WATER ACT 2000 - SECT 1046
Declared underground water areas
WATER ACT 2000 - SECT 1046
Declared underground water areas
1046 Declared underground water areas
(1) A regulation may declare an area to be an underground water area.
(2) A
regulation made under subsection (1) may, for an underground water area—
(a)
regulate the taking of, or interfering with, underground water; and
(b) state
the types of works for taking or interfering with underground water that are
assessable development or accepted development under the Planning Act .
(3)
Subsection (2) has effect for the area, or a part of the area, until a water
plan is approved for underground water in the area, or part of the area.
(4)
Subsections (4A) to (7) apply if, immediately before a regulation declares an
area to be an underground water area—
(a) a person is an owner of land in
the area on which works for taking or interfering with underground water under
section 101(1)(c) are situated; and
(b) the works are capable of being used
to take or interfere with underground water.
(4A) On a regulation declaring
the area to be an underground water area, the person may continue to use the
works to take or interfere with water until the chief executive grants a water
licence to the person.
(5) The chief executive may grant a water licence to
the person without an application being made under section 107.
Note—
If,
after a regulation declares an area to be an underground water area, a person
is using works in the area for taking or interfering with underground water
under a water licence that expires or is surrendered or cancelled, the chief
executive may not grant a water licence to the person, or reinstate or replace
the expired licence, under this subsection.
(6) Within 30 business days
after the chief executive grants the licence, the chief executive must give
the licensee the licence and an information notice about the granting of the
licence.
(7) The licence has effect from the day the licence is given to the
licensee.