Water (Place of Take) Regulations 2023

For the purposes of making a prohibition determination in respect of a relevant water allocation or a class of relevant water allocation that is the subject of a particular place of take approval that is tagged and that applies to the Basin water resources, the prescribed circumstances are that the Minister reasonably believes it is necessary to provide for restrictions on the taking of water under that allocation or class of allocation when any of the reasons in section 12.18 of the Basin Plan exist.

For the purposes of making a prohibition determination that applies to a specified area within the Broken water system, Bullarook water system or Ovens water system and for a period or periods of time in accordance with section 64FZE(3)(a) of the Act, the prescribed circumstances are that the Minister reasonably believes that—

the amount of water that can be delivered to the specified area on a daily basis or throughout a water season is not enough, or soon will not be enough, to meet all of the following—

the demand to take water from the approved places in the area;

the commitments to deliver water downstream of the area;

any water system management requirements; and

either—

making a restriction determination is not sufficient to ensure water system management requirements are met; or

making the prohibition determination is in the public interest.