Australian Capital Territory Numbered Acts

WATER RESOURCES AMENDMENT ACT 2005 (NO. 35 OF 2005 ) - SECT 4

insert

35A     Licences for utilities

    (1)     A utility that has an allocation and a licence to take water from a waterway may take water under the allocation from—

        (a)     the subcatchment stated in the allocation; or

        (b)     any other subcatchment in the waterway; or

        (c)     any subcatchment in any other waterway for which the utility holds an allocation and a licence to take water.

    (2)     However, a utility may act under subsection (1) (b) and (c) only if—

        (a)     the environmental flow required under the guidelines and the licence is maintained in each waterway from which the water is taken; and

        (b)     the total volume of water taken by the utility is not greater than the total volume stated in all allocations held by the utility.

    (3)     This section applies despite any condition of an allocation or licence held by the utility.

    (4)     In this section:

"subcatchment" means a subcatchment described in the management plan.

"utility" means a utility licensed under the Utilities Act 2000 to provide a water service.