Water Resource (Great Artesian Basin) Plan 2006

1Short title

This water resource plan may be cited as the Water Resource (Great Artesian Basin) Plan 2006 .

2Purposes of plan

The following are the purposes of this plan—

(a)to define the availability of water in the plan area;

(b)to provide a framework for sustainably managing water and the taking of water;

(c)to identify priorities and mechanisms for dealing with future water requirements.

3Definitions

The dictionary in schedule 6 defines particular words used in this plan.

4Plan area

This plan applies to the area shown as the plan area on the map in schedule 1.

5Management areas and management units

(1)Each management area mentioned in this plan is shown on the map in schedule 2.

(2)Each management area mentioned in schedule 4, column 1, is divided into the management units mentioned, for the management area, in schedule 4, column 2.

(3)Each management unit comprises the aquifers mentioned, for the management unit, in schedule 4, column 3.

6Maps held in digital electronic form

(1)The exact location of the boundaries on maps shown in schedules 1, 2 and 3 is held in digital electronic form by the department.

(2)The information held in digital electronic form can be reduced or enlarged to show the details of each boundary.

7Water to which plan applies

This plan applies to the following water in or from management units in the plan area—

(a)artesian water;

(b)subartesian water connected to artesian water;

(c)water in springs connected to—

(i)artesian water; or

(ii)subartesian water connected to artesian water.

8Outcomes, including ecological outcomes, for the plan area

Water is to be allocated and managed in a way that seeks to achieve a balance in the following outcomes—

(a)to protect the flow of water to springs and baseflow to watercourses that support significant cultural and environmental values;

(b)to provide for the continued use of all water entitlements and other authorisations to take or interfere with water;

(c)to reserve water in storage in aquifers for future generations;

(d)to ensure a reliable supply of water from the plan area;

(e)to make water available for new users.

9Strategies

(1)This part states the strategies for achieving the outcomes mentioned in part 3.

(2)The strategies—

(a)form part of a broad framework for the management of natural resources; and

(b)complement other activities for advancing the sustainable management of water including the Great Artesian Basin Sustainability Initiative.

10Decisions about taking water

(1)The chief executive must not make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water that may be taken in the plan area.

(2)A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.

(3) Subsections (1) and (2) do not apply to a decision—

(a)about a water permit; or

(b)about a water licence for taking or interfering with water only for stock or domestic purposes; or

(c)to grant a water licence for the purpose of ‘stock intensive’ to replace a water licence for stock purposes, for a cattle feedlot of not more than 49 standard cattle units, in existence immediately before 1 March 1998; or

(d)about a water licence for associated water under the Petroleum and Gas (Production and Safety) Act 2004 ; or

(e)about reinstating or replacing an expired water licence; or

(ea)to grant a water licence to the Toowoomba Regional Council of up to 2000ML for town water supply; or

(f)to grant a water licence under section 15 (b); or

(g)to grant a water licence under section 33; or

(h)about unallocated water, made under division 4; or

(i)about water sharing rules; or

(j)required to be made under the resource operations plan.

s 10 amd 2014 SL No. 142 s 101; 2014 Act No. 64 s 251

11Limitation on taking or interfering with water—Act, s 101

(1)In a management area other than Eastern Downs, Mulgildie or Clarence Moreton, a person may not take or interfere with underground water other than—

(a)for domestic purposes; or

(b)under a water entitlement or other authorisation held before the commencement of this plan; or

(c)under an authorisation mentioned in section 10 (3).

(2)In the Eastern Downs, Mulgildie and Clarence Moreton management areas, a person may not take or interfere with underground water other than—

(a)for stock or domestic purposes; or

(b)under a water entitlement or other authorisation held before the commencement of this plan; or

(c)under an authorisation mentioned in section 10 (3).

s 11 amd 2013 Act No. 23 s 352 sch 1 pt 2

sub 2014 Act No. 64 s 252

12Protection of springs

A water licence granted for taking water in the plan area must be consistent with the criteria for the protection of the flow of water to springs and baseflow to watercourses stated in the resource operations plan.

div hdg sub 2014 SL No. 142 s 102

14Continued taking of water in Clarence Moreton management area authorised

(1)An owner of an existing water bore in the Clarence Moreton management area other than the Gatton–Esk Road implementation area who, on the commencement of this plan, is using the bore to take artesian or subartesian water may continue to use the bore to take water.

