WATER RESOURCES ACT 2007 - SECT 42 Waterway work licence—requirement

WATER RESOURCES ACT 2007 - SECT 42

    (1)     A person must not do waterway work if—

        (a)     the work adversely affects, or may adversely affect, the flow or quality of water, or the aquatic habitat, in the waterway; and

        (b)     the person does not have—

              (i)     a waterway work licence for the waterway work; or

              (ii)     authority for an activity that includes the waterway work under the Environment Protection Act 1997

.

    (2)     However, a waterway work licence is not required if the work to be undertaken is—

        (a)     the construction or alteration of—

              (i)     a water structure that has a capacity of less than 2ML and is not in a waterway; or

              (ii)     a structure prescribed by regulation; or

        (b)     undertaken as part of an authorised activity under the Environment Protection Act 1997

; or

        (c)     undertaken under an environmental protection agreement under the Environment Protection Act 1997

.