sec.38Water licences to interfere with water to improve security for town water supply

sec.38 Water licences to interfere with water to improve security for town water supply

This section applies in relation to an application for a water licence, other than an application mentioned in section 34 (3) , to interfere with the flow of surface water to which this plan applies if— the applicant is a water service provider; 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. In deciding the application, the chief executive must consider the impact the proposed interference may have on the following matters— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; existing water entitlements and other authorisations; recreational or social use and aesthetic enjoyment; cultural values, including, for example, cultural values of the traditional owners of the plan area. The chief executive may grant the application if— the chief executive is satisfied, after considering the impact mentioned in subsection (2) , that appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and the chief executive is satisfied there is a need for an increased reliability of the water supply. (sec.38-ssec.1) This section applies in relation to an application for a water licence, other than an application mentioned in section 34 (3) , to interfere with the flow of surface water to which this plan applies if— the applicant is a water service provider; 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. (sec.38-ssec.2) In deciding the application, the chief executive must consider the impact the proposed interference may have on the following matters— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; existing water entitlements and other authorisations; recreational or social use and aesthetic enjoyment; cultural values, including, for example, cultural values of the traditional owners of the plan area. (sec.38-ssec.3) The chief executive may grant the application if— the chief executive is satisfied, after considering the impact mentioned in subsection (2) , that appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and the chief executive is satisfied there is a need for an increased reliability of the water supply.

• (a) the applicant is a water service provider; and
• (b) 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.