Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 (NSW)
2012 No 497
New South Wales
Water Management (General)
Amendment (Water Sharing Plans)
Regulation 2012
under the
Water Management Act 2000
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Water Management Act 2000.
ANDREW STONER, MP
for Minister for Primary Industries
Explanatory note
The object of this Regulation is to amend the Water Management (General) Regulation 2011 as follows:
| (a) | to prescribe further categories and subcategories of water access licences, and further types of specific purpose access licences, for the purposes of the Water Management Act 2000 (the Act), |
| (b) | to exempt one of these subcategories of water access licence from also being a specific purpose access licence, |
| (c) | to allow water allocation accounts to be kept in the form of sub-accounts, |
| (d) | to prescribe circumstances in which water may be withdrawn from a water allocation account for the purposes of a provision of the Act that allows water management plans to deal with such matters if prescribed, |
| (e) | to prescribe the issue of an access licence arising from the operation of Schedule 4 of this Regulation as a Ministerial action that must be recorded in the Access Register, |
| (f) | to make provision with respect to certain entitlements under the Water Act 1912 to take water from the Namoi, Macquarie Bogan, Barwon-Darling and Murrumbidgee Unregulated and Alluvial Water Sources and the Belubula Regulated River Water Source, being entitlements that are to become access licences to which Part 2 of Chapter 3 of the Act applies, |
| (g) | to make provision with respect to access licences for the Murrumbidgee Regulated River Water Sources, and to repeal a provision, consequential on the repeal of a part of the Act relating to the Lowbidgee flood control and irrigation works. |
| Published LW 4 October 2012 | Page 1 |
| 2012 No 497 | |
| 2012 No 497 | |
| Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 Explanatory note |
This Regulation is made under the Water Management Act 2000, including sections 21 (c), 57 and 400 (the general regulation-making power), paragraph (i) of the definition of Ministerial action and paragraph (e) of the definition of specific purpose access licence in the Dictionary and clause 1 of Schedule 9.
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| Regulation 2012 | Clause 1 |
Water Management (General) Amendment (Water
Sharing Plans) Regulation 2012
under the
Water Management Act 2000
1 Name of Regulation
This Regulation is the Water Management (General) Amendment
(Water Sharing Plans) Regulation 2012.
2 Commencement
This Regulation commences on 4 October 2012 and is required to be published on the NSW legislation website.
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| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
[1] Clause 4 Categories of access licence
Insert after clause 4 (1) (k):
(l) unregulated river (regulated supply—local water utility) access licence, (m) unregulated river (regulated supply) access licence, (n) unregulated river (A class) access licence, (o) unregulated river (B class) access licence, (p) unregulated river (C class) access licence.
[2] Clause 5 Specific purpose access licences
Insert after clause 5 (b):
(c) unregulated river (regulated supply—local water utility) access licence, (d) unregulated river (regulated supply) access licence.
[3] Clause 5 (2)
Insert at the end of clause 5:
(2) A supplementary water (Lowbidgee) access licence is exempted from paragraph (d) of the definition of specific purpose access licence.
[4] Clause 15 Water allocation accounts
Insert after clause 15 (4):
(5) A water allocation account may be kept in the form of 2 or more
sub-accounts.
[5] Clause 106 Lowbidgee flood control and irrigation works
Omit the clause.
[6] Clause 226 Management plans—water sharing provisions
Omit clause 226 (1) (b). Insert instead:
(b)
circumstances in which the amount of uncontrolled flow taken under a regulated river (general security) access licence or a regulated river (high security) access licence exceeds the amount that is allowed to be taken:
(i) under that licence, or
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(ii) under the order under section 85A of the Act that authorises the taking of the uncontrolled flow,
(c) circumstances in which during a water year one or more available water determinations to credit a water allocation account for a regulated river (general security) access licence or a regulated river (high security) licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year, Note. Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows.
(d)
circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.
(1A) One or more withdrawals may be made from a water allocation account during the water year in the circumstances referred to in subclause (1) (c) but the total amount withdrawn must not exceed the lesser of:
(a) the total amount of uncontrolled water taken in the water year pursuant to the order, or (b) the total amount credited to the account in the water year in accordance with one or more available water determinations made during or after water has been taken by the licence holder pursuant to the order under section 85A of the Act. [7] Clause 226B
Insert after clause 226A:
| 226B | Definition of “Ministerial action” |
The issue of an access licence arising from the operation of Schedule 4 is a prescribed action for the purposes of paragraph (i) of the definition of Ministerial action in the Dictionary to the Act.
