Restrictions on taking water from waterholes or lakes
24 Restrictions on taking water from waterholes or lakes
This section applies if the chief executive makes a decision about granting a water licence, other than a decision about—
reinstating or replacing an expired authorisation; or
granting a licence in accordance with section 20; or
granting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.
When making a decision about the conditions that will apply to a water licence to take water from a waterhole or lake, the chief executive must consider the impact that the taking of water may have on the following—
the ecological values of the waterhole or lake;
any cultural values associated with the waterhole or lake.
If the proposed taking of water is from a waterhole or lake listed in schedule 5, section 1, the chief executive must impose a condition on the water licence prohibiting the taking of water from below the natural cease-to-flow level of the waterhole or lake.
Subsection (5) applies if a water licence, other than a water licence for the purpose of stock or domestic, proposes to take water from a waterhole or lake, other than a waterhole or lake listed in schedule 5, section 1.
The chief executive must impose a condition on the water licence prohibiting the taking of water from the waterhole or lake when the level of the waterhole or lake is lower than 0.5m below the natural cease-to-flow level of the waterhole or lake.
Subsection (5) does not apply to a water licence proposing to take water from a waterhole listed in schedule 6, section 1 that has been augmented by dams or weirs.
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