sec.49Working out maximum rate

sec.49 Working out maximum rate

This section applies for working out, for section 44 (1) (d) or (3) (a) , the maximum rate at which water to which this plan applies may be taken under a water licence. For each of the following water licences, the maximum rate at which surface water may be taken under the licence must be the volume of water calculated by dividing the nominal entitlement by 30— a water licence to take surface water that states the purpose of ‘any’, other than an amended licence; a water licence to take surface water that is an amended licence that states the purpose of ‘stock and domestic’ or ‘any’. For a water licence to take surface water that is an amended licence that states the purpose of ‘urban’, the maximum rate at which surface water may be taken under the licence must be the maximum rate for taking water under the pre-amended licence, whether stated as a condition or otherwise. If the maximum rate at which surface water may be taken under the water licence can not be worked out under subsection (2) (a) or (b) , the maximum rate must be the rate decided by the chief executive after considering the matters stated in subsection (5) . For subsection (4) , the matters are as follows, in decreasing order of priority— if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a rate for taking water using a pump—the stated rate; if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2 for the pump size; if the chief executive is satisfied the rate that would apply under paragraph (b) is not suitable, or in any other case— the conditions under which water may be taken under the water licence, including, for example, flow conditions; and if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and the water-related infrastructure associated with the taking of water under the water licence; any other matter the chief executive considers relevant. The maximum rate at which underground water may be taken under a water licence must be calculated under a process decided by the chief executive that would achieve the water plan outcomes stated in sections 16 to 19 . The process mentioned in subsection (6) may include assessing information obtained from— monitoring carried out by the applicant for the water licence; or the use of a computer program to simulate hydrologic events. The maximum rate at which water to which this plan applies may be taken under a water licence must be expressed in megalitres per day and rounded up to the nearest first decimal point. (sec.49-ssec.1) This section applies for working out, for section 44 (1) (d) or (3) (a) , the maximum rate at which water to which this plan applies may be taken under a water licence. (sec.49-ssec.2) For each of the following water licences, the maximum rate at which surface water may be taken under the licence must be the volume of water calculated by dividing the nominal entitlement by 30— a water licence to take surface water that states the purpose of ‘any’, other than an amended licence; a water licence to take surface water that is an amended licence that states the purpose of ‘stock and domestic’ or ‘any’. (sec.49-ssec.3) For a water licence to take surface water that is an amended licence that states the purpose of ‘urban’, the maximum rate at which surface water may be taken under the licence must be the maximum rate for taking water under the pre-amended licence, whether stated as a condition or otherwise. (sec.49-ssec.4) If the maximum rate at which surface water may be taken under the water licence can not be worked out under subsection (2) (a) or (b) , the maximum rate must be the rate decided by the chief executive after considering the matters stated in subsection (5) . (sec.49-ssec.5) For subsection (4) , the matters are as follows, in decreasing order of priority— if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a rate for taking water using a pump—the stated rate; if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2 for the pump size; if the chief executive is satisfied the rate that would apply under paragraph (b) is not suitable, or in any other case— the conditions under which water may be taken under the water licence, including, for example, flow conditions; and if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and the water-related infrastructure associated with the taking of water under the water licence; any other matter the chief executive considers relevant. (sec.49-ssec.6) The maximum rate at which underground water may be taken under a water licence must be calculated under a process decided by the chief executive that would achieve the water plan outcomes stated in sections 16 to 19 . (sec.49-ssec.7) The process mentioned in subsection (6) may include assessing information obtained from— monitoring carried out by the applicant for the water licence; or the use of a computer program to simulate hydrologic events. (sec.49-ssec.8) The maximum rate at which water to which this plan applies may be taken under a water licence must be expressed in megalitres per day and rounded up to the nearest first decimal point.