sec.49ZAProcess and criteria for review

sec.49ZA Process and criteria for review

This section applies to the following— a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 15 that is seawater intruded and mentioned in section 49J ; authorisation 5, 8, 10, 12, 13 or 15. The chief executive must, in preparing an amendment of the resource operations plan, develop a review process to decide whether the conditions imposed on the licence must be changed for consistency with the water sharing rules included in the resource operations plan. The chief executive must conduct the review every 5 years after the commencement of an amendment of the resource operations plan. In deciding the water sharing rules for the licences to be reviewed that are to be included in the resource operations plan, the chief executive must be satisfied that all of the following criteria are met— the trends in groundwater levels and electrical conductivity of the groundwater are as worked out under the resource operations plan; the electrical conductivity of groundwater to be taken under the licence is less than 1500µS/cm; the position of the seawater intrusion front is more than 1000m from any water bore to take groundwater. If the chief executive is satisfied that the criteria mentioned in subsection (4) are met, the chief executive may amend the licence to change a condition on the licence, including to impose a condition that the maximum volume of groundwater that may be taken under the licence in a groundwater sub-area mentioned in schedule 6A , column 1 is the nominal entitlement stated on the licence multiplied by the percentage stated in schedule 6A , column 2 opposite the sub-area. The announced entitlement for the licences, decided by the chief executive at the time of the review— must not be more than the announced entitlement for the sub-area in which the licences being reviewed occur; and may be for a water year or part of a water year for the licence. Subsections (3) to (6) do not limit the matters the chief executive may consider in developing the review process. In this section— announced entitlement see the Water Regulation 2016 , section 29 . s 49ZA ins 2009 SL No. 212 s 45 amd 2016 SL No. 216 s 146 sch 20 (sec.49ZA-ssec.1) This section applies to the following— a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 15 that is seawater intruded and mentioned in section 49J ; authorisation 5, 8, 10, 12, 13 or 15. (sec.49ZA-ssec.2) The chief executive must, in preparing an amendment of the resource operations plan, develop a review process to decide whether the conditions imposed on the licence must be changed for consistency with the water sharing rules included in the resource operations plan. (sec.49ZA-ssec.3) The chief executive must conduct the review every 5 years after the commencement of an amendment of the resource operations plan. (sec.49ZA-ssec.4) In deciding the water sharing rules for the licences to be reviewed that are to be included in the resource operations plan, the chief executive must be satisfied that all of the following criteria are met— the trends in groundwater levels and electrical conductivity of the groundwater are as worked out under the resource operations plan; the electrical conductivity of groundwater to be taken under the licence is less than 1500µS/cm; the position of the seawater intrusion front is more than 1000m from any water bore to take groundwater. (sec.49ZA-ssec.5) If the chief executive is satisfied that the criteria mentioned in subsection (4) are met, the chief executive may amend the licence to change a condition on the licence, including to impose a condition that the maximum volume of groundwater that may be taken under the licence in a groundwater sub-area mentioned in schedule 6A , column 1 is the nominal entitlement stated on the licence multiplied by the percentage stated in schedule 6A , column 2 opposite the sub-area. (sec.49ZA-ssec.6) The announced entitlement for the licences, decided by the chief executive at the time of the review— must not be more than the announced entitlement for the sub-area in which the licences being reviewed occur; and may be for a water year or part of a water year for the licence. (sec.49ZA-ssec.7) Subsections (3) to (6) do not limit the matters the chief executive may consider in developing the review process. (sec.49ZA-ssec.8) In this section— announced entitlement see the Water Regulation 2016 , section 29 .