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WATER MANAGEMENT ACT 2000 - SECT 53
Harvestable rights
53 Harvestable rights
(1) An owner or occupier of a landholding within a harvestable rights area is
entitled, without the need for any access licence, water supply work approval
or water use approval, to do each of the following in accordance with the
harvestable rights order by which the area is constituted-- (a) to construct
and use one or more water supply works for the purpose of capturing and
storing water of a kind specified by the harvestable rights order,
(b) to
take and use that water.
(2) One or more water supply works may be
constructed and used under subsection (1) (a) for the storage of both water
that has been captured in exercise of a harvestable right and other water that
has been lawfully taken from a water source if the capacity of the work or
works does not exceed the maximum harvestable right volume specified by the
harvestable rights order.
(3) The following provisions apply where the
capacity of the water supply work or works by means of which water is to be
captured or stored in exercise of a harvestable right exceeds the maximum
harvestable right volume specified by the harvestable rights order for works
constructed under the authority of this section-- (a) an access licence or
water use approval is not required for water that is captured or stored by the
work or works in exercise of a harvestable right,
(b) if water (other than
water captured or stored in exercise of a harvestable right) is also captured
or stored by the work or works--an access licence and water use approval is
required to authorise the taking and use of water from that source for any
volume taken and stored in excess of the maximum harvestable right volume
unless the water is taken under the authority of a domestic and stock right or
native title right,
(c) a water supply work approval for the water supply
work or works is required despite subsection (1).
(4) Without limiting
subsection (1), a single water supply work may be used by 2 or more
landholders regardless of who constructed it if the shared use is permitted by
the harvestable rights order.
(5) This section does not allow a landholder--
(a) to supply any other land with water that has been captured and stored in
exercise of a harvestable right, or
(b) to construct or use a water supply
work in a river unless the river is declared by the relevant harvestable
rights order to be a minor stream for the purposes of this Division.
(6) In
this section--
"capture" , in relation to a water supply work, includes pumping water for the
purposes of storage in another water supply work.
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