Licences based on existing regulated and unregulated river access licences
35 Licences based on existing regulated and unregulated river access licences
This section applies to an eligible floodplain landholder if, on 3 July 2008, one of the following licences was in force in relation to the land on which the floodplain landholder’s eligible water supply work is located—
a regulated river access licence without an unregulated river access licence,
a regulated river access licence with an unregulated river access licence,
a Barwon-Darling unregulated river access licence.
The Minister must determine the share component of a replacement floodplain harvesting access licence for the eligible floodplain landholder to be—
the amount determined using the 3 models referred to in Subdivision 3 that apply to the regulated river water source or the Barwon-Darling water source, as the case requires, or
a lesser amount if, in the Minister’s opinion, the lesser amount is in the public interest, including for the purpose of—
managing water for environmental purposes, or
maximising economic, social or cultural benefits to the community.
In determining the share component of a replacement floodplain harvesting access licence for a floodplain landholder eligible under subsection (1)(b), the Minister must deduct the share component of the unregulated river access licence from the proposed share component of the replacement floodplain harvesting access licence.
Despite subsection (3), the Minister—
is not required to deduct the share component of the unregulated river access licence if satisfied there were no water supply works used in connection with the unregulated river access licence, and
may deduct a proportion of the share component of the unregulated river access licence that corresponds with the amount by which the volume of water taken under the unregulated river access licence is less than the maximum volume specified for the licence.
In this section—
Barwon-Darling unregulated river access licence means an unregulated river access licence with a share component that specifies the Barwon-Darling water source.
Barwon-Darling water source means the Barwon-Darling Unregulated River Water Source to which the Water Sharing Plan for the Barwon-Darling Unregulated River Water Source 2012 applies.
regulated river access licence means an access licence that entitles the holder to shares of water from a regulated river.
unregulated river access licence means—
an unregulated river access licence, or
an entitlement that was replaced, on or after 3 July 2008, by an unregulated river access licence under the Act, Schedule 10.
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