sec.45Maximum rates for taking unsupplemented water

sec.45 Maximum rates for taking unsupplemented water

The maximum rate at which unsupplemented water may be taken under a water allocation is— if the authorisation states a maximum rate—the stated rate; and if the authorisation does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 9 , column 1— if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to— the conditions under which water may be taken under the authorisation; and the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or otherwise—the rate stated in schedule 9 , column 2, for the pump size; and if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 9 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to— the nature of the authorisation; and an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.

• (a) if the authorisation states a maximum rate—the stated rate; and
• (b) if the authorisation does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 9 , column 1— (i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken under the authorisation; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or (ii) otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
• (i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken under the authorisation; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or