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reg 26

Decisions about surface water in significant watercourse reaches

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Part 6Strategies for achieving water plan outcomes for surface water

26 Decisions about surface water in significant watercourse reaches

(1)

A decision about surface water in a significant watercourse reach must ensure the cultural values and environmental values of the significant watercourse reach are maintained.

(2)

When making a decision about the conditions that will apply to an authorisation to take surface water from a significant watercourse reach, the chief executive must impose on the authorisation any flow conditions, stated in the water management protocol for this plan, that relate to the taking of surface water from the significant watercourse reach.

(3)

This section does not—

(a)

apply to a decision about any of the following—

(i)

a seasonal water assignment;

(ii)

a water licence that has the stated purpose of ‘urban’;

(iii)

reinstating a water licence; or

(b)

limit the restrictions that may be imposed on the allocation or management of surface water in the significant watercourse reach.

(4)

In this section—

cultural values, of a significant watercourse reach, include the cultural values of the traditional owners of the area in which the reach is located.

environmental values, of a significant watercourse reach, include the following matters—

(a)

the water quality of the reach;

(b)

the in-stream habitats associated with the reach;

(c)

the riparian vegetation associated with the reach;

(d)

the movement of fish, and other aquatic species, in the reach;

(e)

the natural movement of sediment in the reach.

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