Queensland Consolidated Regulations

WATER PLAN (BAFFLE CREEK BASIN) 2010 - REG 53

53 Granting water licences for using particular existing overland flow works

(1) This section applies if the resource operations plan states a process, under section 212 of the Act , for the allocation of water under a water licence to replace an authority under section 52 (2) (b) .

(2) Under the process, the chief executive—

(a) must consider—

(i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and

(ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and

(b) may consider the extent to which the works, immediately before the commencement of this plan, allowed—

(i) the taking of other water under another authorisation; or

(ii) the storage of other water taken under another authorisation.

(3) The process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.

(4) In this section—

"registered professional engineer" means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .