Water Plan (Border Rivers and Moonie) 2019
sec.66Water licences authorising the taking of water in Glen Niven tributaries zone
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sec.66 Water licences authorising the taking of water in Glen Niven tributaries zone
A water licence authorising the taking of water in the Glen Niven tributaries zone is inconsistent with this plan unless— the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and the water licence states the maximum rate at which water may be taken under the water licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. The Glen Niven tributaries zone is a water management area zone. If the water licence is amended to state a maximum rate at which water may be taken under the water licence, the maximum rate must be— if a development permit that relates to the water licence 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 otherwise—the rate decided by the chief executive having regard to— the purpose stated in the water licence; and the rate at which the chief executive estimates water is able to be taken under the water licence. (sec.66-ssec.1) A water licence authorising the taking of water in the Glen Niven tributaries zone is inconsistent with this plan unless— the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and the water licence states the maximum rate at which water may be taken under the water licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. The Glen Niven tributaries zone is a water management area zone. (sec.66-ssec.2) If the water licence is amended to state a maximum rate at which water may be taken under the water licence, the maximum rate must be— if a development permit that relates to the water licence 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 otherwise—the rate decided by the chief executive having regard to— the purpose stated in the water licence; and the rate at which the chief executive estimates water is able to be taken under the water licence.