28Licence to take water—requirement

28 Licence to take water—requirement (1) A person must not take water from a place if the person does not have a licence to take the water from the place. (2) However, a licence is not required for— (a) the taking of water from a waterway— (i) for camping or similar purposes; or (ii) for watering travelling stock; or Examples—par (a) (i) 1 bushwalking 2 picnicking (b) the taking of rainwater from a rainwater tank that— (i) has been installed in accordance with a development approval under the Planning Act 2023, chapter 7 (Development assessment and approvals); or (ii) is an exempt development within the meaning of that Act; or (c) the owner or occupier of land on or immediately adjacent to which there is a waterway who takes water from the waterway, or surface water from the land, for stock or domestic use; or (d) the exercise or purported exercise by a relevant person of a function under the Emergencies Act 2004 for the purpose of— (i) protecting life or property; or (ii) controlling, extinguishing or preventing the spread of a fire; or

(e) the taking of water by a person who is exempt under a regulation from the requirement to have a licence. emergency controller—see the Emergencies Act 2004, dictionary. relevant person means— (a) an emergency controller; or (b) a member of the ambulance service; or (c) a member of the fire and rescue service; or (d) a member of the rural fire service; or (e) a member of the SES; or (f) any other person under the control of— (i) an emergency controller; or (ii) the chief officer (ambulance service); or (iii) the chief officer (fire and rescue service); or (iv) the chief officer (rural fire service); or (v) the chief officer (SES); or (g) a police officer.