sec.34Limitations on interference with water

sec.34 Limitations on interference with water

The application may be granted only if the purpose of the interference or increase is— to store water to be taken under an authorisation for stock or domestic purposes; or to store water to be taken under an authorisation for the purpose of town water supply; or to provide a pumping pool. However, the application is not to be granted if— the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or the works are to be located on a watercourse mentioned in schedule 4 . Subsection (2) (c) does not apply to an application for an interference by impounding water for the purpose of accessing water under a water entitlement with its purpose stated as town water supply. In deciding the application, the chief executive must consider— for impounding water to allow the taking of water under a water authorisation— existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and the availability of water at the proposed site; and the impact the proposed interference or increase in interference may have on the following— in-stream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs. Subsections (2) and (4) do not apply if the application is for an in-stream water storage development in existence immediately before 1 May 1998. s 34 amd 2016 SL No. 216 s 146 sch 20 (sec.34-ssec.1) The application may be granted only if the purpose of the interference or increase is— to store water to be taken under an authorisation for stock or domestic purposes; or to store water to be taken under an authorisation for the purpose of town water supply; or to provide a pumping pool. (sec.34-ssec.2) However, the application is not to be granted if— the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or the works are to be located on a watercourse mentioned in schedule 4 . (sec.34-ssec.3) Subsection (2) (c) does not apply to an application for an interference by impounding water for the purpose of accessing water under a water entitlement with its purpose stated as town water supply. (sec.34-ssec.4) In deciding the application, the chief executive must consider— for impounding water to allow the taking of water under a water authorisation— existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and the availability of water at the proposed site; and the impact the proposed interference or increase in interference may have on the following— in-stream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs. (sec.34-ssec.5) Subsections (2) and (4) do not apply if the application is for an in-stream water storage development in existence immediately before 1 May 1998.