sec.22DContinued effect of moratorium notice published on 25 June 2003 and subsequently amended— Act , s 46 (3)

sec.22D Continued effect of moratorium notice published on 25 June 2003 and subsequently amended— Act , s 46 (3)

This section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008. Subsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects— increase the amount of water that may be taken or interfered with; change the location from which the water may be taken or interfered with; increase the maximum rate for taking or interfering with the water. The application will not be accepted until the resource operations plan is approved. However, subsection (3) does not apply to an application— to reinstate, under section 221 of the Act , an expired water licence; or to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or to replace, under section 225 of the Act , an original licence with 2 or more water licences; or to replace, under section 229 of the Act , an expired licence with 1 or more water licences. Works to take groundwater must not be physically started. However, subsection (5) does not apply to the following works— works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion; works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008; works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ; works, replacing existing works, to be constructed within 10m of the existing works. Completed, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east. In this section— 149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. existing works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008. s 22D ins 2009 SL No. 212 s 27 (sec.22D-ssec.1) This section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008. (sec.22D-ssec.2) Subsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects— increase the amount of water that may be taken or interfered with; change the location from which the water may be taken or interfered with; increase the maximum rate for taking or interfering with the water. (sec.22D-ssec.3) The application will not be accepted until the resource operations plan is approved. (sec.22D-ssec.4) However, subsection (3) does not apply to an application— to reinstate, under section 221 of the Act , an expired water licence; or to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or to replace, under section 225 of the Act , an original licence with 2 or more water licences; or to replace, under section 229 of the Act , an expired licence with 1 or more water licences. (sec.22D-ssec.5) Works to take groundwater must not be physically started. (sec.22D-ssec.6) However, subsection (5) does not apply to the following works— works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion; works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008; works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ; works, replacing existing works, to be constructed within 10m of the existing works. (sec.22D-ssec.7) Completed, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east. (sec.22D-ssec.8) In this section— 149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. existing works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008.