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An order under this section may be amended or repealed by a subsequent order (see section 43 of the Interpretation Act 1987).

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,