WATER ACT 2000 - SECT 97 Environmental authorities

WATER ACT 2000 - SECT 97

97 Environmental authorities

(1) A person may take overland flow water that is not more than the volume necessary to satisfy the requirements of—

(a) an environmental authority; or

(b) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 , schedule 4 .

(2) A person may interfere with the flow of water by impoundment if the interference is not more than is necessary to satisfy the requirements of an environmental authority.

(3) However, subsections (1) and (2) apply only if—

(a) the impacts of the take or interference were assessed as part of a grant of an environmental authority or development permit; and

(b) the environmental authority or development permit was granted with a condition about the take or interference with water.