91Inadequate supply or overuse of water

91 Inadequate supply or overuse of water

(1)  This Division applies in the following circumstances:

(a) if the rate at which water is taken from a watercourse, lake, groundwater area or well –

(i) is such that the quantity of water available can no longer meet the demand or there is a risk that the available water will not be sufficient to meet future demand; or

(ii) is adversely affecting, or is likely to adversely affect, the quality of the water in the watercourse, lake, groundwater area or well; or

(iii) is having a serious effect on another watercourse, lake or groundwater area that depends on water from the first-mentioned watercourse, lake or groundwater area for replenishment;

(b) if the rate at which water is taken from a well or groundwater area is such that an underground aquifer is likely to collapse or suffer any other damage;

(c) [Section 91 Subsection (1) amended by No. 49 of 2002, s. 17, Applied:01 Mar 2003] if the rate at which dispersed surface water is taken –

(i) [Section 91 Subsection (1) amended by No. 49 of 2002, s. 17, Applied:01 Mar 2003] is such that the dispersed surface water available can no longer meet the demand; or

(ii) [Section 91 Subsection (1) amended by No. 49 of 2002, s. 17, Applied:01 Mar 2003] is having a serious effect on a watercourse or lake, or the level of water in an underground aquifer, that depends on the dispersed surface water for replenishment;

(d) if the rate at which, or the manner in which, water is taken from a water resource is causing, or is likely to cause, damage to ecosystems that depend on water from the water resource.

(2)  In determining the demands on available water for the purposes of subsection (1) , the need for water on the part of the ecosystems that depend on water from the water resource concerned must be taken into account.