sec.47Maximum rates for taking surface water

sec.47 Maximum rates for taking surface water

The maximum rate at which surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence. However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) . (sec.47-ssec.1) The maximum rate at which surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence. (sec.47-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .