This plan may be cited as the Water Plan (Fitzroy Basin) Amendment Plan 2021.
This plan amends the Water Plan (Fitzroy Basin) 2011.
Each of the following sections is made for section 1259(7) of the Act—•section 4•section 5•section 6•section 21•section 34•section 45•section 46.On the commencement the following provisions of the Fitzroy Basin Resource Operations Plan cease to have effect—•sections 7 to 9•sections 356 to 362•sections 371 and 372.
4Amendment of s 7 (Groundwater units and groundwater sub-areas)
(1)Section 7(2), ‘maps A to D’—
omit, insert—map A
(2)Section 7—
insert—(2A)Each part of the plan area shown as a groundwater sub-area zone for the Upper Callide groundwater sub-area on map A in schedule 4 is a groundwater sub-area zone for that groundwater sub-area.(2B)Each part of the plan area shown as a groundwater sub-area zone for the Lower Callide groundwater sub-area on map A in schedule 4 is a groundwater sub-area zone for that groundwater sub-area.(2C)Each part of the plan area shown as a groundwater sub-area zone for the Prospect Creek groundwater sub-area on map A in schedule 4 is a groundwater sub-area zone for that groundwater sub-area.(2D)Each part of the plan area shown as a groundwater sub-area zone for the Don and Dee groundwater sub-area on map A in schedule 4 is a groundwater sub-area zone for that groundwater sub-area.(3)Section 7(4), ‘map E’—
omit, insert—map B
(4)Section 7(6), ‘map F’—
omit, insert—map C
(5)Section 7—(8)In this section—
5Replacement of s 7A (Water management area)
Section 7A—
omit, insert—Each part of the plan area shown as a water management area on the map in schedule 3A is a water management area.
After section 7A—
insert—(1)Each part of the plan area shown as a water management area zone for the Comet water management area on map A in schedule 3B is a water management area zone for that water management area.(2)Each part of the plan area shown as a water management area zone for the Nogoa Mackenzie water management area on map A in schedule 3B is a water management area zone for that water management area.(3)Each part of the plan area shown as a water management area zone for the Theresa Retreat water management area on map A in schedule 3B is a water management area zone for that water management area.(4)Each part of the plan area shown as a water management area zone for the Dawson Valley water management area on map B in schedule 3B is a water management area zone for that water management area.(5)Each part of the plan area shown as a water management area zone for the Fitzroy water management area on map C in schedule 3B is a water management area zone for that water management area.Each part of the plan area shown as a water licence zone on the map in schedule 3C is a water licence zone.Each part of the plan area shown as a water supply scheme on the map in schedule 4A is a water supply scheme.(1)Each part of the plan area shown as a water supply scheme zone for the Callide Valley water supply scheme on map A in schedule 4B is a water supply scheme zone for that water supply scheme.(2)Each part of the plan area shown as a water supply scheme zone for the Dawson Valley water supply scheme on map A in schedule 4B is a water supply scheme zone for that water supply scheme.(3)Each part of the plan area shown as a water supply scheme zone for the Fitzroy Barrage water supply scheme on map B in schedule 4B is a water supply scheme zone for that water supply scheme.(4)Each part of the plan area shown as a water supply scheme zone for the Lower Fitzroy water supply scheme on map B in schedule 4B is a water supply scheme zone for that water supply scheme.(5)Each part of the plan area shown as a water supply scheme zone for the Rookwood Weir water supply scheme on map B in schedule 4B is a water supply scheme zone for that water supply scheme.(6)Each part of the plan area shown as a water supply scheme zone for the Nogoa Mackenzie water supply scheme on map C in schedule 4B is a water supply scheme zone for that water supply scheme.For section 43(1)(e)(i) of the Act—(a)a groundwater sub-area zone is a trading zone for water licences to take groundwater; and(b)a water licence zone is a trading zone for water licences to take surface water; and(c)a water management area zone is a trading zone for water allocations to take unsupplemented water; and(d)a water supply scheme zone is a trading zone for water allocations to take supplemented water.
7Amendment of s 8 (Information about areas)
Section 8(1) and (2)—
omit, insert—The exact location of the boundaries of each of the following is held in digital electronic form by the department and may be accessed at each office of the department—
(a)the plan area;(b)a subcatchment area;(c)a groundwater management area;(d)a groundwater unit;(e)a groundwater sub-area;(f)a groundwater sub-area zone;(g)a water management area;(h)a water management area zone;(i)a water licence zone;(j)a water supply scheme;(k)a water supply scheme zone.The location of each office of the department is available on the department’s website.
8Amendment of s 12 (General outcomes)
Section 12(c)—
omit, insert—(c)to provide for the continued use of groundwater works that were in existence immediately before the commencement of this plan;
9Amendment of s 13 (Specific surface water and groundwater outcomes)
(1)Section 13(1)—
insert—(d)to protect the probability of being able to take water from the Fitzroy River under a water allocation held by a water service provider for the supply of town water.(2)Section 13—
insert—(1A)A specific outcome for surface water in the Fitzroy Barrage Water Supply Scheme and the Lower Fitzroy Water Supply Scheme is to enable the operations manuals for the Fitzroy Barrage Water Supply Scheme and Lower Fitzroy Water Supply Scheme to include measures ensuring water security for water service providers when there is a shortage of water.(3)Section 13(1A) and (2)—
renumber as section 13(2) and (3).
10Amendment of s 14 (General ecological outcomes)
Section 14—
insert—(2)In this section—
After chapter 3—
insert—15AMeasure to achieve specific outcome in s 13(1)(c)
(1)This section applies if unallocated water held as a strategic water infrastructure reserve is released for water infrastructure on the Fitzroy River.(2)A measure that contributes to achieving the specific outcome stated in section 13(1)(c) is that at least 50% of unallocated water held as a strategic water infrastructure reserve in Rookwood Weir released for water infrastructure is released to agricultural users.(3)In this section—agricultural activity includes—(a)cultivating soil; and(b)broadcasting seed to establish an improved pasture; and(c)planting, gathering or harvesting a crop, including a food or fibre crop; and(d)growing non-indigenous grasses, legumes or forage cultivars; and(e)other horticulture or viticulture activities.agricultural users means holders of water entitlements who use water for an agricultural activity.
12Amendment of s 25 (Assessing impact of decisions about groundwater)
Section 25—
insert—(4)In this section—
13Amendment of s 27 (Matters to be considered for environmental management rules)
Section 27—
insert—(3)In this section—
14Amendment of s 29 (Matters to be considered for water allocation change rules)
Section 29—
insert—(4)In this section—
15Omission of s 30 (Matters to be considered for infrastructure operating rules)
Section 30—
omit.
16Omission of ch 5, pt 1, div 2 (Continued effect of moratorium and interim arrangements for applications)
Chapter 5, part 1, division 2—
omit.
17Replacement of ch 5, pt 1, div 3, sdiv 6 (Dealing with unallocated water under the resource operations plan)
Chapter 5, part 1, division 3, subdivision 6—
omit, insert—48Processes for releasing unallocated water—Act, s 43
(1)For section 43(2)(f) of the Act, this section states the processes for releasing unallocated water not held as a general reserve under this plan.(2)The processes stated in the Water Regulation 2016, part 2, division 2, subdivision 2 apply for releasing unallocated water held as a strategic reserve.(3)The processes stated in the water management protocol apply for releasing unallocated water held as a strategic water infrastructure reserve.
18Omission of ch 5, pt 1, div 4 (Callide Valley Water Supply Scheme)
Chapter 5, part 1, division 4—
omit.
19Amendment of s 51 (Limitations on taking or interfering with water—Act, s 20(2))
(1)Section 51, heading, ‘s 20(2)’—
omit, insert—s 101
(2)Section 51(1), ‘section 20(2)’—
omit, insert—section 101(1)
(3)Section 51(3), definition prescribed activities, ‘section 20(2)(a)’—
omit, insert—section 101(1)(a)
20Amendment of s 52 (Taking water for stock or domestic purposes)
Section 52, ‘section 20A(5)’—
omit, insert—section 103(a)
21Insertion of new ch 5, pt 1, div 6
Chapter 5, part 1—
insert—53Applications for water licences that must not be accepted—Act, s 43
(1)For section 43(2)(j) of the Act, the chief executive must not accept an application for a water licence made under section 107 of the Act unless the application—(a)is an application to which part 2, division 4 applies; or(b)is made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or(c)is to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or(d)is to interfere with the flow of groundwater under land; or(e)is to take water to facilitate the removal of mine site seepage or runoff from a watercourse.(2)Subsection (1)(e) applies only if the water management protocol states that applications of the type mentioned in that subsection may be accepted.54Deciding applications for relocating water licences or seasonal water assignments of water licences—Act, s 43
(1)For section 43(2)(i) of the Act, this section applies to—(a)an application for relocating a water licence; or(b)an application for a seasonal water assignment of a water licence.(2)The chief executive may decide to grant the application to change the location from which water may be taken under the licence or for the seasonal water assignment of the licence if—(a)the existing location from which water may be taken under the licence is within—(i)a groundwater sub-area zone; or(ii)a water licence zone; and(b)the dealing is permitted under the water management protocol.(3)However, the chief executive may grant the application only if the application would result in water being taken from a location that is—(a)if the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or(b)if the existing location is in a water licence zone—within a water licence zone.55Applications for dealings with water licences inconsistent with this plan—Act, s 129
(1)This section applies to an application for a dealing with a water licence, other than an application—(a)for a dealing that is permitted under the water management protocol; or(b)that the chief executive may grant under section 54; or(c)for a dealing with a water licence to interfere with the flow of surface water or groundwater.(2)Granting the application would be inconsistent with this plan if granting the application would—(a)increase the volume of water that would be taken or stored under licence; or(b)increase the rate at which water may be taken under the licence; or(c)increase the maximum area to be irrigated under the licence; or(d)increase the daily or monthly volumetric limit for taking water under the licence; or(e)change the location of taking surface water under the licence; or(f)change the conditions under which water may be taken.
22Omission of ch 5, pt 2, divs 2 and 3
Chapter 5, part 2, divisions 2 and 3—
omit.
23Amendment of s 76 (Application of div 4)
Section 76(1), ‘section 206’—
omit, insert—section 107
24Amendment of s 77 (Limitations on interference with water)
(1)Section 77(2)(a)—
omit, insert—(aa)the proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section 48(2) or (3); or(a)the proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section 48(1); or(2)Section 77(2)(aa) to (b)—
renumber as section 77(2)(a) to (c).(3)Section 77—
insert—(3)In this section—repealed section 48(1) means section 48(1) as in force from time to time before the commencement.
25Omission of ch 5, pt 2, div 5 (Granting particular water licences)
Chapter 5, part 2, division 5—
omit.
26Amendment of s 94 (Nominal volume for a water allocation)
Section 94—
insert—(2)In this section—
27Replacement of ch 5, pt 2, div 8, sdiv 1, hdg (Form of water licences to take water from watercourse, lake or spring)
Chapter 5, part 2, division 8, subdivision 1, heading—
omit, insert—
28Insertion of new s 100A and ch 5, pt 2, div 8, sdiv 1A, hdg
Before section 101—
insert—(1)This division applies to—(a)a water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act; or(b)a water licence to take water to which this plan applies that is proposed to be amended under section 133 of the Act for consistency with this plan.(2)However, this division does not apply to a water licence to interfere with the flow of water to which this plan applies.
29Amendment of s 101 (Elements of water licences to take water from a watercourse, lake or spring)
(1)Section 101(a), after subparagraph (i)—
insert—(ia)relift;(2)Section 101(a)(ia) to (iii)—
renumber as section 101(a)(ii) to (iv).
30Amendment of s 102 (Definition for sdiv 2)
Section 102, definition amended water licence, ‘section 217’—
omit, insert—section 133
31Amendment of s 103 (Purpose to be stated on a water licence)
(1)Section 103—
insert—(ba)if the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or(2)Section 103(ba) and (c)—
renumber as section 103(c) and (d).(3)Section 103—
insert—(2)For subsection (1)(c), water taken under a water licence is used for a relift purpose if the water is—(a)released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and(b)taken from a watercourse, lake, spring or works under the licence.
32Omission of s 106A (Additional nominal entitlement for Don and Dee Rivers and Alma Creek WMA water licences)
Section 106A—
omit.
