sec.1046Declared underground water areas

### sec.1046 Declared underground water areas A regulation may declare an area to be an underground water area. A regulation made under subsection (1) may, for an underground water area— regulate the taking of, or interfering with, underground water; and state the types of works for taking or interfering with underground water that are assessable development or accepted development under the Planning Act. Subsection (2) has effect for the area, or a part of the area, until a water plan is approved for underground water in the area, or part of the area. Subsections (4A) to (7) apply if, immediately before a regulation declares an area to be an underground water area— a person is an owner of land in the area on which works for taking or interfering with underground water under section 101(1)(c) are situated; and the works are capable of being used to take or interfere with underground water. On a regulation declaring the area to be an underground water area, the person may continue to use the works to take or interfere with water until the chief executive grants a water licence to the person. The chief executive may grant a water licence to the person without an application being made under section 107. If, after a regulation declares an area to be an underground water area, a person is using works in the area for taking or interfering with underground water under a water licence that expires or is surrendered or cancelled, the chief executive may not grant a water licence to the person, or reinstate or replace the expired licence, under this subsection. Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and an information notice about the granting of the licence. The licence has effect from the day the licence is given to the licensee. s 1046 amd 2001 No. 75 s 103 ; 2003 No. 25 s 139 ; 2005 No. 42 s 52 sch 1 ; 2006 No. 59 s 85 sch ; 2008 No. 34 s 744 ; 2009 No. 36 s 872 sch 2 ; 2013 No. 23 s 352 sch 1 pt 2 ; 2014 No. 64 ss 194 , 254 sch 1 ; 2016 No. 27 s 684 ; 2018 No. 24 s 282 sch 1 (sec.1046-ssec.1) A regulation may declare an area to be an underground water area. (sec.1046-ssec.2) A regulation made under subsection (1) may, for an underground water area— regulate the taking of, or interfering with, underground water; and state the types of works for taking or interfering with underground water that are assessable development or accepted development under the Planning Act. (sec.1046-ssec.3) Subsection (2) has effect for the area, or a part of the area, until a water plan is approved for underground water in the area, or part of the area. (sec.1046-ssec.4) Subsections (4A) to (7) apply if, immediately before a regulation declares an area to be an underground water area— a person is an owner of land in the area on which works for taking or interfering with underground water under section 101(1)(c) are situated; and the works are capable of being used to take or interfere with underground water. (sec.1046-ssec.4A) On a regulation declaring the area to be an underground water area, the person may continue to use the works to take or interfere with water until the chief executive grants a water licence to the person. (sec.1046-ssec.5) The chief executive may grant a water licence to the person without an application being made under section 107. If, after a regulation declares an area to be an underground water area, a person is using works in the area for taking or interfering with underground water under a water licence that expires or is surrendered or cancelled, the chief executive may not grant a water licence to the person, or reinstate or replace the expired licence, under this subsection. (sec.1046-ssec.6) Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and an information notice about the granting of the licence. (sec.1046-ssec.7) The licence has effect from the day the licence is given to the licensee. - (a) regulate the taking of, or interfering with, underground water; and - (b) state the types of works for taking or interfering with underground water that are assessable development or accepted development under the Planning Act. - (a) a person is an owner of land in the area on which works for taking or interfering with underground water under section 101(1)(c) are situated; and - (b) the works are capable of being used to take or interfere with underground water.