Queensland Consolidated Regulations

WATER PLAN (BORDER RIVERS AND MOONIE) 2019 - REG 38

38 Limitations on taking water for particular activities—Act, s 101

(1) For section 101 (1) of the Act —

(a) the combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and

(b) a person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works.

(2) Subsection (1) (b) does not apply to underground water to which this plan applies taken from the following underground water units—

(a) the St George Alluvium (shallow);

(b) the sediments above the Great Artesian Basin;

(c) the Queensland Murray-Darling Basin deep.

(3) In this section—

"existing works" means works—

(a) that are used, or capable of being used, to take or interfere with water; and

(b) to which 1 of the following applies—

(i) the works were constructed before the commencement;

(ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ;

(iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .