Water (Metering and Compliance) Amendment Regulation 2019

1Short title

This regulation may be cited as the Water (Metering and Compliance) Amendment Regulation 2019.

2Regulation amended

This regulation amends the Water Regulation 2016.

3Omission of s 20 (Selling water after auction or tender process)

Section 20—
omit.

4Amendment of s 22 (Minister’s reports on water plans—Act, s 49)

(1)Section 22(2)(b), after ‘previous report’—
insert—

unless subsection (3) applies

(2)Section 22—
insert—

(2A)However, if a notice under section 44(2) of the Act states, for a water plan, the matters mentioned in subsection (4), the notice is taken to be a subsequent report prepared by the Minister under subsection (2)(b) for the water plan.

(3)Section 22(2A) and (3)—
renumber as section 22(3) and (4).

5Amendment of s 41 (Effect of disposal of part of land to which water licence to take water attaches)

(1)Section 41(1)(b), after ‘owner’—
insert—

(the disposer)

(2)Section 41(2), ‘registered owner’—
omit, insert—

disposer

(3)Section 41—
insert—

(3)The chief executive must give all owners of the land to which the water licence attaches, other than the disposer, a copy of the licence.

6Amendment of s 59 (Deciding application)

(1)Section 59(4)(b), after ‘protocol’—
insert—

, other than a protocol that contains a multi-year accounting rule for the allocation,

(2)Section 59(5), after ‘the notice’—
insert—

for the period stated in the notice

(3)Section 59—
insert—

(7)In this section—

multi-year accounting rule, for a water allocation, means a water sharing rule used to work out the volume of water that may be taken under the allocation, during a particular water year, having regard to the volume of water that was or may be taken under the allocation during other water years.

7Amendment of s 60 (Conditions of seasonal water assignment notice)

Section 60—
insert—

(2)If a seasonal water assignment rule, stated in a water management protocol, allows a change to a location condition of the allocation or existing notice, subsection (1)(a) or (b) does not apply in relation to the location condition.

(3)In this section—

location condition means a condition imposed on a water allocation or seasonal water assignment notice that states the location from which water may be taken under the allocation or notice.

8Amendment of s 98 (Works that are or are not assessable development—Act, s 39(f))

Section 98, heading, ‘s 39(f)’—
omit, insert—

s 39

9Amendment of s 99 (Requirements for accepted development for operational work for taking water—Act, s 1014(2)(g))

(1)Section 99, heading, ‘s 1014(2)(g)’—
omit, insert—

s 1014

(2)Section 99(2)(b)(i), ‘the self-assessable development of artesian’—
omit, insert—

self-assessable development of subartesian

10Amendment of s 101A (Requirements for accepted development for category 1 levees—Act, s 1014(2)(g))

(1)Section 101A, heading, ‘s 1014(2)(g)’—
omit, insert—

s 1014

(2)Section 101A(3), definition levee code—
omit, insert—

levee code means the document called ‘Self-assessable code for the construction or modification of levees’ made by the chief executive and published on the department’s website or on the Queensland Government business and industry portal.

11Amendment of s 102 (Assessment benchmarks for particular levees—Act, s 967(2))

Section 102, heading, ‘s 967(2)’—
omit, insert—

s 967

12Amendment of s 105 (Definitions for part)

(1)Section 105—
insert—

faulty meter means a meter that—

(a)is not capable of being read; or

(b)is not capable of recording the volume of water taken through the works to which the meter is attached within the permissible limits of error under the non-urban metering standard; or

(c)leaks water or air; or

(d)is attached to works with a connection or fitting that leaks water or air; or

(e)has a tamper-proof seal that is broken or damaged or does not have a tamper-proof seal attached to it.

relevant person, for works, means—

(a)the holder of a metered entitlement who takes water under the entitlement through the works; or

(b)if there is no holder of a metered entitlement who takes water through the works—the owner of the works.

tamper-proof seal, in relation to a meter, means a seal designed to identify whether anything has been done to the meter that could affect its metrological performance.

(2)Section 105, definition non-urban metering standard—
omit, insert—

non-urban metering standard means the document called the ‘Queensland interim water meter standard for non-urban metering’ and published on the department’s website or on the Queensland Government business and industry portal.

(3)Section 105, definition validation certificate, editor’s note—
omit.

13Amendment of s 106 (Approved meter—Act, sch 4, def approved meter)

(1)Section 106(2)—
insert—

(aa)section 110A(2);

(ba)section 112A(2);

(2)Section 106(2)(aa) to (e)—
renumber as section 106(2)(b) to (g).

