Maximum rate for a water licence
104 Maximum rate for a water licence
The maximum rate at which unsupplemented water may be taken under an amended water licence is—
for an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or
for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water—
for a pump size mentioned in schedule 10, column 1—the rate stated in schedule 10, column 2 for the pump size; or
for a pump size other than a pump size mentioned in schedule 10, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10, column 2; and
for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit—
stated a pump size mentioned in schedule 10, column 1—the rate stated in schedule 10, column 2 for the pump size; or
stated a pump size other than a pump size mentioned in schedule 10, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10, column 2; and
for another amended water licence—the rate decided by the chief executive having regard to—
the type of licence; and
an estimate or measurement of the rate at which water can be taken under the licence.
However, for subsection (1)(b) and (c), if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—
the conditions under which the water may be taken;
the water-taking capacity of the pump (the existing pump) to which the authorised activity or development permit relates;
the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c).
The chief executive must ensure that the total volume that could be taken in a day at the maximum rate for the amended water licence is not less than the daily volumetric limit under section 105.
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