s 110

Application of State laws to the Commonwealth Environmental Water Holder

In force

(1)

Any requirement of a law of a Basin State that prevents a person from:

(a)

using, on land that the person does not own, water available under a water access right; or

(b)

obtaining a licence that would authorise the use, on land that the person does not own, of water available under a water access right;

does not apply to the Commonwealth Environmental Water Holder in relation to the use of Commonwealth water holdings:

(c)

to water declared Ramsar wetlands; or

(d)

to water water dependent ecosystems that support:

(i)

listed threatened species (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999); or

(ii)

listed threatened ecological communities (within the meaning of that Act); or

(iii)

listed migratory species (within the meaning of that Act); or

(e)

to water sites specified in the regulations.

(2)

This section does not authorise the environmental watering of land without the consent of the owner of the land.

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