Water Plan (Mitchell) 2007
sec.48Daily volumetric limit for taking surface water
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sec.48 Daily volumetric limit for taking surface water
The daily volumetric limit for a water licence to take surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit 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 3; 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 3; and for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit 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 water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit 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 ) under normal operating conditions; 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) . The chief executive must ensure the daily volumetric limit for a water licence to take surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 47 . (sec.48-ssec.1) The daily volumetric limit for a water licence to take surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit 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 3; 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 3; and for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit 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.48-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit 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 ) under normal operating conditions; 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.48-ssec.3) The chief executive must ensure the daily volumetric limit for a water licence to take surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 47 .