AustLII Tasmanian Consolidated Acts

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WATER MANAGEMENT ACT 1999 - SECT 58

58. Restriction on use of allocation

      (1) Without limiting section 56, the Minister may determine that a water allocation of a licence may be –

(a) taken from, or used on, only a specified area of land; or

(b) used only for a specified purpose; or

(c) used only to allow the taking of water into a specified dam or proposed dam; or

(d) used only in accordance with conditions for the avoidance, minimisation or management of associated environmental risks.

      (2) Where a water allocation is determined under subsection (1)(c) to be used for the taking of water into a proposed dam or to increase the quantity of water to be taken into an existing dam, the allocation may be made conditional on the completion of –

(a) the construction of the proposed dam; or

(b) the dam works increasing the existing dam's capacity.

      (3) In this section –

"environmental risk" means a material risk that a water allocation may, in respect of any water resource or land, cause –

(a) a rise in underground water levels; or

(b) soil waterlogging; or

(c) increased salination; or

(d) increased soil erosion; or

(e) the destabilisation of the bank or bed of a watercourse; or

(f) the degradation of a riverine or estuarine environment; or

(g) a deterioration of water quality.



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