Maximum rates
52 Maximum rates
The maximum rate at which unsupplemented water may be taken under a water allocation is—
if the authorisation states a maximum rate—the stated rate; and
if the authorisation does not state a maximum rate but a related development permit states a pump size mentioned in schedule 11, column 1—
if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 11, column 2, for the pump size—the rate decided by the chief executive having regard to—
the conditions under which water may be taken; and
the water taking capacity of the pump to which the development permit relates (the existing pump) under normal operating conditions; and
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; and
the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
otherwise—the rate stated in schedule 11, column 2, for the pump size; and
if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 11, column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b)(i)(A) to (D); and
if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to—
the nature of the authorisation; and
an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.