sec.43Maximum rates for taking unsupplemented water

sec.43 Maximum rates for taking unsupplemented water

The maximum rate at which unsupplemented water may be taken under an allocation is— for an authorisation that states a maximum rate—the stated rate; and for an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 7 , column 1— if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— the conditions under which the water may be taken; and the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and 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; and the efficiency of the water use mentioned in subsubparagraph (C); or otherwise—the rate stated in schedule 7 , column 2, for the pump size; and for an authorisation that does not state a maximum rate but for which a related development permit states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and for another authorisation—the rate decided by the chief executive having regard to— the nature of the authorisation; and an estimate or measurement of the rate at which water is taken under the authorisation.

• (a) for an authorisation that states a maximum rate—the stated rate; and
• (b) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 7 , column 1— (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) 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; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and
• (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) 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; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or