Common use of Periods of Restriction Clause in Contracts

Periods of Restriction. (1) Whenever in the opinion of the Committee it is necessary or desirable for the better investigation, use, control, protection, management or administration of groundwater within the Designated Area, it may by resolution declare a period of restriction in relation to any zone. (2) A period of restriction may be declared for any period not exceeding five years and may be renewed from time to time for any further period not exceeding five years. (3) A period of restriction may be declared in relation to any zone, sub-zone or aquifer within a zone or sub-zone notwithstanding that the permissible annual volume or the allowable annual volume or the permissible salinity (if any) or the permissible potentiometric surface lowering for that zone or sub-zone, or any or all of them, has not been exceeded in any previous year. (4) During any period of restriction no application for a permit shall be granted and no permit renewed in relation to the construction, deepening, enlarging or altering of any bore, or the extracting of water from any bore in any zone to which the period of restriction relates unless— (a) the details of the application or of the proposed renewal have first been considered by the Committee; (b) the granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and (c) thirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee. (5) Where contrary to any recommendation made by the Committee pursuant to sub‑clause (4)(b), the granting authority determines that an application for a permit shall be granted or a permit renewed, the granting authority shall forthwith notify the Minister of the other Contracting Government of that determination.

Appears in 1 contract

Sources: Groundwater (Border Agreement) Act 1985

Periods of Restriction. (1) Whenever in the opinion of the Committee it is necessary or desirable for the better investigation, use, control, protection, management or administration of groundwater within the Designated Area, it may by resolution declare a period of restriction in relation to any zone. (2) A period of restriction may be declared for any period not exceeding five years and may be renewed from time to time for any further period not exceeding five years. (3) A period of restriction may be declared in relation to any zone, sub-zone or aquifer within a zone or sub-zone notwithstanding that the permissible annual volume or the allowable annual volume or the permissible level of salinity (if any) or the permissible rate of potentiometric surface lowering for that zone or sub-zone, or any or all of them, has not been exceeded in any previous year. (4) During any period of restriction no application for a permit shall be granted and no permit renewed in relation to the construction, deepening, enlarging or altering of any bore, or the extracting of water from any bore in any zone to which the period of restriction relates unless— (a) the details of the application or of the proposed renewal have first been considered by the Committee; (b) the granting authority has first considered any recommendation made by the Committee with respect to the application or the proposed renewal; and (c) thirty days have elapsed from the date on which the details of the application or of the proposed renewal have been considered by the Committee. (5) Where contrary to any recommendation made by the Committee pursuant to sub‑clause (4)(b), the granting authority determines that an application for a permit shall be granted or a permit renewed, the granting authority shall forthwith notify the Minister of the other Contracting Government of that determination.

Appears in 1 contract

Sources: Groundwater (Border Agreement) Act 1985