Water Management (General) Regulation 2018
251 Management plans—water sharing provisions
(1) For the purposes of section 21(c) of the Act, the following are prescribed as circumstances in which water may be withdrawn from a water allocation account—(a) circumstances in which there is insufficient water available in the relevant dam to provide for losses in the conveyance of water between the dam and the locations to which it is delivered (whether by evaporation, leakage or otherwise),(b) circumstances in which the amount of uncontrolled flow taken under a regulated river (general security) access licence or a regulated river (high security) access licence exceeds the amount that is allowed to be taken—(i) under that licence, or(ii) under the order under section 85A of the Act that authorises the taking of the uncontrolled flow,(c) circumstances in which during a water year one or more available water determinations to credit a water allocation account for a regulated river (general security) access licence or a regulated river (high security) access licence are made during or after water has been taken pursuant to an order made under section 85A of the Act that authorises the taking of water from uncontrolled flows in the same water year,Note.Paragraph (c) enables water to be withdrawn from a water allocation account of a regulated river (general security) access licence or a regulated river (high security) access licence where any available water determination is made during or after a period of access to uncontrolled flows. The amount to be withdrawn is the lesser of the amount of uncontrolled flow taken and the amount credited to the water allocation account as a result of any available water determinations made during or after the taking of uncontrolled flows.(d) circumstances in which the balance of the account exceeds the maximum volume of water allocations that may be held in the account under the management plan for the water source to which the account relates.(2) One or more withdrawals may be made from a water allocation account during the water year in the circumstances referred to in subclause (1)(c) but the total amount withdrawn must not exceed the lesser of—(a) the total amount of uncontrolled water taken in the water year pursuant to the order, or(b) the total amount credited to the account in the water year in accordance with one or more available water determinations made during or after water has been taken by the licence holder pursuant to the order under section 85A of the Act.(3) For the purposes of section 21(f) of the Act, the water sharing planning provisions of a management plan for a water management area or water source may deal with—(a) the short-term delivery of water through the area, including by providing for the grouping of water orders and the periodic release of water orders, where the circumstances or conditions of delivery would result in unacceptably high delivery losses, and(b) the return or delivery of water to a water source, including the circumstances in which the water is to be returned or delivered.(4) In this clause, the relevant dam means the dam from which water is released for delivery to the holder of an access licence.