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[8] Schedule 3 Categories and subcategories of licences
Insert “Aboriginal environmental” and “(Lowbidgee)” in alphabetical order in
Column 2 opposite the category “Supplementary water” in Column 1.[9] Schedule 4 Access licences and approvals arising from former entitlements, and certain deemed approvals—particular provisions
Insert after Division 20 in Part 2:
Division 21 Replacement access licences for certain
entitlements for Namoi, Macquarie Bogan,
Barwon-Darling and Murrumbidgee
Unregulated and Alluvial Water Sources and
Belubula Regulated River Water Source and
for Murrumbidgee Regulated River Water
Sources (4 October 2012)
Subdivision 1 Aquifer (high security) access licences
84S Application of Subdivision This Subdivision applies to and in respect of the following entitlements, unless otherwise expressly provided:
(a)
each of the entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 or the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies that are referred to in Subdivision 1 of Division 9 of Part 4 of this Schedule under the heading “Individual listings”,
(b)
each of the entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 or the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies that comprise a group of entitlements referred to in Subdivision 1 of Division 9 of Part 4 of this Schedule under the heading “Group listings”.
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84T Aquifer (high security) access licences
(1)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
(5)
This clause does not apply to an entitlement referred to in clause 84S of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Aquifer (high security) access licences An entitlement referred to in clause 84S (a) of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an aquifer (high security) access licence.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement referred to in clause 84S of Schedule 4 to the Water Management (General) Regulation 2011.
(4)
Pursuant to clause 1 of Schedule 9 to the Act, a reference to “a single aquifer access licence” in clause 17 (2) (a) of Schedule 10 to the Act is to be construed, in its application to a group of entitlements referred to in clause 84S (b), as “a single aquifer (high security) access licence”.
84U Water allocations
(1)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84S of Schedule 4 to the Water Management (General) Regulation 2011.
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(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for certain aquifer (high security)
access licencesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84S is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
Subdivision 2 Aquifer (general security) access licences 84V Application of Subdivision This Subdivision applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 applies:
90BL246165 90BL250261 90BL246353 90BL009838 90BL011504 90BL248971
84W Aquifer (general security) access licences
(1)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
(5)
This clause does not apply to an entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Aquifer (general security) access licences An entitlement referred to in clause 84V of Schedule 4 to the Water Management (General)
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Regulation 2011 is taken to have been replaced by an aquifer (general security) access licence.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011.
84X Water allocations
(1)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84V of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for certain aquifer (general security)
access licencesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84V is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
Subdivision 3 Unregulated river (special additional high
flow) access licences84Y Application of Subdivision This Subdivision applies to and in respect of the following entitlements:
(a)
each of the following entitlements with respect to water sources to which the Water Sharing Plan for the
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Macquarie Bogan Unregulated and Alluvial Water
Sources 2012 applies:
80SA000480H 80SL095134H 85SL043626H 80SL034332H 80SL095326H 85SL049423H 80SL037527H 80SL096343H 85SL095246 80SL048683 85SL039638H 85SL095775H
(b) the following entitlement with respect to water sources to which the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 applies: 90SL100823H
84Z Unregulated river (special additional high flow) access licences
(1)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
(5)
This clause does not apply to an entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Unregulated river (special additional high flow) access
licencesAn entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an unregulated river (special additional high flow) access licence.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011.
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| 84ZA | Water allocations | |
|
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84Y of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for certain unregulated river (special
additional high flow) access licencesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84Y is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
Subdivision 4 Salinity and water table management
access licence licences
| 84ZB | Application of Subdivision |
This Subdivision applies to and in respect of the following entitlements:
(a) each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 applies:
85BL256072 85BL256075 85BL256073 85BL256077 85BL256074
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(b) the following entitlement with respect to water sources to which the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 applies: 50BL199858
| 84ZC | Salinity and water table management access licences | |
|
(5)
This clause does not apply to an entitlement referred to in clause 84ZB of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Salinity and water table management access licences An entitlement referred to in clause 84ZB of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a salinity and water table management access licence.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement referred to in clause 84ZB of Schedule 4 to the Water Management (General) Regulation 2011.
| 84ZD | Water allocations | |
|
(1)
The balance of the water account for an entitlement referred to in clause 84ZB (a) of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
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(2)
The balance of the water account for an entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a) any water usage, and (b) any water traded to or from the account, between the dates of the first-mentioned meter
reading and the appointed day.Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.
