Water Plan (Burnett Basin) 2014
sch.9-sec.52Taking water during critical water shortage
Start here
Get a plain-English read of sch.9-sec.52
Turn the raw legal text into a practical explanation grounded in Water Plan (Burnett Basin) 2014.
sch.9-sec.52 Taking water during critical water shortage
This section applies to the holder of a medium priority water allocation in a relevant subscheme if— the ROL holder— can not supply water under the water allocation; and gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or the announced allocation percentage for the medium priority water allocations in the relevant subscheme for a water year is zero. The water allocation holder may take water from either or both of the following— a waterhole in the water supply scheme; an aquifer under a watercourse mentioned in the Water Regulation 2016 , section 129 that is in the plan area. However, the authorisation to take water under subsection (2) in a water year ends when the combined volume of water taken by the water allocation holder since the start of the water year equals the nominal volume for the water allocation. In this section— combined volume of water taken , for a water allocation holder, means the total of— the volume of water taken by the water allocation holder under subsection (2) ; and the volume of water taken by the water allocation holder under section 53 that relates to the volume of water calculated under section 53 (3) (a) (i) . s 52 amd 2016 SL No. 216 s 146 sch 20 (sch.9-sec.52-ssec.1) This section applies to the holder of a medium priority water allocation in a relevant subscheme if— the ROL holder— can not supply water under the water allocation; and gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or the announced allocation percentage for the medium priority water allocations in the relevant subscheme for a water year is zero. (sch.9-sec.52-ssec.2) The water allocation holder may take water from either or both of the following— a waterhole in the water supply scheme; an aquifer under a watercourse mentioned in the Water Regulation 2016 , section 129 that is in the plan area. (sch.9-sec.52-ssec.3) However, the authorisation to take water under subsection (2) in a water year ends when the combined volume of water taken by the water allocation holder since the start of the water year equals the nominal volume for the water allocation. (sch.9-sec.52-ssec.4) In this section— combined volume of water taken , for a water allocation holder, means the total of— the volume of water taken by the water allocation holder under subsection (2) ; and the volume of water taken by the water allocation holder under section 53 that relates to the volume of water calculated under section 53 (3) (a) (i) . s 52 amd 2016 SL No. 216 s 146 sch 20
- (a) the ROL holder— (i) can not supply water under the water allocation; and (ii) gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or