Queensland Consolidated Regulations

WATER PLAN (BURNETT BASIN) 2014 - REG 91

91 Limitation on taking overland flow water—Act, s 20

(1) This section limits the overland flow water that may be taken under section 20 (2) (b) of the Act in the Coastal Burnett overland flow area.

(2) A person may only take overland flow water in the Coastal Burnett overland flow area—

(a) for stock or domestic purposes; or

(b) for another purpose if the works that allow the taking of overland flow water are not existing overland flow works and have a capacity of not more than 20ML; or

(c) under a water licence; or

(d) subject to subsection (3) , to satisfy the requirements of the following—

(i) an environmental authority issued under the Environmental Protection Act 1994 ;

(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or

(e) that is contaminated agricultural run-off water; or

(f) that is incidental to the operation of a storage facility constructed to store water, other than overland flow water, in a catchment area of not more than 25ha; or

(g) for any purpose if the works that allow the taking of overland flow water are existing overland flow works.

(3) A person who takes overland flow water under subsection (2) (d) may not take more than the volume necessary to satisfy the requirements of the environmental authority or the development permit.

(4) In this section—

"contaminated agricultural run-off water" means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels that are harmful or potentially harmful to the quality of water in a watercourse.