sec.22BNominal entitlement or annual volumetric limit

sec.22B Nominal entitlement or annual volumetric limit

The chief executive must decide the following— the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ; the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ; the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3. The nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement. However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume. In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following— the capacity of existing works to take groundwater as at the plan amendment day; the number of hours existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ; for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence; the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates. Subsection (4) does not limit the matters the chief executive may consider. In this section— capacity of existing works means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML; the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence; the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Pioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day. s 22B ins 2009 SL No. 212 s 27 (sec.22B-ssec.1) The chief executive must decide the following— the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ; the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ; the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3. (sec.22B-ssec.2) The nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement. (sec.22B-ssec.3) However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume. (sec.22B-ssec.4) In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following— the capacity of existing works to take groundwater as at the plan amendment day; the number of hours existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ; for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence; the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates. (sec.22B-ssec.5) Subsection (4) does not limit the matters the chief executive may consider. (sec.22B-ssec.6) In this section— capacity of existing works means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML; the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence; the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Pioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day.