sec.52Restrictions on taking water from waterholes or lakes

sec.52 Restrictions on taking water from waterholes or lakes

This section applies to the chief executive in making a decision about— a water licence, other than a decision about the following— amalgamating, under section 224 of the Act , 2 or more water licences; subdividing, under section 225 of the Act , a water licence; replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence. If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows for the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows However, the chief executive need not impose a condition mentioned in subsection (2) (b) if satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement— the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation. (sec.52-ssec.1) This section applies to the chief executive in making a decision about— a water licence, other than a decision about the following— amalgamating, under section 224 of the Act , 2 or more water licences; subdividing, under section 225 of the Act , a water licence; replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence. (sec.52-ssec.2) If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows for the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows (sec.52-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement— the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.