sec.36Accepting and deciding particular applications to interfere with water

sec.36 Accepting and deciding particular applications to interfere with water

This section applies to the chief executive in making a decision about an application to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water. The chief executive may accept and decide the application only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site. However, the chief executive must not approve an application for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML. This section does not apply to an application about unallocated water. In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly. (sec.36-ssec.1) This section applies to the chief executive in making a decision about an application to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water. (sec.36-ssec.2) The chief executive may accept and decide the application only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes (sec.36-ssec.3) The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site. (sec.36-ssec.4) However, the chief executive must not approve an application for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML. (sec.36-ssec.5) This section does not apply to an application about unallocated water. (sec.36-ssec.6) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.