33Amendment of s 110 (Limitation on taking overland flow water—Act, s 20(2))
(1)Section 110, heading, ‘s 20(2)’—
omit, insert—s 101
(2)Section 110(1), ‘section 20(2)’—
omit, insert—section 101(1)
34Amendment of s 112 (Granting water licences under the resource operations plan)
(1)Section 112, heading and subsection (1)—
omit, insert—112Process for granting water licences—Act, s 116
(1)This section applies if the water management protocol states a process for granting a licence to take overland flow water.(2)Section 112(2), ‘Under the process’—
omit, insert—For section 116 of the Act, under the process
35Amendment of s 116 (Limitation on taking or interfering with groundwater—Act, s 20(2))
(1)Section 116, heading, ‘s 20(2)’—
omit, insert—s 101
(2)Section 116(1), ‘section 20(2)’—
omit, insert—section 101(1)
(3)Section 116(2)(e)—
omit.(4)Section 116(2)(g), ‘section 20(2)(a)’—
omit, insert—section 101(1)(a)
(5)Section 116(2)(f) and (g)—
renumber as section 116(2)(e) and (f).
36Amendment of s 118 (Elements of water licences)
Section 118(2)—
omit, insert—(2)However, subsection (1) does not apply to a licence granted under section 114 of the Act for the purpose of mine dewatering.(3)In this section—
37Amendment of s 119 (Definition for sdiv 2)
Section 119, definition amended water licence, ‘section 217’—
omit, insert—section 133
38Amendment of s 121 (Nominal entitlement for a water licence)
(1)Section 121(1)—
omit.(2)Section 121(2), ‘other than a licence mentioned in subsection (1)’—
omit.
39Omission of ch 5, pt 3, div 2, sdiv 3 and divs 3 and 4 and ch 6
Chapter 5, part 3, division 2, subdivision 3 and divisions 3 and 4 and chapter 6—
omit.
40Replacement of s 150 (Implementation schedule)
Section 150—
omit, insert—150Water management protocol—Act, s 43
(1)For section 43(2)(l) of the Act, a water management protocol must be prepared for the plan area.(2)The water management protocol must address the following matters for the plan area—(a)the volumes of unallocated water reserved for stated purposes or stated locations;(b)the process for releasing unallocated water not held as general reserve;(c)for water allocations not managed under a resource operations licence—(i)the water allocation dealing rules; and(ii)the water sharing rules;(d)whether all or part of a water licence may be relocated;(e)the criteria and process for deciding applications for a seasonal water assignment or for relocation of a water licence;(f)the criteria and process for granting water licences for taking overland flow water to which this plan applies;(g)the monitoring requirements for water and natural ecosystems;(h)for section 53—whether applications of the type mentioned in section 53(1)(e) may be accepted;(i)for sections 54 and 55—whether a dealing with a water licence is permitted.
41Amendment of s 151 (Minor or stated amendment of plan—Act, s 57)
(1)Section 151, heading—
omit, insert—151Amendments to this plan that may be made without consultation—Act, s 43
(2)Section 151, ‘The following types of amendment may be made to this plan under section 57(b) of the Act—’—
omit, insert—For section 43(2)(m) of the Act, the following amendments may be made to this plan without public consultation—
(3)Section 151(i)—
omit.
42Omission of s 152 (Amending or replacing plan)
Section 152—
omit.
43Amendment of ch 8, hdg (Repeal)
Chapter 8, heading, after ‘Repeal’—
insert—and transitional provisions
After section 153—
insert—154Applications for resource operations licences made before commencement
(1)This section applies if—(a)an application for a resource operations licence was made before the commencement; and(b)immediately before the commencement, the application had not been decided.(2)From the commencement, the application must be decided as if—(a)section 13 had not been amended by the amendment plan; and(b)chapter 3A had not been inserted by the amendment plan.(3)In this section—amendment plan means the Water Plan (Fitzroy Basin) Amendment Plan 2021.(1)The effect of repealed section 34 does not end merely because of its repeal.(2)In this section—repealed section 34 means section 34 as in force before the commencement.Section 53(1)(e), as in force on the commencement, applies to an application for a water licence made before or after the commencement.From the commencement, section 53(1)(e) includes particular resource operation plan provisions of a kind mentioned in section 1264(c) of the Act. For how the provisions were taken to have effect for the purposes of this plan before the commencement, see section 1259(2)(e) and (7) of the Act.Section 55, as in force on the commencement, applies to an application for a dealing with a water licence made before or after the commencement.From the commencement, section 55 includes particular resource operation plan provisions of a kind mentioned in section 1264(c) of the Act. For how the provisions were taken to have effect for the purposes of this plan before the commencement, see section 1259(2)(e) and (7) of the Act.
