Water Act 2000

Water Act 2000

An Act to provide for the sustainable management of water and other resources and the establishment and operation of water authorities, and for other purposes

Long title amd 2008 No. 34 s 667

pt hdg ins 2010 No. 12 s 238

1Short title

This Act may be cited as the Water Act 2000 .

2Commencement

(1)The following provisions of schedule 2 are taken to have commenced on 1 July 2000—

(a)amendments 19 and 20 of the Integrated Planning Act 1997 ;

(b)amendment 2 of the Local Government Act 1993 .

(2)The following provisions of this Act commence on assent—

•chapter 1

•chapter 2, parts 1, 2 (except section 20 (3)) and part 3, divisions 1 and 2

•chapter 5, parts 1, 2 and part 3, division 3

•chapter 6, parts 1, 2 and 3

•chapter 7

•chapter 8, sections 1006, 1007 and 1009 to 1014

•chapter 9, part 1, sections 1037 to 1045, 1051, 1052, 1054 and 1108 and part 5

• schedule 2, amendment of the Integrated Planning Act 1997 amendments 1 and 14

• schedule 3, amendments of the Aboriginal Land Act 1991 , the Forestry Act 1959 , the State Development and Public Works Organisation Act 1971 , and the Torres Strait Islander Land Act 1991

• schedule 3, amendment of the Water Resources Act 1989 , amendments 1, 2, 3, 4, 5, 6 and 11.

(3) Section 1063 commences on 1 October 2000.

(4)The following provisions, as inserted by the Water Amendment Act 2001 , commence on the assent of that Act—

• section 37

• section 40A

• section 42A

• section 49A

• section 78A

• section 107

• section 111A

• section 120A

• section 122A

• sections 128A to 130

• section 184A

• sections 189A to 190

• sections 195 to 197

• section 382

• section 583

• sections 598 to 598A

• section 959

• section 1004A

• section 1010A

• section 1013A

•chapter 9, part 4A.

(5)The remaining provisions of this Act commence on a day to be fixed by proclamation.

s 2 amd 2001 No. 75 s 4 (retro)

3Act binds all persons

(1)This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.

(2) Subsection (1) does not apply to—

(a)the operation of the State Development and Public Works Organisation Act 1971 ; or

(b)the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971 .

s 3 (prev s 4) renum 2014 No. 64 s 61

pt hdg ins 2010 No. 12 s 239

sub 2014 No. 64 s 62

4Definitions

The dictionary in schedule 4 defines particular words used in this Act.

s 4 (prev s 3) reloc and renum 2014 No. 64 a 60

5Meaning of watercourse

(1)A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events—

(a)in a natural channel, whether artificially modified or not; or

(b)in an artificial channel that has changed the course of the stream.

(2)A watercourse includes any of the following located in it—

(a)in-stream islands;

(b)benches;

(c)bars.

(3)However, a watercourse does not include a drainage feature.

(4)Further—

(a)unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is—

(i)upstream of the downstream limit of the watercourse; and

(ii)between the lateral limits of the watercourse; and

(b)a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse.

Note for paragraph (b)—

Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003 , would not correspond precisely with the line of the outer bank of a watercourse under this Act.

(5)In this section—

adjoining includes being bounded by, being adjacent to, or abutting.

lateral limits, of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse.

s 5 ins 2010 No. 12 s 239

amd 2014 No. 64 s 63

5AAWatercourse etc. may be mapped

(1)The chief executive may prepare a map (watercourse identification map) identifying any of the following features—

(a)a watercourse (other than its lateral limits);

(c)the downstream limit of a watercourse;

(d)a drainage feature;

(e)a lake;

(f)a spring.

(2)The watercourse identification map must be—

(a)certified by the chief executive as the watercourse identification map as in force from a stated day; and

(b)published, in digital electronic form, on the department’s website.

(3)A feature identified on the watercourse identification map as a watercourse is taken to be a watercourse (to the extent of its lateral limits) for this Act.

(5)A position or feature identified on the watercourse identification map as the downstream limit of a watercourse is taken to be the downstream limit of the watercourse for this Act.

(6)A feature identified on the watercourse identification map as a drainage feature is taken to be a drainage feature for this Act.

(7)A feature identified on the watercourse identification map as a lake is taken to be a lake for this Act.

(8)A feature identified on the watercourse identification map as a spring is taken to be a spring for this Act.

(9)The chief executive must consult with the chief executive of the department in which the Coastal Protection and Management Act 1995 is administered before identifying a feature on the watercourse identification map as the downstream limit of a watercourse.

(10)In this section—

watercourse includes part of a watercourse.

s 5AA ins 2014 No. 64 s 64

5AMeaning of outer bank

(1)The outer bank, at any location on one side of a watercourse, is—

(a)if there is a floodplain on that side of the watercourse—the edge of the floodplain that is on the same side of the floodplain as the watercourse; or

(b)if there is not a floodplain on that side of the watercourse—the place on the bank of the watercourse marked by—

(i)a scour mark; or

(ii)a depositional feature; or

(iii)if there are 2 or more scour marks, 2 or more depositional features or 1 or more scour marks and 1 or more depositional features—whichever scour mark or depositional feature is highest.

(2)However, subsection (3) applies if, at a particular location in the watercourse—

(a)there is a floodplain on one side of the watercourse; and

(b)the other side of the watercourse is confined by a valley margin.

Examples of valley margin—

hill, cliff, terrace

(3)Despite subsection (1) (b), the outer bank on the valley margin side of the watercourse is the line on the valley margin that is at the same level as the outer bank on the other side of the watercourse.

(4)Despite subsections (1) to (3), if under this part the chief executive has declared an outer bank on a side of a watercourse for any length of the watercourse, the outer bank on that side of the watercourse for that length is the outer bank as declared by the chief executive.

(5)To remove any doubt, it is declared that an outer bank of a watercourse—

(a)can not be, or be a part of, an in-stream island, bench or bar located in the watercourse; and

(b)can not be generally closer to the middle of the watercourse than any part of an in-stream island, bench or bar located in the watercourse.

s 5A ins 2010 No. 12 s 239

5BDeclaration of outer bank

(1)The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length) of the watercourse.

(2)The chief executive may make a declaration under subsection (1) only if—

(a)it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or

(b)the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act.

(3)If the chief executive acts under subsection (2) (a), the chief executive must, in making a declaration under subsection (1), take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it.

(4)However, a declaration can not have effect to locate an outer bank for any period before the declaration is made.

s 5B ins 2010 No. 12 s 239

10Purpose of ch 2

(1)The purpose of this chapter is to advance sustainable management and efficient use of water and other resources by establishing a system for the planning, allocation and use of water.

(2)For subsection (1), sustainable management is management that—

(a)allows for the allocation and use of water for the physical, economic and social wellbeing of the people of Queensland and Australia within limits that can be sustained indefinitely; and

(b)protects the biological diversity and health of natural ecosystems; and

(c)contributes to the following—

(i)improving planning confidence of water users now and in the future regarding the availability and security of water entitlements;

(ii)the economic development of Queensland in accordance with the principles of ecologically sustainable development;

(iii)maintaining or improving the quality of naturally occurring water and other resources that benefit the natural resources of the State;

(iv)protecting water, watercourses, lakes, springs, aquifers, natural ecosystems and other resources from degradation and, if practicable, reversing degradation that has occurred;

(v)recognising the interests of Aboriginal people and Torres Strait Islanders and their connection with the landscape in water planning;

(vi)providing for the fair, orderly and efficient allocation of water to meet community needs;

(vii)increasing community understanding of the need to use and manage water in a sustainable and cost efficient way;

(viii)encouraging the community to take an active part in planning the allocation and management of water;

(ix)integrating, as far as practicable, the administration of this Act and other legislation dealing with natural resources.

(3)For subsection (1), efficient use of water—

(a)incorporates demand management measures that achieve permanent and reliable reductions in the demand for water; and

(b)promotes water conservation and appropriate water quality objectives for intended use of water; and

(c)promotes water recycling, including, for example, water reuse within a particular enterprise to gain the maximum benefit from available supply; and

(d)takes into consideration the volume and quality of water leaving a particular application or destination to ensure it is appropriate for the next application or destination, including, for example, release into the environment.

11Meaning of principles of ecologically sustainable development

The following principles are principles of ecologically sustainable development—

(a)decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

(b)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(c)the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

(d)the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

(e)recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

(f)decisions and actions should provide for broad community involvement on issues affecting them.

12Advancing chapter’s purpose

If, under this chapter, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances this chapter’s purpose.

div hdg ins 2003 No. 25 s 19

19Rights in all water vests in State

All rights to the use, flow and control of all water in Queensland are vested in the State.

Note—

See, however, section 972C (Offence to take or interfere with water if development permit required).

div 1A note ins 2013 No. 23 s 290

div hdg ins 2013 No. 23 s 290

20General authorisations

(1)A person may do the following—

(a)take water for a public purpose in an emergency situation;

(b)take water for fighting a fire;

(c)take water for undertaking routine testing of firefighting equipment;

(d)take, or interfere with, water to construct a bore to be used for firefighting;

(e)take water from a watercourse, lake or spring for camping purposes;

(f)take water from a watercourse, lake or spring for watering travelling stock;

(g)interfere with overland flow water.

(2)A person may, subject to any relevant alteration or limitation prescribed under a moratorium notice or water resource plan, do the following—

(a)take water if doing so is necessary to carry out an activity prescribed under a regulation;

(b)take overland flow water for any purpose;

(c)take or interfere with subartesian water for any purpose.

(3)However—

(a) subsection (2) does not apply for subartesian water if a regulation under section 1046 regulates the taking of or interfering with the water; and

(b)a person’s right to take or interfere with water under the regulation is subject any relevant alteration or limitation prescribed under a moratorium notice.

(4)A person may interfere with water if—

(a)the interference is a diversion of a watercourse and is associated with a resource activity; and

(b)the impacts of the interference were assessed as part of a grant of an environmental authority for the resource activity; and

(c)the environmental authority was granted with a condition about the diversion of the watercourse.

(5)In this section—

resource activity see the Environmental Protection Act 1994 , section 107.

s 20 amd 2003 No. 25 s 20; 2005 No. 19 s 4; 2005 No. 42 s 52 sch 1; 2011 No. 8 s 111; 2011 No. 40 s 9; 2013 No. 23 s 289A

sub 2013 No. 23 s 290

amd 2014 No. 40 s 131

20ALand owners

(1)An owner of land on which there is water collected in a dam across a watercourse or lake may take the water for stock or domestic purposes.

(2)An owner of land adjoining a watercourse, lake or spring may take water from the watercourse, lake or spring for stock or domestic purposes.

(3)However, the water can not be taken for domestic purposes if the land is—

(a)declared under a regulation; and

(b)subdivided after the regulation is made.

(4)An owner of land on which there is overland flow water or overland flow water that has been collected into a dam, may take the water for stock or domestic purposes.

(5)An owner of land may take water from a watercourse, lake or spring for stock or domestic purposes if—

(a)for a watercourse, lake or spring located in the plan area for a water resource plan—the water is taken from a location, and in the way, stated in the plan; or

(b)otherwise—the water is taken from a location, and in the way, prescribed under the regulation.

(6)In this section—

land includes any land contiguous with the land adjoining the watercourse, lake or spring if all the land is owned by the same owner.

s 20A ins 2013 No. 23 s 290

20BAboriginal and Torres Strait Islander parties

(1)An Aboriginal party or Torres Strait Islander party may, in the area of the State for which the person is an Aboriginal or Torres Strait Islander party, take or interfere with water for traditional activities or cultural purposes.

(2)In this section—

Aboriginal party see the Aboriginal Cultural Heritage Act 2003 , section 35.

cultural purpose means an activity, other than a commercial activity, that supports the maintenance or protection of the following—

(a)Aboriginal cultural heritage within the meaning of the Aboriginal Cultural Heritage Act 2003 , section 8;

(b)Torres Strait Islander cultural heritage within the meaning of the Torres Strait Islander Cultural Heritage Act 2003 , section 8.

Torres Strait Islander party see the Torres Strait Islander Cultural Heritage Act 2003 , section 35.

traditional activities, for an Aboriginal party or Torres Strait Islander party, means any of the following activities the party carries out in accordance with Aboriginal tradition or Island custom—

(a)hunting, fishing, gathering or camping;

(b)performing rites or other ceremonies;

(c)visiting sites of significance.

s 20B ins 2013 No. 23 s 290

20CParticular entities

(1)A petroleum tenure holder may take or interfere with water to construct—

(a)a water observation bore within the meaning of the Petroleum Act 1923 or Petroleum and Gas (Production and Safety) Act 2004 ; or

(b)a water monitoring bore.

(2)A constructing authority or water service provider may take water to operate public showers or toilets.

(3)A constructing authority may take water to construct or maintain infrastructure if—

(a)the construction or maintenance is lawful; and

(b)the taking of water for that purpose is prescribed under a regulation; and

(c)the constructing authority complies with the following conditions—

(i)those prescribed under a regulation; or

(ii)those fixed by the chief executive, by notice given to the constructing authority, about the taking of water.

(4)The conditions may do all or any of the following—

(a)limit the volume of water the constructing authority may take in a year for a particular project;

(b)limit the volume of water the constructing authority may take from a particular source at a particular location during a stated period;

(c)require the constructing authority to give the chief executive notice of the constructing authority’s intention to take water from a particular source;

(d)require the constructing authority to take the water only through a meter of a type approved by the chief executive;

(e)require the constructing authority to give a written report to the chief executive about stated matters for the water taken;

Examples of matters about which a report may be required—

•the locations from which water was taken

•the source from which the water was taken

•the volume of water taken from a source

•the day on which the water was taken

(f)require the constructing authority to obtain written approval from the operator of a water supply scheme before taking water managed under an interim resource operations licence, resource operations licence or distribution operations licence.

s 20C ins 2013 No. 23 s 290

div hdg ins 2003 No. 25 s 24

22Limiting or prohibiting taking, or interfering with, water during emergencies

(1) Subsection (2) applies if the Minister is satisfied urgent action should be taken because—

(a)there is a shortage of water; or

(b)there is a thing in harmful quantities in water.

(2)The Minister must publish a notice—

(a)reducing, for a particular purpose or otherwise, either or both of the following—

(i)the volume of water a person may take;

(ii)the rate at which, and the times when, a person may take water; or

(b)reducing a person’s entitlement to interfere with water; or

(c)prohibiting the taking of, or interfering with, water.

(3)The reduction or prohibition has effect despite any authority a person has under another provision of this Act.

(4)The notice remains in force until whichever of the following first happens—

(a)the commencement of a regulation dealing with the matters mentioned in subsection (2);

(b)the end of 21 days after the day the notice is published.

(5)The notice is subordinate legislation.

(6)Only 1 notice may be published under subsection (2) for each shortage of water or occurrence of a thing in harmful quantities in water.

(7)A person must not take, or interfere with, water in contravention of the notice.

Maximum penalty for subsection (7)—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

s 22 amd 2013 No. 23 s 352 sch 1 pt 1; 2013 No. 51 s 229 sch 1

23Regulation may limit taking or interfering with water for 1 year

(1)This section applies if—

(a)there is a shortage of water; or

(b)there is a thing in harmful quantities in water.

(2)A regulation may—

(a)reduce, for a particular purpose or otherwise, either or both of the following—

(i)the volume of water a person may take;

(ii)the rate at which, and the times when, a person may take water; or

(b)reduce a person’s entitlement to interfere with water; or

(c)prohibit the taking of, or interfering with, water.

(3)The reduction or prohibition has effect despite any authority a person has under another provision of this Act.

(4)The regulation must state the period, not being more than 1 year, for which the regulation has effect.

(5)A person must not take, or interfere with, water in contravention of the regulation.

Maximum penalty for subsection (5)—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

s 23 amd 2013 No. 23 s 352 sch 1 pt 1; 2013 No. 51 s 229 sch 1

24Limiting taking of water under s 20 or 20A

(1)If there is a shortage of water, the chief executive may, by publishing a notice, limit or prohibit either of the following—

(a)the taking, under section 20 (2) (a), of water from a watercourse, lake or spring for a relevant purpose;

(b)the taking, under section 20A (1), (2) or (5), of water for a relevant purpose.

(2)If the notice is for limiting the taking of water, the notice may be for either or both of the following—

(a)the times when water may be taken;

(b)the volume of water, measured or estimated, that may be taken.

(3)The notice remains in force for the period stated in the notice or, if no period is stated, until the chief executive publishes another notice withdrawing the first notice.

(4)A person must not take water in contravention of the notice.

Maximum penalty—500 penalty units.

(5)In this section—

relevant purpose means either of the following—

(a)the domestic purpose of watering a garden;

(b)stock purposes generally.

s 24 (prev s 21) amd 2003 No. 25 s 21

renum 2003 No. 25 s 22

reloc 2003 No. 25 s 25

amd 2013 No. 23 s 352 sch 1 pt 2; 2014 No. 29 s 131

25Limiting water taken under water licence, permit, allocation or under s 20C (3)

(1)If there is a shortage of water, the chief executive may, by publishing a notice, limit the water that may be—

(a)taken under a water licence; or

(b)taken under a water permit; or

(c)taken under a water allocation not managed under a resource operations licence; or

(d)taken under section 20C (3).

(2)The notice may be for any 1 or more of the following—

(a)the times when water may be taken;

(b)the purpose for which water may be taken;

(c)the volume of water, measured or estimated, that may be taken for a stated purpose.

(3)The notice remains in force for the period stated in the notice or, if no period is stated, until the chief executive publishes another notice withdrawing the first notice.

(4)A person must not take water in contravention of the notice.

Maximum penalty for subsection (4)—500 penalty units.

s 25 prev s 25 om 2003 No. 25 s 26

pres s 25 (prev s 246) amd 2003 No. 24 s 85 (1)

renum and reloc 2003 No. 25 s 85 (2)

amd 2005 No. 19 s 5; 2011 No. 8 s 112; 2013 No. 23 s 352 sch 1

div hdg ins 2005 No. 56 s 4

sdiv hdg ins 2005 No. 56 s 4

25AMeaning of water supply emergency

(1)A water supply emergency is a situation in which there is a demonstrably serious risk the State’s, or a part of the State’s, essential water supply needs will not be met.

(2)The following are examples of circumstances from which a situation mentioned in subsection (1) may arise—

(a)failure of a large part of water supply, treatment or distribution infrastructure or wastewater infrastructure;

(b)extended severe drought conditions;

(c)contamination of a water storage used for essential water supply needs causing the water to be unfit for supply.

(3)In this section—

demonstrably, in relation to a serious risk, means the serious risk can be demonstrated by reliable data about water supply.

essential water supply needs means water supply for—

(a)domestic purposes; or

(b)essential services, including the generation or distribution of electricity; or

(c)processing or refining minerals or petroleum in the local government area of the Gladstone Regional Council.

s 25A ins 2005 No. 56 s 4

amd 2007 No. 59 s 144

sdiv hdg ins 2005 No. 56 s 4

25BDeclaration of water supply emergency

(1)The Minister may make a water supply emergency declaration if the Minister is satisfied—

(a)there is a water supply emergency; or

(b)a water supply emergency is developing.

(2)Before making a water supply emergency declaration, the Minister must have regard to other measures, instead of a water supply emergency declaration, that could be taken under this or another Act to deal with the water supply emergency.

(3)The water supply emergency declaration—

(a)has effect from the time it is made by the Minister or the later day stated in the declaration; and

(b)remains in force until the earlier of the following—

(i)the commencement of a regulation dealing with the matters mentioned in the declaration;

(ii)the end of 20 business days after the declaration takes effect.

(4)As soon as possible after making a water supply declaration, the Minister must give a copy of the declaration to each service provider to which the declaration applies.

(5)As soon as practicable after making a water supply declaration, the Minister must publish a copy of the declaration in the gazette.

s 25B ins 2005 No. 56 s 4

amd 2014 No. 51 s 3

25CContents of water supply emergency declaration

(1)A water supply emergency declaration must state—

(a)the water supply emergency to which the declaration applies; and

(b)the part of the State to which the declaration applies; and

(c)the service providers to which the declaration applies; and

(d)for dealing with the water supply emergency—

(i)the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii)if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii)if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a response (a water supply emergency response) stating the way the service provider intends to ensure the restrictions are complied with; and

(iv)the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v)that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a response (also a water supply emergency response) stating—

(A)the actions the service provider intends to take to achieve the outcomes; and

(B)if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with.

(2)The declaration must, to the greatest practicable extent, state, for the measures directed to be carried out or outcomes directed to be achieved—

(a)whether the State or 1 or more service providers are to pay the cost and, if more than 1 entity is to pay the cost, the apportionment of the costs; and

(b)if the State is to contribute to the cost—the amount to be contributed and the way in which it is to be paid; and

(c)the extent to which, and the service providers from whom, the State may recover any contributions made; and

(d)the extent to which, and the service provider’s customers or other service providers from whom, a service provider may recover the contributions made by the State and the costs approved by the Minister; and

(e)whether, and on what, a service provider may recover a rate of return and the service provider’s customers or other service providers from whom it may be recovered.

(3)A water supply emergency declaration may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the declaration.

(4)If a water supply emergency declaration for a part of the State is inconsistent with the objectives of a water resource plan for the part, the water supply emergency declaration is ineffective to the extent of the inconsistency.

(5)However—

(a)the water supply emergency declaration may, to the extent stated in the declaration, be inconsistent with—

(i)the resource operations plan that implements the water resource plan; or

(ii)a resource operations licence for the water to which the plan applies; or

(iii)an interim resource operations licence; and

(b)to the extent of the inconsistency, the water supply emergency declaration prevails.

s 25C ins 2005 No. 56 s 4

amd 2008 No. 34 s 668; 2014 No. 40 s 132

25CAAmendment of water supply emergency declaration

(1)This section applies if, when the Minister makes a water supply emergency declaration (the original declaration), it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C (2) (a) to (e).

(2)The Minister must, as soon as practicable after the original declaration is published in the gazette, and after consultation with the Treasurer, amend the original declaration to state the matters.

s 25CA ins 2008 No. 34 s 669

amd 2014 No. 51 s 4

25DMeasures mentioned in a water supply emergency declaration

The measures a service provider may, in a water supply emergency declaration, be directed to carry out are the following—

(a)to make available, water from the service provider’s authority under this Act to take or interfere with water or non-Act water, to—

(i)other service providers; or

(ii)entities responsible for generating electricity; or

(iii)the coordinator-general;

(b)to operate infrastructure to allow water, including non-Act water, to be supplied to the entities mentioned in paragraph (a);

(c)to make non-Act water available to a customer or type of customer;

(d)to operate infrastructure to allow non-Act water to be supplied to a customer or type of customer;

(e)to restrict, in the way stated in the declaration, the following—

(i)the volume of water taken by or supplied to a customer or type of customer;

(ii)the hours when water may be used on premises for stated purposes;

(iii)the way water may be used on premises;

(f)to apply a restriction imposed under paragraph (e) to water, including non-Act water, taken from a rainwater tank connected to the service provider’s reticulated water supply.

s 25D ins 2005 No. 56 s 4

25ERequirement to comply with water supply emergency declaration

(1)A service provider to whom a direction is given under a water supply emergency declaration must comply with the direction.

Maximum penalty—

(a)for a direction mentioned in section 25C (1) (d) (i)—1665 penalty units; or

(b)for a direction mentioned in section 25C (1) (d) (iii) or (v)—1000 penalty units.

Note—

See also the Water Supply Act, section 43 (4) to (6).

(2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the declaration.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove—

(a)the service provider made all reasonable efforts to comply with the direction; and

(b)the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

s 25E ins 2005 No. 56 s 4

amd 2008 No. 34 s 666 sch 2

25FRegulation about water supply emergency

(1)This section applies if—

(a)there is a water supply emergency; or

(b)a water supply emergency is developing.

(2)A regulation (a water supply emergency regulation) may state—

(a)the water supply emergency to which the regulation applies; and

(b)the part of the State to which the regulation applies; and

(c)the service providers to which the regulation applies; and

(d)for dealing with the water supply emergency—

(i)the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii)if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii)if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a water supply emergency response stating the way the service provider intends to ensure the restrictions are complied with; and

(iv)the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v)that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a water supply emergency response stating—

(A)the actions the service provider intends to take to achieve the outcomes; and

(B)if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with; and

(vi)any works that are to be carried out by the coordinator-general.

(2A)Before a water supply emergency regulation is made, the Minister must have regard to other measures, instead of a water supply emergency regulation, that could be taken under this or another Act to deal with the water supply emergency.

(3)For the matters mentioned in subsection (2) (d), the regulation must, to the greatest practicable extent, state the matters mentioned in section 25C (2) (a) to (e).

(4)The regulation may, to the extent stated in the regulation, continue the effect of a water supply emergency declaration.

(5)A water supply emergency regulation may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the regulation.

(6)The regulation, for the part of the State to which it applies, must not be inconsistent with the objectives of a water resource plan for the part.

(7)However—

(a)the regulation may, to the extent stated in the regulation, be inconsistent with—

(i)the resource operations plan that implements the water resource plan; or

(ii)a resource operations licence for the water to which the plan applies; or

(iii)an interim resource operations licence; and

(b)to the extent of the inconsistency, the regulation prevails.

s 25F ins 2005 No. 56 s 4

amd 2008 No. 34 s 670; 2010 No. 20 s 78; 2014 No. 51 s 5; 2014 No. 40 s 132

25FAAmendment of water supply emergency regulation

(1)This section applies if, when a water supply emergency regulation (the original regulation) is made, it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C (2) (a) to (e).

(2)The Minister must consult with the Treasurer about the matters.

(3)As soon as practicable after the original regulation is made, it must be amended to state the matters.

s 25FA ins 2008 No. 34 s 671

25GMeasures mentioned in a water supply emergency regulation

The measures a service provider may, under a water supply emergency regulation, be directed to carry out are the following—

(a)the measures mentioned in section 25D (a) to (f);

(b)to make changes to the service provider’s infrastructure, for example to improve efficiency by—

(i)reducing water losses from leakage from the service provider’s distribution system; or

(ii)bringing forward maintenance programs;

(c)to allow reasonable access, to connect to the service provider’s infrastructure and to operate and maintain the connection, to—

(i)other service providers; or

(ii)entities responsible for generating electricity; or

(iii)the coordinator-general;

(d)to implement a demand management program that, for a stated part of the State or type of customer, may include, but is not limited to, subsidising the installation by customers of water-saving devices;

(e)to design, construct and operate new infrastructure;

(f)to recommission and operate infrastructure that is not operating at the time the regulation is made.

s 25G ins 2005 No. 56 s 4

25HRequirement to comply with water supply emergency regulation

(1)A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction.

Maximum penalty—

(a)for a direction mentioned in section 25F (2) (d) (i)—1665 penalty units; or

(b)for a direction mentioned in section 25F (2) (d) (iii) or (v)—1000 penalty units.

(2) Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the regulation.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove—

(a)the service provider made all reasonable efforts to comply with the direction; and

(b)the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

s 25H ins 2005 No. 56 s 4

25IApproval of, or change to, response

(1)If the Minister is satisfied a water supply emergency response is adequate for carrying out the measures or to achieve the outcomes stated in a water supply emergency declaration or a water supply emergency regulation, the Minister must—

(a)approve the response; and

(b)give the service provider notice of the approval.

(2)If the Minister is not satisfied, the Minister must—

(a)change the response to make it adequate; and

(b)approve the changed response; and

(c)give the service provider notice of the approval.

(3)The service provider must comply with the approved water supply emergency response.

Maximum penalty—1665 penalty units.

(4) Subsection (3) applies even if complying with the approved response would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the approved response.

(5)It is a defence to a prosecution for an offence against subsection (3) to prove—

(a)the service provider made all reasonable efforts to comply with the approved response; and

(b)the service provider is unable to comply with the approved response because the service provider is unable to acquire, to the extent necessary to comply with the response—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which the infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

s 25I ins 2005 No. 56 s 4

25JWhen water supply emergency ends

(1)The Governor in Council must make a regulation under this section if the Minister considers a water supply emergency has ended.

(2)The regulation must state—

(a)that the water supply emergency to which it applies no longer exists; and

(b)the actions that may be taken, or continue to be taken, to deal with circumstances arising because of the water supply emergency, including any actions taken under a water supply emergency regulation that must be completed or discontinued.

(3)However, for the regulation to state that an action taken under a water supply emergency regulation must be completed, the Minister must be satisfied it would be detrimental to the interests of the State or another entity not to complete the action, taking into account the following—

(a)the extent of work undertaken;

(b)the obligations arising under any contract or other agreement;

(c)any costs or other amounts the State or another entity is liable to pay;

(d)the amount of money spent;

(e)any other relevant circumstance.

(4)The actions that may be taken or continue to be taken include giving any directions that could have been given under the water supply emergency regulation if the emergency continued to exist.

(5)Subject to a regulation under this section, the ending of a water supply emergency has no effect on the exercise of powers under this division.

s 25J ins 2005 No. 56 s 4

amd 2008 No. 34 s 672

sdiv hdg ins 2005 No. 56 s 4

25KSupply arrangements

(1) Subsection (3) applies if a water supply emergency declaration or a water supply emergency regulation, directs a service provider—

(a)to make water, including non-Act water, available; or

(b)to operate infrastructure to allow water, including non-Act water, to be supplied.

(2)However, if the direction is to make non-Act water available to, or to operate infrastructure to allow non-Act water to be supplied to, a customer or type of customer, this section applies only to the extent stated in the declaration or regulation.

(3)The service provider must, at the time the provider makes the water available or operates the infrastructure, have a supply contract with each entity to whom the service provider is directed to make water available or allow water to be supplied.

(4)The chief executive may approve a supply contract for the supply, storage and delivery of water under a water supply emergency declaration or regulation including the price to be paid for the supply, storage and delivery.

(5)The chief executive must gazette approval of the supply contract.

(6)If, at any time, the service provider and an entity do not have a supply contract in compliance with subsection (3), the supply contract approved by the chief executive applies, for the time, to the supply, storage and delivery of water under the declaration or regulation.

s 25K ins 2005 No. 56 s 4

25LRelationship with State Development and Public Works Organisation Act 1971

(1)This section applies to facilitate—

(a)carrying out measures mentioned in a water supply emergency declaration or a water supply emergency regulation; and

(b)compliance with an approved water supply emergency response; and

(c)the carrying out of works, mentioned in a water supply emergency regulation, by the coordinator-general.

(2)The State Development and Public Works Organisation Act 1971 (the State Development Act) has effect in the following way—

(a) section 103 applies as if—

(i)the water supply emergency declaration, water supply emergency regulation or approved water supply emergency response were a regulation made under section 100; and

(ii)the service provider were a local body;

(b) sections 105, 106 and 154 apply as if—

(i)an appointment of the coordinator-general under section 25M of this Act were an authorisation of the coordinator-general under section 104 (6); and

(ii)the service provider were a local body;

(c) sections 109 and 110 apply as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were a regulation under section 109 directing works be undertaken;

(d) section 125 (1) (a) applies as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were an authorisation to undertake works;

(e) sections 125 (1) (c) and 134 apply as if the service provider were a local body;

(f) sections 134 and 136 apply as if the works mentioned in the water supply emergency regulation or approved water supply emergency response were authorised works;

(g) section 137 applies as if the reference in section 137 (b) to section 136 were a reference to section 136 as it has effect under paragraph (f);

(h) section 139 applies to the extent it relates to the application of section 136.

(3)Despite the State Development Act, section 111 (2) (b), the coordinator-general may delegate to a service provider a power, function or duty conferred or imposed on the coordinator-general under this division.

(4)If agreement is not reached under the State Development Act, section 134, a regulation may approve particulars of arrangements for the transfer, management, operation and control of the works.

(5)The regulation, to the extent it approves the particulars, is taken to be a regulation made under the State Development Act, section 134.

(6)In this section—

authorised works see the State Development Act, schedule 2.

local body see the State Development Act, schedule 2.

s 25L ins 2005 No. 56 s 4

amd 2006 No. 54 s 27

25MAppointment of person to carry out measures or achieve outcomes

(1)This section applies if a service provider does not comply with—

(a)a direction under a water supply emergency declaration or a water supply emergency regulation; or

(b)an approved water supply emergency response; or

(c)a compliance notice given by the chief executive under section 780 (1) in relation to the direction or response.

(2)The Governor in Council may appoint a person to comply with the direction or response as agent for the service provider.

(3)The appointment—

(a)has effect when it is notified in the gazette; and

(b)remains in force until—

(i)the day stated in the notification; or

(ii)if no day is stated in the notification—the day withdrawal of the appointment is notified.

(4)The appointment may deal with any matter necessary or convenient to help the person comply with the direction or response.

(5)A direction or response mentioned in subsection (1) does not include a direction or response about imposing service provider water restrictions.

s 25M ins 2005 No. 56 s 4

amd 2006 No. 23 s 3

25NEffect of appointee carrying out measures or achieving outcomes

(1)A person appointed under section 25M (2) (the appointee) may do all things necessary or convenient to comply with the direction or response.

(2)A person in possession of premises on which the service provider’s infrastructure is situated must give the appointee access to the premises to enable the appointee to comply with the direction or response.

Maximum penalty—500 penalty units.

(3)A person in possession of premises must not take action or refuse to take action if the taking or refusal has the effect of preventing the appointee from, or hindering the appointee in, complying with the direction or response.

Maximum penalty—1665 penalty units.

(4) Subsections (2) and (3) do not apply to an act done, or omission made, during or relating to industrial action under the Industrial Relations Act 1999 .

(5)The service provider is liable for the appointee’s reasonable costs of complying with the direction or response as agent for the service provider.

s 25N ins 2005 No. 56 s 4

sdiv hdg ins 2005 No. 56 s 4

25ORecovery of costs incurred

(1)This section applies to a service provider who—

(a)under a water supply emergency declaration or a water supply emergency regulation—

(i)is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or

(ii)may recover contributions by the State; or

(b)under a regulation made under section 25J (2) (b), incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or

(c)under section 25N (5), is liable to pay an appointee’s costs; or

(d)under a regulation made under the State Development Act, section 134 or 154, is required to pay costs incurred by or for the coordinator-general.

(2)The service provider may, to the extent stated in the declaration or regulation, recover from the service provider’s customers or other service providers—

(a)the contributions made by the State; and

(b)the costs mentioned in subsection (1) to the extent they are approved by the Minister; and

(c)the rate of return.

(3) Subsection (2) applies despite—

(a)any condition of the service provider’s authority under this Act to take or interfere with water; or

(b)any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider’s customers or other service providers; or

(c)the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or

(d)any direction given under section 999.

(4)The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2).

s 25O ins 2005 No. 56 s 4

amd 2008 No. 34 s 673

25PRecovery of contributions by the State

The State may recover, as a debt due to the State by a service provider, any contributions the State is entitled, under a water supply emergency declaration or a water supply emergency regulation, to recover from the service provider.

s 25P ins 2005 No. 56 s 4

25QQueensland Competition Authority

The Queensland Competition Authority, in performing its functions under the Queensland Competition Authority Act 1997 , must not act in a way that is inconsistent with a water supply emergency declaration, a water supply emergency regulation or section 25O.

s 25Q ins 2005 No. 56 s 4

sdiv hdg ins 2005 No. 56 s 4

25RApplying for compensation

(1)A person, including a service provider, who suffers loss or damage because of actions taken under this division may apply to the Minister for compensation for the loss or damage.

(2)The application must be made in writing within 65 business days after the person suffers the loss or damage.

(3)The application must state—

(a)details of the person’s loss or damage; and

(b)the amount of compensation claimed and the grounds for the amount claimed.

(4)The applicant must also provide any other relevant information reasonably required by the Minister to decide the application.

(5)Despite subsection (2), the Minister may accept a person’s application for compensation made more than 65 business days after the person suffers the loss or damage if the Minister is satisfied it would be reasonable in all the circumstances to accept the application.

(6)The Minister’s acceptance of an application for compensation does not give an applicant an entitlement to the compensation.

s 25R ins 2005 No. 56 s 4

25SWhen compensation is not payable

(1)Compensation is not payable to a person for—

(a)loss or damage suffered because of a service provider water restriction imposed under—

(i)a direction under a water supply emergency declaration or water supply emergency regulation; or

(ii)an approved water supply emergency response; or

(b)costs or contributions mentioned in section 25O (1); or

(c)loss or damage to the extent that an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or

(d)costs that were recovered from the person by a service provider under section 25O (2).

(2)Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened irrespective of actions taken under this division.

s 25S ins 2005 No. 56 s 4

amd 2006 No. 23 s 4

25TRequirement for further information

(1)The Minister may give the applicant a notice stating—

(a)the information required by the Minister for deciding the application; and

(b)the time by which the information must be given to the Minister; and

(c)that, if the information is not given to the Minister by the stated time, the application will lapse.

(2)The stated time must be reasonable and, in any case, at least 15 business days after the notice is given.

(3)The Minister may give the applicant a further notice extending or further extending the time if the Minister is satisfied it would be reasonable in all the circumstances to give the extension.

(4)A notice may be given under subsection (3) even if the time to which it relates has lapsed.

(5)If the applicant does not comply with the requirement within the stated time, or any extension of the time, the application lapses.

s 25T ins 2005 No. 56 s 4

25UDeciding application

(1)The Minister must consider and decide an application made under section 25R within 65 business days after the later of the following—

(a)the day the Minister receives the application;

(b)the day the Minister receives all information required by the Minister for deciding the application.

(2)In deciding an application, the Minister may have regard to—

(a)the extent and nature of the applicant’s loss or damage; and

(b)the extent to which the applicant has mitigated, or attempted to mitigate, the loss or damage; and

(c)any other matter the Minister considers appropriate.

(3)The Minister may decide—

(a)to pay all or part of the compensation claimed; or

(b)to refuse to pay the compensation.

(4)If the Minister has not decided an application within the period stated in subsection (1) for the application, the Minister is taken to have refused to pay compensation.

s 25U ins 2005 No. 56 s 4

25VNotice about decision

As soon as practicable after deciding the application, the Minister must give the applicant a notice stating—

(a)the decision and the reasons for the decision; and

(b)if the Minister decides to pay compensation—details of the amount to be paid and how the amount was calculated.

s 25V ins 2005 No. 56 s 4

25WProtection of State and Minister from liability

Civil liability does not attach to the State or a Minister because of a failure to make a water supply emergency declaration under section 25B or a water supply emergency regulation under section 25F.

s 25W ins 2005 No. 56 s 4

25XProtection of service provider from liability

(1) Subsection (2) applies to actions taken by a service provider that are inconsistent with the service provider’s current supply and infrastructure contractual arrangements.

(2)The service provider is not liable for loss or damage caused by taking the actions in compliance with—

(a)a direction under a water supply emergency declaration or water supply emergency regulation; or

(b)an approved water supply emergency response.

(3) Subsection (2)—

(a)applies only to the extent the service provider acted reasonably and without negligence; and

(b)does not affect the service provider’s liability for negligence.

s 25X ins 2005 No. 56 s 4

sdiv hdg ins 2005 No. 56 s 4

25YReview of div 2A

The Minister must review the operation of this division within 2 years after its commencement.

s 25Y ins 2005 No. 56 s 4

25ZReview of regulation

Within 12 months after the commencement of a water supply emergency regulation, the Minister must review the effectiveness of the operation of the regulation in dealing with the water supply emergency.

s 25Z ins 2005 No. 56 s 4

div hdg ins 2007 No. 57 s 63

25ZAApplication for approval to restrict use of subartesian water

(1)A water service provider may apply for written approval for the power to impose a restriction on the use of subartesian water by a customer of the water service provider in an area if the water is taken, other than for stock purposes, under—

(a) section 20 (2) (c); or

(b)if the water is not taken under a water entitlement—

(i)a water resource plan; or

(ii)a regulation made under section 1046.

(2)The application must be—

(a)made to the chief executive in writing; and

(b)supported by sufficient information to enable the chief executive to decide the application.

(3)The chief executive may ask the applicant for additional information about the application.

s 25ZA ins 2007 No. 57 s 63

amd 2008 No. 34 s 674; 2013 No. 23 s 352 sch 1 pt 2; 2014 No. 51 s 6; 2014 No. 40 s 133 (1)–(2) ((3)–(4) amdt could not be given effect)

25ZBDeciding application

(1)The chief executive must give the approval if the chief executive is satisfied that—

(a)the subartesian water and the water service provider’s water supply for a retail water service is being taken from the same source; and

(b)the taking of the subartesian water may threaten the security of the water service provider’s water supply for the retail water service; and

(c)service provider water restrictions have been imposed, or are about to be imposed, in relation to the water supply.

(2)If the chief executive is not satisfied about the matters mentioned in subsection (1) (a), (b) and (c), the chief executive must refuse to give the approval.

(3)The approval may be given with or without conditions.

s 25ZB ins 2007 No. 57 s 63

amd 2014 No. 51 s 7

25ZCNotice about decision to give approval

(1)If the chief executive gives the approval, the chief executive must, within 30 business days after giving the approval, give the applicant a notice advising the applicant about the approval.

(2)If the chief executive refuses to give the approval, the chief executive must, within 30 business days after refusing to give the approval, give the applicant a notice advising the applicant of the reasons why the approval was refused.

s 25ZC ins 2007 No. 57 s 63

25ZERestriction of subartesian water by water service provider

(1)This section applies if the chief executive gives the approval to a water service provider.

(2)The water service provider may impose a restriction on the use of the subartesian water by a customer of the water service provider in an area.

(3)The restriction may be no more onerous than a service provider water restriction currently imposed on the customer.

(4)For the Water Supply Act, section 43, a restriction on the use of subartesian water under this section is taken to be a service provider water restriction.

(5)In this section, the power to restrict includes the power to prohibit.

s 25ZE ins 2007 No. 57 s 63

amd 2008 No. 34 s 666 sch 2; 2014 No. 51 s 9

div hdg ins 2003 No. 25 s 26

26Moratorium notices

(1)The Minister may publish a notice under this section, for a part of the State, (a moratorium notice) if the Minister is satisfied action should be taken in the part—

(a)to protect natural ecosystems; or

(b)to protect existing water entitlements and other authorities under this Act to take or interfere with water.

(2)The notice may state that an application under this Act, or the repealed Act, will not be accepted, or will be accepted but not dealt with, while the moratorium notice has effect if granting the application would have 1 or more of the following effects on the water to which the application relates—

(a)increase the amount of water that may be taken;

(b)change the location from which water may be taken;

(c)increase the rate at which water may be taken;

(d)change the flow conditions under which water may be taken;

(e)increase or change the interference with the water;

(f)change the purpose for which the water may be taken or interfered with.

(3) Subsection (2) applies even if the application was made before the notice was published.

(4)For water in the part of the State to which the notice applies, including overland flow water and subartesian water, the notice may also state that while the moratorium notice has effect—

(a)new works must not be physically started; and

(b)completed works in existence must not be raised, enlarged, deepened or changed; and

(c)works that have been started—

(i)may be completed only to the extent stated in the notice; and

(ii)must be completed by the day stated in the notice; and

(d)a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and

(e)construction of works must stop if notice has not been given under paragraph (d).

(5) Subsection (4) applies only to the extent the works would—

(a)increase the amount of water being taken or that could be taken; or

(b)change the location from which water is being taken or could be taken; or

(c)increase the rate at which water is being taken or could be taken; or

(d)increase or change the interference with the water.

(5A)The Minister may publish a moratorium notice—

(a)whether or not a water resource plan has been approved for any water to which the notice applies; and

(b)if a water resource plan has been approved—whether or not a resource operations plan has been approved for the plan.

(5B)If the Minister publishes a moratorium notice when a water resource plan or a resource operations plan has been approved for any water to which the notice applies, the notice prevails over the plan to the extent the plan is inconsistent with the notice.

(6)A person must not start the construction of works, or continue to construct works, in contravention of a moratorium notice.

Maximum penalty—1665 penalty units.

(7)The notice has effect—

(a)from the later of the following—

(i)the day stated in the notice;

(ii)the day the notice is published; and

(b)until—

(i)a water resource plan is approved for any water to which the moratorium notice applies, but only if a water resource plan for the water to which the notice applies had not been approved before the notice was published; or

(ii)the Minister publishes a further notice ending the effect of the moratorium notice, including, for example, in the following circumstances—

(A)when a water resource plan for the water to which the moratorium notice applies had been approved before the moratorium notice was published;

(B)when a resource operations plan for the water to which the moratorium notice applies had been approved before, or has been approved after, the moratorium notice was published.

(8)For this section, and for section 27, works are not started unless—

(a)construction of the works has physically started, or if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice is published; and

(b)an independently verifiable construction program exists for progressive construction towards completion of the works; and

(c)detailed design plans exist showing, among other things, the extent of the works; and

(d)if a development permit is required for the works or for other development associated with the works—the permit has been given.

(9)In this section—

moratorium notice includes a moratorium notice the effect of which has been amended or continued under a water resource plan.

s 26 prev s 26 om 2003 No. 25 s 26

pres s 26 (prev s 42) amd 2001 No. 75 s 9; 2003 No. 25 s 31

renum and reloc 2003 No. 25 s 35

amd 2005 No. 19 s 6; 2008 No. 58 s 10; 2009 No. 17 s 331 sch 1; 2013 No. 23 s 291

27Application to vary effect of moratorium notice

(1) Subsection (2) applies to an owner of land a moratorium notice affects if—

(a)the owner is completing works that had been started at the time the notice was published; and

(b)the works will not be completed by the day stated in the notice (the completion day); and

(c)the owner wishes to apply for an extension of the completion day.

(2)The owner—

(a)must stop construction of the works by the completion day; and

(b)may apply to the Minister for an extension of the completion day if—

(i)the works are substantially completed; or

(ii)the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control, including, for example, construction difficulties, extreme bad weather or the applicant’s ill health.

(3)The application must—

(a)be in the approved form; and

(b)be accompanied by the prescribed fee; and

(c)be made before the completion day; and

(d)show that the works were started before the notice was published; and

(e)show the extent to which the works are completed and the extent to which the applicant anticipates the works will be completed by the completion day; and

(f)state the day by which the applicant anticipates the works will be completed; and

(g)if the works are not completed because of circumstances mentioned in subsection (2) (b) (ii)—state the circumstances.

(4)The Minister must refer the application to a referral panel established under section 1004A.

(5)When the Minister receives the referral panel’s recommendation, the Minister must—

(a)decide the application, taking into account the panel’s recommendation; and

(b)give the applicant notice of the decision; and

(c)publish the decision in the gazette.

(6)If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way—

(a)the completion day, for the works, is the day stated in the Minister’s notice;

(b)the works may be completed to the extent stated in the notice.

s 27 prev s 27 om 2003 No. 25 s 26

pres s 27 (prev s 42A) ins 2001 No. 75 s 10

renum and reloc 2003 No. 25 s 35

28Reviewing moratorium notices

(1)If the Minister is satisfied a moratorium notice should have effect for more than 1 year, the Minister must review the notice within 1 year after the day the notice was published and during each year the notice has effect.

(2)If, on the review, the Minister is satisfied the notice should be amended, the Minister must amend the notice.

s 28 prev s 28 om 2003 No. 25 s 26

pres s 28 (prev s 43) amd 2003 No. 25 s 32

renum and reloc 2003 No. 25 s 35

29Amending moratorium notices

(1)The Minister may amend the moratorium notice by publishing a notice (the amending notice) amending the moratorium notice.

(2)The amending notice may amend the moratorium notice to provide for any matter for which the moratorium notice could have made provision.

(4)On and after the day the amending notice is published, the moratorium notice, as amended by the amending notice, is the moratorium notice.

(5)The moratorium notice, as amended by this section, applies to an application mentioned in section 26 (2), even if the application was made before the amending notice was published.

s 29 prev s 29 om 2003 No. 25 s 26

pres s 29 (prev s 44) amd 2003 No. 25 s 33

renum and reloc 2003 No. 25 s 35

30Exceptions to ss 26 and 29

Sections 26 and 29 do not apply to the following—

(a)the issuing of water permits;

(b)the taking of water under section 20 (1) (a) to (f), 20 (4), 20A, 20B or 20C (1) or (2);

(c)any other matter exempted by the moratorium notice.

s 30 prev s 30 om 2003 No. 25 s 26

pres s 30 (prev s 45) amd 2003 No. 25 s 34

renum and reloc 2003 No. 25 s 35

amd 2013 No. 23 s 352 (1) sch 1 pt 2

div hdg ins 2011 No. 33 s 30

amd 2012 No. 29 s 10

31Application of, and definitions for, div 4

(1)This division applies in relation to a dam if—

(a)a resource operations licence has been granted in accordance with a resource operations plan, authorising the holder of the licence to interfere with the flow of water to the extent necessary to operate the dam; and

(b)a flood mitigation manual has been approved for the dam under the Water Supply Act, chapter 4, part 2, division 3; and

(c)a temporary full supply level is declared for the dam under the Water Supply Act, chapter 4, part 3.

(2)A dam mentioned in subsection (1) is a relevant dam.

(3)The holder of the resource operations licence mentioned in subsection (1) (a) is the operator of the dam.

s 31 ins 2011 No. 33 s 30

amd 2012 No. 29 s 11

32Effect of temporary full supply level on resource operations plan

While the declaration of the temporary full supply level for the relevant dam is in force, a reference in the resource operations plan to the full supply level for the dam is taken to be a reference to the temporary full supply level.

s 32 prev s 32 ins 2011 No. 33 s 30

om 2012 No. 29 s 12

pres s 32 (prev s 34B) ins 2011 No. 33 s 30

amd 2012 No. 29 s 13

renum 2012 No. 29 s 16

33Obligations of operator

(1)This section applies to the operator of the relevant dam if—

(a)because of the temporary full supply level for the dam, the operator will be unable to comply with a requirement of the resource operations plan under which the dam operates; and

(b)the resource operations plan states a process for submitting a program (an interim program) to the chief executive for approval about how the requirements of the plan will be met when the operator is unable to comply with the plan because of an emergency or other incident.

(2)The operator must give the chief executive a proposed interim program under the resource operations plan within 10 business days after the temporary full supply level is declared.

(3)The proposed interim program must—

(a)relate to the period for which the declaration is in force; and

(b)comply with any other requirements under the resource operations plan for submitting an interim program.

s 33 prev s 33 ins 2011 No. 33 s 30

om 2012 No. 29 s 12

pres s 33 (prev s 34C) ins 2011 No. 33 s 30

amd 2012 No. 29 s 14

renum 2012 No. 29 s 16

amd 2012 No. 39 s 102 sch pt 2 (amdt could not be given effect)

34No compensation payable

No compensation is payable to any person because of the operation of this division.

s 34 prev s 34 ins 2011 No. 33 s 30

om 2012 No. 29 s 12

pres s 34 (prev s 34E) ins 2011 No. 33 s 30

renum 2012 No. 29 s 16

35Information recording and planning

For advancing the purposes of this chapter—

(a)the Minister must plan for the allocation and sustainable management of water to meet Queensland’s future water requirements, including, for example, for the protection of natural ecosystems and security of supply to water users; and

(b)the chief executive must provide information for planning purposes by—

(i)regularly measuring and keeping publicly available records of the volume and quality of water in Queensland; and

(ii)collecting information on the water requirements of, and impacts of water management on, natural ecosystems, including, for example, from the department responsible for administering the Environmental Protection Act 1994 ; and

(iii)collecting information about future water requirements; and

(c)the chief executive must plan for the sustainable management of water use to minimise adverse impacts of water use on land and water.

36Obtaining water information

(1)For advancing the purposes of this chapter, the chief executive may give a person who is authorised, or has an entitlement, to take, or interfere with, water under this Act a notice requiring information—

(a)the person is required to keep under a condition of the person’s authority; or

(b)about the person’s water use; or

(c)about the use of water managed, taken or supplied under the person’s authority; or

(d)about any use of water that was managed, taken or supplied through water infrastructure to which a person’s authority now applies; or

(e)about the taking or supplying of water by the person under the person’s authority.

(2)The notice—

(a)may be given at any time; and

(b)must state the reasonable time by which the information must be given to the chief executive.

(3)The person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)However, this section does not require the person to give information if giving the information might tend to incriminate the person.

s 36 amd 2001 No. 75 s 6; 2003 No. 25 s 27; 2005 No. 19 s 7

36AObtaining information from a service provider

(1)For the purposes of part 2, division 2A, the chief executive may give a service provider a notice requiring information about 1 or more of the following—

(a)current and projected future water consumption by the service provider’s customers or a class of the customers;

(b)water restrictions the service provider has imposed or intends to impose;

(c)the events that would cause the service provider to impose the restrictions, for example, the available water supply falling to a stated level;

(d)the actions the service provider intends to take to ensure compliance with the restrictions;

(e)the demand management program the service provider proposes to implement;

(f)other measures the service provider proposes to take, for example, constructing new infrastructure or making changes to existing infrastructure.

(2)The notice may be given at any time and must state the reasonable time by which the information must be given to the chief executive.

(3)The service provider must comply with the notice, unless the service provider has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)It is a reasonable excuse for a service provider who is an individual not to comply with the notice if complying with the notice might tend to incriminate the individual.

s 36A ins 2005 No. 56 s 5

37Notice of works and water use

(1)This section applies to works for taking or interfering with water if the taking or interfering with the water is not authorised under a water entitlement.

(2)The chief executive may, by publishing a notice (the chief executive’s notice), require the owner of land on which the works are, or are to be, constructed to give the chief executive notice (the owner’s notice) of the works and the water use or, for works to be constructed, proposed water use, relating to the works.

(3)The chief executive’s notice—

(a)may require the owner’s notice to be in the approved form; and

(b)must state—

(i)the part of the State to which the chief executive’s notice applies; and

(ii)the type of works required to be notified by the owner, including the purpose and size of the works; and

(iii)whether the chief executive’s notice relates to 1 or more of the following—

(A)existing works;

(B)works under construction;

(C)on their completion, works constructed in the future; and

(iv)the day by which the owner’s notice must be given to the chief executive.

(4)The chief executive’s notice remains in force for the period stated in the notice or, if no period is stated, until the chief executive publishes another notice withdrawing the first notice.

(5)A person to whom the chief executive’s notice applies must comply with the notice.

Maximum penalty—20 penalty units.

(6)As soon as practicable after the chief executive’s notice is published, the chief executive must conduct public meetings in the part of the State to which the notice applies to explain the requirements of the notice to landowners.

s 37 sub 2001 No. 75 s 7

amd 2003 No. 25 s 28

sub 2011 No. 40 s 10

sdiv hdg sub 2011 No. 40 s 11

38Minister may prepare water resource plans

(1)Subject to subdivision 2, the Minister may prepare a water resource plan for any part of Queensland to advance the sustainable management of water.

(2)Subject to subsection (6), only 1 water resource plan may have effect for the part at any time.

(3)The plan may be prepared for, but is not limited to, the following purposes—

(a)to define the availability of water for any purpose;

(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;

(d)to provide a framework for establishing water allocations;

(e)to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems, including, for example, stressed rivers.

(4)The plan must also regulate the taking of overland flow water if the Minister is satisfied that—

(a)if there is an existing water resource plan—there is a risk that taking overland flow water in the area may significantly impact on the plan’s outcomes; or

(b)there is a risk that taking overland flow water in the area may significantly affect—

(i)the availability of water for existing water entitlement holders; or

(ii)the water requirements of natural ecosystems; or

(iii)beneficial flooding; or

(c)changes in land use activities or intensification of land use in the area are significantly affecting the taking of overland flow water; or

(d)there is a risk that proposed changes in land use activities in the area are likely to significantly affect the taking of overland flow water.

(5)The plan must also regulate the taking of subartesian water if the Minister is satisfied that—

(a)if there is an existing water resource plan—there is a risk that taking, or interfering with, subartesian water in the area may significantly impact on the plan’s outcomes; or

(b)there is a risk that taking, or interfering with, subartesian water in the area may significantly affect—

(i)the availability of water for existing water entitlement holders; or

(ii)the water requirements of natural ecosystems; or

(iii)the quality of water.

(6)Two plans may have effect for the same part of Queensland at the same time if—

(a)one of the plans applies to—

(i)artesian water; and

(ii)subartesian water connected to the artesian water; and

(iii)water in springs connected to the artesian water; and

(b)the other plan does not apply to water mentioned in paragraph (a).

s 38 amd 2005 No. 19 s 9; 2011 No. 40 s 12

sdiv hdg ins 2011 No. 40 s 13

38AApplication of sdiv 2

(1)This subdivision applies if a proposed draft water resource plan is intended to apply to a part of Queensland for which there is no water resource plan.

(2)This subdivision also applies if the Minister considers that public consultation, as well as that under section 49, is required before preparing a proposed draft water resource plan because—

(a)the proposed draft water resource plan is likely to significantly change arrangements for the allocation, and sustainable management, of water in the proposed plan area; or

(b)the terms of the proposed draft water resource plan are likely to be significantly different from the terms of water resource plans applying to other parts of Queensland; or

(c)the Minister needs further information about community views and expectations about water allocation and sustainable management issues in the proposed plan area.

s 38A ins 2011 No. 40 s 13

39Minister must first prepare a statement of proposals

(1)The Minister must prepare a statement of proposals for the proposed draft water resource plan—

(a)including a map of the proposed plan area; and

(b)stating the following—

(i)the water in the proposed plan area to which the proposed draft water resource plan is intended to apply;

(ii)water allocation and sustainable management issues in the proposed plan area, and proposed strategies for dealing with the issues;

(iii)proposed arrangements for assessment using best scientific information available and relevant to the preparation of a draft water resource plan for the proposed plan area;

(iv)proposed arrangements for implementing the proposed draft water resource plan;

(v)proposed arrangements for consultation in the proposed plan area.

Note—

Under section 1009 the chief executive must keep the statement of proposals available for inspection and purchase.

(2)The Minister must give the chief executive a copy of the statement of proposals.

(3)As soon as practicable after receiving the statement of proposals, the chief executive must explain, by letter or public meetings, the implications of the statement of proposals to as many affected water entitlement holders as possible.

s 39 sub 2011 No. 40 s 13

40Public notice of proposal to prepare draft water resource plan and availability of statement of proposals

(1)Before preparing the draft water resource plan, the Minister must, after preparing the statement of proposals required under section 39, publish a notice stating—

(a)the Minister’s intention to prepare a draft water resource plan for the proposed plan area; and

(b)that the statement of proposals is available for inspection and purchase.

(2)The notice must also state the following—

(a)the purpose and reasons for which the draft plan is being prepared;

(b)the proposed plan area;

(c)the water in the proposed plan area to which the draft plan is intended to apply;

(d)where copies of the statement of proposals are available for inspection and purchase;

(e)that written submissions may be made by any entity about the statement of proposals;

(f)a day (the closing day) by which the submissions can be made, and the person to whom, and the place where, they must be made.

(3)The closing day can not be earlier than 30 business days after the day the notice is published.

(4)The Minister must give a copy of the notice to each local government whose local government area includes all or part of the proposed plan area.

(5)A local government receiving a copy of the notice must make it available for inspection by the public.

(6)The Minister may give a copy of the notice to any other entity the Minister considers appropriate.

s 40 amd 2003 No. 25 s 29

sub 2011 No. 40 s 13

40AFurther public notice of proposal to prepare draft water resource plan

If, after considering all properly made submissions about the proposed draft water resource plan, the Minister is satisfied a further notice should be published under section 40, the Minister must—

(a)publish the notice; and

(b)update the statement of proposals prepared under section 39.

s 40A ins 2001 No. 75 s 8

amd 2003 No. 25 s 30; 2011 No. 40 s 14

sdiv hdg ins 2011 No. 40 s 15

46Content of draft water resource plans

(1)The draft water resource plan must—

(a)state the purpose of the draft plan; and

(b)contain a map of the proposed plan area; and

(c)state the water to which the draft plan is intended to apply; and

(d)state the water and natural ecosystem monitoring and reporting requirements to assist in assessing the effectiveness of the proposed management strategies in achieving the outcomes mentioned in paragraph (e); and

(e)state the outcomes, including, without limiting the requirement to state outcomes, the ecological outcomes, for the sustainable management of the water; and

(f)state the strategies proposed to achieve the outcomes to the extent possible from the best scientific information available; and

(g)state the strategies proposed for the establishment of water allocations for the proposed plan area; and

(h)state the periodic reporting requirements for the draft plan; and

(i)include a schedule of proposed arrangements for implementing the draft plan.

(2)The draft plan may include, but is not limited to, the following—

(a)a map or diagram, or series of maps or diagrams, showing water information for the area;

(b)details of areas where, and the way in which, taking overland flow water, or taking or interfering with subartesian water, or both, is intended to be regulated;

(c)details of locations where, and the way in which, taking water from a watercourse, lake or spring for stock or domestic purposes is intended to be regulated;

(d)the types of works for taking or interfering with subartesian water or water in a watercourse, lake or spring that are intended to be assessable or self-assessable development;

(e)the types of works for taking overland flow water that are intended to be assessable or self-assessable development;

(f)directions to the chief executive about the refusal to grant, or non-acceptance of, an application for a water licence under this Act;

(g)information about water available for future consumptive purposes and the priorities for use or reservation of the water;

(h)a process for granting, reserving or otherwise dealing with unallocated water to which the draft plan is intended to apply;

(i)criteria for sharing overland flow water;

(j)criteria for adjusting existing water entitlements to achieve the plan outcomes;

(k)criteria for addressing degradation that has occurred in natural ecosystems;

(l)for a draft plan that replaces an existing water resource plan—any rule for taking or sharing water, including, for example, water sharing rules for water entitlements;

(m)the plan’s objectives and performance indicators for the objectives.

(3)The draft plan may provide for the amendment or the continuation, completely or partly, of the effect of a moratorium notice for a type of water in the proposed plan area and to which the draft plan applies (the moratorium water) until a resource operations plan that applies to the moratorium water is approved for the plan.

(4)If the draft plan provides a framework for establishing water allocations, the draft plan must state the following—

(a)performance indicators for environmental flow objectives and water allocation security objectives;

(b)environmental flow objectives;

(c)water allocation security objectives;

(d)priorities for the conversion to or granting of water allocations.

s 46 amd 2001 No. 75 s 11; 2003 No. 25 s 36; 2005 No. 19 s 10; 2005 No. 42 s 52 sch 1; 2007 No. 57 s 64; 2008 No. 34 s 675; 2008 No. 58 s 11; 2009 No. 36 s 872 sch 2; 2011 No. 40 s 16; 2013 No. 23 ss 292, 352(1) sch 1 pt 2; 2014 No. 40 s 134

47Matters the Minister must consider when preparing draft water resource plan

The Minister must consider the following when preparing the draft water resource plan—

(a)the State’s water rights and the volume and quality of water;

(b)national, State and regional objectives and priorities for promoting sustainable development;

(ba)to the extent the draft plan applies to an area to which a regional plan applies—the regional plan for the area;

(c)the duration, frequency, size and timing of water flows necessary to support natural ecosystems as assessed using the best scientific information available;

(d)the underground water levels and underground water recharge processes necessary to support natural ecosystems;

(e)taking of water authorised under chapter 2, part 2, division 1A;

(f)existing water entitlements;

(g)the State’s future water requirements, including cultural, economic, environmental and social requirements;

(h)cultural, economic and social values;

(i)technical assessments for the draft plan;

(j)the effects the draft plan will have on water not covered by the draft plan;

(k)the effects the taking, or interfering with, water not covered by the draft plan will have on water covered by the draft plan;

(l)environmental values established under the Environmental Protection (Water) Policy 2009 ;

(m)the sustainable resource management strategies and policies for the catchment or underground water basin, including, any relevant coastal zone;

(n)all properly made submissions about the proposed draft plan;

(o)the public interest.

s 47 amd 2005 No. 42 s 52 sch 1; 2011 No. 40 s 17; 2013 No. 23 s 352 sch 1; 2014 No. 40 s 135

48Overview report

(1)On or before a notice is published under section 49, the Minister must prepare an overview report about the proposed draft plan.

Note—

Under section 1009 the chief executive must keep the report available for inspection and purchase.

(2)The report must summarise any assessments and findings about matters mentioned in section 47 that are available at the time the report is prepared.

s 48 amd 2011 No. 40 s 18

49Public notice about availability of draft water resource plan and overview report

(1)The Minister must publish a notice when the draft water resource plan has been prepared.

(2)The notice must state the following—

(a)where copies of the draft plan, and overview report prepared under section 48, may be inspected and, on payment of a fee, purchased;

(b)that written submissions may be made by any entity about the draft plan;

(c)a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(3)The day stated under subsection (2) (c) must not be earlier than 30 business days after the day the notice is published.

(4)The Minister must send a copy of the notice and the draft plan to each local government whose local government area includes all or part of the proposed plan area.

(5)A local government receiving a copy of the draft plan must make the copy available for inspection by the public.

(6)The Minister may send a copy of the notice to any other entity the Minister considers appropriate.

(7)Before publishing a notice under this section, the Minister must give the chief executive a copy of the draft water resource plan.

s 49 amd 2011 No. 40 s 19

49AMinister may prepare further draft water resource plan

(1)If, after considering all properly made submissions about the draft water resource plan, the Minister is satisfied a further draft water resource plan should be prepared, the Minister must prepare a further plan.

(2)Sections 47 to 49 also apply to the further draft water resource plan.

s 49A ins 2001 No. 75 s 12

50Preparing and approving final draft water resource plan

(1)In preparing the final draft water resource plan, the Minister must consider all properly made submissions about the draft plan under section 49.

(2)A final draft water resource plan does not have effect until it has been approved by the Governor in Council.

(3)The Minister must give a copy of a final draft water resource plan to the chief executive before it is approved under subsection (2).

s 50 sub 2001 No. 75 s 13

amd 2011 No. 40 s 20

sub 2013 No. 23 s 229

51Minister must prepare report on consultation process

(1)On or before the day the approved water resource plan is notified, the Minister must prepare a report about the plan.

Note—

Under section 1009 the chief executive must keep the report available for inspection and purchase.

(2)The report must include a summary of issues raised during the consultation process and how the issues have been dealt with.

s 51 amd 2011 No. 40 s 22; 2013 No. 39 s 110 (3) sch 3 pt 3

52Public notice of intention not to proceed with making draft or final draft water resource plan

(1)This section applies if the Minister decides not to proceed with the preparation of a draft or final draft water resource plan.

(2)The Minister must publish a notice advising of the decision and the reasons for the decision.

(3)The Minister must send a copy of the notice to each local government or other entity to whom the Minister sent a notice—

(a)about the proposed preparation of the draft plan; and

(b)if a draft plan was prepared—about the draft plan.

(4)A local government receiving a copy of the notice must make the copy available for inspection by the public.

s 52 amd 2001 No. 75 s 3 sch 2; 2011 No. 40 s 23

52AEffect of water resource plan

(1)This section applies to a water resource plan approved by the Governor in Council under section 50 (2).

(2)The plan is—

(a)declared to be subordinate legislation; and

(b)the water resource plan for its plan area.

(3)The plan expires on 1 September first occurring after the 10th anniversary of the day of its making unless—

(a)it is sooner repealed or expires; or

(b)the expiration of the plan is postponed under section 52B.

(4)The plan also expires when another water resource plan commences if the other water resource plan declares that it replaces the plan.

(5)If the expiration of the plan is postponed under section 52B, the plan expires on the new expiry date stated for the plan in the notice about the postponement published under section 52B (8).

Note—

A water resource plan would expire at the end of the day that is the new expiry date. See the Acts Interpretation Act 1954 , section 18.

(6)The Statutory Instruments Act 1992 , part 7 does not apply to the plan.

s 52A ins 2013 No. 23 s 230

52BPostponement of expiry of water resource plan up to 20 years

(1)This section applies if the Minister proposes to postpone the expiry of a water resource plan.

(2)Before the expiry of the plan, the Minister must publish a notice stating—

(a)the Minister’s intention to postpone the expiry of the plan; and

(b)the reasons the Minister is considering postponing the expiry of the plan; and

(c)the proposed new expiry date for the plan; and

(d)that written submissions may be made by any entity about the proposal to postpone the expiry of the plan; and

(e)the day (the closing day) by which the submissions must be made and the person to whom, and the place where, the submissions must be made.

(3)The closing day can not be earlier than 20 business days after the day the notice is published.

(4)The Minister must give a copy of the notice to each local government whose local government area includes all or part of the plan area for the plan.

(5)A local government receiving a copy of the notice under subsection (4) must make it available for inspection by the public.

(6)The Minister may, before the plan would otherwise expire, decide to postpone the expiry if—

(a)the Minister is satisfied the expiry should be postponed; and

(b)the Minister reasonably believes the postponement will not adversely affect water entitlement holders or natural ecosystems in the plan area.

(7)In deciding whether to postpone the expiry, the Minister must consider all of the following—

(a)all properly made submissions about the proposal;

(b)whether the plan’s outcomes are being achieved;

(c)whether the plan’s objectives, or the strategies for achieving the plan’s outcomes, continue to be appropriate for its plan area;

(d)any reports about the plan prepared under subdivision 4.

(8)If the Minister decides to postpone the expiry, the Minister must publish a notice in the gazette stating the new expiry date for the plan.

(9)A notice under subsection (8) is declared to be subordinate legislation.

(10)The Minister may postpone the expiry more than once but any postponement can not have the effect of continuing the plan in force for more than 20 years.

s 52B ins 2013 No. 23 s 230

sdiv 4 (prev sdiv 2) renum 2011 No. 40 s 24

53Minister must report on all water resource plans

(1)The Minister must prepare a report on each water resource plan.

(2)The report must be for the period, and within the time, stated in the plan.

Note—

Under section 1009 the chief executive must keep the report available for inspection and purchase.

s 53 amd 2011 No. 40 s 25

54Matters the reports must include

(1)Each report must include, for the reporting period, the following matters—

(a)a summary of the findings of research and monitoring for the plan;

(b)an assessment of the effectiveness of the implementation of the plan in achieving the plan’s outcomes;

(c)an assessment of whether the strategies for achieving the plan’s outcomes, having regard to any new information available about water that is the subject of the plan, are continuing to promote the purpose of this chapter;

(d)a summary of total water entitlements covered by the plan;

(e)information about any noncompliance with the plan and its resource operations plan;

(f)particulars of any changes made to the plan.

(2)Each report may also include, for the reporting period, an assessment of whether the plan’s objectives, having regard to any new information available about water that is the subject of the plan, are continuing to promote the purpose of this chapter.

s 54 amd 2001 No. 75 s 14; 2011 No. 40 s 26

sdiv 5 (prev sdiv 3) renum 2011 No. 40 s 24

55When water resource plans may be amended or replaced

(1)The Minister may—

(a)amend a water resource plan; or

(b)prepare a new water resource plan to replace an existing water resource plan.

(2)The Minister must act under subsection (1) if the Minister is satisfied about either of the following in relation to a water resource plan—

(a)the plan’s outcomes are not being achieved;

(b)the plan’s objectives, or the strategies for achieving the plan’s outcomes, are no longer appropriate for its plan area.

(3)The Minister must act under subsection (1) (b) before the existing water resource plan expires.

s 55 amd 2001 No. 75 s 15; 2005 No. 19 s 11; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 85 sch; 2011 No. 40 s 27; 2014 No. 40 s 134

56Preparing amending or new draft water resource plan

(1)For a proposed amending water resource plan, subdivisions 1 to 3 apply—

(a)as if—

(i)a reference in the subdivisions to the proposed draft plan were a reference to the proposed amending plan; or

(ii)a reference in the subdivisions to the draft plan were a reference to the amending plan; and

(b)with any other necessary changes.

Note—

Sections 39, 40 and 40A apply only in the circumstances set out in section 38A.

(2)However, subdivision 2 does not apply to the proposed amending water resource plan if the amendment is of a type that the plan states may be made to the plan under this section.

(3)For a proposed new draft water resource plan, subdivisions1 to 3 apply—

(a)as if—

(i)a reference in the subdivisions to the proposed draft plan were a reference to the proposed new draft water resource plan; or

(ii)a reference in the subdivisions to the draft plan were a reference to the new draft water resource plan; and

(b)with any other necessary changes.

(4)Without limiting subsection (1) or (3), the amending plan or new draft plan may—

(a)change the existing boundaries of the plan area; or

(b)amalgamate the water resource plan with another water resource plan or part of another water resource plan; or

(c)change or extend the stated purpose of the water resource plan.

s 56 amd 2005 No. 19 s 12; 2011 No. 40 s 28

57Minor or stated amendments of water resource plan

Despite section 56, the Governor in Council may approve a plan to amend a water resource plan without subdivisions 1 to 3 applying if—

(a)the amending plan is only to correct a minor error in the water resource plan, or make another change that is not a change of substance; or

(b)the amendment is of a type allowed under the water resource plan for this paragraph, and the Minister reasonably believes the amendment will not adversely affect the rights of water entitlement holders or natural ecosystems.

s 57 amd 2003 No. 25 s 37; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 85 sch; 2011 No. 40 s 29; 2014 No. 40 s 134

59Purpose of div 3

The purpose of this division is to allow for the regulation of water use if there is a risk of land and water degradation.

60Minister may prepare water use plans

(1)The Minister may prepare a water use plan for any part of Queensland if the Minister is satisfied there are risks that water use in a particular area of Queensland may cause negative effects on land and water resources, including, but not limited to, the following—

(a)rising underground water levels;

(b)increasing salinisation;

(c)deteriorating water quality;

(d)waterlogging of soils;

(e)destabilisation of bed and banks of watercourses;

(f)damage to riverine environment;

(g)increasing soil erosion.

(2)Subject to subsection (3), only 1 water use plan may have effect for the part at any time.

(3)Two plans may have effect for the same part of Queensland at the same time if—

(a)one of the plans applies to—

(i)artesian water; and

(ii)subartesian water connected to the artesian water; and

(iii)water in springs connected to the artesian water; and

(b)the other plan does not apply to water mentioned in paragraph (a).

(4)However, before preparing a water use plan, the Minister must prepare a draft water use plan.

61Public notice of proposal to prepare draft water use plan

(1)The Minister must publish a notice of the Minister’s intention to prepare a draft water use plan for the proposed plan area.

(2)The notice must state the following—

(a)the purpose for which the draft plan is to be prepared, including, for example, the risk to natural ecosystems arising from the use of water on land;

(b)the proposed plan area;

(c)details of how it is intended that community and technical consultation for the preparation of the proposed draft plan will take place;

(d)that written submissions may be made by any entity about the proposed draft plan;

(e)a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(3)The day stated under subsection (2) (e) must not be earlier than 30 business days after the day the notice is published.

(4)The Minister must send a copy of the notice to each local government whose local government area includes all or part of the proposed plan area.

(5)A local government receiving a copy of the notice must make the copy available for inspection by the public.

(6)The Minister may send a copy of the notice to any other entity the Minister considers appropriate.

62Content of draft water use plans

(1)The draft water use plan must—

(a)state the purpose of the draft plan; and

(b)contain a map of the proposed plan area; and

(c)state the types of water use that are subject to the plan; and

(d)state standards for water use practices; and

(e)state objectives for water use efficiency, water reuse and water quality; and

(f)state the monitoring requirements and responsibilities.

(2)The draft plan may include, but is not limited to, schedules for the progressive implementation of the draft plan’s requirements.

s 62 amd 2013 No. 23 s 231

63Matters the Minister must consider when preparing draft water use plan

The Minister must consider the following matters when preparing the draft water use plan—

(a)changes to water use practices that will reduce the risk to land and water resources arising from the use of water on land;

(b)existing industry codes of practice for water use.

64Public notice about availability of draft water use plan

(1)The Minister must publish a notice when the draft water use plan has been prepared.

(2)The notice must state the following—

(a)where copies of the draft plan may be inspected and, on payment of a fee, purchased;

(b)that written submissions may be made by any entity about the draft plan;

(c)a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(3)The day stated under subsection (2) (c) must not be earlier than 30 business days after the day the notice is published.

(4)The Minister must send a copy of the notice and the draft plan to each local government whose local government area includes all or part of the proposed plan area.

(5)A local government receiving a copy of the draft plan must make the copy available for inspection by the public.

(6)The Minister may send a copy of the notice to any other entity the Minister considers appropriate.

65Preparing and approving final draft water use plan

(1)In preparing the final draft water use plan, the Minister must consider all properly made submissions about the draft plan.

(2)The Governor in Council may approve the final draft water use plan.

(3)A plan approved under subsection (2) is—

(a)subordinate legislation for the Statutory Instruments Act 1992 ; and

(b)the water use plan for the plan area.

s 65 amd 2001 No. 75 s 3 sch 2

66Public notice of content of water use plan

As soon as practicable after the final draft water use plan is approved, the chief executive must—

(a)publicly notify the requirements of the plan for water users; and

(b)conduct public meetings to explain the requirements.

67Public notice of intention not to proceed with making of draft water use plan

(1)This section applies if the Minister decides not to proceed with the preparation of a draft water use plan.

(2)The Minister must publish a notice advising of the decision and the reasons for the decision.

(3)The Minister must send a copy of the notice to each local government or other entity to whom the Minister sent a notice—

(a)about the proposed preparation of the draft plan; and

(b)if a draft plan was prepared—about the draft plan.

(4)A local government receiving a copy of the notice must make the copy available for inspection by the public.

s 67 amd 2003 No. 25 s 38

68When water use plans may be amended or replaced

(1)The Minister may—

(a)amend a water use plan; or

(b)prepare a new water use plan to replace an existing water use plan.

(2)The Minister must act under subsection (1) if the Minister is satisfied a water use plan is not addressing the risk to land and water arising from the use of water on land in the plan area.

69Preparing amending or new draft water use plan

(1)For preparing the amending plan, sections 61 to 67 apply—

(a)as if a reference in the sections to the draft plan were a reference to the amending plan; and

(b)with any other necessary changes.

(2)For preparing the new draft water use plan, sections 61 to 67 also apply.

