20XDetermination of water allocations in respect of entitlements

20X Determination of water allocations in respect of entitlements

20X Determination of water allocations in respect of entitlements

(1) Before an order under section 20W may be made, the Ministerial Corporation shall prepare a volumetric water allocations scheme, or a modification of such a scheme, in respect of the water source to which it is proposed that the order will, when made, apply.

(2) In preparing or modifying a scheme in respect of a water source, the Ministerial Corporation—

(a) shall assess the total quantity of water—

(i) that is likely to be available in each year for apportionment among the holders of entitlements, and

(ii) that, in the opinion of the Ministerial Corporation, should be reserved for other uses or for future use, and

(b) shall then determine in respect of each entitlement the maximum quantity of water which may, subject to this Division, be taken from that water source in any year under the entitlement for the purpose or purposes specified in the entitlement.

(3) The Ministerial Corporation may—

(a) fix differing quantities of water per hectare according to whether water authorised to be taken from the water source under an entitlement may be used for the purpose of irrigating orchards, vineyards, trees (other than trees in orchards), lucerne, pasture, fodder crops, cereal crops or vegetables or crops or plantings of any other description,

(b) fix differing quantities of water according to whether water authorised to be taken from the water source under an entitlement may be used for a purpose other than a purpose specified in paragraph (a), and

(c) determine that in no case shall the maximum quantity of water which may be taken from the water source in any year under any entitlement exceed a quantity specified by the Ministerial Corporation.

(3A) The Ministerial Corporation may, from time to time, vary any determination made under subsection (3) (c) by increasing the quantity specified by it as being the maximum quantity of water which may be taken from a water source in any year under any entitlement.

(4) Subject to any determination in force under subsection (3) (c)—

(a) a determination under subsection (2) (b) in respect of an entitlement may be made—