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Water Plan (Border Rivers and Moonie) 2019
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Turn the raw legal text into a practical explanation grounded in Water Plan (Border Rivers and Moonie) 2019.
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 the application is an application mentioned in section 130 (1) (a) of the Act . 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 made by a local government to allow for increased interference with the flow of water to which this plan applies; and the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . See section 130 of the Act for how an application mentioned in this subsection must be assessed. Also, subsection (1) does not apply if the application is— an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or an application to amalgamate water licences to take underground water. If the chief executive grants an application to which subsection (2) applies, the water licence to which the dealing relates must include the conditions stated in the water management protocol for the licence. In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (b) — to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken. s 47 amd 2023 Act No. 24 s 75 s ch 1 pt 1 (sec.47-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 the application is an application mentioned in section 130 (1) (a) of the Act . 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.47-ssec.2) However, subsection (1) does not apply to the application if— the application is made by a local government to allow for increased interference with the flow of water to which this plan applies; and the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . See section 130 of the Act for how an application mentioned in this subsection must be assessed. (sec.47-ssec.3) Also, subsection (1) does not apply if the application is— an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or an application to amalgamate water licences to take underground water. (sec.47-ssec.4) If the chief executive grants an application to which subsection (2) applies, the water licence to which the dealing relates must include the conditions stated in the water management protocol for the licence. (sec.47-ssec.5) In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (b) — to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken.