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reg 11

Decisions about taking overland flow water

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Part 4Strategies for achieving outcomes
Division 2Regulation of overland flow water

11 Decisions about taking overland flow water

(1)

In deciding an application under the Act about taking overland flow water, the chief executive must consider whether granting the application is likely to adversely affect—

(a)

cultural values, including, for example, cultural values of local Aboriginal communities; or

(b)

natural aquatic ecosystems, including, for example, natural wetlands; or

(c)

users of overland flow water downstream of the area to which the application relates; or

(d)

connections between waterholes, particularly at times of low flow; or

(e)

the floodplain downstream of the area to which the application relates.

Note—

See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.

(2)

However, subsection (1) does not apply to an application—

(a)

for a water permit; or

(b)

to reinstate or replace an expired licence.

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