Queensland Consolidated Regulations

WATER PLAN (PIONEER VALLEY) 2002 - REG 49ZB

49ZB Taking groundwater authorised

(1) Subject to this section, an owner of land in the groundwater management area may take groundwater for stock or domestic purposes.

(2) An owner of land in domestic area B or C may take groundwater for stock or domestic purposes using existing works or replacement works.

(3) An owner of land in domestic area B, other than a part of the area that is seawater intruded, on which there are no existing works may take groundwater using works constructed after 28 June 2008 if—

(a) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or

(b) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or

(c) part of the land is resumed by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the resumption is registered on or after 28 June 2008; or

(d) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008.

(4) An owner of land in domestic area C on which there are no existing works must not take groundwater using works constructed after 28 June 2008.

(5) An owner of land in a part of the groundwater management area that is seawater intruded and on which there are no existing works must not take groundwater using works constructed after the plan amendment day.

(6) In this section—

"existing works" means works that the chief executive is satisfied were used or capable of being used to take groundwater for stock or domestic purposes on 28 June 2008.

"replacement works" means works replacing existing works to be constructed within 10m of the existing works.