Water Regulation 2016
sec.54Daily volumetric limit for water allocation based on related development permit
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sec.54 Daily volumetric limit for water allocation based on related development permit
This section applies if a water plan states that the daily volumetric limit for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation. The daily volumetric limit for the allocation is— if the pump size is mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or if the pump size is not mentioned in schedule 7 , column 1—the daily volumetric limit for the allocation decided by the chief executive having regard to the daily volumetric limits for similar pump sizes stated in schedule 7 , column 3. Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act , is satisfied the daily volumetric limit for the allocation is different from the daily volumetric limit decided under subsection (2) for the allocation. Despite subsection (2) , the daily volumetric limit for the water allocation is the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the efficiency of the use of water taken under the existing authorisation; the water taking capacity of the pump to which the development permit relates under normal operating conditions; any other criteria, for making the decision, stated in the relevant water plan. However, if the allocation states a maximum rate for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate. (sec.54-ssec.1) This section applies if a water plan states that the daily volumetric limit for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation. (sec.54-ssec.2) The daily volumetric limit for the allocation is— if the pump size is mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or if the pump size is not mentioned in schedule 7 , column 1—the daily volumetric limit for the allocation decided by the chief executive having regard to the daily volumetric limits for similar pump sizes stated in schedule 7 , column 3. (sec.54-ssec.3) Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act , is satisfied the daily volumetric limit for the allocation is different from the daily volumetric limit decided under subsection (2) for the allocation. (sec.54-ssec.4) Despite subsection (2) , the daily volumetric limit for the water allocation is the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the efficiency of the use of water taken under the existing authorisation; the water taking capacity of the pump to which the development permit relates under normal operating conditions; any other criteria, for making the decision, stated in the relevant water plan. (sec.54-ssec.5) However, if the allocation states a maximum rate for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.