Commonwealth Consolidated Acts

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WATER ACT 2007 - SECT 110

Application of State laws to the Commonwealth Environmental Water Holder

  (1)   Any requirement of a law of a Basin State that prevents a person from:

  (a)   using, on land that the person does not own, water available under a water access right; or

  (b)   obtaining a licence that would authorise the use, on land that the person does not own, of water available under a water access right;

does not apply to the Commonwealth Environmental Water Holder in relation to the use of Commonwealth water holdings:

  (c)   to water declared Ramsar wetlands; or

  (d)   to water water dependent ecosystems that support:

  (i)   listed threatened species (within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 ); or

  (ii)   listed threatened ecological communities (within the meaning of that Act); or

  (iii)   listed migratory species (within the meaning of that Act); or

  (e)   to water sites specified in the regulations.

  (2)   This section does not authorise the environmental watering of land without the consent of the owner of the land.



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