Water Plan (Fitzroy Basin) 2011
sec.112Process for granting water licences— Act , s 116
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sec.112 Process for granting water licences— Act , s 116
This section applies if the water management protocol states a process for granting a licence to take overland flow water. For section 116 of the Act , under the process, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and may consider the extent to which the works, immediately before the commencement of this plan, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. Subsection (2) does not limit the matters the chief executive may consider. The process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water. In this section— registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 . s 112 amd 2021 SL No. 71 s 34 (sec.112-ssec.1) This section applies if the water management protocol states a process for granting a licence to take overland flow water. (sec.112-ssec.2) For section 116 of the Act , under the process, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and may consider the extent to which the works, immediately before the commencement of this plan, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. (sec.112-ssec.3) Subsection (2) does not limit the matters the chief executive may consider. (sec.112-ssec.4) The process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water. (sec.112-ssec.5) In this section— registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .
- (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and