Queensland Consolidated Acts Queensland Consolidated Acts(1) This section has effect despite section 19.
(2) A person may take water in an emergency situation, for—
(a) a public purpose; or
(b) fighting a fire destroying, or threatening to destroy, a dwelling house.
(3) An owner of land adjoining a watercourse, lake or spring may take water from the watercourse, lake or spring—
(a) for stock purposes; or
(b) for domestic purposes.
(4) Despite subsection (6), an owner of land on which there is overland flow water or overland flow water that has been collected into a dam, may take the water—
(a) for stock purposes; or
(b) for domestic purposes.
(5) A person may take water from a watercourse, lake or spring—
(a) for camping purposes; or
(b) for watering travelling stock.
(6) A person may take overland flow water or take or interfere with subartesian water for any purpose unless—
(a) there is a moratorium notice, a water resource plan or a wild river declaration that limits or alters the water that may be taken or interfered with; or
(b) for subartesian water only—a regulation under section 1046 regulates the taking of or interfering with the water.
(6A) A person may interfere with overland flow water.
(7) A regulation may declare land to be land to which subsection (3)(b) does not apply if the land is subdivided after the regulation is made.
(8) A constructing authority may take water for the purpose of constructing or maintaining infrastructure that the constructing authority may lawfully construct or maintain, if—
(a) the taking of water for that purpose is prescribed under a regulation; and
(b) the constructing authority complies with each condition imposed under subsection (9).
(9) The taking of the water is subject to the conditions that—
(a) are prescribed under a regulation; or
(b) the chief executive by notice given to the constructing authority imposes on the taking of water.
(10) Without limiting the conditions that may be prescribed under subsection (9), the conditions may do all or any of the following—
(a) limit the volume of water the constructing authority may take in a year for a particular project;
(b) limit the volume of water the constructing authority may take from a particular source at a particular location during a stated period;
(c) require the constructing authority to give the chief executive notice of the constructing authority's intention to take water from a particular source;
(d) require the constructing authority to take the water only through a meter of a type approved by the chief executive;
(e) require the constructing authority to give a written report to the chief executive about stated matters for the water taken;
Examples of matters about which a report may be required—
the locations from which water was taken
the source from which the water was taken
the volume of water taken from a source
the day on which the water was taken
(f) require the constructing authority to obtain written approval from the operator of a water supply scheme before taking water managed under an interim resource operations licence, resource operations licence or distribution operations licence.
(11) In this section—
land includes any land contiguous with the land adjoining the watercourse, lake or spring if all the land is owned by the same registered owner.