(2)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 25 (5) of Schedule 10 to the Act:
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZB (b) of Schedule 4 to the Water Management (General) Regulation 2011.
(3) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for salinity and water table
management access licencesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZB (b) is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
Subdivision 5 Unregulated river (A class), (B class) and
(C class) access licences
| 84ZE | Application of Subdivision |
This Subdivision applies to and in respect of each of the entitlements with respect to water sources to which the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial
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Water Sources 2012 applies that are referred to in Subdivision 2 of Division 9 of Part 4 of this Schedule.
84ZF New share components for entitlements Pursuant to clause 1 of Schedule 9 to the Act, clause 3 of Schedule 10 to the Act is to be construed, in its application to an entitlement referred to in clause 84ZE, as if clause 3 (1) (a) (ii) were replaced by the following subclause:
(ii) in the case of an entitlement referred to in clause 84ZE of Schedule 4 to the
Water Management (General) Regulation 2011, with a share component (expressed in unit shares) specified in Subdivision 2 of Division 9 of Part 4 of that Schedule with respect to that entitlement.
| 84ZG | Unregulated river (A class), (B class) and (C class) access licences |
| (1) Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act: |
(5)
This clause does not apply to an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Unregulated river (A class), (B class) and (C class)
access licencesAn entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by an access licence of the category specified in Subdivision 2 of Division 9 of Part 4 of that Schedule with respect to that entitlement.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011.
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| 84ZH | Water allocations | |
|
(1)
The balance of the water account for an entitlement referred to in clause 84ZE of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)
The balance of the water account for an entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a) any water usage, and (b) any water traded to or from the account, between the dates of the first-mentioned meter
reading and the appointed day.Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.
Subdivision 6 Supplementary water access licence 84ZI Application of Subdivision This Subdivision applies to and in respect of the following entitlement with respect to water sources to which the Water Sharing Plan for the Belubula Regulated River Water Source 2012 applies:
70SL091143
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84ZJ Supplementary water access licence
(1)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 4 (4) of Schedule 10 to the Act:
(5)
This clause does not apply to the entitlement referred to in clause 84ZI of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Supplementary water access licence The entitlement referred to in clause 84ZI of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by a supplementary water access licence.
| 84ZK | Water allocation | |
|
(1)
The balance of the water account for the entitlement referred to in clause 84ZI of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)
The balance of the water account for the entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a) any water usage, and
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(b) any water traded to or from the account, between the dates of the first-mentioned meter
reading and the appointed day.Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.
Subdivision 7 Unregulated river (regulated supply)
access licences84ZL Application of Subdivision This Subdivision applies to and in respect of each of the entitlements with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012 applies that are referred to in Subdivision 3 of Division 9 of Part 4 of this Schedule.
| 84ZM | Entitlements for specified quantity of water |
For the purposes of applying Schedule 10 to the Act in relation to an entitlement referred to in clause 84ZL, that entitlement is taken to have been, immediately before the appointed day, for a specified quantity of water equivalent to the quantity specified in Subdivision 3 of Division 9 of Part 4 of this Schedule with respect to that entitlement.
| 84ZN | Unregulated river (regulated supply) access licences | |
|
(5)
This clause does not apply to an entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 4 of Schedule 10 to the Act:
4A Unregulated river (regulated supply) access licences An entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011 is taken to have been replaced by
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an unregulated river (regulated supply) access
licence.
(3)
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
Subclause (1) does not apply to an entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011.
| 84ZO | Water allocations | |
|
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZL of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for unregulated river (regulated
supply) access licencesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZL is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
Subdivision 8 Access licences for domestic and stock
water supply schemes
| 84ZP | Application of Subdivision |
This Subdivision applies to and in respect of each of the following entitlements with respect to water sources to which the Water Sharing Plan for the Murrumbidgee Unregulated and
Alluvial Water Sources 2012 applies:
40BL189392 40BL190875
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| 84ZQ | More than one licence or approval may replace a single entitlement |
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 5 (4) of Schedule 10 to the Act:
(5)
To avoid doubt, subclause (3) does not apply to an entitlement referred to in clause 84ZP of Schedule 4 to the Water Management (General) Regulation 2011.
