54Harvestable rights orders

#### 54 Harvestable rights orders 54 Harvestable rights orders > > (1) The Minister, by order published on the NSW legislation website, may— > > > > > (a) constitute any land as a harvestable rights area, and > > > > > (b) name the area that is constituted, and > > > > > (c) fix the boundaries of the area that is constituted. > > > > Note. > > > > An order under this section may be amended or repealed by a subsequent order (see section 43 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015)). > > > > Editorial note. > > > > For harvestable rights orders see Gazette No 110 of 1.7.2004, pp 5515, 5517 and Gazette No 40 of 31.3.2006, p 1628. > > > (2) The order by which a harvestable rights area is constituted must specify— > > > > > (a) the kinds of water (such as overland flow water) that may be captured and stored in the area in exercise of harvestable rights, and > > > > > (b) the method for calculating the maximum harvestable right volume for works constructed or used in exercise of harvestable rights on landholdings in the area by reference to a proportion (not being less than 10%) of the average regional overland flow waters for that area. > > > (3) Without limiting subsection (2) (b), the kinds of ways in which a maximum harvestable right volume for landholdings in a harvestable rights area may be expressed include by reference to the capacity of water supply works or volumetric limits. > > > (4) The order may also deal with the following matters— > > > > > (a) the types and locations of water supply works that may be used by a landholder to capture and store water, > > > > > (b) the means by which the maximum capacity of a water supply work that may be constructed or used by a landholder to capture and store water is to be calculated, > > > > > (c) the arrangements that may be made by landholders for the shared use of a water supply work that straddles their landholdings, > > > > > (d) the method for accounting for water that is captured or stored in the circumstances referred to in section 53 (3), > > > > > (e) the procedures to be followed for calculating the average overland flow water for a landholding in the area, > > > > > (f) rules about the purposes for which water may be captured, taken, stored or used, > > > > > (g) such other matters as are necessary or convenient to give effect to the order. > > > (5) For the purpose of calculating any matter under an order under this section, a reference in the order to an area of land is, in the case of a landholding, a reference to the area of the landholding. > > > (6) An order under this section may deal with any matter by reference to a map held by the Department. > > > (7) Any map that is referred to as provided by subsection (6) is to be available for public inspection, free of charge, by either or both of the following means— > > > > > (a) at the appropriate regional office of the Department for the area to which the relevant order relates, during normal office hours, > > > > > (b) on the website of the Department or any other website that the Minister considers to be readily accessible by members of the public. > > **s 54:** Am 2009 No 110, Sch 1 \[1\]; 2012 No 42, Sch 1.27 \[1\] \[2\]. Subst 2014 No 48, Sch 1.3 \[2\].