Water Resource (Whitsunday) Plan 2010
sec.49Restrictions on taking water from waterholes
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sec.49 Restrictions on taking water from waterholes
This section applies to the chief executive in making a decision about taking unsupplemented water from a waterhole under— a water allocation; or a water licence. The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole; and impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole. However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed. (sec.49-ssec.1) This section applies to the chief executive in making a decision about taking unsupplemented water from a waterhole under— a water allocation; or a water licence. (sec.49-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole; and impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole. (sec.49-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.
- (a) a water allocation; or
- (b) a water licence.
- (a) consider the impact the taking may have on the cultural or ecological values of the waterhole; and
- (b) impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.
- (a) the taking of water from the waterhole will not adversely affect its cultural or ecological values; or
- (b) for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.