| 84ZR | Access licences and approvals not to arise from certain entitlements |
Pursuant to clause 1 of Schedule 9 to the Act, the following subclause is taken to be inserted after clause 6 (2) of Schedule 10 to the Act:
(3)
This clause does not apply to an entitlement referred to in clause 84ZP of Schedule 4 to the Water Management (General) Regulation 2011.
| 84ZS | Water allocations | |
|
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZP of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for certain domestic and stock
access licencesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZP is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
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Subdivision 9 Supplementary water (Lowbidgee) access
licences84ZT Access licences arising in connection with Lowbidgee flood
irrigation worksOn 4 October 2012, there are taken to have arisen 3 supplementary water (Lowbidgee) access licences with respect to the Murrumbidgee Regulated River Water Source:
(a)
each co-held by the persons referred to in the table for the licence in Subdivision 4 of Division 9 of Part 4 of this Schedule (being landholders of land for which provision for flood irrigation existed under Part 3 of Chapter 5 of the Act immediately before its repeal) in the shares indicated in that table in relation to those persons, and
(b)
each with a share component (expressed in unit shares), and
(c)
each held on the terms and conditions referable to the licence that are imposed by the Water Sharing Plan for the Murrumbidgee Regulated River Water Source 2003.
| 84ZU | Conversion of share components of access licences |
Clause 7 of Schedule 10 to the Act applies to and in respect of an access licence arising under this Subdivision in the same way as it applies to and in respect of an access licence arising under that Schedule.
Note. This clause enables the share component of an access licence under this Subdivision to be converted from a specified quantity of water to any other manner (such as a unit share) in which a share component may be expressed under section 56 of the Act.
| 84ZV | Notification and duration of access licences |
Clauses 20 and 21 of Schedule 10 to the Act apply to and in respect of an access licence arising under this Subdivision in the same way as they apply to and in respect of an access licence arising under that Schedule.
| 84ZW | Nominated works | |
| ||
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(2)
Such a nomination may be withdrawn under section 71W of the Act in the same way as any other nomination under that section.
Subdivision 10
Access licences for certain entitlements for Barwon-Darling and Belubula Water Sources
| 84ZX | Application of Subdivision |
This Subdivision applies to and in respect of each entitlement with respect to water sources to which the Water Sharing Plan for the Belubula Regulated River Water Source 2012 or the Water Sharing Plan for the Barwon-Darling Unregulated and Alluvial Water Sources 2012 applies that is not referred to in this Schedule.
| 84ZY | Water allocations | |
|
(1)
The balance of the water account for an entitlement referred to in clause 84ZX of Schedule 4 to the Water Management (General) Regulation 2011, as determined in accordance with subclause (2), is taken to be the balance, on the appointed day, of the water allocation account for the access licence arising from the entitlement.
(2)
The balance of the water account for an entitlement is to be determined by taking the balance of the water account based on the last meter reading before the appointed day and, based on the next meter reading and the best information then available to the Department, crediting or debiting that balance to reflect:
(a) any water usage, and (b) any water traded to or from the account, between the dates of the first-mentioned meter
reading and the appointed day.Note. On the appointed day, the water allocation account will also be credited in accordance with any relevant available water determination made on that day.
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Subdivision 11 Access licences for certain entitlements
for Macquarie Bogan, Namoi and
Murrumbidgee Water Sources84ZZ Application of Subdivision This Subdivision applies to and in respect of each entitlement with respect to water sources to which the Water Sharing Plan for the Macquarie Bogan Unregulated and Alluvial Water Sources 2012, the Water Sharing Plan for the Murrumbidgee Unregulated and Alluvial Water Sources 2012 or the Water Sharing Plan for the Namoi Unregulated and Alluvial Water Sources 2012 applies that is not referred to in this Schedule.
| 84ZZA | Water allocations | |
|
(6)
This clause does not apply to the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZZ of Schedule 4 to the Water Management (General) Regulation 2011.
(2) Pursuant to clause 1 of Schedule 9 to the Act, the following clause is taken to be inserted after clause 25 of Schedule 10 to the Act:
25A Water allocations for certain access licences for
Macquarie Bogan, Namoi and Murrumbidgee Water
SourcesOn the appointed day, the balance of the water allocation account for an access licence arising from an entitlement referred to in clause 84ZZ is taken to be zero.
Note. On the appointed day, the water allocation account will be credited in accordance with any relevant available water determination made on that day.
