Maximum rate
66 Maximum rate
The maximum rate for a new water allocation is—
if the water licence states the volume of water that may be taken in a day—the stated volume; or
if the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; orNote—
There are 86,400 seconds in a day.
if the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump—
for a pump of a size mentioned in schedule 8, column 1—the maximum rate stated in schedule 8, column 2 for the pump size; or
for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8, column 2; or
otherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.
However, for subsection (1)(b), if the water licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following—
the conditions under which the water may be taken under the water licence;
the water taking capacity of any works for taking water under the water licence;
the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published;
the efficiency of the water use mentioned in paragraph (c).
The chief executive must ensure the maximum rate for a new water allocation is not more than the volume that could be taken in a day at the per-second rate for the new water allocation.
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