Queensland Numbered Acts

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WATER AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 40 - SECT 10

10 Replacement of s 37 (Notice of works and water use)

Section 37—

omit, insert—

'(1) This section applies to works for taking or interfering with water if the taking or interfering with the water is not authorised under a water entitlement.

'(2) The chief executive may, by publishing a notice (the chief executive's notice), require the owner of land on which the works are, or are to be, constructed to give the chief executive notice (the owner's notice) of the works and the water use or, for works to be constructed, proposed water use, relating to the works.

'(3) The chief executive's notice—

(a) may require the owner's notice to be in the approved form; and
(b) must state—
(i) the part of the State to which the chief executive's notice applies; and
(ii) the type of works required to be notified by the owner, including the purpose and size of the works; and
(iii) whether the chief executive's notice relates to 1 or more of the following—
(A) existing works;
(B) works under construction;
(C) on their completion, works constructed in the future; and
(iv) the day by which the owner's notice must be given to the chief executive.

'(4) The chief executive's notice remains in force for the period stated in the notice or, if no period is stated, until the chief executive publishes another notice withdrawing the first notice.

'(5) A person to whom the chief executive's notice applies must comply with the notice.

Maximum penalty—20 penalty units.

'(6) As soon as practicable after the chief executive's notice is published, the chief executive must conduct public meetings in the part of the State to which the notice applies to explain the requirements of the notice to land owners.'.



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