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
[10] Schedule 4, Part 4
Insert after Division 8:
Division 9 Replacement access licences for certain
entitlements for Namoi, Macquarie Bogan,
Barwon-Darling and Murrumbidgee
Unregulated and Alluvial Water Sources and
Belubula Regulated River Water Source and
for Murrumbidgee Regulated River Water
Sources (4 October 2012)
Subdivision 1 Aquifer (high security) access licences
(clause 84S)Water Act 1912 entitlements with respect to Macquarie Bogan
Unregulated and Alluvial Water SourcesIndividual listings
80BL141554 80BL135274 80BL238744 80BL238271 80BL030351 80BL136925 80BL020489 80BL242242 80BL104960 80BL141633 80BL022605 80BL115648 80BL116865 80BL153298 80BL023256 80BL242243 80BL133025 80BL243440 80BL022842 80BL022620 80BL133032 80BL130403 80BL131537 80BL242233 80BL133040 80BL133042 80BL238460 80BL237790 80BL133043 80BL133207 80BL238461 80BL242857 80BL133044 80BL133034 80BL238687 80BL242471 80BL133051 80BL006460 80BL239750 80BL020900 80BL133052 80BL015280 80BL237791 80BL022931 Water Act 1912 entitlements with respect to Murrumbidgee Unregulated and Alluvial Water Sources
Individual listings
40BL100577 40BL150390 40BL187986 40BL190298 40BL108343 40BL186036 40BL187936 40BL191624 40BL109628 40BL187246 40BL022071 40BL192022 40BL122913 40BL187244 40BL188395 40BL192233
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Water Act 1912 entitlements with respect to Murrumbidgee Unregulated and Alluvial Water Sources
Individual listings
40BL133527 40BL186851 40BL190297 40BL022089 40BL135843 40BL187570 40BL190973 40BL139385 40BL187517 40BL191530 40BL144008 40BL187300 40BL191625 Water Act 1912 entitlements with respect to Macquarie Bogan
Unregulated and Alluvial Water Sources
Group listings
80BL012625, 80BL023173, 80BL106780, 80BL10675380BL014451, 80BL121002 80BL122223, 80BL133206 80BL133037, 80BL133038 80BL133046, 80BL133045 80BL133047, 80BL133048 80BL133059, 80BL143396, 80BL133060
80BL133814, 80BL133816 80BL133041, 80BL022058 80BL133036, 80BL017018 80BL020073, 80BL020074, 80BL020072
80BL121724, 80BL121717, 80BL121719, 80BL121721, 80BL121722
80BL133035, 80BL023130
80BL023829, 80BL133054, 80BL133053, 80BL133055, 80BL023828,
80BL023827, 80BL030671, 80BL023830
80BL133027, 80BL133026
80BL133033, 80BL010026, 80BL010079
80BL133031, 80BL011833
80BL011487, 80BL019013
80BL242669, 80BL236534, 80BL238328
80BL133030, 80BL133028
80BL133050, 80BL133049, 80BL022618, 80BL019095
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
Water Act 1912 entitlements with respect to Murrumbidgee Unregulated and Alluvial Water Sources
Group listings
40BL187133, 40BL187138 40BL190438, 40BL190440 40BL191606, 40BL191607, 40BL191608
Subdivision 2 Unregulated river (A class), (B class) and
(C class) access licences (clauses
84ZE–84ZG)
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SA012503 Unregulated river (A Class) 3,905 85SL006615 Unregulated river (A Class) 11 85SL015549 Unregulated river (A Class) 9 85SL017358 Unregulated river (A Class) 24 85SL017395 Unregulated river (A Class) 69 85SL017910 Unregulated river (A Class) 27 85SL018386 Unregulated river (A Class) 12 85SL019431 Unregulated river (A Class) 34 85SL019830 Unregulated river (A Class) 102 85SL019891 Unregulated river (A Class) 32 85SL019980 Unregulated river (A Class) 24 85SL020122 Unregulated river (A Class) 71 85SL020562 Unregulated river (A Class) 37 85SL021298 Unregulated river (A Class) 67 85SL021645 Unregulated river (A Class) 9 85SL022057 Unregulated river (A Class) 47 85SL022063 Unregulated river (A Class) 31 85SL022896 Unregulated river (A Class) 10
