Queensland Consolidated Regulations

WATER RESOURCE (WHITSUNDAY) PLAN 2010 - REG 73

73 Taking groundwater using existing works

(1) This section applies to an owner of land in the undeclared area on which there are works (
"existing works" ) that the chief executive is satisfied were used, or capable of being used, to take groundwater for any purpose other than stock or domestic purposes immediately before the plan notification day.

(2) The owner may continue to take groundwater in the undeclared area using the existing works for 1 year after the plan notification day.

(3) If the owner gives the chief executive notice in the approved form of the existing works within 1 year after the plan notification day, the owner may continue to take groundwater in the undeclared area using the works.

(4) However, an authorisation under this section ceases to apply to an owner in relation to existing works if the owner is granted a water licence relating to the works.

(5) In this section—

"undeclared area" means all parts of the plan area other than the area that, immediately before the plan notification day, was declared under section 1046 of the Act as the Proserpine subartesian area.