sec.46Nominal volume based on assessment of water taken under existing authorisation

sec.46 Nominal volume based on assessment of water taken under existing authorisation

If a water plan states that the nominal volume for a water allocation is to be based on an assessment of the water taken under the existing authorisation, the chief executive must decide the nominal volume having regard to the following— the local availability of water; the conditions under which water may be taken under the existing authorisation; if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume; the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation; any other criteria, for making the decision, stated in the relevant water plan. For subsection (1) (a) , the local availability of water includes consideration of the volume of water worked out or estimated by the chief executive to have been able to be taken by authorisations, other than the existing authorisation, that would have affected access to water under the existing authorisation. (sec.46-ssec.1) If a water plan states that the nominal volume for a water allocation is to be based on an assessment of the water taken under the existing authorisation, the chief executive must decide the nominal volume having regard to the following— the local availability of water; the conditions under which water may be taken under the existing authorisation; if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume; the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation; any other criteria, for making the decision, stated in the relevant water plan. (sec.46-ssec.2) For subsection (1) (a) , the local availability of water includes consideration of the volume of water worked out or estimated by the chief executive to have been able to be taken by authorisations, other than the existing authorisation, that would have affected access to water under the existing authorisation.

• (a) the local availability of water;
• (b) the conditions under which water may be taken under the existing authorisation;
• (c) if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume;
• (d) the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation;
• (e) any other criteria, for making the decision, stated in the relevant water plan.