Schedules 1 to 4—
omit, insert—section 4
section 5
section 6
section 7A
section 7B
Map A—Water management area zones for Comet, Nogoa Mackenzie and Theresa Retreat water management areas
section 7C
section 7(2)–(2D)
section 7D
section 7E
Map B—Water supply scheme zones for Fitzroy Barrage, Lower Fitzroy and Rookwood Weir water supply schemes
Schedule 5, parts 1 and 2—
omit, insert—
47Amendment of sch 7 (Water allocation security objectives)
Schedule 7, part 1—
insert—3ARookwood Weir Water Supply Scheme
1For water allocations in a high priority group upstream of Rookwood Weir—(a)the annual supplemented water sharing index is to be at least 94%; and(b)the monthly supplemented water sharing index is to be at least 98%.2For water allocations in a medium priority group upstream or downstream of Rookwood Weir—the monthly supplemented water sharing index is to be at least 82%.
48Amendment of sch 8 (Unallocated water)
(1)Schedule 8, part 3, table, column 2, ‘32,000’—
omit, insert—12,545
(2)Schedule 8, part 3, table, entry for The Upper Dawson subcatchment area, column 2, ‘11,500’—
omit, insert—5,040
(3)Schedule 8, part 5, table, entry for Highlands groundwater management area—groundwater management area other than Sandy Creek Alluvium groundwater sub-area, column 2, ‘7,000’—
omit, insert—6,579
(4)Schedule 8, part 5, table, entry for Fitzroy Groundwater Unit 1, column 2, ‘20,000’—
omit, insert—1,986
(5)Schedule 8, part 5, table, entry for Carnarvon groundwater management area, column 2, ‘1,000’—
omit, insert—820
49Amendment of sch 13 (Dictionary)
(1)Schedule 13, definitions 2010 authorisation, 2010 authorisation volume, accounted use, amending authorisation, annual adjusted use volume, annual entitlement, Callide groundwater notification area, carry over, converted section 129 authorisation, converting authorisation, deemed use, Don and Dee Rivers and Alma Creek Water Management Area, enterprise infrastructure, existing groundwater works, forward draw, HOU consideration period, hydraulic habitat requirements, Isaac Connors groundwater notification area, potential productive capacity, pre-2010 contributing authorisation, pre-conversion use volume, prescribed authorisation, prescribed existing groundwater works, previous authorisation, previous section 51, section 129 authorisation, section 137(c) allocation, this plan, water accounts and water year—
omit.(2)Schedule 13—
insert—groundwater sub-area zone means a groundwater sub-area zone under section 7.Rookwood Weir Water Supply Scheme is the scheme for the supply of water under the resource operations licence for the Rookwood Weir Water Supply Scheme.water licence zone see section 7C.water management area see section 7A.water management area zone means a water management area zone under section 7B.water supply scheme see section 7D.water supply scheme zone means a water supply scheme zone under section 7E.(3)Schedule 13, definition Braeside Borefield—
relocate to section 28(3).(4)Schedule 13, definition Callide Valley groundwater computer program—
relocate to section 25(4), as inserted by this plan.(5)Schedule 13, definitions ecological assets and refugia—
relocate to section 14(2), as inserted by this plan.(6)Schedule 13, definitions hyporheic zone and water bore—
relocate to section 27(3), as inserted by this plan.(7)Schedule 13, definition mine dewatering—
relocate to section 118(3), as inserted by this plan.(8)Schedule 13, definitions modern coastal deposits and quaternary alluvium—
relocate to section 7(8), as inserted by this plan.(9)Schedule 13, definition previous plan—
relocate to section 111(5).(10)Schedule 13, definition simulated mean annual diversion—
relocate to section 94(2), as inserted by this plan.(11)Schedule 13, definition volume density—
relocate to section 29(4), as inserted by this plan.
This plan expires on the day after it is notified.