sec.78Maximum rate for taking water

sec.78 Maximum rate for taking water

The maximum rate for the converted water allocation must be— if the existing authorisation stated a maximum rate at which water was able to be taken under the existing authorisation—based on that maximum rate; or if a development permit for the existing authorisation stated 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 another stated pump size—based on the pump size; or otherwise—decided by the chief executive. See also the Water Regulation 2016 , sections 50 to 52 . However, if subsection (1) (a) and (b) both apply in relation to the converted water allocation, the maximum rate for the converted water allocation must be based on the matter mentioned in subsection (1) (a) or (b) that results in the lesser maximum rate. For the Water Regulation 2016 , section 51 (2) , the maximum rate is to be in megalitres per day. For the Water Regulation 2016 , section 52 (2) (c) , the other criteria are— the terms or conditions under which water was able to be taken under the existing authorisation; and a condition of any other water entitlement, or any other authorisation, that limited the total rate for taking water under the existing authorisation. (sec.78-ssec.1) The maximum rate for the converted water allocation must be— if the existing authorisation stated a maximum rate at which water was able to be taken under the existing authorisation—based on that maximum rate; or if a development permit for the existing authorisation stated 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 another stated pump size—based on the pump size; or otherwise—decided by the chief executive. See also the Water Regulation 2016 , sections 50 to 52 . (sec.78-ssec.2) However, if subsection (1) (a) and (b) both apply in relation to the converted water allocation, the maximum rate for the converted water allocation must be based on the matter mentioned in subsection (1) (a) or (b) that results in the lesser maximum rate. (sec.78-ssec.3) For the Water Regulation 2016 , section 51 (2) , the maximum rate is to be in megalitres per day. (sec.78-ssec.4) For the Water Regulation 2016 , section 52 (2) (c) , the other criteria are— the terms or conditions under which water was able to be taken under the existing authorisation; and a condition of any other water entitlement, or any other authorisation, that limited the total rate for taking water under the existing authorisation.

• (a) if the existing authorisation stated a maximum rate at which water was able to be taken under the existing authorisation—based on that maximum rate; or
• (b) if a development permit for the existing authorisation stated 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 another stated pump size—based on the pump size; or