Water Plan (Border Rivers and Moonie) 2019
sec.39Limitations on taking overland flow water— Act , s 101
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sec.39 Limitations on taking overland flow water— Act , s 101
For section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless the water— is taken under a water entitlement or water permit; or is taken for stock purposes or domestic purposes; or is taken using— existing overland flow works located in the Granite Belt underground water sub-area; or notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area. See also section 101 (3) of the Act for when a person cannot be prevented from taking overland flow water that is contaminated agricultural run-off. However, subsection (1) (c) does not apply to the person if the person holds a water licence to take the overland flow water using the works. (sec.39-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless the water— is taken under a water entitlement or water permit; or is taken for stock purposes or domestic purposes; or is taken using— existing overland flow works located in the Granite Belt underground water sub-area; or notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area. See also section 101 (3) of the Act for when a person cannot be prevented from taking overland flow water that is contaminated agricultural run-off. (sec.39-ssec.2) However, subsection (1) (c) does not apply to the person if the person holds a water licence to take the overland flow water using the works.
- (a) is taken under a water entitlement or water permit; or
- (b) is taken for stock purposes or domestic purposes; or
- (c) is taken using— (i) existing overland flow works located in the Granite Belt underground water sub-area; or (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.
- (i) existing overland flow works located in the Granite Belt underground water sub-area; or
- (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.
- (i) existing overland flow works located in the Granite Belt underground water sub-area; or
- (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.