Water Plan (Wet Tropics) 2013
sec.52Daily volumetric limit for a water allocation
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sec.52 Daily volumetric limit for a water allocation
The daily volumetric limit for a water allocation to take unsupplemented water is— if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or otherwise—the volume decided by the chief executive having regard to— the type of authorisation; and a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion. However, for subsection (1) (c) or (d) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under subsection (1) , the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; 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; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . s 52 amd 2014 SL No. 142 s 231 (sec.52-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or otherwise—the volume decided by the chief executive having regard to— the type of authorisation; and a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion. (sec.52-ssec.2) However, for subsection (1) (c) or (d) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under subsection (1) , the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; 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; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .