Queensland Consolidated Regulations

WATER RESOURCE (WHITSUNDAY) PLAN 2010 - REG 69

69 Granting water licences for using particular existing overland flow works

(1) This section applies if the resource operations plan states, under section 212 of the Act , a process for the allocation of water under a water licence to replace the authorisation under section 68 .

(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 plan notification day, using the existing overland flow works to which section 68 applies; 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 plan notification day; and

(b) may consider the extent to which the works, immediately before the plan notification day, allowed—

(i) the taking of water, other than overland flow water, under another authorisation; or

(ii) the storage of water, other than overland flow water, under another authorisation.

(3) Subsection (2) does not limit the matters the chief executive may consider.

(4) The chief executive may require the owner of the land to which section 68 applies 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.

(5) In this section—

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