Water Plan (Border Rivers and Moonie) 2019
sec.41Taking or interfering with underground water from land in service area for stock purposes or domestic purposes
Start here
Get a plain-English read of sec.41
Turn the raw legal text into a practical explanation grounded in Water Plan (Border Rivers and Moonie) 2019.
sec.41 Taking or interfering with underground water from land in service area for stock purposes or domestic purposes
This section applies to underground water to which this plan applies if the water is— taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and taken from either of the following underground water units— the Border Rivers Alluvium; the Border Rivers Fractured Rock. The water may only be taken or interfered with using existing underground water works. In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— the works were— used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— constructed before 19 December 2014; or constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and The Border Rivers Alluvium is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) . service area means a service area for a retail water service to customers under the Water Supply (Safety and Reliability) Act 2008 . (sec.41-ssec.1) This section applies to underground water to which this plan applies if the water is— taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and taken from either of the following underground water units— the Border Rivers Alluvium; the Border Rivers Fractured Rock. (sec.41-ssec.2) The water may only be taken or interfered with using existing underground water works. (sec.41-ssec.3) In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— the works were— used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— constructed before 19 December 2014; or constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and The Border Rivers Alluvium is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) . service area means a service area for a retail water service to customers under the Water Supply (Safety and Reliability) Act 2008 .
- (a) taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and
- (b) taken from either of the following underground water units— (i) the Border Rivers Alluvium; (ii) the Border Rivers Fractured Rock.