Interference with water related to the granting of unallocated water
36 Interference with water related to the granting of unallocated water
This section applies if the proposed interference with water is related to the granting of unallocated water.
The interference must not be greater than is necessary for the purpose of taking the unallocated water.
In deciding the application, the chief executive must consider the impact the proposed interference may have on in-stream water levels and the matters mentioned in section 32(2)(h)(i) to (ix).
A water licence to interfere with water, granted in association with a water licence to take water granted from the release of unallocated water, must include a pass flow condition.
In deciding the pass flow condition, the chief executive must consider existing downstream entitlement holders.
The pass flow condition must be at least—
for the Baffle Creek catchment area, the greater of the following—
the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;
86.4ML a day; or
for the Littabella Creek catchment area, the greater of the following—
the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;
43ML a day; or
for the Broadwater Creek catchment area—86.4ML a day.
In this section—
pass flow condition means a condition on a water licence, to interfere with water by impounding the flow of water in a watercourse, that states the minimum rate of flow in the watercourse below which water interfered with under the licence must be allowed to pass freely downstream of the location of the interference.
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