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL023367 Unregulated river (A Class) 74 85SL023943 Unregulated river (A Class) 20 85SL024052 Unregulated river (A Class) 8 85SL026335 Unregulated river (A Class) 15 85SL026717 Unregulated river (A Class) 59 85SL026850 Unregulated river (A Class) 11 85SL028028 Unregulated river (A Class) 50 85SL028056 Unregulated river (A Class) 93 85SL028429 Unregulated river (A Class) 124 85SL029409 Unregulated river (A Class) 12 85SL029422 Unregulated river (A Class) 9 85SL029986 Unregulated river (A Class) 27 85SL031486 Unregulated river (A Class) 60 85SL033801 Unregulated river (A Class) 54 85SL035539 Unregulated river (A Class) 8 85SL035672 Unregulated river (A Class) 81 85SL035947 Unregulated river (A Class) 18 85SL037505 Unregulated river (A Class) 32 85SL037919 Unregulated river (A Class) 65 85SL040097 Unregulated river (A Class) 27 85SL040262 Unregulated river (A Class) 34 85SL040876 Unregulated river (A Class) 143 85SL043183 Unregulated river (A Class) 13 85SL043528 Unregulated river (A Class) 47 85SL043546 Unregulated river (A Class) 47 85SL043949 Unregulated river (A Class) 47 85SL044188 Unregulated river (A Class) 11 85SL044510 Unregulated river (A Class) 9
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL044614 Unregulated river (A Class) 82 85SL044705 Unregulated river (A Class) 47 85SL044738 Unregulated river (A Class) 54 85SL044879 Unregulated river (A Class) 47 85SL045085 Unregulated river (A Class) 38 85SL045095 Unregulated river (A Class) 45 85SL045110 Unregulated river (A Class) 56 85SL045316 Unregulated river (A Class) 47 85SL045527 Unregulated river (A Class) 36 85SL045530 Unregulated river (A Class) 60 85SL045541 Unregulated river (A Class) 47 85SL045561 Unregulated river (A Class) 38 85SL046019 Unregulated river (A Class) 51 85SL046259 Unregulated river (A Class) 38 85SL046386 Unregulated river (A Class) 35 85SL046739 Unregulated river (A Class) 35 85SL047088 Unregulated river (A Class) 104 85SL047309 Unregulated river (A Class) 35 85SL047803 Unregulated river (A Class) 96 85SL047825 Unregulated river (A Class) 49 85SL047845 Unregulated river (A Class) 45 85SL048281 Unregulated river (A Class) 38 85SL048297 Unregulated river (A Class) 38 85SL048391 Unregulated river (A Class) 42 85SL048658 Unregulated river (A Class) 40 85SL048666 Unregulated river (A Class) 45 85SL048671 Unregulated river (A Class) 45 85SL048685 Unregulated river (A Class) 45
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL048863 Unregulated river (A Class) 45 85SL049148 Unregulated river (A Class) 36 85SL049225 Unregulated river (A Class) 36 85SL049323 Unregulated river (A Class) 68 85SL050108 Unregulated river (A Class) 45 85SL050169 Unregulated river (A Class) 36 85SL050920 Unregulated river (A Class) 36 85SL050993 Unregulated river (A Class) 36 85SL051129 Unregulated river (A Class) 20 85SL051130 Unregulated river (A Class) 97 85SL051295 Unregulated river (A Class) 45 85SL051696 Unregulated river (A Class) 38 85SL052034 Unregulated river (A Class) 45 85SL095075 Unregulated river (A Class) 45 85SL095106 Unregulated river (A Class) 40 85SL095139 Unregulated river (A Class) 45 85SL095162 Unregulated river (A Class) 45 85SL095484 Unregulated river (A Class) 45 85SL096028 Unregulated river (A Class) 12 85SL096050 Unregulated river (A Class) 29 85SL096168 Unregulated river (A Class) 22 85SL096219 Unregulated river (A Class) 146 85SL096220 Unregulated river (A Class) 47 85SL096226 Unregulated river (A Class) 50 85SL100097 Unregulated river (A Class) 41 85SL100766 Unregulated river (A Class) 38 85SL105004 Unregulated river (A Class) 56 85SL105049 Unregulated river (A Class) 136
