64ATaking unauthorised amount of water from approved place

64A Taking unauthorised amount of water from approved place (1) Subsection (2) applies if the Minister reasonably believes that the holder of a general place of take approval has taken from the approved place an amount of water that has exceeded the amount the holder was— (a) authorised to take under relevant water allocations; and (b) approved to take from that place under particular place of take approvals. (2) The Minister may determine that the unauthorised amount be deducted from the holder's current and future rights to take water under relevant water allocations— (a) from that approved place under particular place of take approvals; or (b) from any other approved place under particular place of take approvals, where the other approved place— (i) is in the same water system as the approved place; and (ii) is a place in respect of which the holder holds a general place of take approval. (3) A determination of water allocation by the Minister under this Act is subject to the Minister's power to determine deductions under subsection (2). (4) For the purposes of making deductions under subsection (2), the Minister may determine the current and future rights from which the deductions may be made and the order in which deductions may be made from those rights. (5) In making a decision under subsection (4), the Minister may have regard to anything the Minister considers relevant, including but not limited to any of the following— (a) any order of the holder for a delivery of water; (b) whether any right is an approved interstate right; (c) whether or not any right is a right to take water from the water system or water system zone in which the approved place is situated. ***unauthorised amount of water*** means the amount of water that the Minister reasonably believes under subsection (1) the holder of the general place of take approval has taken, without being authorised to take it and approved to take it from the approved place. New s. 64B inserted by No. 48/2021 s. 61.