sec.29Additional criteria for deciding applications about surface water if works existed on 14 December 2000— Act , s 210 (1) (c)

sec.29 Additional criteria for deciding applications about surface water if works existed on 14 December 2000— Act , s 210 (1) (c)

This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates. If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) . Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’. (sec.29-ssec.1) This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates. (sec.29-ssec.2) If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) . (sec.29-ssec.3) Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’.