Queensland Consolidated Regulations

WATER PLAN (FITZROY BASIN) 2011 - REG 111

111 Taking water using particular existing overland flow works authorised

(1) This section applies to the following—

(a) a person (the
"prescribed person" ) who is the owner of land on which are located existing overland flow works, other than prescribed works;

(b) the holder (the
"prescribed tenure holder)" of—

(i) a mining tenement for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the mining tenement; or

(ii) a petroleum tenure for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the petroleum tenure.

(2) A prescribed tenure holder may continue to use the overland flow works mentioned in subsection (1) (b) to take overland flow water for 1 year after the commencement of this section.

(3) Subsection (4) applies if a prescribed person or prescribed tenure holder—

(a) gives the chief executive notice of the overland flow works mentioned in subsection (1) (a) or (b) , in the approved form, and any further information required by the chief executive about the works; or

(b) gave notice of the overland flow works mentioned in subsection (1) (a) or (b) under section 28D of the previous plan.

(4) The prescribed person or prescribed tenure holder may continue to use the overland flow works to take overland flow water—

(a) after the prescribed person or prescribed tenure holder gives the notice and information mentioned in subsection (3) (a) ; or

(b) if the prescribed person gave notice under section 28D of the previous plan—from the commencement of this plan.

(5) In this section—

"mining tenement" see the Mineral Resources Act 1989 .

"prescribed works" means existing overland flow works for taking only the overland flow water that may be taken under section 110 (2) (a) to (g) .

"previous plan" means the repealed Water Resource (Fitzroy Basin) Plan 1999 .