(2)A person who, on the commencement, is taking artesian or subartesian water in the Clarence Moreton management area to prevent the water entering a mine may continue to take water.

s 14 amd 2014 SL No. 142 s 104

15Granting water licences

The chief executive may, under section 212 of the Act—

(a)grant a water licence to take artesian or subartesian water to a person authorised under section 14 to continue taking water; or

(b)grant a water licence to take artesian or subartesian water, for a groundwater-dependent activity, to an owner of land in the Clarence Moreton management area who, in the approved form, satisfies the chief executive that, on 18 August 2005, the owner had—

(i)a water bore that allowed taking artesian or subartesian water; and

(ii)a commitment to a groundwater-dependent activity.

s 15 sub 2014 SL No. 142 s 105

16Unallocated water held as general or State reserve

Unallocated water is held as a general or State reserve and dealt with under this division.

17Granting unallocated water

Unallocated water may be granted from the general or State reserve under a process in the resource operations plan.

18Matters chief executive must consider

(1)In dealing with unallocated water, the chief executive must consider—

(a)the need for, and efficiency of, current and proposed uses of water, including—

(i)the extent to which water is being taken under current authorisations in the plan area; and

(ii)emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and

(iii)alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and

(b)the availability of an alternative water supply for the purpose for which the water is required; and

(c)the impact the proposed taking of, or interfering with, the water may have on—

(i)the flow of water to springs or baseflow to watercourses; and

(ii)artesian water pressure; and

(iii)subartesian water levels; and

(d)the impact the proposed taking of, or interfering with, the water may have on existing water entitlements and other authorities to take or interfere with water.

(2) Subsection (1) does not limit the matters the chief executive may consider.

19Decisions about granting unallocated water for particular purposes

In making a decision about granting unallocated water for a purpose mentioned in section 25 (1), the chief executive—

(a)must consider whether unallocated water is available to be granted from the State reserve for the purpose; and

(b)if unallocated water is available—may require the person wishing to be granted the water to lodge an application for unallocated water from the State reserve.

20Granting water from general or State reserve

(1)The chief executive may require an applicant for water from the general or State reserve to—

(a)investigate the likely impact the proposed taking of water may have on artesian water pressure or subartesian water levels; and

(b)include the results of the investigation with the application.

(2)If the chief executive grants a water licence for water from the general or State reserve, the chief executive may impose conditions on the licence requiring the holder of the licence to—

(a)provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and

(b)carry out and report on a stated monitoring program.

21Application of sdiv 2

This subdivision applies to unallocated water that is held as a general reserve.

22Limitation on volume of unallocated water granted

(1)The total of the volumetric limits, for water licences for water granted from the general reserve in a management area mentioned in schedule 5, column 1, is stated opposite the management area in schedule 5, column 2.

(2)In granting water from a management area mentioned in schedule 5, column 1, the chief executive must, as far as is practicable, grant the water—

(a)from the management units mentioned in schedule 5, column 3 opposite the management area; and

(b)for each management unit, in the volume mentioned opposite the management unit in schedule 5, column 4.

23Limitation on use of unallocated water granted

A water licence for water granted under this subdivision for irrigation in the plan area of the Water Resource (Cooper Creek) Plan 2000 may allow irrigating only—

(a)an area of not more than 10ha of crops for feeding stock; or

(b)an area of not more than 2ha of horticultural crops.

24Application of sdiv 3

This subdivision applies to unallocated water that is held as a State reserve.

25Limitation on purpose for granting unallocated water

(1)Unallocated water may be granted from the State reserve only for the following purposes—

(a)a project of State significance;

(b)a project of regional significance;

(c)for water granted to a local government—town water supply purposes.

