Water Management (General) Amendment (Lower Lachlan) Regulation 2008 (NSW)
2008 No 20
New South Wales
Water Management (General) Amendment (Lower Lachlan) Regulation 2008
under the
Water Management Act 2000
Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.
PHILIP KOPERBERG, M.P.,
Minister for Climate Change, Environment and Water
Explanatory note
The object of this Regulation is to modify the provisions of Schedule 10 to the Water Management Act 2000 (Conversion of former entitlements to access licences and approvals) in relation to the access licences that arise under that Schedule as a consequence of a proclamation under section 55A of that Act that extends the operation of Part 2 of Chapter 3 of that Act to the Lower Lachlan Groundwater Source.
This Regulation also makes two corrections of incorrect figures contained in Schedule 4A of the Water Management (General) Regulation 2004 relating to replacement access licences in the Lower Gwydir Groundwater Source and other amendments in the nature of law revision. This Regulation is made under the Water Management Act 2000, including section 400 (the general power to make regulations) and clause 1 of Schedule 9 (the power to make regulations of a savings or transitional nature).
| Published in Gazette No 11 of 31 January 2008, page 214 | Page 1 |
| 2008 No 20 | Water Management (General) Amendment (Lower Lachlan) Regulation |
| Clause 1 | 2008 |
Water Management (General) Amendment (Lower
Lachlan) Regulation 2008
under the
Water Management Act 2000
1 Name of Regulation
This Regulation is the Water Management (General) Amendment
(Lower Lachlan) Regulation 2008.
2 Commencement
This Regulation commences on 1 February 2008.
3 Amendment of Water Management (General) Regulation 2004
The Water Management (General) Regulation 2004 is amended as set out in Schedule 1.
| Water Management (General) Amendment (Lower Lachlan) Regulation | 2008 No 20 |
| 2008 | |
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 3)
[1] Clauses 29A, 29F and 29K
Omit “to Column 1 of in” wherever occurring.
Insert instead “to in Column 1 of”.[2] Clause 29B New share components for existing Part 5 entitlements
Insert after clause 29B (2):
(2A) Despite subclause (2), Schedule 4A (as inserted in this Regulation by the Water Management (General) Amendment Regulation 2006) is to be read as if:
(a)
the share component volumes specified in Columns 2 and 3 in relation to Part 5 entitlement 90BL030236 in Column 1 were 163 and 83, respectively, instead of 88 and 11, and
(b)
the share component volume specified in Column 2 in relation to Part 5 entitlement 90BL247500 in Column 1 were 167 instead of 111.
(2B) Subclause (2A) is taken to have commenced on 1 October 2006. [3] Part 3, Division 8
Insert after Division 7 of Part 3:
Division 8 Replacement access licences for Part 5
entitlements for the Lower Lachlan
(1 February 2008)
29Q Application of Division This Division applies to and in respect of each Part 5 entitlement referred to in Column 1 of Schedule 4D, and to and in respect of each access licence arising from any such entitlement, but not to any other entitlement or access licence.
29R New share components for existing Part 5 entitlements
(1) This clause applies for the purposes of clause 3 (1) (a), and clause
8, of Schedule 10 to the Act.(2)
On 1 February 2008, a Part 5 entitlement (or group of Part 5 entitlements) referred to in Column 1 of Schedule 4D is taken to have been replaced:
| 2008 No 20 | Water Management (General) Amendment (Lower Lachlan) Regulation 2008 |
| Schedule 1 | Amendments |
(a)
by an aquifer access licence with a share component of the volume specified in Column 2 of that Schedule, and
(b)
if a volume is specified in Column 3 of that Schedule, by a supplementary water access licence with a share component of the volume so specified.
(3)
The volumes specified in Columns 2 and 3 of Schedule 4D in relation to any Part 5 entitlement (or group of Part 5 entitlements) have been calculated in accordance with the methodology set out in clauses 25C and 25D of the Water Sharing Plan for the Lower Lachlan Groundwater Source 2003.
29S Registration of security interests in replacement access licences (1) Pursuant to clause 1 of Schedule 9 to the Act, clause 19 of Schedule 10 to the Act is to be construed as if:
(a)
the reference in clause 19 (5) to the commencement of Part 2 of Schedule 10 to the Act were a reference to 1 February 2008, and
(b)
the reference in clause 19 (5) (a) to replacement access licences were a reference to replacement access licences arising under clause 29R in relation to the water sources referred to in Schedule 4D.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following
subclauses are taken to be inserted after clause 19 (10):
(10A)
Subclause (10B) applies only to an access licence arising from an entitlement with respect to land in respect of which an interest was, immediately before 1 February 2008, registered under the Real Property Act 1900 or under the Corporations Act 2001 of the Commonwealth.
(10B)
No dealing that requires the consent of the holder of a security interest may be registered in relation to an access licence until the expiry of the prescribed period unless, before the expiry of that period, the holder of the interest:
(a)
has lodged with the Director-General a notice of the kind referred to in subclause (5) (d), or
(b)
has notified the Director-General that the holder does not propose to seek registration of the interest in the Access Register.
| Water Management (General) Amendment (Lower Lachlan) Regulation | 2008 No 20 |
| 2008 | |
| Amendments | Schedule 1 |
29T Entitlements held by 2 or more co-holders
(1) Pursuant to clause 1 of Schedule 9 to the Act, clause 23 of Schedule 10 to the Act is taken to have been replaced by the following clause: 23 Entitlements held by 2 or more co-holders
Two or more co-holders of a replacement access licence are taken to hold the access licence:
(a) if the Minister has a record of the shares in which the former entitlement was held immediately before the appointed day, in the same shares as the former entitlement was so held, or (b) if the Minister has no such record, but within 2 months after sending a written request to the co-holders seeking information as to their shareholding the Director-General receives:
(i) a notice, signed by or on behalf of each of them, by which they agree as to the shares in which they hold the access licence, or (ii) a notice, signed by any one of them, to the effect that legal proceedings have been commenced for the purpose of obtaining a declaration as to the shares in which they hold the access licence, in the agreed shares referred to in the notice under subparagraph (i), or in the shares determined pursuant to the legal proceedings referred to in the notice under subparagraph (ii), as the case may be, or
(c)
in any other case, as tenants in common with the entitlements conferred by the licence under section 56 apportioned equally between them.