14Amendment of s 107 (Metered entitlements—Act, sch 4, def metered entitlement)

Section 107(2)—
insert—

(e)the original authorisation expires under section 146(1)(a) of the Act and the second authorisation is granted under that section to the holder of the original authorisation.

15Amendment of s 108 (Chief executive may give meter notice to holder of authorisation or owner of works)

Section 108(4)—
omit, insert—

(4)A meter notice must be given at least—

(a)if the notice is given after a meter is attached to works and installed in accordance with section 106(1)(d)(iii)—60 business days before the validation date; or

(b)otherwise—1 year before the validation date.

16Insertion of new s 109A

After section 109—
insert—

109A Suspension or cancellation of appointment as authorised meter validator

(1)The chief executive may suspend or cancel a person’s appointment as an authorised meter validator under section 109 if the chief executive is reasonably satisfied that—

(a)the person gave another person a validation certificate under section 112(2)(b) and the information stated in the certificate is false or misleading; or

(b)the person has been convicted of an offence against the Act, the repealed Acts or an interstate law.

(2)Before the chief executive acts under subsection (1), the chief executive must give the person a show cause notice about the proposed suspension or cancellation.

(3)In deciding whether to suspend or cancel the appointment, the chief executive must consider any properly made submission about the proposed suspension or cancellation.

(4)Within 30 business days after suspending or cancelling the appointment, the chief executive must give the person a notice stating the decision and the reasons for the decision.

(5)The suspension or cancellation takes effect from the day the person is given the notice.

17Insertion of new s 110A

After section 110—
insert—

110A Requirements for faulty meters

(1)This section applies if—

(a)a relevant person takes water through works to which an approved meter is attached; and

(b)the relevant person is aware the meter is a faulty meter.

(2)The meter stops being an approved meter on the earlier of the following—

(a)non-compliance with subsections (3), (4) or (5) by the relevant person;

(b)the expiry date.

(3)Within 3 business days after becoming aware the meter is a faulty meter, the relevant person must give the chief executive a written notice stating the meter is a faulty meter.

(4)The relevant person must give the chief executive information about water taken through the works in accordance with all instructions, and covering all matters, stated in the approved form.

(5)The relevant person must, before the expiry date—

(a)ensure that a meter, other than a faulty meter, is attached to the works; and

(b)arrange a validation inspection for the meter and give the chief executive a copy of the validation certificate for the meter given to the relevant person after the inspection.

(6)The chief executive may extend the expiry date by notice given to the relevant person if—

(a)the relevant person requested the expiry date be extended; and

(b)the chief executive is reasonably satisfied the relevant person is unable to comply with subsection (5).

(7)In this section—

expiry date means the day that is 60 business days after the chief executive is given notice under subsection (3).

18Amendment of s 111 (Existing meter not approved meter unless revalidated by revalidation date)

Section 111(2), ‘section 106(1)(c),’—
omit, insert—

section 106(1)(b) and (c),

19Insertion of new s 112A

After section 112—
insert—

112A Chief executive may request another validation certificate

(1)This section applies if—

(a)a person gives a relevant person for works, to which an approved meter is attached, a validation certificate (the first certificate) for the meter; and

(b)the relevant person gives the chief executive a copy of the first certificate.

(2)The meter stops being an approved meter on the earlier of the following—

(a)non-compliance with subsection (5) by the relevant person;

(b)the expiry date.

(3)The chief executive may give the relevant person a notice if the chief executive is reasonably satisfied that—

(a)the information stated in the first certificate is false or misleading; or

(b)the person who gave the relevant person the first certificate was not an authorised meter validator when the certificate was given; or

(c)the relevant person carried out the validation inspection for the first certificate.

(4)The notice must state the following—

(a)the grounds for giving the notice;

(b)the relevant person must arrange for another validation inspection to be carried out on the meter and give the chief executive a copy of the new validation certificate for the meter before the expiry date;

(c)the meter will stop being an approved meter if the relevant person does not comply with the notice.

(5)The relevant person must comply with the notice.

Maximum penalty—20 penalty units.

(6)The chief executive may extend the expiry date by notice given to the relevant person if—

(a)the relevant person requested the expiry date be extended; and

(b)the chief executive is reasonably satisfied the relevant person is unable to comply with subsection (5).

(7)In this section—

expiry date means the day that is 60 business days after the chief executive gives a notice under subsection (3).

20Amendment of s 113 (Chief executive may require meter reading by holder of metered entitlement or owner of works)

(1)Section 113, heading, from ‘holder’—
omit, insert—

relevant person

(2)Section 113(1)—
omit, insert—

(1)The chief executive may give a relevant person a notice requiring the person to—

(a)read a meter; and

(b)do both of the following in the way and by the day stated in the notice—

(i)give the meter reading to the chief executive;

(ii)notify the chief executive about whether or not the meter is a faulty meter.