70Minor or stated amendments of water use plan

Despite section 69, the Governor in Council may approve a plan to amend a water use plan without sections 61 to 67 applying—

(a)if the amending plan is only to correct a minor error in the water use plan, or make another change that is not a change of substance; or

(b)if the water use plan states that an amendment of a stated type may be made to the water use plan by amendment under this subsection—to make an amendment of the stated type.

s 70 amd 2003 No. 25 s 39

94Purpose of pt 4

The purpose of this part is to—

(a)implement water resource plans through—

(i)the preparation of resource operations plans; and

(ii)the granting of resource operations licences; and

(iii)the conversion of certain existing water licences and interim water allocations to water allocations; and

(iv)the granting of water allocations; and

(b)allow for the registration of, and dealings with, water allocations.

95Chief executive may prepare resource operations plans

(1)The chief executive may prepare a resource operations plan to implement a water resource plan for any water in the plan area in all or part of the plan area.

(2)Only 1 resource operations plan may have effect for each water resource plan at any time.

(3)However, before preparing a resource operations plan, the chief executive must prepare a draft resource operations plan.

96When chief executive must prepare a draft resource operations plan

(1)This section provides for when the chief executive must prepare a draft resource operations plan (the draft ROP), to implement a proposed water resource plan, concurrently with the Minister’s preparation of the draft water resource plan.

(2)The draft ROP must be prepared if, when the resulting water resource plan is to commence, it needs to provide for any of the following—

(a)the conversion and granting of water allocations for the proposed plan area under section 121;

(b)the granting of water licences for the proposed plan area under section 212;

(c)the amendment of water licences for the proposed plan area under section 217;

(d)the granting of a resource operations licence or distribution operations licence under section 107;

(e)the granting of an interim resource operations licence under section 176;

(f)the amendment of a resource operations licence or distribution operations licence under section 111A;

(g)the amendment of an interim resource operations licence under section 184A;

(h)environmental management rules;

(i)water sharing rules;

(j)water allocation change rules;

(k)seasonal water assignment rules;

(l)the operating rules for any water infrastructure to which the resource operations plan is intended to apply.

(3)In this section—

operating rules, for any water infrastructure to which the resource operations plan is intended to apply, means the details of how the water infrastructure will be operated.

s 96 sub 2011 No. 40 s 30

97Notice of proposal to water infrastructure operators

(1)The chief executive may give each holder of an interim resource operations licence, a resource operations licence or other authorisation to operate water infrastructure for the management of water to which the proposed plan is intended to apply a notice requesting the holder to provide proposed arrangements for the management of the water, including, for example, water allocation change rules and water and natural ecosystem monitoring practices.

(2)The arrangements must demonstrate how the holder proposes to operate any infrastructure to which the proposed plan is intended to apply, to comply with the requirements of—

(a)if the Minister has published a notice under section 40 (1) for the proposed draft plan—the statement of proposals prepared under section 39 for the proposed plan area; or

(b)otherwise—the existing water resource plan for the proposed plan area.

(3)The notice must state a day by which proposals must be made, and the person to whom, and the place where, the proposals must be made.

(4)The day stated under subsection (3) must not be earlier than 30 business days after the day the notice is given.

s 97 amd 2001 No. 75 s 19; 2011 No. 40 s 31

98Content of draft resource operations plan

(1)The draft resource operations plan (the draft plan) must—

(a)state the water resource plan, or draft water resource plan, for which the draft plan is being prepared; and

(b)contain a map of the proposed plan area; and

(c)state the water to which the draft plan is intended to apply; and

(d)identify any water infrastructure to which the draft plan is intended to apply and how it will be operated; and

(e)if the water infrastructure identified includes a relevant dam—the full supply level for the dam; and

(f)state how the chief executive will sustainably manage water to which the draft plan is intended to apply; and

(g)state the water and natural ecosystem monitoring and reporting practices that will apply in the proposed plan area; and

(h)state how the draft plan addresses the water resource plan, or draft water resource plan, outcomes.

(2)The draft plan may include, but is not limited to, the following—

(a)a map or diagram, or a series of maps or diagrams, showing water information for the proposed plan area;

(b)environmental management rules, seasonal water assignment rules and water sharing rules for the water to which the draft plan is intended to apply;

(c)directions to the chief executive about the refusal to grant, or non-acceptance of, an application for a water licence under this Act;

(d)a process for granting, reserving or otherwise dealing with unallocated water to which the draft plan is intended to apply;

(e)a process for meeting future water requirements in the plan area;

(f)details of any amendments or changes to be made to water entitlements;

(g)an implementation schedule setting out arrangements for progressive implementation of the requirements of the plan over a period of up to 5 years.

(3)If the draft plan provides for the regulating of the taking of overland flow water, the draft plan must set a minimum share of overland flow water that each owner of land in the proposed plan area may take.

(4)Also, if the draft plan provides for water allocations, the draft plan must state the following—

(a)the rules for, and details of, any proposed conversions to water allocations of existing water licences, interim water allocations and other authorities to take water;

(b)the environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water to which the draft plan is intended to apply.

(5)The water allocation change rules may contain limits on the volume of water that may be transferred—

(a)between different locations whether in or outside Queensland; or

(b)for different purposes.

s 98 amd 2001 No. 75 s 20; 2004 No. 4 s 57 sch; 2005 No. 42 s 52 sch 1; 2011 No. 33 s 31; 2011 No. 40 s 32; 2014 No. 40 s 134

99Matters the chief executive must consider when preparing draft resource operations plan

The chief executive must consider each of the following for the proposed plan area when preparing the draft resource operations plan—

(a)the—

(i)if the Minister has published a notice under section 40 (1) for the proposed draft plan—statement of proposals prepared under section 39 for the proposed plan area; or

(ii)otherwise—existing water resource plan for the proposed plan area;

(b)if the Minister has published a notice under section 40 (1) for the proposed draft plan—all properly made submissions about the statement of proposals prepared under section 39 for the proposed plan area;

(ba)any system operating plan applying to the proposed plan area, or a part of the proposed plan area;

(c)any proposed operating arrangements mentioned in section 97;

(d)the public interest.

s 99 amd 2005 No. 42 s 52 sch 1; 2006 No. 23 s 5; 2011 No. 40 s 33; 2014 No. 40 s 134

99AOverview report

(1)On or before a notice is published under section 100, the chief executive must prepare an overview report about the proposed draft plan.

Note—

Under section 1009 the chief executive must keep the report available for inspection and purchase.

(2)The report must summarise any assessments and findings about matters mentioned in section 99 that are available when the report is prepared.

s 99A ins 2011 No. 40 s 34

100Public notice about availability of draft resource operations plan and overview report

(1)The chief executive must publish a notice when the draft resource operations plan has been prepared.

(2) Subsection (3) applies if, under section 49 (7), the Minister gives the chief executive a copy of the draft water resource plan for the proposed plan area.

(3)The Minister and chief executive must liaise to ensure a notice published under subsection (1) for the proposed plan area is published together with a notice under section 49 for the proposed plan area.

(4)The notice must state the following—

(a)where copies of the draft plan, and overview report prepared under section 99A, are available for inspection and purchase;

(b)that written submissions may be made by any entity about the draft plan;

(c)a day by which submissions must be made and the person to whom, and the place where, the submissions must be made;

(d)that a notice under section 101 may be given at any time before the resource operations plan commences.

(5)The day stated under subsection (4) (c) must not be earlier than 30 business days after the day the notice is published.

(6)As soon as practicable after the notice is published, the chief executive must explain, by letter or public meetings, the implications of the notice to as many affected water entitlement holders as possible.

(7)The chief executive must send a copy of the notice and draft plan to—

(a)each local government whose local government area includes all or part of the proposed plan area; and

(b)each holder who made a proposal under section 97.

(8)A local government receiving a copy of the draft plan must make the copy available for inspection by the public.

(9)The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate.

s 100 amd 2001 No. 75 s 3 sch 2; 2003 No. 25 s 42; 2011 No. 40 s 35

101Additional requirements for notices for draft resource operations plans that establish water allocations

(1)If the draft plan allows for water allocations to be granted, the notice published under section 100 must also state that—

(a)any existing water entitlement holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and

Note—

See section 121 (4) and (5).

(b)existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder’s interest recorded on the water allocations register; and

(c)if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form.

(2)It is declared that—

(a)an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and

(b)the existing mortgagee’s interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water.

(3)It is also declared that a person is not a proposed water allocation holder under subsection (1) (c) unless—

(a)the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and

(b)the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land.

s 101 amd 2001 No. 75 s 21; 2005 No. 19 s 16

102Reviewing submissions about draft resource operations plan

(1)This section applies if a properly made submission about a draft resource operations plan requests a change be made to—

(a)a proposed water allocation; or

(b)an environmental management rule; or

(c)a water sharing rule; or

(d)an implementation schedule.

(2)After the last day for the making of submissions about the draft resource operations plan, the chief executive must—

(a)collate information about all properly made submissions made about matters mentioned in subsection (1); and

(b)if a referral panel has not been established under section 1004 to advise on the draft resource operations plan—establish a panel; and

(c)give the collated information to the panel.

(3)The panel must review the draft plan and the submissions and make recommendations to the chief executive within 30 business days after receiving the collated information from the chief executive.

(4)However, subsection (2) does not apply for a submission if the chief executive is satisfied that—

(a)the submission made about a matter mentioned in subsection (1) is inconsistent with the water resource plan or, if the draft resource operations plan was prepared under section 96, the draft water resource plan; or

(b)the draft resource operations plan should be amended in accordance with the submission.

s 102 amd 2011 No. 40 s 36

103Preparing and approving final draft resource operations plan

(1)This section applies if—

(a)the chief executive has published a notice under section 100 (1) (the plan notice) about a draft resource operations plan to implement a water resource plan or draft water resource plan (the notified draft); and

(b)the period under the plan notice for making submissions has ended; and

(c)if section 102 (2) applied for the notified draft—referral panel recommendations have been made for the notified draft.

(2)The chief executive may decide to prepare, or not to prepare, a final draft resource operations plan in relation to the notified draft (the final draft).

(3)The chief executive may, in preparing the final draft, decide to defer making any provisions about a particular aspect provided for under the notified draft (a deferred aspect) and consider later whether or not to amend under section 105A to make provisions about the deferred aspect.

Examples of what a deferred aspect may be about—

•a particular part of the proposed plan area under the notified draft

•a particular type of water entitlement

•a type of water to which the notified draft applied

(4)In making a decision under this section or preparing the final draft, the chief executive must consider the submissions and, if section 102 (2) applied for the notified draft, the referral panel recommendations.

(5)The Governor in Council may approve the final draft if—

(a)the final draft is not inconsistent with the final water resource plan; and

(b)if the final draft has a deferred aspect, the chief executive has—

(i)published a notice that identifies the deferred aspect and states that the final draft has been prepared without provisions about that aspect; and

(ii)given a copy of the notice under subparagraph (i) to each local government and holder to whom the chief executive was, under section 100 (7), required to send a copy of the plan notice.

(6)Notice of the approval must be gazetted.

(7)When approved, the final draft is the resource operations plan for the final water resource plan.

(8)Despite subsection (7) and any inconsistent provision in the resource operations plan, the resource operations plan can not commence earlier than the day the final water resource plan commences.

(9)In this section—

referral panel recommendations means recommendations under section 102 (3) about the notified draft.

s 103 sub 2008 No. 58 s 12

amd 2011 No. 40 s 37

104Public notice of intention not to proceed with making of draft or final draft resource operations plan

(1)This section applies if the chief executive decides not to proceed with the preparation of a draft resource operations plan or final draft resource operations plan.

(2)The chief executive must publish a notice advising of the decision and the reasons for the decision.

(3)The chief executive must send a copy of the notice to each local government or other entity to whom the chief executive sent a notice—

(a)about the proposed preparation of the draft plan; and

(b)if the draft plan was prepared—about the draft plan having been prepared.

s 104 amd 2003 No. 25 s 43; 2008 No. 58 s 13

104APublic notice of intention not to amend to provide for deferred aspect

(1)This section applies if—

(a)a resource operations plan has a deferred aspect; and

(b)the chief executive decides not to amend the resource operations plan to include provisions about the deferred aspect.

(2)The chief executive must—

(a)publish a notice advising of the decision and the reasons for it; and

(b)give a copy of the notice to each local government and holder to whom the chief executive was required to give notice under section 103 (5) (b) about the deferred aspect.

s 104A ins 2008 No. 58 s 14

104BConcurrent approval by Governor in Council

(1)This section applies if section 96 requires the chief executive to prepare a draft resource operations plan concurrently with the Minister’s preparation of a draft water resource plan.

(2)The Minister and chief executive must liaise with each other to ensure the concurrent approval by the Governor in Council of a final draft water resource plan under section 50 (2), and a final draft resource operations plan under section 103 (5), for a plan area.

s 104B ins 2011 No. 40 s 39

104CChief executive must prepare report on consultation process

(1)On or before the day notice of the approval of the final draft resource operations plan is gazetted, the chief executive must prepare a report about the plan.

Note—

Under section 1009 the chief executive must keep the report available for inspection and purchase.

(2)The report must include a summary of issues raised during the consultation process and how the issues have been dealt with.

s 104C ins 2011 No. 40 s 39

104DPublic access to particular notices

If, under section 103 (5) (b) (ii), 104 (3) or 104A (2) (b), a local government receives a copy of a notice it must make the copy available for inspection by the public.

s 104D (prev s 104B) ins 2008 No. 58 s 14

renum 2011 No. 40 s 38

105General provision for amending resource operations plan

(1)The chief executive may amend a resource operations plan.

(2) Subsection (3) applies if a resource operations plan will be inconsistent with a water resource plan for which it has effect because of a proposed amendment to the water resource plan of which the chief executive has become aware under section 39 (2) or 49 (7).

(3)The chief executive must amend the resource operations plan if it is inconsistent with the water resource plan, as proposed to be amended, so that the 2 plans are consistent.

(4)Sections 95 to 104 must be followed for preparing the amendment—

(a)as if a reference in the sections to preparing a draft plan were a reference to preparing the amendment; and

(b)with any other necessary changes.

(5)Without limiting subsection (1) or (3), the amendment may—

(a)change the plan area; or

(b)amalgamate the resource operations plan with another resource operations plan or part of another resource operations plan; or

(c)change the water infrastructure operating arrangements and other requirements of the plan; or

(d)improve the relationship between the resource operations plan and any system operating plan applying to the plan area, or a part of the plan area.

(6)However, if the amendment of a resource operations plan is not being made under subsection (3), section 99 (b), (ba) and (d) does not apply to the preparation of the amendment if—

(a)the chief executive is satisfied that sufficient public notice of, and opportunity to make submissions on, the proposed amendment, will be available under section 100; or

(b)the amendment is of a type that the resource operations plan states may be made to the plan under this subsection.

s 105 amd 2005 No. 19 s 17; 2006 No. 23 s 6; 2008 No. 58 s 15; 2010 No. 20 s 79; 2011 No. 40 s 40; 2014 No. 40 s 136

105AAmendment to provide for deferred aspect

(1)This section applies only if a resource operations plan has a deferred aspect and the plan has not previously been amended to include provisions about that aspect.

(2)Despite section 105 (4), the Governor in Council may approve an amendment of the resource operations plan without sections 95 to 104 applying if the amendment—

(a)is about the deferred aspect; and

(b)is not inconsistent with the water resource plan that the resource operations plan implements.

s 105A ins 2008 No. 58 s 16

amd 2010 No. 20 s 80

106Minor or stated amendments of resource operations plan

Despite section 105 (4), the Governor in Council may approve an amendment of a resource operations plan without sections 95 to 104 applying if—

(a)the amendment is only to correct a minor error in the plan, or make another change that is not a change of substance; or

(b)the amendment is of a type allowed under the plan for this paragraph, and the chief executive reasonably believes the amendment will not adversely affect the rights of water entitlement holders or natural ecosystems; or

(c)the amendment is necessary to make the resource operations plan consistent with a water resource plan for which the resource operations plan has effect and is not an amendment to which section 105 (3) applies.

s 106 amd 2003 No. 25 s 44; 2005 No. 42 s 52 sch 1; 2010 No. 20 s 81; 2011 No. 40 s 41; 2013 No. 23 s 233; 2014 No. 40 s 137

106AA Amendment of resource operations plan between approval and commencement

The chief executive may amend a resource operations plan after its approval under section 103 (5) but before its commencement to take account of—

(a)the current details of any proposed conversions of existing water licences, interim water allocations and other authorities, to take water or to interfere with the flow of water, to water allocations; or

(b)the details of the current holders of the water licences, interim water allocations and other authorities mentioned in paragraph (a).

s 106AA ins 2011 No. 40 s 42

sdiv 3 ins 2010 No. 20 s 82

106AContinuation of resource operations plan for new water resource plan

(1)This section applies if—

(a)a new water resource plan that replaces an existing water resource plan is approved under section 50 (2); and

(b)the chief executive has not prepared a resource operations plan, to implement the new water resource plan, concurrently with the Minister’s preparation of the draft water resource plan.

(2)The resource operations plan that implements the existing water resource plan—

(a)continues to have effect for the plan area for the new water resource plan; and

(b)is the resource operations plan for the new water resource plan.

(3)Unless, and to the extent, the new water resource plan expressly provides otherwise, the resource operations plan continues to have effect for the plan area for the new water resource plan despite any inconsistency between the resource operations plan and the new water resource plan.

(4)This section does not limit or otherwise affect section 105 (3).

s 106A ins 2010 No. 20 s 82

amd 2011 No. 40 s 43

div hdg sub 2005 No. 19 s 18

sdiv hdg sub 2005 No. 19 s 19

107Effect of resource operations plan

On and from the day a resource operations plan has effect—

(a)the interim resource operations licences and other authorisations to operate infrastructure identified in the plan cease to have effect; and

(b)the chief executive must grant resource operations licences and distribution operations licences in the approved form and in accordance with the plan for the water to which the plan applies.

s 107 sub 2001 No. 75 s 22

amd 2005 No. 19 s 20

107AAuthority to interfere with water under resource operations licence

(1)A resource operations licence authorises its holder to interfere with the flow of water to the extent necessary to operate the water infrastructure to which the licence applies.

(2)A resource operations licence can be held only by—

(a)the owner of the water infrastructure to which the licence applies; or

(b)if the owner of the water infrastructure to which the licence applies is a subsidiary company, the parent company of the subsidiary.

s 107A ins 2003 No. 25 s 45

amd 2005 No. 19 s 21

sub 2013 No. 23 s 234

107BAuthority to take or interfere with water under distribution operations licence

(1)A distribution operations licence authorises its holder to take water or interfere with the flow of water to distribute water under water allocations.

(2)A distribution operations licence can be held only by—

(a)the water infrastructure owner; or

(b)if the water infrastructure owner is a subsidiary company, the parent company of the subsidiary; or

(c)an entity (the approved nominee) nominated by the water infrastructure owner and approved under section 107C to be the holder of the licence.

(3) Subsection (2) (c) applies whether the approved nominee was nominated or approved under section 107C before or after—

(a)the entity that is the water infrastructure owner became the water infrastructure owner; or

(b)the licence started to apply to the water infrastructure.

s 107B ins 2013 No. 23 s 234

107CNomination and approval of entity as distribution operations licence holder

(1)This section applies if any of the following entities (each a nominator) gives the chief executive a notice in the approved form nominating an entity (a nominee) to be the holder of a distribution operations licence—

(a)the water infrastructure owner;

(b)if a water authority is, or is to be, dissolved and converted under chapter 4, part 7, to 1 or more entities that are alternative institutional structures—the entity in whom is vested, on the changeover day, the water infrastructure to which the licence is to apply;

(c)if the nominee is applying for the licence under section 108A and paragraph (b) does not apply—the entity who is to be the owner of the water infrastructure to which the licence is to apply if and from when the licence is granted;

(d)if an application has been made to transfer the licence to the nominee under section 114 and paragraph (b) does not apply—the entity who is to be the owner of the water infrastructure to which the licence is to apply if and from when the licence is transferred.

(2)The chief executive may approve the nominee to be the holder of the licence only if—

(a)the chief executive is satisfied the nominee—

(i)is a suitable entity to hold the licence; and

(ii)can carry out the activities authorised, or to be authorised, under the licence; and

(iii)can comply with the conditions, or proposed conditions, of the licence; and

(b)at least 1 of the following applies—

(i)the nominator holds the licence and has carried out the activities authorised under the licence in compliance with the conditions of the licence;

(ii)the chief executive is satisfied paragraph (a)(i), (ii) and (iii) apply to the nominator;

(iii)the chief executive is satisfied that, if the nominee were to cease to be the licence holder, the nominator could within a reasonable period nominate another nominee to hold the licence.

(3)However—

(a)the approval of the nominee of a nominator mentioned in subsection (1) (c) ends if the application to grant the licence is refused; and

(b)the approval of the nominee of a nominator mentioned in subsection (1) (d) ends if the application to transfer the licence lapses or is refused.

(4)In this section—

changeover day, for dissolution of a water authority, means the day the water authority is dissolved under chapter 4, part 7, division 1.

s 107C ins 2013 No. 23 s 234

108Granting resource operations licences and distribution operations licences

(1)If a resource operations plan states a process for the granting of a resource operations licence to meet future water requirements, the chief executive must follow and grant the licence in accordance with the process.

(2)If a resource operations plan states a process for the granting of a distribution operations licence to meet future water distribution requirements, the chief executive must—

(a)follow the process; and

(b)subject to sections 107B (2) (c) and 107C, grant the licence in accordance with the process.

(3)Within 30 business days after the chief executive grants the licence, the chief executive must—

(a)give the grantee—

(i)the licence; and

(ii)if the conditions of the licence include conditions to which the grantee did not agree in writing—an information notice about the decision to impose the conditions; and

(b)if the grantee of a distribution operations licence is the approved nominee of the water infrastructure owner—give the water infrastructure owner notice of the granting of the licence.

(4)The licence has effect on the day stated in the licence.

(5)If the chief executive decides to refuse to approve a nominee to be the holder of a distribution operations licence under section 107C (2), the chief executive must—

(a)give the nominee an information notice about the decision; and

(b)give the nominator notice of the decision.

s 108 amd 2005 No. 19 s 22

sub 2013 No. 23 s 234

sdiv hdg ins 2005 No. 19 s 23

108AApplying for a distribution operations licence other than under a resource operations plan

(1)A person may apply for a distribution operations licence not granted under a resource operations plan.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by details of—

(i)all water distributed, or intended to be distributed, by the applicant and taken, or to be taken, under water allocations; and

(ii)the names and addresses of the holders of existing water allocations mentioned in subparagraph (i) and details of any existing arrangements for the distribution of the water; and

(iii)the applicant’s proposed arrangements for any distribution infrastructure; and

(iv)any other information that may enable the chief executive to decide the application; and

(c)accompanied by the fee prescribed under a regulation.

(3)If the application is made by the nominee of the water infrastructure owner, the application must also be supported by sufficient information to enable the chief executive to decide whether or not to approve the nominee under section 107C.

(4)In this section—

person includes the nominee of the water infrastructure owner.

s 108A ins 2005 No. 19 s 23

amd 2013 No. 23 s 235

108BAdditional information may be required

(1)The chief executive may require either or both of the following to give additional information about the application—

(a)the applicant;

(b)if the applicant is the nominee of the water infrastructure owner—the owner.

(2)The chief executive may require any information included in the application, or any additional information required under subsection (1), to be verified by statutory declaration.

(3)If an entity of whom a requirement is made under subsection (1) or (2) fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the application lapses.

s 108B ins 2005 No. 19 s 23

sub 2013 No. 23 s 236

108CDeciding application for distribution operations licence

(1)In deciding whether to grant the application, the chief executive must consider the application and any additional information given in relation to the application.

(2)The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law.

(3)If the chief executive is satisfied the application should be granted, the chief executive may grant the application, with or without conditions.

(4)If the chief executive is not satisfied the application should be granted, the chief executive must refuse to grant the application.

(5)Within 30 business days after deciding the application, the chief executive must give the applicant an information notice about the decision on the application and, if the chief executive has decided to grant the licence, a distribution operations licence.

(6)The licence takes effect from the day the applicant is given the information notice.

(7) Subsections (1) and (2) do not limit the matters the chief executive may consider in deciding whether to grant the application.

s 108C ins 2005 No. 19 s 23

sdiv hdg amd 2005 No. 19 s 24

109Content of resource operations licence or distribution operations licence

A resource operations licence or distribution operations licence must state, but is not limited to, the following—

(a)details of the licence holder;

(b)any resource operations plan to which the licence relates;

(c)any water infrastructure to which the licence applies;

(d)any conditions the holder must comply with.

s 109 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 25

110Conditions of resource operations licence or distribution operations licence

(1)It is a condition of a resource operations licence or a distributions operations licence that the licence holder must comply with any operating arrangements and supply or distribution requirements of the resource operations plan that relate to the holder and with section 360ZA.

(1A)If there is more than 1 resource operations licence holder in a water supply scheme, the operating arrangements of the resource operations plan for the scheme relate to all resource operations licence holders in the scheme.

(2)In addition to subsection (1), a condition of a licence may—

(a)require the holder to do all or any of the following—

(i)install a meter to measure the taking of or interfering with water through the water infrastructure to which the licence applies;

(ii)carry out and report on a stated monitoring program;

(iii)give the chief executive information reasonably required by the chief executive about the holder’s performance under the licence and information about resource management aspects of the holder’s operations for the administration or enforcement of this Act;

(iv)pay the fees prescribed under a regulation; and

(b)prohibit the holder from changing, replacing or operating any water infrastructure if the change, replacement or operation of the water infrastructure is incompatible with the objectives of the water resource plan for the area to which the licence relates.

s 110 amd 2001 No. 75 s 23; 2003 No. 25 s 46; 2005 No. 19 s 26; 2006 No. 23 s 7

sdiv hdg amd 2005 No. 19 s 27

111Amending a licence for consistency with a plan

(1)The chief executive must amend a resource operations licence or a distribution operations licence if, because of an amendment to the resource operations plan to which the licence relates, the licence or a distribution operations licence is inconsistent with the plan.

(2)As soon as possible after the amendment is approved, the chief executive must—

(a)amend the licence to ensure it is consistent with the plan; and

(b)give the licence holder an information notice stating the aspects of the existing licence that are inconsistent with the amended plan; and

(c)give the holder an amended licence in the approved form; and

(d)for an amendment of a distribution operations licence held by the approved nominee of the water infrastructure owner—give the owner notice of the amendment.

(3)The amended licence takes effect from the day the chief executive gives the holder the information notice.

s 111 amd 2005 No. 19 s 28; 2013 No. 23 s 237

111AAmending a licence under a plan process

(1) Subsection (2) applies if a resource operations plan states a process for amending a resource operations licence or a distribution operations licence.

(2)The chief executive must follow the process and amend the licence in accordance with the process.

(3)Within 30 business days after the chief executive amends the licence, the chief executive must—

(a)give the licence holder—

(i)an amended licence in the approved form; and

(ii)an information notice about the decision to amend the licence; and

(b)for an amendment of a distribution operations licence held by the approved nominee of the water infrastructure owner—give the owner notice of the amendment.

(4)The amended licence takes effect from the day the chief executive gives the licence holder the information notice.

s 111A ins 2001 No. 75 s 24

amd 2005 No. 19 s 29; 2013 No. 23 s 238

112Other amendments chief executive may make to licence

(1)The chief executive may amend a condition of a resource operations licence or a distribution operations licence if the chief executive is satisfied—

(a)the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by—

(i)the licence holder; or

(ii)for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner; or

(b)either or both of the following have contravened this Act—

(i)the licence holder;

(ii)for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner.

(2)Before the chief executive acts under subsection (1), the chief executive must give the holder a show cause notice about the proposed amendment.

(3)In deciding whether to amend the condition, the chief executive must consider any properly made submission about the proposed amendment.

(4)If the chief executive is satisfied the proposed amendment should be made, the chief executive must—

(a)give the holder—

(i)an amended licence in the approved form; and

(ii)an information notice about the decision to amend the licence; and

(b)for an amendment of a condition of a distribution operations licence held by the approved nominee of the water infrastructure owner—give the owner an information notice about the decision to amend the licence.

(5)If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder notice that the licence will not be amended.

(6)The amended licence takes effect from the day the chief executive gives the holder the information notice.

s 112 amd 2005 No. 19 s 30; 2013 No. 23 s 239

113Minor, stated or agreed amendments of licence

(1)The chief executive may amend a resource operations licence or a distribution operations licence without complying with the provisions of this subdivision about amending a licence if the amendment is only—

(a)to correct a minor error in the licence, or make another change that is not a change of substance; or

(b)if the licence states that an amendment of a stated type may be made to the licence by amendment under this subsection—to make an amendment of the stated type; or

(c)if the licence holder agrees to the amendment.

(2)If the chief executive amends a licence under subsection (1), the chief executive must, within 30 business days after amending the licence—

(a)give the holder an amended licence in the approved form; and

(b)for an amendment of a distribution operations licence held by the approved nominee of the water infrastructure owner—give the owner notice of the amendment.

s 113 amd 2003 No. 25 s 47; 2005 No. 19 s 31; 2008 No. 34 s 676; 2013 No. 23 s 240

sdiv hdg sub 2003 No. 25 s 48

amd 2005 No. 19 s 32

114Applying for transfer of licence

(1)The holder of a resource operations licence or a distribution operations licence may apply to the chief executive to transfer all or part of the licence to another entity (the transferee) that can hold the licence.

(2)If a distribution operations licence is held by the approved nominee of the water infrastructure owner (the current infrastructure owner), the current infrastructure owner may also apply, with or without the consent of the approved nominee, to transfer all or a part of the licence to the transferee.

(3)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by—

(i)the fee prescribed under a regulation; and

(ii)if the application is by the approved nominee—the current infrastructure owner’s written consent to the transfer.

s 114 amd 2005 No. 19 s 33

sub 2013 No. 23 s 241

115Additional requirements for transfer of distribution operations licence to nominee

(1)This section applies to an application to transfer all or part of a distribution operations licence if—

(a)the transferee is the nominee of the current infrastructure owner; or

(b)the current infrastructure owner is transferring ownership of the water infrastructure to which the licence or part applies to another entity (the incoming owner) and the transferee for the licence or part is the nominee of the incoming owner.

(2)The application must be—

(a)accompanied by the written consent of—

(i)the current infrastructure owner, unless the owner is the applicant; and

(ii)the incoming owner; and

(b)supported by sufficient information to enable the chief executive to decide whether or not to approve the nominee under section 107C.

s 115 amd 2005 No. 19 s 34

sub 2013 No. 23 s 241

115AAdditional information may be required

(1)The chief executive may require all or any of the following to give additional information about the application—

(a)the holder of the resource operations licence or a distribution operations licence;

(b)the transferee;

(c)for an application to transfer all or part of a distribution operations licence, if relevant—

(i)the current infrastructure owner; or

(ii)the incoming owner.

(2)The chief executive may require information in the application, or any additional information required under subsection (1), to be verified by statutory declaration.

(3)If an entity of whom a requirement is made under subsection (1) or (2) fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the application lapses.

s 115A ins 2013 No. 23 s 241

116Deciding application to transfer licence

The chief executive must decide the application within 30 business days after—

(a)if the chief executive does not request further information about the application under section 115A—the day the chief executive received the application; or

(b)if the chief executive requests further information about the application under section 115A—the day the chief executive receives the information.

s 116 amd 2005 No. 19 s 35; 2008 No. 34 s 666 sch 2; 2013 No. 23 s 352 sch 1 pt 1

117Approving application to transfer licence

(1)If the chief executive decides to approve the application, the chief executive must, within 30 business days after making the decision (the notice period)—

(a)give the applicant and transferee notice of the decision; and

(b)cancel the existing licence and give a new licence to the transferee.

(2)If the application was for the transfer of all or part of a distribution operations licence, the chief executive must also, within the notice period, give notice of the decision to—

(a)the current infrastructure owner, unless the owner was the applicant; and

(b)if the transferee is the nominee of the incoming owner—the incoming owner.

(3)If the application was not to transfer all of a licence, the chief executive must, within the notice period, give the holder of the part (the remaining part) of the licence that was not transferred an amended licence for the remaining part.

(4)The new licence takes effect from the day the notice is given under subsection (1) (a).

s 117 amd 2005 No. 19 s 35

sub 2013 No. 23 s 242

118Refusing application to transfer licence

(1)The chief executive may refuse the application if the chief executive is satisfied the transferee does not have the necessary expertise or experience to be a licence holder or is not a suitable person to hold the licence, including, for example—

(a)if the transferee has been convicted of an offence against this Act or an interstate law or has held 1 of the following licences (each a relevant licence) that has been cancelled or suspended under this Act or an interstate law—

(i)a resource operations licence;

(ii)an interstate resource operations licence;

(iii)a distribution operations licence;

(iv)an interstate distribution operations licence; or

(b)if the transferee is a corporation—an executive officer of the corporation—

(i)has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or

(ii)is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law.

(2)The chief executive may also refuse the application on grounds not mentioned in subsection (1).

(3)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice within 30 business days after making the decision.

(4)In this section—

this Act includes the repealed Acts.

s 118 amd 2005 No. 19 s 37

118AAmalgamating licences

(1)The holder of a resource operations licence may apply to the chief executive to amalgamate, into a single licence, the resource operations licence with another resource operations licence in the same water supply scheme.

(2)The holder of a distribution operations licence may apply to the chief executive to amalgamate, into a single licence, the distribution operations licence with another distribution operations licence in the same water supply scheme.

(3)An application under subsection (1) or (2) must be—

(a)in the approved form; and

(b)accompanied by the written consent of the holder of the other licence; and

(c)supported by sufficient information to enable the chief executive to amalgamate the licences; and

(d)accompanied by the fee prescribed under a regulation.

(4)If an application under subsection (2) relates to a distribution operations licence held by the approved nominee of the water infrastructure owner, the application must also be accompanied by the owner’s written consent to the amalgamation.

(5)The chief executive must grant the application.

(6)Within 30 business days after granting the application, the chief executive must—

(a)give notice of the amalgamation to—

(i)the applicant; and

(ii)the holder of the other licence; and

(iii)if the amalgamation relates to a distribution operations licence mentioned in subsection (4)—the water infrastructure owner; and

(b)cancel the existing licences and give a new licence to the applicant.

(7)The new licence takes effect from the day the notice is given.

s 118A ins 2003 No. 25 s 49

amd 2005 No. 19 s 38; 2013 No. 23 s 243

sdiv hdg amd 2005 No. 19 s 39

119Cancelling licence

(1)The chief executive may cancel a resource operations licence or a distribution operations licence on the following grounds—

(a)the licence holder has not complied with a condition of the licence or a requirement of the holder under this Act;

(b)either of the following has been convicted of an offence against this Act—

(i)the licence holder;

(ii)for a distribution operations licence held by the approved nominee of the water infrastructure owner—the owner;

(c)the licence was granted because of a materially false or misleading representation or declaration made, either orally or in writing, by—

(i)the licence holder; or

(ii)for a licence mentioned in paragraph (b)(ii)—the owner;

(d)for a licence mentioned in paragraph (b)(ii)—

(i)an application to transfer all or part of the licence has lapsed because the approved nominee has not complied with a requirement under section 115A; and

(ii)the water infrastructure owner has requested cancellation of the licence.

(2) Subsection (1) (a) does not apply if the holder has been convicted under section 813 for the noncompliance.

s 119 amd 2005 No. 19 s 40; 2013 No. 23 s 244

119AProcedure for cancelling licence

(1)If the chief executive is satisfied a ground exists under section 119 to cancel the licence, the chief executive must—

(a)give a show cause notice about the proposed cancellation to the licence holder; and

(b)for a distribution operations licence held by the approved nominee of the water infrastructure owner—give a copy of the notice to the water infrastructure owner.

(2)If, after considering any properly made submission about the proposed cancellation, the chief executive is still satisfied the licence should be cancelled, the chief executive may cancel the licence.

Note—

For appointment of administrator following cancellation of licence, see section 955.

(3)If the chief executive decides to cancel the licence, the chief executive must, within 10 business days after making the decision, give an information notice about the decision to—

(a)the licence holder; and

(b)for a licence mentioned in subsection (1) (b)— the water infrastructure owner.

(4)The decision takes effect on the later of—

(a)if the applicant does not appeal against the decision—the day the period for appeals ends; or

(b)if the applicant appeals against the decision but withdraws the appeal—the day the appeal is withdrawn; or

(c)if the applicant appeals against the decision and the appeal is dismissed—the day the appeal is decided.

(5)However, if the licence is cancelled because of the conviction of a person for an offence—

(a)the cancellation does not take effect until the later of—

(i)the day the period for appeals against the conviction ends; or

(ii)if the appeal is made against the conviction—the appeal is finally decided; and

(b)the cancellation has no effect if the conviction is quashed on appeal.

s 119A (prev s 120) amd 2005 No. 19 s 41 (1)–(2)

renum 2005 No. 19 s 41 (3)

amd 2013 No. 23 s 245

119BCancelling licence no longer required

(1)The chief executive may cancel a resource operations licence if—

(a)another resource operations licence has been granted to replace the licence to be cancelled; or

(b)the chief executive and the resource operations licence holder have agreed the resource operations licence is no longer required.

(2)The chief executive may cancel a distribution operations licence if—

(a)another distribution operations licence has been granted to replace the licence to be cancelled; or

(b)the chief executive and the distribution operations licence holder have agreed the distribution operations licence is no longer required.

(3)If the chief executive decides to cancel a licence under subsection (1) or (2), the chief executive must, within 30 business days after making the decision, give an information notice about the decision to—

(a)the licence holder; and

(b)for a distribution operations licence held by the approved nominee of the water infrastructure owner— the owner.

(4)The cancellation takes effect from the day the chief executive gives the licence holder the information notice.

s 119B (prev s 120A) ins 2001 No. 75 s 25

amd 2005 No. 19 s 42 (1)–(4)

renum 2005 No. 19 s 42 (5)

amd 2013 No. 23 s 246

sdiv hdg ins 2005 No. 19 s 43

119CPreparing regular audit reports

The chief executive may prepare an audit report—

(a)about a resource operation licence holder’s or a distribution operations licence holder’s compliance with the licence; and

(b)to verify the accuracy of monitoring and reporting information given to the chief executive by the holder.

s 119C ins 2005 No. 19 s 43

119DAccess for conducting a relevant audit

(1)This section applies to any of the following entities—

(a)the holder of a resource operations licence;

(b)the holder of a distribution operations licence;

(c)if a distribution operations licence is held by the approved nominee of the water infrastructure owner—the owner.

(2)The entity must give an authorised person free and uninterrupted access to the water infrastructure to which the licence applies and any records relating to the water infrastructure for conducting a relevant audit.

Maximum penalty—200 penalty units.

(3)In this section—

authorised person means a person authorised by the chief executive to participate in conducting a relevant audit.

relevant audit means an audit for preparing an audit report under section 119C.

s 119D ins 2005 No. 19 s 43

sub 2013 No. 23 s 247

sdiv hdg ins 2003 No. 25 s 51

120BMeaning of volumetric limit for div 4

(1)The volumetric limit for a water allocation is stated on the allocation.

(2)Unless subsection (3) applies, the volumetric limit is the maximum volume of water, in megalitres, that may be taken under the allocation during the period of time, or in the circumstances, stated in the resource operations plan under which the allocation is managed.

(3)If the resource operations plan contains a water sharing rule about volumetric limits that applies to the water allocation, the volumetric limit is used to calculate, under the rule, the maximum volume that may be taken during a particular period of time or in particular circumstances.

s 120B ins 2003 No. 25 s 51

sdiv hdg (prev sdiv 1 hdg) renum 2003 No. 25 s 50

121Converting water entitlements

(1)On the day a resource operations plan or any amendment of a resource operations plan commences—

(a)all water licences, interim water allocations or other authorities to take water, to be converted under the plan or the amendment, expire and the chief executive must grant to the holders of the expired water licences, interim water allocations or other authorities, the water entitlements stated in the plan or amendment; and

(b)the registrar must record on the water allocations register details of each water allocation granted.

(2)If an allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation.

(3) Subsection (2) does not apply if—

(a)the resource operations licence holder and the allocation holder are the same person; or

(b)the allocation holder is a subsidiary company of the resource operations licence holder.

(4) Subsection (5) applies if the chief executive has been given a notice under section 101 (1) (a).

(5)The allocation must be recorded in accordance with the notice.

(8)Within 30 business days after the chief executive grants the allocation, the chief executive must give the allocation holder a notice about the granting of the allocation.

(9)The allocation has effect the day the granting of the allocation is recorded.

s 121 amd 2001 No. 75 s 26; 2003 No. 25 s 52; 2005 No. 19 s 44; 2011 No. 40 s 44

121AConverting particular forfeited or surrendered interim water allocations

(1)The chief executive may, by gazette notice, convert a forfeited or surrendered interim water allocation managed under a resource operations licence to a water allocation.

Notes—

1An interim water allocation may be forfeited under section 196 or surrendered under section 197.

2For a forfeited or surrendered interim water allocation managed under an interim resource operations licence see section 197A.

(2)The notice must state—

(a)the number, recorded in the department’s water entitlement registration database, for the interim water allocation; and

(b)the following information about the water allocation—

(i)its nominal volume;

(ii)the location from which, and the purpose for which, the water may be taken under it;

(iii)its conditions;

(iv)the resource operations plan and the resource operations licence under which it is managed;

(v)the priority group to which it belongs.

(3)On the day the notice is gazetted—

(a)the interim water allocation ceases to be an interim water allocation and becomes a water allocation with conditions—

(i)consistent with the strategies for converted interim water allocations stated in the water resource plan for the area to which the water allocation relates and implemented through the resource operations plan for the water resource plan; and

(ii)to the extent the strategies do not provide—the chief executive otherwise considers necessary having regard to the plans; and

(b)the holder of the interim water allocation becomes the holder of the water allocation; and

(c)the registrar must record on the water allocations register details of the water allocation in accordance with the notice.

(4)The water allocation has effect when it is recorded.

(5)The chief executive may—

(a)transfer the water allocation to—

(i)the resource operations licence holder; or

(ii)an entity prescribed under a regulation; or

(b)deal with the water allocation under section 138 (6) to (9) as if it were a forfeited water allocation.

s 121A ins 2013 No. 23 s 248

122Granting water allocations

(1) Subsection (2) applies if a resource operations plan states a process for the granting of a water allocation to meet future water requirements.

(2)The chief executive must follow the process and grant the allocation in accordance with the process.

(3)On the day the allocation is granted, the registrar must record on the water allocations register details of the allocation.

(4)If the allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation.

(5) Subsection (4) does not apply if the resource operations licence holder and the allocation holder are the same person or related entities.

(6)Within 30 business days after the chief executive grants the allocation, the chief executive must give the allocation holder a notice about the granting of the allocation.

(7)The allocation has effect the day the registrar records the granting of the allocation in the register.

s 122 amd 2001 No. 75 s 27; 2005 No. 19 s 45

122AChief executive may approve standard supply contracts

(1)The chief executive may approve standard supply contracts for the storage and delivery by resource operations licence holders of water under water allocations.

(2)Different supply contracts may be approved for different areas of the State.

(3)The chief executive must gazette the approval of each standard supply contract.

(4)On the day an allocation is granted, or converted under section 121A, the standard supply contract for the area applies to the allocation unless—

(a)the allocation holder and the resource operations licence holder have a supply contract for the allocation; or

(b) section 121 (3) applies to the allocation; or

(c)for an allocation converted under section 121A—the allocation is held by the chief executive.

(5)The parties to the supply contract must review the contract within 1 year after the day the contract takes effect.

s 122A ins 2001 No. 75 s 28

amd 2005 No. 19 s 46; 2013 No. 23 s 249

123Relationship between plans and water allocation

(1)The taking of water under a water allocation from the plan area for a water resource plan is subject to that plan and the resource operations plan that implements the water resource plan.

(2)If there is a conflict between either plan and the water allocation, the plan prevails.

s 123 sub 2005 No. 19 s 47

124Security for supply and storage of water allocation

If a water allocation is managed under a resource operations licence, the licence holder may require the allocation holder to give the licence holder reasonable security for supplying and storing the allocation.

125Amending water allocations

(1) Subsection (2) applies if—

(a)a resource operations plan or amendment of a resource operations plan states that a water allocation must be amended; or

(aa)a resource operations plan states, for a water allocation, the water management area that includes the location from which the water may be taken; or

(b)the name of the resource operations licence, under which a water allocation is managed, is changed.

(2)The chief executive must amend the water allocation in accordance with the plan or the change and give the allocation holder a notice about the amendment.

(3)On the day the allocation is amended, the registrar must record on the water allocations register details of the amendment.

(4)The amendment has effect the day the registrar records the amendment in the register.

s 125 amd 2001 No. 75 s 29; 2003 No. 25 s 53; 2005 No. 19 s 48

126Correcting water allocation when recording granting or amendment

(1)When the registrar records a matter under this division, the registrar may make any necessary corrections to the name of the existing water entitlement holder when recording the granting or amending of the water allocation.

(2)For subsection (1), the chief executive may require—

(a)the applicant to give additional information about the correction; or

(b)any information about the correction, or any additional information required under paragraph (a), to be verified by statutory declaration.

s 126 amd 2001 No. 75 s 3 sch 2

127Registration details for water allocations

(1)The entry on the water allocations register for a water allocation must state the following—

(a)details of the person who holds, and how the person holds, the allocation;

(b)a nominal volume for the allocation;

(c)the location from which the water may be taken;

(d)the purpose, including, for example, agricultural, industrial or urban, for which the water may be taken;

(e)any conditions required by the chief executive to be entered on the register;

(f)the resource operations plan under which the water allocation is managed;

(g)other matters prescribed under a regulation.

(2)If the water allocation is managed under a resource operations licence, the entry on the water allocations register for the allocation must also state the following—

(a)the resource operations licence under which the allocation is managed;

(b)the priority group to which the allocation belongs.

(3)If the water allocation is not managed under a resource operations licence, the entry on the water allocations register for the allocation must also state the following—

(a)the volumetric limit;

(b)the water allocation group to which the allocation belongs;

(c)the water management area that includes the location from which the water may be taken.

(4)If the water allocation is not managed under a resource operations licence, the entry on the water allocations register for the allocation may also state the following—

(a)the maximum rate for taking water;

(b)the flow conditions under which the water may be taken.

s 127 amd 2003 No. 25 s 54; 2005 No. 19 s 49; 2011 No. 40 s 45

127AConditions of a water allocation

The conditions of a water allocation include—

(a)the volume of water authorised to be taken under the allocation; and

(b)any conditions entered on the register under section 127 (1) (e); and

(c)other conditions prescribed under a regulation.

s 127A ins 2003 No. 25 s 55

127BWater allocations to which a distribution operations licence applies

(1)This section applies if—

(a)a water allocation is granted under section 121; and

(b)at the time the allocation is granted, water may be distributed to the water allocation holder by the holder of a distribution operations licence.

(2)The chief executive must give the registrar notice that the water allocation is an allocation to which a distribution operations licence applies.

s 127B ins 2005 No. 19 s 50

127CPreservation of obligation in particular circumstances

(1)This section applies if—

(a)the location from which water may be taken under a water allocation mentioned in section 127B (1) is changed to a location to which the holder of the distribution operations licence (the licence holder) does not distribute water; or

(b)the allocation is subdivided or amalgamated with another allocation.

(2)The obligation on the water allocation holder to pay a charge, in relation to the licence holder’s distribution works, to the licence holder under the distribution arrangements between the parties continues to attach to the water allocation until the licence holder agrees that the obligation has been satisfied.

(3)If the licence holder agrees, under subsection (2), that the obligation has been satisfied, the licence holder must give the chief executive notice in the approved form of the satisfaction.

(4)If the chief executive receives notice under subsection (3), the chief executive must give the registrar notice that the allocation is no longer an allocation to which a distribution operations licence applies.

s 127C ins 2005 No. 19 s 50

128Meaning of change to a water allocation

(1)For this subdivision, a change to a water allocation is a reconfiguration of any 1 or more of the following elements of the holder’s entitlement under the allocation—

(a)the nominal volume for the allocation;

(b)the location from which the water may be taken under the allocation;

(d)the purpose for which the water may be taken under the allocation;

(e)any condition mentioned in section 127 (1) (e);

(f)the priority group to which the allocation belongs;

(g)maximum rate for taking water;

(h)the flow conditions under which the water may be taken;

(i)the volumetric limit;

(j)the water allocation group to which the allocation belongs.

(2)However—

(a)for a water allocation not managed under a resource operations licence, the reconfiguration must not—

(i)change the nominal volume for the water allocation; or

(ii)allow the taking of more than the water allocation’s share of the water available to be taken by holders of water allocations in all water allocation groups in a water resource plan area; and

(b)for a water allocation managed under a resource operations licence, the reconfiguration must not—

(i)increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or

(ii)increase the water the resource operations licence holder has available to supply the water allocations managed under the licence.

s 128 amd 2001 No. 75 s 3 sch 2; 2003 No. 25 s 56

128AAmalgamation or subdivision of water allocations

(1)A water allocation holder may apply to the chief executive to—

(a)amalgamate 2 or more water allocations into a single water allocation; or

(b)subdivide a water allocation into 2 or more water allocations.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The chief executive must approve the application, with or without conditions, if the chief executive is satisfied the amalgamation or subdivision is consistent with the resource operations plan.

(4)The chief executive must not approve the application if the amalgamation or subdivision would result in an increase in the holder’s entitlement under the allocation or allocations.

(5)The chief executive must, within 10 business days after deciding the application—

(a)give the applicant an information notice; and

(b)if the chief executive approves the application—give the applicant a certificate stating that the proposed change is approved.

(6)The certificate—

(a)must be in the approved form; and

(b)remains valid—

(i)until the date stated in the certificate; or

(ii)if the certificate does not state a date—for 40 business days.

(7)If the water allocation holder lodges the certificate with the registrar, the registrar must record on the water allocations register details of the amalgamation or subdivision.

(8)However, if the allocation is managed under a resource operations licence, the registrar must not act under subsection (7) until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the allocation holder and the resource operations licence holder.

(9) Subsection (8) does not apply if—

(a)the resource operations licence holder and the allocation holder are the same person; or

(b)the allocation holder is a subsidiary company of the resource operations licence holder.

(10)Also, if an allocation being amalgamated or subdivided is subject to a registered mortgage, the registrar must not act under subsection (7) unless the mortgagee has consented to the amalgamation or subdivision.

(11)The amalgamation or subdivision has effect the day the registrar records the change in the register.

s 128A ins 2001 No. 75 s 30

amd 2003 No. 25 s 57; 2005 No. 19 s 51; 2008 No. 34 s 677; 2011 No. 40 s 46

128BTransfers or leases of water allocations

(1)A water allocation holder who proposes to transfer or lease a water allocation not managed under a resource operations licence must give the chief executive notice of the proposed transfer or lease.

(2)The notice must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The chief executive may require the water allocation holder to give the chief executive additional information about the proposed transfer or lease.

(4)The chief executive must give the water allocation holder a certificate about the proposed transfer or lease, within 10 business days after—

(a)receiving the notice; or

(b)if the chief executive has required further information under subsection (3)—receiving the additional information.

(5)The certificate—

(a)must be in the approved form; and

(b)remains valid—

(i)until the date stated in the certificate; or

(ii)if the certificate does not state a date—for 40 business days.

s 128B ins 2005 No. 19 s 52

amd 2008 No. 34 s 678

129Changing water allocations permitted under water allocation change rules

(1) Subsection (2) applies to a change to a water allocation if the change is permitted under the water allocation change rules of a resource operations plan.

(2)The allocation holder may apply to the chief executive to change the allocation in accordance with the rules.

(3)The application—

(a)must be in the approved form; and

(b)may relate to 1 or more of the elements of the allocation mentioned in section 128; and

(c)must be accompanied by the fee prescribed under a regulation.

(4)If the change to which the application relates is permitted under the resource operations plan, the chief executive must give the applicant a certificate stating that the proposed change is allowed under the plan.

(5)The certificate—

(a)must be in the approved form; and

(b)remains valid—

(i)until the date stated in the certificate; or

(ii)if the certificate does not state a date—for 40 business days.

(6)If the water allocation holder lodges the certificate with the registrar, the registrar must record on the water allocations register details of the change.

(7)However, if the allocation is managed under a resource operations licence, the registrar must not act under subsection (6) until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the allocation holder and the resource operations licence holder.

(8) Subsection (7) does not apply if—

(a)the resource operations licence holder and the allocation holder are the same person; or

(b)the allocation holder is a subsidiary company of the resource operations licence holder.

(9)The change has effect the day the registrar records the change in the register.

s 129 sub 2001 No. 75 s 31

amd 2003 No. 25 s 58; 2007 No. 57 s 66; 2011 No. 40 s 47

129AChanging water allocations assessed under water allocation change rules

(1) Subsection (2) applies to a change to a water allocation if the change is assessed under the water allocation change rules of a resource operations plan.

(2)The allocation holder may apply to the chief executive to change the allocation in accordance with the rules.

(3)The application—

(a)must be in the approved form; and

(b)may relate to 1 or more of the elements of the allocation mentioned in section 128; and

(c)must be supported by sufficient information to enable the chief executive to decide the application; and

(d)must be accompanied by the fee prescribed under a regulation.

s 129A ins 2007 No. 57 s 67

130Other changes to water allocations

(1) Subsection (2) applies to a change to a water allocation if the change is not mentioned in a resource operations plan.

(2)The allocation holder may apply to the chief executive to change the allocation.

(3)The application—

(a)must be in the approved form; and

(b)may relate to 1 or more of the elements of the allocation mentioned in section 128; and

(c)must be supported by sufficient information to enable the chief executive to decide the application; and

(d)must be accompanied by the fee prescribed under a regulation.

s 130 sub 2001 No. 75 s 31

131Additional information may be required

(1)For an application made under section 129A or 130, the chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or

(c)any submitter to give additional information about the submission.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 131 amd 2001 No. 75 s 32; 2007 No. 57 s 68

132Public notice of application to change water allocation

(1) Subsection (2) applies when the chief executive is satisfied an application under section 130 has been properly made and the applicant has given the chief executive any additional information requested about the application.

(2)The chief executive must give the applicant a notice requiring the applicant to publish stated information in a stated period and in a stated way.

(3)The stated information must include at least the following—

(a)where copies of the application may be inspected and, on payment of a fee, purchased;

(b)that written submissions may be made by any entity about the application;

(c)a day (the closing day) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(4)The closing day must not be earlier than 30 business days after the day the stated information is published.

(5)If the stated information has been published as required under subsection (2), the applicant must, within 10 business days after the publication of the information, give the chief executive evidence of the publication.

(6)If the applicant fails to comply with subsection (2) or (5), the application lapses.

(7)If the stated information has been published as required under subsection (2)—

(a)the chief executive may send a copy of the stated information to any other entity the chief executive considers appropriate; and

(b)the chief executive may decide the application after the closing day.

s 132 sub 2011 No. 40 s 48

amd 2001 No. 75 s 33; 2013 No. 23 s 250

133Applicant to pay cost of researching and investigating application

(1) Subsection (2) applies—

(a)to each application made under section 129A or 130; and

(b)if the chief executive is satisfied that there will be considerable expense in researching and investigating the application.

(2)The chief executive must estimate the likely cost of researching and investigating the application and give the applicant notice of the cost.

(3)If the applicant wishes to proceed with the application, the applicant must pay the estimated cost to the chief executive.

(4)If the actual cost of researching and investigating the application is less than the estimated cost, the chief executive must refund to the applicant the difference between the cost paid and the actual cost.

s 133 amd 2007 No. 57 s 69

134Deciding application to change water allocation

(1A) Subsection (2) applies if the chief executive is satisfied a change to a water allocation to which section 129A applies is in accordance with the water allocation change rules of a resource operations plan.

(1)Also, subsection (2) applies if the chief executive is satisfied a change to a water allocation to which section 130 applies—

(a)is compatible with the objectives of the water resource plan for the area to which the water allocation relates; and

(b)is in the public interest; and

(c)will not significantly affect water entitlement holders, resource operations licence holders or natural ecosystems in an adverse way.

(2)The chief executive must approve the application, with or without conditions.

(3)If the chief executive is not satisfied under subsection (1A) or (1), the chief executive must refuse the application.

(4)Within 10 business days after deciding the application, the chief executive must—

(a)give the applicant, the transferee and any person who gave a properly made submission an information notice; and

(b)if the chief executive approves the application without conditions—give the applicant a certificate stating that the change has been approved.

(4A)If the chief executive approves the application with a condition requiring the applicant to take some action, the chief executive must give the applicant a certificate stating that the change has been approved within 10 business days after the action is taken.

(5)A certificate under subsection (4) (b) or (4A)—

(a)must be in the approved form; and

(b)remains valid—

(i)until the date stated in the certificate; or

(ii)if the certificate does not state a date—for 40 business days.

s 134 amd 2001 No. 75 s 34; 2003 No. 25 s 59; 2005 No. 19 s 53; 2007 No. 57 s 70

135Registering approved application to change water allocation

(1)If the water allocation holder lodges the certificate with the registrar, the registrar must record on the water allocations register the details of the change.

(2)However, if the allocation is managed under a resource operations licence, the registrar must not act under subsection (1) until the registrar has received from the resource operations licence holder notice of the existence of a supply contract between the proposed allocation holder and the resource operations licence holder.

(3) Subsection (2) does not apply if—

(a)the resource operations licence holder and the allocation holder are the same person; or

(b)the allocation holder is a subsidiary company of the resource operations licence holder.

(4)The change has effect the day the registrar records the change in the register.

s 135 amd 2001 No. 75 s 35; 2003 No. 25 s 60; 2011 No. 40 s 49

138Water allocations may be forfeited

(1) Subsection (2) applies if a water allocation holder has been convicted of an offence against this Act.

(2)The chief executive may give the holder a show cause notice as to why the allocation should not be forfeited.

(3)If, after considering any properly made submission, the chief executive is still satisfied the allocation should be forfeited, the chief executive may forfeit the allocation.

(4)If the chief executive decides to forfeit the allocation, the chief executive must give the holder an information notice within 10 business days after the chief executive makes the decision.

(5)The forfeiture takes effect on the later of—

(a)if the holder does not appeal against the forfeiture—the day the period for appeals ends; or

(b)if the holder appeals against the forfeiture but withdraws the appeal—the day the appeal is withdrawn; or

(c)if the holder appeals against the forfeiture and the appeal is dismissed—the day the appeal is decided.

(6)If the allocation is forfeited, the chief executive must sell the allocation by public auction, public ballot or public tender.

(7)Any money received by the chief executive on the sale of the forfeited allocation must be applied as follows—

(a)firstly—in paying the costs of the sale and any other costs incurred in proceedings under this section;

(b)secondly—in discharging any liability of the former allocation holder under this Act to the chief executive under this Act;

(ba)thirdly—in discharging the liability, if any, of the former allocation holder for any outstanding debt due to the distribution operations licence holder under distribution arrangements;

(c)fourthly—in discharging the liability, if any, of the former allocation holder for any outstanding debt due to the resource operations licence holder under a supply contract;

(d)fifthly—in discharging, in accordance with the priorities of their registered interests, any liabilities of the former allocation holder owing to a person who has a registered interest recorded over the forfeited allocation on the water allocations register;

(e)sixthly—in payment to the former allocation holder.

(8)If the former allocation holder can not be found after making reasonable inquiries as to the holder’s whereabouts, an amount payable to the holder must be dealt with as unclaimed money under the Public Trustee Act 1978 .

(9)The purchaser of an allocation under this section takes the allocation free of all interests.

(10) Section 122A (4) and (5) applies to the purchaser of an allocation under this section as if the allocation were granted on the day the allocation was sold.

s 138 amd 2001 No. 75 s 37; 2005 No. 19 s 54

139Dealing with water allocations granted or dealt with through fraud

(1) Subsection (2) applies if a water allocation was granted, or dealt with or recorded on the water allocations register, in consequence of a false or misleading representation or declaration, made either orally or in writing.

(2)The Supreme Court may make the order it considers just to deal with the allocation.

140Priority for applying proceeds of sale of water allocations under a power of sale

(1)In addition to any other person who may exercise a power of sale in relation to a water allocation, the following persons may exercise a power of sale in relation to a water allocation—

(a)the chief executive under section 138 (6);

(b)if a supply contract gives a resource operations licence holder a power to sell the water allocation—the holder;

(c)if distribution arrangements give a distribution operations licence holder a power to sell the water allocation—the holder.

(2)The holder of a resource operations licence may exercise a power of sale only in accordance with the supply contract.

(2A)The holder of a distribution operations licence may exercise a power of sale only in accordance with the distribution arrangements.

(3) Subsection (1) applies despite any registered interest in the allocation.

(4)Before exercising the power of sale, a person proposing to exercise the power must give any person who has a registered interest in the allocation, not less than 10 business days notice of the proposed exercise of the power.

(5)An amount received on the sale of the allocation must be applied in the way mentioned in section 138 (7).

(6)The purchaser of an allocation under this section takes the allocation free of all interests.

s 140 amd 2005 No. 19 s 55

sdiv hdg ins 2003 No. 25 s 61

141Application of sdiv 1

This subdivision applies to a water allocation—

(a)if a water resource plan or a resource operations plan approved for an area allows seasonal water assignments; and

(b)if the water to which the allocation applies is not water managed under a resource operations licence.

s 141 amd 2003 No. 25 s 62

142Applying for a seasonal water assignment

(1)A water allocation holder or the holder of a seasonal water assignment notice may apply for a seasonal water assignment for the water year in which the application is made.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)include the following details of the proposed assignee—

(i)name and address;

(ii)if the proposed assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment—details of the water allocation; and

(c)supported by sufficient information, including the written consent of the proposed assignee, to enable the chief executive to decide the application; and

(d)accompanied by the fee prescribed under a regulation.

s 142 sub 2005 No. 19 s 56

143Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 143 amd 2001 No. 75 s 38

144Deciding application for seasonal water assignment

(1)If the application is in accordance with the seasonal water assignment rules, the chief executive must approve the application, with or without conditions.

(2)If the application is not in accordance with the rules, the chief executive must refuse the application.

(3)As soon as practicable after deciding the application, the chief executive must give the applicant an information notice.

(4)If the chief executive grants the application, with or without conditions, the chief executive must, as soon as practicable after approving the application, give the proposed assignee a seasonal water assignment notice for the water year in the approved form.

(5)To the extent that the application is approved, the applicant is not authorised to take water under the water allocation.

(5A)If the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment, a notice given under subsection (4) has the effect of increasing the volume of water authorised to be taken under the allocation by the volume stated in the notice.

(6)The assignment has effect from the day the information notice is given to the applicant.

(7) Section 150 (6) does not apply to an assignment mentioned in subsection (6).

s 144 amd 2005 No. 19 s 57; 2011 No. 40 s 50

145Conditions of seasonal water assignment

The seasonal water assignment notice is subject to the conditions—

(a)to which the water allocation is subject; and

(b)prescribed under a regulation; and

(c)the chief executive may impose for a particular notice.

s 145 amd 2005 No. 19 s 58

146Application of s 243

Section 243 applies to a seasonal water assignment notice as if a reference in the section to a water permit were a reference to a seasonal water assignment notice and a reference to the permittee were a reference to the holder of a seasonal water assignment notice.

s 146 amd 2003 No. 25 s 63

sub 2005 No. 19 s 59

sdiv hdg ins 2003 No. 25 s 64

146AApplication of sdiv 2

This subdivision applies to a water allocation if—

(a)a water resource plan or a resource operations plan approved for an area allows seasonal water assignments; and

(b)the water to which the allocation applies is water managed under a resource operations licence.

s 146A ins 2003 No. 25 s 64

146BArrangements for seasonal water assignments

(1)The holder of a water allocation to which this subdivision applies may enter into an arrangement for a seasonal water assignment in relation to the water allocation.

(2)The holder may enter the arrangement only if—

(a)the proposed assignment is allowed under the seasonal water assignment rules stated in the resource operations plan; and

(b)the holder of the resource operations licence consents to the arrangement; and

(c)if the water to which the allocation relates is distributed to the allocation holder by a distributions operations licence holder—the holder of the distributions operations licence consents to the arrangement.

(3) Subsection (2) (b) and (c) do not apply to the extent the seasonal water assignment rules do not require the consent.

s 146B ins 2003 No. 25 s 64

sub 2005 No. 19 s 60

147Registrar

(1)There is to be a registrar of water allocations.

(2)The registrar has a seal of office.

(3)The registrar is to be employed under the Public Service Act 2008 .

(4)In acting under this Act or another Act, the registrar is subject to the chief executive.

s 147 amd 2009 No. 25 s 83 sch

148Water allocations register

(1)For registering water allocations and interests and dealings with water allocations the registrar must keep a water allocations register.

(2)A regulation may prescribe—

(a)the locations of offices of the registry where documents may be lodged for registration; and

(b)the particular documents that may, or may not, be lodged at a particular office of the registry for registration or recording on the register; and

(c)how documents may be lodged; and

(d)fees to be paid in relation to—

(i)the lodgement and registration of documents in the registry; and

(ii)the provision of other services by the registrar; and

(e)how fees are to be paid and may be recovered, including the provision of credit facilities to persons approved by the registrar; and

(f)additional information to be supplied with a document; and

(g)transitional arrangements if a new document is approved; and

(h)how documents may be signed; and

(i)anything else about a document.

(3)A person has notice of an interest in a water allocation if the interest is included in the register.

s 148 amd 2003 No. 25 s 65

149Form of register

(1)The register may be kept in the form the registrar considers appropriate.

(2)Without limiting subsection (1), the registrar may change the form in which a register or a part of a register is kept.

150Interests and dealings that may be registered

(1)Subject to subsection (2), an interest or dealing that may be registered for land under the Land Title Act 1994 , may be registered for a water allocation on the water allocations register.

(2)An interest or dealing, the provisions for which are excluded under section 151 (1) (e), may not be registered under this Act.

(3)If a water allocation is managed under a resource operations licence, the registrar must not record a transfer or lease of the allocation until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the transferee or lessee of the allocation and the resource operations licence holder.

(4) Subsection (3) does not apply if—

(a)the resource operations licence holder and the transferee or lessee of the allocation are the same person; or

(b)the transferee or lessee of the allocation is a subsidiary company of the resource operations licence holder.

(5)The registrar must not record the transfer or lease of a water allocation not managed under a resource operations licence until the registrar receives a certificate under section 128B (4) about the transfer or lease.

(6)An instrument that purports to give effect to a dealing of the type mentioned in subsection (1) does not transfer or create an interest at law until it is registered on the register.

s 150 amd 2001 No. 75 s 39; 2003 No. 25 s 66

sub 2005 No. 19 s 61

amd 2008 No. 34 s 679; 2011 No. 40 s 51

150AEffect on priority of notices given under s 101 (1) (b)

(1)If the chief executive is given a notice about a water allocation under section 101 (1) (b), the notice causes to be continued, in the water allocation, an interest equivalent to the interest had by the interest holder in the former water entitlement or other authority to take water until whichever of the following first happens—

(a)60 business days expire after details of the water allocation are recorded on the water allocations register under section 121 (1) (b);

(b)the interest mentioned in the notice is recorded on the register.

(2) Subsection (1) applies despite the expiry under section 121 (1) (a) of the former water entitlement or other authority to take water.

(3)However if, before an event mentioned in subsection (1) (a) or (b) happens, the interest holder lodges a caveat claiming an interest in the water allocation, the equivalent interest continues until—

(a)the interest claimed in the caveat is recorded on the water allocations register; or

(b)the caveat earlier lapses or is otherwise cancelled, removed or withdrawn.

(4)The registrar must not record any other dealing for the water allocation, other than a notice mentioned in section 150B (1), until subsections (1) and (3) cease to have effect in relation to the interest.

(5)If more than 1 notice is given under section 101 (1) (b), the interests must be recorded in accordance with the priority the interests have on the land registry, as at the day the allocation is recorded, for the land to which the former water entitlement was attached.

(6)However—

(a)for an interest that is not an interest that was recorded under the land registry but is recorded in another register, the interest must be registered in priority according to the time the interest was recorded in the other register; or

(b)for an interest not recorded in another register, the interest must be registered in the priority in which the interest was lodged for registration.

s 150A ins 2005 No. 19 s 61

150BEffect on priority of notices given under s 101 (1) (c)

(1)If the chief executive is given a notice about a water allocation under section 101 (1) (c), the registrar must record the notice, for the water allocation—

(a)within 60 business days after details of the water allocation are recorded on the water allocations register under section 121 (1) (b); and

(b)with the priority the interest mentioned in the notice had on the land registry for the land to which the interest relates as at the day the allocation is recorded.

(2)A notice recorded under subsection (1)—

(a)has the effect of encumbering the water allocation for which the notice is recorded with the interest mentioned in the notice; and

(b)for the application of section 151, is taken to be a mortgage for the water allocation for the Land Title Act 1994 , part 6, division 3.

(3)No fee under this Act or duty under the Duties Act 2001 is payable for the recording of a notice under subsection (1).

s 150B ins 2005 No. 19 s 61

151Application of Land Title Act 1994 to water allocations register

(1)The Land Title Act 1994 , other than the following provisions, applies to matters under this part—

(a)part 2, sections 16, 18 (1) (a), 18 (3), 18A;

(b)part 3, section 27 and divisions 2, 2A and 3;

(c)part 4;

(d)part 5, sections 55 and 58;

(e)part 6, sections 60 (2), 64 to the extent it permits the lease of part of a lot, and 65(2) and divisions 4, 4A, 4B and 5;

(f)part 7, section 122 (3) and sections 132 to 135;

(g)part 8, sections 154 and 165;

(h)part 9, division 2, section 181 and subdivisions B and C;

(i)part 11, section 193;

(j)part 12.

(3)An interest or dealing mentioned in section 150 may be registered in the way mentioned in the Land Title Act 1994 and the registrar of water allocations may exercise a power and perform an obligation of the registrar of titles under the Land Title Act 1994 —

(a)as if a reference to the registrar of titles were a reference to the registrar appointed under this division; and

(b)as if a reference to the freehold land register were a reference to the water allocations register; and

(c)as if a reference to freehold land or land were a reference to a water allocation; and

(d)as if a reference to a lot were a reference to a water allocation; and

(e)as if a reference to an indefeasible title were a reference to a title; and

(f)with any other necessary changes.

(4)An instrument executed under the authority of a power of attorney may be registered under this Act only if the power of attorney is registered under the Land Title Act 1994 , section 133.

(5)In this section—

Land Title Act 1994 does not include the Land Title Regulation 2005 .

s 151 amd 2001 No. 71 s 551 sch 1; 2003 No. 25 s 67; 2013 No. 23 s 352 sch 1 pt 2 amdt 3

152Application of other Acts to the water allocations register

(1)If a provision of the Property Law Act 1974 refers to the Land Title Act 1994 , or land, the reference is, if the context permits, taken to be a reference to the Land Title Act 1994 , as applied by this Act, or a water allocation.

(2)The following sections of the Land Valuation Act 2010 apply as if a reference to land or a parcel of land includes a reference to a water allocation—

(a) section 208 (6), definition microfiche data;

(b) section 245.

s 152 amd 2003 No. 25 s 68; 2010 No. 39 s 325 sch 1 pt 2

153Searching water allocations register

A person may, on payment of the fee prescribed under a regulation—

(a)search and obtain a copy of—

(i)a water allocation; or

(ii)an instrument registered in relation to an allocation; or

(iii)an instrument that has been lodged but is not registered (whether or not it has been cancelled); or

(iv)information kept on the register about the allocation; and

(b)obtain a copy of the allocation, or a registered instrument, certified by the registrar to be an accurate copy.

s 153 amd 2011 No. 40 s 52

154Displacement provision for Corporations legislation

This division is declared to be a Corporations legislation displacement provision for the Corporations Act, section 5G, in relation to the Corporations Act, chapter 2K.

s 154 sub 2003 No. 25 s 69

pt hdg ins 2003 No. 25 s 71

div hdg ins 2003 No. 25 s 71

167Purpose of pt 5

The purpose of this part is to provide for the functions and powers of the chief executive for water managed through—

(a)existing water infrastructure other than existing water infrastructure to which a resource operations plan applies; or

(b)proposed water infrastructure.

s 167 amd 2011 No. 40 s 53

div hdg ins 2003 No. 25 s 71

sdiv hdg ins 2003 No. 25 s 71

167AAuthority to interfere with water

(1)An interim resource operations licence authorises the holder of the licence to interfere with the flow of water to the extent necessary to operate the water infrastructure to which the licence applies.

(2)An interim resource operations licence may be held only by—

(a)the owner of the water infrastructure to which the licence applies; or

(b)if the owner of the water infrastructure to which the licence applies is a subsidiary company—the parent company of the subsidiary.

s 167A ins 2003 No. 25 s 71

amd 2005 No. 19 s 62

sdiv hdg (prev sdiv 1 hdg) renum 2003 No. 25 s 70

168Who must apply for an interim resource operations licence

(1)A regulation may nominate the owner of water infrastructure in relation to the operation of the infrastructure or the management of water stated in the regulation.

(2)A person nominated under the regulation must, within 60 business days after the regulation is made, apply for an interim resource operations licence to continue to operate the water infrastructure or manage the water.

Maximum penalty—1665 penalty units.

s 168 amd 2005 No. 19 s 63

169Applying for interim resource operations licence

An application made under section 168 must be—

(a)made to the chief executive in the approved form; and

(b)supported by details of—

(i)all water stored or released by the applicant and all water taken by customers of the applicant under authorisations under this Act or the repealed Act, including the names and addresses of the customers and details of any existing contracts for the supply of the water; and

(ii)the applicant’s proposed operating arrangements for any water infrastructure; and

(iii)the applicant’s proposal about the total interim water allocation that should be granted for management under the proposed interim resource operations licence; and

(iv)the applicant’s proposal about the apportionment of the total interim water allocations between the applicant and the persons mentioned in subparagraph (i); and

(v)the applicant’s proposal about proposed supply arrangements for the entities mentioned in subparagraph (i); and

(vi)any other information that will enable the chief executive to decide the application; and

(c)accompanied by the fee prescribed under a regulation.

s 169 amd 2001 No. 75 s 40; 2005 No. 19 s 64

170Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 170 amd 2005 No. 19 s 65

171Notice of application for interim resource operations licence

(1)The chief executive must give each entity whose details are given to the chief executive under section 169 (b) (i) a notice about the making of the application.

(2)The notice must—

(a)be given—

(i)if the chief executive does not require further information about the application—within 30 business days after the application is made; or

(ii)if the chief executive requires further information about the application—within 30 business days after the additional information is received; and

(b)give details of the applicant’s proposals mentioned in section 169 (b); and

(c)state where copies of the proposals may be inspected and, on payment of a fee, purchased; and

(d)state that written submissions may be made by any entity who is given a copy of the notice about the applicant’s proposals; and

(e)state a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(3)The day stated under subsection (2) (e) must not be earlier than 30 business days after the day the notice is given.

(4)The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate.

172Conference may be called about application

(1)The chief executive may invite the applicant and all or any of the entities, whose details are given to the chief executive under section 169 (b) (i), to a conference to help in deciding the application.

(2)The chief executive must give notice to all entities invited to attend the conference of when and where the conference is to be held.

(3)However, if the chief executive is satisfied it is impracticable to give notice to all entities invited to attend the conference, the chief executive may publish a notice about the conference.

173Chief executive must make proposed decision

(1)After the last day for both the making of submissions on the applicant’s proposals and any conferences under section 172 (1) have been held, the chief executive must make a proposed decision about—

(a)the proposed contents and conditions about an interim resource operations licence; and

(b)the proposed granting of interim water allocations managed under the interim resource operations licence.

(2)In making the proposed decision, the chief executive must consider the following—

(a)the application and additional information given about the application;

(b)the authorisations under the repealed Act of the entities, whose details are given to the chief executive under section 169 (b) (i);

(c)all properly made submissions made about the applicant’s proposals;

(d)the views expressed at a conference held in relation to the proposals;

(e)the public interest.

174Notice of proposed decision

(1)The chief executive must give the applicant and each entity, whose details are given to the chief executive under section 169 (b) (i), a notice about the making of the proposed decision.

(2)The notice must—

(a)give details of the chief executive’s proposed decision about—

(i)the proposed contents and conditions about an interim resource operations licence; and

(ii)the proposed granting of interim water allocations managed under the interim resource operations licence; and

(b)state where copies of the proposed decision may be inspected and, on payment of a fee, purchased; and

(c)state that written submissions may be made by any entity who is given a copy of the notice about the applicant’s proposals; and

(d)state a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(3)The day stated under subsection (2) (d) must not be earlier than 30 business days after the day the notice is given.

(4)The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate.

175Deciding application for interim resource operations licence

(1)In making the final decision on the application, the chief executive must consider all properly made submissions made about the proposed decision.

(2)The chief executive must grant the application, with or without conditions.

(3)Within 30 business days after deciding the application, the chief executive must give—

(a)the applicant and each entity, whose details are given to the chief executive under section 169 (b) (i), an information notice; and

(b)the applicant an interim resource operations licence.

(4)The licence takes effect from the day the applicant is given the information notice.

176Granting interim resource operations licences

(1) Subsection (2) applies if a water resource plan or a resource operations plan states a process for the granting of an interim resource operations licence to meet future water requirements.

(2)The chief executive must follow the process and grant the licence in accordance with the process.

(3)Within 30 business days after the chief executive grants the licence, the chief executive must give the licence holder the licence and an information notice about the granting of the licence.

(4)The licence has effect from the day the information notice is given to the applicant.

177Content of interim resource operations licences

Without limiting what may be included in an interim resource operations licence, the licence must state the following—

(a)details of the licence holder;

(b)any water infrastructure to which the licence applies;

(c)the operating arrangements for the water infrastructure;

(d)details of water to be managed under the licence;

(e)details of the water sharing rules;

(f)requirements for monitoring and reporting on water managed and water infrastructure operations.

178Conditions of interim resource operations licence

(1)Without limiting section 175 (2), a condition of an interim resource operations licence may—

(a)require the licence holder to do all or any of the following—

(i)install a meter to measure the taking of or interfering with water through the water infrastructure to which the licence applies;

(ii)give relevant information reasonably required by the chief executive for the administration or enforcement of this Act;

(iii)pay the fees prescribed under a regulation; and

(b)prohibit the holder from changing, replacing or operating water infrastructure if the change, replacement or operation would significantly affect any of the following—

(i)the availability of water for existing water entitlement holders;

(ii)the water requirements of natural ecosystems;

(iii)the water requirements of beneficial flooding;

(iv)water quality.

(2)Also, it is a condition of an interim resource operations licence that the licence holder must comply with section 360ZA.

s 178 amd 2005 No. 19 s 66; 2006 No. 23 s 8

179Applying to amend an interim resource operations licence

(1)An interim resource operations licence holder may apply to amend an interim resource operations licence.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by a fee prescribed under a regulation.

180Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or

(c)any submitter to give additional information about the submission.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 180 amd 2001 No. 75 s 41

181Public notice of application to amend interim resource operations licence

(1) Subsection (2) applies when the chief executive is satisfied the application to amend the interim resource operations licence has been properly made and the applicant has given the chief executive any additional information requested about the application.

(2)The chief executive must give the applicant a notice requiring the applicant to publish stated information in a stated period and in a stated way.

(3)The stated information must include at least the following—

(a)a summary of the proposed amendments to the licence;

(b)where copies of the application are available for inspection and purchase;

(c)that written submissions may be made by any entity about the application;

(d)a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(4)The day stated under subsection (3) (d) must not be earlier than 30 business days after the day the stated information is published.

(5)Within 10 business days after the stated information is published, the applicant must give the chief executive evidence of the publication.

(6)If the stated information has been published within the time and in the newspaper or newspapers stated by the chief executive—

(a)the chief executive may send a copy of the stated information to any other entity the chief executive considers appropriate; and

(b)the chief executive may decide the application after the day mentioned in subsection (3) (d).

s 181 amd 2013 No. 23 s 251

182Matters chief executive must consider when deciding applications

For deciding the application, the chief executive must consider the following—

(a)the application and additional information given about the application;

(b)all properly made submissions about the application;

(c)all additional information given about a submission;

(d)existing water entitlements and authorisations to take or interfere with water;

(e)any information about the effects on natural ecosystems;

(f)any information about the effects on the physical integrity of watercourses, lakes, springs or aquifers;

(g)policies developed in consultation with local communities for the sustainable management of local water;

(h)whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law;

(i)the public interest.

183Deciding application to amend an interim resource operations licence

(1)If the chief executive is satisfied the application should be approved, the chief executive must approve the application, with or without conditions.

(2)If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant and any person who gave a properly made submission about the application an information notice.

(4)If the chief executive approves the application, with or without conditions, the chief executive must, within 30 business days after approving the application, give the applicant an amended interim resource operations licence in the approved form.

(5)The amended licence takes effect from the day the applicant is given the information notice.

184Amending interim resource operations licences on notice

(1)The chief executive may amend an interim resource operations licence if the chief executive is satisfied the licence should be amended.

(2) Subsection (3) applies if the amendment does not—

(a)increase the volume, rate or times when water may be taken under the licence; or

(b)increase the interference with the flow of the water; or

(c)change the location from which water may be taken, or interfered with, under the licence; or

(d)cause a significant adverse effect on—

(i)the availability of water for the requirements of natural ecosystems; or

(ii)the quality of water; or

(iii)availability of water for existing water entitlement holders; or

(iv)beneficial flooding.

(3)Before the chief executive acts under subsection (1), the chief executive must give the licence holder a show cause notice about the proposed amendment.

(3A)If the proposed amendment would have 1 or more of the effects mentioned in subsection (2), the chief executive—

(a)must give the licence holder notice of the proposed amendment; and

(b)must publish notice of the proposed amendment in the area to which the licence relates; and

(c)may give a copy of the notice to any other entity the chief executive considers appropriate.

(3B)A notice under subsection (3A) must include at least the following—

(a)a summary of the proposed amendment to the licence;

(b)where copies of the proposed amendment are available;

(c)that written submissions may be made by any entity about the proposed amendment;

(d)the day by which submissions must be made and the person to whom, and the place where, the submissions must be made.

(3C)The day stated under subsection (3B) (d) must not be earlier than 30 business days after the day the notice is published.

(4)In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment.

(5)If the chief executive is satisfied the proposed amendment should be made, the chief executive must give—

(a)the licence holder an amended licence in the approved form; and

(b)the licence holder and any person who made a properly made submission an information notice about the decision to amend the licence.

(6)If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder and any person who made a properly made submission notice that the licence will not be amended.

(7)The amended licence takes effect from the day the information notice is given to the holder.

s 184 amd 2005 No. 19 s 67; 2008 No. 34 s 680; 2013 No. 23 s 352 sch 1 pt 1

184AAmending an interim resource operations licence to meet future water requirements

(1) Subsection (2) applies if a water resource plan or a resource operations plan states a process for amending an interim resource operations licence to meet future water requirements.

(2)The chief executive must—

(a)follow the process and amend the licence in accordance with the process; and

(b)within 30 business days after the day the chief executive amends the licence, give the licence holder—

(i)an amended licence in the approved form; and

(ii)an information notice.

(3)The amended licence takes effect from the day the chief executive gives the licence holder the information notice.

s 184A ins 2001 No. 75 s 42

185Minor amendment of interim resource operations licence

(1)The chief executive may amend the licence without complying with the provisions of this division about amending a licence if the amendment is only to correct a minor error in the licence, or make another change that is not a change of substance.

(2)If the chief executive amends a licence under subsection (1), the chief executive must give the licence holder an amended licence in the approved form.

sdiv hdg ins 2005 No. 19 s 68

185AAmending interim resource operations licences

(1)The chief executive may amend the details of the water sharing rules in an interim resource operations licence, for a water year or part of a water year, if—

(a)either—

(i)the licence allows amendment; and

(ii)the licence holder requests an amendment in accordance with the licence; or

(b)the chief executive is satisfied the rules need to be amended because of seasonal conditions.

(2)If the chief executive amends the rules—

(a)the licence is taken to be amended, for the water year or part of the water year, to the extent of the amendment to the rules; and

(b)the chief executive must give the licence holder notice of the amendment of the licence; and

(c)the amendment of the licence takes effect from the day stated in the notice.

(3)As soon as practicable after receiving the notice, the licence holder must give notice of the amendment to the holders of interim water allocations managed under the licence.

(4)A notice given under subsection (2) or (3) must state—

(a)details of the amendment; and

(b)the reasons for the amendment; and

(c)the water year or part of the water year to which the amendment applies; and

(d)the day the amendment takes effect.

s 185A ins 2005 No. 19 s 68

amd 2008 No. 34 s 681

186Transferring or cancelling interim resource operations licence

An interim resource operations licence may be transferred or cancelled under part 4, division 3, as if it were an application for the transfer or cancellation of a resource operations licence.

Note—

For appointment of administrator following cancellation of licence, see section 955.

sdiv 7 (ss 186A–186B) ins 2005 No. 19 s 69

186APreparing regular audit reports

The chief executive may prepare an audit report—

(a)about an interim resource operation licence holder’s compliance with the licence; and

(b)to verify the accuracy of monitoring and reporting information given to the chief executive by the holder.

sdiv 7 (ss 186A–186B) ins 2005 No. 19 s 69

186BAccess for conducting audit reports

An interim resource operations licence holder must give any person authorised by the chief executive to participate in conducting an audit under this subdivision free and uninterrupted access to the holder’s infrastructure and any records relating to the infrastructure for conducting the audit.

Maximum penalty—200 penalty units.

sdiv 7 (ss 186A–186B) ins 2005 No. 19 s 69

187Granting interim water allocations

(1)When the chief executive grants an interim resource operations licence under division 2, subdivision 1A, the chief executive must grant interim water allocations in accordance with the chief executive’s decision under section 175 (2).

(2)The interim water allocation replaces any authorisation mentioned in section 169 (b) (i) the entity had immediately before the interim water allocation was granted.

(3)The chief executive must, within 30 business days after the allocation is granted, give the grantee—

(a)an information notice; and

(b)an interim water allocation in the approved form.

(4)An interim water allocation takes effect from the day the information notice is given to the grantee.

s 187 amd 2001 No. 75 s 43; 2005 No. 19 s 70

188Existing supply arrangements taken to be supply contracts

(1)The supply arrangements contained in an application granted under section 175 are taken to be the supply contract for the supply of water to the person mentioned in the arrangements.

(2) Subsection (1) applies until the interim resource operations licence holder and interim water allocation holder enter into a different supply contract for supplying the holder with water.

189Granting interim water allocations

(1)When the chief executive grants an interim resource operations licence under division 2, subdivision 2, or amends an interim resource operations licence under section 184A, the chief executive must grant an interim water allocation in accordance with the process stated in the water resource plan or resource operations plan.

(2)The chief executive must, within 30 business days after the allocation is granted, give an interim water allocation holder an interim water allocation in the approved form and an information notice about the granting of the allocation.

(3)An interim water allocation takes effect from the day the information notice is given to the grantee.

s 189 amd 2001 No. 75 s 44; 2008 No. 34 s 682

sdiv hdg sub 2001 No. 75 s 45

190Contents of interim water allocation

An interim water allocation—

(a)must state the water to which the allocation relates; and

(b)must state the location from which the water may be taken or at which it may be interfered with; and

(c)may be amended, transferred, amalgamated, subdivided or surrendered; and

(d)attaches to the land of the holder unless the holder is—

(i)the State; or

(ii)the bulk water supply authority; or

(iii)a local government; or

(iv)a water authority; or

(v)a resource operations licence holder; or

(vi)an interim resource operations licence holder; or

(vii)an entity prescribed under a regulation.

s 190 (prev s 189A) ins 2001 No. 75 s 46

renum 2001 No. 75 s 50

amd 2008 No. 34 s 683; 2012 No. 39 s 102 sch pt 2

191Conditions of interim water allocation

(1)An interim water allocation is subject to the conditions—

(a)prescribed under a regulation; and

(b)the chief executive may impose for a particular interim water allocation.

(2)Without limiting subsection (1), the conditions may require the holder to do all or any of the following—

(a)commence taking or interfering with water authorised under the allocation within a stated time;

(b)install a measuring device to measure the volume of water, the rate and the time at which it is taken or interfered with;

(c)take the water authorised to be taken under the allocation;

(d)provide and maintain access to alternative water supplies for other persons, authorised under this Act to take water, who would be affected by the granting of the allocation;

(e)carry out and report on a stated monitoring program;

(f)give relevant information reasonably required by the chief executive for the administration or enforcement of this Act.

s 191 (prev s 189B) ins 2001 No. 75 s 46

renum 2001 No. 75 s 50

amd 2005 No. 19 s 71

sdiv hdg ins 2001 No. 75 s 46

192Dealing with an interim water allocation

(1)To the extent the procedure for dealing with an interim water allocation is not stated in this division, the allocation may be dealt with under part 6, division 2 as if the allocation were a water licence.

(2)However—

(a) section 208 does not apply to a dealing that is in accordance with the conditions of the interim resource operations licence, or resource operations licence, under which the interim water allocation is managed; and

(b) section 220 does not apply to an interim water allocation as an interim water allocation does not require renewal.

s 192 (prev s 190) sub 2001 No. 75 s 47

renum 2001 No. 75 s 50

amd 2008 No. 34 s 684

193Transferring particular interim water allocations

(1)Despite sections 192, 222 and 223, an interim resource operations licence holder or resource operations licence holder may apply to transfer all or part of an interim water allocation not attached to land to any of the following to whom the holder can supply water—

(a)any owner of land, if the water supplied is used on the land;

(c)a local government;

(d)a water authority;

(e)an entity prescribed under a regulation.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by evidence that enables the chief executive to transfer the allocation, including, for example the written consent of the transferee; and

(c)accompanied by the fee prescribed under a regulation.

s 193 (prev s 191) amd 2001 No. 75 s 3 sch 2

renum 2001 No. 75 s 50

amd 2003 No. 19 s 3 sch; 2008 No. 34 s 685

194Deciding application to transfer particular interim water allocation

(1)The chief executive must approve an application under section 193, with or without conditions.

(2)Within 30 business days after approving the application, the chief executive must—

(a)give the applicant and the transferee an information notice; and

(b)give the transferee an interim water allocation in the approved form.

(3)If the application was not to transfer all of an interim water allocation, the chief executive must give the applicant an amended interim water allocation for the part not transferred.

(4)An interim water allocation mentioned in section 193 (1) (a) attaches to the land of the transferee.

(5)An interim water allocation mentioned in subsection (2) or (3) has effect from the day the information notice is given to the applicant and the transferee.

s 194 (prev s 192) amd 2001 No. 75 s 48

renum 2001 No. 75 s 50

amd 2005 No. 19 s 72; 2008 No. 34 s 686

195Transferring interim water allocations to other land

(1)This section applies only if a regulation provides for all or part of the authority to take water in relation to land to be transferred so that the authority attaches to other land, whether in or outside Queensland.

(2)The allocation holder may apply to the chief executive to transfer all or part of the authority in accordance with the regulation.

s 195 (prev s 193) renum 2001 No. 75 s 50

196Forfeiting an interim water allocation

(1) Subsection (2) applies if—

(a)an interim water allocation holder has been convicted of an offence against this Act; or

(b)the chief executive is satisfied the holder has breached a condition of the interim water allocation.

(2)The chief executive may deal with the interim water allocation under section 138 (2) to (5) as if the interim water allocation were a water allocation.

(3)On the day the forfeiture takes effect, the chief executive may deal with the interim water allocation under—

(a)if the interim water allocation is managed under a resource operations licence—section 121A; or

(b)if the interim water allocation is managed under an interim resource operations licence—section 197A.

s 196 (prev s 194) renum 2001 No. 75 s 50

amd 2008 No. 34 s 687; 2013 No. 23 s 252

197Surrendering an interim water allocation

(1)The holder of an interim water allocation may surrender the allocation by giving the chief executive a notice of surrender.

(2)The surrender takes effect on the day the notice is received by the chief executive.

(3)If the notice is about an interim water allocation managed under an interim resource operations licence or resource operations licence, the chief executive must, as soon as practicable after receiving the notice, give the holder of the interim resource operations licence or resource operations licence a copy of the notice.

(4)On the day the surrender takes effect, the chief executive may deal with the interim water allocation under—

(a)if the interim water allocation is managed under a resource operations licence—section 121A; or

(b)if the interim water allocation is managed under an interim resource operations licence—section 197A.

s 197 (prev s 195) ins 2001 No. 75 s 49

renum 2001 No. 75 s 50

amd 2005 No. 19 s 73; 2008 No. 34 s 688; 2013 No. 23 s 253

197ADealing with forfeited or surrendered interim water allocation managed under interim resource operations licence

(1)This section applies to a forfeited or surrendered interim water allocation managed under an interim resource operations licence.

Note—

For a forfeited or surrendered interim water allocation managed under a resource operations licence see section 121A.

(2)The chief executive may, after consulting the holder of the interim resource operations licence in the way the chief executive considers appropriate—

(a)cancel the interim water allocation if the chief executive is satisfied the interim water allocation should be cancelled; or

(b)deal with the interim water allocation under section 138 (6) to (9) as if—

(i)the interim water allocation were a water allocation; and

(ii)for a surrendered interim water allocation—a reference in the section to a forfeited water allocation were a reference to a surrendered interim water allocation; and

(iii)a reference in the section to a resource operations licence were a reference to an interim resource operations licence; or

(c)transfer the interim water allocation under this section to one of the following (the proposed transferee)—

(i)the interim resource operations licence holder;

(ii)an entity prescribed under a regulation.

(3)However, the chief executive may only transfer the interim water allocation if—

(a)the chief executive gives notice to the proposed transferee about the transfer; and

(b)within 20 business days after receiving the notice the proposed transferee makes an application, in the approved form, to the chief executive to transfer the interim water allocation to the proposed transferee.

(4)If the chief executive cancels the interim water allocation, the chief executive must give notice of the cancellation to the interim resource operations licence holder.

(5)If subsection (3) has been complied with, the chief executive may transfer the interim water allocation by giving the proposed transferee an interim water allocation on conditions that have the same effect as the conditions on the interim water allocation immediately before it was forfeited or surrendered.

s 197A ins 2013 No. 23 s 254

198Effect of disposal of part of land to which interim water allocation attaches

(1)This section applies if—

(a)an interim water allocation is attached to land; and

(b)the registered owner of the land disposes of part of the land.

(2)On the day the owner disposes of the part, the interim water allocation is taken to be held jointly by all owners of the land to which the interim water allocation attaches.

(3)However, 1 or more of the owners of the land to which the interim water allocation attaches may, with the consent of the other owners, apply for 1 or more interim water allocations to replace the jointly held interim water allocation—

(a)within 60 business days after the disposal of the part; or

(b)if, in a particular case, the chief executive extends the period for making the application—within the extended period.

(4)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(5)The chief executive must grant the application if—

(a)the application relates only to land to which the jointly held interim water allocation relates; and

(b)granting the application would not increase the volume of water that may be taken.

(6)If an application is not made under subsection (3), the chief executive may give notice to the joint holders of the interim water allocation about replacing the allocation.

(7)The notice must state—

(a)that a written submission may be made about the details of replacing the allocation; and

(b)a day by which the submission must be made, and the person to whom, and the place where, the submission must be made.

(8)The day stated under subsection (7) (b) must not be earlier than 30 business days after the day the notice is given.

(9)The chief executive must consider any submissions made before issuing 1 or more replacement interim water allocations.

(10)Within 30 business days after issuing the replacement interim water allocations, the chief executive must give the holders of the jointly held interim water allocation an information notice.

(11)A replacement interim water allocation has effect from—

(a)for an application granted under subsection (5)—the day the application is granted; and

(b)for a replacement interim water allocation issued under subsection (9)—the day the information notice is given.

s 198 (prev s 196) ins 2001 No. 75 s 49

renum 2001 No. 75 s 50

sub 2005 No. 19 s 74

amd 2011 No. 40 s 54

198AEffect of acquisition of land to which interim water allocation attaches

(1)This section applies to an interim water allocation if part of the land to which the allocation attaches—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If the acquisition or disposal includes an acquisition of the allocation, section 222 applies for transferring the allocation to the entity that acquired the land as if the allocation were a water licence.

(3)If the acquisition or disposal does not include an acquisition of the allocation, sections 199 to 199B apply.

s 198A ins 2005 No. 19 s 74

amd 2011 No. 40 s 55

199Effect of acquisition of part of land adjoining a watercourse, lake or spring

(1)This section applies to an interim water allocation if part of the land, adjoining a watercourse, lake or spring, to which the allocation attaches—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If the remaining part of the land continues to adjoin the watercourse, lake or spring from which water may be taken under the interim water allocation—

(a) section 198 does not apply to the interim water allocation; and

(b)the interim water allocation may be amended under section 192 so it attaches to the remaining part of the land.

(3) Subsection (4) applies if—

(a)the remaining part of the land no longer adjoins the watercourse, lake or spring; and

(b)the holder of the allocation does not, within 60 business days after the acquisition or disposal, satisfy the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

(4)The allocation is taken to be surrendered, and the chief executive may deal with the allocation under section 197 (4).

(5)However, subsection (2) (a) and (b) apply if, within 60 business days after the acquisition or disposal, the holder satisfies the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

s 199 (prev s 197) ins 2001 No. 75 s 49

renum 2001 No. 75 s 50

amd 2005 No. 19 s 75; 2011 No. 40 s 56; 2013 No. 23 s 352 sch 1 pt 1

199AEffect of acquisition of part of land above an aquifer

(1)This section applies to an interim water allocation to take water from an aquifer under the land to which the allocation attaches, if part of the land—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If the remaining part of the land is above the aquifer from which water may be taken under the allocation, and the conditions of the allocation allow water to be taken from the remaining part—

(a) section 198 does not apply to the allocation; and

(b)the allocation may be amended under section 219, as if the allocation were a water licence, so it attaches to the remaining part of the land.

(3) Subsection (4) applies if—

(a)the remaining part of the land is not above the aquifer, or the conditions of the allocation do not allow water to be taken from the remaining part; and

(b)the holder of the allocation does not, within 60 business days after the acquisition or disposal, satisfy the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

(4)The allocation is taken to be surrendered and the chief executive may deal with the allocation under section 197 (4).

(5)However, subsection (2) (a) and (b) apply if, within 60 business days after the acquisition or disposal, the holder satisfies the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

s 199A ins 2005 No. 19 s 76

amd 2011 No. 40 s 57; 2013 No. 23 s 352 sch 1 pt 1

199BEffect of acquisition of part of other land

(1)This section applies to an interim water allocation granted in response to an application mentioned in section 206 (3) as if the allocation were a water licence, if part of the land to which the allocation attaches—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If water taken under the allocation can still be delivered to the remaining part of the land—

(a) section 198 does not apply to the allocation; and

(b)the allocation may be amended under section 192 so it attaches to the remaining part of the land.

(3) Subsection (4) applies if—

(a)water taken under the allocation can not still be delivered to the remaining part of the land; and

(b)the holder of the allocation does not, within 60 business days after the acquisition or disposal, satisfy the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

(4)The allocation is taken to be surrendered and the chief executive may deal with the allocation under section 197 (4).

(5)However, subsection (2) (a) and (b) apply if, within 60 business days after the acquisition or disposal, the holder satisfies the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

s 199B ins 2005 No. 19 s 76

amd 2011 No. 40 s 58; 2013 No. 23 s 352 sch 1 pt 1

sdiv hdg ins 2003 No. 25 s 72

200Arrangements for seasonal water assignments

(1)The holder of an interim water allocation may enter into an arrangement for a seasonal water assignment in relation to the allocation.

(2)The holder may enter the arrangement only with consent of the holder of the interim resource operations licence or resource operations licence under which the allocation is managed.

(3)The holder of the interim resource operations licence or resource operations licence may give consent only if the assignment is in accordance with the holder’s licence or resource operations licence.

s 200 sub 2003 No. 25 s 72

amd 2008 No. 34 s 689

sdiv 6 (s 201) ins 2008 No. 34 s 690

201Granting interim water allocations

(1)This section applies to an interim water allocation (the relevant interim water allocation) held by Mount Isa Water Board and managed under the interim resource operations licence for the Julius Dam water supply scheme.

(2)A regulation may, before the resource operations plan for the water supply scheme commences, state a process for—

(a)the expiry of the relevant interim water allocation; and

(b)the granting of interim water allocations (the new allocations) to particular entities to replace the relevant interim water allocation.

(3)The regulation must not be inconsistent with the objectives of the Water Resource (Gulf) Plan 2007 .

(4)The chief executive must grant the new allocations to give effect to the regulation.

sdiv 6 (s 201) ins 2008 No. 34 s 690

203Definition for pt 6

In this part—

owner, of land, means any of the following—

(a)the registered proprietor of the land;

(b)the lessee, sublessee or licensee of the land under the Land Act 1994 ;

(ba)the trustee of a reserve over the land or the holder of a permit to occupy the land under the Land Act 1994 ;

(c)the lessee of the land under a registered lease under the Land Title Act 1994 ;

(d)an applicant for, or the holder of, a mineral development licence or mining lease under the Mineral Resources Act 1989 ;

(e)the holder of a geothermal tenure under the Geothermal Energy Act 2010 relating to the land;

(ea)the holder of a GHG tenure under the Greenhouse Gas Storage Act 2009 relating to the land;

(f)the plantation licensee of a plantation licence under the Forestry Act 1959 .

def owner amd 2003 No. 25 s 73; 2004 No. 12 s 164; 2005 No. 19 s 77; 2010 No. 12 s 251 sch; 2011 No. 40 s 59; 2010 No. 31 s 581

petroleum tenure holder ...

def petroleum tenure holder ins 2004 No. 25 s 1045 (2) (amd 2004 No. 26 s 264)

om 2010 No. 53 s 182

priority group ...

def priority group ins 2004 No. 25 s 1045 (2)

amd 2005 No. 3 s 102

om 2013 No. 23 s 255

s 203 ins 2001 No. 75 s 51

amd 2004 No. 25 s 1045

204Purpose of pt 6

Under this part, the chief executive may grant—

(a)water licences for taking water and interfering with the flow of water, for example, by a weir; or

(b)water permits for taking water.

205Decisions to be in accordance with plans

(1)If a water resource plan or a resource operations plan has been approved for an area, the chief executive must make decisions under this part in accordance with the plan.

(2)If the chief executive makes a decision under this part, in accordance with a water resource plan or a resource operations plan, the chief executive is required to give, for the decision—

(a)to the extent a different decision, consistent with the plan, could have been made—an information notice; or

(b)otherwise—a notice stating the decision and the reasons for the decision.

(3)In this section—

decision includes a part of a decision.

s 205 amd 2005 No. 19 s 78

sub 2005 No. 42 s 52 sch 1

amd 2014 No. 40 s 138

206Applying for a water licence

(1)An owner of a parcel of land, or the owners of contiguous parcels of land, may apply for a water licence for the parcel or parcels and any other land of the owner or owners contiguous to the parcel or parcels—

(a)for taking water and using the water on any of the land; or

(b)to interfere with the flow of water on, under or adjoining any of the land.

(2)An application under subsection (1) (a) may be only for taking water from any of the following—

(a)a watercourse, lake or spring on or adjoining any of the land;

(b)an aquifer under any of the land;

(c)water flowing across any of the land.

(3)Also, an application under subsection (1) (a) may be for taking water from a watercourse, lake, spring or aquifer if—

(a)for—

(i)water from a watercourse, lake or spring—the watercourse, lake or spring does not adjoin any of the applicant’s land or the proposed point of taking the water is not on the applicant’s land; or

(ii)water from an aquifer—the aquifer is not under the applicant’s land; but

(b)in relation to the land (the intervening land) between the proposed point of taking and the applicant’s land and for the purpose of taking the water and delivering it to the applicant’s land—

(i)to the extent the intervening land is freehold land—the applicant has written agreement, from all the owners of the intervening land, to give the applicant a registrable lease or easement over the intervening land; or

(ii)to the extent the intervening land is unallocated State land under the Land Act 1994 —the applicant holds or has applied for a permit under section 177 of that Act to occupy the intervening land; or

(iii)to the extent the intervening land is a State-controlled road under the Transport Infrastructure Act 1994 —the requirements of section 50 of that Act have been complied with in relation to any necessary ancillary works and encroachments under that section; or

(iv)to the extent the intervening land is a road under the control of a local government—the requirements of the Local Government Act 2009 and of any local laws of the local government have been complied with in relation to any necessary works, including ancillary works and encroachments under that Act; or

(v)to the extent the intervening land is other land—the applicant holds or has applied for permission to occupy the intervening land, from the owner or the authority administering the land.

(4)The following entities may also apply for a water licence for taking water or interfering with the flow of water—

(a)the State;

(b)a local government;

(c)a water authority;

(d)a resource operations licence holder;

(e)an interim resource operations licence holder;

(f)a petroleum tenure holder;

(g)CEWH;

(h)the bulk water supply authority;

(i)an entity prescribed under a regulation.

(5)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by the fee prescribed under a regulation.

s 206 amd 2001 No. 75 s 3 sch 2; 2003 No. 25 s 74; 2004 No. 25 s 1046; 2005 No. 3 s 103; 2005 No. 19 s 79; 2009 No. 17 s 331 sch 1; 2011 No. 40 s 60; 2012 No. 39 s 102 sch pt 2; 2013 No. 23 s 256

207Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or

(c)if notice of the application is published—any submitter to give additional information about the submission.

(2)The request may be made—

(a)whether or not notice of the application is published; and

(b)before or after notice of the application is published.

(3)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 207 amd 2001 No. 75 s 52

208Public notice of application for water licence

(1) Subsection (2) applies when the chief executive is satisfied the application has been properly made and the applicant has given the chief executive any additional information requested about the application.

(2)The chief executive must give the applicant a notice requiring the applicant to publish stated information in a stated period and in a stated way.

(3) Subsections (1) and (2) do not apply to an application mentioned in section 209.

(4)The stated information must include at least the following—

(a)the location of the proposed taking of, or interfering with, water;

(aa)details of the applicant’s land to which the water licence, if granted, would attach;

(b)where copies of the application may be inspected and, on payment of a fee, purchased;

(c)that written submissions may be made by any entity about the application;

(d)a day by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(5)The day stated under subsection (4) (d) must not be earlier than 30 business days after the day the stated information is published.

(6)Within 10 business days after the stated information is published, the applicant must give the chief executive evidence of the publication.

(7)If the applicant fails, without reasonable excuse, to comply with subsection (6), the application lapses.

(8)If the stated information has been published as required under subsection (2)—

(a)the chief executive may send a copy of the stated information to any other entity the chief executive considers appropriate; and

(b)the chief executive may decide the application after the day mentioned in subsection (4) (d).

s 208 amd 2001 No. 75 s 53; 2005 No. 19 s 80; 2011 No. 40 s 61; 2013 No. 23 s 258

209Applications that may be decided without public notice

(1)If the granting of the application would be inconsistent with a water resource plan or a resource operations plan, the chief executive must refuse the application without notice of the application being published.

(2)Within 30 business days after refusing the application, the chief executive must give the applicant a notice under section 205 (2) about the refusal.

(3) Subsection (4) applies to an application made under section 206—

(a)by a petroleum tenure holder; or

(b)for taking underground water only for domestic purposes or watering stock of a number that would normally be depastured on the land to which the application relates.

(4)The chief executive may decide the application without notice of the application being published.

s 209 amd 2004 No. 25 s 1048; 2006 No. 59 s 68; 2008 No. 34 s 691; 2014 No. 40 s 139

210Criteria for deciding application for water licence

(1)In deciding whether to grant or refuse the application or the conditions for the water licence, the chief executive must consider the following—

(a)the application and additional information given in relation to the application;

(b)if notice of the application has been published—all properly made submissions made about the application;

(c)any water resource plan and resource operations plan that may apply to the licence;

(d)existing water entitlements and authorities to take or interfere with water;

(e)any information about the effects of taking, or interfering with, water on natural ecosystems;

(f)any information about the effects of taking, or interfering with, water on the physical integrity of watercourses, lakes, springs or aquifers;

(g)strategies and policies for the sustainable management of water in the area to which the application relates;

(h)the sustainable resource management strategies and policies for the catchment, including any relevant coastal zone and regional aquifer systems;

(i)the public interest.

(2)The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law.

s 210 amd 2005 No. 19 s 81; 2006 No. 59 s 69; 2014 No. 40 s 140

211Deciding application for water licence

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application for a stated period, with or without conditions.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant and any person who gave a properly made submission about the application an information notice.

(4)If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give a water licence in the approved form to—

(a)the applicant; or

(b)if after making the application the applicant has ceased to be an owner of land to which the application relates—the registered owner of the land.

(5)The licence has effect from the day the information notice is given to the applicant.

s 211 amd 2003 No. 25 s 75

211AEffect of disposal of part of land to which application for water licence relates

(1) Subsection (2) applies if—

(a)an application for a water licence is made to the chief executive; and

(b)the applicant disposes of part of the land to which the application relates; and

(c)at the time the applicant disposes of the part, the chief executive has not decided the application under section 211.

(2)The application lapses on the day the applicant disposes of the part.

s 211A ins 2003 No. 25 s 76

amd 2005 No. 19 s 82

212Granting a water licence under a plan process

(1) Subsection (2) applies if a water resource plan or a resource operations plan states a process for the allocation of water, or interference with the flow of water, under a water licence.

(2)The chief executive must follow the process and may grant a water licence in accordance with the process without the need for an application to be made under section 206.

(3)Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and a notice under section 205 (2) about the granting of the licence.

(4)The licence has effect from the day the licence is given to the licensee.

s 212 amd 2001 No. 75 s 54; 2005 No. 42 s 52 sch 1; 2008 No. 34 s 692; 2011 No. 40 s 62; 2014 No. 40 s 141

212AApplying for transmission water licence

(1)Subject to subsection (3), each of the following entities may apply for a water licence (a transmission water licence) for taking water from a receiving water source—

(a)the bulk water supply authority;

(b)a relevant entity for a recycled water scheme;

(c)an entity nominated by a relevant entity for a recycled water scheme.

(2)An application made under subsection (1) is a licence application.

(3)If recycled water in a receiving water source is supplied from water supply works that supply bulk services under a bulk water supply agreement, the bulk water supply authority is the only entity that may make a licence application in relation to the receiving water source.

(4)This subdivision, other than sections 206 (6), 207, 210 and 211 and this section, does not apply to a licence application.

(5)For applying sections 206 (6), 207, 210 and 211, a reference to an application is taken to be a reference to a licence application.

(6)The chief executive may decide the licence application without notice of the licence application being published.

(7)If the chief executive grants a licence application—

(a)the transmission water licence does not attach to the licensee’s land; and

(b) section 213 (e) does not apply to the transmission water licence.

(8)In this section—

receiving water source means a lake, or watercourse, into which recycled water is supplied under an approved recycled water management plan to augment a supply of drinking water.

s 212A ins 2008 No. 34 s 693

amd 2012 No. 39 s 49

sdiv hdg amd 2013 No. 23 s 292A

213Contents of water licence

(1)A water licence—

(a)must state the term of the licence; and

(b)must state the water to which the licence relates; and

(c)must state the location from which the water may be taken or at which it may be interfered with; and

(d)may be amended, renewed, reinstated, transferred, amalgamated, subdivided, surrendered or cancelled; and

(e)attaches to the licensee’s land unless the licensee is—

(i)the State; or

(ii)a local government; or

(iii)a water authority; or

(iv)a resource operations licence holder; or

(v)an interim resource operations licence holder; or

(vi)a petroleum tenure holder; or

(vii)the bulk water supply authority; or

(viii)CEWH; or

(ix)an entity prescribed under a regulation.

(2)Despite subsection (1) (e), a following water licence (other than a licence held by a licensee mentioned in subsection (1) (e) (i) to (ix)) attaches only to the parcel of land on which the water is taken—

(a)a water licence to take artesian water for stock purposes;

(b)a water licence to take subartesian water, from an aquifer that is hydraulically connected to an artesian aquifer, for stock or domestic purposes.

s 213 amd 2001 No. 75 s 55; 2003 No. 25 s 77; 2004 No. 25 s 1049; 2008 No. 34 s 694; 2011 No. 40 s 63; 2012 No. 39 s 102 sch pt 2; 2013 No. 23 s 292B

213ATerm of water licence

(1)A water licence expires at the end of 30 June 2111.

(2)However, if a water resource plan or a resource operations plan states a day for the expiry of a water licence granted by the chief executive in accordance with a process mentioned in section 212 (1), the licence expires on—

(a)if the process was stated in a water resource plan—at the end of the day stated, in the plan, for the expiry of the licence; or

(b)if the process was stated in a resource operations plan—at the end of the day stated, in the plan, for the expiry of the licence.

(3)The day stated for the expiry of a water licence under subsection (2) can not be changed to an earlier day after it is first stated for the licence in a water resource plan or a resource operations plan.

(4)This section does not prevent a water licence from being cancelled or surrendered.

s 213A ins 2013 No. 23 s 292C

amd 2014 No. 40 s 142

214Conditions of water licence

(1)The water licence is subject to the conditions—

(a)prescribed under a regulation; and

(b)the chief executive may impose for a particular licence.

(2)Without limiting subsection (1), the conditions may require the licensee to do all or any of the following—

(a)commence taking or interfering with water authorised under the licence within a stated time;

(b)install a measuring device to measure the volume of water taken, the rate at which it is taken and the time it is taken;

(c)take the water authorised to be taken under the licence;

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

(e)carry out and report on a stated monitoring program;

(f)give relevant information reasonably required by the chief executive for the administration or enforcement of this Act.

(4)If section 206 (3) applies to the licence, the licensee must, within 40 business days after receiving the licence, register the instrument of lease or easement under the Land Title Act 1994 .

(5)If the licensee fails, without reasonable cause, to register the instrument under subsection (4), the chief executive may cancel the licence.

Note—

See section 227.

s 214 amd 2001 No. 75 s 56; 2004 No. 25 s 1050 (amd 2004 No. 26 s 69 (2) sch); 2005 No. 19 s 83; 2013 No. 23 s 262

215Where water under certain licences must be used

(1)Water taken under a licence that is attached to land must be used only on the land to which the licence attaches.

Maximum penalty—1665 penalty units.

(2)However, subsection (1) does not apply to—

(a)water taken under a licence attached to land the subject of a water facility agreement under the Stock Route Management Act 2002 ; or

(b)artesian water taken under a water licence for stock purposes; or

(c)subartesian water, in an aquifer that is hydraulically connected to an artesian aquifer, taken under a water licence for stock or domestic purposes.

s 215 amd 2002 No. 12 s 329 sch 2; 2005 No. 19 s 84; 2011 No. 40 s 64; 2014 No. 7 s 578 sch 4 pt 2

216Amending water licence on application of licensee

(1)The licensee may apply to amend a water licence.

(2)The application to amend the licence must be dealt with under division 2, subdivisions 1 and 2, as if it were an application for a licence.

216AAmending water licence without public notice

(1)Despite section 216 (2), section 208 does not apply to an application to amend a water licence—

(a)by adding land to the land to which the licence attaches; or

(b)by removing land from the land to which the licence attaches, whether or not the application also seeks a reduction in the volume of water that may be taken under the licence.

(2)However, the applicant must give notice of the application to any entity that has an interest in the land to which the licence attaches, the land to be added or the land to be removed.

(3)The notice must include at least the following—

(a)a description of the proposed changes to the land to which the licence attaches;

(b)where copies of the application may be inspected and, on payment of a fee, purchased.

(4)The application to amend the licence must be accompanied by written advice from the applicant that the applicant has complied with subsection (2) for the application.

(5)Within 10 business days after the notice is given, the applicant must give the chief executive a copy of the notice.

(6)If the applicant fails, without reasonable excuse, to comply with subsection (5), the application lapses.

(7)The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate.

s 216A ins 2005 No. 19 s 85

amd 2011 No. 40 s 65

217Amending water licence to implement water resource plan

(1)The chief executive must amend a water licence, if the water licence is inconsistent with a water resource plan or a resource operations plan.

(2)The chief executive must, within the time stated in the plan or as soon as possible after the plan is approved—

(a)amend the licence; and

(b)give the licensee a notice under section 205 (2) stating the aspects of the existing licence that are inconsistent with the plan; and

(c)give the licensee an amended licence in the approved form.

(3)The amended licence takes effect from the day the chief executive gives the licensee the licence.

s 217 amd 2008 No. 34 s 695

218Other amendments chief executive may make to water licence

(1)The chief executive may amend a water licence if the chief executive is satisfied the licence should be amended.

(2)However, the amendment must not—

(a)increase the volume of, rate of or times when water may be taken under the licence; or

(b)increase the area of land that may be irrigated under the licence; or

(c)increase the interference with the flow of the water; or

(d)change the location from which water may be taken, or interfered with, under the licence; or

(e)cause a significant adverse effect on—

(i)the availability of water for the requirements of natural ecosystems; or

(ii)the quality of water; or

(iii)availability of water for existing water entitlement holders; or

(iv)beneficial flooding.

(3)Before the chief executive acts under subsection (1), the chief executive must give the licensee a show cause notice about the proposed amendment.

(4)In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment.

(5)If the chief executive is satisfied the proposed amendment should be made, the chief executive must, within 30 business days after the decision, give the licensee an amended licence in the approved form and an information notice.

(6)If the chief executive is not satisfied the amendment should be made, the chief executive must give the licensee notice that the licence will not be amended.

(7)The amended licence takes effect from the day the licence is given to the licensee.

219Minor or stated amendments of water licence

(1)The chief executive may amend the licence without complying with the provisions of this division about amending a licence if the amendment is only—

(a)to correct a minor error in the licence, or make another change that is not a change of substance; or

(b)if the licence states that an amendment of a stated type may be made to the licence by amendment under this section—to make an amendment of the stated type.

(2)If the chief executive amends a licence under subsection (1), the chief executive must give the licensee an amended licence in the approved form.

s 219 amd 2003 No. 25 s 78

220Renewing water licence

(1)The licensee may apply to renew a water licence before the licence expires.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)If a licensee applies to renew a licence, the licence remains in force until—

(a)if the application is approved with or without variation—the applicant is given a new licence; or

(b)if the application is refused and the applicant has appealed against the decision—the date on which notification of the final outcome of the appeal has been given to the applicant; or

(c)if the application is refused and the applicant has not appealed against the decision—30 business days after the applicant is given an information notice.

(4)If the chief executive is satisfied the application should be approved, the chief executive must—

(a)approve the application; or

(b)approve the application, subject to variation of the licence by 1 or more of the following—

(i)the amendment or revocation of a term to which it is subject or the addition of another term;

(ii)the reduction of the volume of water the licensee is authorised to take under the licence or the rates at which, and the times when, it may be taken;

(iii)the reduction of the authority to interfere with the water.

(5)However, the variation to the licence under subsection (4) (b) must not—

(a)increase the volume of, rate of or times when water may be taken under the licence; or

(b)increase the area of land that may be irrigated under the licence; or

(c)increase the interference with the flow of the water; or

(d)change the location from which water may be taken, or interfered with, under the licence; or

(e)cause a significant adverse effect on—

(i)the availability of water for the requirements of natural ecosystems; or

(ii)the quality of water; or

(iii)availability of water for existing water entitlement holders; or

(iv)beneficial flooding.

(6)If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application.

(7)Within 30 business days after deciding the application, the chief executive must—

(a)if the application is refused or approved with variation—give the applicant an information notice; or

(b)if the application is approved—give a new licence in the approved form to—

(i)the licensee; or

(ii)if after making the application the applicant has ceased to be the owner of land to which the licence attaches—the registered owner of the land.

(8)If the applicant is given a new licence, the licence has effect from the day the applicant is given the licence.

s 220 amd 2003 No. 25 s 79

221Reinstating expired water licence

(1)If a licensee fails to renew a water licence, the licensee, or if the licensee has ceased to be an owner of the land to which the licence was attached, another owner of the land, may apply to have the licence reinstated within—

(a)60 business days after the licence expires; or

(b)if the chief executive approves a longer period—the longer period.

(1A)The chief executive may approve a longer period for subsection (1) only if the chief executive is satisfied the works for taking or interfering with water under the water licence were operational from the day the licence expired to the day the chief executive approves the longer period.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)If an application for the reinstatement of a water licence is made, the expired licence is taken to have been in force from the day the application was made until the applicant has been notified of the chief executive’s decision on the application.

(4)For deciding the application, section 220 (4) to (8) applies—

(a)as if a reference in the section to the renewal of a licence were a reference to the reinstatement of a licence; and

(b)with any other necessary changes.

s 221 amd 2008 No. 34 s 696

222Transferring water licence to another person

(1)The licensee of a water licence may apply to transfer the licence to—

(a)any owner of the land to which the licence attaches; or

(b)a person who will be an owner of the land to which the licence attaches at the time the transfer is approved; or

(c)if the licensee is an entity mentioned in section 206 (4)—another entity mentioned in section 206 (4).

(1A)Also, if the licensee is not an entity mentioned in section 206 (4), the licensee may apply to transfer the licence to CEWH.

(2)However, if the licensee is a petroleum tenure holder, the licensee may apply to transfer the licence only in a way that reflects a change in the holding of the petroleum tenure.

(2A) Subsection (2B) applies if the licensee is—

(a)an entity mentioned in section 206 (4); and

(b)the owner of land to which the licence attached at the time the licensee became the owner of the land.

(2B)The licensee may also apply to transfer the licence to a person who will be an owner of the land at the time the transfer is approved.

(3)An application under this section must be—

(a)made to the chief executive in the approved form; and

(b)supported by evidence that enables the chief executive to transfer the licence, including, for example, the written consent of the transferee; and

(c)accompanied by the fee prescribed under a regulation.

(3A)If the licensee is the entity mentioned in section 206 (4) (a), the licensee may transfer the licence to a person—

(a)who, immediately before the transfer takes effect, is being supplied with water from the land to which the licence will attach at the time the transfer takes effect; and

(b)who will be the owner of the land at the time the transfer takes effect.

(4)The chief executive must give the transferee a new licence on conditions that have the same effect as the conditions on the previous licence, other than for the change of name of the licensee—

(a)for an application made under subsection (1) (a) or (c)—within 30 business days after receiving the application; or

(b)for an application made under subsection (1) (b) or (2B)—within 30 business days after the transferee gives the chief executive notice that the transferee has become an owner of the land; or

(c)for a transfer under subsection (3A)—as soon as practicable after the person becomes the owner of the land.

(5)A new licence given under subsection (4) for a transfer mentioned in subsection (1A) does not attach to the land of the transferee.

(6)A new licence given under subsection (4) for a transfer mentioned in subsection (2B) or (3A) attaches to the land of the transferee.

(7)The new licence has effect on the day the transferee is given the licence.

s 222 amd 2001 No. 75 s 57; 2004 No. 25 s 1051; 2005 No. 19 s 86; 2011 No. 40 s 66

223Other transfer of water licence

(1)This section applies if, for a water licence, to take water—

(a)a regulation or resource operations plan states that all or part of the water licence may be—

(i)if the licence attaches to land—transferred so that the whole or the part attaches to other land, whether in or outside Queensland; or

(ii)transferred to a prescribed person; or

(iii)amended to change the location from which the water may be taken or the purpose for which the water may be taken; or

(iv)amalgamated with another licence held or to be held by the transferee; and

(b)a regulation (the process regulation) states the process for dealing with an application for the transfer, amendment or amalgamation.

(2)The application may be made only in accordance with the process regulation.

(3)If the application is, or includes, an application to amend a water licence to take water, and there is other land between the proposed point of the taking and the land to which the amended licence would attach, section 206 (3) (b) also applies to the application.

(4)If the application includes an application to amalgamate water licences, the part of the application relating to the amalgamation may be made only by an applicant mentioned in section 224 (1).

(5)In this section—

prescribed person means—

(a)a person who is, or will be, an owner of land to which a water licence will attach when a transfer under this section is approved; or

(b)an entity mentioned in section 206 (4).

s 223 sub 2006 No. 59 s 75

amd 2013 No. 23 s 263

224Amalgamating water licences

(1)The following licensees may apply to amalgamate 2 or more water licences into a single licence—

(a)the licensee or licensees of 2 or more water licences relating to the same land or contiguous land;

(b)a licensee mentioned in section 213 (1) (e).

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The application must be dealt with under division 2, subdivisions 1 and 2, as if it were an application for a licence.

(4)If the applicant is given a new licence, the original licences expire on the day the new licence is given.

s 224 amd 2003 No. 25 s 80

225Subdividing water licence

(1)The licensee of a water licence (the original licence) may apply to replace the original licence with 2 or more new licences.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The application must be dealt with under sections 206 to 215 as if it were an application for a licence.

(4)If the chief executive approves the application, the chief executive must ensure that each new licence attaches only to land to which the original licence related.

(5)The original licence expires on the day the new licences are given.

s 225 amd 2003 No. 25 s 81

226Surrendering water licence

(1)A licensee may surrender a water licence by giving the chief executive a notice of surrender.

(2)The surrender—

(a)takes effect on the date on which the surrender notice is received by the chief executive; and

(b)does not affect in any way a duty under this Act about works imposed on the licensee before the surrender.

227Cancelling water licence

(1)The chief executive may cancel a water licence if the chief executive is satisfied the licence should be cancelled.

(2)Without limiting subsection (1), the chief executive may cancel a water licence granted to a petroleum tenure holder if—

(a)the petroleum tenure ends; or

(b)if the petroleum tenure is a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 —the licensee ceases to carry out, under that Act, any of the following and has not stored an appropriate amount of associated water under that Act—

(i)approved testing for petroleum production;

(ii)petroleum production for commercial purposes; or

(c)if the petroleum tenure is an authority to prospect under the Petroleum Act 1923 —the licensee—

(i)ceases to carry out, under that Act, testing for petroleum production in accordance with the instrument for the authority to prospect; and

(ii)has not stored an appropriate amount of associated water under that Act; or

(d)if the petroleum tenure is a petroleum lease under the Petroleum Act 1923 —the licensee—

(i)ceases to carry out, under that Act, petroleum production for commercial purposes; and

(ii)has not stored an appropriate amount of associated water under that Act.

(3) Section 218 applies to the cancellation—

(a)as if a reference in the section to an amendment of the licence were a reference to the cancellation of the licence; and

(b)with any other necessary changes.

s 227 amd 2004 No. 25 s 1052; 2005 No. 3 s 104

228Effect of licensee ceasing to be an owner of land

(1) Subsection (2) applies if—

(a)a water licence attaches to land; and

(b)the licensee ceases to be an owner of the land; and

(c)before ceasing to be an owner of the land the licensee applied, in accordance with section 222, to transfer the licence to another person.

(2)On the day the licensee ceases to be an owner of the land—

(a)the licensee ceases to be the holder of the licence; and

(b)the other person becomes the new licensee.

(3)However, subsection (4) applies if—

(a)a water licence attaches to land; and

(b)the licensee ceases to be an owner of the land; and

(c)before ceasing to be an owner of the land the licensee did not apply, in accordance with section 222, to transfer the licence to another person.

(4)On the day the licensee ceases to be an owner of the land—

(a)the licensee ceases to be the holder of the licence; and

(b)the registered owner of the land becomes the new licensee.

(5)Within 30 business days after becoming the new licensee, the new licensee must give the chief executive notice that the previous licensee has ceased to be the licensee.

(6)Within 30 business days after receiving the notice, the chief executive must give the new licensee a new licence on conditions that have the same effect as the conditions on the previous licence, other than for the change of name of the licensee.

(7)In this section—

owner, of land, includes an occupier of the land who was the holder of an entitlement to take water in relation to the land—

(a)in force under the repealed Act immediately before the commencement of this section; and

(b)that is, under section 1048A (2), taken to be a water licence.

s 228 amd 2001 No. 75 s 58

229Effect of disposal of part of land to which water licence to take water attaches

(1) Subsection (2) applies if—

(a)a water licence to take water is attached to land; and

(b)the registered owner of the land disposes of part of the land.

(2)On the day the owner disposes of the part, the water licence is taken to be held jointly by all owners of the land to which the licence attaches.

(3)However, 1 or more of the owners of the land to which the jointly held water licence attaches may, with the written consent of the other owners, apply for 1 or more water licences to replace the jointly held water licence—

(a)within 90 business days after the owner disposes of the part; or

(b)if, in a particular case, the chief executive extends the period for making the application—within the extended period.

(4)The application must—

(a)be made to the chief executive in the approved form; and

(b)be accompanied by the fee prescribed under a regulation; and

(c)relate only to the land to which the jointly held licence relates; and

(d)not seek to increase the volume of water that may be taken, the rate at which water may be taken or the period during which water may be taken; and

(e)not seek to increase the area of land that may be irrigated.

(5)The application must be dealt with as if the application were an application under section 225 to subdivide the jointly held licence.

(6)However, section 208 does not apply to the application unless the application seeks a change to the location from which the water may be taken.

(7)If an application is not made under subsection (3), the chief executive may give notice to the joint holders of the water licence about the chief executive’s proposal to amend, subdivide or cancel the licence.

(8)The notice must state—

(a)that a written submission may be made about the proposal; and

(b)a day by which the submission must be made, and the person to whom, and the place where, the submission must be made.

(9)The day stated under subsection (8) (b) must not be earlier than 30 business days after the day the notice is given.

(10)The chief executive must consider any submissions made before amending, subdividing or cancelling the jointly held licence.

(11)Within 30 business days after amending, subdividing or cancelling the jointly held licence, the chief executive must give the holders of the licence an information notice about the decision to amend, subdivide or cancel the licence.

(12)A replacement water licence granted in response to an application under subsection (3) has effect from the day the application is granted.

(13)An amendment, subdivision or cancellation of the jointly held licence has effect from the day the information notice is given.

s 229 amd 2001 No. 75 s 59; 2005 No. 19 s 87; 2011 No. 40 s 67

229AEffect of disposal of part of land to which water licence to interfere with water attaches

(1)This section applies if—

(a)a water licence to interfere with the flow of water on, under or adjoining land is attached to land; and

(b)the registered owner of the land disposes of part of the land.

(2)If the location at which water may be interfered with is on, under or adjoining either the part of the land disposed of or the part retained by the owner, the licence attaches to the part and may be amended under section 219 to show the change.

(3)However, if the location at which water may be interfered with is on, under or adjoining both the part of the land disposed of and the part retained, the licence must be amended by the chief executive under section 219 so that it is held jointly by both the owner of the part retained and the owner of the part disposed of.

s 229A ins 2001 No. 75 s 60

sdiv hdg ins 2003 No. 25 s 82

229BApplication of sdiv 6

(1)This subdivision applies to a water licence if part of the land to which the licence attaches—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If the acquisition or disposal includes an acquisition of the licence, section 222 applies for transferring the licence to the entity that acquired the land.

(3)If the acquisition or disposal does not include an acquisition of the licence, sections 229C to 229E apply.

s 229B ins 2001 No. 75 s 60

sub 2003 No. 25 s 82

amd 2011 No. 40 s 68

229CEffect of acquisition of part of land adjoining a watercourse, lake or spring

(1)This section applies to a water licence to take water from a watercourse, lake or spring adjoining the land to which the licence attaches, if part of the land—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If water taken under the licence can still be taken from the watercourse, lake or spring adjoining the remaining part of the land—

(a) section 229 does not apply for the acquisition or disposal of land under subsection (1) (a) or (b); and

(b)the licence may be amended under section 219 so it attaches to the remaining part of the land.

(3)If the remaining part of the land no longer adjoins the watercourse, lake or spring, section 229 applies as if the acquisition or disposal were a disposal under that section.

s 229C ins 2003 No. 25 s 82

amd 2011 No. 40 s 69

229DEffect of acquisition of part of land above an aquifer

(1)This section applies to a water licence to take water from an aquifer under the land to which the licence attaches, if part of the land—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If the remaining part of the land is above the aquifer from which water may be taken under the licence, and the conditions of the licence allow water to be taken from the remaining part—

(a) section 229 does not apply for the acquisition or disposal of land under subsection (1); and

(b)the licence may be amended under section 219 so it attaches to the remaining part of the land.

(3)If the remaining part of the land is not above the aquifer, or the conditions of the licence do not allow water to be taken from the remaining part, section 229 applies as if the acquisition or disposal were a disposal under that section.

s 229D ins 2003 No. 25 s 82

amd 2011 No. 40 s 70

229EEffect of acquisition of part of other land

(1)This section applies to a water licence granted in response to an application mentioned in section 206 (3), if part of the land to which the licence attaches—

(a)is taken under the Acquisition of Land Act 1967 ; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If water taken under the licence can still be delivered to the remaining part of the land—

(a) section 229 does not apply for the acquisition or disposal of land under subsection (1); and

(b)the licence may be amended under section 219 so it attaches to the remaining part of the land.

(3)If water taken under the licence can not still be delivered to the remaining part of the land, section 229 applies as if the acquisition or disposal were a disposal under that section.

s 229E ins 2003 No. 25 s 82

amd 2011 No. 40 s 71

230Application of div 3

This division applies if—

(a)a water resource plan or the resource operations plan that implements the water resource plan allows seasonal water assignments; or

(b)for water licences to which no water resource plan or resource operations plan applies—a regulation allows seasonal water assignments and prescribes seasonal water assignment rules.

s 230 amd 2003 No. 19 s 3 sch

231Applying for seasonal water assignment

(1)The licensee of a water licence or the holder of a seasonal water assignment notice may apply for a seasonal water assignment for the water year in which the application is made.

(2)The application must—

(a)be made to the chief executive in the approved form; and

(b)be supported by sufficient information to enable the chief executive to decide the application; and

(c)include the name and address of the proposed assignee; and

(d)if the proposed assignee holds a water licence for the water management area in which the assignee proposes to take the benefit of the assignment—include details of the water licence; and

(e)include the written consent of the proposed assignee; and

(f)be accompanied by the fee prescribed under a regulation.

s 231 amd 2005 No. 19 s 88

232Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 232 amd 2001 No. 75 s 61

233Deciding application for seasonal water assignment

(1)If the application is in accordance with the seasonal water assignment rules, the chief executive must approve the application, with or without conditions.

(2)If the application is not in accordance with the rules, the chief executive must refuse the application.

(3)As soon as practicable after deciding the application, the chief executive must give the applicant an information notice.

(4)If the chief executive grants the application, with or without conditions, the chief executive must, as soon as practicable after approving the application, give the proposed assignee a seasonal water assignment notice for the water year in the approved form.

(4A)If the assignee holds a water licence for the water management area in which the assignee proposes to take the benefit of the assignment, a notice given under subsection (4) has the effect of increasing the volume of water authorised to be taken under the licence by the volume stated in the notice.

(5)The assignment has effect from the day the information notice is given to the applicant.

s 233 amd 2005 No. 19 s 89

234Effect of approval on water licence

To the extent that the application is approved, the licensee is not authorised to take water under the water licence.

235Conditions of seasonal water assignment

The seasonal water assignment notice is subject to the conditions—

(a)to which the water licence is subject; and

(b)prescribed under a regulation; and

(c)the chief executive may impose for a particular notice.

s 235 amd 2005 No. 19 s 90

236Application of ss 25, 243 and 244

Sections 25, 243 and 244 apply to a seasonal water assignment notice as if a reference in the sections to a water permit were a reference to a seasonal water assignment notice.

s 236 sub 2003 No. 25 s 83

amd 2005 No. 19 s 91

div 3A (s 236A) ins 2014 No. 29 s 132

236AValidation of particular decisions about water licences

(1) Subsection (2) applies to a decision of the chief executive, made or purportedly made under this Act before the commencement, to do any of the following—

(a)grant all or part of an application for a water licence under section 211;

(b)grant a water licence under section 212 (2);

(c)grant an application to amend a water licence on an application made under section 216;

(d)amend a water licence under section 217, 218 or 219;

(e)approve an application to renew a water licence under section 220 (4);

(f)approve an application to reinstate a water licence on an application made under section 221;

(g)grant an application as mentioned in section 223 for the transfer, amendment or amalgamation of all or part of a water licence;

(h)grant an application to amalgamate 2 or more water licences into a single licence on an application made under section 224;

(i)grant 2 or more new water licences to replace an original licence on an application made under section 225;

(j)grant an application for 1 or more water licences to replace a jointly held water licence under section 229.

(2)The decision is taken to be, and to always have been, valid.

(3) Subsection (2) does not apply to a decision if, within 6 months after the decision was made or purportedly made—

(a)the decision was, or is, the subject of—

(i)an application for internal review under chapter 6, part 2; or

(ii)an appeal or application for external review under chapter 6, part 3; or

(iii)an application for a statutory order of review, or an application for review, under the Judicial Review Act 1991 ; or

(b)a person applied, or applies, to the Supreme Court for an order declaring a relevant instrument for the decision to be invalid.

(4)A decision mentioned in subsection (3) is not invalid only because it is not a decision to which subsection (2) applies.

(5)In this section—

decision, to grant, approve or amend, does not include a decision to refuse to grant, approve or amend.

relevant instrument, for a decision mentioned in subsection (1), means a water resource plan, resource operations plan or water licence that applies to the parcel, or parcels, of land to which the decision relates.

div 3A (s 236A) ins 2014 No. 29 s 132

237Applying for water permit

(1)A person may apply for a water permit for taking water for an activity.

(2)At the time the application is made, the activity, including, for example, the construction of a road, mineral exploration or petroleum exploration, must have a reasonably foreseeable conclusion date.

(3)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by the fee prescribed under a regulation.

238Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 238 amd 2001 No. 75 s 62

239Criteria for deciding application for water permit

(1)In deciding whether to grant or refuse the application or the conditions for the water permit, the chief executive must consider the following—

(a)the application and additional information given in relation to the application;

(b)any water resource plan or resource operations plan that may apply to the permit;

(c)existing water entitlements and authorisations to take or interfere with water;

(d)any information about the impacts on natural ecosystems;

(e)any information about the impacts on the physical integrity of watercourses, lakes, springs or aquifers;

(f)policies developed in consultation with local communities for the sustainable management of local water;

(g)the public interest.

(2)The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law.

240Deciding application for water permit

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application for a stated period, with or without conditions.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant an information notice.

(4)If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give the applicant a water permit in the approved form.

(5)The permit has effect from the day the information notice is given to the applicant.

s 240 amd 2003 No. 25 s 84

241Contents of water permit

A water permit—

(a)relates to the location or locations stated on the permit; and

(b)must be granted for a stated period; and

(c)can not be transferred, amended, renewed or suspended; and

(d)must be for a stated activity.

242Conditions of water permit

The water permit is subject to the conditions—

(a)prescribed under a regulation; and

(b)the chief executive may impose for a particular permit.

243Surrendering water permit

(1)A permittee may surrender a water permit by giving the chief executive a notice of surrender.

(2)The surrender—

(a)takes effect from the day the surrender notice is received by the chief executive; and

(b)does not affect in any way a duty under this Act about works imposed on the permittee before the surrender.

244Cancelling water permit

(1)The chief executive may cancel a water permit if the chief executive is satisfied the permit should be cancelled.

(2) Section 218 applies to the cancellation—

(a)as if a reference in the section to—

(i)an amendment were a reference to a cancellation; and

(ii)a licence were a reference to a permit; and

(iii)a licensee were a reference to a permittee; and

(b)with any other necessary changes.

245Replacing lost or destroyed water licence or permit

(1)If a water licence or permit has been lost or destroyed, the licensee or permittee may apply to the chief executive for a replacement licence or permit.

(2)The application must be—

(a)in writing; and

(b)accompanied by the fee prescribed under a regulation.

(3)If the applicant complies with subsection (2) the chief executive must give the applicant a replacement licence or permit.

div hdg amd 2013 No. 23 s 352 sch 1 pt 2

266Applying for permit to excavate or place fill in a watercourse, lake or spring

(1)A person may apply to the chief executive for a permit to do either or both of the following activities—

(a)excavate in a watercourse, lake or spring;

(b)place fill in a watercourse, lake or spring.

(2) Subsection (2A) applies if the applicant is neither of the following in relation to land that wholly contains the watercourse, lake or spring or the part of the watercourse, lake or spring where the activity is to take place—

(a)the registered owner of the land;

(b)the holder of a mineral development licence or a mining lease under the Mineral Resources Act 1989 for the land.

(2A)The application must include the written consent of the registered owners of land—

(a)wholly containing the length of the watercourse in which the activity is to take place or the part of the lake or spring where the activity is to take place; or

(b)adjoining the watercourse, lake or spring where the activity is to take place.

(3)The application must—

(a)be made to the chief executive in the approved form; and

(b)state the proposed activity and the purpose of the activity; and

(c)be accompanied by the fee prescribed under a regulation.

s 266 amd 2005 No. 19 s 92; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 70; 2010 No. 53 s 183; 2013 No. 23 s 293; 2014 No. 40 s 134

267Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application, including, for example, a statement of environmental effects; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 267 amd 2005 No. 19 s 93

268Criteria for deciding application

In deciding whether to grant or refuse the application or what should be the conditions of the permit, the chief executive must consider all of the following—

(a)the effects of the proposed activity on water quality;

(b)the quantity and type of material to be excavated or placed;

(c)the seasonal factors influencing the watercourse, lake or spring from time to time;

(d)the quantity and type of vegetation that would be destroyed as a necessary and unavoidable part of the proposed excavation or placing of fill (affected vegetation);

(e)the position in the watercourse, lake or spring of the proposed excavation or placing of fill and any affected vegetation;

(f)the reasons given by the applicant for wishing to carry out the activity;

(g)whether, and to what extent, the activity that the permit would allow may have an adverse effect on the physical integrity of the watercourse, lake or spring;

(i)the implications of granting the permit for the long-term sustainable use of the river systems of Australia, and especially the cumulative effect of granting the application and likely similar applications;

(j)any other matters the chief executive considers to be relevant.

s 268 amd 2006 No. 59 s 71; 2010 No. 53 s 184; 2013 No. 23 s 294; 2014 No. 40 s 134

269Deciding application

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must issue a permit, with or without conditions.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant an information notice.

(4)If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give the applicant a permit in the approved form.

(5)The permit—

(a)has effect from the day the applicant is given the permit; and

(b)must state how long it is to stay in force.

s 269 amd 2003 No. 25 s 86; 2013 No. 23 s 352 sch 1 pt 2

div hdg amd 2013 No. 23 s 352 sch 1 pt 2

270Amending conditions or cancelling permit

(1)The chief executive may amend the conditions of, or cancel, the permit, if—

(a)the conditions of the permit are not being complied with or have been contravened; or

(b)it becomes evident that any adverse effect of the permitted activity on the physical integrity of the watercourse, lake or spring is greater than was anticipated when the permit was issued.

(2)Before amending or cancelling the permit, the chief executive must give the permittee a show cause notice inviting the permittee to show cause, within the reasonable time stated in the notice, why the permit should not be amended or cancelled.

271Deciding whether to proceed with proposed cancellation or amendment

(1)In deciding whether to cancel or amend the permit, the chief executive must consider any properly made submission about the proposed cancellation or amendment.

(2)If the chief executive is satisfied the permit should be amended or cancelled, the chief executive must give the permittee—

(a)an information notice; and

(b)if the permit is amended—an amended permit in the approved form.

(3)If the chief executive is not satisfied the permit should be amended or cancelled, the chief executive must give the permittee notice that the permit will not be amended or cancelled.

(4)If the permit is cancelled or amended, the amendment or cancellation takes effect from the day the permittee is given the information notice.

272Immediate suspension of permit in exceptional circumstances

(1)In addition to giving the permittee a show cause notice about the amendment or cancellation of the permit, the chief executive may give the permittee an information notice that immediately suspends the permit.

(2)The suspension has effect from the day the permittee is given the notice.

(3)The notice may be given only if the chief executive is satisfied exceptional circumstances exist in relation to the permit to cause the chief executive reasonable concern for the physical integrity of the watercourse, lake or spring.

(4)The permittee must not act under the permit during the period the permit is suspended, unless the permittee has a reasonable excuse.

Maximum penalty—1665 penalty units.

(5)The notice has effect until—

(a)the permit is amended or cancelled; or

(b)the chief executive gives the permittee notice that the suspension has been withdrawn.

(6)If the chief executive is satisfied the suspension should not continue, the chief executive must give the permittee notice that the suspension has been withdrawn.

(7)If suspension of the permit is withdrawn, the withdrawal takes effect from the day the permittee is given notice of the withdrawal.

(8)After the suspension is withdrawn, the permit remains in effect only for the period during which it would have been in effect but for the suspension.

273Notice to owner of land to remove vegetation etc.

(1)This section applies if—

(a)there is on any land vegetation, litter, refuse or other matter; and

(b)it appears to the chief executive that—

(i)the vegetation, litter, refuse or matter—

(A)has obstructed, or may obstruct, the flow of water in a watercourse, lake or spring; or

(B)has had, or may have, a significant adverse effect on the physical integrity of a watercourse, lake or spring; or

(C)has significantly affected, or may significantly affect, the quality of water in a watercourse, lake or spring; and

(ii)action should be taken in relation to the vegetation, litter, refuse or matter to protect or restore the flow of water in the watercourse, lake or spring, the physical integrity of the watercourse, lake or spring or the quality of water in the watercourse, lake or spring.

(1A)This section also applies if—

(a)there is, in a watercourse or lake, vegetation, litter, refuse or other matter; and

(b)the circumstances of the vegetation, litter, refuse or matter in the watercourse or lake correspond to the circumstances required under subsection (1) (b) in relation to vegetation, litter, refuse or matter; and

(c)the watercourse or lake is on land or forms a boundary or part of a boundary of land.

(2)The chief executive may give notice to the owner of the land requiring the owner to take the reasonable action stated in the notice within the reasonable time and in the way, if any, stated in the notice.

(2A)However, in relation to a watercourse forming a boundary, or part of a boundary, of the owner’s land, the notice must not require the owner to take action beyond the centre-line of the watercourse.

(3)The owner must comply with the notice, unless the owner has a reasonable excuse.

Maximum penalty—1665 penalty units.

(4)For sections 783 and 851, the notice is taken to be a compliance notice.

(5)In this section—

vegetation includes non-native vegetation of any kind.

s 273 amd 2005 No. 19 s 94

279Ownership and management of certain quarry material

Despite the Forestry Act 1959 —

(a)quarry material that is in the part of a watercourse or lake that is the property of the State, is the property of the State; and

Note—

See the Land Act 1994 , chapter 1, part 4, division 3 in relation to the ownership by the State of land adjoining a non-tidal boundary (watercourse).

(b)all quarry material is under the control of the chief executive.

s 279 amd 2010 No. 12 s 241

280Applying for allocation of quarry material

(1)Any person may apply for an allocation of quarry material.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by the fee prescribed under a regulation.

s 280 amd 2005 No. 42 s 52 sch 1; 2006 No. 59 s 72; 2010 No. 53 s 185; 2014 No. 40 s 134

281Additional information may be required

(1)For deciding the application, the chief executive may require all or any of the following—

(a)the applicant to give additional information about the application;

(b)the applicant to pay to the chief executive the reasonable amount decided by the chief executive by way of contribution towards the costs of research and investigations necessary for deciding the application;

(c)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant does not give the chief executive the further information, documents or amount by the reasonable date stated in the notice, the application lapses.

282Criteria for deciding application for allocation of quarry material

(1)In deciding whether to grant or refuse the application or what should be the conditions of the allocation, the chief executive must consider the impact the removal of the quarry material will have on the long-term sustainable use of the watercourse or lake, including the following—

(a)the physical integrity of the watercourse or lake, including bed and bank stability;

(b)the condition of the watercourse or lake, including its ability to function naturally;

(c)the supply of sediments to estuaries and the sea from the watercourse or lake;

(d)the quarry material available in the watercourse or lake and any existing quarry material allocations in relation to the watercourse or lake.

(2) Subsection (1) does not stop the chief executive from considering other matters relevant to the removal of the material.

s 282 amd 2003 No. 25 s 87; 2006 No. 59 s 73; 2010 No. 53 s 186; 2014 No. 40 s 143

283Deciding application for allocation of quarry material

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant the application, with or without conditions.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant—

(a)notice of the decision; and

(b)if the chief executive grants all or part of the application, with or without conditions—an allocation notice in the approved form.

(4)The allocation notice—

(a)has effect from the day stated in the notice; and

(b)remains in force, unless sooner cancelled, suspended or surrendered, for the period decided by the chief executive but not more than 5 years.

s 283 amd 2003 No. 25 s 88; 2011 No. 40 s 72

284Selling allocation of State quarry material by auction or tender

(1)The chief executive may sell by auction or tender an allocation of State quarry material.

(2)In selling the allocation, the chief executive must consider the impact the removal of the quarry material will have on the long-term sustainable use of the watercourse or lake, including the matters mentioned in section 282.

(3)The chief executive must give the buyer an allocation notice.

(4)Sections 285 to 287 apply to the allocation notice.

285Content of allocation notices

Without limiting what may be included in an allocation notice, the notice must state—

(a)the quantity of quarry material for the allocation; and

(b)the maximum rate for extracting the quarry material.

286Conditions of allocation notices

An allocation notice is subject to—

(a)the condition that the allocation holder give to the chief executive, within 7 days after the end of each month, a written return in the approved form for all quarry material removed by the holder, in the month; and

(b)any other condition stated in the allocation notice.

287Financial assurance for allocation of quarry material

(1)Without limiting section 286 (b), the allocation of quarry material may be subject to a condition that the allocation holder give the chief executive financial assurance in the form, and for the reasonable amount, decided by the chief executive.

(2)The financial assurance must continue in force, until all the conditions of the allocation notice are complied with to the satisfaction of the chief executive.

288Transferring allocation of quarry material

(1)The allocation notice holder may apply to transfer all or part of the allocation to another person.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and

(c)accompanied by the fee prescribed under a regulation.

(3)Within 30 business days after receiving the application, the chief executive must—

(a)if the transfer is for all the allocation—approve the transfer; or

(b)if the transfer is for part of the allocation—

(i)approve the transfer, as applied for, with or without conditions; or

(ii)approve the transfer, as varied by the chief executive, with or without conditions; or

(iii)refuse the transfer.

(4)In making a decision under subsection (3) (b), the chief executive must consider the impact the transfer will have for the matters mentioned in section 282.

(5)Within 30 business days after deciding the application, the chief executive must—

(a)give the applicant and the transferee an information notice; and

(b)if the transfer is approved, with or without conditions—give the transferee a new allocation notice in accordance with the approval; and

(c)if the application was not to transfer all of an allocation—give the applicant an amended allocation notice for the part not transferred.

(6)The transfer has effect from the day the information notice is given.

s 288 amd 2001 No. 75 s 3 sch 2

289Renewing allocations of quarry material

(1)The allocation notice holder may apply to renew the allocation notice before it expires.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)Within 30 business days after receiving the application, the chief executive must—

(a)approve the renewal, as applied for, with or without conditions; or

(b)approve the renewal, as varied by the chief executive, with or without conditions; or

(c)refuse the renewal.

(4)In deciding whether to renew the allocation, the chief executive must consider the impact the renewal will have for the matters mentioned in section 282.

(5)Within 30 business days after deciding the application, the chief executive must give the applicant—

(a)an information notice; and

(b)if the renewal is approved, with or without conditions—a new allocation notice in accordance with the approval.

(6)A renewed allocation notice remains in force, unless sooner cancelled, suspended or surrendered, for the period of not more than 5 years decided by the chief executive.

s 289 amd 2011 No. 40 s 73

290Amending, suspending or cancelling allocation notice

(1)The chief executive may amend, suspend or cancel an allocation notice if the chief executive is satisfied, or reasonably believes—

(a)the allocation notice was granted in error or in consequence of a false or fraudulent document, statement or representation; or

(b)the allocation notice holder—

(i)is convicted of an offence against this Act; or

(ii)failed to comply with a condition of the allocation notice; or

(c)unforeseen degradation in the condition of the watercourse or lake requires the allocation notice to be amended, suspended or cancelled.

(2)An amendment under subsection (1) must not increase the quantity of material that may be extracted, the rate of extraction or the period for which the allocation notice has effect.

(3)Before amending, suspending or cancelling an allocation notice, the chief executive must give the holder a show cause notice inviting the holder to show cause, within the reasonable time stated in the notice, why the allocation notice should not be amended, suspended or cancelled.

291Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice

(1)In deciding whether to amend, suspend or cancel the allocation notice, the chief executive must consider any properly made submission about the proposed amendment, suspension or cancellation.

(2)If the chief executive is satisfied the allocation notice should be amended, suspended or cancelled, the chief executive must amend, suspend or cancel the allocation notice.

(3)If the chief executive is satisfied the allocation notice should not be amended, suspended or cancelled, the chief executive must give the holder a notice that the allocation notice will not be amended, suspended or cancelled.

(4)Within 30 business days after amending, suspending or cancelling the allocation notice, the chief executive must give the holder an information notice about the amendment, suspension or cancellation.

(5)The amendment, suspension or cancellation takes effect the day the holder is given the information notice.

(6)If the allocation notice is amended, the chief executive must give the holder an amended allocation notice.

(7)If the allocation notice is suspended, it is of no effect during the period of suspension and after the suspension remains in effect only for the period during which it would have been in effect but for the suspension.

(8)The suspension may be for the reasonable period the chief executive decides.

291ASurrendering allocation notice

(1)The allocation notice holder may surrender the allocation notice by giving the chief executive notice of its surrender.

(2)The surrender—

(a)takes effect on the day the notice is received by the chief executive; and

(b)does not affect in any way a requirement under this Act about the removal of quarry material imposed on the holder before the surrender.

s 291A ins 2011 No. 40 s 74

292Royalty or price for State quarry material

(1)For State quarry material removed under an allocation notice, royalty at the rate prescribed under a regulation or the price set for the sale is payable to the State in the way and at the times prescribed under the regulation or the sale.

(2)Royalty or the price payable and not paid is a debt due to the State.

(3)A person who fails to pay the royalty or the price payable commits an offence against this Act.

Maximum penalty—50 penalty units.

div 6 (s 293) ins 2014 No. 29 s 132A

293Continuation of quarry material extraction

(1)This section applies if—

(a)immediately before 7 May 2010—

(i)a person (the quarry operator) held an authority issued under an Act to extract quarry material from an area (the resource area); and

(ii)the quarry operator did not require another authority of any kind to be issued under this Act to extract the material from the resource area; and

(b)on 7 May 2010, the resource area became a part of a watercourse; and

(c)since the resource area became a part of a watercourse, the quarry operator has extracted material in the resource area under the relevant authority.

(2)It is declared, for the purposes of the relevant authority, that the resource area for the authority, from the day the authority was issued, is taken to have extended to the lower bank of the watercourse.

(3)It is further declared, for the purposes of the relevant authority, that the extraction of quarry material from the resource area on and from 7 May 2010 is lawful, and is taken to have always been lawful, to the same extent it would have been lawful if—

(a)the extraction was carried out immediately before 7 May 2010; and

(b)the declaration under subsection (2) had been made on the day the authority was issued.

(4)On the commencement, the quarry holder is authorised, without being the holder of an allocation notice, to continue to extract quarry material from the resource area under the holder’s relevant authority at the maximum rate stated in the authority.

(5)The extension of the resource area to the lower bank and the authorisation under subsection (4) end 5 years after the commencement.

