Queensland Consolidated Acts

WATER ACT 2000 - SECT 206

(1) An owner of a parcel of land, or the owners of contiguous parcels of land, may apply for a water licence for the parcel or parcels and any other land of the owner or owners contiguous to the parcel or parcels—

(a) for taking water and using the water on any of the land; or

(b) to interfere with the flow of water on, under or adjoining any of the land.

(2) An application under subsection (1)(a) may be only for taking water from any of the following—

(a) a watercourse, lake or spring on or adjoining any of the land;

(b) an aquifer under any of the land;

(c) water flowing across any of the land.

(3) Also, an application under subsection (1)(a) may be for taking water from a watercourse, lake, spring or aquifer if—

(a) for—

(i) water from a watercourse, lake or spring—the watercourse, lake or spring does not adjoin any of the applicant's land or the proposed point of taking the water is not on the applicant's land; or

(ii) water from an aquifer—the aquifer is not under the applicant's land; but

(b) in relation to the land (the intervening land) between the proposed point of taking and the applicant's land and for the purpose of taking the water and delivering it to the applicant's land—

(i) to the extent the intervening land is freehold land—the applicant has written agreement, from all the owners of the intervening land, to give the applicant a registrable lease or easement over the intervening land; or

(ii) to the extent the intervening land is unallocated State land under the Land Act 1994—the applicant holds or has applied for a permit under section 177 of that Act to occupy the intervening land; or

(iii) to the extent the intervening land is a State-controlled road under the Transport Infrastructure Act 1994—the requirements of section 50 of that Act have been complied with in relation to any necessary ancillary works and encroachments under that section; or

(iv) to the extent the intervening land is a road under the control of a local government—the requirements of the Local Government Act 2009 and of any local laws of the local government have been complied with in relation to any necessary works, including ancillary works and encroachments under that Act; or

(v) to the extent the intervening land is other land—the applicant holds or has applied for permission to occupy the intervening land, from the owner or the authority administering the land.

(4) The following entities may also apply for a water licence for taking water or interfering with the flow of water—

(a) the State;

(b) a local government;

(c) a water authority;

(d) a resource operations licence holder;

(e) an interim resource operations licence holder;

(f) a petroleum tenure holder;

(g) CEWH;

(h) the water grid manager;

(i) an entity prescribed under a regulation.

(5) However, a petroleum tenure holder may apply for a water licence only if—

(a) the water—

(i) is associated water under the Petroleum and Gas (Production and Safety) Act 2004 or is water necessarily produced as a result of the carrying out of authorised activities under the Petroleum Act 1923; and

(ii) is not being used, or proposed to be used, for an activity that, under that Act, is an authorised activity for the tenure; and

(b) the holder is, under that Act, carrying out—

(i) approved testing for petroleum production; or

(ii) petroleum production for commercial purposes; and

(c) the holder has complied with section 206A.

(6) The application must be—

(a) made to the chief executive in the approved form; and

(b) supported by sufficient information to enable the chief executive to decide the application; and

(c) accompanied by the fee prescribed under a regulation.