Water management protocol—Act, s 43
82 Water management protocol—Act, s 43
For section 43(2)(l) of the Act, a water management protocol must be prepared for the plan area.
The water management protocol must state the following matters for the plan area—
the volumes of unallocated water reserved for stated purposes or stated locations;
the criteria and process for deciding applications for a seasonal water assignment or for relocation of a water licence;
for water allocations managed under a resource operations licence—the water allocation dealing rules;
for water allocations not managed under a resource operations licence—
the seasonal water assignment rules; and
the water allocation dealing rules; and
the water sharing rules;
water sharing rules for water licences to take water in the Upper Condamine Alluvium (Central Condamine Alluvium) underground water unit;
monitoring requirements for water and natural ecosystems;
arrangements for managing flows in the Lower Balonne to enhance the environmental water plan outcomes for this plan stated in section 22;
if practicable, arrangements for the protection of held environmental water passing through the Lower Balonne water management area.
The water management protocol may state the following matters for the plan area—
the arrangements for interstate trading between the State and New South Wales;
a process for conducting an underground water impact assessment in relation to—
a proposed dealing with a water licence; or
a proposed water allocation dealing;
a matter for which a record must be made and kept under section 81.
Subsections (1) to (3) do not limit the matters that may be stated in the water management protocol.
In this section—
held environmental water means water authorised to be taken under a water entitlement held only to provide environmental benefit.Examples of a water entitlement held only for providing benefit to the environment—
• a water entitlement held by CEWH
• a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems
underground water impact assessment, in relation to a proposed dealing mentioned in subsection (3)(b)(i) or (ii), means an impact assessment carried out to work out whether the impact of approving the proposed dealing on holders of other water entitlements is unacceptable.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.