sec.43Limitations on interference with water

sec.43 Limitations on interference with water

This section applies to an application, made under section 206 of the Act , for a water licence to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water. The application may be granted only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation; or to store water for a purpose not related to the taking of water under a water entitlement; or community landscaping or retaining water for flood mitigation purposes related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; or to provide improved security for town water supplies. Also, the application may be granted only if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site; and for a purpose mentioned in subsection (2) (e) — the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and there is a demonstrated need for an increased reliability of the water supply. However, the application must not be granted if the application is for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) and the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML. If the application is for a Flinders River or Gilbert River catchment area general reserve related water licence and the application is granted, the water licence must include at least 1 pass flow condition. In this section— Flinders River or Gilbert River catchment area general reserve related water licence means a water licence to interfere with water that is related to a water entitlement to take unallocated water from the general reserve in the Flinders River or Gilbert River catchment areas. pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly. s 43 amd 2015 SL No. 99 s 21 ; 2016 SL No. 216 s 146 sch 20 (sec.43-ssec.1) This section applies to an application, made under section 206 of the Act , for a water licence to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water. (sec.43-ssec.2) The application may be granted only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation; or to store water for a purpose not related to the taking of water under a water entitlement; or community landscaping or retaining water for flood mitigation purposes related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; or to provide improved security for town water supplies. (sec.43-ssec.3) Also, the application may be granted only if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site; and for a purpose mentioned in subsection (2) (e) — the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and there is a demonstrated need for an increased reliability of the water supply. (sec.43-ssec.4) However, the application must not be granted if the application is for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) and the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML. (sec.43-ssec.5) If the application is for a Flinders River or Gilbert River catchment area general reserve related water licence and the application is granted, the water licence must include at least 1 pass flow condition. (sec.43-ssec.6) In this section— Flinders River or Gilbert River catchment area general reserve related water licence means a water licence to interfere with water that is related to a water entitlement to take unallocated water from the general reserve in the Flinders River or Gilbert River catchment areas. pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.