QLDIn ForceAct
Water Act 2000
sec.813Contravening licence condition
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### sec.813 Contravening licence condition
A holder of a resource operations licence, a distribution operations licence, an interim resource operations licence or an operations licence must not contravene a condition of the licence.
Maximum penalty—1,665 penalty units.
Subsection (1) does not apply to a contravention for which a licence has been cancelled.
Subsection (4) applies if—
the resource operations licence authorises the holder of the licence to interfere with the flow of water to the extent necessary to operate a dam; and
a condition of the licence relates to the full supply level for the dam; and
under the Water Supply Act —
a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of that Act; or
the full supply level for the dam is reduced under chapter 4 , part 4 of that Act.
A reference in the resource operations licence to the full supply level for the dam is taken to be a reference to—
if a declaration is in force for a temporary full supply level—the temporary full supply level declared for the dam; or
if the full supply level for the dam is reduced—the reduced full supply level; or
if both paragraphs (a) and (b) apply to the dam—the lower of the temporary full supply level and the reduced full supply level.
s 813 amd 2005 No. 19 s 142 ; 2014 No. 64 s 173 ; 2017 No. 11 s 4
(sec.813-ssec.1) A holder of a resource operations licence, a distribution operations licence, an interim resource operations licence or an operations licence must not contravene a condition of the licence. Maximum penalty—1,665 penalty units.
(sec.813-ssec.2) Subsection (1) does not apply to a contravention for which a licence has been cancelled.
(sec.813-ssec.3) Subsection (4) applies if— the resource operations licence authorises the holder of the licence to interfere with the flow of water to the extent necessary to operate a dam; and a condition of the licence relates to the full supply level for the dam; and under the Water Supply Act — a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of that Act; or the full supply level for the dam is reduced under chapter 4 , part 4 of that Act.
(sec.813-ssec.4) A reference in the resource operations licence to the full supply level for the dam is taken to be a reference to— if a declaration is in force for a temporary full supply level—the temporary full supply level declared for the dam; or if the full supply level for the dam is reduced—the reduced full supply level; or if both paragraphs (a) and (b) apply to the dam—the lower of the temporary full supply level and the reduced full supply level.
- (a) the resource operations licence authorises the holder of the licence to interfere with the flow of water to the extent necessary to operate a dam; and
- (b) a condition of the licence relates to the full supply level for the dam; and
- (c) under the Water Supply Act — (i) a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of that Act; or (ii) the full supply level for the dam is reduced under chapter 4 , part 4 of that Act.
- (i) a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of that Act; or
- (ii) the full supply level for the dam is reduced under chapter 4 , part 4 of that Act.
- (i) a declaration is in force for a temporary full supply level for the dam under chapter 4 , part 3 of that Act; or
- (ii) the full supply level for the dam is reduced under chapter 4 , part 4 of that Act.
- (a) if a declaration is in force for a temporary full supply level—the temporary full supply level declared for the dam; or
- (b) if the full supply level for the dam is reduced—the reduced full supply level; or
- (c) if both paragraphs (a) and (b) apply to the dam—the lower of the temporary full supply level and the reduced full supply level.