88Ministerial exemptions from mandatory floodplain harvesting condition

88 Ministerial exemptions from mandatory floodplain harvesting condition

88 Ministerial exemptions from mandatory floodplain harvesting condition

(1) For the Act, sections 101A(3)(b) and 400(2), the Minister may exempt an approval holder, or a class of approval holders, from the application of the mandatory floodplain harvesting condition in relation to a work under the approval.

(2) The Minister may grant an exemption—

(a) at the Minister’s discretion for a holder or class of holders, or

(b) on application, in the approved form, for a holder.

(3) The Minister must not grant the exemption unless the Minister is satisfied of one of the following—

(a) it is not possible for water taken or stored using the approved work to be measured by—

(i) point-of-intake metering equipment, or

(ii) storage metering equipment,

(b) the work is not constructed,

(c) the work is decommissioned,

(d) the work is used solely for taking water in accordance with the holder’s basic landholder rights,

(e) the work does not take water from a water source,

(f) the approval holder has declared the work does not and will not take water from a water source.

(4) An exemption may be granted unconditionally or subject to conditions.

(5) The Minister may revoke or amend an exemption—

(a) for an approval holder by written notice to the approval holder, or

(b) at anytime for a class of holders.

(6) The Minister must publish on the Department’s website—

(a) an exemption that applies to a class of holders, and

(b) the amendment or revocation of the exemption.