sec.49CRestrictions on taking groundwater

sec.49C Restrictions on taking groundwater

This section applies to the chief executive in making a decision about— changing a water allocation to take groundwater; or a water licence to take groundwater; or converting a water licence to take groundwater to a water allocation to take groundwater; or taking groundwater involving an exchange between surface water and groundwater. If the allocation or licence allows taking groundwater, the chief executive must— consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and consider the impact the cumulative taking may have on— surface water flows and groundwater flows; and other water users; and seawater intrusion or an area of poor water quality; and impose a condition on the allocation or licence about— maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD limiting the maximum daily, monthly or quarterly rates of take of groundwater. a condition that the maximum quarterly rate of take of groundwater is 25ML However, the chief executive need not impose a condition mentioned in subsection (2) (c) if the chief executive is satisfied— the taking will not adversely impact on the ecological values or other water users; or for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed. Subsection (2) does not limit the matters the chief executive may consider. In this section— AHD means Australian Height Datum. s 49C ins 2009 SL No. 212 s 43 (sec.49C-ssec.1) This section applies to the chief executive in making a decision about— changing a water allocation to take groundwater; or a water licence to take groundwater; or converting a water licence to take groundwater to a water allocation to take groundwater; or taking groundwater involving an exchange between surface water and groundwater. (sec.49C-ssec.2) If the allocation or licence allows taking groundwater, the chief executive must— consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and consider the impact the cumulative taking may have on— surface water flows and groundwater flows; and other water users; and seawater intrusion or an area of poor water quality; and impose a condition on the allocation or licence about— maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD limiting the maximum daily, monthly or quarterly rates of take of groundwater. a condition that the maximum quarterly rate of take of groundwater is 25ML (sec.49C-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (c) if the chief executive is satisfied— the taking will not adversely impact on the ecological values or other water users; or for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed. (sec.49C-ssec.4) Subsection (2) does not limit the matters the chief executive may consider. (sec.49C-ssec.5) In this section— AHD means Australian Height Datum.