Water Plan (Wet Tropics) 2013

This section applies to an application—

for a water licence to take or interfere with water in the plan area; and

made under the Act, or the repealed Act, before 18 January 2010; and

not finally decided before the commencement of this plan.

However, this section does not apply to an application—

for a water licence to interfere with water if—

the purpose is to impound water; and

the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or

to which chapter 5, part 2, division 2 applies.

The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies—

increase the amount of water that may be taken;

change the location from which water may be taken;

increase the rate at which water may be taken;

change the flow conditions under which water may be taken;

increase or change the interference with the water;

change the purpose for which the water may be taken or interfered with.