Water Plan (Mitchell) 2007
sec.40Taking declared water using existing water bores authorised
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sec.40 Taking declared water using existing water bores authorised
This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water. The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan. Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section 41 . Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner. In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003. (sec.40-ssec.1) This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water. (sec.40-ssec.2) The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan. (sec.40-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section 41 . (sec.40-ssec.4) Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner. (sec.40-ssec.5) In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.
- (a) after the notice is given; and
- (b) until the owner is granted a water licence under section 41 .