8Water sharing planning provisions—withdrawal of water allocations from accounts

8 Water sharing planning provisions—withdrawal of water allocations from accounts

8 Water sharing planning provisions—withdrawal of water allocations from accounts

(1) For the Act, section 21(c), the water sharing planning provisions of a management plan may deal with the withdrawal of water from a water allocation account in the following circumstances—

(a) if 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 the water is delivered, whether by evaporation, leakage or otherwise,

(b) if the balance 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,

(c) for a water allocation account of a relevant licence—if the amount of uncontrolled flow taken under a relevant licence is more than the amount that is allowed to be taken—

(i) under the licence, or

(ii) under the order made under the Act, section 85A that authorises the taking of the uncontrolled flow,

(d) for a water allocation account of a relevant licence—if during a water year, one or more available water determinations to credit the account are made when water is taken, or has been taken, under an order made under the Act, section 85A to authorise the taking of water from uncontrolled flows in the water year, but only if—

(i) the withdrawals occur in the year the water is taken, and

(ii) the total amount withdrawn is not more than the lesser of—

(A) the total amount of uncontrolled water taken in the year under the order, or

(B) the total amount credited to the account in the year in accordance with one or more available water determinations made during or after water has been taken by the licence holder under the order.

(2) In this section—

relevant dam means the dam from which water is released for delivery to the holder of an access licence.

relevant licence means—

(a) a regulated river (general security) access licence, or

(b) a regulated river (high security) access licence.