sec.26Accepting and deciding particular applications for water licences

sec.26 Accepting and deciding particular applications for water licences

This section applies to the chief executive in making a decision about an application for a water licence to interfere with, or increase the interference with, surface water by impounding the flow of the water. The chief executive may accept and decide the application if the purpose of the proposed interference or increase in interference is only— to store water for stock purposes or domestic purposes; or to provide a pumping pool to enable water to be taken under an existing authorisation; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs; and for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site. However, the chief executive must not approve an application for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for an application for a purpose mentioned in subsection (2) (b) —10ML; or for an application for a purpose mentioned in subsection (2) (c) —250ML. This section does not apply to an application about unallocated water. In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly. s 26 amd 2019 SL No. 120 s 13 (sec.26-ssec.1) This section applies to the chief executive in making a decision about an application for a water licence to interfere with, or increase the interference with, surface water by impounding the flow of the water. (sec.26-ssec.2) The chief executive may accept and decide the application if the purpose of the proposed interference or increase in interference is only— to store water for stock purposes or domestic purposes; or to provide a pumping pool to enable water to be taken under an existing authorisation; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes (sec.26-ssec.3) The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs; and for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site. (sec.26-ssec.4) However, the chief executive must not approve an application for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for an application for a purpose mentioned in subsection (2) (b) —10ML; or for an application for a purpose mentioned in subsection (2) (c) —250ML. (sec.26-ssec.5) This section does not apply to an application about unallocated water. (sec.26-ssec.6) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.