sec.34Particular applications to interfere with flow of surface water

sec.34 Particular applications to interfere with flow of surface water

This section applies in relation to an application for a water licence to interfere with the flow of surface water to which this plan applies. The chief executive may accept the application if— the applicant is a constructing authority and the purpose of the proposed interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or the applicant is a water service provider or a proponent of a relevant project, and the purpose of the proposed interference is to enable the applicant to lawfully— construct or maintain infrastructure to improve security for town water supplies in the plan area; or divert surface water required for storing and generating energy in the plan area; or if the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area. The chief executive may also accept the application if— the water the subject of the application was being interfered with immediately before the commencement; and the interference has been continuous from immediately before the commencement; and the interference is not authorised under a water licence to interfere with the flow of surface water to which this plan applies. In this section— proponent , of a relevant project, means the person who proposes the project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project. relevant project means— a coordinated project; or a project of regional significance. (sec.34-ssec.1) This section applies in relation to an application for a water licence to interfere with the flow of surface water to which this plan applies. (sec.34-ssec.2) The chief executive may accept the application if— the applicant is a constructing authority and the purpose of the proposed interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or the applicant is a water service provider or a proponent of a relevant project, and the purpose of the proposed interference is to enable the applicant to lawfully— construct or maintain infrastructure to improve security for town water supplies in the plan area; or divert surface water required for storing and generating energy in the plan area; or if the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area. (sec.34-ssec.3) The chief executive may also accept the application if— the water the subject of the application was being interfered with immediately before the commencement; and the interference has been continuous from immediately before the commencement; and the interference is not authorised under a water licence to interfere with the flow of surface water to which this plan applies. (sec.34-ssec.4) In this section— proponent , of a relevant project, means the person who proposes the project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project. relevant project means— a coordinated project; or a project of regional significance.