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL105050 Unregulated river (A Class) 97 85SL105052 Unregulated river (A Class) 249 85SL105061 Unregulated river (A Class) 166 85SA001710 Unregulated river (B Class) 1,977 85SA001836 Unregulated river (B Class) 5,981 85SA010578 Unregulated river (B Class) 19,972 85SA011579 Unregulated river (B Class) 148 85SA011581 Unregulated river (B Class) 4,296 85SA012502 Unregulated river (B Class) 1,874 85SL018906 Unregulated river (B Class) 117 85SL019833 Unregulated river (B Class) 346 85SL021400 Unregulated river (B Class) 165 85SL021766 Unregulated river (B Class) 291 85SL022947 Unregulated river (B Class) 110 85SL023809 Unregulated river (B Class) 188 85SL024550 Unregulated river (B Class) 128 85SL025591 Unregulated river (B Class) 638 85SL026894 Unregulated river (B Class) 56 85SL026985 Unregulated river (B Class) 136 85SL027276 Unregulated river (B Class) 191 85SL027632 Unregulated river (B Class) 1,051 85SL028178 Unregulated river (B Class) 582 85SL028410 Unregulated river (B Class) 328 85SL028537 Unregulated river (B Class) 273 85SL029230 Unregulated river (B Class) 582 85SL029245 Unregulated river (B Class) 92 85SL029558 Unregulated river (B Class) 766 85SL029878 Unregulated river (B Class) 618
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL030049 Unregulated river (B Class) 1,205 85SL031060 Unregulated river (B Class) 342 85SL031658 Unregulated river (B Class) 1,229 85SL036565 Unregulated river (B Class) 138 85SL037049 Unregulated river (B Class) 259 85SL037213 Unregulated river (B Class) 294 85SL038627 Unregulated river (B Class) 1,177 85SL040043 Unregulated river (B Class) 951 85SL044420 Unregulated river (B Class) 1,437 85SL049419 Unregulated river (B Class) 2,004 85SL050855 Unregulated river (B Class) 655 85SL051368 Unregulated river (B Class) 320 85SL051372 Unregulated river (B Class) 998 85SL051633 Unregulated river (B Class) 194 85SL051650 Unregulated river (B Class) 1,360 85SL051895 Unregulated river (B Class) 1,033 85SL051976 Unregulated river (B Class) 765 85SL052000 Unregulated river (B Class) 1,185 85SL052153 Unregulated river (B Class) 930 85SL095034 Unregulated river (B Class) 1,389 85SL095068 Unregulated river (B Class) 546 85SL095104 Unregulated river (B Class) 155 85SL095208 Unregulated river (B Class) 990 85SL095365 Unregulated river (B Class) 1,360 85SL095641 Unregulated river (B Class) 368 85SL095725 Unregulated river (B Class) 818 85SL095729 Unregulated river (B Class) 220 85SL096134 Unregulated river (B Class) 3,002
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL096196 Unregulated river (B Class) 646 85SL096220 Unregulated river (B Class) 4,111 85SL096254 Unregulated river (B Class) 12,166 85SL100291 Unregulated river (B Class) 554 85SL100368 Unregulated river (B Class) 334 85SL100369 Unregulated river (B Class) 273 85SL100376 Unregulated river (B Class) 136 85SL100380 Unregulated river (B Class) 824 85SL100467 Unregulated river (B Class) 1,616 85SL100492 Unregulated river (B Class) 47 85SL100792 Unregulated river (B Class) 391 85SL105001 Unregulated river (B Class) 1 85SL105002 Unregulated river (B Class) 19 85SL105003 Unregulated river (B Class) 69 85SL105044 Unregulated river (B Class) 296 85SL105053 Unregulated river (B Class) 373 85SL105058 Unregulated river (B Class) 8,633 85SL105059 Unregulated river (B Class) 10,499 85SL105064 Unregulated river (B Class) 2,765 85SL105065 Unregulated river (B Class) 8,215 85SL105066 Unregulated river (B Class) 0 85SA001653 Unregulated river (C Class) 1 85SL029660H Unregulated river (C Class) 169 85SL036884H Unregulated river (C Class) 1 85SL040057 Unregulated river (C Class) 1 85SL045946 Unregulated river (C Class) 6,168 85SL048672 Unregulated river (C Class) 2,062 85SL049394H Unregulated river (C Class) 1
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Water Act 1912 Replacement access Share entitlements with respect licence component— to Barwon-Darling unit shares Unregulated and Alluvial
Water Sources85SL105065 Unregulated river (C Class) 6,388 85SL051430H Unregulated river (C Class) 1 85SL095718 Unregulated river (C Class) 5,404 85SL095951 Unregulated river (C Class) 24,108 85SL096220 Unregulated river (C Class) 1,538 85SL105056H Unregulated river (C Class) 1 85SL105057H Unregulated river (C Class) 1 85SL105067 Unregulated river (C Class) 0
