sec.88Nominal entitlement for water licence

sec.88 Nominal entitlement for water licence

The nominal entitlement for an amended water licence is to be— for an amended water licence that, before the amendment, stated the volume, or an equivalent volume, of water that may be taken in a 12-month period—the stated volume; or for an amended water licence that, before the amendment, stated an area that may be irrigated but did not state an equivalent volume that may be irrigated— the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, 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 subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following— the volume required for the licence’s intended purpose; the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in sub-subparagraph (B); or for an amended water licence to which paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the licence before its amendment under section 217 of the Act ; the water-taking capacity of any works for taking water under the licence; the volume required for the licence’s intended purpose; the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iv) .

• (a) for an amended water licence that, before the amendment, stated the volume, or an equivalent volume, of water that may be taken in a 12-month period—the stated volume; or
• (b) for an amended water licence that, before the amendment, stated an area that may be irrigated but did not state an equivalent volume that may be irrigated— (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or