sec.101Authorisation that may be altered or limited by water planning instrument

### sec.101 Authorisation that may be altered or limited by water planning instrument A person may, subject to any relevant alteration or limitation prescribed under a moratorium notice, water plan or a regulation under section 1046 do the following— take water if doing so is necessary to carry out an activity prescribed by regulation; take overland flow water for any purpose; take or interfere with underground water for any purpose; take water that has been collected in a dam for any purpose other than a dam across a watercourse or lake. A regulation may prescribe limitations on the carrying out of an activity prescribed under subsection (1) (a) . Despite subsection (1) (b) , the alteration or limitation can not prevent a person from taking overland flow water, that is contaminated agricultural run-off, to the extent the taking is necessary to comply with an obligation on the person under the Environmental Protection Act 1994 . s 101 amd 2001 No. 75 s 21 ; 2005 No. 19 s 16 sub 2014 No. 64 ss 67 (1) , 68 (amd 2016 No. 60 s 15 (17) ) amd 2018 No. 24 s 247 (sec.101-ssec.1) A person may, subject to any relevant alteration or limitation prescribed under a moratorium notice, water plan or a regulation under section 1046 do the following— take water if doing so is necessary to carry out an activity prescribed by regulation; take overland flow water for any purpose; take or interfere with underground water for any purpose; take water that has been collected in a dam for any purpose other than a dam across a watercourse or lake. (sec.101-ssec.2) A regulation may prescribe limitations on the carrying out of an activity prescribed under subsection (1) (a) . (sec.101-ssec.3) Despite subsection (1) (b) , the alteration or limitation can not prevent a person from taking overland flow water, that is contaminated agricultural run-off, to the extent the taking is necessary to comply with an obligation on the person under the Environmental Protection Act 1994 . - (a) take water if doing so is necessary to carry out an activity prescribed by regulation; - (b) take overland flow water for any purpose; - (c) take or interfere with underground water for any purpose; - (d) take water that has been collected in a dam for any purpose other than a dam across a watercourse or lake.