(6)In this section—

commencement means the commencement of this section.

quarry material includes stone, gravel, sand, rock, clay, earth and soil, but does not include—

(a)minerals within the meaning of the Mineral Resources Act 1989 ; or

(b)topsoil, if quarry material is reserved in a deed of grant; or

(c)topsoil on a freeholding lease.

relevant authority—

(a)means the authority mentioned in subsection (1) (a) (i); and

(b)includes an authority, issued under an Act, that in substance replaces, or is a succeeding authority for, the authority mentioned in subsection (1) (a) (i).

div 6 (s 293) ins 2014 No. 29 s 132A

299Applying for water bore driller’s licence

(1)An individual may apply for a water bore driller’s licence.

(2)The application must—

(a)be made to the chief executive in the approved form; and

(b)state the class of licence prescribed under a regulation for which the applicant is applying; and

(c)state any licence endorsements, prescribed under a regulation, the applicant is applying for; and

(d)be supported by evidence that the applicant has the qualifications or experience prescribed under a regulation for a water bore driller; and

(e)be accompanied by the fee prescribed under a regulation.

300Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the applicant’s experience or history in the water bore drilling industry, including, for example if the applicant has—

(i)been convicted of an offence against this Act, the repealed Acts or an interstate law; or

(ii)held a licence to drill water bores that has been cancelled or suspended under this Act, the repealed Acts or an interstate law; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 300 amd 2005 No. 19 s 95

301Deciding application for water bore driller’s licence

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant the application.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding to grant all or part of the application, the chief executive must give the applicant a water bore driller’s licence in the approved form—

(a)for a particular class of licence; and

(b)with particular endorsements; and

(c)with or without conditions.

(4)If the application is refused or the licence given to the applicant is different, in any respect, from the licence applied for, the chief executive must give the applicant an information notice within 30 business days after deciding the application.

s 301 amd 2001 No. 75 s 63; 2003 No. 25 s 89

302Conditions of water bore driller’s licence

(1)The water bore driller’s licence is subject to the conditions—

(a)prescribed under a regulation, including the period for which the licence has effect; and

(b)the chief executive may impose for a particular licence.

(2)Without limiting subsection (1), the conditions may limit the types of equipment and drilling methods the licence holder may use.

s 302 amd 2001 No. 75 s 64

304Applying to amend water bore driller’s licence

(1)A licence holder may apply to amend a water bore driller’s licence, including to upgrade the licence.

(2)An application to amend the licence must be dealt with under division 1 as if it were an application for a licence.

s 304 amd 2013 No. 23 s 352 sch 1 pt 1

305Giving show cause notice about proposed amendment of water bore driller’s licence

(1) Subsection (2) applies if the chief executive is satisfied the licence holder is no longer competent to carry out water bore drilling activities authorised by the licence.

(2)The chief executive must give the holder a show cause notice as to why the licence should not be amended in the way stated in the notice.

306Deciding proposed amendment of water bore driller’s licence

(1)In deciding whether to proceed with the proposed amendment, the chief executive must consider any properly made submission about the proposed amendment.

(2)If the chief executive is satisfied the proposed amendment should be made the chief executive must, within 30 business days after the decision, give the holder an amended licence in the approved form and an information notice.

(3)If the holder agrees in writing to an amendment that is different from the amendment stated in the show cause notice, the chief executive must, within 30 business days after the agreement is received, give the holder an amended licence in the approved form.

(4)If the chief executive is not satisfied the amendment should be made, the chief executive must give the holder notice that the licence will not be amended.

(5)The amended licence takes effect from the day the holder is given the amended licence.

307Minor or stated amendments of water bore driller’s licence

The chief executive may amend the licence without complying with the provisions of this division about amending a licence if the amendment is only—

(a)to correct a minor error in the licence, or make another change that is not a change of substance; or

(b)if the licence states that an amendment of a stated type may be made to the licence by amendment under this section—to make an amendment of the stated type.

s 307 amd 2003 No. 25 s 91

308Renewing water bore driller’s licence

(1)The licence holder may apply to renew a water bore driller’s licence.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)made before the licence expires; and

(c)accompanied by the fee prescribed under a regulation.

(3)If the holder applies to renew the licence, the licence remains in force until the applicant has been notified of the chief executive’s decision on the application.

(4)After considering the application and any need to change the class, endorsements or conditions shown on the licence, if the chief executive is satisfied the application should be approved, the chief executive must—

(a)approve the application; or

(b)approve the application, subject to variation of the class, endorsements or conditions shown on the licence.

(5)If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application.

(6)If the chief executive refuses the application, or approves the application under subsection (4) (b), the chief executive must, within 30 business days after deciding the application, give the applicant an information notice.

(7)The chief executive, on approving the application, must give the holder a new licence in the approved form.

s 308 amd 2003 No. 25 s 92

308AReinstating expired water bore driller’s licence

(1)If a licence holder fails to renew a water bore driller’s licence, the holder may, within 30 business days after the licence expires, apply to have the licence reinstated.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)If an application for the reinstatement of a water bore driller’s licence is made, the expired licence is taken to have been in force from the day the application was made until the applicant has been notified of the chief executive’s decision on the application.

(4)For deciding the application, section 308 (4) to (7) applies—

(a)as if a reference in the section to the renewal of a licence were a reference to the reinstatement of a licence; and

(b)with any other necessary changes.

s 308A ins 2003 No. 25 s 93

309Suspending water bore driller’s licence

(1)The chief executive may suspend a water bore driller’s licence if the chief executive is satisfied the licence holder—

(a)has been convicted of an offence against this Act, the repealed Acts or an interstate law; or

(b)has carried out water bore drilling activities not permitted for the class of licence; or

(c)has failed to comply with the conditions of the licence; or

(d)has failed to comply with section 313.

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

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

(4)If the chief executive is satisfied the licence should be suspended, the chief executive must, within 30 business days after the decision, give the holder an information notice.

(5)If the chief executive is not satisfied the licence should be suspended, the chief executive must give the holder notice that the licence will not be suspended.

(6)The suspension takes effect from the day the information notice is given to the holder.

(7)If the licence is suspended, it is of no effect during the period of suspension.

310Cancelling water bore driller’s licence

(1)The chief executive may cancel a water bore driller’s licence if the chief executive is satisfied—

(a)the licence was granted or renewed in error or in consequence of a false or misleading representation or declaration (made either orally or in writing); or

(b)the holder—

(i)has been convicted of an offence against this Act, the repealed Acts or an interstate law; or

(ii)has carried out water bore drilling activities not permitted under the licence; or

(iii)has failed to comply with the conditions of the licence.

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

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

(4)If the chief executive is satisfied the licence should be cancelled, the chief executive must, within 30 business days after the decision, give the holder an information notice.

(5)If the chief executive is not satisfied the licence should be cancelled, the chief executive must give the holder notice that the licence will not be cancelled.

(6)The cancellation takes effect from the day the information notice is given to the holder.

311Production of licence to authorised officer

(1)This section applies if an authorised officer finds an individual in circumstances that lead, or has information that leads, the authorised officer to reasonably suspect the individual is—

(a)drilling, deepening, enlarging or casing a water bore; or

(b)removing, replacing, altering or repairing the casing, lining or screening of a water bore; or

(c)decommissioning a water bore.

(2)The authorised officer may require the individual to produce the individual’s water bore driller’s licence for the authorised officer’s inspection.

(3)If the individual holds a current water bore driller’s licence, the individual must comply with the requirement, unless the individual has a reasonable excuse.

Maximum penalty—50 penalty units.

(4)When making the requirement, the authorised officer must warn the individual it is an offence to fail to produce the licence, unless the individual has a reasonable excuse.

(5) Subsection (3) does not apply to the individual who is—

(a)carrying out an activity under the Mineral Resources Act 1989 if the activity would not result in a water bore being left as a functional bore for the supply of water at the end of the activity; or

(b)carrying out an activity under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 .

s 311 amd 2013 No. 23 s 295

312Failure to return suspended, cancelled or expired licence

(1) Subsection (2) applies if an individual’s water bore driller’s licence has been suspended, cancelled or has expired.

(2)The individual must, unless the individual has a reasonable excuse for not returning the licence, return the licence to the chief executive as soon as practicable (but within 15 business days) after—

(a)for the suspension of a licence—the day notice of the suspension was given to the individual; or

(b)for the cancellation of a licence—the day notice of the cancellation was given to the individual.

Maximum penalty for subsection (2)—50 penalty units.

(3)If a licence has been returned to the chief executive under subsection (2) because of suspension of the licence, the chief executive must return the licence to the individual at the end of the period of suspension.

313Records of water bores drilled

(1)A water bore driller’s licence holder must keep, in the approved form, information prescribed under a regulation about any activity the holder may carry out under this Act.

(2)The holder must record the information as each water bore is being drilled.

Maximum penalty—50 penalty units.

(3)The holder must give to the chief executive a copy of the information about each water bore within 60 business days after the day the drilling of the water bore starts.

Maximum penalty for subsection (3)—50 penalty units.

s 313 amd 2013 No. 23 s 296

314Replacing lost or destroyed water bore driller’s licence

(1)If a water bore driller’s licence has been lost or destroyed, the licence holder may apply to the chief executive for a replacement licence.

(2)The application must be—

(a)in writing; and

(b)accompanied by the fee prescribed under a regulation.

(3)If the holder complies with subsection (2) the chief executive must give the holder a replacement licence.

326Purpose of pt 11

(1)Under this part, the chief executive may grant an operations licence for a single operation for the taking water by a person as an agent for 2 or more water entitlement holders.

(2)An operations licence—

(a)must state the water entitlements to which the licence relates; and

(b)must state the volumes, rates and times when the water may be taken; and

(c)may be transferred, amended, suspended or cancelled.

327Application of pt 11

This part applies to water entitlements not managed under a resource operations licence.

328Applying for operations licence

(1)A person may apply for an operations licence.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the written consent of the relevant entitlement holders; and

(c)supported by sufficient information to enable the chief executive to decide the application; and

(d)accompanied by the fee prescribed under a regulation.

329Additional information may be required

The chief executive may require—

(a)the applicant to give additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

330Criteria for deciding application for operations licence

In deciding whether to grant or refuse the application or what should be the conditions of the operations licence, the chief executive—

(a)must consider the application and additional information given in relation to the application; and

(b)may consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law.

331Deciding application for operations licence

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application, with or without conditions.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must—

(a)give the applicant an information notice about the decision; and

(b)give the relevant entitlement holders notice of the decision.

(4)If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application—

(a)give the applicant an operations licence in the approved form; and

(b)give the relevant entitlement holders notice that the application was granted and that the holder must not take water under the entitlement.

(5)The licence has effect from the day the information notice is given to the applicant.

(6)From the day the licence has effect, a holder of an entitlement mentioned in the licence must not take water under the entitlement.

s 331 amd 2003 No. 25 s 94

332Conditions of operations licence

(1)The operations licence is subject to the conditions—

(a)prescribed under a regulation; and

(b)the chief executive may impose for a particular licence.

(2)Without limiting subsection (1), the conditions may require the licensee to do all or any of the following—

(a)install a measuring device to measure the volume of water taken, the rate at which it is taken and the time it is taken;

(b)give relevant information reasonably required by the chief executive for the administration or enforcement of this Act.

333Amending operations licences on application of licensee

(1)The licensee may apply to amend an operations licence.

(2)The application to amend the licence must be dealt with under sections 328 to 332 as if it were an application for a licence.

334Giving show cause notice about proposed amendment of operations licence

(1)The chief executive may amend an operations licence if the chief executive is satisfied the licence should be amended.

(2)Before the chief executive acts under subsection (1), the chief executive must give the licensee a show cause notice about the proposed amendment.

(3)In deciding whether to amend the licence, the chief executive must consider any properly made submission about the proposed amendment.

(4)If the chief executive is satisfied the proposed amendment should be made, the chief executive must, within 30 business days after the decision, give the licensee an amended licence in the approved form and an information notice.

(5)If the chief executive is not satisfied the amendment should be made, the chief executive must give the licensee notice that the licence will not be amended.

(6)The amended licence takes effect from the day the information notice is given to the licensee.

335When chief executive must amend operations licence

(1) Subsection (2) applies if—

(a)a water entitlement holder gives the chief executive notice in the approved form that the holder no longer wishes the holder’s water to be taken under the operations licence; or

(b)a water entitlement holder ceases to be a water entitlement holder.

(2)The chief executive must—

(a)amend an operations licence; and

(b)give the licensee a copy of the notice received under subsection (1) (a) and an amended licence in the approved form; and

(c)advise the entitlement holder of the action taken.

(3)The amended licence takes effect from the day stated in the amended licence.

(4)Unless the licensee otherwise consents, the day stated in the amended licence must not be earlier than 5 business days after the day the chief executive gives the licensee an amended licence.

(5)If subsection (2) applies because of subsection (1) (b), the amendment may, with the consent of the new entitlement holder and the licensee, include the new holder instead of the previous holder.

336Minor amendment of operations licence

(1)The chief executive may amend the operations licence without complying with the provisions of this division about amending a licence if the amendment is only to correct a minor error in the licence, or make another change that is not a change of substance.

(2)If the chief executive amends a licence under subsection (1), the chief executive must give the licensee an amended licence in the approved form.

337Transferring operations licence

(1)The licensee may apply to transfer the operations licence.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)Within 30 business days after receiving the application, the chief executive must give the transferee a new licence on conditions that have the same effect as the licence being transferred, other than for the change of name of the licensee.

338Surrendering operations licence

(1)A licensee may surrender an operations licence by giving the chief executive a notice of surrender.

(2)The surrender—

(a)takes effect on the date on which the surrender notice is received by the chief executive; and

(b)does not affect in any way a duty under this Act about works imposed on the licensee before the surrender.

339Cancelling operations licence

(1)The chief executive may cancel an operations licence if the chief executive is satisfied the licence should be cancelled.

(2) Section 334 applies to the cancellation—

(a)as if a reference in the section to an amendment of the licence were a reference to the cancellation of the licence; and

(b)with any other necessary changes.

ch hdg ins 2006 No. 23 s 9

pt hdg ins 2006 No. 23 s 9

340Main purpose of ch 2A and its achievement

(1)The main purpose of this chapter is to ensure the delivery of sustainable and secure water supply and demand management for the SEQ region and designated regions.

(2)The purpose is achieved by—

(a)providing for the desired level of service objectives for water security in the SEQ region and designated regions; and

(b)requiring the bulk water supply authority and water service providers for designated regions to have a water security program including plans and strategies to facilitate the achievement of the desired level of service objectives; and

(c)optimising an efficient and reliable supply of water for the SEQ region by providing for the making of—

(i)agreements for the supply of bulk services between SEQ bulk suppliers and bulk water customers; and

(ii)a code to decide costs and prices and to regulate the way in which entities supply bulk services.

s 340 ins 2006 No. 23 s 9

amd 2007 No. 57 s 71; 2008 No. 34 s 697; 2012 No. 39 s 50

341What is the SEQ region

(1)The SEQ region is—

(a)the local government areas of the following local governments—

•Brisbane City Council

•Gold Coast City Council

•Ipswich City Council

•Lockyer Valley Regional Council

•Logan City Council

•Moreton Bay Regional Council

•Noosa Shire Council

•Redland City Council

•Scenic Rim Regional Council

•Somerset Regional Council

•Sunshine Coast Regional Council; and

(b)any local government area, or part of a local government area, adjacent to a local government area mentioned in paragraph (a) and designated by gazette notice.

(2)The SEQ region also includes Queensland waters adjacent to any of the local government areas mentioned in subsection (1).

s 341 ins 2006 No. 23 s 9

amd 2007 No. 59 s 145; 2014 No. 51 s 10

pt hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

div hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

342Designation of regions

(1)A regulation may designate a part of the state other than the SEQ region as a designated region for this part.

(2)Before recommending the making of a regulation under subsection (1), the Minister must—

(a)have regard to—

(i)the geography, society and economy of the proposed designated region; and

(ii)water users and potential water users in the proposed designated region; and

(b)consider options for achieving water security for the proposed designated region; and

(c)consult with each local government whose local government area is wholly or partly in the proposed designated region.

(3)The Minister may carry out the consultation in any way the Minister considers appropriate.

s 342 ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

343Nomination of water service providers

(1)This section applies if there is more than 1 water service provider for a designated region.

(2)A regulation may nominate 1 or more of the water service providers as a water service provider (a nominated water service provider) for the designated region or a part of the region for this part.

s 343 ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

div hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

344Desired level of service objectives

(1)A regulation may prescribe—

(a)the desired level of service objectives for water security for the SEQ region, or part of the SEQ region; or

(b)the desired level of service objectives for water security for a designated region, or part of the designated region.

(2)The Minister may recommend to the Governor in Council a regulation under subsection (1) only if the Minister is satisfied sections 345 and 346 have been complied with for the regulation.

(3)However, the Minister may recommend to the Governor in Council a regulation under subsection (1) that is only to correct a minor error or make another change that is not a change of substance even though only section 345 has been complied with for the regulation.

(4)Without limiting subsection (1), the desired level of service objectives for water security include the duration, frequency and severity of water restrictions that may be expected by end users of the water.

s 344 ins 2006 No. 23 s 9

amd 2009 No. 9 s 136 sch 1

sub 2012 No. 39 s 51

345Public notice about proposed desired level of service objectives

(1)Before a regulation is made under section 344 to prescribe the desired level of service objectives for water security for the SEQ region, a designated region or a part of the SEQ region or a designated region, the chief executive must publish a notice about the regulation.

(2)The notice must state the following—

(a)that the desired level of service objectives for water security (the proposed desired level of service objectives) are to be prescribed;

(b)the region or the part of the region for which the proposed desired level of service objectives for water security are to apply;

(c)a description of the proposed desired level of service objectives;

(d)that written submissions may be made by any entity about the proposed level of service objectives;

(e)the day by which submissions must be made and the person to whom, and the place where, the submissions must be made.

(3)The day stated under subsection (2) (e) must not be earlier than 28 business days after the day the notice is published.

(4)The chief executive must give a copy of the notice to the following—

(a)if the proposed desired level of service objectives are for the SEQ region or part of the SEQ region—the bulk water supply authority;

(b)if the proposed desired level of service objectives are for a designated region or part of a designated region—

(i)if there is a nominated water service provider for the region—the nominated water service provider; or

(ii)otherwise—each water service provider for the designated region.

(5)The chief executive may—

(a)give a copy of the notice to any other entity the chief executive considers appropriate; and

(b)publish a copy of the notice on the department’s website.

s 345 ins 2006 No. 23 s 9

sub 2010 No. 53 s 187

amd 2011 No. 33 s 32; 2012 No. 29 s 17

sub 2012 No. 39 s 51

346Chief executive must consider properly made submissions

(1)The chief executive must consider all properly made submissions about the proposed desired level of service objectives.

(2)If, after considering all properly made submissions, the chief executive is satisfied that the proposed desired level of service objectives should be revised, the chief executive may revise the proposed desired level of service objectives (the revised proposed objectives).

(3)If the chief executive decides to revise the proposed desired level of service objectives, section 345 and subsections (1) and (2) apply in relation to the revised proposed objectives as if a reference in the section or subsections to the proposed desired level of service objectives were a reference to the revised proposed objectives.

(4)However, this section does not apply to a regulation to amend the desired level of service objectives for water security if the amendment is only to correct a minor error or make another change that is not a change of substance.

s 346 ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

347Report on desired level of service objectives

(1)If a regulation prescribes desired level of service objectives for water security for the SEQ region, a designated region or a part of the SEQ region or a designated region, the chief executive must prepare a report about the desired level of service objectives for water security for the region or the part of the region.

(2)The report must include—

(a)a summary of issues raised in properly made submissions about the desired level of service objectives; and

(b)a summary of how the issues raised in the submissions have been addressed by the chief executive.

s 347 ins 2006 No. 23 s 9

amd 2010 No. 53 s 188

sub 2012 No. 39 s 51

348Review of desired level of service objectives

If a regulation prescribes desired level of service objectives for water security, the chief executive must review the objectives at least every 5 years.

s 348 ins 2006 No. 23 s 9

sub 2009 No. 18 s 4; 2012 No. 39 s 51

div hdg ins 2006 No. 23 s 9

sub 2009 No. 18 s 3 sch; 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

349Definition for div 3

In this division—

designated water security entity means—

(a)the bulk water supply authority; or

(b)a water service provider required to have a water security program under section 351 or 352.

s 349 ins 2006 No. 23 s 9

amd 2009 No. 18 s 3 sch; 2009 No. 46 s 130; 2010 No. 53 s 189

sub 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

350Bulk water supply authority to have water security program

The bulk water supply authority must have a water security program complying with section 353 to facilitate the achievement of the desired level of service objectives for water security for the SEQ region or each part of the SEQ region.

Maximum penalty—1665 penalty units.

s 350 ins 2006 No. 23 s 9

amd 2009 No. 18 s 3 sch

sub 2012 No. 39 s 51

351Nominated water service providers to have water security program

A nominated water service provider for a designated region or part of a designated region must have a water security program complying with section 353 to facilitate the achievement of the desired level of service objectives for water security for the designated region or the part of the designated region.

Maximum penalty—1665 penalty units.

s 351 ins 2006 No. 23 s 9

amd 2009 No. 18 s 3 sch

sub 2012 No. 39 s 51

352Particular water service providers to have water security program

(1)This section applies if there is no nominated water service provider for a designated region.

(2)A water service provider for the designated region or part of the designated region must have a water security program complying with section 353 to facilitate the achievement of the desired level of service objectives for water security for the designated region or the part of the designated region.

Maximum penalty—1665 penalty units.

s 352 ins 2006 No. 23 s 9

amd 2009 No. 18 s 3 sch

sub 2012 No. 39 s 51

353Content of water security program

(1)A water security program must include information about a designated water security entity’s arrangements, strategies or measures for—

(a)operating the designated water security entity’s assets for providing water services in the region or part of the region to which the water security program relates; and

(b)addressing future infrastructure needs, including building new infrastructure or augmenting existing infrastructure; and

(c)managing the infrastructure relevant to the designated water security entity’s operations; and

(d)managing demand for water; and

(e)responding to drought conditions; and

(f)any other matter prescribed under a regulation.

(2)The chief executive may make guidelines to provide information and guidance to a designated water security entity about the content of a water security program.

(3) Subsections (1) and (2) do not limit what may be included in a water security program.

(4)A water security program may comprise 1 or more existing documents that comply with the requirements of this section.

s 353 ins 2006 No. 23 s 9

amd 2009 No. 18 s 3 sch

sub 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

354Preparing draft water security program

A designated water security entity must prepare a draft water security program.

s 354 ins 2006 No. 23 s 9

sub 2009 No. 18 s 5; 2012 No. 39 s 51

355Consultation for draft water security program

(1)In preparing the draft water security program, the designated water security entity must make reasonable endeavours to consult with each of the designated water security entity’s customers likely to be affected by the water security program.

(2)A failure to comply with subsection (1) does not invalidate or otherwise affect the program.

s 355 ins 2006 No. 23 s 9

sub 2009 No. 18 s 5; 2012 No. 39 s 51

356Chief executive to review draft water security program

(1)After preparing the draft water security program, the designated water security entity must give the chief executive the draft water security program.

(2)The chief executive must review the draft water security program and decide whether to recommend changes to the draft water security program.

(3)If the chief executive decides not to recommend changes, the chief executive must give the designated water security entity notice of the decision within 30 days after receiving the draft water security program.

s 356 ins 2006 No. 23 s 9

sub 2009 No. 18 s 5; 2012 No. 39 s 51

357Special procedures for draft water security program if changes recommended

(1)This section applies if the chief executive decides to recommend a change, other than a change to correct a minor error or another change that is not a change of substance, to the draft water security program.

(2)Within 30 days after receiving the draft water security program, the chief executive must give the designated water security entity notice of the decision and request it to—

(a)consider, or further consider, any matter and deal with the matter in the draft program; and

(b)revise the draft program in the light of its consideration or further consideration.

(3)Within 14 days after receiving the notice, the designated water security entity must consider the request and decide whether to revise the draft program.

(4)If the designated water security entity decides to revise the draft water security program, the designated water security entity must prepare a revised draft water security program within 14 days after making the decision.

(5)If the designated water security entity prepares a revised draft water security program, section 356 and this section apply—

(a)as if a reference in the subdivision to a draft water security program were a reference to the revised draft water security program; and

(b)with any other necessary changes.

(6)If the designated water security entity decides not to revise the draft water security program, the designated water security entity must, within 14 days after making the decision, give the chief executive notice of the decision and the reasons for the decision.

s 357 prev s 357 ins 2006 No. 23 s 9

om 2009 No. 18 s 5

pres s 357 ins 2010 No. 20 s 83

sub 2012 No. 39 s 51

358Finalisation and publication of water security program

(1)This section applies if—

(a)the chief executive gives the designated water security entity a notice under section 356 (3); or

(b)the designated water security entity gives the chief executive a notice under section 357 (6).

(2)The designated water security entity may finalise the water security program.

(3)As soon as practicable after finalising the water security program, the designated water security entity must publish the program on its website.

(4)The water security program does not have effect until it is published under subsection (3).

(5)Despite subsection (3), the designated water security entity may decide not to publish or allow inspection of any part of the water security program the designated water security entity is reasonably satisfied contains sensitive security information.

s 358 prev s 358 ins 2006 No. 23 s 9

om 2009 No. 18 s 5

pres s 358 ins 2010 No. 20 s 83

sub 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

359Review of water security program

(1)A designated water security entity must review its water security program at least every 5 years.

(2)The designated water security entity must also review its water security program if there is a significant change in any matter affecting, or likely to affect, the achievement of the desired level of service objectives for water security.

s 359 prev s 359 ins 2006 No. 23 s 9

om 2009 No. 18 s 5

pres s 359 ins 2010 No. 20 s 83

sub 2012 No. 39 s 51

360Amendment of water security program

(1)A designated water security entity may amend its water security program.

(2)The designated water security entity must amend its water security program if—

(a)the designated water security entity considers it reasonably necessary to amend the program as a result of a review under section 348; or

(b)the chief executive directs the designated water security entity to amend the program.

s 360 prev s 360 ins 2006 No. 23 s 9

om 2009 No. 18 s 5

pres s 360 ins 2010 No. 20 s 83

sub 2012 No. 39 s 51

360AProcedure for amending water security program

(1)For amending a water security program, subdivision 3 applies—

(a)as if a reference in the subdivision to a draft water security program were a reference to the draft amendments of the water security program; and

(b)with any other necessary changes.

(2)However, subsection (1) does not apply if the amendment is only to correct a minor error in the water security program or make another change that is not a change of substance.

s 360A prev s 360A ins 2006 No. 23 s 9

om 2009 No. 18 s 5

pres s 360A ins 2010 No. 20 s 83

sub 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

360BDesignated water security entity not required to prepare drought management plan under Water Supply Act

(1)This section applies to a designated water security entity if the entity has a water security program for the SEQ region, a designated region or part of the SEQ region or designated region.

(2)Despite the Water Supply Act, section 123, the designated water security entity is not required to have a drought management plan under that Act for the region or the part of the region.

s 360B ins 2006 No. 23 s 9

amd 2009 No. 18 s 6

sub 2010 No. 20 s 84; 2012 No. 39 s 51

pt hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

div hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360CDefinitions for pt 3

In this part—

agreement amendment see section 360H (2).

bulk services means each of the following—

(a)a water service or a part of a water service;

(b)a service relating to the supply of water.

bulk water customer means—

(a)an SEQ service provider; or

(b)an entity declared under a regulation to be a bulk water customer for this part.

bulk water party means—

(a)a bulk water customer; or

(b)an SEQ bulk supplier.

bulk water supply agreement see section 360G (1).

bulk water supply code see section 360M (1).

code-regulated entity means—

(a)a bulk water party; or

(b)an entity declared under a regulation to be a code-regulated entity for this part.

emergency plan means a plan of a type the bulk water supply code states is required to be made by a code-regulated entity for an emergency related to water.

mandatory term see section 360G (2) (a).

SEQ bulk supplier means—

(a)the bulk water supply authority; or

(b)an entity declared under a regulation to be an SEQ bulk supplier for this part.

s 360C ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360DOperation of pt 3

This part provides for the following to optimise the efficient and reliable supply of water for the SEQ region—

(a)the preparation of agreements for the supply of bulk services between SEQ bulk suppliers and bulk water customers;

(b)the making of a code to—

(i)decide costs and prices; and

(ii)regulate the way in which entities supply bulk services.

s 360D ins 2006 No. 23 s 9

amd 2011 No. 40 s 75

sub 2012 No. 39 s 51

360EApplication of pt 3

This part applies to bulk services whether or not the bulk services are supplied in the SEQ region.

s 360E ins 2006 No. 23 s 9

amd 2010 No. 53 s 190

sub 2012 No. 39 s 51

360FObtaining information

(1)For this part, the chief executive may give the bulk water supply authority a notice requiring information about 1 or more of the following—

(a)demand for bulk services from bulk water customers;

(b)operating arrangements for the authority’s assets or infrastructure;

(c)the costs or revenue of the authority for bulk services;

(d)other information the chief executive reasonably requires for the administration of this part.

(2)The notice—

(a)may be given at any time; and

(b)must state the reasonable time by which the information must be given to the chief executive; and

(c)may require the information for 1 or more of the following—

(i)a particular period of time;

(ii)each bulk water customer or class of bulk water customer;

(iii)a local government area or part of a local government area.

(3)The bulk water supply authority must comply with the notice, unless it has a reasonable excuse.

Maximum penalty—200 penalty units.

s 360F ins 2006 No. 23 s 9

amd 2010 No. 53 s 191

sub 2012 No. 39 s 51

div hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360GMaking agreement

(1)The Minister may make a document (a bulk water supply agreement), in the form of a contract, providing for the supply of bulk services, stated in the document, between an SEQ bulk supplier, named in the document, and a bulk water customer, named in the document.

(2)A bulk water supply agreement may include—

(a)terms that must not be amended (each a mandatory term); and

(b)terms that may be amended by the bulk water parties named in the agreement.

(3)A bulk water supply agreement has effect as a contract between each bulk water party named in the agreement on the day the agreement is made by the Minister.

(4)A bulk water supply agreement has effect as a contract whether or not—

(a)it is executed by each bulk water party named in the agreement, other than to the extent an amendment to the agreement must be executed under section 360H; or

(b)an amount payable for the supply of bulk services is provided for under the agreement.

s 360G ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360HBulk water party may amend non-mandatory terms of agreement

(1)A bulk water party for a bulk water supply agreement may amend the agreement, including by adding a term to the agreement, to the extent the amendment does not conflict with a mandatory term of the agreement.

(2)An amendment to a bulk water supply agreement (an agreement amendment) must be—

(a)executed by each bulk water party for the agreement; and

(b)given to the Minister as soon as practicable after the amendment has been executed.

(3)An agreement amendment takes effect on the day it is executed under subsection (2) (a).

s 360H ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360IMinister’s direction about agreement amendment

(1)The Minister may direct a bulk water party for a bulk water supply agreement to change an agreement amendment if the Minister considers the agreement amendment conflicts with a mandatory term of the bulk water supply agreement.

(2)Before giving a direction under subsection (1), the Minister must—

(a)within 2 months after the day the Minister receives the agreement amendment, give each bulk water party for the bulk water supply agreement a notice stating—

(i)the reasons why the Minister considers the agreement amendment conflicts with a mandatory term; and

(ii)that the bulk water party may, within the period of at least 10 business days stated in the notice, make a submission to the Minister about the agreement amendment and the reasons mentioned in subparagraph (i); and

(b)consider any submissions made by a bulk water party under paragraph (a).

(3)If the Minister gives a direction under subsection (1), the agreement amendment is taken never to have had effect.

s 360I ins 2006 No. 23 s 9

sub 2010 No. 20 s 85; 2012 No. 39 s 51

360JOffence to fail to comply with Minister’s direction about agreement amendment

A bulk water party must comply with a direction given to it by the Minister under section 360I.

Maximum penalty—1665 penalty units.

s 360J ins 2006 No. 23 s 9

amd 2007 No. 57 s 72; 2008 No. 34 s 698

sub 2012 No. 39 s 51

360KRecord of bulk water supply agreements

The chief executive must keep a copy of each agreement and each agreement amendment made under this part, as in force from time to time.

s 360K ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360LLiability of bulk water parties

(1)A bulk water party is not civilly liable to another bulk water party (a relevant entity) for any consequential loss suffered by the relevant entity arising out of, or in relation to, an act or omission, including a negligent act or omission, of the bulk water party in the performance of, or in a failure to perform, its functions under this Act or its obligations—

(a)other than to the extent that the consequential loss was caused, or contributed to, by the wilful default of the bulk water party; or

(b)if the bulk water party recovers compensation from an entity in relation to the consequential loss suffered by the relevant entity—other than to the extent of the net compensation amount.

(2)To remove any doubt, it is declared that—

(a)nothing in this section is taken—

(i)to create a cause of action against a bulk water party; or

(ii)to limit the liability of the bulk water party to an entity for a claim for personal injury suffered by the entity; and

(b)to the extent that an act or omission of a bulk water party is inconsistent with a contract, in force immediately before the commencement of this section, to which the bulk water party and a relevant entity are parties, the bulk water party’s liability to the relevant entity is limited by subsection (1).

(3)A bulk water party may, in a contract, expressly vary or exclude the operation of subsection (1) in relation to the liability of the bulk water party to another party to the contract.

(4) Subsection (1) does not apply to a bulk water party to the extent that a contract mentioned in subsection (3) expressly varies or excludes its operation in relation to the other party to the contract.

(5)In this section—

consequential loss includes the following—

(a)any loss of anticipated or actual revenue or profits;

(b)loss of use of equipment;

(c)business interruption or a failure to realise anticipated savings;

(d)loss of data;

(e)downtime costs or wasted overheads;

(f)loss of goodwill or business opportunity;

(g)punitive or exemplary damages;

(h)any special or indirect loss or damage of any nature whatsoever.

function includes power.

net compensation amount, for compensation recovered by a bulk water party, means the compensation less an amount that represents any loss suffered by the bulk water party in relation to the consequential loss and any costs incurred in recovering the compensation.

obligations, of a bulk water party, means the bulk water party’s obligations under the following—

(a)the bulk water supply code or operating protocols;

(b)a bulk water supply agreement in which the bulk water party is named as a party;

(c)an instrument made, or direction given, under the bulk water supply code or operating protocols.

operating protocols means the operating protocols made under the bulk water supply code.

perform includes purport to perform.

wilful default, by a bulk water party, includes—

(a)any fraudulent conduct, including concealment; and

(b)any criminal conduct; and

(c)any intentional or reckless breach of, or failure to remedy a breach of, the bulk water party’s obligations.

s 360L sub 2012 No. 39 s 51

div hdg ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

360MMinister’s power to make code

(1)Subject to subdivision 2, the Minister may make a code (the bulk water supply code) for the SEQ region about the supply of bulk services by a code-regulated entity.

(2)The bulk water supply code applies to each code-regulated entity whether or not the entity supplies bulk services under a bulk water supply agreement.

(3)The bulk water supply code is a statutory instrument under the Statutory Instruments Act 1992 but is not subordinate legislation.

s 360M ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360NContent of code—costs and prices

(1)The bulk water supply code may establish principles for deciding the following categories of costs and prices—

(a)the bulk water cost;

(b)the bulk water price;

(c)the other user price.

(2)The bulk water cost is the cost for the bulk water supply authority to supply bulk services.

(3)The bulk water price is the price the bulk water supply authority may charge an SEQ service provider for the supply of bulk services.

(4)The other user price is the price the bulk water supply authority may charge a bulk water customer, other than an SEQ service provider, for the supply of bulk services.

s 360N ins 2006 No. 23 s 9

amd 2007 No. 57 s 73; 2008 No. 34 ss 699, 666 sch 2; 2009 No. 36 s 872 sch 2

sub 2012 No. 39 s 51

360OContent of code—general

The bulk water supply code may include the following—

(a)the rights and obligations of a code-regulated entity under the code;

(b)operating requirements for a code-regulated entity;

(c)requirements to make or comply with an emergency plan;

(d)the principles for the supply of bulk services by an SEQ service provider to the bulk water supply authority, including the principles for the bulk water supply authority to pay a charge for the bulk services;

(e)provision for an entity to give advice to the Minister about—

(i)the principles mentioned in paragraph (d); or

(ii)costs or prices under the code; or

(iii)any other thing that may affect costs or prices under the code;

(f)the way in which an entity to which paragraph (e) applies may investigate a matter under the code;

(g)whether any part of the code may be amended without consultation;

(h)any other thing the Minister considers appropriate to facilitate the supply of bulk services.

s 360O ins 2006 No. 23 s 9

amd 2008 No. 34 s 700

sub 2012 No. 39 s 51

360PWhen code takes effect

(1)The Minister must notify the making of the bulk water supply code.

(2)The notice made under subsection (1) is subordinate legislation.

(3)The bulk water supply code takes effect—

(a)on the day the Minister’s notice is notified; or

(b)if a later day is stated in the Minister’s notice—on that day.

s 360P ins 2006 No. 23 s 9

amd 2008 No. 34 s 701

sub 2012 No. 39 s 51

amd 2013 No. 39 s 110 (2) sch 3 pt 2

360QTabling of code

(1)Within 21 days after the bulk water supply code or an amendment of the code takes effect, the Minister must table a copy of the code or the amendment in the Legislative Assembly.

(2)The copy is tabled for information only.

(3)A failure to table a copy does not affect the bulk water supply code’s ongoing effect.

s 360Q ins 2006 No. 23 s 9

amd 2008 No. 34 s 702

sub 2012 No. 39 s 51

360RPublication of code

The chief executive must publish the bulk water supply code, as in force from time to time, on the department’s website.

s 360R ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360SCompliance with code

A code-regulated entity must not contravene a provision of the bulk water supply code.

Maximum penalty—

(a)for contravention of a provision about making or complying with an emergency plan—1665 penalty units; or

(b)otherwise—200 penalty units.

s 360S ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

360TCivil liability not affected by code

(1)Compliance or noncompliance with the bulk water supply code does not—

(a)create a civil cause of action based on the compliance or noncompliance; or

(b)affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1) (b), compliance with the bulk water supply code does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

s 360T ins 2006 No. 23 s 9

amd 2008 No. 34 s 703; 2010 No. 20 s 86

sub 2012 No. 39 s 51

sdiv hdg ins 2012 No. 39 s 51

360UConsultation for code

(1)If the Minister proposes to make or amend the bulk water supply code, the Minister must consult with each code-regulated entity affected by the proposed code or amendment.

(2)For subsection (1), the Minister must ensure that each code-regulated entity is given a reasonable opportunity to make submissions to the Minister about the proposed code or amendment.

(3)However, the Minister may amend the bulk water supply code without consultation if the Minister proposes to—

(a)correct a minor error in the code; or

(b)make an amendment of a type the code states may be made without consultation.

s 360U ins 2006 No. 23 s 9

sub 2012 No. 39 s 51

div hdg ins 2012 No. 39 s 51

360VSupply under bulk water supply agreement

(1)The supply of bulk services, other than the supply of an exempt water service, may be made only under a bulk water supply agreement between an SEQ bulk supplier and a bulk water customer for the bulk services.

(2)In this section—

exempt water service means a water service declared under a regulation to be exempt from requiring a bulk water supply agreement for the supply of the water service.

s 360V ins 2006 No. 23 s 9

amd 2008 No. 34 s 704

sub 2012 No. 39 s 51

360WMinister may decide cost or price

(1)The Minister may, under the principles in the bulk water supply code, decide a cost or price mentioned in section 360N for a particular period.

(2)Before deciding a cost or price, the Minister may seek advice from an entity nominated to provide advice about costs or prices to the Minister under the bulk water supply code.

(3)The Minister must consider any advice given by an entity under subsection (2) before deciding a cost or price.

(4)A decision of the Minister under subsection (1) has effect on the day decided by the Minister and stated in the notice mentioned in subsection (5) (a).

(5)The Minister must, as soon as practicable—

(a)give notice of the Minister’s decision to each code-regulated entity affected by the decision; and

(b)amend each bulk water supply agreement affected by the decision.

(6)If a cost or price decided by the Minister for the supply of bulk services is inconsistent with the cost or price for the bulk services under a bulk water supply agreement, the cost or price decided by the Minister prevails to the extent of any inconsistency.

(7)If the Minister does not intend to decide a cost or price under subsection (1), the Minister must give a notice to each SEQ bulk supplier advising—

(a)that the SEQ bulk supplier may decide the cost or price under the principles in the bulk water supply code; and

(b)the period for which the SEQ bulk supplier may decide the cost or price.

(8)The notice under subsection (7) must be given at least 4 months before the period under subsection (7) (b) starts.

s 360W ins 2006 No. 23 s 9

amd 2006 No. 59 s 76; 2007 No. 57 s 74; 2008 No. 34 s 705

sub 2012 No. 39 s 51

360XAmended cost or price

(1)The Minister may, at any time, amend a cost or price decided by the Minister under section 360W (1).

(2) Section 360W (2) to (6) applies for amending a cost or price as if a reference in the subsections to a decision for a cost or price were a reference to a decision for an amended cost or price.

s 360X ins 2006 No. 23 s 9

amd 2008 No. 34 s 706

sub 2012 No. 39 s 51

360YLimitation of review

(1)Unless there is a determination by the Supreme Court that a decision of the Minister under section 360W or 360X is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)In this section—

decision includes a decision or conduct leading up to or forming part of the process of making a decision.

s 360Y ins 2006 No. 23 s 9

amd 2007 No. 57 s 75; 2008 No. 34 s 707

sub 2012 No. 39 s 51

360ZMinister’s direction about bulk services supplied by SEQ service provider

(1)This section applies if—

(a)an SEQ service provider supplies bulk services to the bulk water supply authority under a bulk water supply agreement; and

(b)the SEQ service provider and the bulk water supply authority can not agree, under the terms of the bulk water supply agreement, about a matter relating to the supply of, or the charge for, the bulk services.

(2)The Minister may, under the principles in the bulk water supply code, give the SEQ service provider or the bulk water supply authority a direction about 1 or both of the following—

(a)the supply of bulk services by the SEQ service provider to the bulk water supply authority, including a direction to the SEQ service provider to give the bulk water supply authority access to infrastructure owned by the SEQ service provider;

(b)the charge payable for bulk services supplied by the SEQ service provider to the bulk water supply authority.

(3)The SEQ service provider or the bulk water supply authority must comply with a direction given to it by the Minister under subsection (2).

Maximum penalty—1665 penalty units.

s 360Z ins 2006 No. 23 s 9

amd 2007 No. 57 s 76; 2008 No. 34 s 708; 2010 No. 20 s 87

sub 2012 No. 39 s 51

ch hdg prev ch 3 hdg om 2008 No. 34 s 714

pres ch 3 hdg ins 2010 No. 53 s 195

pt hdg prev pt 1 hdg om 2008 No. 34 s 714

pres pt 1 hdg ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

361Purpose of ch 3

(1)The purpose of this chapter is to provide for the management of impacts on underground water caused by the exercise of underground water rights by petroleum tenure holders.

(2)This purpose is achieved primarily by—

(a)providing a regulatory framework to—

(i)require petroleum tenure holders to monitor and assess the impact of the exercise of underground water rights on water bores and to enter into make good agreements with the owners of the bores; and

(ii)require the preparation of underground water impact reports that establish underground water obligations, including obligations to monitor and manage impacts on aquifers and springs; and

(ii)manage the cumulative impacts of the exercise of 2 or more petroleum tenure holders’ underground water rights on underground water; and

(b)giving the chief executive and the office functions and powers for managing underground water.

s 361 prev s 361 om 2008 No. 34 s 714

pres s 361 ins 2010 No. 53 s 195

amd 2012 No. 39 s 52

362Definitions for ch 3

In this chapter—

authorised use or purpose, of water, means the use or purpose for which the taking of the water is authorised under this Act.

baseline assessment see section 394.

bore owner, of a water bore, means the owner of the land on which the bore is located.

bore trigger threshold, for an aquifer, means a decline in the water level in the aquifer that is—

(a)if a regulation prescribes the bore trigger threshold for an area in which the aquifer is situated—the prescribed threshold for the area; or

(b)otherwise—

(i)for a consolidated aquifer—5m; or

(ii)for an unconsolidated aquifer—2m.

closing CMA tenure means a petroleum tenure the area of which is within a cumulative management area for which the holder—

(a)has given, before the cumulative management area for the tenure was declared, a notice of closure for the tenure; or

(b)gives, within 6 months after the cumulative management area for the tenure is declared, a notice of closure for the tenure.

CMA tenure means a petroleum tenure the area of which is included in a cumulative management area.

consolidated aquifer means an aquifer consisting predominantly of consolidated sediment.

consultation day, for a proposed underground water impact report or final report, means the day a notice is first published about the proposed report under section 382 (1).

impact considerations, in relation to a petroleum tenure holder, means the following—

(a)the impacts, or likely impacts, of the exercise of the holder’s underground water rights on a water bore or spring;

(b)the location and area of the holder’s petroleum tenure;

(c)the holder’s water monitoring authorities;

(d)existing water monitoring infrastructure or equipment put in place by the holder;

(e)existing make good agreements entered into by the holder;

(f)existing agreements entered into by the holder with other petroleum tenure holders about managing the impacts of the exercise of underground water rights.

make good obligations, of a petroleum tenure holder for a water bore, see section 409.

production testing means—

(a)for a petroleum tenure granted under the Petroleum and Gas (Production and Safety) Act 2004 , testing for petroleum production in the area of the petroleum tenure under—

(i) section 73 of that Act; or

(ii)if section 73 does not apply—section 152 of that Act; or

(b)for a 1923 Act petroleum tenure granted under the Petroleum Act 1923 —testing authorised under the petroleum tenure, for petroleum production in the area of the tenure.

relevant underground water rights means—

(a)in relation to an underground water impact report, the underground water rights of—

(i)if the report is for a cumulative management area—the holders of each CMA tenure within the area to which the report relates, other than the holder of a closing CMA tenure; or

(ii)if the report is for a petroleum tenure—the holder of the petroleum tenure; or

(b)in relation to a final report for the end of a petroleum tenure—the underground water rights of the holder of the petroleum tenure.

report obligation means a requirement with which a responsible tenure holder must comply under an approved underground water impact report or final report.

Note—

See, for example, sections 376 (Content of underground water impact report), 377 (Content of final report), 378 (Content of water monitoring strategy), 379 (Content of spring impact management strategy) and 390 (Compliance with approved reports).

responsible entity see section 368.

responsible tenure holder see section 369.

start day, for a petroleum tenure, means—

(a)the earlier of the following—

(i)the day production testing starts in the area of the petroleum tenure;

(ii)the day production of petroleum starts in the area of the petroleum tenure; or

(b)if production testing or production of petroleum has already started in the area of the tenure on the day this definition commences—the day this definition commences.

unconsolidated aquifer means an aquifer other than a consolidated aquifer.

underground water obligation, of a petroleum tenure holder, means a make good obligation of the holder for a water bore, or a report obligation for which the holder is the responsible tenure holder.

water level, of an aquifer, means—

(a)for artesian water—the level to which the water would, if it were tapped by a water bore and the water were contained vertically above the surface of the land, rise naturally above the surface of the land; or

(b)for subartesian water—if the aquifer were tapped by a water bore, the level of water in the water bore tapping the aquifer.

water monitoring bore means a water bore used for monitoring impacts on underground water caused by the exercise of underground water rights of petroleum tenure holders.

s 362 prev s 362 om 2008 No. 34 s 714

pres s 362 ins 2010 No. 53 s 195

363Water bores to which ch 3 applies

This chapter applies to a water bore if—

(a)the taking of, or interference with, water from the bore is authorised under this Act; and

(b)if the Planning Act or the repealed Integrated Planning Act 1997 required a development approval under that Act in relation to the bore for operational work for the taking of, or interfering with, water under this Act— the approval has been granted.

s 363 ins 2010 No. 53 s 195

amd 2013 No. 23 s 352 (1) sch 1 pt 2

364References to petroleum tenure holder in ch 3

(1)This section applies if a petroleum tenure ends.

(2) Subsection (3) applies if—

(a)the petroleum tenure was an authority to prospect under the Petroleum Act 1923 and under part 6, division 1 of that Act the holder of the tenure became a lease holder; or

(b)the petroleum tenure was an authority to prospect under the Petroleum and Gas (Production and Safety) Act 2004 and under chapter 2, part 2, division 2 of that Act the holder of the tenure became a petroleum lease holder.

(3)A reference in this chapter—

(a)to the petroleum tenure is a reference to the authority to prospect and the lease or petroleum lease; and

(b)to the petroleum tenure holder includes a reference to the lessee or petroleum lease holder.

(4)Otherwise, a reference in this chapter to a petroleum tenure holder includes a reference to the holder of the petroleum tenure immediately before it ended.

s 364 ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

365Declaring cumulative management areas

(1)This section applies if the chief executive considers an area containing 2 or more petroleum tenures may be affected by the exercise of underground water rights by the tenure holders.

(2)The chief executive may, by gazette notice, declare the area to be a cumulative management area.

(3)The gazette notice must describe the area for which the declaration is made.

(4)The chief executive must, within 20 business days—

(a)give notice of the declaration to the office and each CMA tenure holder in the cumulative management area, other than the holder of a closing CMA tenure; and

(b)publish a map showing the cumulative management area on the department’s website.

(5)A failure to comply with subsection (4) does not invalidate or otherwise affect the declaration of the cumulative management area.

s 365 ins 2010 No. 53 s 195

amd 2012 No. 39 s 53

div 3 (ss 366–367) ins 2010 No. 53 s 195

366Obligation to use best endeavours to obtain approvals

(1)A petroleum tenure holder must use its best endeavours to obtain any approval necessary to comply with its obligations under this chapter.

(2)In this section—

approval includes a licence, permit, authorisation, consent, permission or other authority required under this Act or another Act.

div 3 (ss 366–367) ins 2010 No. 53 s 195

367Obligation to use best endeavours to obtain information

A responsible entity or other petroleum tenure holder must use its best endeavours to obtain all information about water bores necessary to comply with its obligations under this chapter.

Examples of using best endeavours—

•searching a database of information relevant to underground water management kept by the department

•asking a landowner to disclose the location and details of water bores

div 3 (ss 366–367) ins 2010 No. 53 s 195

pt hdg prev pt 2 hdg om 2008 No. 34 s 714

pres pt 2 hdg ins 2010 No. 53 s 195

div hdg prev div 1 hdg om 2008 No. 34 s 714

pres div 1 hdg ins 2010 No. 53 s 195

368Who is a responsible entity

A responsible entity is—

(a)for a cumulative management area, other than an area that is within a closing CMA tenure—the office; or

(b)for a closing CMA tenure or a petroleum tenure other than a CMA tenure—the holder of the petroleum tenure.

s 368 ins 2010 No. 53 s 195

amd 2012 No. 39 s 54

369Who is a responsible tenure holder

(1)A responsible tenure holder, for a make good obligation for a water bore or a report obligation, for a petroleum tenure to which an approved underground water impact or final report relates, is—

(a)if the report is an underground water impact report for a cumulative management area—the petroleum tenure holder identified in an underground water impact report as the responsible tenure holder for the obligation; or

(b)if the report is an underground water impact report or final report for a petroleum tenure, including a closing CMA tenure—the holder of the petroleum tenure.

(2)Also, a petroleum tenure holder directed under section 418 to undertake a bore assessment of a water bore is a responsible tenure holder for the make good obligations for the bore.

s 369 ins 2010 No. 53 s 195

div hdg prev div 2 hdg om 2008 No. 34 s 714

pres div 2 hdg ins 2010 No. 53 s 195

370Obligation to give underground water impact report

(1)Subject to section 371, a responsible entity must, within the period or by the day mentioned in subsection (2) or (3), give the chief executive an underground water impact report that complies with subsection (2) (a) and (d) for—

(a)if the responsible entity is the office—each cumulative management area; or

(b)if the responsible entity is a petroleum tenure holder—the petroleum tenure.

Maximum penalty—1665 penalty units.

(2)An underground water impact report must—

(a)comply with the requirements under division 4; and

(b)be given within the initial report period or, if the chief executive agrees to a longer period, that period; and

(c)be given within 10 business days after each third anniversary of the day the first underground water impact report for the cumulative management area or petroleum tenure took effect or, if the chief executive agrees to a later day, the later day; and

(d)be accompanied by a submissions summary under section 383.

(3)However, the chief executive may, by notice given to the responsible entity, require the entity to give the report—

(a)for a report to which subsection (2) (b) applies—within a reasonable period that ends earlier than the initial report period; or

(b)for a report to which subsection (2) (c) applies—before the day mentioned in subsection (2) (c), if the earlier day allows the entity a reasonable period to give the report.

(4)In this section—

initial report period means 14 months after—

(a)if the responsible entity is the office—the day the cumulative management area is declared; or

(b)if the responsible entity is a petroleum tenure holder—

(i)the start day for the tenure; or

(ii)if this section applies because of section 371 (3)—the day the renewal of the petroleum tenure is granted.

s 370 prev s 370 amd 2005 No. 19 s 96

om 2008 No. 34 s 714

pres s 370 ins 2010 No. 53 s 195

amd 2012 No. 39 s 55

371When obligation to give underground water impact report does not apply

(1)This section applies if—

(a)a petroleum tenure holder is required under section 370 (1) to give the chief executive an underground water impact report; and

(b)before the report is given under that section, the petroleum tenure holder gives the chief executive a notice of closure for the tenure.

(2) Section 370 does not apply to the holder.

(3)However, section 370 does apply if, after the notice of closure is given, an application for renewal of the petroleum tenure, made under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 , is granted.

s 371 prev s 371 om 2008 No. 34 s 714

pres s 371 ins 2010 No. 53 s 195

div hdg prev div 3 hdg om 2008 No. 34 s 714

pres div 3 hdg ins 2010 No. 53 s 195

372Obligation to give notice of closure—general

(1)A petroleum tenure holder must, on the day any of the following happens, give the chief executive a notice of closure—

(a)the day that is 1 year before the term of the petroleum tenure ends, other than if the petroleum tenure is divided under the Petroleum and Gas (Production and Safety) Act 2004 , chapter 2;

(b)the day the holder makes a surrender application for the petroleum tenure.

Maximum penalty—500 penalty units.

(2)The notice of closure must state—

(a)the details of the holder and petroleum tenure; and

(b)whether the petroleum tenure is ending or being surrendered; and

(c)if the petroleum tenure is ending—the day the petroleum tenure will end.

(3)If the petroleum tenure is a CMA tenure, including a closing CMA tenure, the holder must give the office a copy of the notice of closure.

(4)In this section—

surrender application, for a petroleum tenure, means a surrender application for the tenure made under—

(a)the Petroleum and Gas (Production and Safety) Act 2004 , chapter 5, part 11; or

(b)the Petroleum Act 1923 , section 21 or 52.

s 372 prev s 372 om 2008 No. 34 s 714

pres s 372 ins 2010 No. 53 s 195

amd 2012 No. 39 s 56

373Obligation to give notice of closure—relevant events

(1)This section applies to a petroleum tenure holder if—

(a)the obligation to give a final report does not apply to the holder because the holder makes a renewal application for the tenure before the time for making the application expires; and

(b)after the holder gives the chief executive a written declaration stating that the holder intends to apply for a renewal of the tenure, any of the following happens (each a relevant event)—

(i)the holder withdraws the renewal application;

(ii)the renewal application for the tenure is rejected;

(iii)the renewal application is granted, and the holder later makes a surrender application for the tenure.

(2)The holder must, on the day the relevant event happens, give the chief executive a notice of closure complying with section 372 (2).

Maximum penalty—500 penalty units.

s 373 prev s 373 om 2008 No. 34 s 714

pres s 373 ins 2010 No. 53 s 195

374Obligation to give final report

(1)This section applies if a notice of closure for a petroleum tenure is given by the holder of the petroleum tenure under section 372 or 373.

(2)The chief executive must, as soon as practicable after the notice of closure is received, give a notice requiring a final report to be given for the tenure within the reasonable period stated in the notice to—

(a)for a CMA tenure other than a closing CMA tenure—the office as responsible entity for the cumulative management area; or

(b)for a closing CMA tenure or other petroleum tenure—the holder of the petroleum tenure.

(3)The chief executive must give a copy of a notice given to the office for a cumulative management area under subsection (2) (a) to each holder of a CMA tenure within the area, other than the holder of a closing CMA tenure.

(4)Subject to section 375, the responsible entity must, within the period stated in the notice given under subsection (2), give the chief executive a final report for the petroleum tenure that complies with division 4.

Maximum penalty—1665 penalty units.

(5)A final report must be accompanied by a submissions summary under section 383.

s 374 prev s 374 om 2008 No. 34 s 714

pres s 374 ins 2010 No. 53 s 195

amd 2012 No. 39 s 57

375When obligation to give final report does not apply

(1) Subsection (2) applies if—

(a)a holder’s petroleum tenure is ending other than by a surrender application; and

(b)the chief executive gives a notice to the holder under section 374 (2); and

(c)before the last day by which the holder may apply for a renewal of the petroleum tenure under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 , the holder gives the chief executive a written declaration stating that the holder intends to apply for the renewal.

(2) Section 374 (4) does not apply to the holder if the holder makes a renewal application for the tenure before the time for making the application expires, unless the holder later gives a notice of closure under section 373.

(3) Subsection (4) applies if a petroleum tenure holder has made a surrender application for the tenure and, after a notice of closure is given, the holder withdraws the surrender application.

(4) Section 374 (4) does not apply to the holder.

s 375 prev s 375 om 2008 No. 34 s 714

pres s 375 ins 2010 No. 53 s 195

div hdg prev div 4 hdg om 2008 No. 34 s 714

pres div 4 hdg ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

376Content of underground water impact report

An underground water impact report must include each of the following—

(a)for the area to which the report relates—

(i)the quantity of water produced or taken from the area because of the exercise of any previous relevant underground water rights; and

(ii)an estimate of the quantity of water to be produced or taken because of the exercise of the relevant underground water rights for a 3-year period starting on the consultation day for the report;

(b)for each aquifer affected, or likely to be affected, by the exercise of the relevant underground water rights—

(i)a description of the aquifer; and

(ii)an analysis of the movement of underground water to and from the aquifer, including how the aquifer interacts with other aquifers; and

(iii)an analysis of the trends in water level change for the aquifer because of the exercise of the rights mentioned in paragraph (a)(i); and

(iv)a map showing the area of the aquifer where the water level is predicted to decline, because of the taking of the quantities of water mentioned in paragraph (a), by more than the bore trigger threshold within 3 years after the consultation day for the report; and

(v)a map showing the area of the aquifer where the water level is predicted to decline, because of the exercise of relevant underground water rights, by more than the bore trigger threshold at any time;

Note—

If the underground water impact report or final report is approved, the mapped areas mentioned in subparagraphs (iv) and (v) establish immediately affected and long-term affected areas under section 387.

(c)a description of the methods and techniques used to obtain the information and predictions under paragraph (b);

(d)a summary of information about all water bores in the area shown on a map mentioned in paragraph (b)(iv), including the number of bores, and the location and authorised use or purpose of each bore;

(e)a program for—

(i)conducting an annual review of the accuracy of each map prepared under paragraph (b)(iv) and (v); and

(ii)giving the chief executive a summary of the outcome of each review, including a statement of whether there has been a material change in the information or predictions used to prepare the maps;

(f)a water monitoring strategy;

(g)a spring impact management strategy;

(h)if the responsible entity is the office—

(i)a proposed responsible tenure holder for each report obligation mentioned in the report; and

(ii)for each immediately affected area—the proposed responsible tenure holder or holders who must comply with any make good obligations for water bores within the immediately affected area;

(i)other information or matters prescribed under a regulation.

s 376 prev s 376 amd 2001 No. 75 s 65; 2003 No. 25 s 95

om 2008 No. 34 s 714

pres s 376 ins 2010 No. 53 s 195

amd 2012 No. 39 s 58

377Content of final report

(1)A final report must include each of the matters mentioned in section 376, other than the following—

(a)an estimate of the quantity of water mentioned in section 376 (a) (ii);

(b)a map mentioned in section 376 (b) (iv);

(c)any of the information mentioned in section 376 (d);

(d)a program mentioned in section 376 (e);

(e)if the responsible entity is the office—the proposed responsible tenure holders mentioned in section 376 (h).

(2)Also, a final report must include—

(a)a summary of information about all water bores in the area shown on a map mentioned in section 376 (b) (v), including the number of bores, and the location and authorised use or purpose of each bore; and

(b)a summary about how the make good obligations of the responsible tenure holder for each water bore to which the final report relates have been complied with by the holder over the term of the tenure; and

(c)a summary of the make good obligations of the responsible tenure holder for each water bore that have not yet been complied with by the holder; and

(d)a plan about how the obligations mentioned in paragraph (c) will be complied with.

s 377 prev s 377 om 2008 No. 34 s 714

pres s 377 ins 2010 No. 53 s 195

amd 2012 No. 39 s 59

378Content of water monitoring strategy

(1)A responsible entity’s water monitoring strategy must include the following for each immediately affected area and long-term affected area identified in its underground water impact report or final report—

(a)a strategy for monitoring—

(i)the quantity of water produced or taken from the area because of the exercise of relevant underground water rights; and

(ii)changes in the water level of, and the quality of water in, aquifers in the area because of the exercise of the rights;

(b)the rationale for the strategy;

(c)a timetable for implementing the strategy;

(d)a program for reporting to the office about the implementation of the strategy.

(2)The strategy for monitoring mentioned in subsection (1) (a) must include—

(a)the parameters to be measured; and

(b)the locations for taking the measurements; and

(c)the frequency of the measurements.

(3)If the strategy is prepared for an underground water impact report, the strategy must also include a program for the responsible tenure holder or holders under the report to undertake a baseline assessment for each water bore that is—

(a)outside the area of a petroleum tenure; but

(b)within the area shown on the map prepared under section 376 (b) (v).

(4)If the strategy is prepared for a final report, the strategy must also include a statement about any matters under a previous strategy that have not yet been complied with.

s 378 prev s 378 om 2008 No. 34 s 714

pres s 378 ins 2010 No. 53 s 195

amd 2012 No. 39 s 60

379Content of spring impact management strategy

(1)A responsible entity’s spring impact management strategy must include each of the following for each potentially affected spring in the area to which the entity’s underground water impact report or final report relates—

(a)the details of the spring, including its location;

(b)an assessment of the connectivity between the spring and the aquifer over which the spring is located;

(c)the predicted risk to, and likely impact on, the ecosystem and cultural and spiritual values of the spring because of a decline in water level of the aquifer over which the spring is located;

(d)the options available to prevent or mitigate any impact mentioned in paragraph (c);

(e)a strategy, including the actions to be taken, for preventing or mitigating the predicted impacts on the spring or, if a strategy for preventing or mitigating the predicted impacts on the spring is not included, the reason for not including the strategy;

(f)a timetable for implementing the strategy;

(g)a program for reporting to the office about the implementation of the strategy.

(2)If the strategy is prepared for a final report, the strategy must also include a statement about any matters under a previous strategy that have not yet been complied with.

(3)In this section—

cultural and spiritual values, of a spring, means its aesthetic, historical, scientific, social or other significance to the present generation or past or future generations.

potentially affected spring means a spring overlying an aquifer affected by underground water rights, if—

(a)the water level in the aquifer is predicted, in an underground water impact report or final report, to decline by more than the spring trigger threshold at the location of the spring at any time; and

(b)the cause of the predicted decline is, or is likely to be, the exercise of the underground water rights.

spring trigger threshold, for an aquifer, means a decline in the water level of the aquifer that is—

(a)if a regulation prescribes the threshold for a particular area—the prescribed threshold for the area; or

(b)otherwise—0.2m.

s 379 prev s 379 om 2008 No. 34 s 714

pres s 379 ins 2010 No. 53 s 195

amd 2012 No. 39 s 61

380Identifying responsible tenure holders for cumulative management areas

(1)In identifying proposed responsible tenure holders under section 376 (h), the office may have regard to the impact considerations relating to each holder of a CMA tenure in the cumulative management area the subject of the report.

(2)The office can not identify the holder of a closing CMA tenure as a proposed responsible tenure holder unless, after the notice of closure for the tenure is given, the tenure does not end.

(3)The office may identify responsible tenure holders using maps showing the areas in which the holders’ underground water obligations arise.

s 380 prev s 380 om 2008 No. 34 s 714

pres s 380 ins 2010 No. 53 s 195

amd 2012 No. 39 s 62

sdiv hdg ins 2010 No. 53 s 195

381Requirement for consultation

Before giving the chief executive an underground water impact report or final report under this part, the responsible entity must consult on the report as required under this subdivision.

s 381 prev s 381 om 2008 No. 34 s 714

pres s 381 ins 2010 No. 53 s 195

382Public notice and copies of report

(1)The responsible entity must—

(a)publish a notice about the proposed underground water impact report or final report in the way required by the chief executive; and

(b)give a copy of the notice to each owner of a water bore within the area to which the report relates.

(2)The responsible entity for a cumulative management area must also give a copy of the notice to each holder of a CMA tenure within the area, other than the holder of a closing CMA tenure.

(3)The notice must state each of the following—

(a)a description of the area to which the report relates;

(b)that copies of the report may be obtained from the responsible entity;

(c)how the copies may be obtained;

(d)that—

(i)written submissions on the report may be given; and

(ii)the submissions must be given to the responsible entity; and

(ii)a copy of the submissions must be given to the chief executive;

(e)the day that is at least 20 business days after the notice is published by which the submissions may be made;

(f)where the submissions may be given.

(4)The responsible entity must—

(a)comply with subsections (1) and (2) at least 2 months before an underground water impact report is given to the chief executive under section 370; and

(b)give a copy of the report to each person who requests a copy.

s 382 prev s 382 sub 2001 No. 75 s 66

om 2008 No. 34 s 714

pres s 382 ins 2010 No. 53 s 195

amd 2013 No. 23 s 265

383Submissions summary

(1)The responsible entity must, before giving the chief executive an underground water impact report or final report under this part—

(a)consider each properly made submission about the report; and

(b)prepare a summary of the submissions (a submissions summary).

(2)The submissions summary must summarise—

(a)the properly made submissions about the report; and

(b)how the responsible entity addressed the submissions; and

(c)any changes the responsible entity has made to the report because of the submissions.

s 383 prev s 383 om 2008 No. 34 s 714

pres s 383 ins 2010 No. 53 s 195

div hdg prev div 5 hdg om 2008 No. 34 s 714

pres div 5 hdg ins 2010 No. 53 s 195

384Modifying report before approval

(1)This section applies if, before approving an underground water impact report or final report, the chief executive considers the report is inadequate in a material particular.

Example of a report that is inadequate in a material particular—

In the circumstances, it was appropriate for the water monitoring strategy detailed in the report to include the construction of a water monitoring bore. The construction of the bore is not provided for in the report.

(2)The chief executive may give the responsible entity for the report a notice stating—

(a)why the chief executive considers the report is inadequate in a material particular; and

(b)how the report must be modified; and

(c)that the responsible entity must either—

(i)modify the report in the way stated in the notice and give the amended report to the chief executive within a stated reasonable period; or

(ii)make a submission within a stated reasonable period, which must be at least 20 business days after the notice is given, about why the report should not be modified.

(3)If the responsible entity makes a submission within the stated period and, after considering the submission, the chief executive still considers the report should be modified the chief executive may give the responsible entity a notice stating—

(a)how the report must be modified; and

(b)a reasonable period within which the modified report must be given to the chief executive.

(4)If the responsible entity is given a notice under subsection (2) or (3), the entity must comply with it.

Maximum penalty—500 penalty units.

(5)The chief executive may give the responsible entity more than 1 notice under this section.

s 384 prev s 384 amd 2007 No. 57 s 82

om 2008 No. 34 s 714

pres s 384 ins 2010 No. 53 s 195

385Decision on report

(1)If a responsible entity gives the chief executive an underground water impact report or final report under this part, the chief executive must, within 60 business days after receiving the report, decide—

(a)to approve the report, with or without conditions; or

(b)to require the responsible entity to modify the report under section 384.

(2)A condition imposed under subsection (1) (a) is taken to be part of the report.

(3)If the responsible entity is a petroleum tenure holder, the chief executive may seek advice from the office before making a decision under subsection (1).

(4)The chief executive must, within 10 business days after approving the report, give notice of the decision to—

(a)the responsible entity for the report; and

(b)if the report relates to a cumulative management area—each holder of a CMA tenure within the area, other than the holder of a closing CMA tenure.

(5)The notice must state—

(a)any conditions of the approval; and

(b)the day the approved report takes effect.

(6)An underground water impact report or final report takes effect on the day stated in the notice.

s 385 prev s 385 om 2008 No. 34 s 714

pres s 385 ins 2010 No. 53 s 195

amd 2012 No. 39 s 63

386Publishing approval and making report available

(1)The responsible entity for an underground water impact report or final report approved by the chief executive must, within 10 business days after receiving notice of the approval—

(a)publish a notice about the approval in the way required by the chief executive; and

(b)give a copy of the notice to each bore owner of a water bore within the area to which the report relates.

(2)The notice must state—

(a)that copies of the approved report may be obtained from the entity; and

(b)how the copies may be obtained.

(3)The responsible entity must give a copy of the report to any person who requests a copy.

(4)The chief executive must publish each approved underground water impact report and approved final report on the department’s website.

s 386 prev s 386 amd 2001 No. 75 s 67

om 2008 No. 34 s 714

pres s 386 ins 2010 No. 53 s 195

amd 2013 No. 23 s 266

div hdg prev div 6 hdg ins 2005 No. 56 s 10

amd 2007 No. 57 s 86

om 2008 No. 34 s 714

pres div 6 hdg ins 2010 No. 53 s 195

387Approved underground water impact report or final report establishes immediately affected and long-term affected areas

On the day an underground water impact report or final report takes effect—

(a)the area shown on a map mentioned in section 376 (b) (iv) is an immediately affected area; and

(b)the area shown on a map mentioned in section 376 (b) (v) is a long-term affected area.

s 387 prev s 387 om 2008 No. 34 s 714

pres s 387 ins 2010 No. 53 s 195

388Effect of approved underground water impact report

(1)On the day an approved underground water impact report takes effect, the following cease to apply—

(a)if the report relates to a cumulative management area other than an area that is within a closing CMA tenure—any existing underground water impact report relating to the cumulative management area or a petroleum tenure within the area;

(b)if the report relates to a closing CMA tenure or a petroleum tenure other than a CMA tenure—any existing underground water impact report relating to the petroleum tenure.

(2) Subsection (1) does not prevent proceedings being started or continued for an offence under section 390 for a failure to comply with an underground water impact report that has ceased applying under subsection (1), if the failure to comply happened when the report was in effect.

s 388 prev s 388 amd 2005 No. 56 s 8; 2006 No. 23 s 10; 2006 No. 59 s 80; 2007 No. 57 s 84

om 2008 No. 34 s 714

pres s 388 ins 2010 No. 53 s 195

389Effect of approved final report

(1) Subsections (2) and (3) apply if—

(a)an approved final report takes effect for a CMA tenure, other than a closing CMA tenure; and

(b)an approved underground water impact report applies to the CMA tenure’s cumulative management area.

(2)If the final report conflicts with a matter provided for in the approved underground water impact report prepared for the cumulative management area—

(a)the final report prevails to the extent of the conflict; and

(b)the underground water impact report is taken to have been amended to agree with the final report; and

(c)the holder of any remaining CMA tenures in the cumulative management area must continue to comply with the approved underground water impact report as amended by the final report under paragraph (b).

(3)If the CMA tenure the subject of the final report is the last CMA tenure in a cumulative management area to end, the underground water impact report for the cumulative management area stops applying when the final report takes effect.

(4)An underground water impact report for a closing CMA tenure or a petroleum tenure other than a CMA tenure stops applying when a final report for the tenure takes effect.

s 389 prev s 389 amd 2005 No. 56 s 9; 2006 No. 23 s 11; 2006 No. 59 s 81

om 2008 No. 34 s 714

pres s 389 ins 2010 No. 53 s 195

390Compliance with approved reports

(1)Each of the following petroleum tenure holders must comply with an approved underground water impact report, unless the holder has a reasonable excuse—

(a)for a report about a cumulative management area—each responsible tenure holder for a report obligation;

(b)for a report about a petroleum tenure—the holder of the petroleum tenure.

Maximum penalty—1665 penalty units.

(2)The holder of the petroleum tenure to which a final report relates must comply with the final report, unless the holder has a reasonable excuse.

Maximum penalty—1665 penalty units.

s 390 prev s 390 om 2008 No. 34 s 714

pres s 390 ins 2010 No. 53 s 195

div hdg prev div 7 hdg ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres div 7 hdg ins 2010 No. 53 s 195

391Minor or agreed amendments of approved report

(1)The chief executive may amend an approved underground water impact report or final report if—

(a)the amendment is only to—

(i)correct a minor error; or

(ii)update a petroleum tenure holder’s details; or

(iii)make another change that is not a change of substance; or

(b)for a report relating to a cumulative management area—the office and any CMA tenure holder other than a closing CMA tenure holder affected by the amendment agree to the amendment; or

(c)for a report for a closing CMA tenure or other petroleum tenure—the holder of the tenure agrees to the amendment.

(2)If the chief executive amends a report under subsection (1), the chief executive must publish the amended report on the department’s website.

(3)The chief executive must give notice of the amendment to—

(a)the responsible entity for the report; and

(b)if the report relates to a cumulative management area—each holder of a CMA tenure within the area, other than the holder of a closing CMA tenure.

(4)Any amendment takes effect on the day stated in the notice.

(5)The chief executive may include in the notice a requirement that the responsible entity—

(a)publish a notice of the amendment in a stated period and in a stated way; and

(b)give a notice of the amendment to any bore owners the chief executive considers may be affected by the amendment.

s 391 prev s 391 om 2008 No. 34 s 714

pres s 391 ins 2010 No. 53 s 195

amd 2012 No. 39 s 64; 2013 No. 23 s 267

392Direction to propose amendment and consult on proposal

(1)This section applies if the chief executive reasonably believes—

(a)there has been a material change in the information or a prediction contained in an approved underground water impact report or final report; or

(b)the information or a prediction contained in an approved underground impact report or final report is incorrect in a material particular.

(2)The chief executive may give to the responsible entity for the report a notice directing the entity to—

(a)propose an amendment of the report to address the material change or correct the material particular; and

(b)consult on the proposed amendment in the way required under subsection (4); and

(c)give the proposed amendment to the chief executive for approval under subsection (5).

(3)The responsible entity must comply with the notice.

Maximum penalty—500 penalty units.

(4)In consulting on the proposed amendment, division 4, subdivision 2 applies to the proposed amendment as if a reference in that subdivision to an underground water impact report or final report were a reference to the proposed amendment.

(5)In deciding whether to approve the proposed amendment, division 5 applies to the chief executive’s decision as if a reference in that division to an underground water impact report or final report were a reference to the proposed amendment.

(6)The approved underground water impact report or final report, as amended, takes effect on the day the amendment takes effect under section 385 (6).

s 392 prev s 392 om 2008 No. 34 s 714

pres s 392 ins 2010 No. 53 s 195

393Other amendments

(1)This section applies if—

(a)the chief executive reasonably considers an approved underground water impact report or final report requires amendment because a matter in the report is—

(i)no longer appropriate because there has been a material change in circumstances; or

(ii)inappropriate for another reason; and

(b)the amendment will not adversely affect a bore owner; and

(c) section 391 or 392 does not apply for the amendment.

(2)The chief executive may give the responsible entity for the approved report, and if the responsible entity is the office, any responsible tenure holder who may be affected by the proposed amendment, a notice stating—

(a)why the chief executive considers the approved report requires amendment; and

(b)how the chief executive proposes to amend the approved report; and

(c)that the recipient of the notice may make a submission within a stated time, which must be at least 20 business days, about why the approved report should not be amended.

(3)After considering all properly made submissions about the proposed amendment, the chief executive must decide whether to make the amendment.

(4)The chief executive must give notice of the decision to any entity given notice of the proposed amendment under subsection (2).

(5)Any amendment takes effect from the day stated in the notice.

(6)The responsible entity for the amended report must, within 10 business days after receiving notice of the amendment, publish a notice about the amendment in the way required by the chief executive.

(7)The notice must state—

(a)that copies of the amended report may be obtained from the entity; and

(b)how the copies may be obtained.

(8)The responsible entity must give a copy of the amended report to any person who requests a copy.

(9)The chief executive must publish the amended report on the department’s website.

s 393 prev s 393 om 2008 No. 34 s 714

pres s 393 ins 2010 No. 53 s 195

amd 2012 No. 39 s 65; 2013 No. 23 s 268

pt hdg prev pt 3 hdg om 2008 No. 34 s 714

pres pt 3 hdg ins 2010 No. 53 s 195

div hdg prev div 1 hdg om 2008 No. 34 s 714

pres div 1 hdg ins 2010 No. 53 s 195

ch 3 pt 3 div 1 sdiv 1 hdg om 2005 No. 19 s 98

ch 3 pt 3 div 1 sdiv 2 hdg om 2005 No. 19 s 98

394What is a baseline assessment

A baseline assessment is an assessment of a water bore undertaken by a petroleum tenure holder to obtain information about the bore, including the following—

(a)the level and quality of water in the bore;

(b)how the bore is constructed;

(c)the type of infrastructure used to pump water from the bore.

Note—

Undertaking a baseline assessment includes analysing data obtained during the assessment to establish the matters in paragraphs (a) to (c).

s 394 prev s 394 om 2008 No. 34 s 714

pres s 394 ins 2010 No. 53 s 195

395Chief executive may make guidelines

(1)The chief executive may make guidelines about the minimum requirements for undertaking a baseline assessment.

(2)Before making the guidelines, the chief executive may consult with the entities the chief executive considers appropriate.

