Queensland Numbered Acts

WATER AND OTHER LEGISLATION AMENDMENT ACT 2007 No. 57 - SECT 63

Chapter 2, part 2--

insert--

'(1) The commission may apply for written approval for the power to impose a restriction on the use of subartesian water, taken under section 20(6) for a purpose other than stock purposes, by a customer of a water service provider in the SEQ region or a designated region.

'(2) A water service provider may apply for written approval for the power to impose a restriction on the use of subartesian water, taken under section 20(6) for a purpose other than stock purposes, by a customer of the water service provider in an area outside the SEQ region or a designated region.

'(3) The application must be--

(a) made to the chief executive in writing; and

(b) supported by sufficient information to enable the chief executive to decide the application.

'(4) The chief executive may ask the applicant for additional information about the application.

'(1) The chief executive must give the approval if the chief executive is satisfied that--

(a) the subartesian water and the water service provider's water supply for a retail water service is being taken from the same source; and

(b) the taking of the subartesian water may threaten the security of the water service provider's water supply for the retail water service; and

(c) commission water restrictions or service provider water restrictions have been imposed, or are about to be imposed, in relation to the water supply.

'(2) If the chief executive is not satisfied about the matters mentioned in subsection (1)(a), (b) and (c), the chief executive must refuse to give the approval.

'(3) The approval may be given with or without conditions.

'(1) If the chief executive gives the approval, the chief executive must, within 30 business days after giving the approval, give the applicant a notice advising the applicant about the approval.

'(2) If the chief executive refuses to give the approval, the chief executive must, within 30 business days after refusing to give the approval, give the applicant a notice advising the applicant of the reasons why the approval was refused.

'(1) This section applies if the chief executive gives the approval to the commission.

'(2) The commission may impose a restriction on the use of the subartesian water by a customer of a service provider in the SEQ region or a designated area.

'(3) The restriction may be no more onerous than a commission water restriction currently imposed on the customer.

'(4) For sections 360ZE to 360ZG, a restriction on the use of subartesian water under this section is taken to be a commission water restriction.

'(5) In this section, the power to restrict includes the power to prohibit.

'(1) This section applies if the chief executive gives the approval to a water service provider.

'(2) The water service provider may impose a restriction on the use of the subartesian water by a customer of the water service provider in an area outside the SEQ region or a designated region.

'(3) The restriction may be no more onerous than a service provider water restriction currently imposed on the customer.

'(4) For section 389, a restriction on the use of subartesian water under this section is taken to be a service provider water restriction.

'(5) In this section, the power to restrict includes the power to prohibit.'.