sec.28Limitation on taking overland flow water— Act , s 101

sec.28 Limitation 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 licence; or the water is taken for stock purposes or domestic purposes; or the water is taken using existing works in the plan area and the take of overland flow water is authorised under the water management protocol; or the water is taken using works, other than existing works, if— the chief executive received a notice about the construction of the works before 31 July 2018; and if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and the take of water is authorised under the water management protocol; or the water is taken in a catchment, other than the Normanby catchment, using works that have a capacity of not more than 50ML. See section 101 (3) of the Act for when a person can not be prevented from taking overland flow water that is contaminated agricultural run-off.

• (a) the water is taken under a water licence; or
• (b) the water is taken for stock purposes or domestic purposes; or
• (c) the water is taken using existing works in the plan area and the take of overland flow water is authorised under the water management protocol; or
• (d) the water is taken using works, other than existing works, if— (i) the chief executive received a notice about the construction of the works before 31 July 2018; and (ii) if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and (iii) the take of water is authorised under the water management protocol; or
• (i) the chief executive received a notice about the construction of the works before 31 July 2018; and
• (ii) if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and
• (iii) the take of water is authorised under the water management protocol; or
• (e) the water is taken in a catchment, other than the Normanby catchment, using works that have a capacity of not more than 50ML.
• (i) the chief executive received a notice about the construction of the works before 31 July 2018; and
• (ii) if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and
• (iii) the take of water is authorised under the water management protocol; or