Water Regulation 2016

For section 1046(1) of the Act, each area mentioned in schedule 17, part 1, column 1 is declared to be an underground water area and is given the name mentioned for the area.

The exact location of the boundary for each underground water area is held in digital electronic form by the department, and may be inspected at any of the department’s service centres.

A water entitlement is required to take or interfere with underground water in the Fraser Island underground water area, other than for a purpose mentioned in schedule 17, part 1, column 2 for the area.

A water entitlement, water permit or seasonal water assignment notice is required to take or interfere with underground water in another underground water area, other than for a purpose mentioned in schedule 17, part 1, column 2 for the area.

Works for taking underground water through a subartesian bore in an underground water area mentioned in schedule 17, part 1 are assessable development if they are—

for the Black River underground water area—not an exempt bore; and

for another underground water area—

not an exempt bore; or

not works for a prescribed activity.

To remove any doubt, it is declared that the taking or interfering with water for a prescribed activity in the Black River underground water area is limited to zero.

However, subsection (4), and the limitation mentioned in subsection (6), do not apply to the taking or interfering with water if the taking or interference—

is necessary for a prescribed activity in the Black River underground water area; and

is carried out using a bore lawfully constructed—

in the Black River underground water area; and

before 6 December 2016.