Water Resource (Whitsunday) Plan 2010
sec.55Maximum rates
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sec.55 Maximum rates
The maximum rate at which unsupplemented water may be taken under a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate—the stated rate; and for an authorisation that does not state a maximum rate but for which a related development permit— states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation. However, for subsection (1) (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate is the rate 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 development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day; the efficiency of the system mentioned in paragraph (c) . (sec.55-ssec.1) The maximum rate at which unsupplemented water may be taken under a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate—the stated rate; and for an authorisation that does not state a maximum rate but for which a related development permit— states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation. (sec.55-ssec.2) However, for subsection (1) (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate is the rate 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 development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day; the efficiency of the system mentioned in paragraph (c) .