sec.80Maximum rate for taking water

sec.80 Maximum rate for taking water

The maximum rate at which water may be taken under the water allocation is to be— if the water licence from which the allocation is being converted states a maximum rate—the stated rate; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or if paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being converted; and an estimate or measurement of the rate at which water can be taken under the water licence before the conversion. However, for subsection (1) (b) or (c) , if the water licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system. (sec.80-ssec.1) The maximum rate at which water may be taken under the water allocation is to be— if the water licence from which the allocation is being converted states a maximum rate—the stated rate; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or if paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being converted; and an estimate or measurement of the rate at which water can be taken under the water licence before the conversion. (sec.80-ssec.2) However, for subsection (1) (b) or (c) , if the water licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system.