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Water Act 1992
14ARestricted Water Extraction Area declaration
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14A Restricted Water Extraction Area declaration
(1) The Minister may, by Gazette notice, declare an area of land to be
an area where the right to take water under section 11 or 14 is
restricted when the land is subdivided or consolidated.
(2) Before making the declaration, the Minister must be satisfied it is
necessary to restrict taking of water from waterways or from
groundwater in the area to:
(a) protect environmental or cultural values of water in the
area; or
(b) ensure the ongoing supply of water to persons with a right to
take water under this Part in the area.
(3) For subsection (2), the Minister must take into account the
(a) the characteristics of waterways and groundwater in the area;
(b) the amount of water allocated under water extraction licences
in the area;
(c) the amount of water permitted to be taken in the area in
accordance with a declaration under section 44(8) or 47(1);
(d) the amount of water taken each year by owners and occupiers
of land in the area under sections 11 and 14;
(e) availability of water in the area;
(f) any water allocation plan applying to the area;
(g) existing demand and likely future demand for water for
purposes mentioned in sections 11 and 14 in the area;
(h) the provisions of any agreement made by or on behalf of the
Territory with a State concerning the sharing of water;
(i) other factors the Minister considers should be taken into
account.
(4) A declaration under subsection (1) must:
(a) state the reasons for making the declaration; and
(b) describe the area of land to which the declaration applies; and
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(c) state the effect of the restrictions in the area and whether the
rights under section 11 or 14, or both, are restricted.