Water Plan (Border Rivers and Moonie) 2019
sec.35Decisions must not increase amount of water taken
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sec.35 Decisions must not increase amount of water taken
A decision must not increase— the average volume of surface water or underground water that may be taken under this plan; or the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply. Subsection (1) does not apply to a decision about— the reinstatement of a water licence; or taking unallocated water reserved under this plan; or See section 43 for unallocated water reserved under this plan. taking or interfering with underground water to which this plan applies that is not in an underground water unit. (sec.35-ssec.1) A decision must not increase— the average volume of surface water or underground water that may be taken under this plan; or the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply. (sec.35-ssec.2) Subsection (1) does not apply to a decision about— the reinstatement of a water licence; or taking unallocated water reserved under this plan; or See section 43 for unallocated water reserved under this plan. taking or interfering with underground water to which this plan applies that is not in an underground water unit.
- (a) the average volume of surface water or underground water that may be taken under this plan; or
- (b) the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply.
- (a) the reinstatement of a water licence; or
- (b) taking unallocated water reserved under this plan; or Note— See section 43 for unallocated water reserved under this plan.
- (c) taking or interfering with underground water to which this plan applies that is not in an underground water unit.