Water Plan (Baffle Creek Basin) 2010
sec.31Pass flow conditions for taking unallocated water
Start here
Get a plain-English read of sec.31
Turn the raw legal text into a practical explanation grounded in Water Plan (Baffle Creek Basin) 2010.
sec.31 Pass flow conditions for taking unallocated water
Water licences to take water from a watercourse granted from the strategic or general reserve must include a pass flow condition. In deciding the pass flow condition, the chief executive must consider— existing downstream entitlement holders; and the daily volumetric limit to be stated on the licence. The pass flow condition must be at least— for the Baffle Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561; 86.4ML a day; or for the Littabella Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1; 43ML a day; or for the Broadwater Creek, Eurimbula Creek or Worthington Creek catchment area—86.4ML a day. This section does not apply to a water licence to take water from an impoundment. In this section— pass flow condition means a condition on a water licence to take water that states the rate of flow in a watercourse that must, while water is being taken under the licence, be passing immediately downstream of the point on the watercourse at which water is taken under the licence. (sec.31-ssec.1) Water licences to take water from a watercourse granted from the strategic or general reserve must include a pass flow condition. (sec.31-ssec.2) In deciding the pass flow condition, the chief executive must consider— existing downstream entitlement holders; and the daily volumetric limit to be stated on the licence. (sec.31-ssec.3) The pass flow condition must be at least— for the Baffle Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561; 86.4ML a day; or for the Littabella Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1; 43ML a day; or for the Broadwater Creek, Eurimbula Creek or Worthington Creek catchment area—86.4ML a day. (sec.31-ssec.4) This section does not apply to a water licence to take water from an impoundment. (sec.31-ssec.5) In this section— pass flow condition means a condition on a water licence to take water that states the rate of flow in a watercourse that must, while water is being taken under the licence, be passing immediately downstream of the point on the watercourse at which water is taken under the licence.
- (a) existing downstream entitlement holders; and
- (b) the daily volumetric limit to be stated on the licence.