58Restriction on use of allocation

58 Restriction on use of allocation

[Section 58 Substituted by No. 49 of 2002, s. 12, Applied:01 Mar 2003]

(1)  Without limiting section 56 , the Minister may determine that a water allocation of a licence may be –

(a) taken from, or used on, only a specified area of land; or

(b) used only for a specified purpose; or

(c) [Section 58 Subsection (1) amended by No. 6 of 2007, s. 9, Applied:16 Jul 2007] used only to allow the taking of water into a specified dam or proposed dam; or

(d) [Section 58 Subsection (1) amended by No. 6 of 2007, s. 9, Applied:16 Jul 2007] used only in accordance with conditions for the avoidance, minimisation or management of associated environmental risks.

(2)  Where a water allocation is determined under subsection (1)(c) to be used for the taking of water into a proposed dam or to increase the quantity of water to be taken into an existing dam, the allocation may be made conditional on the completion of –

(a) the construction of the proposed dam; or

(b) the dam works increasing the existing dam's capacity.

(3)  [Section 58 Subsection (3) inserted by No. 6 of 2007, s. 9, Applied:16 Jul 2007] In this section –

environmental risk means a material risk that a water allocation may, in respect of any water resource or land, cause –

(a) a rise in underground water levels; or

(b) soil waterlogging; or

(c) increased salination; or

(d) increased soil erosion; or

(e) the destabilisation of the bank or bed of a watercourse; or