A water permit that partially replaces an existing water entitlement (by authorising extraction from a different point in the same river system for the same purpose, within the same volumetric limits) can constitute an entitlement that 'merely replaces' the existing entitlement under s 22BA(4) of the Water Act 1912, and is therefore not invalidated by a gazetted order restricting new applications. The EPA Act and Water Act operate concurrently: a proponent pumping water from a creek requires both development consent from Council and a permit from the Ministerial Corporation.
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