(3)The chief executive must publish the guidelines on the department’s website.

s 395 prev s 395 om 2008 No. 34 s 714

pres s 395 ins 2010 No. 53 s 195

396Method of undertaking baseline assessment

(1)In undertaking a baseline assessment of a water bore, a responsible tenure holder must comply with—

(a)guidelines made by the chief executive under section 395; or

(b)if there are no guidelines—best practice industry standards for carrying out work similar in nature to undertaking a baseline assessment.

(2)However, subsection (1) does not apply to a baseline assessment that was undertaken before the commencement of this section if the holder obtained information about the water bore that substantially meets the requirements of section 394 and any guidelines made by the chief executive under section 395.

s 396 prev s 396 ins 2005 No. 56 s 10

om 2008 No. 34 s 714

pres s 396 ins 2010 No. 53 s 195

div hdg prev div 2 hdg om 2008 No. 34 s 714

pres div 2 hdg ins 2010 No. 53 s 195

397Obligation to prepare baseline assessment plan

(1)A petroleum tenure holder must give the chief executive a baseline assessment plan for the area of the holder’s tenure before—

(a)the start day for the petroleum tenure; or

(b)if production testing or production of petroleum has already started in the area on the commencement of this section—30 business days after the commencement; or

(c)if a longer period is agreed by the chief executive—the longer period.

Maximum penalty—500 penalty units.

(2)A baseline assessment plan for the area of a petroleum tenure must—

(a)state whether a baseline assessment has been undertaken for any bores in the area before the day the plan is given to the chief executive, and if so, identify the bores; and

(b)identify each area of the holder’s petroleum tenure in which water bores other than the bores mentioned in paragraph (a) are or may be located (each a priority area); and

(c)state a timetable for undertaking baseline assessments in each priority area of water bores for which an assessment has not already been completed, including the day by which all baseline assessments in each priority area will be undertaken, that complies with section 398 (a baseline assessment timetable); and

(d)state the rationale for the baseline assessment timetable.

s 397 prev s 397 ins 2005 No. 56 s 10

om 2008 No. 34 s 714

pres s 397 ins 2010 No. 53 s 195

398Requirements for baseline assessment timetable

(1)A baseline assessment timetable for a holder’s petroleum tenure must provide for baseline assessments to be undertaken for a water bore located in a priority area for the tenure by the earliest of the following—

(a)before production testing starts, if—

(i)the bore in the priority area is located within 2km of the production testing; and

(ii)during the production testing, water will be taken from the aquifer supplying the water bore;

(b)before production of petroleum starts in the priority area;

(c)the day after a period of 30 days, whether continuous or not, of undertaking production testing in the priority area.

(2)However, subsection (1) (a) does not apply if the tenure holder obtains the written agreement of the owner of the water bore to a baseline assessment being undertaken on a later day.

(3) Subsection (4) applies if, on the commencement of this section—

(a)production testing in the priority area has been undertaken for a period of more than 30 days, whether continuous or not; or

(b)production of petroleum in the priority area has started.

(4)The baseline assessment timetable must propose a day by which a baseline assessment will be undertaken for each water bore in a priority area.

(5)A baseline assessment timetable must state the rationale for each proposed date by which baseline assessments will be undertaken.

s 398 prev s 398 ins 2005 No. 56 s 10

om 2008 No. 34 s 714

pres s 398 ins 2010 No. 53 s 195

399Approval of baseline assessment plan

(1)If a baseline assessment plan is given to the chief executive under section 397, the chief executive must—

(a)approve the plan, with or without conditions; or

(b)ask the holder to amend the plan and submit the amended plan within a stated reasonable period.

(2)The chief executive must give notice of the decision to the petroleum tenure holder within 10 business days after making the decision.

(3)If the chief executive approves the plan, the plan takes effect on the day stated in the notice.

s 399 prev s 399 ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres s 399 ins 2010 No. 53 s 195

400Compliance with approved baseline assessment plan

A petroleum tenure holder must undertake a baseline assessment of a water bore by the day stated for carrying out the assessment of the bore in the holder’s approved baseline assessment plan, unless the holder has a reasonable excuse.

Maximum penalty—500 penalty units.

s 400 prev s 400 ins 2006 No. 59 s 82

amd 2007 No. 57 s 88

om 2008 No. 34 s 714

pres s 400 ins 2010 No. 53 s 195

div hdg prev div 3 hdg om 2008 No. 34 s 714

pres div 3 hdg ins 2010 No. 53 s 195

401Application to amend

(1)A petroleum tenure holder may apply in writing to the chief executive for an amendment of the holder’s approved baseline assessment plan.

(2)A petroleum tenure holder must apply to the chief executive for an amendment of the plan if the holder becomes aware of a material change to the holder’s program for production testing or production of petroleum that may cause the holder’s baseline assessment timetable not to comply with section 398.

(3)The application must state the reasons for the application.

(4)The chief executive may—

(a)approve the amendment, with or without conditions; or

(b)ask the holder to amend the application and submit the amended application within a reasonable period.

(5)The chief executive must give notice of the decision to the petroleum tenure holder within 10 business days after making the decision.

(6)If the chief executive approves the application, the amendment takes effect on the day stated in the notice.

s 401 prev s 401 ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres s 401 ins 2010 No. 53 s 195

div hdg prev div 4 hdg om 2008 No. 34 s 714

pres div 4 hdg ins 2010 No. 53 s 195

402Direction by chief executive to undertake baseline assessment

(1)This section applies to a water bore if the chief executive reasonably considers the bore is likely, in the future, to be affected by the exercise of a petroleum tenure holder’s underground water rights.

(2)The chief executive may, by notice given to the holder, direct the holder to undertake a baseline assessment of the water bore that complies with this section and section 396.

(3)The notice must state the following—

(a)where the bore is situated;

(b)why the chief executive considers the bore is likely to be affected by the exercise of the holder’s rights;

(c)a reasonable period within which the assessment must be undertaken;

(d)that a copy of the notice given under section 405 must be given to the chief executive at the same time the notice is given under that section.

(4)In deciding the holder to whom a direction is to be given under subsection (2), the chief executive must have regard to the impact considerations relating to the holder.

(5)The holder must comply with a direction given under subsection (2), unless the holder has a reasonable excuse.

Maximum penalty for subsection (5)—500 penalty units.

s 402 prev s 402 ins 2006 No. 59 s 82

amd 2007 No. 57 s 89

om 2008 No. 34 s 714

pres s 402 ins 2010 No. 53 s 195

403Notice of intention to undertake baseline assessment

A petroleum tenure holder must, at least 10 business days before undertaking a baseline assessment of a water bore, give the bore owner of the bore a notice stating—

(a)when the baseline assessment will be undertaken; and

(b)who will undertake the baseline assessment.

s 403 prev s 403 ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres s 403 ins 2010 No. 53 s 195

404Bore owner must give information

(1)To comply with its obligations under this part, a petroleum tenure holder may ask an owner of land for information about the following—

(a)the location of any water bores on the owner’s land;

(b)any other information the holder reasonably requires to undertake a baseline assessment of any bores mentioned in paragraph (a).

(2)If there are water bores located on the owner’s land, the owner of the land must comply with any reasonable request by a holder made under subsection (1), if the person has the information.

s 404 prev s 404 ins 2006 No. 59 s 82

amd 2007 No. 57 s 90

om 2008 No. 34 s 714

pres s 404 ins 2010 No. 53 s 195

405Notice of outcome of baseline assessment

A petroleum tenure holder must give notice in the approved form of the outcome of a baseline assessment of a water bore to the office and the bore owner within—

(a)if the baseline assessment was undertaken before the commencement of this section—30 business days after the commencement; or

(b)otherwise—30 business days after undertaking the assessment.

Maximum penalty—500 penalty units.

s 405 prev s 405 ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres s 405 ins 2010 No. 53 s 195

amd 2012 No. 39 s 66

pt hdg prev pt 4 hdg om 2008 No. 34 s 714

pres pt 4 hdg ins 2010 No. 53 s 195

ch 3 pt 4 div 1 hdg om 2008 No. 34 s 714

ch 3 pt 4 div 2 hdg om 2008 No. 34 s 714

ch 3 pt 4 div 3 hdg om 2008 No. 34 s 714

ch 3 pt 4 div 4 hdg om 2008 No. 34 s 714

ch 3 pt 4 div 5 hdg om 2008 No. 34 s 714

406Obligation to negotiate general agreement

(1)This section applies to each petroleum tenure holder—

(a)from the start day for the holder’s tenure; and

(b)until an underground water impact report applies to the holder’s petroleum tenure.

(2)For each water bore the holder reasonably believes has an impaired capacity, the holder must use the holder’s best endeavours to negotiate and enter into an agreement with the bore owner of the bore about the following matters—

(a)the reasons for the bore’s impaired capacity;

(b)the measures the holder will take to ensure the bore owner has access to a reasonable quantity and quality of water for the authorised use and purpose of the bore;

(c)any monetary or non-monetary compensation payable to the bore owner for impacts on the bore.

s 406 prev s 406 ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres s 406 ins 2010 No. 53 s 195

407Effect of an agreement under this part

If an agreement relating to a water bore is entered into under section 406—

(a)the agreement is taken to be a make good agreement for the bore for the purposes of part 5; and

(b)the petroleum tenure holder is taken to have complied with the holder’s obligation to undertake a bore assessment for the bore under section 417.

s 407 prev s 407 ins 2006 No. 59 s 82

om 2008 No. 34 s 714

pres s 407 ins 2010 No. 53 s 195

pt hdg prev pt 5 hdg om 2008 No. 34 s 714

pres pt 5 hdg ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

408Definition for pt 5

In this part—

immediately affected area bore means a water bore located in an immediately affected area of an aquifer.

s 408 prev s 408 amd 2001 No. 75 s 68; 2006 No. 23 s 12

om 2008 No. 34 s 714

pres s 408 ins 2010 No. 53 s 195

409 Make good obligations for water bores

(1)The make good obligations of a petroleum tenure holder for an immediately affected area bore are—

(a)undertaking a bore assessment of the bore as required under division 2; and

(b)entering into a make good agreement with the bore owner of the bore as required under division 3; and

(c)complying with the make good agreement; and

(d)if asked to vary the make good agreement under section 424—negotiating a variation of the make good agreement.

(2)The make good obligations of a petroleum tenure holder for a water bore other than an immediately affected area bore are—

(a)if the holder is required under section 418 to undertake a bore assessment of the bore—undertaking the bore assessment; and

(b)entering into a make good agreement with the bore owner of the bore as required under division 3; and

(c)complying with the make good agreement; and

(d)if asked to vary the make good agreement under section 424—negotiating a variation of the make good agreement.

s 409 prev s 409 om 2008 No. 34 s 714

pres s 409 ins 2010 No. 53 s 195

410Who must comply with make good obligations

The responsible tenure holder for a water bore must comply with the make good obligations for the bore.

s 410 prev s 410 om 2008 No. 34 s 714

pres s 410 ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

411What is a bore assessment

A bore assessment is an assessment of a water bore undertaken by a petroleum tenure holder to establish—

(a)whether the bore has an impaired capacity; or

(b)whether the bore is likely to start having an impaired capacity.

Note—

Undertaking a bore assessment includes analysing data obtained during the assessment to establish the matters in paragraphs (a) and (b).

s 411 prev s 411 om 2008 No. 34 s 714

pres s 411 ins 2010 No. 53 s 195

412When does a water bore have an impaired capacity

(1)An existing water bore has an impaired capacity if—

(a)there is a decline in the water level of the aquifer at the location of the bore because of the exercise of underground water rights; and

(b)because of the decline, the bore can no longer provide a reasonable quantity or quality of water for its authorised use or purpose.

(2)A new water bore has an impaired capacity if—

(a)there is a decline in the water level of the aquifer at the location of the bore because of the exercise of underground water rights; and

(b)the decline is more than the decline predicted at the location of the bore in the relevant report; and

(c)because of the decline, the bore can no longer provide a reasonable quantity or quality of water for its authorised use or purpose.

(3)A regulation may prescribe for this section a quality of water that is a reasonable quality of water for a particular authorised use or purpose.

(4)In this section—

existing water bore means any water bore in existence before the first underground water impact report relating to the area where the bore is located takes effect.

new water bore means a water bore other than an existing water bore.

relevant report, for a new water bore, means the approved underground water impact report—

(a)in effect when the bore is constructed; and

(b)relating to the area where the bore is located.

s 412 prev s 412 amd 2005 No. 19 s 99

om 2008 No. 34 s 714

pres s 412 ins 2010 No. 53 s 195

413Chief executive may make guidelines

(1)The chief executive may make guidelines about the minimum requirements for undertaking a bore assessment.

(2)Before making the guidelines, the chief executive may consult with the entities the chief executive considers appropriate.

(3)The chief executive must publish the guidelines on the department’s website.

s 413 prev s 413 om 2008 No. 34 s 714

pres s 413 ins 2010 No. 53 s 195

414Method of undertaking bore assessment

(1)In undertaking a bore assessment of a water bore, a responsible tenure holder must comply with—

(a)guidelines made by the chief executive under section 413; or

(b)if there are no guidelines—best practice industry standards for carrying out work similar in nature to undertaking a bore assessment.

(2)However, subsection (1) does not apply to a bore assessment undertaken before the commencement of this section if the holder obtained information about the water bore that is sufficient to establish a matter mentioned in section 411.

s 414 prev s 414 amd 2005 No. 19 s 100; 2006 No. 23 s 13

om 2008 No. 34 s 714

pres s 414 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

415Notice of intention to undertake bore assessment

A responsible tenure holder must, at least 10 business days before undertaking a bore assessment of a water bore, give the bore owner of the bore a notice stating—

(a)when the bore assessment will be undertaken; and

(b)who will undertake the bore assessment.

s 415 prev s 415 amd 2005 No. 19 s 102

om 2008 No. 34 s 714

pres s 415 ins 2010 No. 53 s 195

416Bore owner must give information

(1)To comply with its obligations under this division, a petroleum tenure holder may ask an owner of land for information about the following—

(a)the location of any water bores on the owner’s land;

(b)any other information the holder reasonably requires to undertake a bore assessment of any bores mentioned in paragraph (a).

(2)If there are water bores located on the owner’s land, the owner of the land must comply with any reasonable request by a holder made under subsection (1), if the person has the information.

s 416 prev s 416 amd 2005 No. 19 s 103

om 2008 No. 34 s 714

pres s 416 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

417Obligation to undertake bore assessment of immediately affected area bore in particular circumstances

(1)This section applies if—

(a)an underground water impact report or an amendment of a report takes effect; and

(b)the report identifies, or the amendment changes the area or location of, an immediately affected area of an aquifer.

(2)For each immediately affected area bore that is not already the subject of a make good agreement, the responsible tenure holder for the bore must, unless the holder has a reasonable excuse, undertake a bore assessment of the bore that complies with this division before—

(a)the day that is 60 business days after the report or amendment takes effect; or

(b)if the chief executive agrees to a later day—that day.

Maximum penalty—500 penalty units.

(3)However, subsection (2) does not apply if a bore assessment of the bore has already been undertaken.

s 417 prev s 417 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 104; 2006 No. 23 s 15

om 2008 No. 34 s 714

pres s 417 ins 2010 No. 53 s 195

418Direction by chief executive to undertake bore assessment

(1)This section applies if the chief executive reasonably believes a water bore can no longer supply a reasonable quantity or quality of water for its authorised use or purpose.

(2)The chief executive may give a petroleum tenure holder a notice stating that the holder must either—

(a)undertake a bore assessment that complies with this section and section 414 within a stated reasonable time; or

(b)make a submission within a stated reasonable period of at least 20 business days about why the holder should not be required to undertake the bore assessment.

(3)If the holder undertakes a bore assessment under subsection (2) (a), the holder must give the chief executive a copy of the notice given under section 419.

(4)In deciding the petroleum tenure holder to whom a notice is to be given under subsection (2), the chief executive must have regard to the impact considerations relating to the holder.

(5)If the holder makes a submission within the stated period and, after considering the submission, the chief executive still considers the holder should undertake the bore assessment, the chief executive may give the holder a notice stating—

(a)that the holder must undertake the bore assessment; and

(b)a reasonable period within which the bore assessment must be undertaken; and

(c)that a copy of the notice given under section 419 must be given to the chief executive.

(6)The holder must comply with a notice given under subsection (2) or (5), unless the holder has a reasonable excuse.

Maximum penalty—500 penalty units.

(7)A regulation may prescribe for this section a quality of water that is a reasonable quality of water for a particular authorised use or purpose.

(8)In this section—

bore assessment includes an assessment of a water bore to establish—

(a)whether it can supply a reasonable quantity or quality of water for its authorised use or purpose; and

(b)the reason for any reduced capacity of the water bore to supply the reasonable quantity or quality of water.

s 418 prev s 418 om 2008 No. 34 s 714

pres s 418 ins 2010 No. 53 s 195

419Notice of outcome of bore assessment

A petroleum tenure holder must give notice in the approved form of the outcome of a bore assessment to the office and the bore owner for the bore within—

(a)if the bore assessment was undertaken before the commencement of this section—30 business days after the commencement; or

(b)otherwise—30 business days after undertaking the bore assessment.

Maximum penalty—500 penalty units.

s 419 prev s 419 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 105; 2006 No. 23 s 16

om 2008 No. 34 s 714

pres s 419 ins 2010 No. 53 s 195

amd 2012 No. 39 s 67

div hdg ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

420What is a make good agreement for a water bore

A make good agreement for a water bore is an agreement—

(a)entered into by the following parties—

(i)the responsible tenure holder for the make good obligations for the bore;

(ii)the bore owner; and

(b)that provides for each of the following matters—

(i)the outcome of the bore assessment for the bore;

(ii)whether the bore has or is likely to have an impaired capacity;

(iii)if the bore has or is likely to have an impaired capacity—the make good measures for the bore to be taken by the responsible tenure holder.

s 420 prev s 420 om 2008 No. 34 s 714

pres s 420 ins 2010 No. 53 s 195

421What is a make good measure for a water bore

A make good measure for a water bore is any of the following measures—

(a)ensuring the bore owner has access to a reasonable quantity and quality of water for the bore’s authorised use or purpose;

Examples—

•bore enhancement by deepening the bore or improving its pumping capacity

•constructing a new bore

•providing a supply of an equivalent amount of water of a suitable quality by piping it from an alternative source

(b)carrying out a plan to monitor the bore, including, for example, by undertaking periodic bore assessments;

(c)giving the bore owner monetary or non-monetary compensation for the bore’s impaired capacity.

s 421 prev s 421 om 2008 No. 34 s 714

pres s 421 ins 2010 No. 53 s 195

422Persons bound by make good agreement

A make good agreement for a water bore binds the parties to it and each of their successors and assigns, including successors and assigns of the relevant petroleum tenure.

Note—

See also section 364 (References to petroleum tenure holder in ch 3).

s 422 prev s 422 amd 2003 No. 19 s 3 sch 2

sub 2003 No. 25 s 97

om 2008 No. 34 s 714

pres s 422 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

423Requirement to enter into make good agreement and reimburse bore owner

(1)This section applies in relation to a water bore for which a responsible tenure holder has undertaken a bore assessment under division 2.

(2)The holder must use the holder’s best endeavours to enter into a make good agreement for the bore with the bore owner by—

(a)the day that is 40 business days after the bore assessment is undertaken; or

(b)if the chief executive agrees to a later day—that day.

(3)The holder must reimburse the bore owner for any accounting, legal or valuation costs the claimant necessarily and reasonably incurs in negotiating or preparing a make good agreement, other than the costs of a person facilitating an ADR requested by the bore owner.

s 423 prev s 423 amd 2003 No. 19 s 3 sch 2; 2003 No. 25 s 98 (amdt could not be given effect)

om 2008 No. 34 s 714

pres s 423 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

424Negotiating variation of make good agreement

(1)This section applies if, after entering into a make good agreement for a water bore, either party to the agreement considers a matter stated in the agreement is not appropriate because—

(a)of a material change in circumstances; or

(b)1 or more of the make good measures agreed to is not effective; or

(c)another effective and more efficient make good measure is available.

Examples—

1The impacts on a water bore because of the exercise of underground water rights are substantially greater than predicted in an underground water impact report.

2A change in the authorised activities conducted in the area of a tenure is causing a substantial change in the impact of the exercise of underground water rights on aquifer water levels.

(2)A party to the agreement may give a notice to the other party—

(a)stating why the party considers a matter stated in the agreement is not appropriate; and

(b)asking the other party to vary the agreement.

(3)A party to whom a notice is given under subsection (2) must use the party’s best endeavours to negotiate a variation of the make good agreement for the water bore that addresses the matters stated in the notice.

(4) Subsection (3) does not prevent the parties to the make good agreement from otherwise agreeing to vary the agreement.

s 424 prev s 424 om 2008 No. 34 s 714

pres s 424 ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

425Application of div 4

This division applies if—

(a)a petroleum tenure holder and the owner of a water bore can not agree on the terms of a make good agreement for the bore within the period provided for under section 423, including whether or not the bore has an impaired capacity; or

(b)the parties to a make good agreement for a water bore can not agree about—

(i)whether a matter stated in the agreement is inappropriate for a reason stated in section 424 (1); or

(ii)if the parties agree a matter stated in the agreement is inappropriate—the terms of any variation of the agreement; or

(c)a party to a make good agreement for a water bore reasonably believes the other party has not complied with the agreement.

s 425 prev s 425 om 2008 No. 34 s 714

pres s 425 ins 2010 No. 53 s 195

426Parties may seek conference or independent ADR

(1)This section applies if a dispute about a matter mentioned in section 425 arises.

(2)Either party may, by a notice (an election notice)—

(a)given to the other party and the chief executive—ask the chief executive to direct an authorised officer to call a conference to negotiate a resolution of the dispute; or

(b)given to the other party—call for the other party to agree to an alternative dispute resolution process (an ADR) to negotiate a resolution of the dispute.

(3)The notice must state—

(a)details of the matters the subject of the dispute; and

(b)the contact details of the party giving the notice.

(4)Also, if the notice calls for an ADR, it must—

(a)identify the ADR; and

(b)state that the party giving the notice agrees to bear the costs of the person who will facilitate the ADR.

(5)An ADR may be a process of any kind, including, for example, conciliation or mediation.

(6)However, the person who facilitates the ADR must be independent of both parties.

s 426 prev s 426 amd 2003 No. 25 s 99

om 2008 No. 34 s 714

pres s 426 ins 2010 No. 53 s 195

427Duration of conference or ADR

(1)This section applies if an election notice is given.

(2)If a conference is requested, the authorised officer directed under section 428 to conduct the conference must take all reasonable steps to ensure it is finished within 30 business days after the election notice is given (the usual period).

(3)If an ADR is called for, the parties must use their reasonable endeavours to finish it within 30 business days after the election notice is given (also the usual period).

(4)Either party may, within the usual period, ask the other party to agree to a longer period to finish the conference or ADR.

(5)If the parties agree to the longer period, that period applies instead of the usual period.

(6)If an ADR is called for, sections 430 and 433 apply to the ADR as if a reference in the sections to a conference were a reference to an ADR.

s 427 prev s 427 amd 2003 No. 25 s 100

om 2008 No. 34 s 714

pres s 427 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

428Calling conference

(1)If an election notice is given requesting a conference, the chief executive must direct an authorised officer to conduct the conference.

(2)The authorised officer must, by notice, ask the parties to attend a conference to negotiate a resolution of the dispute.

(3)The notice must state what the subject of the conference is and when and where it will be held.

s 428 prev s 428 amd 2003 No. 25 s 101

om 2008 No. 34 s 714

pres s 428 ins 2010 No. 53 s 195

429Who may attend conference

(1)The authorised officer directed to conduct the conference under section 428 and the parties to the dispute may attend it.

(2)A party may be represented by an agent only if the authorised officer agrees.

(3)Also, with the authorised officer’s approval, someone else may be present to help a party attending the conference.

(4)However, a party can not be represented by a lawyer unless the other party agrees and the authorised officer is satisfied there is no disadvantage to a party.

s 429 prev s 429 amd 2003 No. 25 s 102

om 2008 No. 34 s 714

pres s 429 ins 2010 No. 53 s 195

430What happens if a party does not attend

(1)This section applies if a party given notice of the conference does not attend.

(2)A party who attended the conference may apply to the Land Court for an order requiring the party who did not attend to pay the attending party’s reasonable costs of attending.

(3)The Land Court must not order the party who did not attend to pay costs if it is satisfied the party had a reasonable excuse for not attending.

(4)If the Land Court makes an order under subsection (2), it must decide the amount of the costs.

s 430 prev s 430 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 107; 2006 No. 23 s 18; 2007 No. 57 s 94

om 2008 No. 34 s 714

pres s 430 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

431Authorised officer’s role

(1)In conducting a conference, the authorised officer must endeavour to help those attending to negotiate an early and inexpensive settlement of the dispute.

(2)The authorised officer must decide how the conference is conducted.

s 431 prev s 431 om 2008 No. 34 s 714

pres s 431 ins 2010 No. 53 s 195

432Statements made at conference

Nothing said by a person at the conference is admissible, without the person’s consent, in a proceeding.

s 432 prev s 432 amd 2002 No. 77 s 242; 2003 No. 25 s 103

om 2008 No. 34 s 714

pres s 432 ins 2010 No. 53 s 195

433Negotiated agreement

(1)If, at the conference, the parties negotiate an agreement about the matters the subject of the conference, the agreement must be written and signed by or for the parties.

(2)The agreement may be a make good agreement or a variation of an existing make good agreement between the parties.

s 433 prev s 433 amd 2003 No. 25 s 104

om 2008 No. 34 s 714

pres s 433 ins 2010 No. 53 s 195

sdiv hdg ins 2010 No. 53 s 195

434Deciding dispute through Land Court after unsuccessful conference or ADR

(1)This section applies if an election notice is given and—

(a)if a party asked the chief executive to direct an authorised officer to conduct a conference—the authorised officer does not finish the conference within the period required under section 427 (the required period); or

(b)if a party called for an ADR—the parties do not finish the ADR within the period required under section 427 (also the required period).

(2)This section also applies if—

(a)only 1 of the parties attended the conference or ADR; or

(b)both parties attended the conference or ADR and, at the end of the required period, there is no resolution of the dispute.

(3)An eligible party may apply to the Land Court to decide the matter the subject of the election notice.

(4)In this section—

eligible party means—

(a)if subsection (1) applies—any party to the dispute; or

(b)if subsection (2) applies—a party who attended the conference or ADR.

s 434 prev s 434 amd 2003 No. 25 s 105; 2005 No. 19 s 108

om 2008 No. 34 s 714

pres s 434 ins 2010 No. 53 s 195

435Provisions for making decision

(1)Without limiting the Land Court’s jurisdiction, it may decide—

(a)if the dispute is about the terms of a make good agreement for a water bore—the terms of the agreement; or

(b)if the dispute is about varying the terms of a make good agreement for a water bore under section 424—

(i)whether a matter stated in the agreement is inappropriate for a reason stated in section 424; or

(ii)the terms of any variation of the agreement; or

(c)if the dispute is about whether a party to a make good agreement for a water bore has complied with the agreement—whether anything must be done by a party to comply with the agreement.

(2)However, the Land Court may decide to vary a make good agreement for a water bore only to the extent the court considers the variation is appropriate to—

(a)address a material change in circumstances; or

(b)address a make good measure for the bore that is not effective; or

(c)provide for another effective and more efficient make good measure for the bore.

(3)Subject to subsection (2), the Land Court may make any order it considers appropriate about the make good agreement for the water bore or to meet or enforce its decision.

(4)If the Land Court decides terms of a make good agreement for a water bore, the decision is taken to be a make good agreement for the bore.

(5)If the Land Court decides to vary a make good agreement for a water bore, the agreement as varied by the decision is, for this Act, taken to be the make good agreement for the bore.

s 435 prev s 435 amd 2001 No. 75 s 69; 2003 No. 25 s 106; 2005 No. 19 s 109

om 2008 No. 34 s 714

pres s 435 ins 2010 No. 53 s 195

436Provisions for deciding any compensation

(1)This section applies if the Land Court decides to include in a make good agreement, or a variation of a make good agreement, for a water bore a term requiring the petroleum tenure holder to compensate the bore owner.

(2)The compensation may only be for—

(a)diminution of any of the following because of the impacts on the bore of the exercise of underground water rights by petroleum tenure holders—

(i)the value of the bore owner’s land on which the water bore is located;

(ii)the authorised use or purpose the bore owner has or would have made, of water from the water bore; or

(b)any cost to the bore owner, or loss the bore owner suffers, caused by the impaired capacity of the water bore.

Example for paragraph (b)—

the cost of transporting water to the bore owner’s land from an alternative water source

(3)In deciding the amount of the compensation, the Land Court may consider any make good measures for the water bore, whether successful or otherwise, taken or attempted by the petroleum tenure holder.

s 436 prev s 436 amd 2003 No. 25 s 107

om 2008 No. 34 s 714

pres s 436 ins 2010 No. 53 s 195

437Land Court’s decision binds successors and assigns

A decision by the Land Court under section 435 binds the parties to the dispute and each of their successors and assigns, including successors and assigns of the relevant petroleum tenure.

Note—

Under section 422, the parties to a make good agreement for a water bore and each of their successors and assigns is bound by the make good agreement.

s 437 prev s 437 om 2008 No. 34 s 714

pres s 437 ins 2010 No. 53 s 195

pt hdg prev pt 6 hdg om 2008 No. 34 s 714

pres pt 6 hdg ins 2010 No. 53 s 195

ch 3 pt 6 div 1 hdg om 2008 No. 34 s 714

ch 3 pt 6 div 1 sdiv 1 hdg om 2008 No. 34 s 714

ch 3 pt 6 div 1 sdiv 2 hdg om 2008 No. 34 s 714

ch 3 pt 6 div 1 sdiv 3 hdg om 2008 No. 34 s 714

ch 3 pt 6 div 1 sdiv 4 hdg om 2008 No. 34 s 714

ch 3 pt 6 div 2 hdg om 2008 No. 34 s 714

438Application of make good obligations to particular bores

(1)This section applies if—

(a)a final report for a petroleum tenure is approved under section 385; and

(b)the report identifies a long-term affected area and 1 or more water bores in the long-term affected area.

(2)Part 5 applies for each water bore mentioned in subsection (1) (b) as if—

(a)the long-term affected area was an immediately affected area; and

(b)the bore was an immediately affected area bore; and

(c)the final report was an underground water impact report.

Note—

If a petroleum tenure ends, a reference in this chapter to a petroleum tenure holder includes a reference to the holder of the petroleum tenure immediately before it ended. See section 364.

s 438 ins 2010 No. 53 s 195

439Continuation of underground water obligations

A petroleum tenure holder’s obligation to give a final report under section 374, and the holder’s underground water obligations, continue to apply despite the ending of the tenure.

Note—

For access to the relevant land after the tenure ends to allow a petroleum tenure holder to comply with the holder’s underground water obligations, see section 441.

s 439 ins 2010 No. 53 s 195

440Petroleum tenure holder may start complying with make good obligations before final report approved

If a petroleum tenure ends, nothing in this chapter is taken to prevent the holder of the tenure undertaking a bore assessment of a water bore, or entering into a make good agreement for a water bore, before a final report for the tenure is approved.

s 440 ins 2010 No. 53 s 195

441Right of entry after petroleum tenure ends to comply with particular obligations

(1)This section applies if a petroleum tenure ends and the former holder of the petroleum tenure (the former tenure holder)—

(a)is the responsible tenure holder for an underground water obligation; or

(b)has not complied with an obligation to give a final report under part 2; or

(c)has been given a direction by the chief executive under part 8.

(2)The former tenure holder may enter land under the relevant entry provisions to comply with an obligation or direction mentioned in subsection (1).

(3)The relevant entry provisions apply to the former tenure holder as if—

(a)the tenure were still in force; and

(b)the former tenure holder were the holder of the tenure; and

(c)any water monitoring authorities held by the former tenure holder were still in force; and

(d)carrying out an activity to comply with an underground water obligation or a direction given by the chief executive under part 8 were an authorised activity for the tenure.

(4)In this section—

relevant entry provisions means—

(a)for a 1923 Act petroleum tenure under the Petroleum Act 1923 —parts 6H, 6I, 6J and 6K of that Act; and

(b)for a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 —chapter 5, parts 2, 3, 4 and 5 of that Act.

s 441 ins 2010 No. 53 s 195

pt hdg ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

448Application of div 1

(1)This division applies to a petroleum tenure holder if there is no approved underground water impact report applying to the area of the holder’s petroleum tenure.

(2)Also, this division applies to a petroleum tenure holder if—

(a)an approved underground water impact report or final report applies to the holder; and

(b)the chief executive has given the responsible entity for the report—

(i)a notice directing the entity to propose an amendment of the report under section 392; or

(ii)a notice of a proposed amendment under section 393; and

(c)the chief executive either—

(i)has not yet decided whether to approve or to make the amendment; or

(ii)has decided to approve the amendment or to amend the report, but the amendment has not yet taken effect.

s 448 prev s 448 om 2008 No. 34 s 714

pres s 448 ins 2010 No. 53 s 195

449Chief executive may direct petroleum tenure holder to carry out water monitoring activities

(1)The chief executive may give notice to the petroleum tenure holder to carry out a water monitoring activity for a stated area.

(2)In deciding to give the notice, the chief executive must have regard to the impact considerations relating to the holder.

(3)The notice must state the following—

(a)a reasonable timetable for carrying out the water monitoring activity;

(b)a program for reporting to the office and the chief executive about the implementation of the activity;

(c)the parameters to be measured in carrying out the activity;

(d)the locations for taking the measurements;

(e)the frequency of the measurements.

(4)The holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—500 penalty units.

(5)In this section—

water monitoring activity, for a petroleum tenure, means gathering information about, or monitoring, the effects of the exercise of underground water rights by the holder of the tenure.

s 449 prev s 449 om 2008 No. 34 s 714

pres s 449 ins 2010 No. 53 s 195

amd 2012 No. 39 s 69

div hdg ins 2010 No. 53 s 195

450Application of div 2

This division applies if—

(a)the chief executive reasonably believes urgent action is necessary—

(i)to restore water supply to a water bore with an impaired capacity; or

(ii)to prevent or minimise the likelihood of a water bore having an impaired capacity; and

(b)the chief executive is satisfied or reasonably believes failure to take the action may result in 1 or more of the following—

(i)significant economic loss or damage to any person;

(ii)a significant risk to the health of stock;

(iii)a loss of supply of water for domestic purposes or essential services, including, for example, the generation of electricity or the distribution of town water.

s 450 prev s 450 om 2008 No. 34 s 714

pres s 450 ins 2010 No. 53 s 195

451Power to give direction

(1)The chief executive may, for the purpose of taking the action for a matter mentioned in section 450 and by notice given to a petroleum tenure holder, direct the holder to take stated reasonable steps within a stated reasonable period.

(2)The notice must state that it is an offence for the holder not to comply with the direction unless the holder has a reasonable excuse.

(3)In deciding to give a direction to a petroleum tenure holder under subsection (1), the chief executive must consider the impact considerations relating to the holder.

s 451 prev s 450 om 2008 No. 34 s 714

pres s 450 ins 2010 No. 53 s 195

452Offence to fail to comply with direction

A petroleum tenure holder given a direction under section 451 must comply with the direction unless the holder has a reasonable excuse.

Maximum penalty—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

s 452 prev s 450 amd 2002 No. 77 s 243

om 2008 No. 34 s 714

pres s 450 ins 2010 No. 53 s 195

amd 2013 No. 51 s 229 sch 1

453Chief executive may take action and recover costs

(1)This section applies if a petroleum tenure holder fails to comply with a direction given under section 451.

(2)The chief executive may take the action.

(3)If the chief executive takes the action, the chief executive may give the holder a notice (a cost recovery notice) requiring the holder to pay the stated costs and expenses reasonably incurred by the chief executive in taking the reasonable steps.

(4)However, subsection (3) does not apply if the chief executive is satisfied the holder had a reasonable excuse for not complying with the direction.

(5)The cost recovery notice must state the following—

(a)the name of the holder;

(b)the location of the water bore to which the action related;

(c)a description of the action taken;

(d)the amount of the costs and expenses incurred;

(e)a description of the costs and expenses incurred;

(f)that if the holder does not pay the amount to the chief executive within 30 days after the day the notice is given, the chief executive may recover the amount and any interest payable on the amount from the holder as a debt;

(g)the contact details of the chief executive.

(6)If the holder does not pay the amount stated in the cost recovery notice to the chief executive within 30 days after the day the notice is given, the chief executive may recover the amount, and any interest payable on the amount, from the holder as a debt.

(7)A debt due under subsection (6) bears interest at the rate stated in a regulation.

s 453 prev s 453 om 2008 No. 34 s 714

pres s 453 ins 2010 No. 53 s 195

div hdg ins 2010 No. 53 s 195

454Directions to petroleum tenure holders and bore owners to give information

(1)The chief executive may give a petroleum tenure holder a notice requiring information about—

(a)compliance by the holder with its make good obligations for a water bore; or

(b)the quantity and quality of water produced or taken because of the exercise of the holder’s underground water rights; or

(c)a matter stated in an underground water impact report or final report given by the holder to the chief executive under part 2.

(2)Also, the chief executive may give a bore owner a notice requiring information about—

(a)a matter for which the owner is required to keep information under this Act in relation to the water bore; or

(b)the condition and capacity of the water bore.

(3)A notice given under this section—

(a)may be given at any time; and

(b)must state the reasonable period within which the information must be given to the chief executive.

(4)The person to whom the notice is given must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(5)If the person is an individual it is a reasonable excuse not to comply with the notice if giving the information might tend to incriminate the individual.

s 454 prev s 454 om 2008 No. 34 s 714

pres s 454 ins 2010 No. 53 s 195

ch hdg ins 2012 No. 39 s 70

pt hdg ins 2012 No. 39 s 70

div hdg ins 2012 No. 39 s 70

455Establishment

The Office of Groundwater Impact Assessment is established.

s 455 prev s 455 om 2008 No. 34 s 714

pres s 455 ins 2012 No. 39 s 70

div hdg ins 2012 No. 39 s 70

456Functions of office

(1)The office’s main functions are—

(a)to advise the chief executive on matters relating to impacts on underground water caused by the exercise of underground water rights by petroleum tenure holders; and

(b)to establish and maintain a database of information about underground water; and

(c)to prepare underground water impact reports for cumulative management areas.

(2)The office’s functions also include any other function given to the office under this Act or another Act.

s 456 prev s 456 om 2008 No. 34 s 714

pres s 456 ins 2012 No. 39 s 70

457General powers of office

The office has the powers necessary or convenient to perform its functions or to help achieve the purposes of this chapter, including, for example, the power to enter into contracts or appoint agents.

s 457 prev s 457 amd 2006 No. 23 s 19; 2007 No. 57 s 95

om 2008 No. 34 s 714

pres s 457 ins 2012 No. 39 s 70

458Advice to chief executive

(1)The chief executive may give the office a written direction requiring the office to advise the chief executive on any matter relating to impacts on underground water caused by the exercise of underground water rights.

(2)The office must comply with the direction.

(3)In this section—

chief executive means the chief executive of the department in which chapter 3 is administered.

s 458 ins 2012 No. 39 s 70

459Office to keep and maintain database

(1)The office must keep and maintain a database of information relevant to monitoring underground water, including—

(a)information obtained by the office under chapter 3; and

(b)information given to the office for, in or under an underground water impact report.

(2)The database may be kept in the way the manager considers appropriate, including, for example, in an electronic form.

s 459 ins 2012 No. 39 s 70

460Obtaining information about underground water from petroleum tenure holders

(1)The manager may give a petroleum tenure holder a notice requesting the following information about the exercise of underground water rights under the holder’s petroleum tenure—

(a)information the manager requires for complying with its obligations as a responsible entity under chapter 3, part 2;

(b)other information the manager requires to analyse and monitor impacts on underground water generally.

(2)The notice must state how, and a reasonable period of at least 20 business days by which, the information must be given.

(3)The petroleum tenure holder must comply with the notice, unless the holder has a reasonable excuse.

Maximum penalty—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

(4)If the petroleum tenure holder is an individual, it is a reasonable excuse not to comply with the notice if complying with the notice might tend to incriminate the holder.

s 460 ins 2012 No. 39 s 70

amd 2013 No. 51 s 229 sch 1

461Advisory bodies

The manager may establish advisory bodies it considers appropriate to give the office advice on the performance of its functions.

s 461 ins 2012 No. 39 s 70

div 3 (s 462) ins 2012 No. 39 s 70

462Membership of office

The office consists of—

(a)the manager of the office; and

(b)the other staff of the office.

div 3 (s 462) ins 2012 No. 39 s 70

div hdg ins 2012 No. 39 s 70

sdiv hdg ins 2012 No. 39 s 70

463Manager of the office

The office must have a manager.

s 463 ins 2012 No. 39 s 70

464Appointment of manager

(1)The manager is appointed on a full-time basis by the Governor in Council.

(2)Subject to sections 469 and 472, the manager is employed under the Public Service Act 2008 as if the manager were a senior executive.

(3)However, despite the Public Service Act 2008 , the manager can be removed from office only by the Governor in Council.

s 464 ins 2012 No. 39 s 70

465Eligibility for appointment

A person is eligible to be appointed as manager if the person has—

(a)appropriate qualifications relevant to underground water assessment and management or geology; and

Example of an appropriate qualification—

a degree relevant to groundwater management or geology

(b)experience relevant to the functions of the office.

s 465 ins 2012 No. 39 s 70

466Term of appointment

(1)Despite the Public Service Act 2008 , the manager holds office for the term stated in the instrument of the manager’s appointment.

(2)The term stated in the instrument of appointment can not be longer than 5 years.

(3)However, the manager is eligible for reappointment.

s 466 ins 2012 No. 39 s 70

467Functions of the manager

(1)The manager’s main functions are—

(a)to ensure the office performs its functions effectively and efficiently; and

(b)to make recommendations to the Minister about any matter that relates to the performance or exercise of the manager’s or office’s functions or powers.

(2)The manager’s functions also include any other function given to the manager under this Act or another Act.

(3) Subsection (1) does not prevent the attachment of the office to the department to ensure the office is supplied with the administrative support services it requires to perform its functions effectively and efficiently.

s 467 ins 2012 No. 39 s 70

468Powers of the manager

(1)The manager may exercise—

(a)the powers necessary or convenient for performing the manager’s functions under this Act or another Act; and

(b)all other powers necessary or convenient for discharging the obligations imposed on the manager under this Act or another Act.

(2)Also, the manager may exercise the powers of the office.

s 468 ins 2012 No. 39 s 70

469Independence in performing functions

The manager must, in performing the manager’s functions, exercise an independent judgment and is not subject to direction from anyone else.

s 469 prev s 469 om 2008 No. 34 s 714

pres s 469 ins 2012 No. 39 s 70

470Manager not to engage in other paid employment

The manager must not, without the approval of the Minister—

(a)hold any office of profit other than that of manager of the office; or

(b)engage in any paid employment outside the duties of that office; or

(c)actively take part in the activities of a business, or in the management of a corporation carrying on business.

s 470 prev s 470 om 2008 No. 34 s 714

pres s 470 ins 2012 No. 39 s 70

471Vacancy in office of manager

The office of the manager becomes vacant if the manager—

(a)completes a term of office; or

(b)resigns office by signed notice given to the Minister; or

(c)is removed from office by the Governor in Council under section 472; or

(d)is convicted of an indictable offence or an offence against this Act; or

(e)is a person who is an insolvent under administration under the Corporations Act, section 9.

s 471 prev s 471 amd 2001 No. 75 s 70

om 2008 No. 34 s 714

pres s 471 ins 2012 No. 39 s 70

472Termination of appointment

(1)The manager may be removed from office only under this section.

(2)The Governor in Council may remove the manager from office on any of the following grounds—

(a)proved incapacity, incompetence or misconduct;

(b)misconduct of a type that could, other than for section 464 (3), warrant dismissal from the public service;

(c)contravention of section 470.

s 472 ins 2012 No. 39 s 70

473Delegation

(1)The manager may delegate to an appropriately qualified person the manager’s functions under this or another Act.

(2)In this section—

appropriately qualified includes having the qualifications, experience or standing appropriate for the functions.

Examples of qualifications, experience or standing—

•a degree relevant to groundwater management or geology

•a person’s classification level in the public service

function includes power.

s 473 ins 2012 No. 39 s 70

474Preservation of rights as public service officer

(1)This section applies if—

(a)a person is appointed as the manager; and

(b)the person resigns the person’s role as a public service officer to accept the appointment.

(2)The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as the manager were a continuation of service as a public service officer.

(3)At the end of the person’s term of office or on resignation—

(a)the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as the manager; and

(b)the person’s service as the manager is to be regarded as service of a similar kind in the public service for deciding the person’s rights as a public service officer.

s 474 ins 2012 No. 39 s 70

475Superannuation if previously a public service officer

If—

(a)a person who is a public service officer is appointed as the manager; and

(b)immediately before the appointment the person was a member of the State Public Sector Superannuation Scheme under the Superannuation (State Public Sector) Act 1990 ;

the person continues to be, and to be eligible to be, a member of the scheme.

s 475 ins 2012 No. 39 s 70

sdiv 2 (ss 476–477) ins 2012 No. 39 s 70

476Office staff

The other staff are employed under the Public Service Act 2008 .

sdiv 2 (ss 476–477) ins 2012 No. 39 s 70

477Alternative staffing arrangements

(1)The manager may arrange with the chief executive of a department for the services of officers or employees of the department to be made available to the office.

(2)An officer or employee whose services are made available under subsection (1)—

(a)continues to be an officer or employee of the department; and

(b)continues to be employed or otherwise engaged by the department on the same terms and conditions applying to the officer or employee before his or her services were made available; and

(c)is, for the period the services are made available and for performing the office’s functions, taken to be a member of the staff of the office.

sdiv 2 (ss 476–477) ins 2012 No. 39 s 70

pt hdg ins 2012 No. 39 s 70

478Groundwater Impact Assessment Fund

The Groundwater Impact Assessment Fund is established.

s 478 ins 2012 No. 39 s 70

479Annual levy for underground water management

(1)The performance of the office’s functions are to be funded by an annual levy payable by each petroleum tenure holder.

(2)The levy must be worked out in the way prescribed under a regulation.

(3)The way the levy is worked out must be transparent and likely to be readily understood by petroleum tenure holders.

(4)The levy must be—

(a)based on the amount needed to recover the estimated costs to the office of performing its functions under chapter 3 in a financial year; and

(b)apportioned, where practicable, between petroleum tenure holders or classes of holders according to the cost to the office of performing functions specific to the holders or class of holders.

(5)For subsection (4) (a), the office’s estimated costs must be—

(a)prepared by the office; and

(b)approved by the Minister.

(6)When preparing the office’s estimated costs, the office may consult with a relevant advisory body.

(7)The levy must be paid in the amount, at the time and in the way prescribed under a regulation.

(8)If a petroleum tenure holder does not pay the levy as required under a regulation made under subsection (7), the State may recover from the holder the amount of the levy as a debt.

s 479 ins 2012 No. 39 s 70

480Payment of amounts into Groundwater Impact Assessment Fund

The following amounts, on receipt by the department, must be paid into the Groundwater Impact Assessment Fund —

(a)levy amounts paid by petroleum tenure holders under section 479;

(b)all interest paid because of late payment of levy amounts payable by petroleum tenure holders.

s 480 prev s 480 om 2008 No. 34 s 714

pres s 480 ins 2012 No. 39 s 70

481Payment of amounts from Groundwater Impact Assessment Fund

(1)The manager may make payments from the Groundwater Impact Assessment Fund under subsection (2).

(2)A payment from the fund must be for 1 or more of the following—

(a)paying expenses incurred by the office in administering the office or performing the functions of the office;

(b)paying expenses incurred by the manager in performing the manager’s functions;

(c)paying fees or expenses related to administering the fund;

(d)paying other amounts required or permitted under this Act or another Act to be paid out of the fund.

s 481 prev s 481 amd 2001 No. 75 s 71

om 2008 No. 34 s 714

pres s 481 ins 2012 No. 39 s 70

482Administration of Groundwater Impact Assessment Fund

(1)Accounts for the Groundwater Impact Assessment Fund must be kept as part of the departmental accounts of the department.

(2)Amounts received for the fund must be deposited in a departmental financial institution account of the department.

(3)Amounts received for the fund may be deposited in an account used for depositing other moneys of the department.

(4)In this section—

departmental accounts, of a department, means the accounts of the department kept under the Financial Accountability Act 2009 , section 69.

departmental financial institution account, of a department, means an account of the department kept under the Financial Accountability Act 2009 , section 83.

other moneys, of the department, means all moneys of the department other than amounts received for the Groundwater Impact Assessment Fund.

s 482 prev s 482 amd 2001 No. 75 s 72

om 2008 No. 34 s 714

pres s 482 ins 2012 No. 39 s 70

pt hdg ins 2012 No. 39 s 70

483Public access to database

(1)The office may make information in the database available to the public.

(2)However, the publicly available part of the database must not include information the office reasonably believes is commercially sensitive.

(3)A person may—

(a)free of charge, inspect the details contained in the publicly available part of the database at the office’s head office during normal business hours; and

(b)on payment of a fee decided by the chief executive, obtain a copy of the details from the office.

(4)The fee decided by the chief executive must not be more than the reasonable cost of producing the copy.

s 483 prev s 483 amd 2001 No. 75 s 73

om 2008 No. 34 s 714

pres s 483 ins 2012 No. 39 s 70

amd 2014 No. 64 s 138

484Petroleum tenure holder access to information

(1)The office must make any information in the database available to a petroleum tenure holder if the office is reasonably satisfied the information would assist the holder in complying with the holder’s obligations under this chapter.

(2)However, the office must not give information to a petroleum tenure holder under subsection (1) if the office reasonably believes the information is commercially sensitive.

s 484 prev s 484 amd 2001 No. 75 s 3 sch 2

om 2008 No. 34 s 714

pres s 484 ins 2012 No. 39 s 70

485Chief executive’s access to information

The office must make any information in the database, including information the office reasonably believes is commercially sensitive, available to the chief executive of the department in which chapter 3 is administered if the information may be relevant to the administration of chapter 3.

s 485 prev s 485 om 2008 No. 34 s 714

pres s 485 ins 2014 No. 64 s 140

542Purposes of ch 4

The main purpose of this chapter is to establish a framework for the operation of water authorities that provides for the following—

(a)efficiency in carrying out water activities by the application of commercial principles;

(b)appropriate governance arrangements and accountability requirements;

(c)community involvement in making and implementing arrangements for using, conserving and sustainably managing water.

s 542 amd 2007 No. 20 s 107; 2014 No. 64 s 141

pt hdg sub 2014 No. 64 s 142

548Establishing water authorities

(1)A regulation may establish a water authority to carry out water activities—

(a)generally in the State; or

(b)for a particular area (the authority area) identified in the regulation.

(2)The authority area may comprise 2 or more non-contiguous areas.

(3)The regulation must name the authority and, if the authority is established for an authority area, identify the authority area.

(4)After the commencement of this subsection, a regulation under subsection (1) may amend an establishment regulation but can not establish a new water authority.

s 548 amd 2001 No. 75 s 79; 2014 No. 64 s 143

549Categories of water authorities

A water authority may be a category 1 water authority or a category 2 water authority.

550Water authority is a body corporate etc.

(1)A water authority—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

(2)A water authority has all the powers of an individual and may, for example—

(a)enter into contracts; and

(b)acquire, hold, deal with and dispose of property.

(3) Subsection (2) does not limit a water authority’s powers under this or another Act.

(4)A water authority does not represent the State.

s 550 amd 2001 No. 75 s 3 sch 2

551Application of particular Acts to a water authority

(1)A water authority is a statutory body under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 .

(2)However, provisions of the Financial Accountability Act 2009 relating to planning, special payments, evaluations of assets and losses, other than losses resulting from an offence or misconduct, do not apply to a category 1 water authority.

s 551 amd 2001 No. 45 s 29 sch 3; 2009 No. 9 s 136 sch 1

556Amending establishment regulation

(1)This section applies despite the Acts Interpretation Act 1954 , section 24AA (b).

(2)Before an establishment regulation for a water authority is amended, the chief executive must publish notice of the amendment—

(a)in the gazette; and

(b)in another way the chief executive considers appropriate having regard to the intended audience for the notice.

(3)The notice must state the following—

(a)the proposed amendment;

(b)that written submissions on the proposed amendment may be made to the chief executive;

(c)the date, at least 20 business days after the notice is published, by which the submissions may be made;

(d)where the submissions may be made.

(4) Subsection (2) does not apply if the amendment—

(a)merely corrects a minor error in the regulation; or

(b)is not a change of substance.

(5)Also, subsection (2) does not apply if—

(a)the amendment is for the purpose of including land in, or excluding land from, the water authority’s authority area; and

(b)the water authority has by resolution asked the chief executive for the amendment to be made; and

(c)the chief executive is satisfied that all owners of land who are likely to be affected by the amendment have agreed to the amendment.

s 556 amd 2013 No. 23 s 270; 2014 No. 64 s 145

557Considering submissions on amending establishment regulation

The chief executive must consider each properly made submission about amending an establishment regulation before the regulation is amended.

569Main function of water authority

(1)A water authority’s main function is to carry out the water activities decided by the authority.

(2)If the authority has an authority area, its main function is to carry out the water activities for the authority area.

(3)However, a water authority with an authority area may carry out water activities outside its authority area if carrying out the activity—

(a)does not—

(i)limit the authority’s ability to perform its main function; or

(ii)financially prejudice the authority or its ratepayers or customers; and

(b)for a category 1 authority—is in accordance with the authority’s performance plan.

s 569 amd 2005 No. 19 s 116

570Other functions of water authority

(1)A water authority may carry out 1 or more of the following functions decided by it—

(a)riverine area protection;

(b)soil erosion control;

(c)land degradation treatment and prevention;

(d)the management of recreational areas on land owned by the authority or under its control.

(2)If a water authority has an authority area, it may carry out a function mentioned in subsection (1) either inside or outside its authority area.

571Establishment as a water authority is not a right to water entitlement or resource operations licence

To remove any doubt, it is declared that the establishment of a water authority to carry out water activities does not, of itself, entitle the authority to a water entitlement or a resource operations licence.

572Power to make and levy rates and charges

(1)A category 1 water authority, for carrying out its functions under this Act, may make and levy charges on its customers.

(2)A category 2 water authority, for carrying out its functions under this Act, may make and levy—

(a)charges on its customers; and

(b)if the authority has an authority area—rates and charges on its ratepayers.

(3)Without limiting subsection (1) or (2) (a), the authority may make and levy a charge for providing connections to its works.

(4)A charge may be made and levied on a volumetric basis for water activities carried out.

(5)A rate may be made and levied on a ratepayer’s land in the authority area in relation to a water service—

(a)if the water service is provided to the land as an irrigation service involving the supply of water the volume of which is not measured—on the basis of the area of the land that is the subject of the irrigation service; or

(b)otherwise—on the basis that it is land to which water may be supplied under the water service.

(6) Subsections (4) and (5) do not limit the ways in which a charge or rate may be made or levied.

s 572 amd 2014 No. 64 s 146

573Exemption from rates

Despite section 572 (2) (b), a water authority can not make and levy rates for water activities for the following land—

(a)unoccupied State land;

(b)unallocated State land reserved for a public purpose;

(c)land occupied by the State, other than land leased by the State from a person;

(d)land prescribed under a regulation for this section.

575Discount for payment of rates and charges

(1)A water authority may allow a discount for payment of a rate or charge made or levied by it.

(2)Unless a regulation prescribes otherwise, the discount must not be more than 15% of the rate or charge.

576Recovering rates and charges

A water authority may recover an overdue rate or charge made or levied by it, and any interest payable on the overdue rate or charge, as a debt due to the authority by the person on whom the rate or charge is made or levied.

577Power to take land

(1)A water authority may take any land.

(2)For land to which the Acquisition of Land Act 1967 applies, the authority is a constructing authority for that Act.

(3)The Land Act 1994 , chapter 5, part 3, applies, with any necessary changes, to land to which it applies.

(4)However, if the land is further land, a category 1 water authority must also obtain the Minister’s written approval before taking the land.

(5)In this section—

further land, for a water authority, means land the authority intends to acquire.

578Purposes for which land may be taken

A water authority may take land for carrying out works, and any other purpose, within the authority’s main functions.

579Delegation

(1)A water authority may, in writing, delegate its powers to a director or an appropriately qualified employee of the authority.

(2)A person must not, in relation to a matter, exercise a power that has been delegated to the person under subsection (1) if the person has a direct or indirect financial or personal interest in the matter.

Maximum penalty for subsection (2)—100 penalty units.

580Notice of proposed significant action

(1)This section applies if—

(a)a water authority proposes to do anything that may prevent, or have a significant adverse effect on, the authority performing its main function; or

(b)a category 2 water authority proposes to sell or buy property for more than $100,000.

(2)Before doing anything (the proposed significant action) mentioned in subsection (1), and as soon as practicable after proposing to do it, the water authority must give the Minister notice of the proposed significant action.

s 580 amd 2005 No. 19 s 117; 2014 No. 51 s 11

581Minister may require information

(1)The Minister, by notice given to a water authority, may require the authority to give the Minister information about the performance of its functions and operations under this Act.

(2)The notice must state the day by which the information must be given.

(3)The water authority must give the information to the Minister by the stated day.

582Statement of operations

(1)A category 1 water authority must include in its annual report a statement of its operations under this Act during the preceding financial year.

(2)The statement must contain the following—

(a)sufficient information to enable an informed assessment to be made of the operations, including a comparison of the authority’s performance with its performance plan;

(b)particulars of any amendments made to the authority’s performance plan in the financial year;

(c)particulars of any directions, including directions about community service obligations to be carried out by the authority, or notices, given to the authority for the financial year;

(d)particulars of the impact that any changes to the authority’s performance plan may have had on its financial position, including its operating surplus and deficit and prospects;

(e)particulars of any funding provided to the authority for community service obligations for the financial year.

s 582 amd 2014 No. 51 s 12

583Identification and disclosure of cross-subsidies

(1)This section applies to water authorities that charge on a volumetric basis for water the authorities manage and are prescribed by regulation.

(2)Each water authority must include in its annual report a statement—

(a)identifying and disclosing all cross-subsidies between classes of its ratepayers or customers in carrying out its water activities; and

(b)disclosing—

(i)the classes of its ratepayers or customers for whom a water activity is carried out at an amount below the full cost of the activity; and

(ii)the amount.

(3)The cross-subsidies must be calculated in accordance with the guidelines, if any, issued by the chief executive for calculating cross-subsidies.

s 583 sub 2001 No. 75 s 80

amd 2003 No. 19 s 3 sch 2; 2003 No. 25 s 110 (amdt could not be given effect); 2014 No. 51 s 13

div hdg sub 2007 No. 20 s 108

584Water authority may enter into work performance arrangements

(1)A water authority may enter into, and give effect to, a work performance arrangement with the appropriate authority of a government entity.

(2)A work performance arrangement may make provision for all matters necessary or convenient to be provided under the arrangement.

(3)For example, a work performance arrangement may provide for—

(a)the appointment of a person to an office, and the holding of the office by the person, for the arrangement; and

(b)the authorising of a person to exercise powers for the arrangement; and

(c)whether payment is to be made for work done under the arrangement and, if so, what payment is to be made and who is to make the payment.

(4)A person performing work for a water authority under a work performance arrangement entered into under subsection (1)—

(a)is not employed by the water authority; and

(b)remains an employee of the government entity whose appropriate authority is a party to the arrangement.

(5)To remove any doubt, it is declared that a water authority does not have power to employ a person performing work for the water authority under a work performance arrangement entered into under subsection (1).

s 584 sub 2007 No. 20 s 108

amd 2014 No. 64 s 148

585Duties and liabilities of water authority officers

(1)An officer of a water authority must act honestly in exercising powers, and discharging functions, as an officer of the authority.

Maximum penalty—

(a)if the contravention is committed for a fraudulent purpose—500 penalty units or imprisonment for 5 years; or

(b)in any other case—100 penalty units.

(2)In exercising powers and discharging functions, an officer of a water authority must exercise the degree of care and diligence that a reasonable person in a like position in a water authority would exercise in the authority’s circumstances.

Maximum penalty—100 penalty units.

(3)An officer of a water authority, or a person who has been an officer of a water authority, must not make improper use of information acquired because of his or her position as an officer of a water authority—

(a)to gain, directly or indirectly, an advantage for himself or herself or for another person; or

(b)to cause detriment to the authority.

Maximum penalty—500 penalty units or imprisonment for 5 years.

(4)An officer of a water authority must not make improper use of his or her position as an officer of the authority—

(a)to gain, directly or indirectly, an advantage for himself or herself or another person; or

(b)to cause detriment to the authority.

Maximum penalty—500 penalty units or imprisonment for 5 years.

(5)If a person contravenes this section in relation to a water authority, the authority may recover from the person as a debt due to the authority—

(a)if the person or another person made a profit because of the contravention—an amount equal to the profit; and

(b)if the authority suffered loss or damage because of the contravention—an amount equal to the loss or damage.

(6)An amount may be recovered from the person under subsection (5) whether or not the person has been convicted of an offence in relation to the contravention.

(7) Subsection (6) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002 .

(8)This section—

(a)is in addition to, and does not limit, any rule of law relating to the duty or liability of a person because of the person’s office in relation to a corporation; and

(b)does not prevent civil proceedings being instituted for a breach of the duty or the liability.

(9)In this section—

officer, of a water authority, includes—

(a)an employee of the water authority; and

(b)an employee of a government entity who performs work for the water authority under a work performance arrangement between the water authority and the government entity.

s 585 amd 2002 No. 68 s 339 sch 4; 2007 No. 20 s 109; 2014 No. 64 s 149

597Board of directors

A water authority must have a board of directors (a board).

598Composition of board for water authorities

(1)As soon as practicable after a new water authority is formed on an amalgamation under section 690, the chief executive must publish a notice in the gazette stating—

(a)the number of directors comprising the authority’s board; and

(b)whether the directors are to be elected by the authority’s ratepayers or nominated and, if they are to be nominated, by whom they are to be nominated.

(2)Directors that are to be elected must be elected—

(a)in the way prescribed by regulation; and

(b)to the extent the way is not prescribed by regulation—in the way approved by the chief executive.

s 598 sub 2001 No. 75 s 81

amd 2003 No. 19 s 3 sch 2; 2003 No. 25 s 111 (1) (amdt could not be given effect), (2); 2013 No. 23 s 271; 2014 No. 64 s 150

598AChanging the composition of a board

(1) Subsection (2) applies for a proposed change in the composition of the board of a water authority.

(2)The chief executive must publish notice of the proposed change—

(a)in the gazette; and

(b)in another way the chief executive considers appropriate having regard to the intended audience for the notice.

(3)The notice must state the following—

(a)the proposed change;

(b)that written submissions on the proposed change may be made to the chief executive;

(c)the day, at least 20 business days after the notice is published, by which submissions may be made;

(d)where the submissions may be made.

(4)The chief executive must consider each properly made submission about the proposed change before publishing a notice in the gazette amending the notice published under section 598.

(5) Subsection (2) does not apply if the change—

(a)merely corrects a minor error in the notice published under section 598; or

(b)is not a change of substance.

s 598A ins 2001 No. 75 s 81

amd 2013 No. 23 s 272

600Appointment of directors

(1)The directors for a category 1 water authority must be appointed by the Governor in Council.

(2)After the commencement of this section, the directors for a category 2 water authority must be appointed by the Minister.

s 600 sub 2014 No. 64 s 151

601Chairperson

(1)The chairperson of a category 1 water authority’s board is the director chosen as chairperson by the chief executive.

(2)The chairperson of a category 2 water authority’s board is the director chosen as chairperson by the directors comprising the board.

(3)If a chairperson is not chosen for the board under subsection (2) within 1 month after the date appointed for the board’s first meeting, the chairperson is the director chosen by the chief executive.

(4)The chairperson holds office until the annual meeting of the board next following the director’s selection as chairperson.

s 601 amd 2013 No. 23 s 274

602Administration of water authority

(1)The Minister may appoint the chief executive, or another person if the Minister considers the person is appropriately qualified, to administer a water authority formed on an amalgamation under section 690 until the authority’s first board is appointed.

(2) Subsection (3) applies if—

(a)the Governor in Council or Minister removes all the directors of a water authority’s board from office; or

(b)for another reason, there are no directors comprising a water authority’s board.

(3)The Minister may appoint either of the following persons to administer the water authority until a board is appointed for the authority—

(a)the chief executive;

(b)another person the Minister considers has the necessary qualifications and experience to administer the authority.

(4) Subsection (5) applies if the Minister considers it is not practicable for the chief executive or another person to administer a new category 2 water authority formed on an amalgamation under section 690 until the authority’s first board is appointed.

(5)The Minister may direct, or the regulation providing for the amalgamation may provide, that until the new authority’s board is appointed under section 600, the new authority is to be administered by a board made up of each person who, immediately before the amalgamation, was a director of 1 or more of the water authorities that were amalgamated.

s 602 amd 2001 No. 75 s 82; 2014 No. 64 s 152

603Eligibility for appointment as director

(1)A person is not eligible to be elected, or nominated for appointment, as a director if the person—

(a)becomes mentally or physically incapable of satisfactorily performing the director’s duties; or

(b)is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or

(c)has been convicted of an indictable offence, whether in Queensland or elsewhere, and the rehabilitation period for the offence has not expired or has been revived under the Criminal Law (Rehabilitation of Offenders) Act 1986 ; or

(d)is an employee of the authority; or

(e)is directly interested in an agreement with, or on behalf of, the authority.

(2) Subsection (1) (e) does not apply to a person to the extent the person is directly interested in an agreement with the water authority for the supply of water.

603AInvestigations about eligibility for appointment

(1)The chief executive may make investigations about a person to decide whether the person is eligible to be elected or nominated for appointment as a director.

(2)Without limiting subsection (1), the chief executive may ask the commissioner of the police service for a written report about the criminal history of the person.

(3)The commissioner must give the report to the chief executive.

(4)However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.

s 603A ins 2003 No. 25 s 112

603BCriminal history is confidential document

(1)An officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 603A.

Maximum penalty for subsection (1)—100 penalty units.

(2)However, the officer, employee or agent does not contravene subsection (1) if—

(a)disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or

(b)the disclosure is otherwise required or permitted by law.

(3)The chief executive must destroy the report as soon as practicable after considering the person’s eligibility.

s 603B ins 2003 No. 25 s 112

604Term of office for directors of water authorities

(1)Subject to subsections (2) and (3), a director is appointed for the term of up to 3 years as stated in the director’s instrument of appointment.

(2)The director continues holding office after the director’s term of office ends until the director’s successor is appointed.

(3)If a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director’s term of office.

s 604 amd 2003 No. 25 s 113; 2014 No. 51 s 14

604ASpecial provision for director nominated by local government

If a director of a category 2 water authority is the nominee of a local government, the day the director’s term ends must be not later than 6 months after the day prescribed under the Local Government Act 2009 for holding the quadrennial election next following the director’s appointment.

s 604A ins 2014 No. 64 s 153

606Resignation

(1)A director on a water authority’s board may resign by signed notice of resignation given to the chairperson of the board.

(2)The chairperson of a water authority’s board may resign from office as chairperson, or as a director, by signed notice of resignation given to the other directors on the board.

s 606 amd 2014 No. 51 s 16

607Termination of appointment as director

(1)The Governor in Council, for a category 1 water authority, and the Minister, for a category 2 water authority, may remove a director on a water authority’s board from office if the director—

(a)is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or

(b)becomes ineligible to be elected or nominated for appointment as a director; or

(c)declines to act as a director; or

(d)is convicted of an offence against this Act; or

(e)is prohibited from being a director of a body corporate by the Corporations Act for a reason other than a person’s age.

(2)The Minister may remove a director under subsection (1) even if the director was appointed by the Governor in Council.

s 607 amd 2001 No. 45 s 29 sch 3; 2014 No. 64 s 154

608Casual vacancy

(1)The office of a director becomes vacant if—

(a)the director dies during the director’s term of office; or

(b)the director resigns from office; or

(c)the Governor in Council or Minister removes the director from office.

(2)The office of a director also becomes vacant if the director—

(a)is a nominee and councillor of a local government; and

(b)ceases to be a councillor of the local government other than by—

(i)defeat at an election of councillors of the local government; or

(ii)failure to contest the election.

s 608 amd 2014 No. 64 s 155

609Removal of board

(1)The Governor in Council, for a category 1 water authority, and the Minister, for a category 2 water authority, may remove all the directors of a water authority’s board from office if the board—

(a)does not comply with a public sector policy notified to it by the Minister under this Act; or

(b)does not comply with a direction given to it by the Minister under this Act; or

(c)does not comply with its obligations under this Act for the preparation and submission of—

(i)performance plans; or

(ii)any reports under the performance plans; or

(iii)a corporate plan; or

(d)does not comply with its obligations under the Financial Accountability Act 2009 for the preparation and submission of reports and plans.

(2)The Minister may remove directors under subsection (1) even if the directors were appointed by the Governor in Council.

s 609 amd 2009 No. 9 s 136 sch 1; 2013 No. 23 s 275; 2014 No. 64 s 156

610Disclosure of interests

(1)This section applies to a director on a water authority’s board if—

(a)the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the director’s duties about the consideration of the matter.

(2)As soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a meeting of the board.

Maximum penalty—100 penalty units.

(3)The disclosure must be recorded in the board’s minutes.

(4)Unless the board otherwise decides, the director must not—

(a)be present when the board considers the matter; or

(b)take part in a decision of the board on the matter.

Maximum penalty—100 penalty units.

(5)The director must not be present when the board is considering its decision under subsection (4).

Maximum penalty—100 penalty units.

(6)Another director who also has a direct or indirect financial or personal interest in the matter must not—

(a)be present when the board is considering its decision under subsection (4); or

(b)take part in making the decision.

Maximum penalty—100 penalty units.

(7)In this section—

financial or personal interest, of a person in a matter, does not include—

(a)the person’s interest in the matter as a customer or ratepayer of the water authority; or

(b)for a person nominated by an entity for appointment as a director, an interest in an agreement with the authority for the supply of water to the entity.

611Declaration about duty to act in authority’s interest

To remove any doubt, it is declared that a director of a water authority, in exercising powers, and discharging functions, as a director of the authority, must act in the best interests of the authority.

612Prohibition on loans to directors

(1)A water authority must not, directly or indirectly—

(a)make a loan to a director, a director’s spouse, or a relative of a director or a director’s spouse; or

(b)give a guarantee or provide security for a loan made to a director, a director’s spouse, or a relative of a director or a director’s spouse.

(2) Subsection (1) does not apply to the entering into by the authority of an instrument with a person mentioned in the subsection if the instrument is entered into on the same terms as similar instruments are entered into by the authority with members of the public.

(3)A director of a water authority must not be knowingly concerned in a contravention of subsection (1) by the authority, whether or not in relation to the director.

Maximum penalty—100 penalty units.

(4)In this section—

relative, of a person, means the person’s—

(a)parent or remoter lineal ancestor; or

(b)son, daughter or remoter issue; or

(c)brother or sister.

613Water authority not to indemnify officers

(1)A water authority must not—

(a)indemnify a person who is or has been an officer of the authority against a liability incurred by the person as an officer of the authority; or

(b)exempt a person who is or has been an officer of the authority from a liability incurred as an officer of the authority.

(2)An instrument is void to the extent it is inconsistent with subsection (1).

(3) Subsection (1) does not prevent a water authority from indemnifying a person against a civil liability, other than a liability to the authority, unless the liability arises out of conduct involving lack of good faith.

(4) Subsection (1) does not prevent a water authority from indemnifying a person against a liability for costs and expenses incurred by the person—

(a)in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or

(b)in connection with an application in relation to a proceeding in which relief is granted to the person by a court.

(5)A water authority may give an indemnity mentioned in subsection (3) or (4) only if the Minister has approved the giving of the indemnity.

614Water authority not to pay premiums for particular liabilities of officers

(1)A water authority must not pay, or agree to pay, a premium for a contract insuring a person who is or has been an officer of the authority against a liability—

(a)incurred by the person as an officer of the authority; and

(b)arising out of a breach of conduct involving—

(i)a wilful breach of duty in relation to the authority; or

(ii)a contravention of section 585 (3) or (4).

(2) Subsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever the outcome of the proceedings.

(3)An instrument is void to the extent it is inconsistent with subsection (1).

(4)In this section—

pay includes pay indirectly through 1 or more interposed entities.

615Director’s duty to prevent insolvent trading

(1)This section applies if—

(a)immediately before a water authority incurs a debt—

(i)there are reasonable grounds to suspect the authority will not be able to pay all its debts as and when they become payable; or

(ii)there are reasonable grounds to suspect that, if the authority incurs the debt, it will not be able to pay all its debts as and when they become payable; and

(b)the authority is, or later becomes, unable to pay all its debts as and when they become payable.

(2)A person who is a director of the authority, or takes part in the authority’s management, at the time the debt is incurred commits an offence.

Maximum penalty—100 penalty units or imprisonment for 1 year.

(3)In a proceeding against a person for an offence against this section, it is a defence if it is proved—

(a)that the debt was incurred without the person’s express or implied authority or consent; or

(b)that, at the time the debt was incurred, the person did not have reasonable cause to suspect that—

(i)the authority would not be able to pay all its debts as and when they became payable; or

(ii)if the authority incurred the debt, it would not be able to pay all its debts as and when they became payable; or

(c)the person took all reasonable steps to prevent the authority from incurring the debt; or

(d)for a director—the person did not take part at the time in the authority’s management because of illness or for some other good cause.

616Court may order compensation

(1)This section applies if a person is convicted of an offence against section 615 in relation to the incurring of a debt by a water authority.

(2)The Supreme Court or the District Court may declare that the person is to be personally responsible, without any limitation of liability, for the payment to the authority of the amount required to satisfy the part of the authority’s debts that the court considers appropriate.

(3)This section does not affect any rights of a person to indemnity, subrogation or contribution.

(4)This section—

(a)is in addition to, and does not limit, any rule of law about the duty or liability of a person because of the person’s office in relation to a water authority; and

(b)does not prevent proceedings being started for a breach of the duty or the liability.

617Examination of persons concerned with water authorities

(1)This section applies if it appears to the Attorney-General that—

(a)a person who has been concerned, or taken part, in a water authority’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to the authority; or

(b)a person may be capable of giving information in relation to a water authority’s management, administration or affairs.

(2)The Attorney-General may apply to the Supreme Court or the District Court for an order under this section in relation to the person.

(3)The court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on any matters relating to the water authority’s management, administration or affairs.

(4)The examination of the person must be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private.

(5)The court may give directions about—

(a)the matters to be inquired into at the examination; and

(b)the procedures to be followed at the examination including, if the examination is to be held in private, the persons who may be present.

(6)The person must not fail, without reasonable excuse—

(a)to attend as required by the order; or

(b)to continue to attend as required by the court until the completion of the examination.

Maximum penalty—200 penalty units or imprisonment for 2 years.

(7)The person must not fail to take an oath or make an affirmation at the examination.

Maximum penalty—200 penalty units or imprisonment for 2 years.

(8)The person must not fail to answer a question that the person is directed by the court to answer.

Maximum penalty—200 penalty units or imprisonment for 2 years.

(9)The person may be directed by the court (whether in the order or by subsequent direction) to produce any document in the person’s possession, or under the person’s control, relevant to the matters on which the person is to be, or is being, examined.

(10)The person must not, without reasonable excuse, contravene a direction under subsection (9).

Maximum penalty—200 penalty units or imprisonment for 2 years.

(11)If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien.

(12)The person must not knowingly make a statement at the examination that is false or misleading in a material particular.

Maximum penalty—500 penalty units or imprisonment for 5 years.

(13)The person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty.

(14) Subsection (15) applies if—

(a)before answering a question put to the person at the examination, the person claims that the answer might tend to incriminate the person or make the person liable to a penalty; and

(b)the answer might in fact tend to incriminate the person or make the person liable to a penalty.

(15)The answer is not admissible in evidence against the person in a criminal proceeding or a proceeding for the imposition of a penalty, other than a proceeding for an offence against this section or another proceeding in relation to the falsity of the answer.

(16)The court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record.

(17)Subject to subsection (15), any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person.

(18)The person may, at his or her own expense, employ a lawyer, and the lawyer may put to the person questions that the court considers just for the purpose of enabling the person to explain or qualify any answers given by the person.

(19)The court may adjourn the examination from time to time.

(20)If the court is satisfied that the order for the examination of the person was obtained without reasonable cause, the court may order all, or any part, of the costs incurred by the person be paid by the State.

618Power to grant relief

(1)This section applies to a person who is—

(a)an officer or employee of a water authority; or

(b)an employee of a government entity who performs work for a water authority under a work performance arrangement between the water authority and the government entity.

(2) Subsection (3) applies if, in a proceeding against the person for negligence, default, breach of trust or breach of duty as an officer or employee of the water authority or as an employee of the government entity, it appears to the court that—

(a)the person is or may be liable for the negligence, default or breach; but

(b)the person has acted honestly and, having regard to all the circumstances of the case, including circumstances connected with the person’s appointment, the person ought fairly to be excused for the negligence, default or breach.

(3)The court may relieve the person, wholly or partly, from liability on terms the court considers appropriate.

(4)If the person believes that a claim will or might be made against the person for negligence, default, breach of trust or breach of duty as an officer or employee of the water authority or as an employee of the government entity, the person may apply to the Supreme Court or the District Court for relief.

(5)The court has the same power to relieve the person as it would have if a proceeding had been brought against the person in the court for the negligence, default or breach.

(6) Subsection (7) applies if—

(a)a proceeding mentioned in subsection (2) is being tried by a judge with a jury; and

(b)the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved, wholly or partly, from the liability sought to be enforced against the person.

(7)The judge may withdraw the case, wholly or partly, from the jury and direct that judgment be entered for the defendant on the terms, as to costs or otherwise, that the judge considers appropriate.

s 618 amd 2007 No. 20 s 110; 2014 No. 64 s 157

619False or misleading information or documents

(1)In this section—

officer, of a water authority, includes—

(a)an employee of the water authority; and

(b)an employee of a government entity who performs work for the water authority under a work performance arrangement between the water authority and the government entity.

(2)An officer of a water authority must not—

(a)make a statement concerning the affairs of the authority to another officer or the Minister that the first officer knows is false or misleading in a material particular; or

(b)omit from a statement concerning the authority’s affairs made to another officer or the Minister anything without which the statement is, to the first officer’s knowledge, misleading in a material particular.

(3)It is enough for a complaint for an offence against subsection (2) (a) or (b) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.

(4)An officer of a water authority must not give to another officer or the Minister a document containing information that the first officer knows is false, misleading or incomplete in a material particular without—

(a)indicating to the recipient that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and

(b)giving the correct information to the recipient if the first officer has, or can reasonably obtain, the correct information.

Maximum penalty—

(a)if the contravention is committed with intent to deceive or defraud the water authority, its creditors or creditors of another person or for another fraudulent purpose—500 penalty units or imprisonment for 5 years; or

(b)otherwise—100 penalty units.

s 619 amd 2007 No. 20 s 111; 2014 No. 64 s 158

619AApplication

(1)Sections 620 to 622 apply to the board of a category 1 water authority.

(2) Section 623 applies to the board of any water authority.

s 619A ins 2014 No. 64 s 159

620Time and place of meetings

(1)Meetings of the board are to be held at the times and places it decides.

(2)However, the board must hold—

(a)its first meeting at the time and place decided by the chief executive; and

(b)at least 1 meeting a year.

(3)The board chairperson—

(a)may call a board meeting at any time; and

(b)must call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors.

621Conduct of proceedings

(1)The board’s chairperson must preside at all meetings at which the chairperson is present.

(2)If the chairperson is absent, the director chosen by the directors present must preside.

(3)At a board meeting—

(a)a quorum is the number of directors equalling one-half the number of directors on the board plus 1 or, if the number is not a whole number, the next highest whole number; and

(b)a question is decided by a majority of the votes of the directors present and voting; and

(c)each director present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.

(4)Unless otherwise prescribed under a regulation, the board may conduct its proceedings, including its meetings, as it considers appropriate.

622Participation in meetings by telephone etc.

(1)The board may permit directors to participate in a particular meeting, or all meetings, by—

(a)telephone; or

(b)closed circuit television; or

(c)another means of communication.

(2)A director who participates in a meeting of the board under a permission under subsection (1) is taken to be present at the meeting.

623Minutes

The board must keep minutes of its proceedings.

624Fees and allowances

A director is entitled to be paid the fees and allowances approved by the Minister.

637Meaning of commercialisation

Commercialisation of a category 1 water authority involves the authority undergoing a structural reform process so that it operates, as far as practicable, on a commercial basis and in a competitive environment.

638Key commercialisation principles

(1)The key commercialisation principles are the following—

(a)principle 1—clarity of objectives;

(b)principle 2—management autonomy and authority;

(c)principle 3—accountability for performance;

(d)principle 4—competitive neutrality.

(2)The elements of principle 1 are as follows—

(a)the water authority will have clear, non-conflicting objectives;

(b)specific financial and non-financial performance targets will be set for the commercial activities of the water authority and stated in its performance plan;

(c)any community service obligations of the water authority will be—

(i)clearly identified in its performance plan; and

(ii)separately costed;

(d)the water authority will be appropriately funded for its community service obligations and any funding will be made apparent;

(e)the water authority will be set performance targets for its community service obligations.

(3)The elements of principle 2 are as follows—

(a)the water authority will be required to use its best endeavours to ensure it meets its performance targets;

(b)subject to this Act, the water authority will be given autonomy in its day-to-day operations;

(c)government directions for the water authority to achieve non-commercial objectives will be exercised in an open way;

(d)in its day-to-day operations, the water authority will be at arms-length to the State.

(4)The elements of principle 3 are as follows—

(a)the water authority’s board will be accountable to the Minister for the authority’s performance;

(b)the authority’s performance plan will form the basis for accountability;

(c)the authority’s performance will be monitored by the chief executive against the performance targets specified in its performance plan;

(d)government monitoring of the authority is intended to compensate for the absence of the wide range of monitoring to which corporations whose shares are listed on a stock exchange are subject.

(5)The elements of principle 4 are as follows—

(a)the efficiency of overall resource use is promoted by ensuring markets are not unnecessarily distorted;

(b)wherever possible and appropriate, advantages and disadvantages accruing to the water authority because it is a statutory authority should be removed.

(6)Without limiting subsection (5) (b), advantages accruing to the water authority may be removed by requiring the authority—

(a)to pay to the State amounts equivalent to—

(i)government taxes that are not otherwise payable by the authority to the Commonwealth, State or local government; and

(ii)any cost of funds advantage the authority obtains over commercial rates of interest because of State guarantees given for providing the goods or services; and

(b)to comply with Commonwealth, State and local government requirements that apply only if the activity carried on by the authority were carried on by a private sector business, including, for example, requirements about protecting the environment and planning and approval processes.

639Category 1 water authorities subject to commercialisation

Category 1 water authorities are subject to commercialisation.

640Key objectives of category 1 water authority

(1)Under commercialisation, the key objectives of a category 1 water authority are to be—

(a)commercially successful in carrying on its activities; and

(b)efficient and effective in providing goods and delivering its services, including things done as community service obligations.

(2)The commercial success, efficiency and effectiveness of a category 1 water authority are to be measured against its financial and non-financial performance targets stated in its performance plan.

645Category 1 water authority must have corporate plan

A category 1 water authority must have a corporate plan.

646Guidelines for corporate plans

(1)The Minister may issue guidelines about the form and content of corporate plans.

(2)Each category 1 water authority must comply with the guidelines.

(3)Guidelines under this section are subordinate legislation.

647Draft corporate plan

(1)A category 1 water authority must prepare and submit to the Minister, for the Minister’s agreement, a draft corporate plan no later than 2 months before the start of each financial year.

(2)The authority and Minister must endeavour to reach agreement on the draft plan no later than the start of the financial year to which the plan applies.

s 647 amd 2014 No. 51 s 18

648Special procedures for draft corporate plan

(1)The Minister may return the draft corporate plan to the water authority and request it to—

(a)consider, or further consider, any matter and deal with the matter in the draft plan; and

(b)revise the draft plan in the light of its consideration or further consideration.

(2)The board must comply with the request as a matter of urgency.

(3)If a draft corporate plan has not been agreed to by the Minister before the start of the financial year, the Minister may, by notice, direct the authority—

(a)to take specified steps in relation to the draft plan; or

(b)to make specified modifications to the draft plan.

(4)The authority must immediately comply with a direction under subsection (3).

(5)The Minister must cause a copy of a direction to be published in the gazette within 15 business days after it is given.

s 648 amd 2014 No. 51 s 19

649Corporate plan on agreement

When a water authority’s draft corporate plan is agreed to by the Minister, it becomes the authority’s corporate plan for the relevant financial year.

650Corporate plan pending agreement

(1)This section applies if the Minister has not agreed to a draft corporate plan before the start of the financial year to which the plan applies.

(2)The draft corporate plan submitted, or last submitted, by the authority to the Minister before the start of the financial year (with any modifications made by the authority, whether before or after that time, at the direction of the Minister) is taken to be the authority’s corporate plan until a draft corporate plan becomes the authority’s corporate plan under section 649.

s 650 amd 2014 No. 51 s 20

651Modifying corporate plan

(1)A water authority’s corporate plan may be modified by the authority with the Minister’s agreement.

(2)The Minister, by notice, may direct the authority to modify the corporate plan.

(3)The Minister must cause a copy of the direction to be published in the gazette within 15 business days after it is given.

652Category 1 water authority must have performance plan

(1)A category 1 water authority must have a performance plan for each financial year.

(2)The performance plan must be consistent with the authority’s corporate plan.

653Content of performance plan

(1)A category 1 water authority’s performance plan must include the following for the relevant financial year—

(a)the authority’s financial and non-financial performance targets for its functions;

(b)particulars of the authority’s relevant employment and industrial relations plan;

(c)an outline of the authority’s objectives;

(d)an outline of the nature and scope of the activities proposed to be undertaken by the authority during the financial year;

(e)an outline of the authority’s main undertakings during the financial year;

(f)the authority’s proposed infrastructure investments;

(g)the authority’s capital structure and dividend policies;

(h)the authority’s forecast taxation obligations;

(i)an outline of the borrowings made, and proposed to be made, by the authority;

(j)an outline of the policies adopted by the authority to minimise and manage any risk of investments and borrowings that may adversely affect its financial stability;

(k)an outline of the authority’s asset management plans, including its policies and procedures relating to the acquisition and disposal of major assets;

(l)the authority’s accounting policies that apply to the preparation of its accounts;

(m)style and frequency of reporting requirements;

(n)the performance indicators for the authority’s performance targets.

(2)The performance plan must also contain the following particulars about the water authority’s community service obligations—

(a)the nature and extent of the obligations to be performed by the authority for the financial year to which the plan relates;

(b)the costs for the obligations;

(c)the ways in which, and the extent to which, the authority must be compensated by the State for performing the obligations;

(d)performance targets for the obligations.

654Preparing draft performance plan

(1)A category 1 water authority must prepare, and give to the Minister for approval, a draft performance plan.

(2)The draft must be given to the Minister no later than 2 months before the start of the financial year to which the plan applies.

(3)The authority and the Minister must try to reach agreement on the draft performance plan—

(a)as soon as possible; and

(b)no later than the start of the financial year to which the plan applies.

s 654 amd 2014 No. 51 s 21

655Special procedures for draft performance plan

(1)The Minister may return the draft performance plan to the water authority and request it to—

(a)consider, or further consider, any matter and deal with the matter in the draft plan; and

(b)revise the draft plan in the light of its consideration or further consideration.

(2)The authority must immediately comply with the request.

(3)If a draft performance plan has not been agreed to by the Minister before the start of the financial year, the Minister may, by notice, direct the authority—

(a)to take specified steps in relation to the draft plan; or

(b)to make specified modifications to the draft plan.

(4)The authority must immediately comply with a direction under subsection (3).

(5)The Minister must cause a copy of a direction to be published in the gazette within 15 business days after it is given.

s 655 amd 2014 No. 51 s 22

656Performance plan on agreement

When a water authority’s draft performance plan is agreed to by the Minister, it becomes the authority’s performance plan for the relevant financial year.

657Performance plan pending agreement

(1)This section applies if the Minister has not agreed to a draft performance plan before the start of the financial year to which the plan applies.

(2)The draft performance plan submitted, or last submitted, by the authority to the Minister before the start of the financial year (with any modifications made by the authority, whether before or after that time, at the direction of the Minister) is taken to be the authority’s performance plan until a draft performance plan becomes the authority’s performance plan under section 656.

s 657 amd 2014 No. 51 s 23

658Modifying performance plan

(1)A water authority’s performance plan may be modified by the authority with the Minister’s agreement.

(2)The Minister, by notice, may direct the authority to modify the performance plan.

(3)The Minister must cause a copy of the direction to be published in the gazette within 15 business days after it is given.

659Treasurer may issue tax equivalents manual

(1)The Treasurer may issue a manual (the tax equivalents manual) about deciding the amounts (tax equivalents) that must be taken into account by a category 1 water authority in applying full cost pricing to its operations as the value of benefits derived by the authority if there is no liability to pay a government tax that would be payable by the authority if it were not a statutory authority.

(2)Without limiting subsection (1), the tax equivalents manual may provide for the following—

(a)rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax;

(b)lodging returns and giving information;

(c)assessing returns;

(d)the tax assessor’s functions and powers;

(e)objections and appeals against assessments and rulings.

(3)The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual.

(4)A category 1 water authority must, as required under the tax equivalents manual, pay tax equivalents to the Minister for payment to the consolidated fund.

(5)The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment is made.

660Payment of dividends

(1)On or after 1 May, but before 16 May, of each financial year, a category 1 water authority must recommend to the Minister that it pay a specified dividend, or not pay a dividend, to the State for the financial year.

(2)The recommendation must be accompanied by—

(a)the authority’s estimate of the authority’s profits (the estimated profits) for the financial year, after provision has been made for income tax or its equivalent; and

(b)if the authority has made any adjustment to the estimated profits in making the recommendation—a statement of the amount of, and reason for, each adjustment.

Example of an adjustment to estimated profits—

exclusion of an amount for unrealised capital gains from upwards revaluation of non-current assets

(3)Before the end of the financial year, the Minister must either—

(a)approve the recommendation; or

(b)direct the payment to the State of a specified dividend or a dividend different from the specified dividend mentioned in the recommendation.

(4)The dividend for a financial year must not exceed the authority’s profits, after—

(a)provision has been made for income tax or its equivalent; and

(b)any unrealised capital gains from upwards revaluation of non-current assets have been excluded.

(5)The dividend must be paid within 6 months after the end of the financial year or any further period the Minister allows.

(6)The Minister must cause a copy of a direction given under subsection (3) (b) to be published in the gazette within 15 business days after the direction is given.

s 660 amd 2014 No. 51 s 24

661Interim dividends

(1)The Minister, at any time after 1 January in a financial year, may require a category 1 water authority to make a recommendation about the payment of interim amounts to the State, including when the amounts are to be paid, on account of the dividend that may become payable under section 660 for the financial year.

(2)Within 1 month after receiving notice of the requirement, the authority must make a recommendation to the Minister.

(3)The Minister must, within 1 month after receiving the recommendation, either—

(a)approve the recommendation; or

(b)direct the payment, at specified times, of specified amounts, or different specified amounts, on account of the dividend that may become payable for the financial year.

(4)A direction under subsection (3) (b) must not direct the payment of an amount that exceeds the authority’s estimated profit for the first 6 months of the financial year, after—

(a)provision has been made for income tax or its equivalent; and

(b)any unrealised capital gains from upwards revaluation of non-current assets have been excluded.

(5)The Minister must cause a copy of a direction under subsection (3) (b) to be published in the gazette within 15 business days after the direction is given.

s 661 amd 2014 No. 51 s 25

pt hdg amd 2013 No. 23 s 352 sch 1 pt 1

675Minister’s power to notify water authority of public sector policies

(1)The Minister may give a water authority notice of a public sector policy that is to apply to the authority if the Minister is satisfied it is necessary to give the notice in the public interest.

(2)The water authority must comply with the policy.

(3)Before giving the notice, the Minister must—

(a)consult with the water authority; and

(b)ask the authority to advise whether, in its opinion, complying with the policy would not be in its financial interest.

(4)The Minister must gazette a copy of the notice within 15 business days after it is given.

676Minister’s power to give directions in public interest

(1)The Minister may give a water authority a written direction if the Minister is satisfied it is necessary to give the direction in the public interest because of exceptional circumstances.

(2)The water authority must comply with the direction.

(3)Before giving the direction, the Minister must—

(a)consult with the water authority; and

(b)ask the authority to advise whether, in its opinion, complying with the direction would not be in its financial interest.

(4)The Minister must gazette a copy of the direction within 15 business days after it is given.

678Notice of suspected insolvency because of notice or direction

(1)This section applies if—

(a)a water authority is given a notice about a public sector policy (a public sector policy notice) or direction under this part; and

(b)the authority suspects that it will or may become insolvent; and

(c)in the authority’s opinion, the cause or a substantial cause of the suspected insolvency would be compliance with the public sector policy notice or direction.

(2)The authority must immediately give the Minister notice of the suspicion and its reasons for the opinion.

(3)The notice must state that it is given under this section.

(4)The giving of the notice operates to suspend the public sector policy notice or direction until—

(a)the Minister gives the authority written advice that the Minister is not satisfied that—

(i)the authority’s suspicion mentioned in subsection (1) (b) is well-founded; or

(ii)the authority’s opinion mentioned in subsection (1) (c) is justified; or

(b)the public sector policy notice or direction is revoked.

(5)If the authority was given a public sector policy notice or a direction, and the Minister is satisfied that the authority’s suspicion is well-founded, the Minister must immediately—

(a)if the Minister is also satisfied that the authority’s opinion is justified—revoke the public sector policy notice or direction; and

(b)in any case—give the authority the written directions the Minister considers necessary or desirable, including any directions necessary or desirable to ensure—

(i)the authority does not incur further debts; or

(ii)the authority will be able to pay all its debts as and when they become due.

(6)Without limiting subsection (5), a direction under this section may require the authority to stop or limit particular activities.

(7)The authority must comply with a direction under this section.

(8)The Minister must publish a copy of the direction in the gazette within 15 business days after it is given.

(9)This section is in addition to, and does not limit, another provision of this Act or another law.

s 678 amd 2006 No. 59 s 85 sch

pt hdg amd 2005 No. 19 s 118

div hdg amd 2005 No. 19 s 119

sdiv hdg ins 2013 No. 23 s 276

690Amalgamating water authorities and authority areas

(1)A regulation may amalgamate 2 or more water authorities (former authorities) to form a new water authority.

(2)The regulation must—

(a)name the new water authority; and

(b)if the new water authority is to have an authority area—identify the area; and

(c)dissolve the former authorities; and

(d)if the former authorities had authority areas—dissolve the areas.

(3)A regulation may amalgamate 2 or more former water areas—

(a)taken, under section 1083 (2), to be authority areas; and

(b)for which the chief executive continues to perform the functions of a water authority.

(4)The regulation must—

(a)identify the new area; and

(b)dissolve the former areas.

s 690 amd 2003 No. 19 s 3 sch; 2003 No. 25 s 115 (amdt could not be given effect); 2005 No. 19 s 120

691Dissolution of water authority and authority area

(1)A regulation may—

(a)dissolve a water authority if the Minister is satisfied either of the following applies to the water authority—

(i)the water authority has not complied with requirements applying to it under this Act and is unlikely to be able to do so in the future;

(ii)the water authority no longer serves the function for which it was established; or

(b)dissolve a water authority for converting the authority to an alternative institutional structure; or

(c)dissolve a water authority after transferring all its functions to a local government under section 700 or 700A; or

(d)dissolve a water authority and appoint the chief executive to perform the authority’s functions.

(2)If a water authority mentioned in subsection (1) (a) to (c) has an authority area, the regulation may also dissolve the authority area.

(3)If the Minister is satisfied that either of the following no longer serves the function for which it was established, a regulation may dissolve—

(a)a former water area—

(i)taken, under section 1083 (2), to be an authority area; and

(ii)for which the chief executive continues to perform the functions of a water authority;

(b)an authority area whose water authority was dissolved under subsection (1) (d).

(4)The chief executive’s appointment to perform the functions of a water authority, for an authority area dissolved under subsection (3), ceases on the dissolution of the area.

s 691 amd 2003 No. 19 s 3 sch; 2005 No. 19 s 121; 2011 No. 40 s 79; 2014 No. 64 s 161

691ADistribution contract applying for particular water allocations

(1)This section applies if—

(a)a regulation provides for the dissolution of a category 2 water authority (the old entity) under section 691 (1) (b); and

(b)immediately before the dissolution, the old entity is the holder of a distribution operations licence (the DOL).

(2)The regulation must identify a document (the old entity document) held by the old entity and available for public access on the old entity’s website before the dissolution.

(3)The old entity document must set out—

(a)the distribution arrangements for water distributed under the DOL by the old entity; and

(b)the financial obligations, arising from the distribution arrangements, of the holder of any water allocation to whom water is distributed under the DOL.

(4)The old entity document must fairly represent the distribution arrangements and financial obligations as in place before the dissolution of the old entity.

(5)The old entity document may include additional provisions to facilitate implementing the arrangements and meeting the obligations, but the additional provisions must not be capable of operating to the detriment, in substance, of an allocation holder after the dissolution of the old entity.

(6)After the dissolution of the old entity, the old entity document has effect as a contract (the distribution contract), relating to the distribution of water under the DOL, between—

(a)any entity that becomes the DOL holder; and

(b)the holder of each water allocation to whom water—

(i)was distributed under the DOL immediately before the dissolution; and

(ii)continues to be distributed under the DOL.

(7) Subsection (8) applies if—

(a)a new water allocation comes into existence after the old entity is dissolved; and

(b)water is or is to be distributed to the holder of the new water allocation under the DOL; and

(c)a document, in the form of a contract, is held by the DOL holder as a document available for public access on the DOL holder’s website; and

(d)the document relates to the distribution of water under the DOL to the holders of water allocations that are similar in type to the new water allocation.

(8)The document has effect as a contract (also a distribution contract) between—

(a)the DOL holder; and

(b)the holder of the new water allocation.

(9)The distribution contract applying to a water allocation has effect subject to any change agreed to by the DOL holder and the water allocation holder.

(10)If the holder of a water allocation the subject of a distribution contract transfers or leases the water allocation to another person, the other person is bound by the distribution contract as in force between the DOL holder and the water allocation holder immediately before the transfer or lease.

s 691A ins 2014 No. 64 s 162

692Public notice of proposed amalgamation or dissolution

(1)Before a regulation amalgamates water authorities or authority areas or dissolves a water authority or an authority area, the chief executive must publish notice of the proposed amalgamation or dissolution—

(a)in the gazette; and

(b)in another way, if the chief executive considers the way to be appropriate having regard to the intended audience for the notice.

(2)However, subsection (1) does not apply to a proposed amalgamation or dissolution mentioned in the subsection if the chief executive is satisfied—

(a)the ratepayers in each authority area to which the proposed amalgamation or dissolution relates have been informed about the proposal by the water authority for the area; and

(b)the proposed amalgamation or dissolution is because of action taken by the State in response to the Webbe-Weller review; and

(c)the publication of the notice is not appropriate, having regard to the public interest.

(3)For a proposed amalgamation or dissolution of an authority area mentioned in section 691 (3) (b)—

(a) subsection (1) (b) does not apply; but

(b)the chief executive must give the notice to all landholders in the authority area who are being supplied with water at the time of the proposed amalgamation or dissolution.

(4)A notice given under subsection (1) must—

(a)contain the information about the proposed amalgamation or dissolution the chief executive considers appropriate; and

(b)state the following—

(i)that written submissions on the proposed amalgamation or dissolution may be made to the chief executive;

(ii)the date, at least 20 business days after the notice is published, by which the submissions may be made;

(iii)where the submissions may be made.

s 692 amd 2005 No. 19 s 122; 2010 No. 20 s 105; 2013 No. 23 s 277; 2014 No. 64 s 163

694Considering submissions on proposed amalgamation or dissolution

The chief executive must consider each properly made submission about a proposed water authority or authority area amalgamation or dissolution before the amalgamation or dissolution happens.

s 694 amd 2005 No. 19 s 124

sdiv hdg ins 2013 No. 23 s 278

695Water authority may request its dissolution

(1)A water authority may request its dissolution to enable it to convert to an alternative institutional structure if—

(a)its board, by special resolution, resolves to make the request; and

(b)for an authority with an authority area—

(i)there is a closed water activity agreement for the authority area; or

(ii)there is not a closed water activity agreement for the authority area but at least a majority of the ratepayers in the area, by special ballot, agree to the authority making the request.

(2)The request must be given, in writing, to the chief executive and must state the particulars of the proposed conversion.

(2A)Before conducting the special ballot, the water authority must give all ratepayers details of the possible consequences for the ratepayers of the proposed conversion.

(3)The special ballot must be conducted—

(a)in the way prescribed by regulation; and

(b)to the extent the way is not prescribed by regulation—in the way approved by the chief executive.

(3A)The chief executive may require the authority to provide further particulars of the proposed conversion.

(4)In this section—

special resolution means a resolution that is passed by a two-thirds majority at a meeting of the board.

s 695 amd 2005 No. 19 s 125; 2011 No. 40 s 80; 2014 No. 64 s 165

695AClosed water activity agreement

(1)This section applies for a water authority if—

(a)the water authority carries out water activities including water supply or drainage for an authority area; and

(b)all relevant registered owners of the land in the authority area enter into a written agreement complying with subsection (2) (a closed water activity agreement) about carrying out the water activities for the land.

(2)The agreement must state—

(a)the land and works to which the agreement applies; and

(b)if the water activities include water supply—

(i)the water to which the agreement applies; and

(ii)the arrangements for supplying the water to each registered owner’s land; and

(c)the arrangements for the maintenance or replacement of the works and the sharing of the cost of the maintenance or replacement; and

(d)the arrangements for accessing the works; and

(e)provisions for the cancellation of the agreement with the consent of all parties.

(3)The agreement has effect only when the water authority and its authority area are dissolved under this division.

(4)While the agreement has effect, the obligations under the agreement on each party attach to the party’s land and bind the party and the party’s successors in title to the land.

(5) Section 1001 (1) to (3) applies to the registration of the agreement as if—

(a)a reference in the subsections to the private water supply agreement or agreement were a reference to the closed water activity agreement; and

(b)a reference in the subsections to the parties were a reference to the parties to the closed water activity agreement; and

(c)a reference in the subsections to relevant land were a reference to the land mentioned in subsection (1) (b).

(6)In this section—

relevant registered owner, of land in the authority area, means a registered owner of land in the authority area who is also a ratepayer for the water authority on whom a rate is currently levied.

s 695A ins 2013 No. 23 s 279

amd 2014 No. 64 s 166

696Procedure before authority is dissolved to convert to alternative institutional structures

(1)Before a regulation is made dissolving a water authority to allow it to convert to an alternative institutional structure—

(a)each new entity that is an alternative institutional structure must be established; and

(b)the Minister, after consultation with the Treasurer, must be satisfied the State has obtained or will obtain—

(i)a satisfactory indemnity for civil liabilities incurred by the State under section 705; and

(ii)appropriate payment from the new entity for the authority’s assets; and

(c)if 2 or more alternative institutional structures are or are to be established, the water authority must give the Minister a notice (an allocation notice) stating the proposed allocation of employees, assets, liabilities and property of any kind between the alternative institutional structures.

(2)For subsection (1) (a), an alternative institutional structure consisting of all the parties to a closed water activity agreement is established if—

(a)the parties have entered the agreement; and

(b) section 1001 (1) and (2), as applied under section 695A (5), has been complied with.

(3)To remove any doubt, it is declared, for the conversion of a water authority to an alternative institutional structure consisting of all the parties to a closed water activity agreement, that nothing in this Act or the agreement or another document prevents the State from obtaining an indemnity or payment mentioned in subsection (1) (b) from any 1 or more of the parties.

s 696 amd 2008 No. 34 s 715 (amdt could not be given effect), (3)–(4); 2013 No. 23 s 280

sdiv hdg ins 2013 No. 23 s 352 sch 1 pt 1

697Recovering amalgamation or dissolution costs

The State may recover from—

(a)2 or more water authorities the costs incurred by the State in publishing notice of the authorities’ proposed amalgamation under section 692; or

(b)a water authority the costs incurred by the State in publishing notice of the authority’s proposed dissolution under section 692.

s 697 sub 2003 No. 25 s 116

700AProcess for transfer

(1)This section applies if—

(a)the Minister is satisfied—

(i)a local government and a water authority have agreed in writing—

(A)to a proposed transfer by the water authority to the local government of all or part of the authority’s functions; and

(B)on how to implement the proposed transfer; and

(ii)the water authority has taken reasonable steps to inform—

(A)its customers and ratepayers of the proposed transfer; and

(B)its customers and ratepayers of the date of the proposed transfer; and

(C)its ratepayers of the amount of any proposed charges by the local government for the supply of water to be imposed for the first year after the proposed transfer, or how to work out the proposed charges; and

(D)its ratepayers of the terms of a model agreement between the local government and the persons to whom the local government is to supply water about the supply of water to the persons; and

(E)its ratepayers of whether the local government proposes to require persons to whom the local government is to supply water to enter into agreements between the local government and the persons about the supply of water; and

(b)the local government and water authority have—

(i)notified the Minister of their agreement about the proposed transfer and on how it is to be implemented; and

(ii)asked, in writing, for the Minister’s approval of the proposed transfer.

(2)The Minister may require the local government or water authority to do either or both of the following—

(a)provide the Minister with further particulars relating to the proposed transfer within a reasonable period of at least 28 days after the requirement is made;

(b)address an issue relevant to the proposed transfer in the agreement mentioned in subsection (1) (a) (i).

(3)The Minister may approve the proposed transfer.

(4)If the Minister approves the proposed transfer, a regulation may approve the agreement entered into between the water authority and the local government.

(5)The regulation must include, as an attachment, a copy of the agreement.

(6)The agreement takes effect when the regulation commences.

s 700A ins 2011 No. 40 s 84

amd 2014 No. 64 s 168

701Definitions for div 3

In this division—

changeover day, for a former water authority, means the day the authority is amalgamated with another water authority or dissolved under division 1.

former water authority means a water authority that is—

(a)amalgamated with another water authority; or

(b)converted to 1 or more alternative institutional structures; or

(c)dissolved under section 691 (1) (a), (c) or (d).

def former water authority amd 2008 No. 34 s 716 (1)

new entity means—

(a)for a former water authority that is amalgamated with another water authority—the water authority constituted as a result of the amalgamation; or

(b)for a former water authority that is converted to 1 or more alternative institutional structures—each entity that is an alternative institutional structure; or

(c)for a former water authority that is dissolved under section 691 (1) (a) or (d)—the State; or

(d)for a former water authority that is dissolved under section 691 (1) (c)—the local government to which the former water authority transferred its functions.

def new entity amd 2008 No. 34 s 716 (2); 2011 No. 40 s 85

701ANotification for conversion to 2 or more alternative institutional structures

If a former water authority is converted to 2 or more alternative institutional structures, the Minister must, on the changeover day for the former water authority, publish in the gazette the allocation notice for the former water authority.

s 701A ins 2008 No. 34 s 717

702Vesting of assets, rights and liabilities

(1)The assets, rights and liabilities of a former water authority vest in the new entity on the changeover day.

(2)However, if a former water authority is converted to 2 or more alternative institutional structures, the assets, rights and liabilities of the authority vest, on its changeover day, in each new entity for the authority in accordance with the authority’s allocation notice.

s 702 amd 2008 No. 34 s 718

703Continuing legal proceedings

(1)On the changeover day for a former water authority, a legal proceeding by or against the authority that has not been finished before the changeover day may be continued and finished by or against the new entity.

(2)However, if a former water authority is converted to 2 or more alternative institutional structures, a legal proceeding by or against the authority that has not been finished before its changeover day may, from the changeover day, be continued and finished by or against whichever of the new entities for the authority that is the most appropriate in the circumstances.

(3)Also, if a former water authority is converted to an alternative institutional structure consisting of all the parties to a closed water activity agreement, a legal proceeding against the authority that has not been finished before the changeover day may be continued and finished against any 1 or more of the parties.

(4) Subsection (3) applies despite section 702 (1).

Example—

If there is a legal proceeding against a former water authority in relation to supply of water to a customer of the authority that has not been finished before the changeover day for the authority, the legal proceeding may be continued and finished by the alternative institutional structure that takes over the function of supplying water to the authority’s customers.

s 703 amd 2008 No. 34 s 719; 2013 No. 23 s 281

704Existing employees

(1)On the changeover day for a former water authority that is amalgamated with another water authority, a person who was employed by the former water authority becomes an employee of the new entity.

(2)On the changeover day for a former water authority that is converted to an alternative institutional structure, a person who was employed by the former water authority becomes an employee of the new entity.

(2A)However, if the former water authority is converted to 2 or more alternative institutional structures, on the changeover day for the authority, a person who was employed by the former water authority becomes an employee of a new entity for the authority in accordance with the authority’s allocation notice.

(3)A person mentioned in subsection (1) or (2)—

(a)must be employed on terms and conditions of employment that are at least as favourable as the person’s existing terms and conditions of employment; and

(b)remains entitled to all existing and accruing rights of employment.

(4)A person who was employed by a former water authority that is dissolved after transferring all its functions to a local government under section 700A and who, on the changeover day, becomes an employee of a local government—

(a)must be employed on terms and conditions of employment that are at least as favourable as the person’s existing terms and conditions of employment; and

(b)remains entitled to all existing and accruing rights of employment.

s 704 sub 2007 No. 20 s 113

amd 2008 No. 34 s 720; 2011 No. 40 s 86; 2014 No. 64 s 169

705State undertakes non-transferable civil liability

(1)This section applies only to an act done or omission made by a changing authority in relation to its functions and powers under this Act before the authority is changed.

(2)If the act or omission gives rise to a civil liability that, at law, can not be transferred to the new entity, the State stands in the place of the authority for the act or omission.

(3)In this section—

changed, for an authority, means—

(a)amalgamated with another water authority; or

(b)converted to 1 or more alternative institutional structures.

changing authority means a water authority that is to be—

(a)amalgamated with another water authority; or

(b)converted to 1 or more alternative institutional structures.

s 705 amd 2008 No. 34 s 721

706Non-liability for State taxes

(1)This section applies to a former water authority that is a category 2 water authority, and a new entity for the former water authority, if—

(a)the former water authority is amalgamated with another authority or dissolved under division 1; and

(b)the Minister is satisfied the amalgamation or dissolution happened because of action taken by the State in response to the Webbe-Weller review.

(2)The former water authority and the new entity are not liable to pay a State tax for anything done in relation to the amalgamation or dissolution.

(2A) Subsection (2) does not apply to anything done after 30 June 2015.

(3)In this section—

State tax means—

(a)duty under the Duties Act 2001 ; or

(b)a fee or charge under the Land Act 1994 , Land Title Act 1994 or this Act.

s 706 ins 2010 No. 20 s 106

amd 2014 No. 64 s 170

707Water authority to help local government for transfer

(1)This section applies if a water authority transfers all or part of its functions to a local government under division 2.

(2)The water authority must give the local government all reasonable help to facilitate the transfer.

Examples for subsection (2)—

•providing a list of ratepayers and customers

•providing information about the state of the accounts of ratepayers and customers

•providing details of how rates and charges were calculated

•providing documents about the water authority’s infrastructure

s 707 ins 2011 No. 40 s 87

717Recovering water authority’s establishment costs

(1)The State may recover from a water authority the costs incurred by the State for the following—

(a)designing the works stated in the authority’s establishment proposal as works the authority proposes to build;

(b)conducting site investigations for the works;

(c)publishing notice of the authority’s proposed establishment under section 552.

(2)However, the State may recover the costs mentioned in subsection (1) (a) and (b) only if the establishment proposal for the authority states—

(a)the amount of the costs; and

(b)that the State may recover the costs from the authority.

739Appointment and qualifications of authorised officers

(1)The chief executive or the office (each an appointor) may appoint a person as an authorised officer.

(2)The appointor may appoint a person as an authorised officer only if, in the appointor’s opinion, the person has the necessary expertise or experience to be an authorised officer.

s 739 amd 2008 No. 34 s 666 sch 2; 2010 No. 20 s 107; 2012 No. 39 s 71

740Functions and powers of authorised officers

(1)An authorised officer has the following functions—

(a)collecting information for this Act;

(b)conducting investigations and inspections to monitor and enforce compliance with—

(i)this Act; or

(ii)the Planning Act so far as that Act relates to—

(A)a development condition; or

(B)operations of any kind and all things constructed or installed for taking, or interfering with, water under this Act; or

(C)all aspects of development for removing quarry material from a watercourse or lake if an allocation notice is required under this Act;

(c)any other function conferred under this Act.

(2)For performing an authorised officer’s functions under this Act, an authorised officer has the powers given under this or another Act.

(3)An authorised officer is subject to the directions of the appointor in exercising the powers.

(4)The powers of an authorised officer may be limited—

(a)under a regulation; or

(b)under a condition of appointment; or

(c)by notice of the appointor given to the authorised officer.

s 740 amd 2005 No. 19 s 126; 2008 No. 34 s 666 sch 2; 2009 No. 36 s 872 sch 2; 2010 No. 20 s 108; 2010 No. 53 s 196; 2013 No. 23 s 352 (1) sch 1 pt 2

741Conditions of appointment of authorised officers

(1)An authorised officer holds office on the conditions stated in the officer’s instrument of appointment.

(2)An authorised officer—

(a)if the appointment provides for a term of appointment—ceases to hold office at the end of the term; and

(b)may resign by signed notice of resignation given to the appointor.

s 741 amd 2008 No. 34 s 666 sch 2; 2010 No. 20 s 109

742Authorised officer’s identity card

(1)The appointor must give each authorised officer an identity card.

(2)The identity card must—

(a)contain a recent photograph of the authorised officer; and

(b)be signed by the authorised officer; and

(c)identify the person as an authorised officer under this Act; and

(d)state an expiry date.

(3)This section does not prevent the giving of a single identity card to a person for this Act and other Acts.

s 742 amd 2008 No. 34 s 666 sch 2; 2010 No. 20 s 110

743Failure to return identity card

A person who ceases to be an authorised officer must return the person’s identity card to the appointor as soon as practicable (but within 15 business days) after ceasing to be an authorised officer, unless the person has a reasonable excuse for not returning it.

Maximum penalty—50 penalty units.

s 743 amd 2008 No. 34 s 666 sch 2; 2010 No. 20 s 111

744Producing or displaying identity card

(1)An authorised officer may exercise a power under this Act in relation to someone else only if the authorised officer—

(a)first produces his or her identity card for the person’s inspection; or

(b)has the identity card displayed so it is clearly visible to the person.

(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

745Definition for div 2

In this division—

land means a parcel of land other than the part on which there is erected a building or structure that is—

(a)a dwelling place; or

(b)being used, at the relevant time, as a dwelling place.

746Power to enter land to monitor compliance

(1)An authorised officer may, at any reasonable time, enter land of an owner of land authorised, or taken to be authorised, under this Act to take, interfere with or use water to do any 1 or more of the following—

(a)read any device used for recording the taking of, interfering with, or use of the water;

(b)check the accuracy of, or repair or replace, the device;

(c)calculate or measure the water taken, interfered with or used;

(d)ensure the conditions of the authorisation or the provisions of a plan under this Act for the taking of, interfering with or use of the water are being complied with;

(e)find out if a petroleum tenure holder is complying with an obligation applying to the holder under chapter 3;

(f)test or assess equipment or water monitoring bores used for complying with an obligation applying to a petroleum tenure holder under chapter 3.

(2)An authorised officer may, at any reasonable time, enter land of an owner of land authorised, or taken to be authorised, under this Act to take, interfere with or destroy quarry material to do any 1 or more of the following—

(a)calculate or measure the quarry material taken, interfered with or destroyed;

(b)ensure the conditions of the authorisation are being complied with.

(3)An authorised officer may, at any reasonable time, enter land where an activity mentioned in section 311 (1) is being carried out to ensure the carrying out of the activity complies with this Act.

(4)An authorised officer may, at any reasonable time, enter land to find out if the Planning Act is being complied with in relation to a development condition.

s 746 amd 2009 No. 36 s 872 sch 2; 2010 No. 53 s 197; 2013 No. 23 ss 297, 352(1) sch 1 pt 2

747Power to enter land in relation to information collection

(1)An authorised officer may, at any reasonable time, enter land—

(a)if there is monitoring equipment on the land—

(i)to read the equipment; or

(ii)to recalibrate, repair or replace the equipment; or

(b)if paragraph (a) does not apply—to calculate or measure on the land rainfall, water flow, water levels or for assessing the effects of water use on land and water; or

(c)to take samples of soil or water from the land; or

(d)to construct monitoring equipment on the land; or

(e)to retrieve or decommission monitoring equipment previously constructed on the land.

(2)An authorised officer may, at any reasonable time, enter land—

(a)to calculate or measure other resources on the land; or

(b)to take samples of the resources from the land; or

(c)to measure the health of watercourses, lakes, springs and aquifers.

(3)An authorised officer may, at any reasonable time, enter land of an owner of land authorised under section 20A to take or interfere with water, to do 1 or more of the following—

(a)calculate or measure the amount of, and rate at which, water is being taken or interfered with;

(b)ascertain the purpose for which the water is being taken or interfered with;

(c)ascertain the location from which water is being taken.

(4)An authorised officer may, at any reasonable time, enter land to collect information required to assess the condition of, or the impact of the exercise of underground water rights on, an aquifer, spring or water bore.

(5)For exercising a power mentioned in this section, an authorised officer may enter and cross any land to access land mentioned this section.

s 747 amd 2003 No. 25 s 117; 2005 No. 19 s 127; 2008 No. 34 s 666 sch 2; 2010 No. 53 s 198; 2013 No. 23 s 352 sch 1 pt 2

748Power to enter land to search for unauthorised activities

(1) Subsection (2) applies if an authorised officer reasonably believes 1 or more of the following activities is happening—

(a)unauthorised drilling;

(b)unauthorised taking of, interfering with or use of water;

(c)unauthorised taking of quarry material;

(d)unauthorised interference with the physical integrity of a watercourse, lake or spring.

(2)The authorised officer may enter land to find out, or confirm whether, an unauthorised activity mentioned in subsection (1) is happening or has happened.

(3)The authorised officer may exercise powers under subsection (2), at the time, with the help, and using the force, that is necessary and reasonable in the circumstances.

s 748 amd 2013 No. 23 s 298

749Power to enter places for other purposes

(1)An authorised officer may enter a place for a purpose other than a purpose mentioned in section 746, 747 or 748 if—

(a)its occupier consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised by a warrant; or

(d)it is a place of business to which this Act relates and the entry is made when the place is open for business or otherwise open for entry.

(2)For the purpose of asking the occupier of a place for consent to enter, an authorised officer may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised officer reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

(3)For subsection (1) (d)—

place of business does not include a part of the place where a person resides.

s 749 amd 2010 No. 20 s 113; 2012 No. 39 s 73

750Entry with consent

(1)This section applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 749 (1) (a).

(2)Before asking for the consent, the authorised officer must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the authorised officer consent to enter the place and exercise powers under this chapter; and

(d)the time and date the consent was given.

(5)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(6)A court must find the occupier of a place did not consent to an authorised officer entering the place under this chapter if—

(a)a matter arises in a proceeding before the court whether the occupier of the place consented to the entry under section 749 (1) (a); and

(b)an acknowledgement mentioned in subsection (4) is not produced in evidence for the entry; and

(c)it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry.

s 750 amd 2003 No. 25 s 118

751Applying for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.

(2)The application must be sworn and state the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

752Issue of warrant

(1)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of—

(i)an offence against this Act; or

(ii)a Planning Act offence; and

(b)the evidence is at the place, or, within the next 7 days, may be at the place.

(2)The warrant must state—

(a)that any authorised officer or a stated authorised officer may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for the entry; and

(ii)exercise the authorised officer’s powers under this chapter; and

(b)the offence for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours of the day or night when the place may be entered; and

(e)the extent of re-entry permitted; and

(f)the date, within 14 days after the warrant’s issue, the warrant ends.

(3)A provision of this part applying to entry authorised under a warrant is taken also to apply to any re-entry authorised under the warrant.

s 752 amd 2003 No. 25 s 119; 2005 No. 19 s 128; 2009 No. 36 s 872 sch 2; 2013 No. 23 s 352 (1) sch 1 pt 2

753Special warrants

(1)An authorised officer may apply for a warrant (a special warrant) by phone, fax, radio or another form of communication if the authorised officer considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised officer’s remote location.

(2)Before applying for the special warrant, the authorised officer must prepare an application stating the grounds on which the warrant is sought.

(3)The authorised officer may apply for the special warrant before the application is sworn.

(4)After issuing the special warrant, the magistrate must promptly fax a copy (a facsimile warrant) to the authorised officer if it is reasonably practicable to fax the copy.

(5)If it is not reasonably practicable to fax a copy to the authorised officer—

(a)the magistrate must tell the authorised officer—

(i)what the terms of the special warrant are; and

(ii)the date and time the special warrant is issued; and

(b)the authorised officer must complete a form of warrant (a warrant form) and write on it—

(i)the magistrate’s name; and

(ii)the date and time the magistrate issued the special warrant; and

(iii)the terms of the special warrant.

(6)The facsimile warrant, or the warrant form properly completed by the authorised officer, authorises the entry and the exercise of the other powers stated in the special warrant issued.

(7)The authorised officer must, at the first reasonable opportunity, send to the magistrate—

(a)the sworn application; and

(b)if the authorised officer completed a warrant form—the completed warrant form.

(8)On receiving the documents, the magistrate must attach them to the special warrant.

(9)A court must find the exercise of the power by an authorised officer was not authorised by a special warrant if—

(a)a matter arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant mentioned in subsection (1); and

(b)the special warrant is not produced in evidence; and

(c)it is not proved by the person relying on the lawfulness of the entry that the authorised officer obtained the special warrant.

754Warrants—procedure before entry

(1)This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.

(2)Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing the authorised officer’s identity card or a copy of another document evidencing the authorised officer’s appointment;

(b)give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 753 (6), a copy of the facsimile warrant or warrant form;

(c)tell the person the authorised officer is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised officer immediate entry to the place without using force.

(3)However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

s 754 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 129

755General powers after entering places

(1)This section applies to an authorised officer who enters a place under division 2.

(2)However, if an authorised officer enters a place to get the occupier’s consent to enter the place, this section applies to the authorised officer only if the consent is given or the entry is otherwise authorised.

(3)For monitoring or enforcing compliance with this Act, the authorised officer may exercise 1 or more of the following powers—

(a)search any part of the place;

(b)inspect, measure, test, photograph or film any part of the place or anything at the place;

(c)take a thing, or a sample of or from a thing, at the place for analysis or testing;

(d)copy a document at the place;

(e)regulate or prevent the taking of water or other resources under this Act so as to comply with the quantity authorised to be taken under this Act;

(f)take all steps and do all acts and things necessary for advancing the purposes of this Act;

(g)take into or onto the place any person, equipment and materials the authorised officer reasonably requires for the exercise of a power under this division;

(h)require the occupier of the place, or a person at the place, to give the authorised officer reasonable help to exercise the authorised officer’s powers under paragraphs (a) to (g);

(i)require the occupier of the place, or a person at the place, to give the authorised officer information to help the authorised officer ascertain whether the Act is being complied with.

(4)When making a requirement mentioned in subsection (3) (h) or (i), the authorised officer must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

756Failure to help authorised officer

(1)A person required to give reasonable help under section 755 (3) (h) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the requirement is to be complied with by an individual giving information, or producing a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.

757Failure to give information

(1)A person of whom a requirement is made under section 755 (3) (i) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.

div hdg ins 2005 No. 19 s 130

757ASeizing evidence

(1)This section applies if, under this part, an authorised officer enters a place after obtaining the consent of an occupier or under a warrant.

(2)If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place if—

(a)the authorised officer reasonably believes the thing is evidence of—

(i)an offence against this Act; or

(ii)a Planning Act offence; and

(b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.

(3)If the authorised officer enters the place with a warrant, the authorised officer may seize the evidence for which the warrant was issued.

(4)The authorised officer may seize anything else at the place if the authorised officer reasonably believes—

(a)the thing is evidence of—

(i)an offence against this Act; or

(ii)a Planning Act offence; and

(b)the seizure is necessary to prevent the thing being—

(i)hidden, lost or destroyed; or

(ii)used to continue, or repeat, the offence.

(5)Also, the authorised officer may seize a thing at the place if the authorised officer reasonably believes it has just been used in committing—

(a)an offence against this Act; or

(b)a Planning Act offence.

s 757A ins 2005 No. 19 s 130

amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 352 (1) sch 1 pt 2

757BSecuring seized things

Having seized a thing, an authorised officer may—

(a)move the thing from the place where it was seized (the place of seizure); or

(b)leave the thing at the place of seizure but take reasonable action to restrict access to it; or

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted

2sealing the entrance to a place where the thing is situated and marking it to show access to it is restricted

(c)if the thing is equipment—make it inoperable.

Example of making equipment inoperable—

dismantling equipment or removing a component of equipment without which the equipment is not capable of being used

s 757B ins 2005 No. 19 s 130

757CTampering with seized things

(1)If an authorised officer restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an authorised officer’s approval.

Maximum penalty—100 penalty units.

(2)If an authorised officer makes seized equipment inoperable, a person must not tamper, or attempt to tamper, with the equipment, without an authorised officer’s approval.

Maximum penalty—100 penalty units.

s 757C ins 2005 No. 19 s 130

757DPowers to support seizure

(1)To enable a thing to be seized, an authorised officer may require the person in control of it—

(a)to take it to a stated reasonable place by a stated reasonable time; and

(b)if necessary, to remain in control of it at the stated place for a stated reasonable period.

(2)The requirement—

(a)must be made by notice in the approved form; or

(b)if for any reason it is not practicable to give the notice—may be made orally and confirmed by a notice in the approved form as soon as practicable.

(3)A further requirement may be made under this section about the thing if it is necessary and reasonable to make the further requirement.

(4)A person of whom a requirement is made under subsection (1) or (3) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty for subsection (4)—50 penalty units.

s 757D ins 2005 No. 19 s 130

757EReceipts for seized things

(1)As soon as practicable after an authorised officer seizes a thing, the authorised officer must give a receipt for it to the person from whom it was seized.

(2)However, if for any reason it is not practicable to comply with subsection (1), the authorised officer must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.

(3)The receipt must describe generally each thing seized and its condition.

(4)This section does not apply to a thing if it is impracticable, or would be unreasonable, to give the receipt, having regard to the thing’s nature, condition and value.

s 757E ins 2005 No. 19 s 130

757FForfeiture by authorised officer

(1)A thing that has been seized under this division is forfeited to the State if the authorised officer who seized the thing—

(a)can not find its owner, after making reasonable inquiries; or

(b)can not return it to its owner, after making reasonable efforts.

(2)In applying subsection (1)—

(a) subsection (1) (a) does not require the authorised officer to make inquiries if it would be unreasonable to make inquiries to find the owner; and

(b) subsection (1) (b) does not require the authorised officer to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

Example for paragraph (b)—

The owner of the thing has migrated to another country.

(3)Regard must be had to a thing’s nature, condition and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable.

s 757F ins 2005 No. 19 s 130

757GForfeiture on conviction

(1)On conviction of a person for either of the following, the court may order the forfeiture to the State of anything owned by the person and seized under this division—

(a)an offence against this Act;

(b)a Planning Act offence.

(2)The court may make any order to enforce the forfeiture it considers appropriate.

(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

s 757G ins 2005 No. 19 s 130

amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 352 (1) sch 1 pt 2

757HDealing with forfeited things

(1)On forfeiture of a thing to the State, the thing becomes the State’s property and may be dealt with by the chief executive as the chief executive considers appropriate.

(2)Without limiting subsection (1), the chief executive may destroy or dispose of the thing.

s 757H ins 2005 No. 19 s 130

757IReturn of seized things

(1)If a seized thing is not forfeited, the authorised officer must return it to its owner—

(a)at the end of 6 months; or

(b)if a proceeding for either of the following involving the thing is started within 6 months, at the end of the proceeding and any appeal from the proceeding—

(i)an offence against this Act;

(ii)a Planning Act offence.

(2)Despite subsection (1), unless the thing is forfeited, the authorised officer must immediately return a thing seized to its owner if the authorised officer stops being satisfied—

(a)its continued retention as evidence is necessary; or

(b)its continued retention is necessary to prevent the thing being used to continue, or repeat, the offence.

s 757I ins 2005 No. 19 s 130

amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 352 (1) sch 1 pt 2

757JAccess to seized things

(1)Until a seized thing is forfeited or returned, an authorised officer must allow its owner to inspect it and, if it is a document, to copy it.

(2) Subsection (1) does not apply if it is impracticable, or would be unreasonable, to allow the inspection or copying.

s 757J ins 2005 No. 19 s 130

758Power to require name and address

(1)This section applies if an authorised officer—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the authorised officer reasonably to suspect the person has just committed an offence against this Act; or

(c)has information that leads the authorised officer reasonably to suspect a person has just committed an offence against this Act.

(2)The authorised officer may require the person to state the person’s name and residential address.

(3)When making the requirement, the authorised officer must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The authorised officer may require the person to give evidence of the correctness of the stated name or residential address if the authorised officer reasonably suspects the stated name or address to be false.

s 758 amd 2003 No. 25 s 120; 2008 No. 34 s 722

759Failure to give name or address

(1)A person of whom a requirement under section 758 is made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)A person does not commit an offence against subsection (1) if—

(a)the person was required to state the person’s name and residential address by an authorised officer who suspected the person had committed an offence against this Act; and

(b)the person is not proved to have committed the offence.

760Power to require production of documents

(1)An authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer, a document relating to the taking of, or interfering with, water.

(2)The authorised officer may keep the document to copy it.

(3)If the authorised officer copies a document mentioned in subsection (1), or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(4)The authorised officer must return the document to the person as soon as practicable after copying it.

(5)However, if a requirement (a document certification requirement) is made of a person under subsection (3), the authorised officer may keep the document until the person complies with the requirement.

(6)A requirement under subsection (1) is called a document production requirement.

s 760 amd 2005 No. 19 s 131

761Failure to certify copy of document

A person of whom a document certification requirement is made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

762Failure to produce document

(1)A person of whom a document production requirement is made must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document production requirement because complying with the requirement might tend to incriminate the person.

(3)However, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the document that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the document.

(4)If a person is convicted of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.

s 762 amd 2005 No. 19 s 132

763Power to require information

(1)This section applies if an authorised officer reasonably believes—

(a)an offence against this Act has been committed; and

(b)a person may be able to give information about the offence.

(2)The authorised officer may, by notice given to the person, require the person to give information about the offence to the authorised officer at a stated reasonable place and at a stated reasonable time.

(3)The person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)It is not a reasonable excuse for a person to fail to give the information because giving the information might tend to incriminate the person.

(5)However, if the person is an individual, evidence of, or evidence directly or indirectly derived from, the information that might tend to incriminate the person is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence about the falsity of the information.

(6)If a person is convicted of an offence against subsection (3), the court may, as well as imposing a penalty for the offence, order the person to comply with the requirement.

s 763 amd 2005 No. 19 s 133

764Giving notice of damage

(1)This section applies if—

(a)an authorised officer damages property when exercising or purporting to exercise a power; or

(b)a person (the other person) acting under the direction or authority of an authorised officer damages property.

(2)The authorised officer must immediately give notice of particulars of the damage to the person who appears to the authorised officer to be the owner of the property.

(3)If the authorised officer believes the damage was caused by a latent defect in the property or circumstances beyond the authorised officer’s, or other person’s, control, the authorised officer may state the belief in the notice.

(4)If, for any reason, it is impracticable to comply with subsection (2), the authorised officer must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5)This section does not apply to damage the authorised officer reasonably believes is trivial.

(6)In this section—

owner, of property, includes the person in possession or control of it.

765Compensation for damage

(1)A person may claim compensation from the State if the person incurs loss or expense because of the exercise or purported exercise of a power under division 2 or 4.

(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the division.

(3)Compensation may be claimed and ordered to be paid in a proceeding—

(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)for an offence against this Act brought against the person claiming compensation.

(4)A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

div 7 (ss 766–768) ins 2005 No. 19 s 134

766Purpose of div 7

The purpose of this division is to help an authorised officer to decide whether the authorised officer’s unaccompanied entry of a place under this part would create an unacceptable level of risk to the authorised officer’s safety.

div 7 (ss 766–768) ins 2005 No. 19 s 134

767Chief executive’s power to obtain criminal history report

(1)The chief executive may ask the commissioner of the police service for a written report about the criminal history of a person if the authorised officer reasonably suspects the person may be present at the place when the authorised officer enters the place under this part.

(2)The commissioner must give the report to the chief executive.

(3)However, the report is required to contain only criminal history that is in the commissioner’s possession or to which the commissioner has access.

(4)The chief executive must examine the report and identify, to the extent it is reasonably practicable to do so, offences involving the use of a weapon or violence against a person.

(5)The chief executive may give the authorised officer information in the report about the offences identified under subsection (4).

div 7 (ss 766–768) ins 2005 No. 19 s 134

768Criminal history is confidential document

(1)A person must not, directly or indirectly, disclose to anyone else a report about a person’s criminal history, or information contained in the report, given under section 767.

Maximum penalty—100 penalty units.

(2)However, the person does not contravene subsection (1) if—

(a)the disclosure is for the purpose of the other person performing a function under or in relation to this Act; or

(b)the disclosure is otherwise required or permitted by law.

(3)The chief executive or an authorised officer to whom the report or written information in the report is provided must destroy the report or information as soon as practicable after the authorised officer considers the risk mentioned in section 766.

div 7 (ss 766–768) ins 2005 No. 19 s 134

779General requirements for show cause notices

(1)A show cause notice must state the following—

(a)the proposed action;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)that a submission may be made about the show cause notice;

(e)how the submission may be made;

(f)where the submission may be made or sent;

(g)a day and time within which the submission must be made.

(2)The day stated in the notice must be, or must end, at least 15 business days after the notice is given.

780Who may give a compliance notice

(1)This section applies if the chief executive or an authorised officer reasonably believes—

(a)a person—

(i)is contravening a provision of this Act; or

(ii)has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; and

(b)a matter relating to the contravention is reasonably capable of being rectified; and

(c)it is appropriate to give the person an opportunity to rectify the matter.

(2)The chief executive or authorised officer may give the person a notice (a compliance notice) requiring the person to refrain from doing an act or to rectify the matter.

s 780 amd 2008 No. 34 s 666 sch 2

781General requirements for compliance notices

(1)The compliance notice must state—

(a)that the chief executive or authorised officer believes the person to whom the notice is to be given—

(i)is contravening a provision of this Act; or

(ii)has contravened a provision of this Act in circumstances that make it likely that the contravention will continue or be repeated; and

(b)the provision the chief executive or authorised officer believes is being, or has been, contravened; and

(c)briefly, how it is believed the provision is being, or has been contravened; and

(d)the matter relating to the contravention that the chief executive or authorised officer believes is reasonably capable of being rectified; and

(e)the reasonable steps the person must take to rectify the matter; and

(f)that the person must take the steps within a stated reasonable period; and

(g)if the notice is in relation to a direction or response mentioned in section 25M (1)—that if the notice is not complied with, the Governor in Council may, under section 25M (2), appoint a person to comply with the direction or response; and

(h)that the person may apply for an internal review of the decision to give the notice within 30 business days after the day the notice is given; and

(i)how the person may apply for the internal review.

(2)If a compliance notice requires the person to do an act involving the carrying out of work, it also must give details of the work involved.

(3)If a compliance notice requires the person to refrain from doing an act, it also must state either—

(a)a period for which the requirement applies; or

(b)that the requirement applies until further notice.

s 781 amd 2005 No. 56 s 11; 2008 No. 34 s 666 sch 2; 2009 No. 24 s 959

782Compliance with compliance notice

The person must comply with the compliance notice, unless the person has a reasonable excuse.

Maximum penalty—the number of penalty units that applies for the offence to which the notice relates.

783Chief executive may take action and recover costs

(1)If the person contravenes the compliance notice by not doing something, the chief executive may do the thing.

(3A)If the chief executive incurs expense in doing a thing under subsection (1), the chief executive must give the person a notice stating the amount of the expense incurred.

(4)Any reasonable expenses incurred by the chief executive in doing anything under subsection (1), may be recovered by the chief executive as a debt due to it by the person.

(5)A debt due under subsection (4) bears interest at the rate stated in a regulation.

s 783 amd 2005 No. 19 s 136; 2008 No. 34 s 666 sch 2

784Proceeding for orders

(1)A person may bring a proceeding in the District Court for 1 or more of the following orders—

(a)an order to remedy or restrain the commission of an offence against this Act (an enforcement order);

(b)an order that a person who has committed an offence against this Act pay damages to compensate the applicant for injury suffered by the applicant or loss or damage to the applicant’s property because of the commission of the offence;

(c)if the person has brought a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under section 934 (an interim enforcement order);

(d)to cancel or change an enforcement order or interim enforcement order.

(2)The person may bring a proceeding under subsection (1) (a) whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence.

(3)If a person other than the chief executive brings a proceeding under this section, the person must, within 5 business days of commencing to bring the proceeding, give the chief executive notice of the proceeding.

s 784 amd 2002 No. 77 s 244; 2008 No. 34 s 666 sch 2

785Proceeding brought in a representative capacity

(1)A proceeding under section 784 (1) may be brought by the person on their own behalf or in a representative capacity.

(2)However, if the proceeding is brought in a representative capacity, 1 of the following consents must be obtained—

(a)if the proceeding is brought on behalf of a body of persons or a corporation—the members of the governing body;

(b)if the proceeding is brought on behalf of an individual—the individual.

786Making interim enforcement order

(1)The court may make an interim enforcement order pending a decision of the proceeding if the court is satisfied it would be appropriate to make the order.

(2)The court may make the order subject to conditions, including a condition requiring the applicant for the order to give an undertaking to pay costs resulting from damage suffered by the respondent.

787Proceeding for enforcement order without notice

(1)A person may bring a proceeding for an enforcement order without notice to the other party.

(2)Without limiting the discretion of the court in the exercise of its equitable jurisdiction, the court may, with or without conditions—

(a)grant the order for a limited period stated in the order; or

(b)grant the order until the trial of the proceeding; or

(c)grant an order for a limited time prohibiting a person from leaving Australia; or

(d)make another order.

Example of an injunction under subsection (2) (c)—

This order may be used if the departure of the person would render a proceeding useless, for example, because the person’s departure would make it impossible to have an enforcement hearing in relation to a judgment against the person and so ascertain the location of the person’s assets. Conditions imposed may, for example, relate to payment of an amount, or surrendering a passport, to the court.

788Making enforcement order

(1)The court may make an enforcement order if the court is satisfied the offence—

(a)has been committed; or

(b)will be committed unless restrained.

(2)If the court is satisfied the offence has been committed, the court may make either or both of the following orders—

(a)an enforcement order whether or not there has been a prosecution for the offence;

(b)an order for exemplary damages.

(3)In considering whether to make an order for exemplary damages, the court may consider—

(a)any impact on water available to other water entitlement holders and natural ecosystems, resulting, or likely to result, because of the commission of the offence; and

(b)any effect on a watercourse, lake, spring, aquifer or water quality; and

(c)any financial saving or other benefit the person who committed the offence received or is likely to receive because of the commission of the offence.

(4)If an order is made for exemplary damages, the amount of the damages must be paid to the consolidated fund.

789Effect of orders

(1)An enforcement order or an interim enforcement order may direct the respondent—

(a)to stop an activity that constitutes, or will constitute, an offence against this Act; or

(b)not to start an activity that will constitute an offence against this Act; or

(c)to do anything required to stop committing an offence against this Act; or

(d)to return anything to a condition as close as practicable to the condition it was in immediately before an offence against this Act was committed; or

(e)to do anything to comply with this Act.

(2)Without limiting the court’s powers, the court may make an order requiring the demolition, removal or modification of works for taking or interfering with water or other resources.

(3)An enforcement order or an interim enforcement order—

(a)may be in terms the court considers appropriate to secure compliance with this Act; and

(b)must state the time by which the order is to be complied with.

s 789 amd 2008 No. 34 s 666 sch 2

790Court’s powers about orders

(1)The court’s power to make an enforcement order or interim enforcement order to stop, or not to start, an activity may be exercised whether or not—

(a)it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or

(b)the person has previously engaged in an activity of the kind; or

(c)there is danger of substantial damage to natural ecosystems if the person engages, or continues to engage, in the activity.

(2)The court’s power to make an enforcement order or interim enforcement order to do anything may be exercised whether or not—

(a)it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or

(b)the person has previously failed to do a thing of the kind; or

(c)there is danger of substantial damage to natural ecosystems if the person fails, or continues to fail, to do the thing.

(3)The court may cancel or change an enforcement order or interim enforcement order.

(4)The court’s powers under this section are in addition to its other powers.

s 790 amd 2008 No. 34 s 666 sch 2

791Contributing to cost of bringing proceeding

If the proceeding is brought in a representative capacity, the person on whose behalf the proceeding is brought may contribute to, or pay, the legal costs and expenses incurred by the person bringing the proceeding.

792Parties to pay own costs for proceedings

(1)Each party to a proceeding in a court under division 2 must bear the party’s own costs for the proceeding.

(2)However, the court may order costs for the proceeding, including allowances to witnesses attending for giving evidence at the proceeding, as it considers appropriate in the following circumstances—

(a)the court considers the proceeding was started merely to delay or obstruct;

(b)the court considers the proceeding, or part of the proceeding, to have been frivolous or vexatious;

(c)a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding;

(d)a party has incurred costs because the party is required to apply for an adjournment because of the conduct of another party;

(e)a party has incurred costs because another party has defaulted in the court’s procedural requirements;

(f)without limiting paragraph (d), a party has incurred costs because another party has introduced, or sought to introduce, new material;

(g)a party to the proceeding does not properly discharge its responsibilities in the proceedings.

(3)If the court makes an order under subsection (2), the court may also order the party ordered to pay costs under subsection (2) to pay to the other party an amount as compensation for loss or damage suffered by the other party because of the proceeding if the court considers—

(a)the proceeding was started merely to delay or obstruct; or

(b)the proceeding, or part of the proceeding, to have been frivolous or vexatious.

808Unauthorised taking, supplying or interfering with water

(1)A person must not take or supply water to which this Act applies unless authorised to take or supply the water—

(a)under this Act; or

Note—

See also the Petroleum and Gas (Production and Safety) Act 2004 , sections 188 and 196 (Authorisation for Water Act).

(b)under a law of another State or Territory if the authorisation is declared under a regulation to be of a similar nature and to have a similar effect to a stated authorisation under this Act.

Maximum penalty—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

(2)A person must not interfere with water to which this Act applies, other than overland flow water, unless authorised to interfere with the water—

(a)under this Act; or

(b)under a law of another State or Territory if the authorisation is declared under a regulation to be of a similar nature and to have a similar effect to a stated authorisation under this Act.

Maximum penalty—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

(3)The holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached.

Maximum penalty—1665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

s 808 sub 2005 No. 19 s 137

amd 2013 No. 51 s 229 sch 1

809Using water contrary to water use plan

A person must not use water in a water use plan area contrary to the plan.

Maximum penalty—1665 penalty units.

811Tampering with devices

(1)A person must not tamper with a device used under this Act—

(a)to measure the volume of water taken, by a person, or the rate and time of taking; or

(b)to record and transmit information about the taking of water; or

(c)to reduce the water supply to the premises.

Maximum penalty—1665 penalty units.

(2)A person must not tamper with a device installed by the chief executive to monitor water.

Maximum penalty—1665 penalty units.

(3)In this section—

tamper, with a device, includes—

(a)remove the device from the place where—

(i)it is used for a purpose mentioned in subsection (1); or

(ii)it was installed by the chief executive to monitor water; and

(b)tamper with works associated with the device in a way that may hinder the capacity of the device to—

(i)measure, read, record or transmit information; or

(ii)restrict the water supply to the premises.

s 811 amd 2003 No. 25 s 121; 2005 No. 19 s 139; 2007 No. 57 s 96

812Contravening conditions of water entitlement, seasonal water assignment notice or water permit

The holder of a water allocation, interim water allocation, water licence, seasonal water assignment notice or water permit must not contravene a condition of the allocation, licence, notice or permit.

Maximum penalty—1665 penalty units.

s 812 sub 2005 No. 19 s 140

813Contravening licence condition

(1)A holder of a resource operations licence, a distribution operations licence, an interim resource operations licence or an operations licence must not contravene a condition of the licence.

Maximum penalty—1665 penalty units.

(2) Subsection (1) does not apply to a contravention for which a licence has been cancelled.

s 813 amd 2005 No. 19 s 142

814Excavating or placing fill without permit

(1)A person must not do either of the following activities unless the person has a permit under section 269 to carry out the activity—

(a)excavate in a watercourse, lake or spring;

(b)place fill in a watercourse, lake or spring.

Maximum penalty—1665 penalty units.

(2) Subsection (1) does not apply to the excavation or placing of fill—

(a)that is permitted or required, or happens as a necessary and unavoidable part of some other activity that is permitted or required under—

(i)a licence, permit or other authority under another section of this Act; or

(ii)a development permit for prescribed assessable development; or

(b)that is permitted or required under the River Improvement Trust Act 1940 ; or

(c)that happens as a necessary and unavoidable part of extracting quarry material or forest products under the Forestry Act 1959 ; or

(d)that happens as a necessary and unavoidable part of the construction of works that are self-assessable development and involve the taking or interfering with water in a watercourse, lake or spring; or

(e)that is required or happens as a necessary and unavoidable part of some other activity that is required because of an emergency endangering either of the following, and for which notice is given to the chief executive as soon as practicable after starting to carry out the activity—

(i)the life or health of a person;

(ii)the water quality or physical integrity of a watercourse, lake or spring; or

(f)in a watercourse, lake or spring prescribed under a regulation; or

(g)in a watercourse, lake or spring in an area prescribed under a regulation; or

(h)happening within the quantity limits prescribed under a regulation; or

(i)permitted under a regulation.

(2A)A person must not contravene a condition of a permit under section 269 unless the person has a reasonable excuse.

Maximum penalty—1665 penalty units.

(3)On the conviction of a person for an offence against subsection (1) or (2A), the court may order the person to pay to the State the cost of any remedial work or rehabilitation necessary or desirable because of the commission of the offence.

(4) Subsection (3) does not limit the court’s power under the Penalties and Sentences Act 1992 or another law.

(5)In this section—

prescribed assessable development means—

(a)operational work that is assessable development if—

(i)the operations allow the taking or interfering with water from a watercourse, lake or spring, or from a dam constructed on a watercourse or lake; or

(ii)the operational work—

(A)is the construction of a referable dam; or

(B)will increase the storage capacity of a referable dam by more than 10%; or

(b)other development that is assessable development and involves the removal of quarry material from a watercourse or lake for which an allocation notice is required under chapter 2, part 9.

s 814 amd 2002 No. 42 s 242 sch 1; 2003 No. 19 s 3 sch; 2003 No. 25 s 123; 2005 No. 19 s 143; 2005 No. 42 s 52 sch 1; 2009 No. 36 s 872 sch 2; 2010 No. 53 s 200; 2011 No. 40 s 89; 2013 No. 23 s 299; 2014 No. 64 s 174

815Removing quarry material

(1)A person must not remove quarry material without an allocation notice.

Maximum penalty—1665 penalty units.

(2)A person must not contravene the conditions of an allocation notice, unless the person has a reasonable excuse.

Maximum penalty—1665 penalty units.

(3)On a conviction for an offence under subsection (1), the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for the State quarry material removed in contravention of subsection (1).

(4) Subsection (1) does not apply to a person who collects quarry material while fossicking under a licence under the Fossicking Act 1994 if the person does not collect more than 1m³ of quarry material in a year.

816Unauthorised water bore activities

(1)An individual must not carry out any of the following activities unless the individual is licensed under chapter 2, part 10 to carry out the activity—

(a)drill, deepen, enlarge or case a water bore;

(b)remove, replace, alter or repair the casing, lining or screen of a water bore;

(c)decommission a water bore.

Maximum penalty—500 penalty units.

(2) Subsection (1) does not apply to an individual—

(a)who is under the constant physical supervision of an individual who is licensed under chapter 2, part 10; or

(b)carrying out an activity under the Mineral Resources Act 1989 if the activity would not result in a water bore being left as a functional bore for the supply of water at the end of the activity; or

(c)carrying out a water bore drilling activity if the activity would not result in the water bore being more than 6m deep; or

(d)carrying out an activity under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 .

s 816 amd 2001 No. 75 s 83; 2013 No. 23 s 300

817Contravening requirements for mining and petroleum drilling

(1) Subsection (2) applies to an individual mentioned in section 816 (2) (b) or (d) who is decommissioning a water bore.

(2)The individual, in carrying out the decommissioning, must comply with the requirements prescribed under a regulation, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

s 817 amd 2013 No. 23 s 352 sch 1 pt 2

818Contravening condition of water bore driller’s licence

A holder of a water bore driller’s licence must not—

(a)contravene a condition of the licence; or

(b)carry out a water bore drilling activity—

(i)of a class for which the holder is not licensed; or

(ii)with equipment for which the holder does not have endorsement.

Maximum penalty—500 penalty units.

819False or misleading advertising

A person must not, in relation to water bore drilling activities—

(a)advertise in a way that is false or misleading in a material particular; or

(b)advertise or hold himself or herself out as willing to undertake water bore drilling activities of a kind for which the person is not licensed.

Maximum penalty—500 penalty units.

820Taking water without operations licence

A person must not, as a single operation, take water as an agent for 2 or more water entitlement holders under water allocations not managed under a resource operations licence unless the person holds an operations licence.

Maximum penalty—1000 penalty units.

825False or misleading statements

(1)A person must not state anything to the chief executive or an authorised officer that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(2)In a proceeding for an offence against subsection (1), it is enough to state that the statement made was, without specifying which, ‘false or misleading’.

s 825 amd 2005 No. 19 s 144

826False or misleading documents

(1)A person must not give the chief executive or an authorised officer a document containing information that the person knows is false or misleading in a material particular.

Maximum penalty—500 penalty units.

(2) Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the chief executive or authorised officer, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

(3)In a proceeding for an offence against subsection (1), it is enough to state that the document was, without specifying which, ‘false or misleading’.

s 826 amd 2005 No. 19 s 145

827Obstructing and impersonating authorised officers

(1)A person must not obstruct an authorised officer in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—500 penalty units.

(2)If a person has obstructed an authorised officer and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—

(a)it is an offence to obstruct the authorised officer, unless the person has a reasonable excuse; and

(b)the authorised officer considers the person’s conduct an obstruction.

(3)A person must not pretend to be an authorised officer.

Maximum penalty—200 penalty units.

(4)In this section—

obstruct includes assault, hinder and threaten, and attempt to obstruct.

828Executive officer may be taken to have committed offence

(1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—

(a)the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the corporation for the offence against the deemed executive liability provision;

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.

(4)In this section—

deemed executive liability provision means any of the following provisions—

• section 22 (7)

• section 23 (5)

• section 452

• section 460 (3)

• section 808 (1)

• section 808 (2)

• section 808 (3).

s 828 sub 2013 No. 51 s 222

ch hdg amd 2008 No. 34 s 724

851Who is an interested person

(1)A person who has been given an information notice or a compliance notice by the chief executive, or an authorised officer appointed by the chief executive, is an interested person.

(2)However, if the decision for which the notice was given is in relation to a water resource plan or a resource operations plan, the interested person may appeal only to the extent a different decision, consistent with the plan, could have been made.

(3)A ratepayer or customer of a category 2 water authority who is dissatisfied with the authority’s decision about a rate or charge made and levied on the customer or ratepayer is an interested person.

(4)The decision or action for which a notice was given under subsection (1) or the decision mentioned in subsection (3) is an original decision.

s 851 amd 2001 No. 75 s 84; 2003 No. 19 s 3 sch; 2005 No. 19 s 146; 2005 No. 42 s 52 sch 1; 2008 No. 34 s 725; 2014 No. 40 s 144

861Appeal or external review process starts with internal review

Every appeal against or application for external review of an original decision must be, in the first instance, by way of an application for internal review.

s 861 amd 2009 No. 24 s 960

862Who may apply for internal review

(1)An interested person may apply for a review (an internal review) of an original decision mentioned in—

(a) section 851 (1)—to the chief executive (the reviewer); or

(b) section 851 (3)—to the chief executive officer of the category 2 water authority (also the reviewer).

(2)The application must be—

(a)in the approved form; and

(b)supported by enough information to enable the reviewer to decide the application.

s 862 amd 2001 No. 75 s 85; 2008 No. 34 s 726

863Applying for an internal review

(1)The application must be made within 30 business days after—

(a)if the person is given an information notice about the decision or a compliance notice—the day the person is given the information notice or a compliance notice; or

(b)if paragraph (a) does not apply and notice of the decision is published—the day notice of the decision is published.

(2)The reviewer may extend the time for applying for an internal review.

(3)On or before making the application, the applicant must send the following documents to any other person who was given an information notice about the original decision—

(a)notice of the application (the submitter notice);

(b)a copy of the application and supporting documents.

(4)The submitter notice must inform the recipient that written submissions on the application may be made to the reviewer within 5 business days after the application is made to the reviewer.

(5)The application does not stay the original decision.

(6)The application must not be dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

(7) Subsection (6)—

(a)applies despite the Acts Interpretation Act 1954 , section 27A; and

(b)does not apply to an original decision made by the chief executive; and

(c)does not apply to an original decision made by a reviewer who is a category 2 water authority.

864Review decision

(1) Subsection (2) applies if the reviewer is satisfied the applicant has complied with—

(a) section 862; and

(b)either—

(i) section 863 (1); or

(ii)if the reviewer has extended the time for applying for an internal review—section 863 (1) within the time extended under section 863 (2); and

(c)if any other person was given an information notice about the original decision—section 863 (3) and (4).

(2)The reviewer must, within 20 business days after receiving the application—

(a)review the original decision; and

(b)consider any properly made submissions by a recipient of the submitter notice; and

(c)make a decision (the review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision.

(2A)The reviewer may, by notice to the applicant, before the period mentioned in subsection (2) has expired, extend the period by not more than 30 business days.

(2B)Only 1 notice may be given under subsection (2A) for each review.

(3)Within 10 business days after making the review decision, the reviewer must give the applicant and any person who was given notice of the original decision notice (the review notice) of the review decision.

(4)The review notice must also state—

(a)the reasons for the review decision; and

(b)that the applicant may, within 30 business days after the day the applicant is given the notice—

(i)for a decision or action mentioned in section 851 (1), other than the giving of a compliance notice—appeal against the review decision to the Land Court; and

(ii)for a decision or action mentioned in section 851 (3)—appeal against the review decision to the Land Court; and

(c)that the applicant may apply to the court that under paragraph (b) would hear the appeal against the review decision for a stay of the review decision.

(4AA)For the following decisions, the review notice must comply with the QCAT Act, section 157 (2)—

(a)a decision or action about a water bore driller’s licence;

(b)a decision or action mentioned in section 851 (1) for which a compliance notice was given.

