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reg 26A

Particular applications for water licences that must not be accepted

In force
Part 5Strategies for achieving outcomes
Division 1BApplications for water licences to take or interfere with surface water

26A Particular applications for water licences that must not be accepted

(1)

This section does not apply to an application for a water licence if—

(a)

section 26 applies to the application; or

(b)

the application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or

(c)

the application—

(i)

is made as part of the process mentioned in section 33A(2) for releasing unallocated water; and

(ii)

is for a licence to take—

(A)

surface water held as a general reserve in subcatchment area E, F or G; or

(B)

surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.

(2)

An application for a water licence must not be accepted under section 107 of the Act if the application is for a water licence to—

(a)

take surface water and use the water on the land; or

(b)

interfere with the flow of surface water on, under or adjoining the land.

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