WATER ACT 1992 - SECT 14B Effect of Restricted Water Extraction Area declaration

WATER ACT 1992 - SECT 14B

    (1)     A subdivision of land in a Restricted Water Extraction Area results in the same number of owners of land having the right under section 11 or 14 that is restricted as did immediately before the subdivision.

Example for subsection (1)

An owner of land in a Restricted Water Extraction Area where taking groundwater is restricted subdivides the land into 2 lots. On one of the new lots the owner will be able to take groundwater for use on the lot. On the second new lot the owner will not be able to take groundwater.

    (2)     A consolidation of land in a Restricted Water Extraction Area results in the same number of owners of land having the right under section 11 or 14 that is restricted as did immediately before the consolidation or, if the consolidation results in fewer owners of land, that number.

Example for subsection (2)

There are 3 adjacent lots in a Restricted Water Extraction Area where taking surface water is restricted. The 3 lots are consolidated into 2 lots. The owners of the 2 new lots will be able to take surface water for use on each lot.

    (3)     For subsections (1) and (2), subdivision or consolidation is:

        (a)     subdivision or consolidation of land under Part 2A, 4 or 5 of the Planning Act 1999 ; or

        (b)     preparation of a scheme statement under Part 2.3, Division 1 of the Unit Title Schemes Act 2009 or lodgement of a scheme statement under section 111(1) of the Act for subdivision or consolidation of land; or

        (c)     preparation of a units plan of subdivision or units plan of consolidation under Part IIIA of the Unit Titles Act 1975 for land.

Note for section 14B

Section 14B prevents an owner of land creating more rights to take water by subdividing or consolidating the land.