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reg 79

Limitation on taking overland flow water—Act, s 101

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Part 5Strategies for achieving outcomes
Division 8Overland flow water

79 Limitation on taking overland flow water—Act, s 101

(1)

This section prescribes limits, for section 101(1)(b) of the Act, on an authorisation for a person to take overland flow water under that section.

Note—

See section 101(3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off.

(2)

A person may not take overland flow water other than—

(a)

for stock purposes or domestic purposes; or

(b)

for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or

(c)

under a water licence; or

(d)

overland flow water of not more than the amount necessary to satisfy the requirements of—

(i)

an environmental authority issued under the Environmental Protection Act 1994; or

(ii)

a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994; or

(e)

under an authority under section 80.

(3)

In this section—

contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.

Editor’s note—

A copy of the code is available on the department’s website.

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