Water Plan (Burdekin Basin) 2007

Works to take overland flow water are existing overland flow works if the works—

were in existence on 17 January 2002; or

were started, but not completed, by 17 January 2002 and either—

if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act—have been, or are being, completed in accordance with the varied moratorium notice; or

if subparagraph (i) does not apply—were completed by 30 June 2002; or

are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.

Also, works that are a reconfiguration of works mentioned in subsection (1) (reconfigured works) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.

In this section—

average annual volume, of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period—

starting on the later of the following days (the start date)—

the day the water was first taken using the works before the works were reconfigured;

3 August 1997; and

ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.

repealed, for a section of the Act, means the section as in force from time to time before 6 December 2016.

section 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act.

section 42 moratorium notice means the moratorium notice—

published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and

as amended on 25 July 2002.