Water Regulation 2016

Subsection (2) applies if a water plan states that the maximum rate for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation.

The maximum rate for the allocation is—

if the water plan states the maximum rate for taking water in litres per second and—

the pump size is mentioned in schedule 7, column 1—the rate stated in schedule 7, column 2, for the pump size; or

the pump size is not mentioned in schedule 7, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7, column 2; or

if the water plan states the maximum rate for taking water in megalitres per day and—

the pump size is mentioned in schedule 7, column 1—the rate stated in schedule 7, column 3, for the pump size; or

the pump size is not mentioned in schedule 7, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7, column 3.

Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act, is satisfied the maximum rate for the allocation is different from the maximum rate decided under subsection (2) for the allocation.

Despite subsection (2), the maximum rate for the allocation is the rate decided by the chief executive having regard to the following—

the conditions under which water may be taken under the existing authorisation;

the water taking capacity of the pump to which the development permit relates;

any other criteria, for making the decision, stated in the relevant water plan.