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WATER ACT 1989 - SECT 64FZP

Rule making powers for approvals and determinations under this Part

    (1)     The Minister, by Order published in the Government Gazette, may set out rules—

        (a)     for or with respect to applications for approvals under this Part; and

        (b)     for or with respect to maximum rate of take conditions on general place of take approvals, including but not limited to—

              (i)     determining times, places and circumstances in which maximum rate of take conditions apply to approvals; and

              (ii)     the method for determining maximum rate of take for maximum rate of take conditions; and

              (iii)     upper limits on maximum rate of take for maximum rate of take conditions; and

        (c)     for or with respect to notional rationing rates that are fixed to general place of take approvals, including but not limited to—

              (i)     matters to be taken into account in fixing notional rationing rates; and

              (ii)     upper limits on notional rationing rates; and

              (iii)     transferring notional rationing rates applying to approvals that have been cancelled; and

        (d)     for or with respect to prohibition determinations and restriction determinations, including but not limited to, the matters that must be specified in determinations; and

        (e)     for or with respect to the circumstances in which consent by any one or more of the following persons or bodies is required before an approval under this Part may be given—

              (i)     the Authority;

              (ii)     the resource manager appointed under section 43A;

              (iii)     a storage manager;

              (iv)     the Murray-Darling Basin Authority established under the Water Act 2007 of the Commonwealth;

              (v)     any person or body in another State or a Territory of the Commonwealth; and

        (f)     as to the circumstances in which the Minister may give or refuse to give approvals under this Part; and

        (g)     as to any other matters the Minister is authorised to make rules for under this Part.

    (2)     An Order under this section may be amended or revoked in the same manner as that in which it is made.

S. 64FZQ inserted by No. 48/2021 s. 32 (as amended by No. 10/2023 ss 7–13).



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