sec.79Limitation on taking overland flow water— Act , s 101

sec.79 Limitation on taking overland flow water— Act , s 101

This section prescribes limits, for section 101 (1) (b) of the Act , on an authorisation for a person to take overland flow water under that section. See section 101 (3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off. A person may not take overland flow water other than— for stock purposes or domestic purposes; or for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or under an authority under section 80 . In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website. s 79 amd 2013 Act No. 23 s 352 sch 1 pt 2 ; 2017 SL No. 7 s 31 ; 2019 SL No. 120 s 41 (sec.79-ssec.1) This section prescribes limits, for section 101 (1) (b) of the Act , on an authorisation for a person to take overland flow water under that section. See section 101 (3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off. (sec.79-ssec.2) A person may not take overland flow water other than— for stock purposes or domestic purposes; or for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or under an authority under section 80 . (sec.79-ssec.3) In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.

• (a) for stock purposes or domestic purposes; or
• (b) for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or
• (c) under a water licence; or
• (d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or