This legislation has been repealed.
124—Right to take water subject to certain requirements
(1) Subject to this
Act and to any other Act or law to the contrary, a person who has lawful
access to a watercourse, lake or well may take water from the watercourse,
lake or well for any purpose.
(2) Subject to this
Act and to any other Act or law to the contrary, the occupier of land is
entitled to take surface water from the land for any purpose.
(2a) Subject to this
Act, any other Act or law to the contrary, any provision made by the
regulations, or the provisions of a stormwater management plan incorporated
into a regional NRM plan under section 89(1)(b)
, a person who has lawful access to any stormwater infrastructure may take
water from the infrastructure for any purpose.
(3) However, subject
to subsections (4)
, (6) and (6a) —
(a)
—
(i)
an authorisation under section 128
; or
(ii)
a water allocation that relates to the relevant water
resource,
is required to take water from a prescribed watercourse, lake or well or to
take water from a surface water prescribed area; and
(b) a
person must not take water from a watercourse, lake or well that is not
prescribed if to do so—
(i)
would detrimentally affect the ability of another person
to exercise a right to take water from the watercourse or lake or from the
same underground aquifer; or
(ii)
would detrimentally affect the enjoyment of the amenity
of water in the watercourse or lake by the occupier of land—
(A) that adjoins the watercourse or through
which the watercourse runs; or
(B) that adjoins the lake or on which the
lake is situated.
(4) Subsection (3)
does not apply to the taking of water if—
(a) the
water is taken by the occupier of land from—
(i)
a watercourse that adjoins or runs through the land; or
(ii)
a lake that adjoins or is on the land; or
(iii)
a well that is on the land; or
(b) the
water is surface water and is taken by the occupier of land from the land,
and is used by the occupier for domestic purposes or for watering stock (other
than stock subject to intensive farming).
(5) Subsection (4)
does not apply to the taking of water from a prescribed watercourse, lake or
well or the taking of surface water from a surface water prescribed area if
the regulation declaring the watercourse, lake or well or the surface water
prescribed area excludes the operation of that subsection.
(6) Subsection (3)
does not apply to the taking of water for the purposes of drinking or cooking
by the person who takes it or by a person to whom he or she gives the water if
the rate at which the water is taken does not exceed the rate prescribed by
regulation.
(6a) Subsection (3)
does not apply—
(a) to
the taking of water from stormwater infrastructure in circumstances prescribed
by regulation; or
(b) to
the taking of water from stormwater infrastructure, or a part of
stormwater infrastructure, brought within the ambit of this paragraph by
regulation.
(7) Despite the other
provisions of this section, water must not be taken contrary to the provisions
of an NRM plan that applies in relation to that water unless the water is
taken pursuant to an authorisation under section 128
or a water allocation that relates to the relevant water resource.
(7a) This section
operates subject to any requirement to have a licence with respect to a
commercial forest under Part 5A .
(8) Rights at common
law in relation to the taking of naturally occurring water are abolished.