Water Plan (Burnett Basin) 2014
sec.106Granting water licences
Start here
Get a plain-English read of sec.106
Turn the raw legal text into a practical explanation grounded in Water Plan (Burnett Basin) 2014.
sec.106 Granting water licences
This section does not apply in relation to groundwater in— the Ban Ban Springs groundwater management area; or the Barker Creek groundwater management area. The chief executive may, under section 212 of the Act , grant a water licence— to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or to an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010. The water licence must be consistent with this part. In this section— commitment , for a groundwater-dependent activity, means that any of the following applies— infrastructure for taking or distributing groundwater has been constructed; a financial commitment to the construction of the infrastructure has been made; local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held. A loan has been granted for the activity on the basis that irrigation would be permitted. groundwater-dependent activity means an activity that uses groundwater, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise. (sec.106-ssec.1) This section does not apply in relation to groundwater in— the Ban Ban Springs groundwater management area; or the Barker Creek groundwater management area. (sec.106-ssec.2) The chief executive may, under section 212 of the Act , grant a water licence— to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or to an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010. (sec.106-ssec.3) The water licence must be consistent with this part. (sec.106-ssec.4) In this section— commitment , for a groundwater-dependent activity, means that any of the following applies— infrastructure for taking or distributing groundwater has been constructed; a financial commitment to the construction of the infrastructure has been made; local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held. A loan has been granted for the activity on the basis that irrigation would be permitted. groundwater-dependent activity means an activity that uses groundwater, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise.
- (a) the Ban Ban Springs groundwater management area; or
- (b) the Barker Creek groundwater management area.
- (a) to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or