New South Wales Consolidated Acts

WATER MANAGEMENT ACT 2000 - SECT 60

60 Rules of distribution applicable to making of available water determinations

(1) Except while an order under section 49A or 49B is in force, the following rules of distribution apply to the making of an available water determination of a type referred to in section 59 (1) (a)--

(a) the rules of priority established by section 58,

(b) the provisions of any relevant bulk access regime,

(c) the provisions of any relevant management plan,

(d) the provisions of any relevant implementation program.

(3) While an order under section 49A is in force, the following rules of distribution apply to the making of an available water determination--

(a) first priority is to be given to--

(i) the taking of water for domestic purposes by persons exercising basic landholder rights, and

(ii) the taking of water for domestic purposes or essential town services authorised by an access licence,

(b) second priority is to be given to the needs of the environment,

(c) third priority is to be given to--

(i) the taking of water for stock purposes by persons exercising basic landholder rights, and

(ii) in the case of regulated rivers, the taking of water for purposes (other than domestic purposes) authorised by a regulated river (high security) access licence, and

(iii) the taking of water for the purposes of supply of commercial and industrial activities authorised by a major utility access licence or local water utility access licence, subject to the water made available being in accordance with any drought management strategy established by the Minister for that purpose, and

(iv) the taking of water for the purposes of electricity generation authorised by a major utility access licence, and

(v) the taking of water for purposes authorised by a domestic and stock access licence or by persons exercising any other water rights in relation to stock, and

(vi) the taking of water for purposes authorised by a conveyance access licence in connection with the supply of water for any other purpose or need referred to in this paragraph,

(d) fourth priority is to be given to the taking of water for purposes authorised by any other category or subcategory of access licence.

(3A) While an order under section 49B is in force, the following rules of distribution apply to the making of an available water determination--

(a) first priority is to be given to meeting critical human water needs,

(b) second, third, fourth and fifth priorities are to be given to the matters set out in subsection (3) (a), (b), (c) and (d), respectively, to the extent that those matters are not critical human water needs.

(3B) In a case where orders under both sections 49A and 49B are in force in relation to the same water management area or water source, the rules set out in subsection (3A) prevail.

(3C) In this section--

"critical human water needs" means the needs for a minimum amount of water, that can only reasonably be provided from the Basin water resources, required to meet--

(a) core human consumption requirements in urban and rural areas, and

(b) those non-human consumption requirements that a failure to meet would cause prohibitively high social, economic or national security costs.

(4) Nothing in this section gives rise to a claim for compensation under Division 9.