sec.54Process for allocation of overland flow water— Act , s 116

sec.54 Process for allocation of overland flow water— Act , s 116

This section states, for section 116 (1) of the Act , a process for the allocation of overland flow water to which this plan applies under a water licence. See section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . A water licence to take the water using existing overland flow works may be granted to the owner of the land on which the works are situated. Without limiting subsection (2) , a water licence to take the water using existing overland flow works must be granted to the owner of the land on which the works are situated if— the works are notified existing overland flow works; and the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works. The chief executive must, before granting the water licence under subsection (2) or (3) — give the owner a notice— identifying the works for which a water licence is proposed to be granted; and stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive. (sec.54-ssec.1) This section states, for section 116 (1) of the Act , a process for the allocation of overland flow water to which this plan applies under a water licence. See section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . (sec.54-ssec.2) A water licence to take the water using existing overland flow works may be granted to the owner of the land on which the works are situated. (sec.54-ssec.3) Without limiting subsection (2) , a water licence to take the water using existing overland flow works must be granted to the owner of the land on which the works are situated if— the works are notified existing overland flow works; and the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works. (sec.54-ssec.4) The chief executive must, before granting the water licence under subsection (2) or (3) — give the owner a notice— identifying the works for which a water licence is proposed to be granted; and stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive.