Restriction on taking water from waterholes or lakes
20 Restriction on taking water from waterholes or lakes
The chief executive may grant an authorisation to take water from a waterhole or lake only if—
the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or
the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental values of the waterhole or lake.Example for paragraph (a)—
a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which the waterhole or lake naturally overflows
In making a decision under subsection (1), the chief executive must consider—
the impact the proposed taking of the water may have on the following—
water quality;
inundation of habitats;
the movement of fish and other aquatic species;
the natural movement of sediment;
recreation and aesthetic values;
cultural values including, for example, cultural values of the traditional owners of the area; and
whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
An authorisation mentioned in subsection (1) does not include a water allocation converted from an authorisation under division 5.
Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.
Subsection (2) does not limit the matters the chief executive may consider.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.