WATER ACT 2000 - SECT 1037A Other continuing authorities

WATER ACT 2000 - SECT 1037A

1037A Other continuing authorities

(1) Subsection (2) applies to a following entity if, immediately before the commencement of this section, the entity was taking or interfering with water to which this Act applies—

(a) a local government who lodged an application under the Local Government Act 1936 (repealed), section 32;

(b) Toowoomba City Council in relation to the Cooby Creek Dam.

(2) A local government mentioned in subsection (1)(a), or Toowoomba Regional Council in relation to the Cooby Creek Dam, is taken to hold an authority under this Act to take or interfere with water and the authority continues under this Act until whichever of the following first happens—

(a) the chief executive grants a water licence to replace the authority;

(b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(3) Subsection (4) applies to an entity to which a special agreement Act applies—

(a) to the extent the special agreement Act authorises the taking of, or interfering with, water; and

(b) if, immediately before the commencement of this section, the entity was taking or interfering with water to which this Act applies.

(4) An entity mentioned in subsection (3)—

(a) continues to hold the authority to take or interfere with water under the special agreement Act; and

(b) is taken to also hold an authority under this Act to take or interfere with water.

(5) An authority under this Act to take or interfere with water, held by the SEQ Water and in force on 12 April 2003, continues under this Act until whichever of the following first happens—

(a) the chief executive grants a water licence to replace the authority;

(b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(6) The chief executive may grant a water licence under subsection (2)(a) or (5)(a) without the need for an application to be made under section 206.

(7) In this section—


"special agreement Act" see Environmental Protection Act 1994 , section 584 .