sec.87Maximum rates for water licence

sec.87 Maximum rates for water licence

The maximum rate at which unsupplemented water may be taken under an amended water licence must be— for an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or for an amended water licence that, before the amendment, did not state a maximum rate but for which 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 for an amended water licence that, before the amendment, did not state a maximum rate but for which 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 for an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being amended; and an estimate or measurement of the rate at which water has been taken under the licence before the amendment. However, for subsection (1) (b) or (c) , if the 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.87-ssec.1) The maximum rate at which unsupplemented water may be taken under an amended water licence must be— for an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or for an amended water licence that, before the amendment, did not state a maximum rate but for which 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 for an amended water licence that, before the amendment, did not state a maximum rate but for which 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 for an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being amended; and an estimate or measurement of the rate at which water has been taken under the licence before the amendment. (sec.87-ssec.2) However, for subsection (1) (b) or (c) , if the 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.