Water Plan (Cape York) 2019
sec.48Applications for dealings with water licences inconsistent with this plan— Act , s 129
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sec.48 Applications for dealings with water licences inconsistent with this plan— Act , s 129
This section applies for an application for a dealing with a water licence, other than— an application for a dealing that— relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and is permitted under the water management protocol; or an application the chief executive is permitted to grant under section 47 . Granting the application would be inconsistent with this plan if granting the application would— increase the amount of water that may be taken under the licence; or increase the rate at which water may be taken under the licence; or change the location of taking or interfering with water under the licence; or increase or change the interference with water under the licence. See section 129 of the Act for the actions the chief executive must take in relation to an application for a dealing with a water licence, including refusing the application, if granting the application would be inconsistent with a water plan. (sec.48-ssec.1) This section applies for an application for a dealing with a water licence, other than— an application for a dealing that— relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and is permitted under the water management protocol; or an application the chief executive is permitted to grant under section 47 . (sec.48-ssec.2) Granting the application would be inconsistent with this plan if granting the application would— increase the amount of water that may be taken under the licence; or increase the rate at which water may be taken under the licence; or change the location of taking or interfering with water under the licence; or increase or change the interference with water under the licence. See section 129 of the Act for the actions the chief executive must take in relation to an application for a dealing with a water licence, including refusing the application, if granting the application would be inconsistent with a water plan.
- (a) an application for a dealing that— (i) relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and (ii) is permitted under the water management protocol; or
- (i) relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and
- (ii) is permitted under the water management protocol; or
- (b) an application the chief executive is permitted to grant under section 47 .
- (i) relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and
- (ii) is permitted under the water management protocol; or
- (a) increase the amount of water that may be taken under the licence; or