Queensland Consolidated Acts

WATER ACT 2000 - SECT 992L

992L Continuation of authority and grant of water licence

(1) Subsection (2) applies to a relevant company to the extent a special agreement Act authorises the company to take or interfere with water.

(2) The relevant company—

(a) continues to hold the authority to take or interfere with water under the special agreement Act; and

(b) also holds an authority under this Act to take or interfere with water to the same extent the relevant company can take or interfere with water under the special agreement Act.

(3) A relevant company may, at any time within 2 years after the commencement of this section, request the chief executive to grant the company 1 or more water licences for the company’s take of, or interference with, water under the special agreement Act.

(4) A relevant company may make more than 1 request under subsection (3) .

(5) The chief executive must grant the water licence or water licences within 30 business days after receiving the request if—

(a) the relevant company demonstrates to the chief executive’s satisfaction that taking or interfering with the water is necessary to support the company’s existing or proposed activities under the special agreement Act; and

Example—

A recommendation by the Coordinator-General in a report under the State Development and Public Works Organisation Act 1971 , part 4 that a water licence under this Act be issued in connection with a coordinated project may demonstrate that taking or interfering with water by the company is necessary to support a proposed activity.

(b) taking or interfering with the water is consistent with the company’s authority under the special agreement Act.

(6) Chapter 2 , part 3 , division 2 , subdivision 2 does not apply to the grant of a water licence under this section.

(7) A relevant company that is granted a water licence under this section may, at any time, request the chief executive to amend the licence.

(8) The chief executive must amend the licence within 30 business days after receiving the request if—

(a) the relevant company demonstrates to the chief executive’s satisfaction that taking or interfering with the water is necessary to support the company’s existing or proposed activities under the special agreement Act; and

Example—

A recommendation by the Coordinator-General in a report under the State Development and Public Works Organisation Act 1971 , part 4 that a water licence under this Act be issued in connection with a coordinated project may demonstrate that taking or interfering with water by the company is necessary to support a proposed activity.

(b) taking or interfering with the water is consistent with the company’s authority under the special agreement Act.

(9) Chapter 2 , part 3 , division 2 , subdivision 4 does not apply to the amendment of a water licence under this section.

(10) A water licence may be granted or amended under this section with or without conditions.

(11) However, any conditions under subsection (10) must not be inconsistent with the special agreement Act.