Queensland Consolidated Regulations

WATER PLAN (BORDER RIVERS AND MOONIE) 2019 - REG 40

40 Limitations on taking or interfering with underground water in underground water management area—Act, s 101

(1) For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with—

(a) under a water entitlement or water permit; or

(b) under a seasonal water assignment notice; or

(c) for stock purposes or domestic purposes; or

(d) for relevant underground water—using existing underground water works.

(2) Subsection (1) (c) is subject to section 41 .

(3) In this section—

"existing underground water works" means works used, or capable of being used, to take or interfere with underground water to which this plan applies if—

(a) for underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area—

(i) the works were constructed before 6 July 2016; or

(ii) otherwise—

(A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and

(B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or

Note—

The Border Rivers Fractured Rock is an underground water unit.

(b) for underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or

Note—

The Queensland Murray-Darling Basin deep is an underground water unit.

(c) the works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) .

"relevant underground water" means underground water to which this plan applies from—

(a) the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or

(b) the Queensland Murray-Darling Basin deep.

Note—

The Border Rivers Fractured Rock and the Queensland Murray-Darling Basin deep are underground water units.