Limitation on taking overland flow water—Act, s 101
86 Limitation on taking overland flow water—Act, s 101
For section 101(1) of the Act, a person must not take overland flow water to which this plan applies under section 101(1)(b) of the Act, unless the water is taken—
for stock or domestic purposes; or
under a water licence; or
for another purpose using works that have a capacity of not more than 5ML; or
for a purpose the chief executive reasonably considers is for water sensitive urban design; or
to satisfy the requirements of—
an environmental authority under the Environmental Protection Act 1994; or
a development permit for carrying out an environmentally relevant activity, other than a mining activity or petroleum activity, under the Environmental Protection Act 1994; or
under an authority under section 87.
For subsection (1)(e), the volume of overland flow water taken must not be more than the amount necessary to satisfy the requirements of the environmental authority or development permit.
In this section—
water sensitive urban design means urban planning or design that includes integrated water cycle management.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.