Limitation on taking overland flow water—Act, s 101
110 Limitation on taking overland flow water—Act, s 101
This section limits the overland flow water that may be taken under section 101(1) of the Act.
A person may only take overland flow water—
for stock or domestic purposes; or
for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following—
for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML;
otherwise—50ML; or
under a water licence; or
of not more than the volume necessary to satisfy the requirements of the following—
an environmental authority issued under the Environmental Protection Act 1994;
a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994; or
that is contaminated agricultural runoff water; or
that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011, chapter 8; or
that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or
under section 111.
In this section—
coal seam gas water see the Environmental Protection Act 1994, section 310D(7).
contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.
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