29U Water allocations Pursuant to clause 1 of Schedule 9 to the Act, clause 25 of Schedule 10 to the Act is to be construed as if clause 25 (4) were replaced by the following subclause:
(4)
The water allocations for a replacement access licence are to be adjusted as required by the
| 2008 No 20 | Water Management (General) Amendment (Lower Lachlan) Regulation 2008 |
| Schedule 1 | Amendments |
accounting practices applicable for the time being to water allocation accounts, except that no such adjustment arising from water taken before 1 February 2008 is to be made after 30 June 2009.
[4] Schedule 4A Replacement access licences for certain Part 5 entitlements (1 October 2006)
Insert “*” after “88” and “11” in Columns 2 and 3, respectively, where appearing opposite “90BL030236” in Column 1.
[5] Schedule 4A
Insert “*” after “111” in Column 2 where appearing opposite “90BL247500” in Column 1.
[6] Schedule 4A
Insert after the end of the Schedule:
* See clause 29B (2A).
[7] Schedule 4D
Insert after Schedule 4C:
Schedule 4D
Replacement access licences for Part 5 entitlements for the Lower Lachlan (1 February 2008)
(Clause 29Q)
Column 1 Column 2 Column 3 Aquifer access Supplementary Part 5 entitlement licence access licence Lower Lachlan Groundwater Source
70BL130763 575 101 70BL229206 1767 154 70BL118496, 70BL228644 1534 324 70BL226918 1052 175 70BL031584, 70BL228456 4134 1004 70BL226099 1260 315 70BL226076 838
| Water Management (General) Amendment (Lower Lachlan) Regulation | 2008 No 20 |
| 2008 | |
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Aquifer access Supplementary Part 5 entitlement licence access licence 70BL137921, 70BL228628 1287 221 70BL128745, 70BL228546 2487 464 70BL137025, 70BL226293 1887 584 70BL100865, 70BL100866, 11729 2494 70BL138402, 70BL141670, 70BL226209, 70BL226219, 70BL227321, 70BL227624, 70BL229256
70BL103115, 70BL230554 2167 321 70BL108630 386 17 70BL112398 132 70BL227379 1890 202 70BL123429, 70BL226295, 2870 618 70BL227254, 70BL229295 70BL122412 162 198 70BL141672, 70BL227386, 2886 1102 70BL227838, 70BL227839 70BL227269 2701 517 70BL154191 31 2 70BL133639, 70BL228685 1058 242 70BL134782 31 70BL227942 1202 748 70BL030418, 70BL030419, 10528 2442 70BL124020, 70BL124522, 70BL226607, 70BL229231, 70BL229232, 70BL229233, 70BL229235, 70BL229236
70BL030978, 70BL107112, 5198 70BL117551, 70BL226126, 70BL228581, 70BL229184
70BL132733 1179 171 70BL228879 933
| 2008 No 20 | Water Management (General) Amendment (Lower Lachlan) Regulation 2008 |
| Schedule 1 | Amendments |
Column 1 Column 2 Column 3 Aquifer access Supplementary Part 5 entitlement licence access licence 70BL226160, 70BL227381, 14959 3223 70BL227433, 70BL227434, 70BL227435, 70BL228686, 70BL229275
70BL120905, 70BL226762, 4484 894 70BL227608 70BL226342, 70BL226746, 937 70BL229529, 70BL229530,
70BL22953170BL226343 1568 254 70BL229814 5 70BL226392 1543 70BL227662, 70BL227907, 3512 591 70BL228965 70BL004830, 70BL226333, 2087 541 70BL227983 70BL226401 1739 70BL226626 323 50 70BL226430 923 3 70BL226575 90 105 70BL226859 873 1 70BL226874 344 70BL226664 99 121 70BL151466 865 139 70BL226665 170 27 70BL226858 1209 470 70BL020879 180 70BL226611 540 510 70BL227074, 70BL230527 1007 196 70BL226767 180 70BL226496 50 8
| Water Management (General) Amendment (Lower Lachlan) Regulation | 2008 No 20 |
| 2008 | |
| Amendments | Schedule 1 |
Column 1 Column 2 Column 3 Aquifer access Supplementary Part 5 entitlement licence access licence 70BL226756 450 300 70BL229117 805 695 70BL140791 987 201 70BL018891 90 70BL226344, 70BL226745, 1350 70BL229434, 70BL229435,
70BL22943670BL228078 19 1 70BL012621 16 70BL007052 68 70BL007380 5 70BL227318 270 42 70BL016333, 70BL020397 58 70BL008792 30 70BL229864 1 70BL230192 123 7 70BL228537 49 70BL226765 180 70BL231127 1 70BL006726, 70BL020619 5 70BL226849 395 70BL226850 353 443 70BL226851 808
BY AUTHORITY
0
0
0