Temporary water restrictions for NSW Border Rivers
Reasons for decision
This order may be amended or repealed before 30 June 2020.
Carryover water that is temporarily restricted goes into a drought reserve account. If inflows are sufficient to meet critical water needs, water in the drought reserve will be returned progressively to users’ active accounts. The carryover account water is not lost.
Reasons for decisions
- “to cope with a water shortage”– due to very low inflow and high delivery loss there is insufficient resource to supply the full account complement of general security water, if essential supplies are to be maintained for 2019/20.
- “threat to public health and safety” – supplies to critical human water needs will be under greater threat in the 2019/20 water year without intervention.
Accordingly, this s.324 order is being made to restrict access to:
- 50% (50% allowed) of carryover in accounts on 30 June 2019 by general security access licences (Class A and Class B) in the NSW Border Rivers Regulated River Water Source.
The restriction will be in place from 1 July 2019 to 30 June 2020.
Prohibition of trade – section 71Z
Section 71Z of the Act allows the Minister or their delegate to, by order, establish Access Licence Dealing Principles (ALDPs) to regulate or prohibit the kinds of dealings that may be effected under Division 4 of Part 2, Chapter 3 of the Act.
Trade restrictions are required to complement the temporary water restriction. In the absence of trade restrictions, the following could occur contrary to the intent of the section 324 order:
- a person can sell the restricted water in their account
- the buyer of that water is able to take that water
The ALDP order is proposed to prohibit the temporary assignment of any volume of water which could not be taken by the assignor (seller) under the s324 temporary restriction order.
Together with the section 324 order, the ALDP order will ensure that all water in relevant accounts is ‘frozen’ and inaccessible for either take or trade.
The ALDP order is designed to ensure that trading of the available water is not unnecessarily restricted.
Rachel Connell, Executive Director, Department of Industry–Water
26 June 2019