Water Plan (Barron) 2023
sec.48Particular applications for dealings with water licences inconsistent with this plan
Start here
Get a plain-English read of sec.48
Turn the raw legal text into a practical explanation grounded in Water Plan (Barron) 2023.
sec.48 Particular applications for dealings with water licences inconsistent with this plan
The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to water to which this plan applies is inconsistent with this plan if, under section 130 of the Act , the application must be assessed as if it were an application for a new water licence. See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan. However, subsection (1) does not apply to the application if— the application is to change the daily volumetric limit of the water licence; and the change will not result in a volume that is greater than the daily volumetric limit stated in schedule 6 , having regard to the pump size stated on the related development permit for the licence; and the chief executive is satisfied that the change will not have a significant adverse effect on the availability of water for existing water holders in the subcatchment area in which the water is taken. In this section— related development permit , for a water licence, means the development permit for the works for taking water under the licence. (sec.48-ssec.1) The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to water to which this plan applies is inconsistent with this plan if, under section 130 of the Act , the application must be assessed as if it were an application for a new water licence. See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan. (sec.48-ssec.2) However, subsection (1) does not apply to the application if— the application is to change the daily volumetric limit of the water licence; and the change will not result in a volume that is greater than the daily volumetric limit stated in schedule 6 , having regard to the pump size stated on the related development permit for the licence; and the chief executive is satisfied that the change will not have a significant adverse effect on the availability of water for existing water holders in the subcatchment area in which the water is taken. (sec.48-ssec.3) In this section— related development permit , for a water licence, means the development permit for the works for taking water under the licence.
- (a) the application is to change the daily volumetric limit of the water licence; and
- (b) the change will not result in a volume that is greater than the daily volumetric limit stated in schedule 6 , having regard to the pump size stated on the related development permit for the licence; and
- (c) the chief executive is satisfied that the change will not have a significant adverse effect on the availability of water for existing water holders in the subcatchment area in which the water is taken.