QLDIn ForceAct
Water Act 2000
sec.1136DEffect of acquisition of part of land to which interim water allocation attaches
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### sec.1136D Effect of acquisition of part of land to which interim water allocation attaches
This section applies if, before the commencement of this section—
an interim water allocation was attached to land; and
part of the land was taken under the Acquisition of Land Act 1967 ; and
the remaining part of the land no longer adjoined the watercourse, lake or spring from which water could be taken under the allocation; and
no application was made under section 198(3) as in force immediately before the commencement.
The interim water allocation is taken to have been surrendered and the chief executive must deal with the allocation under section 197(3).
However subsection (2) does not apply if, within 60 business days after the commencement, the holder of the allocation satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation.
s 1136D ins 2005 No. 19 s 172
(sec.1136D-ssec.1) This section applies if, before the commencement of this section— an interim water allocation was attached to land; and part of the land was taken under the Acquisition of Land Act 1967 ; and the remaining part of the land no longer adjoined the watercourse, lake or spring from which water could be taken under the allocation; and no application was made under section 198(3) as in force immediately before the commencement.
(sec.1136D-ssec.2) The interim water allocation is taken to have been surrendered and the chief executive must deal with the allocation under section 197(3).
(sec.1136D-ssec.3) However subsection (2) does not apply if, within 60 business days after the commencement, the holder of the allocation satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation.
- (a) an interim water allocation was attached to land; and
- (b) part of the land was taken under the Acquisition of Land Act 1967 ; and
- (c) the remaining part of the land no longer adjoined the watercourse, lake or spring from which water could be taken under the allocation; and
- (d) no application was made under section 198(3) as in force immediately before the commencement.