Queensland Consolidated Regulations

WATER PLAN (FITZROY BASIN) 2011 - REG 95

95 Maximum rate for taking water

(1) The maximum rate at which water may be taken under a water allocation is—

(a) for an authorisation that states an authorised activity referring to the capability of a particular pump size to take water—

(i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or

(ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and

(b) for an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit—

(i) states a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or

(ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and

(c) for another authorisation—the rate decided by the chief executive having regard to—

(i) the type of authorisation; and

(ii) an estimate or measurement of the rate at which water can be taken under the authorisation.

(2) However, for subsection (1) (a) and (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—

(a) the conditions under which the water may be taken;

(b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the
"existing pump" );

(c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;

(d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

(3) The chief executive must ensure that the total volume that can be taken in a day at the maximum rate for the allocation is not less than the daily volumetric limit under section 96 .