sec.38Limitations on taking or interfering with underground water in underground water management area— Act , s 101

sec.38 Limitations on taking or interfering with underground water in underground water management area— Act , s 101

For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with— under a water entitlement or water permit; or under a seasonal water assignment notice; or for stock purposes or domestic purposes; or for underground water in the Queensland Murray-Darling Basin deep—using existing underground water works. Subsection (1) (c) is subject to section 39 . In this section— existing underground water works means works that— are used, or are capable of being used, to take or interfere with underground water to which this plan applies; and either— were constructed before the commencement; or are a replacement water bore that replaces works mentioned in subparagraph (i) . (sec.38-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with— under a water entitlement or water permit; or under a seasonal water assignment notice; or for stock purposes or domestic purposes; or for underground water in the Queensland Murray-Darling Basin deep—using existing underground water works. (sec.38-ssec.2) Subsection (1) (c) is subject to section 39 . (sec.38-ssec.3) In this section— existing underground water works means works that— are used, or are capable of being used, to take or interfere with underground water to which this plan applies; and either— were constructed before the commencement; or are a replacement water bore that replaces works mentioned in subparagraph (i) .

• (a) under a water entitlement or water permit; or
• (b) under a seasonal water assignment notice; or
• (c) for stock purposes or domestic purposes; or
• (d) for underground water in the Queensland Murray-Darling Basin deep—using existing underground water works.
• (a) are used, or are capable of being used, to take or interfere with underground water to which this plan applies; and
• (b) either— (i) were constructed before the commencement; or (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .
• (i) were constructed before the commencement; or
• (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .
• (i) were constructed before the commencement; or
• (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .