Criteria for deciding applications for water licences to take overland flow water using existing overland flow works—Act, s 43
53 Criteria for deciding applications for water licences to take overland flow water using existing overland flow works—Act, s 43
This section states, for section 43(2)(h) of the Act, the criteria for deciding an application for a water licence, to take overland flow water to which this plan applies using existing overland flow works, accepted by the chief executive under section 44(2).
The chief executive must decide to grant the application if the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.
Despite subsection (2), the chief executive may refuse to grant the application if the chief executive considers the application should be refused having regard to the matters the chief executive must consider under section 113 of the Act.
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