(4A)A copy of the relevant appeal provisions of this Act or the provisions of the QCAT Act about an external review must also be given with each review notice or copy of a review notice.

(5)If the reviewer does not comply with subsection (2) or (3), the reviewer is taken to have made a decision confirming the original decision.

(6)If the review decision confirms the original decision, for the purpose of external review by QCAT or an appeal to a court, the original decision is taken to be the review decision.

(7)If the review decision amends the original decision, for the purpose of external review by QCAT or an appeal to a court, the original decision as amended is taken to be the review decision.

s 864 amd 2001 No. 75 s 86; 2003 No. 25 s 124; 2005 No. 19 s 147; 2008 No. 34 s 727; 2009 No. 24 s 961

865Stay of operation of original decision

(1)If an application is made for an internal review of an original decision, the applicant may immediately apply for a stay of the original decision to—

(a)if, under section 877 (1) (a) or (c), the applicant would be able to apply to QCAT for an external review—QCAT; and

(b)if, under section 877 (1) (b) or (d), the applicant would be able to appeal to the Land Court—the Land Court.

(1A)An application to QCAT under subsection (1) (a) must be made as provided under the QCAT Act.

(2)QCAT or the Land Court may stay the original decision to secure the effectiveness of the review and a later application for external review to QCAT or appeal to the court.

(3)The stay—

(a)may be given on conditions QCAT or the court considers appropriate; and

(b)operates for the period fixed by QCAT or the court; and

(c)may be revoked or amended by QCAT or the court.

(4)The period of the stay must not extend past the time when the reviewer makes a review decision about the original decision and any later period QCAT or the court allows the applicant to enable the applicant to apply for an external review or appeal against the review decision.

(5)The application affects the original decision, or carrying out of the decision, only if the decision is stayed.

s 865 amd 2003 No. 25 s 125; 2008 No. 34 s 728; 2009 No. 24 s 962

pt hdg amd 2009 No. 24 s 963

877Who may appeal or apply for external review

(1)If an interested person has applied for an internal review of an original decision, any interested person for the original decision may appeal against or apply for a review of the review decision to—

(a)if the review decision was about an original decision or action about a water bore driller’s licence—QCAT; and

(b)if the review decision was about an original decision or action mentioned in section 851 (1), other than the giving of a compliance notice—the Land Court; and

(c)if the review decision was about a decision or action mentioned in section 851 (1) for which a compliance notice was given—QCAT; and

(d)if the review decision was about an original decision or action mentioned in section 851 (3)—the Land Court.

(2)An application to QCAT made under subsection (1) (a) or (c) must be made as provided under the QCAT Act.

s 877 amd 2001 No. 75 s 87; 2003 No. 25 s 126; 2008 No. 34 s 729; 2009 No. 24 s 964

878Starting an appeal to the Land Court

(1)An appeal is started by—

(a)filing a notice of appeal with the court; and

(b)complying with rules of court applicable to the appeal.

(2)The notice of appeal must be filed within 30 business days after the day the appellant receives notice of the decision or the decision is taken to have been made.

(3)The court may extend the period for filing the notice of appeal.

(4)A copy of the notice of appeal must be served on the chief executive within 10 business days after the notice of appeal is filed with the court.

s 878 amd 2005 No. 19 s 148; 2009 No. 24 s 965

879Staying operation of review decision

(1)The appellant may apply to the court to which the appellant could have applied for a stay of an original decision for a stay of the operation of the review decision to secure the effectiveness of the appeal.

(2)The court may grant a stay of the operation of the review decision to secure the effectiveness of the appeal.

(3)The stay—

(a)may be given on conditions the court considers appropriate; and

(b)operates for the period fixed by the court; and

(c)may be revoked or amended by the court.

(4)The period of the stay must not extend past the time when the court decides the appeal.

(5)The appeal affects the review decision, or carrying out of the decision, only if the decision is stayed.

s 879 amd 2009 No. 24 s 966

880Hearing procedures

(1)The procedure for an appeal must be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge.

(2)An appeal is by way of rehearing, unaffected by the reviewer’s decision.

881Assessors

If the judge or member hearing an appeal is satisfied the appeal involves a question of special knowledge and skill, the judge or member may appoint 1 or more assessors to help the judge or member in deciding the appeal.

882Powers of court on appeal

(1)In deciding an appeal, the court may—

(a)confirm the review decision; or

(b)set aside the review decision; or

(c)amend the review decision in the way the court considers appropriate; or

(d)send the matter back to the reviewer and give the directions the court considers appropriate; or

(e)set aside the review decision and substitute it with a decision the court considers appropriate.

(2)If the court amends the review decision or substitutes another decision for the review decision, the amended or substituted decision is, for this Act (other than this part) taken to be the reviewer’s decision.

(3)Each party to the appeal must bear the party’s own costs for the appeal.

(4)However, the court may order costs for the appeal, including allowances to witnesses attending for giving evidence at the appeal, as it considers appropriate in the following circumstances—

(a)the court considers the appeal was started merely to delay or obstruct;

(b)the court considers the appeal, or part of the appeal, to have been frivolous or vexatious;

(c)a party has not been given reasonable notice of intention to apply for an adjournment of the appeal;

(d)a party has incurred costs because the party is required to apply for an adjournment because of the conduct of another party;

(e)a party has incurred costs because another party has defaulted in the court’s procedural requirements;

(f)without limiting paragraph (d), a party has incurred costs because another party has introduced, or sought to introduce, new material;

(g)a party to the appeal does not properly discharge its responsibilities in the appeal.

(5)If the court makes an order under subsection (4), the court may also order the party ordered to pay costs under subsection (4) to pay to the other party an amount as compensation for loss or damage suffered by the other party because of the appeal if the court considers—

(a)the appeal was started merely to delay or obstruct; or

(b)the appeal, or part of the appeal, to have been frivolous or vexatious.

s 882 amd 2013 No. 23 s 352 sch 1 pt 1

918Application of pt 1

This part applies to a proceeding under this Act.

919Appearance

A party to a proceeding may appear personally or by lawyer or agent.

920Appointments and authority

It is not necessary to prove—

(a)the chief executive’s appointment; or

(b)an authorised officer’s appointment; or

(c)the authority of the chief executive or an authorised officer to do anything under this Act.

s 920 amd 2008 No. 34 s 731

921Evidentiary aids

(1)A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—

(a)a stated document is 1 of the following things made, given, granted or kept under this Act—

(i)an appointment;

(ii)an authority or licence;

(iii)a decision;

(iv)a notice, direction or requirement;

(ba)a stated document is a copy of the watercourse identification map as in force on a stated day;

(bb)a feature or position on the watercourse identification map is a stated feature or stated position;

(b)a stated document is a copy of a thing mentioned in paragraph (a);

(c)on a stated day, or during a stated period, a stated person was or was not an authority holder;

(d)on a stated day, or during a stated period, an authority—

(i)was or was not in force; or

(ii)was or was not subject to a stated condition; or

(iii)was or was not cancelled;

(e)on a stated day, or during a stated period, a person’s appointment as an authorised officer was, or was not, in force;

(f)on a stated day, a stated person was given a stated notice under this Act;

(g)on a stated day, a stated requirement was made of a stated person.

(2)A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the day it came to the complainant’s knowledge.

(3)A certificate purporting to be signed by an authorised officer stating that during a stated period a stated quantity of water passed through a device used for recording the taking of, interfering with, or use of water is evidence of the matters stated.

s 921 amd 2001 No. 75 s 88; 2003 No. 25 s 127; 2008 No. 34 s 666 sch 2; 2014 No. 64 s 176

931Proceedings for offences

(1)Subject to subsection (2), a proceeding for an offence by way of a summary proceeding under the Justices Act 1886 must start within—

(a)1 year after the commission of the offence; or

(b)1 year after the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence.

(2)A proceeding for a prescribed offence may, at the election of the prosecution, be taken—

(a)by way of summary proceedings under the Justices Act 1886 ; or

(b)on indictment.

(2A)A prescribed offence is—

(a)for a prescribed offence for which the maximum penalty of imprisonment is 5 or more years—a crime; or

(b)otherwise—a misdemeanour.

(3)A proceeding must be before a magistrate if it is a proceeding—

(a)with a view to the summary conviction of a person on a charge of a prescribed offence; or

(b)for an examination of witnesses in relation to a charge for a prescribed offence.

(4)However, if a proceeding for a prescribed offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .

(5)If—

(a)a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or

(b)the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment;

the magistrate—

(c)must not hear and decide the charge as a summary offence; but

(d)must proceed by way of an examination of witnesses in relation to an indictable offence.

(6)If a magistrate acts under subsection (5)—

(a)any plea of the person charged, made at the start of the proceeding, must be disregarded; and

(b)any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and

(c)before committing the person for trial or sentence the magistrate must make a statement to the person in accordance with the Justices Act 1886 , section 104 (2) (b).

(7)The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 500 penalty units or imprisonment for 1 year.

(8)If a person other than the chief executive brings a proceeding under this section, the person must, within 5 business days of starting the proceeding, give the chief executive notice of the proceeding.

s 931 amd 2003 No. 25 s 127

932Who may bring proceedings for offences

(1)Proceedings for an offence against section 956 may be brought only by the Attorney-General.

(2)This section applies despite section 931 (1).

s 932 amd 2002 No. 77 s 249; 2006 No. 23 s 20; 2007 No. 57 s 97; 2008 No. 34 s 732; 2010 No. 20 s 114; 2012 No. 39 s 74

933Proceeding brought in a representative capacity

(1)A proceeding under section 932 (1) may be brought by the person on their own behalf or in a representative capacity.

(2)However, if the proceeding is brought in a representative capacity, 1 of the following consents must be obtained—

(a)if the proceeding is brought on behalf of a body of persons or a corporation—the members of the governing body;

(b)if the proceeding is brought on behalf of an individual—the individual.

934Magistrates Court may make orders

(1)After hearing the complaint, the Magistrates Court may make an order on the defendant it considers appropriate.

(2)The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.

(3)The order may require the defendant to—

(a)demolish, remove or modify a work that takes or interferes with water or other resources; or

(b)pay an amount by way of damages to the complainant for injuries suffered by the complainant as the result of the defendant committing an offence against this Act.

(4)The order must state the time, or period, within which the order must be complied with.

(5)A person who knowingly contravenes the order commits an offence against this Act.

Maximum penalty—1000 penalty units.

(6)If the order states that contravention of the order is a public nuisance, the chief executive or the regulator may undertake any work necessary to remove the nuisance.

(7)If the chief executive or the regulator carries out works under subsection (6), the chief executive or the regulator may recover the reasonable cost of the works as a debt due to the chief executive or the regulator from the person to whom the order was given.

s 934 amd 2008 No. 34 s 666 sch 2

935Costs involved in bringing proceeding

If the proceeding is brought in a representative capacity, the person on whose behalf the proceeding is brought may contribute to, or pay, the legal costs and expenses incurred by the person bringing the proceeding.

936Responsibility for acts or omissions of representatives

(1)This section applies in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(4)In this section—

representative means—

(a)for a water authority—

(i)an executive officer, employee or agent of the water authority; or

(ii)an employee of a government entity who performs work for the water authority under a work performance arrangement between the water authority and the government entity; or

(b)for a corporation, other than a water authority—an executive officer, employee or agent of the corporation; or

(c)for an individual—an employee or agent of the individual.

state of mind of a person includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

s 936 amd 2007 No. 20 s 114; 2014 No. 64 s 177

955Governor in Council may appoint administrator to operate infrastructure

(1)This section applies if the chief executive cancels a resource operations licence, an interim resource operations licence or a distribution operations licence.

(2)The Governor in Council may, by gazette notice, authorise the following person (the administrator) to operate the infrastructure to which the licence relates and use the licence holder’s water entitlement to operate the infrastructure—

(a)the chief executive;

(b)any other person who has the necessary experience or qualifications to operate the infrastructure.

(3)The appointment has effect from the day the notice is published until—

(a)the day stated in the notice; or

(b)if no day is stated in the notice—the day a further notice withdrawing the appointment is published in the gazette.

(4)The appointment may deal with any matter necessary or convenient to help the administrator operate the infrastructure.

s 955 amd 2001 No. 75 s 89; 2003 No. 19 s 3 sch; 2003 No. 25 s 128; 2005 No. 19 s 149; 2008 No. 34 s 733

956Effect of administrator operating infrastructure

(1)If the administrator is authorised under section 955 to operate infrastructure, the infrastructure may be operated by the administrator or another person (the operator) appointed by the administrator.

(2)The administrator and operator may do all things necessary or convenient to ensure the effective operation of the infrastructure.

(3)A person in possession of premises on which the infrastructure operates must give the administrator and operator access to the premises to enable operation of the infrastructure.

Maximum penalty—500 penalty units.

(4)A person in possession of premises must not take action, or refuse to take action, if the taking or refusal, has the effect of preventing or hindering the administrator or operator from operating the infrastructure.

Maximum penalty—1665 penalty units.

(5) Subsections (3) and (4) do not apply to an act done, or omission made, during or relating to industrial action as defined under the Industrial Relations Act 1999 .

(6)The former holder of the resource operations licence or interim resource operations licence is liable for the administrator’s reasonable costs of—

(a)operating the infrastructure; and

(b)repairing, replacing or improving the infrastructure.

(7)The administrator must pay to the former holder any income received by the administrator from operating the infrastructure less all costs mentioned in subsection (6).

s 956 amd 2008 No. 34 s 666 sch 2

959Displacement provision for Corporations legislation

This part is declared to be a Corporations legislation displacement provision for the Corporations Act, section 5G, in relation to the Corporations Act, parts 5.2 to 5.7.

s 959 ins 2001 No. 75 s 90

pt hdg amd 2009 No. 36 s 872 sch 2

sub 2013 No. 23 s 301

div hdg ins 2013 No. 23 s 301

sdiv hdg ins 2013 No. 23 s 301

966Applications for the removal of quarry material

A development application for the removal of quarry material from land leased under the Land Act 1994 must be supported by—

(a)the written consent of the lessee of the land to arrangements about the route the applicant may use across the lessee’s land for the removal of the quarry material; or

(b)if the lessee and the applicant can not agree on arrangements—the arrangements decided by a Magistrates Court.

s 966 amd 2001 No. 75 s 91; 2005 No. 42 s 52 sch 1; 2008 No. 34 s 735; 2009 No. 36 s 872 sch 2; 2010 No. 53 s 201; 2013 No. 23 s 352 sch 1 pt 2; 2013 No. 23 s 300A

sub 2013 No. 23 s 301

967Applications for levees

(1)This section applies—

(a)for a development application for the construction of a new levee or the modification of an existing levee; and

(b)for the purpose of minimising the adverse impacts levees could have on overland flow water, the catchment, landholders, communities and land planning and emergency procedures.

(2)A regulation may make a provision about how the application may, or must, be made or assessed by an assessing authority.

(3)For example, the regulation may—

(a)prescribe matters the applicant may, or must, take into account in making the application; or

(b)state a code against which the application may, or must, be assessed by an assessing authority.

s 967 amd 2001 No. 75 s 92; 2003 No. 25 s 129; 2003 No. 64 s 151; 2005 No. 19 s 150; 2005 No. 42 s 52 sch 1; 2008 No. 34 s 736; 2009 No. 36 s 872 sch 2; 2010 No. 12 s 242; 2012 No. 34 s 128; 2013 No. 23 ss 284, 352 sch 1 pt 2

sub 2013 No. 23 s 301

sdiv hdg ins 2013 No. 23 s 301

968Chief executive as assessing authority or advice agency

(1)This section applies if the chief executive is an assessing authority or advice agency for a development application for—

(a)operational work for the taking of or interfering with water; or

(b)the removal of quarry material.

(2)The chief executive must, in exercising jurisdiction for the application, assess the application against the purposes of this Act to the extent they relate to the following—

(a)for development mentioned in subsection (1) (a)—the taking of or interfering with water;

(b)for development mentioned in subsection (1) (b)—quarry material.

s 968 amd 2001 No. 75 s 93; 2005 No. 19 s 151; 2009 No. 36 s 872 sch 2

sub 2013 No. 23 s 301

amd 2014 No. 40 s 145; 2014 No. 64 s 178

969New or existing levee

(1)This section applies if the chief executive is an assessing authority or advice agency for a development application for—

(a)the proposed construction of a new levee; or

(b)the proposed modification of an existing levee.

(2)The chief executive must, in exercising jurisdiction for the application, assess the application against the purposes of the Act to the extent they relate to any of the following—

(a)the impacts of the proposed construction or modification on the catchment in which the levee would be, or is, situated;

(b)the benefits of the proposed construction or modification for—

(i)the individual or entity applying to construct or modify the levee; or

(ii)any nearby community;

(c)the possible adverse impacts of the proposed construction or modification on landholders in the catchment, including the risk of levee failure;

(d)the implications of the proposed construction or modification for land planning and emergency management procedures;

(e)whether any structural, land planning or emergency management measures could be taken to mitigate the possible adverse impacts of the proposed construction or modification.

s 969 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 152

sub 2012 No. 34 s 129; 2013 No. 23 s 301

970Other assessment criteria and decision stage unaffected by subdivision

This subdivision does not limit section 282 or chapter 6, part 5, division 2 of the Planning Act.

s 970 amd 2001 No. 75 s 94; 2009 No. 36 s 872 sch 2

sub 2013 No. 23 s 301

sdiv 4 (s 972B) ins 2013 No. 23 s 301

972BWhen an applicant may appeal to Land Court

(1)This section applies if—

(a)a person makes a development application for operational work; and

(b)the work is related to an activity authorised under the Mineral Resources Act 1989 if the operations allow the taking or interfering with water; and

(c)the applicant has applied under the Mineral Resources Act 1989 for a mining tenement or other authorisation to carry out the work.

(2)Despite the Planning Act, chapter 7, if the applicant appeals against a decision about the application, the appeal may be to the Land Court.

sdiv 4 (s 972B) ins 2013 No. 23 s 301

div 2 (ss 972C–972F) ins 2013 No. 23 s 301

972COffence to take or interfere with water if development permit required

(1)This section applies if—

(a)a person is authorised or required to be authorised under this Act to take or interfere with water; and

(b)under the Planning Act, a development permit is required for works associated with the taking or interfering.

(2)The person must not take or interfere with the water, unless the person has obtained the development permit.

Maximum penalty—1665 penalty units.

div 2 (ss 972C–972F) ins 2013 No. 23 s 301

972DAdditional rights for permits for operational work

(1)A development permit, to the extent it relates to operational work for taking or interfering with water, or the removal of quarry material, from a watercourse or lake, is taken to include a right to use and occupy the part of the watercourse or lake—

(a)that forms all or part of the boundary of the land to which the development permit attaches; and

(b)on which the works are situated.

(2)An owner of land carrying out operational work that involves taking water from a watercourse, lake or spring under section 20A (2) and is self-assessable development, is taken to have a right to use and occupy the part of the watercourse or lake—

(a)that forms all or part of the boundary of the owner’s land; and

(b)on which the works are situated.

(3)Operational work that allows taking or interfering with water in a watercourse, lake or spring, other than under a relevant provision, and is self-assessable development, is taken to include a right to use and occupy the part of the watercourse or lake on which the operations are situated.

(4)In this section—

relevant provision means any of the following—

(a) section 20 (1) (a) to (f);

(b) section 20A (1), (2) or (5);

(c) section 20B (1);

(d) section 20C (1) or (2).

div 2 (ss 972C–972F) ins 2013 No. 23 s 301

972ERestriction on development approval for operational work

(1)This section applies if—

(a)a person is required to be authorised under this Act to take or interfere with water; and

(b)a development approval is required for operational work for the taking or interfering.

(2)The development approval—

(a)authorises the person to carry out development under the approval only if the person is authorised under this Act to take or interfere with the water; but

(b)does not, of itself, entitle the person to a water entitlement.

div 2 (ss 972C–972F) ins 2013 No. 23 s 301

972FAllocation of quarry material is subject to approval under Planning Act

(1)An allocation notice authorises the allocation holder, during the period for which the allocation notice is in force, to access quarry material.

(2)However, the holder must not remove any quarry material under the allocation notice until the holder has obtained a development permit for the removal.

div 2 (ss 972C–972F) ins 2013 No. 23 s 301

div hdg ins 2013 No. 23 s 301

sdiv 1 (ss 972G–972J) ins 2013 No. 23 s 301

972GRelationship with Planning Act

This subdivision applies despite the Planning Act.

sdiv 1 (ss 972G–972J) ins 2013 No. 23 s 301

972HModification or removal of works

(1)This section applies to works—

(a)that are used, or could be used, for taking or interfering with water; and

(b)that, if the works were to be constructed, are either—

(i)works for which a development application would be required; or

(ii)works that would be self-assessable development.

(2)The chief executive may give all or any of the following persons a show cause notice as to why the person should not be required to modify or remove the works—

(a)the holder of a water entitlement under which the works are used for taking or interfering with water;

(b)a person who has held a water entitlement under which the works were used for taking or interfering with water;

(c)the owner of the land on which the works are situated.

(3)If, after considering any properly made submissions, the chief executive is still satisfied the works should be modified or removed, the chief executive may give the person a notice directing the person to modify or remove the works.

sdiv 1 (ss 972G–972J) ins 2013 No. 23 s 301

972IRemoval of quarry material

(1)The chief executive may give the holder of an allocation notice a show cause notice as to why the holder should not be required to change the way quarry material is removed.

(2)If, after considering any properly made submissions, the chief executive is still satisfied the change should be made, the chief executive may give the holder a notice directing the holder to make the change.

sdiv 1 (ss 972G–972J) ins 2013 No. 23 s 301

972JModification or removal of levees

(1)This section applies to a levee—

(a)that is used, or could be used, for taking or interfering with water; and

(b)that, if the levee were to be constructed or modified, is either—

(i)a levee for which a development application would be required; or

(ii)a levee that would be self-assessable development.

(2)The chief executive may give the owner of the land on which the levee is situated a show cause notice as to why the owner should not be required to modify or remove the levee.

(3)If, after considering any properly made submissions, the chief executive is still satisfied the levee should be modified or removed, the chief executive may give the owner a notice directing the owner to modify or remove the levee.

sdiv 1 (ss 972G–972J) ins 2013 No. 23 s 301

sdiv 2 (ss 972K–972O) ins 2013 No. 23 s 301

972KApplication of sdiv 2

This subdivision applies if a direction is given under subdivision 1.

sdiv 2 (ss 972K–972O) ins 2013 No. 23 s 301

972LDirection is a compliance notice

For this Act, the direction is taken to be a compliance notice.

sdiv 2 (ss 972K–972O) ins 2013 No. 23 s 301

972MWhen direction takes effect

The direction takes effect on the later of the following—

(a)at the end of the period to appeal against the direction as a compliance notice;

(b)if an appeal is made, when the appeal is decided if the decision is to confirm the giving of the direction.

sdiv 2 (ss 972K–972O) ins 2013 No. 23 s 301

972NEffect on development permit

(1)Any development permit to which directions relate is changed to include the direction.

(2)If the direction is inconsistent with any other provision of the development permit, the direction prevails to the extent of the inconsistency.

sdiv 2 (ss 972K–972O) ins 2013 No. 23 s 301

972OOffence to fail to comply with direction

A person to whom the direction is given must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty—1665 penalty units.

sdiv 2 (ss 972K–972O) ins 2013 No. 23 s 301

pt hdg ins 2003 No. 25 s 131

973Appointment and qualifications of metering contractors

(1)The chief executive may appoint a person as a metering contractor.

(2)The chief executive may appoint a person as a metering contractor only if, in the chief executive’s opinion, the person has the necessary expertise or experience to be a metering contractor.

s 973 sub 2003 No. 25 s 131

974Metering contractor’s identity card

(1)The chief executive must give each metering contractor an identity card.

(2)The identity card must—

(a)contain a recent photo of the metering contractor; and

(b)be signed by the metering contractor; and

(c)identify the person as a metering contractor under this Act; and

(d)state an expiry date.

s 974 sub 2003 No. 25 s 131

975Failure to return identity card

A person who ceases to be a metering contractor must return the person’s identity card to the chief executive within 15 business days after ceasing to be a metering contractor, unless the person has a reasonable excuse for not returning it.

Maximum penalty—50 penalty units.

s 975 sub 2003 No. 25 s 131

976Producing or displaying identity card

(1)A metering contractor may exercise a power under this Act in relation to someone else only if the metering contractor—

(a)first produces his or her identity card for the person’s inspection; or

(b)has the identity card displayed so it is clearly visible to the person.

(2)However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the metering contractor must produce the identity card for the person’s inspection at the first reasonable opportunity.

s 976 sub 2003 No. 25 s 131

977Power to enter places for stated purposes

(1)A metering contractor may enter land—

(a)to inspect a site and any works on the site in preparation for installing a meter on the site; or

(b)to carry out preparation work on the site; or

(c)to install a meter and any works necessarily associated with the meter on a site; or

(d)to calibrate and test the meter; or

(e)to maintain, repair and replace meters; or

(f)to read meters; or

(g)to clear vegetation or any other thing adversely affecting access to a meter.

(2)However, the metering contractor may enter the land at any reasonable time only if—

(a)the occupier consents to the entry; or

(b)the metering contractor has given the occupier at least 10 business days notice of the entry and the purpose of the entry.

(3)After entering the place, the metering contractor may carry out the activity that is the purpose of the entry.

(4)For carrying out the activity, the metering contractor may require the occupier, or a person on the land, to give the metering contractor information to help the contractor carry out the activity.

(5)If there is no person on the land at the time of the entry under subsection (2) (b), the metering contractor must—

(a)leave a notice at the place; and

(b)ensure the notice is left in a reasonably secure way and in a conspicuous position.

(6)In this section—

land means a parcel of land other than the part on which there is erected a building or structure that is—

(a)a dwelling place; or

(b)being used, at the relevant time, as a dwelling place.

s 977 sub 2003 No. 25 s 131; 2005 No. 19 s 154

978Obstructing metering contractors

A person must not obstruct a metering contractor exercising a power under this Act, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

s 978 sub 2003 No. 25 s 131

979Giving notice of damage

(1)If the metering contractor, in the exercise or purported exercise of a power under this Act, damages anything, the metering contractor must immediately give notice of the particulars of the damage.

(2)The notice must be given to the person who appears to the metering contractor to be the owner of, or in control of, the thing damaged.

(3)If, for any reason, it is not practicable to comply with subsection (2), the metering contractor must—

(a)leave the notice at the place where the damage happened; and

(b)ensure the notice is left in a reasonably secure way and in a conspicuous position.

(4)This section does not apply to damage the metering contractor believes, on reasonable grounds, is trivial.

s 979 sub 2003 No. 25 s 131

980Compensation for damage

(1)A person may claim compensation from the metering contractor if the person incurs loss or expense because of the exercise or purported exercise of a power under this Act by the metering contractor.

(2)Payment of compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction.

(3)A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4)For this section, loss or expense does not include loss or expense caused by the act of removing vegetation or any other thing.

s 980 sub 2003 No. 25 s 131

div hdg ins 2011 No. 31 s 389

984Definitions for pt 3

In this part—

change, for a water allocation, means a change to a water resource plan relating to the allocation.

designated plan means any of the following or any replacement of the following—

(a) Water Resource (Border Rivers) Plan 2003 ;

(b) Water Resource (Condamine and Balonne) Plan 2004 ;

(c) Water Resource (Moonie) Plan 2003 ;

(d) Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 .

def designated plan ins 2011 No. 31 s 390

environmental update purpose means the purpose of providing additional water to the environment because of new scientific knowledge demonstrating the amount previously allocated to the environment is inadequate.

def environmental update purpose ins 2011 No. 31 s 390

interim water resource plan see the Water Act 2007 (Cwlth), section 242.

def interim water resource plan ins 2011 No. 31 s 390

owner, of a water allocation, means a registered owner of the allocation at the time a change to a water resource plan is made.

prescribed area plan see section 986A (1) (a) (iii) and (iv).

def prescribed area plan ins 2011 No. 31 s 390

relevant reduction means a reduction in the maximum long-term annual average quantities of water that can be taken on a sustainable basis from the water resources, or particular parts of the water resources, for the plan area of a plan mentioned in section 986A (1) (a).

def relevant reduction ins 2011 No. 31 s 390

replacement, for a provision about a water resource plan (the original), means a plan of the same type as the original that is the first or a later replacement, with or without changes, of the original.

def replacement ins 2011 No. 31 s 390

water access entitlement means—

(a)a water allocation; or

(b)another authority prescribed under a regulation to take water.

def water access entitlement ins 2011 No. 31 s 390

985Application of pt 3

(1)Compensation is not payable under this Act except as provided in this part.

(2) Subsection (1) does not affect compensation that may be paid under section 765.

div hdg ins 2011 No. 31 s 391

986Particular reductions in allocation’s value

(1)An owner of a water allocation is entitled to be paid reasonable compensation by the State if—

(a)a change reduces the value of the allocation; and

(b)the change is made within 10 years after the water resource plan is approved.

(2)This section does not apply to the owner of a water allocation for a change that reduces the value of the allocation if section 986A (1) (a) applies, unless no compensation is payable under section 986G (3) for the change.

s 986 amd 2011 No. 31 s 392

div hdg ins 2011 No. 31 s 393

sdiv 1 (s 986A) ins 2011 No. 31 s 393

986AApplication of div 3

(1)This division applies if—

(a)a water access entitlement is regulated under an interim water resource plan or any of the following water resource plans—

(i)a designated plan;

(ii)a replacement of a designated plan;

(iii)if a regulation prescribes that this subsection applies to a particular area, or a particular part of an area—one whose plan area includes the area or part (a prescribed area plan);

(iv)a replacement of a water resource plan mentioned in subparagraph (iii) (also a prescribed area plan); and

(b)a relevant reduction results in a change to the water access entitlement or the water that may be taken under the entitlement; and

(c)the change reduces the entitlement’s value.

(2)However, this division does not apply if—

(a)the change increases the total amount of water available under the water resource plan resulting in additional water access entitlements being granted; or

(b)the change is required to give effect to a court decision; or

(c)the plan is a water resource plan and the change is to restore water to the environment because of a natural decrease in water availability within the plan area for the plan, including, for example, because of a decrease resulting from climate change, drought or bush fires; or

(d)the relevant reduction is less than 3% and for the environmental update purpose.

sdiv 1 (s 986A) ins 2011 No. 31 s 393

sdiv 2 (ss 986B–986E) ins 2011 No. 31 s 393

986BCompensation entitlement

(1)This subdivision applies only if the change is for the environmental update purpose.

(2)The owner of the water access entitlement is entitled to be paid reasonable compensation by the State for the relevant reduction, as provided for under this subdivision.

(3)However, the compensation entitlement under subsection (2) is subject to any relevant exclusion, limitation or restriction under this subdivision or subdivision 4.

sdiv 2 (ss 986B–986E) ins 2011 No. 31 s 393

986CDesignated plans and replacements

(1)This section applies if the water access entitlement is regulated under a designated plan or a replacement of a designated plan.

(2)No compensation is payable for a relevant reduction of 3% or less.

(3)Compensation is payable for a relevant reduction of more than 3% over the 10-year period starting on the end of the period for which the first water resource plan relating to the area for which the water access entitlement applies was in force.

(4)However, only one-third of the compensation payable for a relevant reduction of more than 3%, but not more than 6%, over the 10-year period is payable.

(5)Also, only one-half of the compensation payable for a relevant reduction of more than 6% over the 10-year period is payable.

sdiv 2 (ss 986B–986E) ins 2011 No. 31 s 393

986DPrescribed area plans

(1)This section applies if the water access entitlement is regulated under a prescribed area plan.

(2)No compensation is payable for a relevant reduction of 3% or less.

(3)Compensation is payable for a relevant reduction of more than 3% over the 10-year period starting on the making of the regulation under section 986A (1) (a) (iii) relating to the area for which the water access entitlement applies.

(4)However, only one-third of the compensation payable for a relevant reduction of more than 3%, but not more than 6%, over the 10-year period is payable.

(5)Also, only one-half of the compensation payable for a relevant reduction of more than 6% over the 10-year period is payable.

sdiv 2 (ss 986B–986E) ins 2011 No. 31 s 393

986EInterim water resource plans

(1)This section applies if the water access entitlement is regulated under an interim water resource plan.

(2)No compensation is payable for a relevant reduction of 3% or less.

(3)Compensation is payable for a relevant reduction of more than 3% over the 10-year period starting on the making of a water management plan under section 986J relating to the area for which the water access entitlement applies.

(4)However, only one-third of the compensation payable for a relevant reduction of more than 3%, but not more than 6%, over the 10-year period is payable.

(5)Also, only one-half of the compensation payable for a relevant reduction of more than 6% over the 10-year period is payable.

sdiv 2 (ss 986B–986E) ins 2011 No. 31 s 393

sdiv 3 (s 986F) ins 2011 No. 31 s 393

986FCompensation entitlement

(1)This subdivision applies if—

(a)the change is because of an amendment or replacement of a water resource plan; and

(b)the Minister has stated in the water resource plan that the change is because of a change in State government policy.

(2)Subject to subdivision 4, the owner of the water access entitlement is entitled to be paid reasonable compensation by the State for the relevant reduction.

(3)For subsection (2), a change in State government policy does not include a change that reflects a change in Commonwealth government policy.

sdiv 3 (s 986F) ins 2011 No. 31 s 393

sdiv 4 (s 986G) ins 2011 No. 31 s 393

986GRestrictions

(1)If the water access entitlement is regulated under a prescribed area plan, the compensation entitlement applies only while a designated intergovernmental agreement is in force for the area.

(2)If the water access entitlement is regulated under any of the following, the compensation entitlement applies only while a designated intergovernmental agreement is in force—

(a)a designated plan;

(b)a replacement of a designated plan;

(c)an interim water resource plan.

(3)Also, the compensation entitlement is not payable for the change if the Commonwealth has not provided funding for the relevant reduction to meet its obligations under all designated intergovernmental agreements for prescribed plan areas and for all plans mentioned in subsection (2).

(4)In this section—

designated intergovernmental agreement means an agreement between the State and the Commonwealth as follows—

(a)for a prescribed plan area, one that—

(i)is about supplementing the payment of prescribed area compensation; and

(ii)is separate from one between them about supplementing non-prescribed area compensation;

(b)for a plan mentioned in subsection (2), one that—

(i)is about supplementing and funding the payment of non-prescribed area compensation; and

(ii)is separate from one between them about supplementing prescribed area compensation.

non-prescribed area compensation means compensation worked out under section 986C or 986E.

prescribed area compensation means compensation worked out under section 986D.

sdiv 4 (s 986G) ins 2011 No. 31 s 393

div 4 (ss 986H–986J) ins 2011 No. 31 s 393

986HRegulation-making power

A regulation may prescribe—

(a)the basis on which a change mentioned in section 986A (1) (b) is to be worked out; and

(b)the basis on which compensation for the decreased value of water access entitlements is to be worked out; and

(c)the way compensation under this part is to be paid.

div 4 (ss 986H–986J) ins 2011 No. 31 s 393

986IWater resource plan to identify particular changes

(1)This section applies if—

(a)a change mentioned in section 986A (1) (b) is made; and

(b)the change is—

(i)to address a risk mentioned in the national water initiative agreement, clause 49; or

(ii)for the environmental update purpose.

(2)The water resource plan must identify the change.

(3)In this section—

national water initiative agreement means the Intergovernmental Agreement on a National Water Initiative between the Commonwealth and the governments of New South Wales, Victoria, Queensland, South Australia, the Australian Capital Territory and the Northern Territory made on 25 June 2004.

Editor’s note—

At the commencement of this section, the national water initiative agreement may be viewed on the National Water Commission’s website at <www.nwc.gov.au>.

div 4 (ss 986H–986J) ins 2011 No. 31 s 393

986JMaking water management plans by declaration

(1)The Minister may make a water management plan by declaring, by gazette notice—

(a)that a particular instrument forms a water management plan for this section; or

(b)that particular instruments are combined to form a water management plan for this section.

(2)The making of the water management plan does not affect the existence or operation of the instrument or instruments.

(3)Any rights, liabilities, obligations or information under the water management plan are the same as under the instrument or instruments.

(4)The water management plan operates as an alternative to the instrument or instruments and does not duplicate any rights, liabilities, obligations or information under the instrument or instruments.

(5)In this section—

instrument means an instrument under the Act for the management of water resources within the meaning of the Water Act 2007 (Cwlth), section 242 (1) (a).

div 4 (ss 986H–986J) ins 2011 No. 31 s 393

987Limiting compensation for reduced value of entitlement to water

(1)Despite section 986, compensation is not payable if the change has the same effect as another statutory instrument, in respect of which compensation is not payable.

(2)Also, compensation is not payable—

(a)for a matter under this part if compensation has already been paid for the matter to a previous owner of the authority to take water; or

(b)for anything done in contravention of this Act.

(3)If a matter for which compensation is payable under this part is also a matter for which compensation is payable under another Act, the claim for the compensation must be made under the other Act.

988Time limits for claiming compensation

A claim for compensation under this part must be given to the chief executive within 6 months after the day the approval of the plan or the amendment of the plan reducing the value of the water allocation.

989Time limits for deciding and advising on claims

(1)The chief executive must decide each claim for compensation within 60 business days after the day the claim is made.

(2)The chief executive must, within 10 business days after the day the claim is decided—

(a)give the claimant an information notice; and

(b)if the decision is to pay compensation—advise in the notice the amount of the compensation to be paid.

990Deciding claims for compensation

In deciding a claim for compensation under this part, the chief executive must—

(a)grant the claim; or

(b)grant part of the claim and refuse the rest of the claim; or

(c)refuse the claim.

991Calculating reasonable compensation involving changes

(1)For compensation payable because of a change, reasonable compensation is the difference between the market values, appropriately adjusted having regard to the following matters, to the extent they are relevant—

(a)any benefit accruing to the claimant from the change, including, but not limited to, the likelihood of improved water services;

(b)if the claimant has an authority to take water in addition to the water allocation for which the claim is made, any benefit accruing to the authority because of—

(i)the change or any other change made before the claim for compensation was made; or

(ii)the construction of, or improvement to, infrastructure on the watercourse, other than infrastructure funded by the claimant, before the claim for compensation was made;

(c)the effect of any other changes to the water resource plan made since the change.

(2)In this section—

difference between the market values is the difference between the market value of the water allocation immediately before the change came into effect and the market value of the allocation immediately after the change came into effect.

992When compensation is payable

If compensation is payable under this part, the compensation must be paid within 30 business days after—

(a)the last day an appeal could be made against the chief executive’s decision about the payment of compensation; or

(b)if an appeal is made—within 30 business days after the day the appeal is decided.

pt hdg ins 2008 No. 34 s 738

992AAuthority held by Mount Isa Mines Limited under special agreement Act

(1)This section applies to Mount Isa Mines Limited ACN 009 661 447 (the entity) to the extent a special agreement Act authorises the entity to take or interfere with water in relation to Rifle Creek Dam and Lake Moondarra.

(2)The authority continues under the special agreement Act until the chief executive grants the entity the water allocation under the resource operations plan to replace part of the Lake Moondarra authority.

(3) Subsection (2) applies despite section 1037A (3) and (4) and anything to the contrary in the special agreement Act that applies to the entity.

(4)To remove any doubt, it is declared that nothing in this section affects the water licence, held by the entity, to take water from Rifle Creek.

(5)In this section—

Lake Moondarra authority means the authority for taking water from Lake Moondarra—

(a)granted under the Order in Council published in the gazette on 14 August 1976 at page 1987; and

(b)continued under section 1089.

resource operations plan means the resource operations plan that implements the Water Resource (Gulf) Plan 2007 .

special agreement Act see the Environmental Protection Act 1994 , section 584.

s 992A ins 2008 No. 34 s 738

amd 2013 No. 23 s 352 sch 1 pt 1

pt 3B (s 992B–992F) ins 2008 No. 34 s 738

992BApplication of pt 3B

This part applies to the authority held by SEQ Water, to take or interfere with water, continued in force under section 1037A.

pt 3B (s 992B–992F) ins 2008 No. 34 s 738

992CRequirement for supply contract

The holder of each of the following authorities, to take water made available by SEQ Water under its authority, must have a supply contract with SEQ Water for the holder’s water entitlement—

(a)a licence issued under part 4 of the repealed Act to take water for irrigation purposes from the section of the Brisbane River between Wivenhoe Dam and Mt Crosby Weir and taken, under section 1048A, to be a water entitlement under this Act;

(b)an authority under the repealed Act, to take water, that—

(i)was in force on the commencement of the repealed Water Resources Regulation 1999 , section 15B; and

(ii)relates to the section of the Brisbane River between Wivenhoe Dam and Mt Crosby Weir; and

(iii)is taken, under section 1048A, to be a water entitlement under this Act;

(c)a water entitlement granted under this Act to take water from the section of the Brisbane River between Wivenhoe Dam and Mt Crosby Weir.

pt 3B (s 992B–992F) ins 2008 No. 34 s 738

992DChief executive may approve standard supply contract

(1)The chief executive may approve a standard supply contract for the storage and supply, by SEQ Water, of water under the authorities mentioned in section 992C.

(2)The chief executive must gazette the approval.

(3)On the commencement of this section, the standard supply contract applies to an authority unless the holder of the authority and SEQ Water have a supply contract.

(4)The parties to a standard supply contract must review the contract within 1 year after the contract takes effect.

pt 3B (s 992B–992F) ins 2008 No. 34 s 738

992ECustomer of a service provider

The holder of authority to take water, mentioned in section 992C, is a customer of a service provider for the Water Supply Act.

pt 3B (s 992B–992F) ins 2008 No. 34 s 738

992FCost of installing and maintaining meters

SEQ Water may recover, from each holder of an authority mentioned in section 992C to whom the standard supply contract applies, the reasonable cost to SEQ Water of—

(a)a water meter to measure the volume of water taken under the authority; and

(b)installing, reading and maintaining the water meter.

pt 3B (s 992B–992F) ins 2008 No. 34 s 738

pt hdg ins 2010 No. 52 s 54

div hdg ins 2014 No. 64 s 180

992GDefinitions for div 1

In this division—

environmental impact statement means an environmental impact statement prepared or finalised under—

(a)the Environmental Protection Act 1994 ; or

(b)the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); or

(c)the State Development and Public Works Organisation Act 1971 .

relevant company, for a special agreement Act, means the entity that is authorised to obtain water under the agreement under the special agreement Act.

special agreement Act means each of the following Acts—

(a) Alcan Queensland Pty. Limited Agreement Act 1965 ;

(b) Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 .

specified conditions ...

def specified conditions om 2014 No. 64 s 181 (3)

threshold limit ...

def threshold limit om 2014 No. 64 s 181 (3)

Wenlock Basin means the physical river catchments contained within the indicative boundaries shown for the Wenlock Basin in the spatial dataset ‘Drainage Basins Queensland (IQ_QLD_DRNBASIN_100K), Department of Natural Resources and Mines 20/1/2009’ held in digital electronic form by the chief executive.

Note—

A map of the Wenlock Basin can be accessed from the dataset by downloading it from the department’s website at <www.dnrm.qld.gov.au>.

def Wenlock Basin ins 2014 No. 64 s 181 (4)

Wenlock Basin Wildriver area ...

def Wenlock Basin Wildriver area om 2014 No. 64 s 181 (3)

Wenlock Basin Wildriver Declaration ...

def Wenlock Basin Wildriver Declaration om 2014 No. 64 s 181 (3)

s 992G ins 2010 No. 52 s 54

amd 2014 No. 64 s 181 (1)–(2)

992HApplication of div 1

(1)This division applies to each relevant company for a special agreement Act to the extent the entity is authorised under the special agreement Act to take or interfere with water, other than artesian water or subartesian water connected to artesian water, in the Wenlock Basin.

(2)This division does not affect a relevant company’s right or authority under a special agreement Act to take or interfere with—

(a)water that is not in the Wenlock Basin; or

(b)artesian water or subartesian water connected to artesian water in the Wenlock Basin.

s 992H ins 2010 No. 52 s 54

amd 2014 No. 64 s 182

992IContinuation of authority and grant of water licence to replace authority

(1)The authority to take or interfere with the water continues under the special agreement Act until a water licence is granted under this section to replace the authority.

(2)However, the relevant company may take or interfere with the water after the commencement of this section only under a water licence granted under this section to replace all or a part of the authority.

(3)The relevant company may give the chief executive a notice stating the company proposes to—

(a)take or interfere with the water in relation to all or a part of the authority; and

(b)obtain a water licence under this section to replace all or the part of the authority.

(4) Subsections (1) and (2) apply despite section 1037A (3) and (4) and anything to the contrary in the special agreement Act.

(5)If a relevant company gives the chief executive a notice under subsection (3), the chief executive must, within 30 business days after receiving the notice, grant the company a water licence to replace all or the part of the authority to which the notice relates.

(6)The water licence may be granted—

(a)with or without conditions; and

(b)without the need for an application under section 206.

(7)A condition of the water licence must not be inconsistent with—

(a)the specified conditions for the special agreement Act; or

(b)an environmental impact statement, or any report or study prepared in support of the environmental impact statement, that deals with taking or interfering with water in the Wenlock Basin, to the extent the environmental impact statement, report or study is not inconsistent with the specified conditions mentioned in paragraph (a).

(8)If the chief executive grants a water licence under this section, the chief executive must, within 30 business days, give the relevant company—

(a)the water licence in the approved form; and

(b)an information notice about the grant.

(9)A water licence granted under this section is taken to be a water licence for this Act.

s 992I ins 2010 No. 52 s 54

amd 2014 No. 64 s 183

992JAmendment of water licence that replaces authority

(1)The chief executive may, under section 217 or 218, amend a water licence granted under section 992I.

(2)However, the conditions of the amended water licence must not be inconsistent with—

(a)the specified conditions for the special agreement Act to which it relates; or

(b)an environmental impact statement, or any report or study prepared in support of the environmental impact statement, that deals with taking or interfering with water in the Wenlock Basin, to the extent the environmental impact statement, report or study is not inconsistent with the specified conditions mentioned in paragraph (a).

(3) Subsection (2) applies despite section 217.

(4)A relevant company may, by notice given to the chief executive, propose an amendment to its water licence granted under section 992I.

(5)The notice mentioned in subsection (4) must state the proposed amendment.

(6)If the chief executive is satisfied the proposed amended licence would not be inconsistent with a matter mentioned in subsection (2), the chief executive must, within 30 business days after receiving the notice—

(a)amend the licence; and

(b)give the licensee—

(i)an amended licence in the approved form; and

(ii)an information notice about the amendment.

(7)The chief executive may amend the water licence under subsection (6) without the need for an application under section 216.

s 992J ins 2010 No. 52 s 54

amd 2014 No. 64 s 184

993Power to collect drainage rates

(1)The corporatised entity may collect drainage rates prescribed under a regulation.

(2) Subsection (1) does not limit the ways in which a drainage rate may be made or levied under the regulation.

994Exemption from drainage rates

Despite section 993, the regulation can not make and levy drainage rates for the following land—

(a)unoccupied State land;

(b)unallocated State land reserved for a public purpose;

(c)land occupied by the State, other than land leased by the State from a person;

(d)land prescribed under the regulation for this section.

995Interest on overdue drainage rates

(1)An overdue drainage rate under section 993 bears interest at the annual rate, decided by the chief executive, of not more than—

(a)15%; or

(b)if another percentage is prescribed under a regulation—the other percentage.

(2)The interest must be calculated as simple interest.

(3)In this section—

overdue drainage rate means the amount of the rate that is not paid when it becomes payable.

996Discount for payment of drainage rates

(1)The chief executive may allow a discount for payment of a drainage rate.

(2)Unless a regulation prescribes otherwise, the discount must not be more than 15% of the drainage rate.

997Recovering drainage rates

The corporatised entity may recover an overdue drainage rate, and any interest payable on the overdue drainage rate, as a debt due to the corporatised entity by the person on whom the rate is made or levied.

999Minister’s and Treasurer’s power to give joint directions to corporatised entity

(1)The Minister and Treasurer may give the corporatised entity a written joint direction if the Minister and Treasurer are satisfied it is necessary to give the direction—

(a)to give effect to this Act; or

(b)to facilitate water industry reform in the State; or

(c)to ensure a financially viable water industry in the State.

(2)The corporatised entity must comply with the direction.

(3)The Minister must gazette a copy of the direction within 21 days after it is given.

s 999 prev s 999 om 2003 No. 25 s 132

pres s 999 (prev s 1120) amd 2003 No. 25 s 144 (1)

renum and reloc 2003 No. 25 s 144 (2)

pt 4A (ss 1000–1003A) ins 2005 No. 19 s 155

1000Entering private water supply agreements

(1)This section applies for a former water area if—

(a)all the registered owners of land (the relevant land) being supplied with water from the area enter into a written agreement about supplying water to the relevant land; and

(b)the area is, under section 1083 (2), an authority area; and

(c)the chief executive is performing the functions of a water authority for the area.

(2)The agreement (a private water supply agreement) must state—

(a)the water, land and works to which the agreement applies; and

(b)the arrangements for supplying the water to each registered owner’s land; and

(c)the arrangements for the maintenance or replacement of the works and the sharing of the cost of the maintenance or replacement; and

(d)the arrangements for accessing the works; and

(e)provisions for the cancellation of the agreement with the consent of all parties.

pt 4A (ss 1000–1003A) ins 2005 No. 19 s 155

1001Registration of private water supply agreement

(1)As soon as practicable after entering the private water supply agreement—

(a)the parties must give the chief executive a copy of the agreement; and

(b)the chief executive must give the registrar of titles notice of the agreement.

(2)The registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the relevant land will show the existence of the agreement.

(3)If the agreement is cancelled, as soon as practicable after the cancellation—

(a)the parties must give the chief executive notice of the cancellation; and

(b)the chief executive must give the registrar of titles notice of the cancellation; and

(c)the registrar must remove the particulars of the agreement from the registrar’s records.

(4)While the agreement has effect, the obligations on each party attach to the party’s land and bind the party and the party’s successors in title to the land.

pt 4A (ss 1000–1003A) ins 2005 No. 19 s 155

1002When agreement has effect

Despite any other provision of this part, the private water supply agreement does not have effect until the former water area is dissolved under this Act.

pt 4A (ss 1000–1003A) ins 2005 No. 19 s 155

1003Amending a private water supply agreement

(1)A private water supply agreement (the original agreement) may be amended only once and only if the works to which the original agreement applies are capped and piped or are to be capped and piped.

(2)If additional land is required because of the capping and piping, the amending agreement may include—

(a)the addition of land to the original agreement; and

(b)if the registered owner of the land is not already a party to the original agreement—the addition of the registered owner as a party.

(3)As soon as practicable after making the amending agreement, the parties must give the chief executive a copy of the amending agreement.

(4)If the amending agreement varies the land to which the original agreement applies, the chief executive must give the registrar of titles notice of the amending agreement.

(5)The registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the land the subject of the original agreement, as amended, will show the existence of the original agreement and the amending agreement.

(6)In this section—

cap and pipe, in relation to works, means—

(a)repairing or replacing a bore forming the whole or part of the works so that the flow of water can be controlled by a valve on the headworks of the bore; and

(b)replacing a bore drain distribution system with a pipeline distribution system.

pt 4A (ss 1000–1003A) ins 2005 No. 19 s 155

1003A Chief executive may approve standard agreement

(1)The chief executive may approve a document (a standard agreement) to operate as a private water supply agreement in the absence of the agreement of the registered owners of particular land.

(2)The chief executive must gazette the approval of the standard agreement.

(3)On and from the day the former water area to which the standard agreement applies is dissolved, the standard agreement applies as a private water supply agreement for the area until the registered owners enter into a private water supply agreement to replace the standard agreement.

pt 4A (ss 1000–1003A) ins 2005 No. 19 s 155

pt 4B (s 1003B) ins 2010 No. 12 s 243

1003B Condamine and Balonne Resource Operations Plan amended

(1)On the commencement of this section, the CB ROP is amended by including the deferred aspect in the CB ROP.

(2) Subsection (1) applies despite any other provision of this Act.

(3)The CB ROP as amended under subsection (1) is the resource operations plan for the Water Resource (Condamine and Balonne) Plan 2004 .

(4)This section does not affect the power of—

(a)the chief executive to further amend the CB ROP; or

(b)the Governor in Council to approve a further amendment of the CB ROP; or

(c)the chief executive to prepare, or the Governor in Council to approve, a resource operations plan to replace the CB ROP as amended from time to time, including under subsection (1); or

(d)the Governor in Council to repeal the CB ROP as amended from time to time, including under subsection (1).

(5)In this section—

CB ROP means the Condamine and Balonne Resource Operations Plan approved by the Governor in Council on 11 December 2008.

deferred aspect means the provisions for the CB ROP included in the document called ‘Condamine and Balonne resource operations plan amendment incorporating the Lower Balonne area’ approved by the chief executive on 5 March 2010.

Editor’s note—

On the commencement of this section, the document is available for inspection at the department’s office at 41 George Street, Brisbane and on the department’s website.

pt 4B (s 1003B) ins 2010 No. 12 s 243

pt 4C (s 1003C) ins 2011 No. 40 s 90

1003C Gulf Resource Operations Plan amended

(1)On the commencement of this section, the Gulf ROP is amended by the Gulf ROP amendment.

(2) Subsection (1) applies despite any other provision of this Act.

(3)The Gulf ROP as amended under subsection (1) is the resource operations plan for the Water Resource (Gulf) Plan 2007 .

(4)This section does not affect the power of—

(a)the chief executive to further amend the Gulf ROP; or

(b)the Governor in Council to approve a further amendment of the Gulf ROP; or

(c)the chief executive to prepare, or the Governor in Council to approve, a resource operations plan to replace the Gulf ROP as amended from time to time, including under subsection (1); or

(d)the Governor in Council to repeal the Gulf ROP as amended from time to time, including under subsection (1).

(5)In this section—

Gulf ROP means the Gulf Resource Operations Plan approved by the Governor in Council on 24 June 2010.

Gulf ROP amendment means the provisions for the Gulf ROP included in the document called ‘Gulf resource operations plan amendment’ signed by the chief executive on 6 June 2011.

Editor’s note—

On the commencement of this section, the Gulf ROP amendment is available for inspection at the department’s office at 41 George Street, Brisbane and on the department’s website.

pt 4C (s 1003C) ins 2011 No. 40 s 90

1004Referral panels established by the chief executive

(1)The chief executive may establish a referral panel to advise on matters about—

(a)a draft resource operations plan; or

(b)a proposed amendment under section 105 to a resource operations plan; or

(c)an amendment under section 106 (b) to a resource operations plan; or

(d)the granting of a water licence under section 212; or

(e)the granting of an application under section 223.

(2)The panel must consist of at least 3 individuals and has the functions the chief executive decides.

(3)A member of the panel may be paid the fees and allowances decided by the Governor in Council.

(4)The chief executive may make available to the panel the technical, clerical, secretarial or other help the chief executive considers necessary for the performance of its functions and the conduct generally of its affairs.

s 1004 amd 2001 No. 75 s 3 sch 2; 2003 No. 25 s 133; 2007 No. 57 s 98

1004A Referral panels established by the Minister

(1)If the Minister receives an application under section 27, the Minister must—

(a)establish a referral panel, consisting of at least 3 individuals, to consider the application; and

(b)refer the application to the panel.

(2)The panel must consider—

(a)whether the works to which the application relates—

(i)are substantially completed; or

(ii)would have been completed by the completion day but for a change in circumstances beyond the applicant’s control; and

(b)whether the works can be completed, to the extent they would be functional, within a reasonable time.

(3)The panel must make a recommendation, about the application, to the Minister within 20 business days after the day the panel receives the application.

s 1004A ins 2001 No. 75 s 96

amd 2003 No. 25 s 134

1005Advisory councils

(1)The Minister may establish as many advisory councils as the Minister considers appropriate for the administration of this Act, including, for example, for policy recommendations.

(2)An advisory council has the functions the Minister decides.

(3)A member of an advisory council may be paid the fees and allowances decided by the Governor in Council.

(4)The chief executive may make available to an advisory council the technical, clerical, secretarial or other help the chief executive considers necessary for the performance of its functions and the conduct generally of its affairs.

s 1005 amd 2008 No. 34 s 666 sch 2

1006Declarations about watercourses

(1)A regulation or a water resource plan may declare water in an aquifer under a watercourse, or under land adjacent to a watercourse, to be water in the watercourse.

(2)If subsection (1) applies, a regulation or a water resource plan may also state the way in which water, taken for stock or domestic purposes, is regulated.

(3)Water declared to be in a watercourse is not subartesian water.

s 1006 amd 2001 No. 75 s 97; 2005 No. 19 s 156; 2008 No. 34 s 739; 2010 No. 12 s 244; 2014 No. 64 s 187 (1)–(3)

1007Records to be kept in registries

(1)If land is declared under section 20A (3) (a), the chief executive must give notice of the declaration to the registrar of titles.

(2)The registrar of titles must record the declaration in a way that a search of the register kept by the registrar under any Act relating to the land will show—

(a)that the land has been declared under section 20A (3) (a); and

(b)the particulars stated in the declaration.

(3)If the registrar receives a notice under section 127B (2), the registrar must record the notice in a way that a search of the register relating to the water allocation will show that the allocation is an allocation to which section 127C applies.

(4)If the registrar receives a notice under section 127C (4), the registrar must record the notice in a way that a search of the register relating to the water allocation will show that the allocation is no longer an allocation to which section 127C applies.

s 1007 amd 2001 No. 75 s 98; 2005 No. 19 s 157; 2005 No. 56 s 12; 2008 No. 34 s 740; 2013 No. 23 ss 285, 352 sch 1 pt 2

1009Public inspection and purchase of documents

(1)The chief executive must keep a copy of the following documents available for inspection by the public during office hours on business days at the head office, or at the appropriate regional office, of the department—

(a)each statement of proposals prepared under section 39;

(b)each overview report prepared under section 48 or 99A;

(c)until a water resource plan is approved for a plan area—the draft water resource plan publicly notified for the area under section 49;

(d)each approved water resource plan;

(e)each report prepared by the Minister under section 51;

(f)each periodic report for a water resource plan prepared under section 53;

(fa)each notice of existing works that allow taking overland flow water required to be given to the chief executive under a water resource plan;

(g)each approved water use plan;

(i)until a resource operations plan is approved for a plan area—the draft resource operations plan publicly notified for the area under section 100;

(j)each approved resource operations plan;

(ja)each report prepared by the chief executive under section 104C;

(k)each resource operations licence;

(ka)each distributions operations licence;

(l)each interim resource operations licence;

(m)each interim water allocation;

(n)each water licence;

(o)each water permit, including seasonal water assignments;

(p)each permit issued under section 269;

(q)each allocation notice given to an applicant under section 283;

(qa)each water bore driller’s licence;

(r)each operations licence;

(s)each private water supply agreement.

(2)The chief executive may also keep a copy of a document mentioned in subsection (1) available for inspection by the public at other places the chief executive considers appropriate.

(3)On payment of a fee, a person may buy a copy of a document available for inspection under this section.

(4)The fee for the copy of the document must not be more than the reasonable cost of publishing the copy.

s 1009 amd 2005 No. 19 s 158; 2008 No. 34 s 741; 2011 No. 40 s 91; 2013 No. 23 s 352 sch 1 pt 1

1009APublishing under this Act

(1)This section provides for how an entity may publish a notice, document, information or other thing to a person or persons for this Act.

(2)If the thing is a document made by an entity mentioned in chapter 2A, the entity must—

(a)publish a gazette notice about where the document may be inspected free of charge; and

(b)publish the document on the entity’s website on the internet or, if the entity is the Minister or chief executive, on the department’s website on the internet.

(3)Also, if the provision of this Act states the thing must be published in a particular way, the thing must be published in that way.

(4)Otherwise, the thing may be published in any way intended, and likely, to bring it to the attention of the person or persons to whom it is to be published, including, for example, in any of the following ways considered to be appropriate in the particular circumstances of the requirement—

(a)in any way a thing required to be served on a person may be served;

(b)by announcing the thing over a radio station broadcasting generally throughout the area in which the person or persons reside;

(c)publishing the thing in a newspaper circulating generally throughout the area in which the person or persons reside;

(d)publishing the thing on the department’s website on the internet;

(e)publishing the thing by gazette notice.

(5) Subsections (2) and (3) do not prevent the thing also being published in other ways.

s 1009A ins 2014 No. 64 s 189

1010Protecting officials from liability

(1)In this section—

official means—

(a)the Minister; or

(b)the chief executive; or

(c)an authorised officer; or

(d)a person acting under the direction of an authorised officer; or

(e)a member of an advisory council; or

(f)a person acting under the direction of the Minister or the chief executive.

(2)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

(3)If subsection (2) prevents a civil liability attaching to an official, the liability attaches instead to the State.

s 1010 amd 2008 No. 34 s 666 sch 2

1010A Non-disclosure of commercially sensitive information

(1)This section applies if—

(a)information about a person (a client) is received by the Minister, the chief executive or the regulator (the entity) under section 25T, 36, 36A or 97; and

Editor’s note—

section 25T (Requirement for further information), 36 (Obtaining water information), 36A (Obtaining information from a service provider) or 97 (Notice of proposal to water infrastructure operators)

(b)the client who provides the information advises the entity that the information is commercially sensitive; and

(c)the entity believes disclosure of the information—

(i)would be likely to damage the client’s commercial activities; and

(ii)would not be in the public interest.

(2)The entity must take all reasonable steps to ensure the information is not, without the client’s consent, disclosed to another person other than an employee of the department who receives the information in the course of the employee’s duties.

(3)The employee must not disclose to any person information the employee obtains under subsection (2).

(4)In this section—

commercially sensitive means reasonably expected to adversely affect the client’s commercial activities.

s 1010A ins 2001 No. 75 s 99

amd 2007 No. 57 s 99; 2008 No. 34 s 742

1011Delegation by Minister

The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.

1012Delegation by chief executive

The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer or employee.

1013Approved forms

The chief executive may approve forms for use under this Act.

s 1013 amd 2007 No. 57 s 100; 2008 No. 34 s 666 sch 2; 2012 No. 39 s 75

1013AA Acceptance of particular requests and applications not in the approved form

(1) Subsection (2) applies if a provision of this Act requires or otherwise provides for a request or application to be made in an approved form.

(2)Despite the approval of a form for use for the request or application, the chief executive may accept a document, not in the approved form, that purports to make the request or application if the chief executive is satisfied that—

(a)the nature of the request or application is clear; and

(b)the document contains enough information to allow the chief executive to act on the request or application.

s 1013AA ins 2014 No. 64 s 190

1013A Fees and charges payable to the chief executive

(1)This section applies to a fee or charge payable to the chief executive under a regulation made under this Act.

(2)If an amount of a fee or charge remains unpaid after the day stated in the regulation for payment of the fee or charge—

(a)the amount is a debt due and payable to the State; and

(b)the late fee prescribed in the regulation applies to the amount.

(3)The Minister may waive, completely or partly, payment of a fee or charge if the Minister is satisfied the person by whom the fee or charge is payable is suffering hardship because of the effects of—

(a)drought, flood, fire or other natural disaster; or

(b)economic recession.

s 1013A ins 2001 No. 75 s 100

amd 2005 No. 19 s 159

1013B Non-payment of fees or charges

(1) Subsection (2) applies if all or part of a fee or charge payable to the chief executive remains unpaid for 20 business days after the day stated in the regulation for payment of the fee or charge.

(2)The chief executive may give the person who is liable to pay the fee or charge a written notice—

(a)stating the period to which the fee or charge relates; and

(b)stating the amount, including any late fee, owing at the date of the notice; and

(c)requiring the person—

(i)to pay the amount owing; or

(ii)to make arrangements, satisfactory to the chief executive, for payment of the amount owing; and

(d)prohibiting the taking of water under the authority under this Act to take water to which the fee or charge relates until payment or arrangements are made under paragraph (c).

(3)However—

(a)an authority mentioned in subsection (2) (d) does not include an authority under chapter 2, part 2, division 1A; and

(b) subsection (2) (d) does not apply if the holder of the authority is a service provider; and

(c)a prohibition under subsection (2) (d) must not apply to taking the minimum volume of water, that may be stated in the notice, necessary for stock or domestic purposes.

(4)A person must not take water in contravention of the notice.

Maximum penalty for subsection (4)—1665 penalty units.

s 1013B ins 2003 No. 25 s 135

amd 2005 No. 56 s 13; 2005 No. 19 s 160; 2013 No. 23 s 352 sch 1 pt 2

1013CFees—payment methods

(1)A regulation may prescribe the methods to be used for payment of fees payable under this Act.

(2)An approved form for a document under this Act may state the methods to be used for payment of any fee relating to the form.

(3)A method prescribed or approved to be used for the payment of a fee under subsection (1) or (2) is an approved payment method for the fee.

s 1013C prev 1013C ins 2005 No. 42 s 52 sch 1

om 2009 No. 36 s 872 sch 2

pres s 1013C ins 2014 No. 64 s 191

1013CA Fees—evidence and timing of payment

(1)This section applies to a person if—

(a)a document lodged by the person must be accompanied by a fee under this Act; and

(b)the person uses an approved payment method to pay the fee; and

(c)the fee is received by the entity to which the fee must be paid within the prescribed period for receiving an amount using the approved payment method.

(2)The fee is taken to accompany the document if the document is accompanied by evidence of the fee having been paid using the approved payment method.

Example—

a receipt for an electronic funds transfer

(3)If the document is accompanied by evidence of the fee having been paid using the approved payment method, the fee is taken to have been paid at the time the person lodged the document under this Act.

s 1013CA ins 2014 No. 64 s 191

1013D Minister’s and Treasurer’s power to give joint directions to bulk water supply authority

(1)The Minister and Treasurer may give the bulk water supply authority a written joint direction if the Minister and Treasurer are satisfied it is necessary to give the direction—

(a)to give effect to this Act; or

(b)to facilitate water industry reform in the State; or

(c)to ensure a financially viable water industry in the State.

(2)The bulk water supply authority must comply with the direction.

(3)The Minister must gazette a copy of the direction within 21 days after it is given.

s 1013D ins 2007 No. 58 s 117 sch 2

amd 2012 No. 39 s 102 sch pt 2

1013E Advice to Petroleum Act Minister about commission of particular offences

(1)This section applies if a person is convicted of an offence against chapter 3.

(2)The chief executive may, by notice given to the Petroleum Act Minister, advise the Petroleum Act Minister of the commission of the offence by the person.

(3)In this section—

Petroleum Act Minister means the Minister administering the Petroleum Act 1923 and the Petroleum and Gas (Production and Safety) Act 2004 .

s 1013E ins 2010 No. 53 s 203

1014Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may—

(a)fix fees and charges payable under this Act, including, for example, for the taking and supplying of water under this Act and for drainage and resource management services; and

(b)create offences against the regulation and fix a maximum penalty of a fine of 20 penalty units for an offence against the regulation; and

(d)state, in relation to meters, the following—

(i)when a meter must be installed to measure the volume of water taken, the rate at which it is taken and the time it is taken;

(ii)who may install the meter;

(iii)who must pay, and the arrangements for payment, for the installation, maintenance and reading of the meter;

(iv)the minimum standards for the design, construction, installation and maintenance of meters; and

(e)state the minimum standards for the construction and decommissioning of works relating to aquifers; and

(ga)state a process for—

(i)converting authorities to take or interfere with water, identified as existing water supply responsibilities in an interim resource operations licence, to interim water allocations; and

(ii)granting interim water allocations in relation to authorities to which the Three Moon Creek Irrigation Project Agreement for the Monto/Mulgildie Salinity Area, endorsed in 1997 by the Minister administering the repealed Act, applies; and

(gb)state a process for granting or otherwise dealing with unallocated water in the plan area for a water resource plan or resource operations plan; and

(gc)state a process for dealing with an application under section 129, 129A or 130 for a change to a water allocation; and

(i)state a code against which development applications may be assessed by the chief executive as an assessment manager or concurrence agency under that Act; and

(j)state a code for carrying out self-assessable development that is operational work that allows taking or interfering with water; and

(k)state the information to be contained in, the returns and the times for giving returns to the chief executive by a person about State quarry material or other material removed by the person from a watercourse or lake; and

(l)declare a water service to be exempt from the requirement of a bulk water supply agreement for the supply of the water service; and

(m)declare, for chapter 2A, part 3, an entity to be—

(i)a bulk water customer; or

(ii)a code-regulated entity; or

(iii)an SEQ bulk supplier; and

(n)provide for the control and management of the construction of new levees and the modification of existing levees to minimise the adverse impacts levees have on overland flow water, the catchment, landholders, communities and land planning and emergency procedures.

s 1014 amd 2001 No. 75 s 101; 2005 No. 19 s 161; 2005 No. 42 s 52 sch 1; 2007 No. 57 s 101; 2008 No. 34 ss 743, 666 sch 2; 2009 No. 36 s 872 sch 2; 2010 No. 12 s 245; 2010 No. 20 s 115; 2012 No. 39 s 76; 2013 No. 23 ss 286, 302, 352(1) sch 1 pt 2; 2014 No. 40 s 147; 2014 No. 64 s 193

1014A Special regulation-making power to support outer bank identification

(1)Regulations made under this Act may include a regulation supporting the identification of watercourses and the outer banks of watercourses.

(2)Without limiting subsection (1), a regulation may, by words and diagrams—

(a)indicate how chapter 1, part 2, including the definitions in schedule 4 supporting chapter 1, part 2, must be applied in varying environments and in watercourses, or sections of watercourses, of varying profiles; or

(b)give examples of the occurrence of depositional features and scour marks and of how they may locate outer banks; or

(c)give examples of the occurrence of floodplains and of how the edge of a floodplain may be identified; or

(d)explain how a bench, bar or in-stream island in a watercourse may typically be recognised; or

(e)explain how the bed or a bank of a watercourse may typically be recognised; or

(f)explain how an anabranch may be recognised.

(3)A regulation under this section is not invalid only because it supplements the provisions of this Act by providing greater certainty than would otherwise be the case under this Act in relation to the identification of watercourses and the outer banks of watercourses in particular circumstances or types of circumstances.

s 1014A ins 2010 No. 12 s 246

pt hdg ins 2008 No. 58 s 17

1015Particular documents to be tabled in the Legislative Assembly

(1)The Minister must table in the Legislative Assembly—

(a)a copy of each annual report of the Murray-Darling Basin Authority received by the Minister under the Water Act 2007 (Cwlth); and

(b)a copy of each amendment of the Agreement that takes effect under the terms of the Agreement;

within 15 sitting days after the report is received or the amendment takes effect.

(2)In this section—

Agreement means the Murray-Darling Basin Agreement set out in the Water Act 2007 (Cwlth), schedule 1.

s 1015 prev s 1015 ins 2007 No. 57 s 102

exp at the end of 17 November 2007 (see s 1015 (2))

AIA s 20A applies (see s 1015 (3))

pres s 1015 ins 2008 No. 58 s 17

1037Local government authorities

(1)If, immediately before 13 September 2000, there was in force an authority for a local government to take or interfere with water, the authority continues under this Act until whichever of the following first happens—

(a)the chief executive grants a water licence to replace the authority;

(b)the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(2)The chief executive may grant a water licence under subsection (1) (a) without the need for an application to be made under section 206.

(3)Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and an information notice about the granting of the licence.

(4)The licence has effect from the day the licence is given to the licensee.

s 1037 sub 2003 No. 25 s 136

amd 2005 No. 19 s 162

1037A Other continuing authorities

(1) Subsection (2) applies to a following entity if, immediately before the commencement of this section, the entity was taking or interfering with water to which this Act applies—

(a)a local government who lodged an application under the Local Government Act 1936 (repealed), section 32;

(b)Toowoomba City Council in relation to the Cooby Creek Dam.

(2)A local government mentioned in subsection (1) (a), or Toowoomba Regional Council in relation to the Cooby Creek Dam, is taken to hold an authority under this Act to take or interfere with water and the authority continues under this Act until whichever of the following first happens—

(a)the chief executive grants a water licence to replace the authority;

(b)the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(3) Subsection (4) applies to an entity to which a special agreement Act applies—

(a)to the extent the special agreement Act authorises the taking of, or interfering with, water; and

(b)if, immediately before the commencement of this section, the entity was taking or interfering with water to which this Act applies.

(4)An entity mentioned in subsection (3)—

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

(b)is taken to also hold an authority under this Act to take or interfere with water.

(5)An authority under this Act to take or interfere with water, held by the SEQ Water and in force on 12 April 2003, continues under this Act until whichever of the following first happens—

(a)the chief executive grants a water licence to replace the authority;

(b)the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(6)The chief executive may grant a water licence under subsection (2) (a) or (5) (a) without the need for an application to be made under section 206.

(7)In this section—

special agreement Act see Environmental Protection Act 1994 , section 584.

s 1037A ins 2005 No. 19 s 163

amd 2005 No. 56 s 14; 2007 No. 59 s 147

1046Declared subartesian areas

(1)A regulation may declare an area to be a subartesian area.

(2)A regulation made under subsection (1) may, for a subartesian area—

(a)regulate the taking of, or interfering with, subartesian water; and

(b)state the types of works for taking or interfering with subartesian water that are assessable or self-assessable development under the Sustainable Planning Act 2009 .

(3) Subsection (2) has effect for the area, or a part of the area, until a water resource plan is approved for subartesian water in the area, or part of the area.

(4) Subsections (4A) to (7) apply if, immediately before a regulation declares an area to be a subartesian area—

(a)a person is an owner of land in the area on which works for taking or interfering with subartesian water under section 20 (2) (c) are situated; and

(b)the works are capable of being used to take or interfere with subartesian water.

(4A)On a regulation declaring the area to be a subartesian area, the person may continue to use the works to take or interfere with water until the chief executive grants a water licence to the person.

(5)The chief executive may grant a water licence to the person without an application being made under section 206.

Note—

If, after a regulation declares an area to be a subartesian area, a person is using works in the area for taking or interfering with subartesian water under a water licence that expires or is surrendered or cancelled, the chief executive may not grant a water licence to the person, or reinstate or replace the expired licence, under this subsection.

(6)Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and an information notice about the granting of the licence.

(7)The licence has effect from the day the licence is given to the licensee.

s 1046 amd 2001 No. 75 s 103; 2003 No. 25 s 139; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 85 sch; 2008 No. 34 s 744; 2009 No. 36 s 872 sch 2; 2013 No. 23 s 352 sch 1 pt 2

1048Existing applications

(1) Subsection (2) applies to an application for or about a licence or permit, made under the repealed Act but not decided before the commencement of this section.

(2)On the commencement—

(a)an application under section 42 of the repealed Act for a licence to take or use water, is taken to be an application under section 206 for a licence to take or interfere with the flow of water; and

(b)publication of a notice under section 42 (6) of the repealed Act is taken to be publication of a notice under section 208; and

(c)an objection under section 42 (9) of the repealed Act is taken to be a properly made submission under section 211 (3); and

(d)an application under section 44 (2) of the repealed Act to amend, modify, vary, revoke or add a term to which a licence is subject—

(i)to the extent the application relates to the taking of water—is taken to be an application under section 219 to make a minor amendment to a licence; and

(ii)to the extent the application relates to works for the taking of water and conditions that relate to the works—

(A)if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and

(B)if the chief executive is not the assessment manager—lapses; and

(e)an application under section 45 of the repealed Act to amend a licence—

(i)to the extent the application relates to the taking of water—is taken to be an application under section 216 to amend a licence; and

(ii)to the extent the application relates to works for the taking of water and conditions that relate to the works—

(A)if the chief executive would be the assessment manager for the construction of the works—is taken to be an application in relation to a development permit to which chapter 8, part 2 applies; and

(B)if the chief executive is not the assessment manager—lapses; and

(f)a show cause notice given under section 50 of the repealed Act is taken to be—

(i)if the notice is about taking or interfering with the flow of water—a show cause notice under section 218 (3); and

(ii)if the notice is about modifying or removing works—a show cause notice under section 968 (2); and

(g)an application under section 46 of the repealed Act to renew a licence is taken to be an application under section 220; and

(h)an application under section 46 of the repealed Act to renew an expired licence, made within 4 months after the day the licence expired, is taken to be an application under section 221 to reinstate a licence, made within 30 business days after the licence expired; and

(i)for section 221, a licence that expires within 4 months before the day section 221 commences is taken to have expired on the day after section 221 commences; and

(j)an application under section 47 of the repealed Act to transfer a licence is taken to be an application under section 222; and

(k)an application under section 71 of the repealed Act to destroy vegetation, excavate or place fill in a watercourse, lake or spring is taken to be an application under section 266; and

(l)an application under section 58 of the repealed Act to take, get, remove or otherwise interfere with quarry material, lapses; and

(m)an application under section 42 of the repealed Act for a driller’s licence is taken to be an application under section 299; and

(n)an application under section 42 of the repealed Act to construct works—

(i)if the chief executive would be the assessment manager for construction of the works—is taken to be an application for a development permit to which chapter 8, part 2 applies; and

(ii)if the chief executive is not the assessment manager—lapses; and

(o)an application under section 57 of the repealed Act, to construct or use works to take water, lapses; and

(p)an application not mentioned in paragraphs (a) to (o) may be taken to be an application for or about a licence or permit under an equivalent provision of this Act.

(3)If part of an application mentioned in subsection (1) is about a referable dam, the part lapses.

(4)This section does not apply to an application for a licence made under the repealed Act but not decided before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste.

(5)In subsection (3)—

referable dam has the meaning given by the Water Resources Act 1989 , section 2, but does not include a dam containing, or a proposed dam that after its construction will contain, hazardous waste.

s 1048 sub 2001 No. 75 s 104

1048A Existing licences, permits and approvals

(1) Subsection (2) applies to—

(a)each licence or permit granted under the repealed Act and in force immediately before the commencement of this section; and

(b)the part of each licence or permit granted under the repealed Act and that is not an interim water allocation under section 1114 and in force immediately before the commencement.

