This section applies for working out, for section 52 (a) (ii) , the maximum rate at which impounded water may be taken under the ancillary water licence.
The maximum rate is—
subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or
subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size—
for a stated pump size of 32mm—0.5ML a day; or
for a stated pump size of 125mm—7.3ML a day; or
for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
otherwise—the rate decided by the chief executive having regard to—
the rates stated in subparagraphs (i) and (ii) ; and
the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
if paragraphs (a) and (b) both apply—the lesser of the following rates—
the rate decided under paragraph (a) ;
the rate decided under paragraph (b) ; or
otherwise—the rate worked out by the chief executive having regard to—
the purpose stated in any existing authorisation that was previously held by the licensee; and
the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .
(sec.53-ssec.1) This section applies for working out, for section 52 (a) (ii) , the maximum rate at which impounded water may be taken under the ancillary water licence.
(sec.53-ssec.2) The maximum rate is— subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or if paragraphs (a) and (b) both apply—the lesser of the following rates— the rate decided under paragraph (a) ; the rate decided under paragraph (b) ; or otherwise—the rate worked out by the chief executive having regard to— the purpose stated in any existing authorisation that was previously held by the licensee; and the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .
(a) subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or
(b) subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— (i) for a stated pump size of 32mm—0.5ML a day; or (ii) for a stated pump size of 125mm—7.3ML a day; or (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
(i) for a stated pump size of 32mm—0.5ML a day; or
(ii) for a stated pump size of 125mm—7.3ML a day; or
(iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
(iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
(A) the rates stated in subparagraphs (i) and (ii) ; and
(B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
(c) if paragraphs (a) and (b) both apply—the lesser of the following rates— (i) the rate decided under paragraph (a) ; (ii) the rate decided under paragraph (b) ; or
(i) the rate decided under paragraph (a) ;
(ii) the rate decided under paragraph (b) ; or
(d) otherwise—the rate worked out by the chief executive having regard to— (i) the purpose stated in any existing authorisation that was previously held by the licensee; and (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .
(i) the purpose stated in any existing authorisation that was previously held by the licensee; and
(ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .
(i) for a stated pump size of 32mm—0.5ML a day; or
(ii) for a stated pump size of 125mm—7.3ML a day; or
(iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
(iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
(A) the rates stated in subparagraphs (i) and (ii) ; and
(B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
(A) the rates stated in subparagraphs (i) and (ii) ; and
(B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
(i) the rate decided under paragraph (a) ;
(ii) the rate decided under paragraph (b) ; or
(i) the purpose stated in any existing authorisation that was previously held by the licensee; and
(ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .