Queensland Consolidated Regulations

WATER REGULATION 2016 - REG 139

139 Declared underground water areas—Act, s 1046

(1) 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.

(2) 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.

Editor's note—

The location of a boundary may also be inspected through the interactive online tool called the Queensland Globe.

(3) 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.

(4) 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.

(5) 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—

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

(b) for another underground water area—

(i) not an exempt bore; or

(ii) not works for a prescribed activity.

Note—

For the regulation of works for the taking or interfering with underground water through an artesian bore, other than through a monitoring bore, see the Planning Regulation 2017 .

(6) 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.

Note—

See section 101 of the Act .

(7) 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—

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

(b) is carried out using a bore lawfully constructed—

(i) in the Black River underground water area; and

(ii) before 6 December 2016.