sec.37Restrictions on taking water from waterhole or lake

sec.37 Restrictions on taking water from waterhole or lake

This section applies to the chief executive in making a decision about a water licence to take surface water from a waterhole or lake. The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed. (sec.37-ssec.1) This section applies to the chief executive in making a decision about a water licence to take surface water from a waterhole or lake. (sec.37-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows (sec.37-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.

• (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
• (b) impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
• (a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
• (b) for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.