(2)Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.

div hdg sub 2014 SL No. 142 s 106

25AProjects of regional significance

The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—

(a)the outcomes stated in part 3;

(b)the economic or social impact the project will have on the region;

(c)the public interest and the welfare of people in the region;

(d)any other relevant consideration.

s 25A ins 2014 Act No. 40 s 154 sch 1 pt 5

26Limitation of volume of unallocated water granted

The volumetric limits, for water licences for water granted from the State reserve is—

(a)for the Cape management area—a total of 9800ML; and

(b)for all other management areas—a combined total of 10,000ML for all the areas.

s 26 sub 2014 Act No. 64 s 253

30Granting water from State reserve

The resource operations plan may state the management areas and management units in which water may be granted from the State reserve.

32Consultation with other States

(1) Subsection (2) applies if—

(a)the chief executive proposes to make a decision about the grant or amendment of a water licence; and

(b)the decision could have an adverse impact on artesian water pressure or subartesian water levels at the border of Queensland and another State.

(2)The chief executive must consult with the other State before making the decision.

33Water licence to replace particular authority to take water—Act, s 212

(1)The chief executive may, under section 212 of the Act, grant a water licence to take or continue to take water that could have been taken under an authority under the Act or the repealed Act, in existence on 19 February 2005.

(2)In this section—

authority under the Act or the repealed Act includes correspondence from the department recording the chief executive’s intention to grant a water licence allowing the taking of water.

34Amendment of water licences to state volumetric limit

(1)This section applies to a water licence to take water in the plan area that does not state a maximum volume of water that may be taken under the licence.

(2)The chief executive must, during the period this plan is in force, amend the licence, under section 217 of the Act, to state a volumetric limit.

(3)In deciding the volumetric limit, the chief executive must have regard to the following—

(a)the conditions of the licence;

(b)the efficiency of the current use of water having regard to industry best practice in efficient water use;

(c)the impact the taking is having on—

(i)the flow of water to springs or baseflow to watercourses; and

(ii)artesian water pressure; and

(iii)subartesian water levels;

(d)the sustainable management of water in the management unit to which the licence relates;

(e)the impact the taking is having on existing water entitlements and other authorities to take or interfere with water;

(f)the availability of an alternative water supply for the purpose for which the water is being taken.

(4) Subsection (3) does not limit the matters the chief executive may consider.

(5)A water licence, in not stating a maximum volume of water that may be taken, is not inconsistent with this plan if the licence is only—

(a)for stock or domestic purposes; or

(b)to lower water levels to prevent water entering a mine; or

(c)for associated water under the Petroleum and Gas (Production and Safety) Act 2004 .

35Relationship with Sustainable Planning Act 2009

(1)In a management area other than Eastern Downs, Mulgildie or Clarence Moreton—

(a)works for taking subartesian water are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(c)(ii); and

(b)works replacing works, mentioned in paragraph (a), for which a development permit is held or, under section 1048A of the Act, taken to be held, are self-assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 2, table 4, item 1(b)(ii).

(2)In the Eastern Downs, Mulgildie and Clarence Moreton management areas—

(a)works for taking subartesian water for other than stock or domestic purposes are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(c)(ii); and

(b)works replacing works, mentioned in paragraph (a), for which a development permit is held or, under section 1048A of the Act, taken to be held, are self-assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 2, table 4, item 1(b)(ii); and

(c)works for taking subartesian water for stock or domestic purposes are self-assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 2, table 4, item 1(b)(ii).

(3)However, subsections (1) and (2) do not apply to works for a water bore for monitoring the physical, chemical or biological characteristics of subartesian water in an aquifer.

Examples of physical characteristics of subartesian water—

standing water level, water discharge rate, water pressure

s 35 amd 2009 SL No. 280 s 178; 2014 Act No. 29 s 150

pt hdg sub 2014 SL No. 142 s 110

37Monitoring and reporting requirements

(1)To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3, the resource operations plan must state—

(a)the monitoring requirements for water and natural ecosystems for this plan; and

(b)the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.

(2)Also, monitoring requirements for this plan are to—

(a)monitor the flow of water from management units supplying water to springs in the plan area; and

(b)monitor baseflow to watercourses in the plan area.

(3)The monitoring and reporting requirements are to be achieved by—

(a)monitoring programs administered by relevant State agencies; and

(b)if a water licence requires the holder of the licence to carry out a monitoring program—the program carried out by the holder.

(4) Subsections (1) and (2) do not limit the monitoring requirements the chief executive may impose for this plan.

s 37 sub 2014 SL No. 142 s 110

38Minister’s report on plan—Act, s 53

(1)The Minister’s report on this plan must be prepared for a period (the reporting period)—

(a)starting on the commencement of this plan; and

(b)ending within 5 years—

(i)for the first report—after the beginning of the financial year in which this plan commenced; and

(ii)for subsequent reports—after the end of the previous reporting period.

(2)The Minister’s report must be prepared within 12 months after the end of the reporting period to which the report relates.

(3)In this section—

previous reporting period, in relation to a reporting period, means the reporting period immediately preceding the reporting period.

s 38 sub 2014 SL No. 142 s 110

41Stated amendment of plan—Act, s 56 (4)

An amendment to vary the volume of water that may be granted from the general or State reserve may be made to this plan under section 56 (4) of the Act.

42Minor or stated amendments of plan—Act, 57(b)

Minor amendments of the boundaries of management areas may be made to this plan under section 57 (b) of the Act.

section 4

section 5 (1)

sch 6, definition Gatton–Esk Road implementation area

section 5

section 22

sch 5 sub 2014 SL No. 142 s 112

section 3

baseflow, to a watercourse, means the natural discharge of artesian or subartesian water into the watercourse.

commitment, in relation to a groundwater-dependent activity, means—

(a)if a tree clearing permit is required under the Vegetation Management Act 1999 for the activity—a permit has been granted; and

(b)either—

(i)infrastructure for taking or distributing groundwater has been constructed; or

(ii)a financial commitment to the construction of the infrastructure has been made; or

(iii)local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held.

Example of financial commitment—

a loan has been granted for the activity on the basis that irrigation would be permitted

existing water bore—

1

Existing water bore means a water bore that—

(a)allows taking artesian or subartesian water; and

(b)was in existence on—

(i)for the Mulgildie management area—13 May 2005; or

(ii)for the part of the Clarence Moreton management area mentioned in the moratorium notice published on 24 March 2005—18 August 2005; or

(iii)for the remainder of the Clarence Moreton management area—on the commencement of this plan.

2The term does not include a water bore that allows taking artesian or subartesian water only for stock or domestic purposes.

Note—

See section 20 (Authorised taking of water without water entitlement) of the Act.

Gatton–Esk Road implementation area see schedule 3.

Great Artesian Basin Sustainability Initiative means the agreement between the State and the Commonwealth to subsidise the repair of uncontrolled bores and replace bore drains with piped distribution systems.

groundwater-dependent activity means an activity that uses artesian or subartesian water, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise.

lot means—

(a)a lot under the Land Title Act 1994 ; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 .

management area see section 5.

management unit see section 5.

plan area means the area shown as the plan area on the map in schedule 1.

project of regional significance means a project the chief executive considers to be a project of regional significance under section 25A.

def project of regional significance sub 2014 Act No. 40 s 154 sch 1 pt 5

project of state significance means a project declared under the State Development and Public Works Organisation Act 1971 to be a coordinated project.

def project of state significance amd 2014 Act No. 40 s 154 sch 1 pt 5

resource operations plan means the resource operations plan to implement this plan.

this plan means this water resource plan.

volumetric limit, for a water licence, has the same meaning as volumetric limit has in the Act, section 120B, for a water allocation.

works replacing works means works that, in relation to the works being replaced, are a replacement bore within the meaning of the Code for Self-assessable Development of Replacement Bores.

Note—

A copy of the code is available on the department’s website.