Water Plan (Wet Tropics) 2013
sec.22Continued effect of moratorium notice— Act , s 46 (3)
Start here
Get a plain-English read of sec.22
Turn the raw legal text into a practical explanation grounded in Water Plan (Wet Tropics) 2013.
sec.22 Continued effect of moratorium notice— Act , s 46 (3)
This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013. Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; change the purpose for which the water may be taken or interfered with. However, subsection (2) does not apply to an application— to replace a water licence under section 229 of the Act ; or to reinstate an expired water licence under section 221 of the Act ; or for a water permit; or to subdivide an existing water licence or amalgamate 2 or more existing water licences. (sec.22-ssec.1) This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013. (sec.22-ssec.2) Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; change the purpose for which the water may be taken or interfered with. (sec.22-ssec.3) However, subsection (2) does not apply to an application— to replace a water licence under section 229 of the Act ; or to reinstate an expired water licence under section 221 of the Act ; or for a water permit; or to subdivide an existing water licence or amalgamate 2 or more existing water licences.
- (a) increase the amount of water that may be taken;
- (b) change the location from which water may be taken;
- (c) increase the rate at which water may be taken;
- (d) change the flow conditions under which water may be taken;
- (e) change the purpose for which the water may be taken or interfered with.
- (a) to replace a water licence under section 229 of the Act ; or
- (b) to reinstate an expired water licence under section 221 of the Act ; or
- (c) for a water permit; or
- (d) to subdivide an existing water licence or amalgamate 2 or more existing water licences.