87AACompensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force

87AA Compensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force

87AA Compensation payable in certain circumstances for reductions in water allocations arising after initial period that management plan is in force

(1) This section applies to the following categories and subcategories of access licence—

(a) regulated river (high security) access licences,

(b) regulated river (general security) access licences,

(c) Murrumbidgee Irrigation (conveyance) access licences,

(d) Coleambally Irrigation (conveyance) access licences,

(e) unregulated river access licences,

(f) aquifer access licences,

(f1) floodplain harvesting (regulated river) access licences,

(f2) floodplain harvesting (unregulated river) access licences,

(f3) regulated river supplementary water access licences,

(g) any other category or subcategory of access licence that is prescribed by the regulations (other than excluded supplementary water access licences or specific purpose access licences).

(2) A holder of an access licence to which this section applies whose water allocations are reduced because of a change to provisions of the relevant management plan dealing with water sharing is entitled to compensation as assessed by the Minister in accordance with subsections (5) and (6).

(3) Despite subsection (2), the holder of an access licence is not entitled to compensation under this section if—

(a) the reduction in water allocations occurred while the first management plan (excluding any period for which that plan was extended under section 43A (1)) was in force or during the period during which compensation is payable under section 87 (10), or

(b) the reduction in water allocations occurred as a result of an amendment of a management plan by the Minister under section 45 that is authorised by the plan or that is required to give effect to a decision of the Land and Environment Court relating to the validity of the plan, or