QLDIn ForceAct
Water Act 2000
sec.203BDirection to take action or direction not to take action
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### sec.203B Direction to take action or direction not to take action
The official may by a notice given to the relevant entity direct the entity in either or both of the following ways—
to take stated reasonable action within or for a stated reasonable period;
if the entity is the holder of a resource operations licence, direct the entity to operate stated water infrastructure, operated by the entity, in a stated way (for example, to release water from the infrastructure for the purpose of remedying the water quality issue) for a stated reasonable period
not to take stated action for a stated reasonable period.
The notice must also state—
the notice is given under this section; and
complying with the direction would or may be inconsistent with—
if the official is the Minister—a stated instrument of a type mentioned in section 203A (1) (c) ; or
if the official is the chief executive—a stated instrument of a type mentioned in section 203A (1) (c) (i) , (ii) , (iii) or (iv) ; and
the direction prevails over the instrument to the extent of any inconsistency with the instrument.
s 203B ins 2018 No. 24 s 259
(sec.203B-ssec.1) The official may by a notice given to the relevant entity direct the entity in either or both of the following ways— to take stated reasonable action within or for a stated reasonable period; if the entity is the holder of a resource operations licence, direct the entity to operate stated water infrastructure, operated by the entity, in a stated way (for example, to release water from the infrastructure for the purpose of remedying the water quality issue) for a stated reasonable period not to take stated action for a stated reasonable period.
(sec.203B-ssec.2) The notice must also state— the notice is given under this section; and complying with the direction would or may be inconsistent with— if the official is the Minister—a stated instrument of a type mentioned in section 203A (1) (c) ; or if the official is the chief executive—a stated instrument of a type mentioned in section 203A (1) (c) (i) , (ii) , (iii) or (iv) ; and the direction prevails over the instrument to the extent of any inconsistency with the instrument.
- (a) to take stated reasonable action within or for a stated reasonable period; Example— if the entity is the holder of a resource operations licence, direct the entity to operate stated water infrastructure, operated by the entity, in a stated way (for example, to release water from the infrastructure for the purpose of remedying the water quality issue) for a stated reasonable period
- (b) not to take stated action for a stated reasonable period.
- (a) the notice is given under this section; and
- (b) complying with the direction would or may be inconsistent with— (i) if the official is the Minister—a stated instrument of a type mentioned in section 203A (1) (c) ; or (ii) if the official is the chief executive—a stated instrument of a type mentioned in section 203A (1) (c) (i) , (ii) , (iii) or (iv) ; and
- (i) if the official is the Minister—a stated instrument of a type mentioned in section 203A (1) (c) ; or
- (ii) if the official is the chief executive—a stated instrument of a type mentioned in section 203A (1) (c) (i) , (ii) , (iii) or (iv) ; and
- (c) the direction prevails over the instrument to the extent of any inconsistency with the instrument.
- (i) if the official is the Minister—a stated instrument of a type mentioned in section 203A (1) (c) ; or
- (ii) if the official is the chief executive—a stated instrument of a type mentioned in section 203A (1) (c) (i) , (ii) , (iii) or (iv) ; and