Water Plan (Mitchell) 2007
sec.56Granting or amending water licences under the resource operations plan
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sec.56 Granting or amending water licences under the resource operations plan
This section applies if the resource operations plan states a process for— granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or amending a water licence mentioned in paragraph (a) . In following the process and granting or amending a water licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. Subsection (2) does not limit the matters the chief executive may consider. The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water. (sec.56-ssec.1) This section applies if the resource operations plan states a process for— granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or amending a water licence mentioned in paragraph (a) . (sec.56-ssec.2) In following the process and granting or amending a water licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. (sec.56-ssec.3) Subsection (2) does not limit the matters the chief executive may consider. (sec.56-ssec.4) The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.
- (a) granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or