sec.20Restriction on taking water from waterholes or lakes

sec.20 Restriction on taking water from waterholes or lakes

The chief executive may grant a water licence, water permit or water allocation, or change the location from which water may be taken under a water allocation, to take water from a waterhole or lake only if— the chief executive imposes a condition on the licence, permit or allocation about maintaining the cultural or environmental values of the waterhole or lake; or the chief executive is satisfied the taking of the water will not adversely affect the cultural or environmental values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.1m below the level at which the waterhole or lake naturally overflows Subsection (1) does not apply to the grant of— a water licence, water permit or water allocation to replace an authorisation in force immediately before the commencement of this plan; or a water allocation converted from an authorisation in force immediately before the commencement. In making a decision under subsection (1) , the chief executive must consider— the impact the proposed taking of the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values including, for example, the cultural values of the traditional owners of the area to which the application relates; and whether the proposed taking is likely to have a direct adverse effect on groundwater flows. Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake. Subsection (3) does not limit the matters the chief executive may consider. (sec.20-ssec.1) The chief executive may grant a water licence, water permit or water allocation, or change the location from which water may be taken under a water allocation, to take water from a waterhole or lake only if— the chief executive imposes a condition on the licence, permit or allocation about maintaining the cultural or environmental values of the waterhole or lake; or the chief executive is satisfied the taking of the water will not adversely affect the cultural or environmental values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.1m below the level at which the waterhole or lake naturally overflows (sec.20-ssec.2) Subsection (1) does not apply to the grant of— a water licence, water permit or water allocation to replace an authorisation in force immediately before the commencement of this plan; or a water allocation converted from an authorisation in force immediately before the commencement. (sec.20-ssec.3) In making a decision under subsection (1) , the chief executive must consider— the impact the proposed taking of the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values including, for example, the cultural values of the traditional owners of the area to which the application relates; and whether the proposed taking is likely to have a direct adverse effect on groundwater flows. (sec.20-ssec.4) Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake. (sec.20-ssec.5) Subsection (3) does not limit the matters the chief executive may consider.