Water Plan (Fitzroy Basin) 2011
sec.110Limitation on taking overland flow water— Act , s 101
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sec.110 Limitation on taking overland flow water— Act , s 101
This section limits the overland flow water that may be taken under section 101 (1) of the Act . A person may only take overland flow water— for stock or domestic purposes; or for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; otherwise—50ML; or under a water licence; or of not more than the volume necessary to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter 8 ; or that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or under section 111 . In this section— coal seam gas water see the Environmental Protection Act 1994 , section 310D (7) . contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse. s 110 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2021 SL No. 71 s 33 (sec.110-ssec.1) This section limits the overland flow water that may be taken under section 101 (1) of the Act . (sec.110-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; otherwise—50ML; or under a water licence; or of not more than the volume necessary to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter 8 ; or that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or under section 111 . (sec.110-ssec.3) In this section— coal seam gas water see the Environmental Protection Act 1994 , section 310D (7) . contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.