Restricted Water Extraction Area declaration
14A Restricted Water Extraction Area declaration
(1) The Minister may, by Gazette notice, declare an area of land to be an area where the right to take water under section 11 or 14 is restricted when the land is subdivided or consolidated.
(2) Before making the declaration, the Minister must be satisfied it is necessary to restrict taking of water from waterways or from groundwater in the area to:
protect environmental or cultural values of water in the area; or
(b) ensure the ongoing supply of water to persons with a right to take water under this Part in the area.
(3) For subsection (2), the Minister must take into account the following:
the characteristics of waterways and groundwater in the area;
(b) the amount of water allocated under water extraction licences in the area;
(c) the amount of water permitted to be taken in the area in accordance with a declaration under section 44(8) or 47(1);
(d) the amount of water taken each year by owners and occupiers of land in the area under sections 11 and 14;
availability of water in the area;
any water allocation plan applying to the area;
(g) existing demand and likely future demand for water for purposes mentioned in sections 11 and 14 in the area;
(h) the provisions of any agreement made by or on behalf of the Territory with a State concerning the sharing of water;
(i) other factors the Minister considers should be taken into account.
A declaration under subsection (1) must:
state the reasons for making the declaration; and
describe the area of land to which the declaration applies; and
(c) state the effect of the restrictions in the area and whether the rights under section 11 or 14, or both, are restricted.
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