Note—

Section 110A may apply to a relevant person if the person is aware the meter is a faulty meter.

(3)Section 113(2) and (3), ‘person’—
omit, insert—

relevant person

21Amendment of s 120 (Approved meter that does not comply with non-urban metering standard may stop being approved meter)

Section 120(3), ‘1 year’—
omit, insert—

20 business days

22Amendment of s 124 (Qualifications or experience for class 1 licence—Act, s 981)

(1)Section 124(2)(a)(i), from ‘conducted’—
omit, insert—

prepared by the National Uniform Drillers Licensing Committee (NUDLC) for any licence endorsement for which the applicant is applying; or

(2)Section 124(2)(c)(i)(A), ‘conducted by ADITC’—
omit.

(3)Section 124(2)(d), ‘the National Uniform Driller’s Licensing Committee’—
omit, insert—

NUDLC

23Amendment of s 125 (Qualifications or experience for class 2 licence—Act, s 981)

(1)Section 125(2)(a)(i), from ‘conducted’—
omit, insert—

prepared by NUDLC for any licence endorsement for which the applicant is applying; or

(2)Section 125(2)(d), ‘the National Uniform Driller’s Licensing Committee’—
omit, insert—

NUDLC

24Amendment of s 126 (Qualifications or experience for class 3 licence—Act, s 981)

(1)Section 126(2)(a)(i), from ‘conducted’—
omit, insert—

prepared by NUDLC for any licence endorsement for which the applicant is applying; or

(2)Section 126(2)(d), ‘the National Uniform Driller’s Licensing Committee’—
omit, insert—

NUDLC

25Amendment of sch 4 (Prescribed entities)

Schedule 4, item 16—
omit, insert—

16	Sealink Fraser Island Pty Ltd ACN 624 478 280

26Amendment of sch 11 (Metered entitlements)

(1)Schedule 11, entries for Zone A of the Fitzroy River, identified in the Water Plan (Fitzroy Basin) 2011, Zone C of the Fitzroy River, identified in the Water Plan (Fitzroy Basin) 2011 and Zones D and E of the Fitzroy River, identified in the Water Plan (Fitzroy Basin) 2011—
omit.

(2)Schedule 11—
insert—

Fitzroy water management area under the Water Plan (Fitzroy Basin) 2011, other than Fitzroy BNote— Fitzroy B is a resource operations plan zone. See the Fitzroy Basin Resource Operations Plan.	all water allocations	30 November 2019
Flinders River catchment area under the Water Plan (Gulf) 2007	all water entitlements	30 November 2023
Nogoa Mackenzie water management area under the Water Plan (Fitzroy Basin) 2011	all water allocations	30 November 2023

(3)Schedule 11, entry for Coastal Burnett groundwater management area, column 2—
omit, insert—

all water entitlements, other than the following—

(a)water licences for dewatering purposes only and water licences for agricultural dewatering purposes only;

(b)water entitlements for which the annual volumetric limit is not more than 2ML

(4)Schedule 11, entry for Gilbert River catchment area under the Water Plan (Gulf) 2007, column 2—
omit, insert—

all water entitlements

(5)Schedule 11, entry for the plan area of the Water Plan (Barron) 2002, column 2, ‘water licences,’—
omit, insert—

water entitlements,

(6)Schedule 11, entry for the plan area of the Water Plan (Pioneer Valley) 2002, column 2—
omit, insert—

all water entitlements, other than water licences for stock or domestic purposes only

(7)Schedule 11, entry for the plan area of the Water Resource (Whitsunday) Plan 2010, column 2, ‘water licences,’—
omit, insert—

water licences in subcatchment areas A, B, C and F,

27Amendment of sch 14 (Water charges)

Schedule 14, entry for Barron River–Emerald Creek water management area—
omit.

28Amendment of sch 17 (Underground water areas)

(1)Schedule 17, authorising section—
omit, insert—

sections 139 and 140

(2)Schedule 17, part 2, entry for Burdekin underground water area, column 2, ‘200m’—
omit, insert—

—

29Amendment of sch 19 (Dictionary)

(1)Schedule 19, definitions ADITC, DICAT course and meter—
omit.

(2)Schedule 19—
insert—

DICAT course, for part 12, see section 124(2)(c)(i)(A).

faulty meter, for part 11, see section 105.

NUDLC, for part 12, see section 124(2)(a)(i).

relevant person, for part 11, see section 105.

(3)Schedule 19, definition water licence, ‘or operations manual’—
omit.