Water Plan (Burdekin Basin) 2007
sec.74Maximum rates for water licences to take unsupplemented water
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sec.74 Maximum rates for water licences to take unsupplemented water
The maximum rate for a water licence to take unsupplemented water is— if the licence states the volume of water that may be taken in a day—the stated volume; or if the licence does not state a volume but the works for taking water under the licence include a pump— for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or otherwise—the maximum rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the maximum rate at which water can be taken under the licence. However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the licence; the water taking capacity of any works for taking water under the licence; the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) . Also, if the water licence states a per-second rate, the chief executive must ensure the maximum rate for the licence is not more than the total volume that could be taken in a day at the per-second rate. s 74 sub 2014 SL No. 142 s 48 ; 2017 SL No. 7 s 28 amd 2019 SL No. 120 s 38 (sec.74-ssec.1) The maximum rate for a water licence to take unsupplemented water is— if the licence states the volume of water that may be taken in a day—the stated volume; or if the licence does not state a volume but the works for taking water under the licence include a pump— for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or otherwise—the maximum rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the maximum rate at which water can be taken under the licence. (sec.74-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the licence; the water taking capacity of any works for taking water under the licence; the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) . (sec.74-ssec.3) Also, if the water licence states a per-second rate, the chief executive must ensure the maximum rate for the licence is not more than the total volume that could be taken in a day at the per-second rate.