Water Plan (Mary Basin) 2024
sec.28Limitations on taking or interfering with underground water in underground water management area— Act , s 101
Start here
Get a plain-English read of sec.28
Turn the raw legal text into a practical explanation grounded in Water Plan (Mary Basin) 2024.
sec.28 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 in the underground water management area unless the water is taken or interfered with— under a water entitlement or water permit; or for stock purposes or domestic purposes using existing underground water works. 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 28 July 2006; or during a period when the owner of the works did not have access to a reticulated town water supply; or are a replacement water bore that replaces works mentioned in subparagraph (i) . replacement water bore see the Water Regulation 2016 , schedule 19 . (sec.28-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 in the underground water management area unless the water is taken or interfered with— under a water entitlement or water permit; or for stock purposes or domestic purposes using existing underground water works. (sec.28-ssec.2) 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 28 July 2006; or during a period when the owner of the works did not have access to a reticulated town water supply; or are a replacement water bore that replaces works mentioned in subparagraph (i) . replacement water bore see the Water Regulation 2016 , schedule 19 .
- (a) under a water entitlement or water permit; or
- (b) for stock purposes or domestic purposes 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— (A) before 28 July 2006; or (B) during a period when the owner of the works did not have access to a reticulated town water supply; or (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .
- (i) were constructed— (A) before 28 July 2006; or (B) during a period when the owner of the works did not have access to a reticulated town water supply; or
- (A) before 28 July 2006; or
- (B) during a period when the owner of the works did not have access to a reticulated town water supply; or
- (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .
- (i) were constructed— (A) before 28 July 2006; or (B) during a period when the owner of the works did not have access to a reticulated town water supply; or