Subdivision 3 Unregulated river (regulated supply)
access licences (clauses 84ZL and 84ZM)Column 1 Column 2 Water Act 1912 entitlements with respect to (megalitres) Macquarie Bogan Unregulated and Alluvial
Water Sources80SA010630 931 80SA010631 35,586 80SA010638 26,242 80SA010621 2,008 Subdivision 4 Supplementary water (Lowbidgee) access
licences (clauses 84ZT and 84ZW)Table 1—Supplementary water (Lowbidgee) access licence arising
under Subdivision 9 of Part 2 of this Schedule in respect ofMurrumbidgee Regulated River Water Source
Licence holders Share
component—
unit sharesAllen Francis, Helen Sheila, David Francis & Janine Louise Cox 4,970 Amaral Pastoral Pty Limited 105,572
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
Table 1—Supplementary water (Lowbidgee) access licence arising
under Subdivision 9 of Part 2 of this Schedule in respect ofMurrumbidgee Regulated River Water Source
Licence holders Share
component—
unit sharesBrendan Patrick Coates 33,659 Dunoon Holdings Pty Ltd 6,933 Francis John & Robyn Jean Old 18,436 Francis John Old 59,046 Frederick John Nelson 16,060 John Robert & Fiona Gaston 19,787 Michael Andrew & Helen Mary Spinks 20,563 Michael Andrew Spinks 6,327 Nap Nap Station Pty Limited 71,459 Olive Mary, David Michael & Mark Thomas Coates 14,345 Stephen Joseph Blore 3,843 Share component for licence 381,000 Nominated work for licence—The work identified as
40WA405734 (specifically the Nimmie Creek Offtake Regulator,
North Caira Bridge Regulator and South Caira Bridge Regulator)Table 2—Supplementary water (Lowbidgee) access licence arising
under Subdivision 9 of Part 2 of this Schedule in respect ofMurrumbidgee Regulated River Water Source
Licence holders Share
component—
unit sharesFrancis John Old 17 Graeme Lewis Sims Black 4,397 Matthew John Kayne 2,499
| 2012 No 497 | Water Management (General) Amendment (Water Sharing Plans) Regulation 2012 |
| Schedule 1 | Amendment of Water Management (General) Regulation 2011 |
Table 2—Supplementary water (Lowbidgee) access licence arising
under Subdivision 9 of Part 2 of this Schedule in respect ofMurrumbidgee Regulated River Water Source
Licence holders Share
component—
unit sharesMinister Administering the National Parks and Wildlife Act 1974 148,087 Share component for licence 155,000 Nominated work for licence—The work identified as
40WA405734 (specifically the Waugorah Regulator and Yanga
Regulator)Table 3—Supplementary water (Lowbidgee) access licence arising
under Subdivision 9 of Part 2 of this Schedule in respect ofMurrumbidgee Regulated River Water Source
Licence holders Share
component—
unit sharesMaxwell Ernest & Pamela Elizabeth King 402 Balranald Shire Council 3,417 Maxwell Ernest King, Wendy Jean Mitchell, Rodney James Irvine 5,968 Sebastiano, Paolo, Gaetano Cimino 7,446 Balranald Local Aboriginal Land Council 5,339 Connie Ann Campbell 41 Brendan Patrick & Jennifer Coates 11,827 GC & IC Farnsworth Pty Ltd 1,897 Rachael Alison Williams 1,822 Craig John Williams 13,117 Gregory Thomas, Richard Anthony & Paul Francis Connellan 20,109 Majella Ralph Hoare 7,067 Ronald Norman, Peter James & Jane Maree Harris 5,390 Ronald Norman, Suzanne Patricia, Peter James & Jane Maree 91,302 Harris Kathleen Winifred & Paul Francis Coates 22,350
| Water Management (General) Amendment (Water Sharing Plans) | 2012 No 497 |
| Regulation 2012 | |
| Amendment of Water Management (General) Regulation 2011 | Schedule 1 |
Table 3—Supplementary water (Lowbidgee) access licence arising
under Subdivision 9 of Part 2 of this Schedule in respect ofMurrumbidgee Regulated River Water Source
Licence holders Share
component—
unit sharesTim Roberts-Thomson 13,506 Share component for licence 211,000 Nominated work for licence—The work identified as
40WA405734 (specifically the Glen Dee Regulator and Juanbung
Regulator)
0
0
0