sec.48Working out nominal entitlement for other water licences

sec.48 Working out nominal entitlement for other water licences

This section applies for working out, for section 44 (1) (b) , the nominal entitlement for a water licence to take water to which this plan applies, other than a water licence to which section 47 applies. The nominal entitlement for the water licence must be the volume of water decided by the chief executive, after considering the matters stated in subsection (5) , if— the licence is granted after the commencement; or the licence is an amended licence and the nominal entitlement for the licence can not be worked out under subsection (3) or (4) ; or all of the following apply— the licence is an amended licence; the pre-amended licence does not state, whether as a condition or otherwise— the total volume of water that may be taken under the licence in a water year; or a volume of water that may be taken under the licence in a water year for 1 or more stated purposes; the chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence. The nominal entitlement for an amended licence must be 1 of the following volumes, in decreasing order of priority— if the pre-amended licence states, whether as a condition or otherwise, the total volume of water that may be taken under the licence in a water year—the stated volume; if the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume of water calculated by multiplying the stated area by 6; if the purpose for which water may be taken under the pre-amended licence is ‘water harvesting’ or a similar purpose—the volume of water calculated by multiplying the maximum rate at which water may be taken under the pre-amended licence by 30; if the purpose for which water may be taken under the pre-amended licence is ‘stock and domestic’ or a similar purpose and water will not be taken under the amended licence from land that is adjacent to a watercourse, lake or spring—2ML. However, if subsection (3) (a) does not apply to the amended licence, and the pre-amended licence states more than 1 purpose for which water may be taken under the pre-amended licence, the nominal entitlement for the amended licence must be the total of the following volumes— if the pre-amended licence states, whether as a condition or otherwise, the volume of water that may be taken under the licence in a water year for 1 or more stated purposes—each stated volume; each volume of water that applies in relation to the licence under subsection (3) (b) to (d) . For subsection (2) , the matters are— the purpose for which water may be taken under the licence; and the volume of water required for the purpose mentioned in paragraph (a) ; and the efficiency of the water use associated with water that may be taken under the licence; and the conditions under which water may be taken under the licence, including, for example, flow conditions; and the water-taking capacity, under normal operating conditions, of relevant works that relate to an activity authorised under the licence; and the local availability of water. The nominal entitlement for a water licence must be expressed in megalitres. In this section— relevant works means works— used, or capable of being used, to take water to which this plan applies; and that existed immediately before the commencement, regardless of whether the works were completed or partially completed. (sec.48-ssec.1) This section applies for working out, for section 44 (1) (b) , the nominal entitlement for a water licence to take water to which this plan applies, other than a water licence to which section 47 applies. (sec.48-ssec.2) The nominal entitlement for the water licence must be the volume of water decided by the chief executive, after considering the matters stated in subsection (5) , if— the licence is granted after the commencement; or the licence is an amended licence and the nominal entitlement for the licence can not be worked out under subsection (3) or (4) ; or all of the following apply— the licence is an amended licence; the pre-amended licence does not state, whether as a condition or otherwise— the total volume of water that may be taken under the licence in a water year; or a volume of water that may be taken under the licence in a water year for 1 or more stated purposes; the chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence. (sec.48-ssec.3) The nominal entitlement for an amended licence must be 1 of the following volumes, in decreasing order of priority— if the pre-amended licence states, whether as a condition or otherwise, the total volume of water that may be taken under the licence in a water year—the stated volume; if the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume of water calculated by multiplying the stated area by 6; if the purpose for which water may be taken under the pre-amended licence is ‘water harvesting’ or a similar purpose—the volume of water calculated by multiplying the maximum rate at which water may be taken under the pre-amended licence by 30; if the purpose for which water may be taken under the pre-amended licence is ‘stock and domestic’ or a similar purpose and water will not be taken under the amended licence from land that is adjacent to a watercourse, lake or spring—2ML. (sec.48-ssec.4) However, if subsection (3) (a) does not apply to the amended licence, and the pre-amended licence states more than 1 purpose for which water may be taken under the pre-amended licence, the nominal entitlement for the amended licence must be the total of the following volumes— if the pre-amended licence states, whether as a condition or otherwise, the volume of water that may be taken under the licence in a water year for 1 or more stated purposes—each stated volume; each volume of water that applies in relation to the licence under subsection (3) (b) to (d) . (sec.48-ssec.5) For subsection (2) , the matters are— the purpose for which water may be taken under the licence; and the volume of water required for the purpose mentioned in paragraph (a) ; and the efficiency of the water use associated with water that may be taken under the licence; and the conditions under which water may be taken under the licence, including, for example, flow conditions; and the water-taking capacity, under normal operating conditions, of relevant works that relate to an activity authorised under the licence; and the local availability of water. (sec.48-ssec.6) The nominal entitlement for a water licence must be expressed in megalitres. (sec.48-ssec.7) In this section— relevant works means works— used, or capable of being used, to take water to which this plan applies; and that existed immediately before the commencement, regardless of whether the works were completed or partially completed.