sec.59Nominal entitlement for relevant water licences

sec.59 Nominal entitlement for relevant water licences

If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for a relevant water licence to be amended to state a nominal entitlement, the licence is inconsistent with this plan unless the licence states the nominal entitlement. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. In deciding the nominal entitlement for a relevant water licence to be stated in a water entitlement notice mentioned in subsection (1) , the chief executive— must have regard to— the sustainable diversion limit for the Upper Condamine Alluvium (Central Condamine Alluvium) underground water unit; and the extent to which the licensee for the relevant water licence has taken part in the Commonwealth water use program in relation to the licence before the licence is amended in the way mentioned in subsection (1) ; and must ensure— the total volume of the nominal entitlements for all water licences to take underground water from the Upper Condamine Alluvium (Central Condamine Alluvium) underground water unit, other than licences held by CEWH, is not greater than 46,221ML; and the volume is expressed in the relevant water licence in whole megalitres; and the nominal entitlement would not be less than 5ML. In this section— Commonwealth water use program means the Sustainable Rural Water Use and Infrastructure Program. Information about the Sustainable Rural Water Use and Infrastructure Program is available on the Commonwealth Department of Agriculture and Water Resources’ website. (sec.59-ssec.1) If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for a relevant water licence to be amended to state a nominal entitlement, the licence is inconsistent with this plan unless the licence states the nominal entitlement. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. (sec.59-ssec.2) In deciding the nominal entitlement for a relevant water licence to be stated in a water entitlement notice mentioned in subsection (1) , the chief executive— must have regard to— the sustainable diversion limit for the Upper Condamine Alluvium (Central Condamine Alluvium) underground water unit; and the extent to which the licensee for the relevant water licence has taken part in the Commonwealth water use program in relation to the licence before the licence is amended in the way mentioned in subsection (1) ; and must ensure— the total volume of the nominal entitlements for all water licences to take underground water from the Upper Condamine Alluvium (Central Condamine Alluvium) underground water unit, other than licences held by CEWH, is not greater than 46,221ML; and the volume is expressed in the relevant water licence in whole megalitres; and the nominal entitlement would not be less than 5ML. (sec.59-ssec.3) In this section— Commonwealth water use program means the Sustainable Rural Water Use and Infrastructure Program. Information about the Sustainable Rural Water Use and Infrastructure Program is available on the Commonwealth Department of Agriculture and Water Resources’ website.