sec.49DDecisions not to increase amount of groundwater taken

sec.49D Decisions not to increase amount of groundwater taken

The chief executive must not make a decision about the allocation or management of groundwater in the plan area that would— increase the annual volumetric limits for water allocations to take groundwater in the plan area; or increase the nominal entitlements for water licences to take groundwater in the plan area; or allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded. A decision mentioned in subsection (1) (b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day. Subsection (1) (a) and (b) do not apply to a decision— about a water permit; or about an application mentioned in section 22D (4) ; or to grant a water licence under section 30A ; or to grant a water licence under section 49J ; or to convert an authorisation to a water allocation mentioned in section 49K . In this section— relevant authorisation means— authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or authorisation 16. s 49D ins 2009 SL No. 212 s 43 amd 2014 SL No. 142 s 216 (sec.49D-ssec.1) The chief executive must not make a decision about the allocation or management of groundwater in the plan area that would— increase the annual volumetric limits for water allocations to take groundwater in the plan area; or increase the nominal entitlements for water licences to take groundwater in the plan area; or allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded. (sec.49D-ssec.2) A decision mentioned in subsection (1) (b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day. (sec.49D-ssec.3) Subsection (1) (a) and (b) do not apply to a decision— about a water permit; or about an application mentioned in section 22D (4) ; or to grant a water licence under section 30A ; or to grant a water licence under section 49J ; or to convert an authorisation to a water allocation mentioned in section 49K . (sec.49D-ssec.4) In this section— relevant authorisation means— authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or authorisation 16.