(2)On the commencement—

(a)if a licence mentioned in subsection (1) (a) was a licence for works under part 4 of the repealed Act—the licence is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and

(b)if a part of a licence mentioned in subsection (1) (b) was a licence for works under part 4 of the repealed Act—the part is taken to be a development permit; and

(c)if a permit mentioned in subsection (1) was a permit granted under section 56 (1) (a) of the repealed Act—the permit is taken to be a water licence given under chapter 2, part 6, and its conditions that related to the works, are taken to be a development permit; and

(d)if a permit mentioned in subsection (1) was a permit granted under section 56 (1) (b) of the repealed Act—the permit is taken to be a water permit given under chapter 2, part 6; and

(e)if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a watercourse, lake or spring, the permit ceases to exist; and

(f)if a permit mentioned in subsection (1) was a permit granted under section 57 of the repealed Act to an owner of land abutting a weir, barrage or dam—

(i)the permit is taken to be—

(A)to the extent it relates to water managed under an interim resource operations licence—an interim water allocation; and

(B)to the extent it relates to the taking of other water—a water licence given under chapter 2, part 6; and

(ii)the permit’s conditions that related to works are taken to be a development permit; and

(g)if a permit mentioned in subsection (1) was a permit granted under section 58 of the repealed Act—the permit is taken to be an allocation notice given under chapter 2, part 9, and its conditions that related to removal of quarry material, are taken to be a development permit; and

(h)if a permit mentioned in subsection (1) was a permit granted under section 71 of the repealed Act—the permit is taken to be a permit given under chapter 2, part 8; and

(i)if a licence mentioned in subsection (1) was a driller’s licence—the licence is taken to be a water bore driller’s licence given under chapter 2, part 10.

(3)A licence or permit mentioned in subsection (2) and taken to be a licence, permit or allocation notice under this Act is a licence, permit or allocation notice—

(a)for a permit mentioned in subsection (2) (f) (i) (B)—for 2 years from commencement; and

(b)otherwise—for the period the licence or permit would have been in force if the repealed Act had not been repealed.

(4)A person granted an interim water allocation under subsection (2) (f) must, within 60 business days after the day the allocation is granted, enter into a supply contract for the allocation with the interim resource operations licence holder.

(5)If a person fails to comply with subsection (4), section 122A applies as if the interim water allocation were a water allocation.

(6)The chief executive may amend an interim resource operations licence without complying with the provisions of chapter 2, part 5, division 2 about amending the licence if the amendment is merely to allow for an interim water allocation mentioned in subsection (2) (f).

(7)Within 30 business days after the day the chief executive amends the licence, the chief executive must give the licence holder—

(a)an amended licence in the approved form; and

(b)an information notice.

(8)The amended licence takes effect from the day the chief executive gives the licence holder the information notice.

(9) Subsection (10) applies to an agreement—

(a)approved by regulation under section 101 of the repealed Act; and

(b)in force immediately before the commencement.

(10)The agreement is taken to be a water licence given under chapter 2, part 6, and its conditions that relate to works are taken to be a development permit.

(11)This section does not apply to a licence under the repealed Act in force immediately before the commencement, relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste.

(12)For 1 year after the commencement, sections 311 and 816 do not apply to a person carrying out drilling activities for a subartesian bore in an area that was not a declared subartesian area under the repealed Act immediately before the commencement.

(13)Despite the Sustainable Planning Act 2009 , section 341, a development permit mentioned in subsection (2) lapses—

(a)if part of the existing licence or permit, or conditions of the existing licence or permit, required works to be installed by a stated date and the works have not been installed by the date—on the stated date; and

(b)otherwise, if the works to which the existing licence or permit relates have not been installed by the end of the period the existing licence or permit would have been in force if the repealed Act had not been repealed—at the end of the period.

(14)In subsection (13)—

existing licence or permit means a licence or permit in force immediately before the commencement of this section.

s 1048A ins 2001 No. 75 s 104

amd 2003 No. 25 s 140; 2009 No. 36 s 872 sch 2

1048B Existing trade waste approvals

(1) Subsection (2) applies to a trade waste approval—

(a)given under the Standard Sewerage Law , section 24; and

(b)in force immediately before the commencement of this section.

(2)On the commencement, the approval is taken to be a trade waste approval granted under section 469.

s 1048B ins 2001 No. 75 s 104

1057Reinstating particular expired licences

(1)This section applies to a licence under the repealed Act—

(a)in force immediately before 13 November 2001; and

(b)not in force immediately before the commencement of this section.

(2)The chief executive may reinstate the licence by granting a water licence under this Act without an application being made under section 221.

(3)A water licence granted under this section is taken to have been in force from the day it expired.

s 1057 ins 2005 No. 19 s 164

1058Reinstating particular expired licences in former water areas

(1)This section applies to a licence in a former water area if—

(a)the former water area was continued in existence under section 1083 (2); and

(b)under the licence the registered owner of land was supplied with water; and

(c)the licence has expired; and

(d)the registered owner has continued to be supplied with water as if the licence had not expired.

(2)The chief executive may reinstate the licence by granting a water licence under this Act without an application being made under section 221—

(a)if the former water area’s former water board was continued in existence as a water authority under section 1083 (3)—to the water authority; or

(b)otherwise—to the chief executive.

(3)A water licence granted under subsection (2) is taken to have been in force from the day the licence it replaced expired.

s 1058 ins 2005 No. 19 s 164

1065Application of sdiv 1

(1)This subdivision applies to a dam that immediately before the commencement of this section contained hazardous waste.

(2)To remove any doubt it is declared that on and from the commencement, the Environmental Protection Act 1994 applies to the dam.

(3)If a licence was granted under section 43 of the repealed Act for the dam, on and from the commencement—

(a)to the extent the licence relates to interfering with water in a watercourse, the licence is taken to be a water licence under chapter 2, part 6; and

(b)to the extent the licence relates to works, the licence is taken to be a development permit; and

(c)the conditions about the safety of the dam that applied to the licence are taken to be conditions of the environmental authority issued under the Environmental Protection Act 1994 or a development approval, if any, for the dam.

s 1065 amd 2001 No. 75 s 107; 2002 No. 45 s 31 (retro)

1065AA Additional ground for amending safety condition of environmental authority

(1)This section applies for a condition that, under section 1065 (3) (c), is taken to be a condition of an environmental authority.

(2)If the administering authority under the Environmental Protection Act 1994 forms the opinion that the condition is not, or has ceased to be, appropriate for that Act, the opinion is a ground for amending the condition under section 215 of that Act.

(3) Subsection (2) applies as well as any other ground provided for under the sections and any additional ground for amendment provided for under section 605 of that Act.

s 1065AA ins 2002 No. 45 s 32 (retro)

amd 2008 No. 52 s 98 sch 2; 2012 No. 16 s 78 sch

1065A Transitional provision for dams containing hazardous waste

(2) Subsection (3) applies to an application—

(a)relating to a dam containing, or a proposed dam that after its construction will contain, hazardous waste; and

(b)made under the repealed Act but not decided before the commencement of section 1065.

(3)On the commencement of section 1065—

(a)any part of the application that is for or about a licence or permit to take or interfere with the flow of water is taken to be an application to which section 1048 (2) applied; and

(b)the rest of the application is taken to be an application for an appropriate environmental authority under the Environmental Protection Act 1994 to carry out environmentally relevant activities in relation to the dam, or proposed dam.

(4)The Environmental Protection Act 1994 applies to the application mentioned in subsection (3) (b)—

(a)with necessary changes; and

(b)as if the application date for the application is the day section 1065 commences.

(5) Subsection (1) expires immediately after section 1065 commences.

s 1065A ins 2001 No. 75 s 108

amd 2002 No. 45 s 33

(1) exp 14 September 2002 (see s 1065A (5))

1065AB Application of sdiv 2

This subdivision applies to a dam, other than a dam to which subdivision 1 applies.

s 1065AB ins 2002 No. 45 s 34 (retro)

1066Application of ch 3, pt 6, div 1 to other dams

Chapter 3, part 6, division 1, other than sections 483 (1) and 486, also applies to each failure impact assessment required under this subdivision.

1067Failure impact assessing existing unlicensed dams

(1) Subsection (2) applies to the owner of a dam in existence at the commencement of this section and for which a licence was not granted under section 43 of the repealed Act.

(2)The owner must have the dam failure impact assessed within 1 year after the commencement, if the dam is—

(a)more than 8m in height and has a storage capacity of more than 500ML; or

(b)more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level.

Maximum penalty—1665 penalty units.

(3)A failure impact assessment completed under subsection (2) is taken to be a failure impact assessment completed under section 483 (2).

(4) Subsection (2) does not apply to the owner of a dam prescribed under a regulation.

(5)A dam mentioned in the regulation—

(a)is a referable dam; and

(b)has the failure impact rating shown for the dam in the regulation.

(6)The failure impact rating shown for the dam in the regulation is taken to be a failure impact assessment completed under section 483 (2).

(7)For section 483 (8), the day the dam was prescribed is taken to be the day the last failure impact assessment was accepted by the chief executive.

(8)If a failure impact assessment is completed and accepted by the chief executive for a dam for which a failure impact rating has been prescribed, the rating given under the assessment replaces the rating prescribed for the dam.

s 1067 amd 2001 No. 75 s 109

1068Failure impact assessing prescribed licensed dams

(1) Subsection (2) applies to a dam if—

(a)a licence was granted under section 43 of the repealed Act for the dam; and

(b)the dam is a dam prescribed under a regulation for this section.

(2)On the commencement of this section—

(a)the dam is a referable dam; and

(b)the dam has the failure impact rating shown for the dam in the regulation; and

(c)the licence, including its conditions that related to the safety of the dam, is taken to be a development permit.

(3)The failure impact rating shown for the dam in the regulation is taken to be a failure impact assessment completed under section 483 (2).

(4)For section 483 (8), the day the dam was prescribed is taken to be the day the last failure impact assessment was accepted by the chief executive.

(5)If a failure impact assessment is completed and accepted by the chief executive for a dam for which a failure impact rating has been prescribed, the rating given under the assessment replaces the rating prescribed for the dam.

s 1068 amd 2001 No. 75 s 110

1069Failure impact assessing licensed dams not prescribed

(1) Subsection (2) applies to a dam if—

(a)a licence was granted under section 43 of the repealed Act for the dam; and

(b)the dam is not a dam prescribed under a regulation for section 1068; and

(c)the dam is—

(i)more than 8m in height and has a storage capacity of more than 500ML; or

(ii)more than 8m in height and has a storage capacity of more than 250ML and a catchment area that is more than 3 times its maximum surface area at full supply level.

(2)On the commencement of this section—

(a)the dam is a referable dam; and

(b)the licence, including its conditions that related to the safety of the dam, is taken to be a development permit.

(3)The owner of each dam mentioned in subsection (2) must ensure a failure impact assessment for the dam is completed in accordance with chapter 3, part 6 and given to the chief executive within 5 years after the commencement.

Maximum penalty—1665 penalty units.

(4)A failure impact assessment completed under subsection (3) is taken to be a failure impact assessment completed under section 483 (2).

(5) Subsection (3) does not apply if the chief executive gives the owner of the dam a notice under section 483 (2) before the dam is failure impact assessed under subsection (3).

(6)If the dam is assessed as not having a category 1 or category 2 failure impact rating under subsection (3) or for an assessment mentioned in subsection (5)—

(a)the dam is no longer a referable dam; and

(b)the development permit is no longer subject to the conditions about the safety of the dam.

s 1069 amd 2001 No. 75 s 111

1070Failure impact assessing small licensed dams

(1) Subsection (2) applies to a dam if a licence was granted under section 43 of the repealed Act for the dam and the dam is not—

(a)more than 8m in height and does not have a storage capacity of more than 500ML; or

(b)more than 8m in height and does not have a storage capacity of more than 250ML and a catchment area that is not more than 3 times its maximum surface area at full supply level.

(2)On the commencement of this section, the conditions about the safety of the dam, that applied to the licence, no longer apply.

1071Existing flood mitigation manuals

A flood mitigation manual is taken to be flood mitigation manual approved by the chief executive under chapter 3, part 6, for the period expiring 5 years after the commencement of this section, if the manual was, immediately before the commencement in force as a manual—

(a)approved under section 215F of the repealed Act; or

(b)taken to be a flood mitigation manual under section 215Y of the repealed Act.

1083Continuing former water areas and former water boards—general

(1)This section does not apply to the Gladstone Area Water Board and its operational area established under the repealed GAWB Act.

(2)A former water area in existence immediately before the commencement of this section continues in existence, subject to this Act, and is taken to be an authority area established under this Act with the same name as the former water area.

(3)A former water board in existence immediately before the commencement continues in existence, subject to this Act, and is taken to be a water authority established under this Act—

(a)with the same name as the former water board; and

(b)carry out water activities.

(4)The former water board is taken to be—

(a)for the Mount Isa Water Board—a category 1 water authority; or

(b)for another former water board to which this section applies—a category 2 water authority.

(5)If the former water board was constituted under the repealed Act for a former water area in existence immediately before the commencement, the former water area is taken to be the water authority’s authority area.

1083A Former water areas without water boards

(1)This section applies to a former water area—

(a)mentioned in section 1083 (2); and

(b)for which no water board was in existence immediately before the commencement of section 1083.

(2)The chief executive’s appointment under the repealed Act to perform the functions and exercise the powers of a water board for the former water area continues as an appointment under this Act to perform the functions and exercise the powers of a water authority for the area.

(3)A regulation must identify each former water area continued in existence and taken to be an authority area under section 1083 (2).

s 1083A ins 2003 No. 25 s 142

1084Continuing Gladstone Area Water Board

(1)The Gladstone Area Water Board established under the repealed GAWB Act continues in existence, subject to this Act, and is taken to be a water authority established under this Act—

(a)with the same name; and

(b)to carry out water activities generally in the State.

(2)The Gladstone Area Water Board is taken to be a category 1 water authority.

1087Existing employees of former water boards

(1)This section applies to a person who, immediately before the commencement of this section, was an employee of a former water board that continues in existence as a water authority under section 1083 (3) or 1084.

(2)On the commencement, the person becomes an employee of the water authority.

(3)The person—

(a)must be employed on the person’s existing or equivalent terms and conditions of employment; and

(b)remains entitled to all existing and accruing rights of employment.

(4) Subsections (5) to (8) apply if, immediately before the commencement, the person was a contributor to a superannuation fund, superannuation scheme or provident fund (the former superannuation scheme) as an employee of the former water board.

(5)The person continues to be a contributor to the former superannuation scheme as if the person’s service with the authority were continuous service with the former water board.

(6)If the authority establishes, maintains or takes part in a superannuation scheme (the authority’s scheme) to provide superannuation benefits for its employees, the person, under arrangements prescribed under a regulation, may, but is not required to—

(a)stop being a contributor to the former superannuation scheme; and

(b)become a member of the authority’s scheme.

(7)If the Gladstone Area Water Board, as established under the repealed GAWB Act, was required, in relation to the person, to contribute to the former superannuation scheme under the repealed GAWB Act, section 114—

(a)the requirement continues under this Act as a requirement of the Gladstone Area Water Board established as a water authority under this Act; and

(b)an amount payable by the authority to the superannuation scheme is a debt due by the authority to the trustees or managers of the scheme.

1088Authorised works in former water areas

(1) Subsection (2) applies to works a former water board or the chief executive was authorised to construct under the repealed Act in a former water area.

(2)On the commencement of this section—

(a)if immediately after the commencement there is a water authority for the area—the water authority is taken to hold a development permit for the works; or

(b)if immediately after the commencement there is no water authority for the area—the chief executive is taken to hold a development permit for the works.

1089Existing authorities to take, or interfere with, water

(1)This section applies if a former water board, customer of a former water board or the chief executive was authorised under the repealed Acts or another Act to take or interfere with water.

(2)If the authority was given under 1 of the repealed Acts, it continues under that Act as if that Act had not been repealed until whichever of the following first happens—

(a)the chief executive grants a water licence to replace the authority;

(b)the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(3)If the authority was given under another Act, it continues under that Act until whichever of the following first happens—

(a)the chief executive grants a water licence to replace the authority;

(b)the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.

(3A)An authority continued under subsection (2) or (3) is taken to also be an authority under this Act to take or interfere with water.

(4)The chief executive may grant a water licence under subsection (2) (a) or (3) (a) without the need for an application to be made under section 206.

(5)Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and an information notice about the granting of the licence.

(6)The licence has effect from the day the licence is given to the licensee.

s 1089 amd 2001 No. 75 s 112; 2003 No. 25 s 143; 2005 No. 19 s 165

1089A Conversion of existing authorities to take water

(1)This section applies if a former water board was authorised to deliver water to the holder of an authorisation in accordance with the instrument mentioned, for the board’s area, in the Water Resources (Areas and Boards) Regulation 2000 (repealed), schedule 5.

(2)Each authorisation that relates to a board mentioned in subsection (9), definition former water board, paragraph (a), (b) or (d) is taken to be an interim water allocation, with the volume mentioned for the authorisation as a property allocation or an annual water entitlement in the instrument.

(3)An interim water allocation mentioned in subsection (2) attaches to the land described, for the authorisation to which it relates, in the instrument.

(4)The interim water allocation is taken to be held by—

(a)the person identified, for the authorisation, in the instrument; or

(b)if the person identified, for the authorisation, in the instrument has ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the registered owner or owners of the land; or

(c)if no person is identified for the authorisation, in the instrument—the registered owner or owners of the land to which the interim water allocation attaches.

(5)Each authorisation that relates to a board mentioned in subsection (9), definition former water board, paragraph (c), is taken to be an interim water allocation with the volume mentioned, for the authorisation, as a nominal volume in attachment 3(a) of the Pioneer Draft Resource Operations Plan made available under section 100 on 2 August 2004.

(6)An interim water allocation mentioned in subsection (5) attaches to all or part of the land described in the instrument mentioned for the former water board’s area in the Water Resources (Areas and Boards) Regulation 2000 (repealed) with the farm ID identified for the authorisation in the instrument and in attachment 3(a).

(7)The interim water allocation is taken to be held by—

(a)if the person identified, for the authorisation, in attachment 3(a) has not ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the person identified, for the authorisation, in attachment 3(a); or

(b)if the person identified, for the authorisation, in attachment 3(a) has ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the registered owner or owners of the land.

(8)The provisions of the instruments mentioned in subsection (1) that deal with the delivery of water by a former water board continue to have effect.

(9)In this section—

authorisation means an authorisation to take water continued under section 1089 (2).

former water board means each of the following former water boards continued in existence under section 1083 (3)—

(a)Avondale Water Supply Board;

(b)Kelsey Creek Water Board;

(c)Pioneer Valley Water Board;

(d)Six Mile Creek Water Supply Board.

s 1089A ins 2005 No. 19 s 166

1090Existing contracts to supply water under repealed GAWB Act

(1)This section applies to a contract—

(a)entered into, under the repealed GAWB Act, between the Gladstone Area Water Board established under that Act and an entity for the supply of water by the board to the entity; and

(b)in force immediately before the commencement of this section.

(2)On the commencement, the contract is taken to have been made under this Act between the Gladstone Area Water Board established under this Act and the entity for the remainder of the contract’s term.

(3)Despite the repeal of the repealed GAWB Act, sections 53, 54, 117 and 118 of that Act continue to apply to the parties’ rights and obligations under the contract for the remainder of the contract’s term.

1091References to former water areas and former water boards

In an Act or document, if the context permits—

(a)a reference to a former water area may be taken to be a reference to the authority area with the same name established under section 1083 (2); and

(b)a reference to a former water board may be taken to be a reference to the water authority with the same name established under section 1083 (3).

1108Delegated powers taken to have been validly exercised

(1) Subsection (2) applies if—

(a)on 30 June 2000 a person had a delegation to exercise a power under the Water Resources Act 1989 ; and

(b)the person purported to exercise the power after 30 June 2000 but before 18 August 2000.

(2)The person is taken to have validly exercised the power.

1109Definitions for div 2

In this division—

authority means—

(a)a licence under part 4 or 9 of the repealed Act; or

(b)an order in council under which water is supplied; or

(c)an agreement for the supply of water made under section 15 of the repealed Act; or

(d)another agreement for the supply of water under the repealed Act.

customer means a person supplied water by the corporatised entity under an authority.

1110Application of div 2

This division applies—

(a)if the commercialised business unit previously within the department and known as State Water Projects (the corporatised entity) was corporatised under the Government Owned Corporations Act 1993 before the commencement of this division—on the commencement; or

(b)if the commercialised business unit within the department known as State Water Projects (the corporatised entity) is corporatised under the Government Owned Corporations Act 1993 on or after the commencement—the day the corporatised entity is corporatised.

1111Granting interim resource operations licence to corporatised entity

(1)Within 30 business days after this division commences, the chief executive must grant and give to the corporatised entity an interim resource operations licence for Julius Dam and for each irrigation or project area under the Water Resources (Rates and Charges) Regulation 1992 the corporatised entity operated both immediately before and immediately after the entity was corporatised.

(2)Each licence must state, for the licence—

(a)all the elements mentioned in section 177; and

(b)the interim water allocations to be granted to the corporatised entity under section 1112 for water losses, unallocated water and water for the supply of customers who are not to be granted or taken to hold an interim water allocation under section 1113 or 1114; and

(c)details of existing customers of the corporatised entity who are to be granted interim water allocations other than those customers who hold interim water allocations taken to be granted under section 1114; and

(d)details of existing customers of the corporatised entity who are not to be granted or taken to hold interim water allocations; and

(e)details of other existing water supply responsibilities.

(3)Within 30 business days after the granting of the interim resource operations licence, the chief executive must give the customers mentioned in subsection (2) (c) and (d) an information notice about the granting of the licence.

(4)Sections 178 to 186 apply to each licence as if the licence were a licence granted under chapter 2, part 5.

(5)Each licence takes effect from the day the holder of the licence is given the licence.

(6)Although a customer mentioned in subsection (2) (d) does not get an interim water allocation, the customer is entitled to the continued supply of water under the authority.

1113Granting interim water allocations to customers under interim resource operations licences

(1)On the day the chief executive grants the corporatised entity interim resource operations licences under section 1111, the chief executive must grant each customer of the corporatised entity, mentioned in section 1111 (2) (c), an interim water allocation in accordance with the interim resource operations licence for the allocation.

(2)Before the chief executive grants an interim water allocation under subsection (1), the chief executive must consider, for the granting of the interim water allocation, the following matters in relation to the customers existing authority—

(a)whether the authority stated that the customer was granted nominal allocation of the water;

(b)whether the authority was in existence when the relevant irrigation area or project was established;

(c)whether the supply of water under the authority had an end date;

(d)whether the customer has, over the term of the authority, paid the full commercial value for the supply of water under the authority;

(e)whether the customer has paid the full commercial value for all or part of the supply of the water under the authority and it is reasonable that a proportion of the authority should be granted to the customer as an interim water allocation.

(3)On the day the grant is made under subsection (1), the chief executive must give the allocation to the grantee.

(4)Each interim water allocation attaches to the land of the grantee unless the grantee is—

(a)a local government; or

(b)a water authority; or

(c)an entity prescribed under a regulation.

(5)Each interim water allocation takes effect from the day the grantee is given the allocation.

(6) Subsection (7) applies if—

(a)a person, immediately before the commencement of this division, was supplied water under an authority; and

(b)the person owed an amount of money to the State under a financial arrangement under the authority for nominal allocation of the water; and

(c)the person is granted an interim water allocation under this section for the water.

(7)On the commencement—

(a)the amount owed by the person, immediately before the commencement, is a debt due by the person to the corporatised entity; and

(b)repayment of the amount to the corporatised entity is a condition of the interim water allocation.

1114Authorities under pt 4 or 9 of the repealed Act

(1) Subsection (2) applies if—

(a)an authority under part 4 or part 9 of the repealed Act was in force immediately before the day the chief executive grants the corporatised entity interim resource operations licences under section 1111; and

(b)the authority was to take water in an irrigation area or project under the repealed Act; and

(c)the authority provided for the nominal allocation of water under the repealed Act; and

(d)the water is managed by the corporatised entity using the entity’s water infrastructure.

(2)On and from the day the chief executive grants the corporatised entity interim resource operations licences under section 1111, the authority, to the extent it relates to the volume of water nominally allocated under the authority, is an interim water allocation.

(3)Each interim water allocation attaches to the land to which the authority attached unless the holder of the authority is—

(a)a local government; or

(b)a water authority; or

(c)an entity prescribed under a regulation.

(4) Subsection (5) applies if a customer granted an interim water allocation under subsection (2) owed an amount of money to the State under a financial arrangement under the authority.

(5)On the commencement—

(a)the amount owed by the customer, immediately before the commencement, is a debt due by the customer to the corporatised entity; and

(b)repayment of the amount to the corporatised entity is a condition of the interim water allocation.

1116Minister must approve standard supply contracts

(1)On the day the chief executive grants the corporatised entity interim resource operations licences under section 1111, the Minister must approve standard supply contracts for the storage and delivery by the corporatised entity of water under interim water allocations, other than an interim water allocation to which an agreement mentioned in section 1117 relates.

(2)The supply contracts may be different for different areas of the State or different services provided by the entity.

(3)The Minister must gazette the approval of each standard supply contract.

(4) Subsection (5) applies if a contract approved under subsection (1) applies to water to which section 1114 (2) applies.

(5)To the extent that the terms of supplying the water under an interim water allocation are inconsistent with the terms of supplying water under the standard supply contract approved by the Minister, the terms of the standard supply contract approved by the Minister prevail.

(6) Subsection (5) applies until the corporatised entity and the customer enter into a different supply contract for supplying the water.

(7)Within 1 year after the day the Minister approves a standard supply contract for an area or service, the corporatised entity and a customer council constituted under the statement of corporate intent for the corporatised entity must review the contract.

(8)A reference in subsection (1) to an agreement mentioned in section 1117 is taken to include and to have always included a reference to an order in council mentioned in section 1117.

s 1116 amd 2005 No. 19 s 167

1117Supply under written agreements or orders in council

(1) Subsection (2) applies—

(a)to written agreements for the supply of water that is managed under an interim resource operations licence; and

(b)if the agreement was effective, immediately before the day the chief executive grants the corporatised entity interim resource operations licences under section 1111.

(2)The provisions of the agreement, other than the provisions that deal with the allocation of water, continue to have effect after the interim resource operations licences are granted.

(3)Also, if the agreement is an agreement that was made under section 15 of the repealed Act, the conditions in section 15 that deal with the storage and delivery of water by the corporatised entity continue to have effect, for the agreement, after the interim resource operations licences are granted.

(4) Subsection (5) applies if an order in council or other order for the supply of water that is managed under an interim resource operations licence was in force, immediately before the day the chief executive grants the corporatised entity interim resource operations licences under section 1111.

(5)The provisions of the order in council or other order, other than the provisions that deal with the allocation of water, continue to have effect after the interim resource operations licences are granted.

(6)This section does not apply to an interim water allocation mentioned in section 1114 (2).

div hdg ins 2005 No. 19 s 169

1129References in Acts and documents

A reference in an Act or document to—

(a)the Gladstone Area Water Board Act 1984 may, if the context permits, be taken to be a reference to chapter 4 of this Act; and

(b)the Water Resources Act 1989 , the Water Act 1926 or the Rights in Water and Water Conservation and Utilization Act 1910 may, if the context permits, be taken to be a reference to this Act; and

(c)a water entitlement of a particular type under the repealed Act may, if the context permits, be taken to be a reference to a similar entitlement under this Act; and

(d)a water entitlement holder under the repealed Act may, if the context permits, be taken to be a reference to the holder of a similar entitlement under this Act; and

(e)the repealed Act, or the Land Act 1897 , the Land Act 1902 or the Land Act 1910 , may, if the context permits, be taken to be a reference to this Act; and

(f)a section of the repealed Act, or the Land Act 1897 , the Land Act 1902 or the Land Act 1910 , may, if the context permits, be taken to be a reference to the corresponding section in this Act.

1133References to water in a watercourse or lake

A reference in this Act to water in a watercourse or lake is taken to have always included a reference to water collected in a dam across the watercourse or lake.

s 1133 sub 2003 No. 25 s 146

div hdg ins 2005 No. 19 s 172

1136B Notices given under s 101 (1) (b) and (1) (c)

(1)This section applies to a notice given under section 101 (1) (b) for—

(a)the Pioneer Valley Resource Operations Plan 2005 ; or

(b)the Barron Resource Operations Plan 2005 ; or

(c)a draft resource operations plan that did not become effective under section 103 before the commencement of the Water and Other Legislation Amendment Act 2005 , section 16.

(2)The notice is taken to be a notice given under section 101 (1) (b) as in force after the commencement.

(3)Despite subsection (2), an existing interest holder may, within 60 business days after details of the water allocation to which the notice relates are recorded on the water allocations register, give a notice under section 101 (1) (c) as in force after the commencement and, on the giving of the notice—

(a) subsection (2) ceases to apply; and

(b) section 150B (1) as in force after the commencement applies.

s 1136B ins 2005 No. 19 s 172

amd 2005 No. 56 s 15 (retro)

1136C Effect of disposal of part of land to which interim water allocation attaches

(1)This section applies if, before the commencement of this section—

(a)an interim water allocation was attached to land; and

(b)the registered owner of the land disposed of part of the land; and

(c)no application was made under section 198 (3) as in force before the commencement.

(2)The interim water allocation is taken—

(a)not to have been surrendered; and

(b)to be held jointly by all owners of the land to which the interim water allocation related before the disposal.

(3)However, within 60 business days after the commencement of this section, 1 or more of the owners of the land to which the interim water allocation relates may, with the consent of the other owners, apply for 1 or more interim water allocations to replace the jointly held interim water allocation.

(4) Section 198 (4) to (11) as in force after the commencement applies to the application to replace the interim water allocation.

s 1136C ins 2005 No. 19 s 172

1136D Effect of acquisition of part of land to which interim water allocation attaches

(1)This section applies if, before the commencement of this section—

(a)an interim water allocation was attached to land; and

(b)part of the land was taken under the Acquisition of Land Act 1967 ; and

(c)the remaining part of the land no longer adjoined the watercourse, lake or spring from which water could be taken under the allocation; and

(d)no application was made under section 198 (3) as in force immediately before the commencement.

(2)The interim water allocation is taken to have been surrendered and the chief executive must deal with the allocation under section 197 (3).

(3)However subsection (2) does not apply if, within 60 business days after the commencement, the holder of the allocation satisfies the chief executive that the requirements of section 206 (3) (b) have been met in relation to the allocation.

s 1136D ins 2005 No. 19 s 172

div hdg ins 2005 No. 56 s 16

1137Declaration for s 999

(1)It is declared that—

(a)a relevant notice has effect, and is taken from gazettal to have always had effect, as provided by its terms, as a law binding on all persons; and

(b)the pricing arrangements for the supply of water set out in a relevant notice are, and are taken from gazettal to have always been, the pricing arrangements applicable to the corporatised entity; and

(c)for water supplied by the corporatised entity—

(i)the corporatised entity is required, and is taken from gazettal to have always been required, to charge the prices determined under the relevant notice; and

(ii)amounts charged by the corporatised entity under a relevant notice, before the commencement of this section, were, and are taken to have always been, lawfully charged; and

(iii)amounts charged by the corporatised entity under a relevant notice, after the commencement of this section, are lawfully charged.

(2)A relevant notice may be amended or repealed by regulation.

(3)In this section—

gazettal means the gazettal of the relevant notice.

pricing arrangements include the provision for the adjustment of the arrangements provided for in the relevant notice.

relevant notice means—

(a)Rural Water Pricing Direction Notice (No. 01) 2000, gazetted on 6 October 2000 at pages 429 to 432; or

(b)Rural Water Pricing Direction Notice (No. 01) 2002, gazetted on 28 June 2002 at page 803; or

(c)Rural Water Pricing Direction Notice (No. 02) 2002, gazetted on 27 September 2002 at page 268; or

(d)Amendment of Rural Water Pricing Direction Notices (No. 01) 2005, gazetted on 1 July 2005 at page 678.

s 1137 sub 2005 No. 56 s 16

1139Waiver of water meter charges

The Minister may waive, completely or partly, payment of a water meter charge if the waiver is part of the implementation of new water charges.

s 1139 ins 2005 No. 56 s 16

div hdg ins 2006 No. 23 s 21

1140Definitions for div 6

In this division—

amending Act means the Water Amendment Act 2006 .

commencement means the date of assent of the amending Act.

s 1140 ins 2006 No. 23 s 21

1142Provision for particular existing licences

The amendments to sections 110 and 178 made under the amending Act apply for a licence mentioned in the sections whether the licence was granted before or after the commencement.

s 1142 ins 2006 No. 23 s 21

div hdg ins 2007 No. 57 s 103

1151Applications for change to water allocation

(1)This section applies to an application for a change to a water allocation made under section 129 or 130 but not decided before the commencement of this section.

(2) Section 1014 (2) (gc) and any regulation made under that paragraph applies to the application.

s 1151 ins 2007 No. 57 s 103

1153Application of provision about guidelines for rate notice or account for water supply

(1) Section 429R does not apply to an existing provider until—

(a)for an existing provider in the SEQ region or a designated region—1 July 2009; or

(b)for an existing provider in an area outside the SEQ region or a designated region—4 years after the commencement of this section.

(2) Section 429R does not apply to a person, first registered as a water service provider after the commencement of this section, until 1 year after the provider’s registration.

(3) Section 429R does not apply to a related local government until 4 years after the commencement of this section.

(4)In this section—

existing provider means a person registered as a water service provider immediately before the commencement of this section.

s 1153 ins 2007 No. 57 s 103

1154Application of provision about water advices

(1) Section 429S does not apply to an existing provider until—

(a)for an existing provider in the local government area of the Brisbane City Council or the Gold Coast City Council—1 January 2008; or

(b)for an existing provider in the SEQ region or a designated region, other than an area mentioned in paragraph (a)—1 July 2009; or

(c)for an existing provider in an area outside the SEQ region or a designated region—4 years after the commencement of this section.

(2) Section 429S does not apply to a person, first registered as a water service provider after the commencement of this section, until 1 year after the provider’s registration.

(3)In this section—

existing provider means a person registered as a water service provider immediately before the commencement of this section.

s 1154 ins 2007 No. 57 s 103

div hdg ins 2008 No. 34 s 745

1165References to particular entities in relevant water resource plans

(1)This section applies if—

(a)an entity (a water entity) has an authority that allows taking or interfering with water; and

(b)under the South East Queensland Water (Restructuring) Act 2007 , section 76, the authority is transferred to the bulk water supply authority; and

(c)under a transfer notice, the authority is replaced with 2 or more authorities to take or interfere with water that are transferred to other entities.

(2)If a provision of a relevant water resource plan refers to the water entity, in relation to having an authority to take or interfere with water, the provision must be read with the changes necessary to give practical effect to the transfer notice.

(3)In this section—

relevant water resource plan means each of the following—

(a) Water Resource (Gold Coast) Plan 2006 ;

(b) Water Resource (Logan Basin) Plan 2007 ;

(c) Water Resource (Mary Basin) Plan 2006 ;

(d) Water Resource (Moreton) Plan 2007 .

transfer notice means a transfer notice under section 360ZDN (1).

s 1165 ins 2008 No. 34 s 745

div 12 (ss 1168–1169) ins 2008 No. 58 s 18

1168Existing draft resource operation plans

Chapter 2, part 4, division 2, as amended under the Water (Commonwealth Powers) Act 2008 , applies for a draft resource operations plan prepared under that division before this section commences.

div 12 (ss 1168–1169) ins 2008 No. 58 s 18

1169Enactment of amendment of water resource plans does not affect nature of plan

It is declared that the amendment of a water resource plan (the plan) under the Water (Commonwealth Powers) Act 2008 does not affect the power of—

(a)the Minister to prepare, or the Governor in Council to approve, a further amendment of the plan; or

(b)the Minister to prepare, and the Governor in Council to approve, another water resource plan to replace the plan; or

(c)the Governor in Council to repeal the plan.

div 12 (ss 1168–1169) ins 2008 No. 58 s 18

div 13 (s 1170) ins 2009 No. 36 s 872 sch 2

1170Continuing application of ch 8, pt 2

(1)This section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.

(2)Chapter 8, part 2 of this Act as in force before the commencement continues to apply to the development application as if the Sustainable Planning Act 2009 had not commenced.

(3)In this section—

commencement means the day this section commences.

div 13 (s 1170) ins 2009 No. 36 s 872 sch 2

div 14 (ss 1171–1172) ins 2010 No. 12 s 247

1171Continuing application of s 21

(1)The repealed section 21 continues to apply for all matters arising before the commencement of this section as if the Water Act 2000 had not been amended by the Natural Resources and Other Legislation Amendment Act 2010 .

(2)In this section—

repealed section 21 means section 21 as in force before the commencement of this section.

div 14 (ss 1171–1172) ins 2010 No. 12 s 247

1172Transition for jurisdictional change for existing licence or permit

(1)This section applies if—

(a)immediately before the commencement of this section, a person was authorised under a licence or permit under this Act to conduct an activity of any type within a watercourse; and

(b)before the commencement of this section, the person lawfully conducted, on land adjoining the land to which the licence or permit applied, an activity of the same nature; and

(c)on the commencement of this section, the adjoining land became land included in a watercourse; and

(d)the licence or permit is still in force after the commencement of this section.

(2)The licence or permit, while still in force, is taken to be extended to authorise the conduct of the activity on the adjoining land—

(a)for the period of 6 months immediately following the commencement of this section; or

(b)if within the 6 months period the person makes an application under subsection (3) and the application has not been approved or refused at the end of the 6 months period—until the chief executive approves or refuses the application.

(3)The person may apply to the chief executive for the extension of the application of the licence or permit to the adjoining land.

(4)An application under subsection (3) must be made within 6 months after the commencement of this section.

(5)In deciding the application, the chief executive must have regard to the same matters required to be taken into consideration for the grant of the licence or permit.

(6)If the chief executive approves the application, the licence or permit, while still in force, is taken, subject to any reasonable conditions stated in the approval, to be extended to authorise the conduct of the activity on the adjoining land, starting when the extension provided for in subsection (2) ends.

(7)If, having regard to the matters mentioned in subsection (5), the chief executive can not approve an application under subsection (3), the chief executive may nevertheless give an authority that applies as for an approval under subsection (6), but only for the period stated in the authority.

(8)The chief executive may give an applicant an authority under subsection (7) only if the applicant satisfies the chief executive that the applicant will suffer particular hardship because of the refusal of the application under subsection (3).

(9)The period stated in the authority under subsection (7) must not be longer than the period reasonably needed for the applicant to move the conduct of the activity from the adjoining land, but in any event must not end later than 5 years after the commencement of this section.

(10)Within 10 days after making a decision about an application or authority under this section, the chief executive must give the applicant an information notice about the decision.

div 14 (ss 1171–1172) ins 2010 No. 12 s 247

div hdg ins 2010 No. 53 s 205

1179Definition for div 16

In this division—

commencement means the day this section commences.

s 1179 ins 2010 No. 53 s 205

1181Existing agreements between petroleum tenure holders and bore owners

(1)This section applies if, on the commencement, an agreement is in force between a petroleum tenure holder and a bore owner about a water bore affected by the exercise of the holder’s underground water rights.

(2)From the commencement—

(a)the holder is taken to have complied with the holder’s obligation to undertake a bore assessment for the bore under chapter 3, part 5, division 2; and

(b)the agreement is taken to be a make good agreement entered into between the holder and bore owner for the water bore for the purposes of chapter 3, part 5.

s 1181 ins 2010 No. 53 s 205

div hdg ins 2011 No. 40 s 92

1182Definitions for div 17

In this division—

amending Act means the Water and Other Legislation Amendment Act 2011 .

commencement means the commencement of the provision in which the term is used.

old, for a provision of this Act, means the provision as in force immediately before the commencement.

s 1182 ins 2011 No. 40 s 92

1190Stated amendments of water resource plan

(1) Subsection (2) applies if a water resource plan states that an amendment of a stated type may be made to the plan by amendment under section 57 and the statement was in the plan immediately before the commencement.

(2)Old section 57 (b) continues to apply to the amendment as if the amending Act had not been enacted.

s 1190 ins 2011 No. 40 s 92

1196Stated amendments of resource operations plan

(1) Subsection (2) applies if a resource operations plan states that an amendment of a stated type may be made to the plan by amendment under section 106 and the statement was in the plan immediately before the commencement.

(2)Old section 106 (b) continues to apply to the amendment as if the amending Act had not been enacted.

s 1196 ins 2011 No. 40 s 92

1197Existing draft water resource plans, draft amending water resource plans and draft new water resource plans to replace existing water resource plans

(1)A draft water resource plan in existence under this Act immediately before the commencement continues to be a draft water resource plan for this Act.

(2)A draft amending water resource plan in existence under this Act immediately before the commencement continues to be a draft amending water resource plan for this Act.

(3)A draft new water resource plan, to replace an existing water resource plan, in existence under this Act immediately before the commencement continues to be a draft new water resource plan, to replace the existing water resource plan, for this Act.

s 1197 ins 2011 No. 40 s 92

1200Continuation of provisions relating to replacement of expired licence under old s 229 (3)

(1) Subsection (2) applies if, before the commencement—

(a)a water licence expired under old section 229 (2); and

(b)no application has been made under old section 229 (3) for 1 or more licences to replace the expired licence.

(2)Old section 229 (3) to (9) continue to apply in relation to the expired licence as if the amending Act had not been enacted.

(3) Subsection (4) applies if—

(a)before the commencement, 1 or more owners of land applied under old section 229 (3) for 1 or more licences to replace an expired licence; and

(b)the application has not been decided before the commencement.

(4)Old section 229 (5) to (9) continue to apply in relation to the application as if the amending Act had not been enacted.

s 1200 ins 2011 No. 40 s 92

1201Application of s 289 (6)

Section 289 (6) applies only to an allocation notice that is renewed after the commencement.

s 1201 ins 2011 No. 40 s 92

1203Existing process to amend Water Resource (Condamine and Balonne) Plan 2004

(1)Despite section 96, the chief executive need not prepare a resource operations plan, to implement the proposed amending water resource plan, concurrently with the Minister’s preparation of the draft water resource plan.

(2)If the chief executive does not prepare a resource operations plan, to implement the proposed amending water resource plan, before the water resource plan commences—

(a)the chief executive must prepare a resource operations plan, to implement the amending water resource plan, as soon as practical after the amending water resource plan commences; and

(b)after the amending water resource plan commences and until the resource operations plan implementing it commences, the Condamine and Balonne Resource Operations Plan 2008 (existing ROP) is taken to be the resource operations plan for the amending water resource plan.

(3)However, to the extent of any inconsistency between the amending water resource plan and the existing ROP, the existing ROP prevails, unless the amending water resource plan expressly provides otherwise.

(4) Section 100 (3) does not apply to—

(a)the draft amending water resource plan (if any); or

(b)the proposed draft amending resource operations plan (if any) to implement the proposed amending water resource plan.

(5) Section 104B does not apply to—

(a)the final draft amending water resource plan (if any); or

(b)the final draft amending resource operations plan (if any) to implement the proposed amending water resource plan.

(6)In this section—

proposed amending water resource plan means the proposed amending water resource plan under the notice of intention to prepare a draft water resource plan to amend the Water Resource (Condamine and Balonne) Plan 2004 published by the Minister under old section 40 on 14 August 2009.

Editor’s note—

The notice may be viewed at <www.dnrm.qld.gov.au>.

s 1203 ins 2011 No. 40 s 92

1207Particular notices are taken to be chief executive’s or owners’ notices

(1)This section applies if—

(a)before the commencement, an owner of land gave a notice, purportedly under the Water Regulation 2002 , section 3CA in relation to the Lockyer Valley area works as defined under that section; or

(b)before the commencement of the Water Resource (Pioneer Valley) Plan 2002 , section 30A, an owner of land gave a notice, purportedly under the Water Regulation 2002 , section 3CA in relation to the Bundaberg, Cooloola and Pioneer Valley area works as defined under that section.

(2)The requirement under the Water Regulation 2002 , section 3CA (2) as in force immediately before the commencement, to notify the chief executive of works and water use or proposed water use is taken to be a chief executive’s notice for the works mentioned in subsection (1).

(3)A notice mentioned in subsection (1) (a relevant notice) is taken to be the owner’s notice for the works.

(4)If a chief executive’s notice under section 37, other than a chief executive’s notice mentioned in subsection (2), relates to an owner of land and to works to which a relevant notice relates, the owner is not required to give the chief executive an owner’s notice under section 37 for the works.

Note—

See section 37 (2).

s 1207 ins 2011 No. 40 s 92

div hdg ins 2012 No. 39 s 77

sdiv 1 (s 1210) ins 2012 No. 39 s 77

1210Definitions for div 19

In this division—

amending Act means the South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012 .

commencement means the commencement of the provision in which the term is used.

former commission means the Queensland Water Commission established under previous section 342.

previous, for a provision of this Act, means the provision as in force immediately before the repeal or amendment of the provision under the amending Act.

sdiv 1 (s 1210) ins 2012 No. 39 s 77

sdiv 2 (ss 1211–1212) ins 2012 No. 39 s 77

1211Transfer of funds into Groundwater Impact Assessment Fund

(1)On the commencement, the following amounts held by the former commission immediately before the commencement must be paid into the Groundwater Impact Assessment Fund—

(a)the balance of all levy amounts paid by petroleum tenure holders under previous section 360FA;

(b)the balance of any interest accrued on amounts mentioned in paragraph (a).

(2)An amount transferred into the Groundwater Impact Assessment Fund under subsection (1) may be used only for a purpose stated in chapter 3A, part 2.

sdiv 2 (ss 1211–1212) ins 2012 No. 39 s 77

1212Notices to pay levy

(1) Subsection (2) applies if—

(a)before the commencement, the chief executive gave a petroleum tenure holder a notice about a levy payable by the petroleum tenure holder under previous section 360FA; and

(b)on the commencement, the petroleum tenure holder has not paid the levy.

(2)Despite the repeal of previous section 360FA—

(a)the notice continues in force; and

(b)the petroleum tenure holder continues to be liable to pay the levy as stated in the notice.

(3) Subsection (4) applies if—

(a)immediately before the commencement, a petroleum tenure holder was liable to pay a levy for a relevant financial year under previous section 360FA, 360FB or 360FC; and

(b)the chief executive had not given the petroleum tenure holder a notice for the levy for the relevant financial year under previous section 360FA.

(4)Despite the repeal of previous sections 360FA, 360FB and 360FC—

(a)the chief executive may give the petroleum tenure holder a notice about the levy for the relevant financial year; and

(b)the petroleum tenure holder continues to be liable to pay the levy for the relevant financial year.

(5)An amount paid by the petroleum tenure holder under a notice mentioned in subsection (1) or (4)—

(a)must be paid into the Groundwater Impact Assessment Fund; and

(b)may be used only for a purpose stated in chapter 3A, part 2.

(6)In this section—

levy includes part of a levy.

relevant financial year means either of the following—

(a)the financial year ending on 30 June 2011;

(b)the financial year ending on 30 June 2012.

sdiv 2 (ss 1211–1212) ins 2012 No. 39 s 77

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1213Definitions for sdiv 3

In this subdivision—

chief executive means the chief executive of the department in which chapter 2, part 6 is administered.

former water entity means either of the following entities—

(a)the former water grid manager;

(b)LinkWater.

former water grid manager means the SEQ Water Grid Manager established under the South East Queensland Water (Restructuring) Act 2007 , section 6 as in force immediately before the commencement.

limited authority see section 1214 (3).

LinkWater means the Queensland Bulk Water Transport Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 as in force immediately before the commencement.

prescribed water authority see section 1214 (1).

receiving entity see section 1215 (2).

relevant authority see section 1214 (2).

scheme see section 1215 (1).

transfer notice see section 1216 (1).

transferring entity see section 1215 (2).

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1214Application of sdiv 3

(1)This subdivision applies to the following authorities (each a prescribed water authority) held by a former water entity immediately before the commencement—

(a)a water licence to take or interfere with water in the SEQ region;

(b)a water allocation to take or interfere with water in the SEQ region.

(2)If an authority to which this subdivision applies is an authority to take and interfere with water in the SEQ region, the authority is a relevant authority.

(3)If an authority to which this subdivision applies is an authority that allows only taking of water, the authority is a limited authority.

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1215Transfer scheme

(1)This subdivision facilitates the restructure of the bulk water industry in the SEQ region by providing for a scheme (the scheme) to transfer particular authorities to take water, or to take and interfere with water—

(a)to the bulk water supply authority; or

(b)from the bulk water supply authority to other entities.

(2)Under the scheme—

(a)a prescribed water authority may, under this subdivision, be replaced by 1 or more authorities to—

(i)take water; or

(ii)take and interfere with water; and

(b)generally, a water authority mentioned in paragraph (a) is transferred from the holder of the prescribed water authority (each a transferring entity) to an entity that will hold the authority to take water, or the authority to interfere with water (a receiving entity).

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1216Transfer notice

(1)For the purpose of the scheme, the Minister may, by gazette notice (a transfer notice), do any of the following—

(a)replace a relevant authority with—

(i)1 or more authorities to take water; or

(ii)1 or more authorities to take and interfere with water; or

(iii)1 or more authorities to take water and 1 or more authorities to take and interfere with water;

(b)transfer an authority mentioned in paragraph (a)(i), (ii) or (iii) from a transferring entity to a receiving entity;

(c)transfer a limited water authority from a transferring entity to a receiving entity;

(d)replace a limited authority with 2 or more authorities to take water;

(e)transfer an authority to take water mentioned in paragraph (d) from a transferring entity to a receiving entity;

(f)impose requirements on any of the authorities replaced or transferred under this section, including requirements about—

(i)the volume of water that may be taken under the authority by a receiving entity; and

(ii)the purpose for which the water taken under the authority by a receiving entity may be used;

(g)make provision about the application of instruments to a transferring entity or receiving entity including—

(i)whether the transferring entity or receiving entity is a party to an instrument; and

(ii)whether an instrument is taken to have been made by the transferring entity or receiving entity, or given to, by or in favour of the transferring entity or receiving entity; and

(iii)whether a reference to an entity in an instrument is a reference to the transferring entity or receiving entity; and

(iv)whether, under an instrument, an amount is or may become payable to or by the transferring entity or receiving entity, or other property is, or may be, transferred to or by the transferring entity or receiving entity; and

(v)make provision about an incidental, consequential or supplemental matter the Minister considers necessary or convenient for effectively carrying out the scheme.

(2) Subsection (3) applies if a relevant authority or a limited authority is, under a transfer notice, replaced with 1 or more other authorities to take or interfere with water (each a new authority).

(3)The Minister must be satisfied the conditions under which water may be taken or interfered with under the new authorities are at least as restrictive as the cumulative effect of the conditions on the relevant authority or limited authority.

(4)Without limiting subsection (3), the conditions under which water may be taken or interfered with under the new authorities must not—

(a)increase the total amount of water that may be taken; or

(b)increase the rate at which water may be taken; or

(c)change the flow conditions under which water may be taken; or

(d)increase the interference with the flow of water.

(5)A transfer notice has effect despite any other law or instrument.

(6)A transfer notice has effect on the day it is published in the gazette or a later day stated in it.

(7)In this section—

instrument includes an agreement for an entity to supply water to another entity.

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1217Process after transfer notice

(1)This section applies if an authority is transferred from a transferring entity to a receiving entity under a transfer notice.

(2)The chief executive may take the action that is necessary or convenient for the transfer of the authority under the transfer notice, including—

(a)updating a register or other record; and

(b)amending, cancelling or issuing another authority.

(3)The chief executive may take action under subsection (2) although this Act does not provide for the taking of the action or provides for taking the action in a different way.

Example—

An authority is transferred from a transferring entity to the bulk water supply authority under a transfer notice. Acting under subsection (3), the chief executive grants to the bulk water supply authority a water licence to replace the authority, despite the provisions of chapter 2, part 6, division 2 applying to the granting of a water licence.

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1218Continuing authorities

(1)This section applies to an authority to take or interfere with water that a receiving entity holds, or a transferring entity continues to hold, under a transfer notice.

(2)The authority continues under this Act until whichever of the following first happens—

(a)the chief executive grants a water licence to replace the authority;

(b)the authority is replaced with a water entitlement.

(3)The chief executive may grant the receiving entity or transferring entity a water licence to replace the authority to take or interfere with water without the need for an application to be made under section 206.

(4)Within 30 business days after the chief executive grants the water licence, the chief executive must give the receiving entity or transferring entity the licence and an information notice about the granting of the licence.

(5)The water licence has effect from the day the licence is given to the receiving entity or transferring entity.

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

1219References in supply agreements to particular transferring entities

(1)This section applies if an authority mentioned in a transfer notice is transferred from a transferring entity to a receiving entity.

(2)A reference in an existing supply agreement to the transferring entity is, if the context permits, taken to be a reference to the receiving entity.

(3)On and from the day the transfer notice takes effect, the existing supply agreement gives rise to the same rights and liabilities as would have arisen if the authority had not been transferred.

(4)In this section—

existing supply agreement means an agreement for the supply of water, in force on the day the transfer notice takes effect, between the transferring entity and another entity.

sdiv 3 (ss 1213–1219) ins 2012 No. 39 s 77

sdiv hdg ins 2012 No. 39 s 77

1220Definitions for sdiv 4

In this subdivision—

existing customer contract means a contract for the supply of non-potable water between an SEQ service provider and a person that is in effect immediately before the commencement of the amending Act, section 51.

existing grid contract means—

(a)a grid contract document made under previous section 360ZDD (1) that is in effect immediately before the repeal of that section under the amending Act; or

(b)a new contract under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 92CU, that is in effect immediately before the commencement of the amending Act, section 51.

market rules means the market rules made under previous section 360ZCX and in effect immediately before the repeal of that section under the amending Act, section 51.

non-potable water means water that has not been treated by a service provider.

transitional regulation see section 1225 (1).

s 1220 ins 2012 No. 39 s 77

1221Existing grid contracts

(1)An existing grid contract—

(a)continues to have effect after the commencement of the amending Act, section 51; and

(b)ends on the day a bulk water supply agreement is made by the Minister under section 360G for each party to the existing contract that is a bulk water party for the bulk water supply agreement.

(2)Despite subsection (1) (b), a term of an existing grid contract continues to have effect if the term—

(a)states it survives the ending of the contract; or

(b)is prescribed to survive the ending of the contract under a transitional regulation.

Example for paragraph (a)—

An existing grid contract may state that a party to the contract must maintain an insurance policy for a particular period after the ending of the contract.

(3)Previous section 360ZDI continues to apply in relation to a term in an existing grid contract that continues to have effect under subsection (2) as if the amending Act had not been enacted.

s 1221 ins 2012 No. 39 s 77

1222Existing customer contracts

An existing customer contract—

(a)continues to have effect after the commencement of the amending Act, section 51; and

(b)ends on the day a contract for the supply of non-potable water is executed between the person and the bulk water supply authority to replace the existing customer contract.

s 1222 ins 2012 No. 39 s 77

sdiv hdg ins 2012 No. 39 s 77

1226Continuation of system operating plan

(1)This section applies until a regulation is first made under section 344 to prescribe the desired level of service objectives for water security for the SEQ region or part of the SEQ region.

(2)The system operating plan as in effect on 31 December 2012 continues to have effect for the SEQ region.

(3)Each entity to which the system operating plan applies must ensure the plan is complied with to the extent it applies to the entity.

(4)In this section—

system operating plan means the system operating plan for the SEQ region made under previous chapter 2A, part 5, division 2.

s 1226 ins 2012 No. 39 s 77

1227Delayed application of ss 350–352

Sections 350, 351 and 352 do not apply to a designated water security entity until the day that is 1 year after a regulation is first made under section 344.

s 1227 ins 2012 No. 39 s 77

1231Particular underground water impact reports taken to have been given by the office

(1)This section applies to an underground water impact report that was, before the commencement—

(a)given to the chief executive by the former commission under section 370; and

(b)approved by the chief executive under section 385 (1).

(2)The underground water impact report is taken to have been given to the chief executive by the office.

s 1231 ins 2012 No. 39 s 77

1232Expenditure Advisory Committee

An advisory body called the Expenditure Advisory Committee, established by the former commission under previous section 360C and in existence immediately before the commencement, is taken to be, on the commencement, an advisory body established under section 461—

(a)with the same name as the former committee; and

(b)to perform the same functions in relation to the office as the former committee performed for the former commission.

s 1232 ins 2012 No. 39 s 77

1233First manager of the office

(1)This section applies to the person who, immediately before the commencement, held office as the commission’s General Manager, Coal Seam Gas Water (the old office).

(2)On the commencement—

(a)the old office ends; and

(b)the person is taken to have been appointed as the manager of the office.

(3)The person holds the office of manager for a term of 5 years from when the person was most recently appointed to the old office.

(4)The person’s conditions of employment for the office of manager are the conditions of employment for the old office immediately before the commencement.

(5) Subsection (4) applies subject to subsection (3) and any necessary changes from the old office to the office of manager.

(6)Subject to subsections (3) to (5), chapter 3A, part 1, division 4, subdivision 1 applies to the person for the person’s holding of the office of manager.

(7)In this section—

commencement means the commencement of the amending Act, section 42.

conditions of employment includes allowances for variations to remuneration.

s 1233 ins 2012 No. 39 s 77

pt hdg prev pt 6 hdg om 2005 No. 56 s 16

pres pt 6 hdg ins 2013 No. 23 s 288

div hdg ins 2013 No. 23 s 303

1235Term of existing water licence

(1)Subject to any cancellation or surrender of an existing water licence, the licence expires under section 213A despite any period stated on the licence as being the period for which the licence is granted.

(2)Also, section 213A (2) does not apply to an existing water licence granted by the chief executive in accordance with a process mentioned in section 212 (1).

(3)In this section—

existing water licence means a water licence in force immediately before the commencement of this section.

s 1235 ins 2013 No. 23 s 303A

1236Continuation of existing water resource plans

(1)To remove any doubt, it is declared that sections 52A and 52B apply to all existing water resource plans.

(2)Despite section 52A (3)—

(a)a delayed water resource plan continues in force but expires on 31 August 2014; and

(b)a Queensland Murray-Darling plan continues in force but expires on 30 June 2019.

(3)However, a delayed water resource plan or a Queensland Murray-Darling plan also expires when another water resource plan commences if the other water resource plan declares that it replaces the plan.

(4)This section does not prevent a delayed water resource plan or Queensland Murray-Darling plan from being repealed before the expiry of the plan.

(5)In this section—

delayed water resource plans means the following water resource plans—

• Water Resource (Barron) Plan 2002

• Water Resource (Boyne River Basin) Plan 2000

• Water Resource (Burnett Basin) Plan 2000

• Water Resource (Pioneer Valley) Plan 2002 .

existing water resources plans means a water resource plan in force immediately before this section commences.

Queensland Murray-Darling plans means the following water resource plans—

• Water Resource (Border Rivers) Plan 2003

• Water Resource (Condamine and Balonne) Plan 2004

• Water Resource (Moonie) Plan 2003

• Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 .

s 1236 ins 2013 No. 23 s 288

1237Land and water management plans

(1)If, immediately before the commencement of this section, an application for the approval of, or deferral of the requirement for, a land and water management plan had not been decided, the application lapses.

(2)If a resource operations plan requires a land and water management plan be approved for land before water can be used on the land, the requirement is of no effect and the water may be used on the land despite the requirement in the plan.

s 1237 ins 2013 No. 23 s 288

1238Changes affecting category 1 water authority boards

The board for the Gladstone Area Water Board continues to be comprised under repealed section 599 until the composition of the board is changed under section 598A.

s 1238 ins 2013 No. 23 s 288

1239Validation relating to Mount Isa Water Board

(1)This section applies for a person purportedly chosen as chairperson of the Mount Isa Water Board by the chief executive before the commencement of this section.

(2)The person is declared to always have been validly chosen as chairperson despite previous section 601.

(3)Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly chosen is declared to always have been valid and lawful.

(4)In this section—

previous section 601 means section 601 as in force immediately before the amendment of that section under the Land, Water and Other Legislation Amendment Act 2013 .

s 1239 ins 2013 No. 23 s 288

1240Removal of particular records from registries

(1)The registrar of titles may remove a record about a water licence, or an interim water allocation, attaching to particular land from any register the registrar was required to include the record in under previous section 1007.

(2)The registrar of water allocations may remove a record about a land and water management plan being required for the use of water from any register the registrar was required to include the record in under previous section 1007.

(3)In this section—

previous section 1007 means section 1007 as in force immediately before the amendment of that section under the Land, Water and Other Legislation Amendment Act 2013 .

s 1240 ins 2013 No. 23 s 288

1242References to section 20 of this Act

(1)A reference in another Act or a document to section 20 as in force immediately before the replacement of that section under the amending Act (the replaced section) may, if the context permits, be taken as a reference to any provision of this Act, chapter 2, part 2, division 1A all or part of which corresponds, or substantially corresponds, to the replaced section.

(2)To remove any doubt, it is declared that for the Acts Interpretation Act 1954 , section 14H, the Act, chapter 2, part 2, division 1A as inserted under the amending Act, part 19 is a remake of section 20 as in force immediately before the commencement of section 290 of the amending Act.

(3)In this section—

amending Act means the Land, Water and Other Legislation Act 2013 .

s 1242 ins 2013 No. 23 s 304

div 2 (ss 1243–1246) ins 2013 No. 23 s 305

1243Definitions for div 2

In this division—

commencement means the commencement of the provision in which the word appears.

destruction activity means the destruction of vegetation in a watercourse, lake or spring, other than as a necessary and unavoidable part of excavation or placing of fill authorised under a permit issued under section 269 (1).

destruction permit see section 1245 (1).

div 2 (ss 1243–1246) ins 2013 No. 23 s 305

1244Existing applications

(1)This section applies if, immediately before the commencement—

(a)an application for a permit has been made under section 266; and

(b)the permit has not been issued under section 269.

(2)The application lapses to the extent it relates to a destruction activity.

div 2 (ss 1243–1246) ins 2013 No. 23 s 305

1245Existing permits

(1)This section applies for a permit granted under section 269 (1) for a destruction activity (a destruction permit) if—

(a)the destruction permit is in force immediately before the commencement; and

(b)the activity relates to an area of vegetation less than 0.5ha within a watercourse, lake or spring; and

(c)there is no development approval for the activity.

(2)From the commencement—

(a)the activity is taken, until the expiry of the destruction permit, to be assessable development for which a development approval, in the form of a development permit, has been granted; and

(b)the area of vegetation is taken to be the land to which the development approval is attached; and

(c)the destruction permit has effect, until its expiry, as if it were the development permit for the destruction activity; and

(d)any condition of the destruction permit takes effect as if it were a condition of the development permit.

div 2 (ss 1243–1246) ins 2013 No. 23 s 305

1246Destruction of vegetation carried out under guidelines

(1)This section applies if, immediately before the commencement—

(a)a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines)—

(i)the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’;

(ii)the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’;

(iii)the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’;

(iv)the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and

(b)there is no development approval for the destruction; and

(c)the destruction is not a destruction activity for which—

(i)a permit has been issued to the person under section 269 (1); or

(ii)the person has applied, under section 266, for a permit that has not been issued under section 269 (1).

(2)From the commencement—

(a)the destruction is taken to be assessable development for which a development approval has been granted; and

(b)the area of vegetation is taken to be the land to which the development approval is attached; and

(c)the development approval has effect as if it were a development approval for the destruction; and

(d)any requirement of the activity guidelines takes effect as if it were a development condition of the development approval.

div 2 (ss 1243–1246) ins 2013 No. 23 s 305

div 3 (ss 1247–1248) ins 2013 No. 28 s 305

1247Existing levees

(1)Chapter 8, part 2, division 3, and a regulation made under section 1014 (2) (n) do not apply to an existing levee.

(2)In this section—

existing levee means a levee—

(a)that—

(i)was under construction when section 967 commenced; and

(ii)has not been modified since the construction of the levee was completed or otherwise came to an end; or

(b)that was existing on the commencement and has not been modified since.

div 3 (ss 1247–1248) ins 2013 No. 28 s 305

1248References to particular provisions of this Act

(1)A reference in another Act or a document to a particular provision of the Act, chapter 8, part 2 as in force immediately before the commencement of section 301 of the amending Act (the replaced provision) may, if the context permits, be taken as a reference to any provision of this Act, chapter 8, part 2 all or part of which corresponds, or substantially corresponds, to the replaced provision.

Example—

A reference in another Act to section 966A omitted and remade under the amending Act, part 19 is taken to be a reference to section 972 (Operational work) of this Act.

(2)To remove any doubt, it is declared that for the Acts Interpretation Act 1954 , section 14H, the Act, chapter 8, part 2 as omitted and remade under the amending Act, part 19 is a remake of the Act, chapter 8, part 2 as in force immediately before the commencement of section 301 of the amending Act.

(3)In this section—

amending Act means the Land, Water and Other Legislation Act 2013 .

div 3 (ss 1247–1248) ins 2013 No. 28 s 305

pt hdg ins 2014 No. 64 s 201

1280Continuation of effect of ss 812A and 812B

Despite the repeal of sections 812A and 812B, the sections are taken to continue in force for a proceeding for a contravention of this Act, to which the sections applied, if the contravention happened before the commencement of this section.

s 1280 ins 2014 No. 64 s 201

section 3

accredited ERMP ...

def accredited ERMP ins 2010 No. 7 s 65

om 2014 No. 64 s 202(1)

administrator means a person appointed under section 955 (2) to operate a service provider’s infrastructure.

ADR see section 426 (2) (b).

def ADR ins 2010 No. 53 s 206(2)

advice agency see the Planning Act, section 250.

def advice agency ins 2013 No. 23 s 306(2)

agreement amendment, for chapter 2A, part 3, see section 360H (2).

def agreement amendment ins 2012 No. 39 s 78(2)

allocation notice—

(a)for removal of quarry material—means an allocation notice under chapter 2, part 9; or

(b)for chapter 4, part 7—see section 696 (1) (c).

def allocation notice amd 2008 No. 34 s 747(3)

sub 2013 No. 23 s 289(1)–(2)

alternative institutional structure includes—

(a)a cooperative; and

(b)a corporation; and

(c)a trust; and

(d)an institutional structure consisting of all the parties to a closed water activity agreement.

def alternative institutional structure sub 2013 No. 23 s 289(1)–(2)

amending Act, for chapter 9, part 5, division 17, see section 1182.

def amending Act ins 2011 No. 40 s 93(2)

anniversary day ...

def anniversary day ins 2006 No. 59 s 84(2)

om 2012 No. 39 s 78(1)

annual report means a water authority’s annual report under the Financial Accountability Act 2009 .

def annual report sub 2003 No. 19 s 3 sch

amd 2003 No. 25 s 147(2) (amdt could not be given effect)

sub 2008 No. 34 s 747(1)–(2)

amd 2009 No. 9 s 136 sch 1

applicable code see the Planning Act, schedule 3.

def applicable code ins 2005 No. 42 s 52 sch 1

amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 306(5)

application day ...

def application day om 2008 No. 34 s 747(1)

appointer ...

def appointer om 2008 No. 34 s 747(1)

appointor, of an authorised officer, see section 739 (1).

def appointor ins 2010 No. 20 s 118(2)

appropriately qualified, for a person to whom a power may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.

approved baseline assessment plan, for the area of a petroleum tenure, means a baseline assessment plan for the area that is approved under section 399.

def approved baseline assessment plan ins 2010 No. 53 s 206(2)

approved final report means a final report that is approved under section 385.

def approved final report ins 2010 No. 53 s 206(2)

approved form means a form approved under section 1013.

approved meter means a meter prescribed under a regulation as an approved meter.

def approved meter ins 2005 No. 19 s 173(2)

approved nominee, for chapter 2, part 4, division 3, see section 107B (2) (c).

def approved nominee ins 2013 No. 23 s 289(2)

approved payment method, for a fee, see section 1013C.

def approved payment method ins 2014 No. 64 s 202(2)

approved recycled water management plan see the Water Supply Act, schedule 3.

def approved recycled water management plan ins 2008 No. 34 s 747(2)

approved underground water impact report means an underground water impact report that is approved under section 385.

def approved underground water impact report ins 2010 No. 53 s 206(2)

approved water efficiency management plan ...

def approved water efficiency management plan ins 2006 No. 59 s 84(2)

amd 2008 No. 34 s 747(4)

om 2012 No. 39 s 78(1)

approved water supply emergency response means a water supply emergency response approved by the Minister under section 25I.

def approved water supply emergency response ins 2005 No. 56 s 17(1)

artesian bore includes a shaft, well, gallery, spear or excavation, and any works constructed in connection with the shaft, well, gallery, spear or excavation, that taps an aquifer and the water flows, or has flowed, naturally to the surface.

artesian water means water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would flow naturally to the surface.

assessable development means assessable development prescribed under the Planning Act, section 232 (1).

def assessable development ins 2013 No. 23 s 306(2)

assessing authority, for a development application, means any relevant assessment manager or concurrence agency under the Planning Act.

def assessing authority ins 2013 No. 23 s 306(2)

assessment manager see the Planning Act, section 246 (1).

def assessment manager sub 2009 No. 36 s 872 sch 2

amd 2013 No. 23 s 306(5)

auditor ...

def auditor ins 2006 No. 23 s 22(2)

om 2008 No. 34 s 747(1)

authorised officer means a person appointed as an authorised officer under section 739.

authorised person ...

def authorised person amd 2008 No. 34 s 747(5)

om 2010 No. 20 s 118(1)

authorised use or purpose, of water, for chapter 3, see section 362.

def authorised use or purpose ins 2010 No. 53 s 206(2)

authority area, for a water authority, see section 548 (1).

def authority area amd 2003 No. 19 s 3 sch; 2003 No. 25 s 147(3) (amdt could not be given effect)

available for inspection and purchase see section 1009.

bar, in a watercourse, means a temporary accumulation of sediment—

(a)that is within the bed of the watercourse; and

(b)to which the following characteristics can generally be expected to apply—

(i)it is formed during the recession of flows in the watercourse when sediment is deposited in the bed of the watercourse;

(ii)it is a dynamic feature, being changed by flow events in the watercourse;

(iii)because of its dynamic nature as mentioned in subparagraph (ii), its covering vegetation is immature, and not woody;

(iv)it is made up of coarse materials, in particular, sand and gravel.

def bar ins 2010 No. 12 s 248(2)

baseline assessment, for chapter 3, see section 362.

def baseline assessment ins 2010 No. 53 s 206(2)

baseline assessment plan, for the area of a petroleum tenure, means a baseline assessment plan that complies with section 397 (2).

def baseline assessment plan ins 2010 No. 53 s 206(2)

bed and banks, of a lake, means the land that is normally covered by the water of the lake, whether permanently or intermittently, regardless of frequency, but does not include adjoining land from time to time covered in flood events.

def bed and banks sub 2010 No. 12 s 248(1)–(2)

bench, in a watercourse, means a storage of sediment—

(a)that is within the channel of the watercourse; and

(b)to which the following characteristics can generally be expected to apply—

(i)it is higher than the bed of the watercourse and bars in the watercourse, but lower than the level of either outer bank of the watercourse;

(ii)it is formed through sediment deposition during flow events in the watercourse that are at or near the level of either outer bank;

(iii)it is a reasonably flat sediment deposit, reasonably straight or gently curved as viewed from above, and at least partly consolidated by riparian vegetation;

(iv)it may be distinguished from a floodplain because the deposits making up a floodplain are finer and more layered.

def bench ins 2010 No. 12 s 248(2)

billing period ...

def billing period ins 2007 No. 57 s 104(2)

om 2008 No. 34 s 747(1)

board see section 597.

bore assessment, of a water bore, see section 411.

def bore assessment ins 2010 No. 53 s 206(2)

bore owner, of a water bore, for chapter 3, see section 362.

def bore owner ins 2010 No. 53 s 206(2)

bore trigger threshold, for an aquifer, for chapter 3, see section 362.

def bore trigger threshold ins 2010 No. 53 s 206(2)

bulk services see section 360C.

def bulk services ins 2012 No. 39 s 78(2)

bulk water customer see section 360C.

def bulk water customer ins 2012 No. 39 s 78(2)

bulk water party see section 360C.

def bulk water party ins 2012 No. 39 s 78(2)

bulk water service means the supply of large quantities of water other than as an irrigation service.

def bulk water service ins 2001 No. 75 s 116(2)

bulk water service provider ...

def bulk water service provider om 2001 No. 75 s 116(1)

bulk water supply agreement see section 360G (1).

def bulk water supply agreement ins 2012 No. 39 s 78(2)

bulk water supply authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6.

def bulk water supply authority ins 2008 No. 34 s 747(2)

bulk water supply code see section 360M (1).

def bulk water supply code ins 2012 No. 39 s 78(2)

capital structure, for a water authority, means the authority’s level of debt compared to its level of equity.

category 1 water authority means—

(a)the Gladstone Area Water Board; or

(b)the Mount Isa Water Board.

category 2 water authority means a water authority other than a category 1 water authority.

CEWH means the Commonwealth Environmental Water Holder established under the Water Act 2007 (Cwlth).

def CEWH ins 2011 No. 40 s 93(2)

chairperson ...

def chairperson ins 2006 No. 23 s 22(2)

om 2009 No. 18 s 7(1)

chief executive ...

def chief executive ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

chief executive’s notice see section 37 (2).

def chief executive’s notice ins 2011 No. 40 s 93(2)

closed water activity agreement see section 695A (1) (b).

def closed water activity agreement ins 2013 No. 23 s 289(2)

closing CMA tenure, for chapter 3, see section 362.

def closing CMA tenure ins 2010 No. 53 s 206(2)

CMA tenure, for chapter 3, see section 362.

def CMA tenure ins 2010 No. 53 s 206(2)

code-regulated entity, for chapter 2A, part 3, see section 360C.

def code-regulated entity ins 2012 No. 39 s 78(2)

commencement—

(a)for chapter 9, part 5, division 16, see section 1179; or

(b)for chapter 9, part 5, division 17 see section 1182.

def commencement ins 2010 No. 53 s 206(2)

sub 2011 No. 40 s 93(1)–(2)

commercialisation see section 637.

commercially sensitive ...

def commercially sensitive ins 2010 No. 53 s 206(2)

om 2012 No. 39 s 78(1)

commission ...

def commission ins 2006 No. 23 s 22(2)

om 2012 No. 39 s 78(1)

commission CEO ...

def commission CEO ins 2010 No. 20 s 118(2)

om 2012 No. 39 s 78(1)

commissioner ...

def commissioner ins 2006 No. 23 s 22(2)

sub 2009 No. 18 s 7

om 2012 No. 39 s 78(1)

commission water restriction ...

def commission water restriction ins 2006 No. 23 s 22(2)

om 2012 No. 39 s 78(1)

community service obligations, of a category 1 water authority, means the obligations to do anything the authority is satisfied—

(a)are not in the authority’s commercial interests to perform; and

(b)arise because of—

(i)a direction by the Minister; or

(ii)notice by the Minister of a public sector policy that is to apply to the authority; and

(c)do not arise because of the application of the following key commercialisation principles and their elements—

(i)principle 3—accountability for performance;

(ii)principle 4—competitive neutrality.

def community service obligations amd 2013 No. 23 s 289(3)

compliance notice means a notice given under section 780.

concurrence agency, for a development application, has the meaning given by the Planning Act.

def concurrence agency amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 306(5)

connection means a property service that supplies either water supply services or sewerage services, or both, to a premises.

consolidated aquifer, for chapter 3, see section 362.

def consolidated aquifer ins 2010 No. 53 s 206(2)

constructing authority see the Acquisition of Land Act 1967 , section 2.

def constructing authority ins 2011 No. 8 s 115

consultation day, for a proposed underground water impact report or final report, for chapter 3, see section 362.

def consultation day ins 2010 No. 53 s 206(2)

convicted includes a finding of guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

corporate plan, for a water authority, means the authority’s corporate plan agreed to by the Minister under section 649, or taken to be agreed to by the Minister under section 650 (2).

def corporate plan ins 2014 No. 51 s 27(1)

corporatised entity, means the commercialised business unit, previously within the department and known as State Water Projects, corporatised under the Government Owned Corporations Act 1993.

def corporatised entity sub 2014 No. 64 s 202(1)–(2)

cost-benefit analysis ...

def cost-benefit analysis ins 2005 No. 19 s 173(2)

om 2008 No. 34 s 747(1)

criminal history, of a person, has the meaning given by the Criminal Law (Rehabilitation of Offenders) Act 1986 , section 3, but does not include convictions for which the rehabilitation period has expired, and has not been revived, under that Act.

def criminal history ins 2003 No. 25 s 147(1)

cumulative management area, for chapter 3, means an area declared to be a cumulative management area under section 365.

def cumulative management area ins 2010 No. 53 s 206(2)

current infrastructure owner, for chapter 2, part 4, division 3, subdivision 4, see section 114 (2).

def current infrastructure owner ins 2013 No. 23 s 289(2)

customer—

1

Generally, customer—

(a)of a service provider that is a local government, means—

(i)a ratepayer of the local government who enjoys registered services supplied by the local government; or

(ii)a person who occupies non-residential premises that enjoy registered services supplied by the local government; or

(b)of a service provider other than a local government, means—

(i)a person who purchases registered services supplied by the service provider; or

(ii)a person who occupies non-residential premises that enjoy registered services supplied by the service provider.

2

In chapter 4 and section 851, customer means a person, other than a ratepayer, for whom a water authority carries out water activities.

def customer amd 2003 No. 19 s 3 sch; 2003 No. 25 s 147(4)

sub 2006 No. 59 s 84(1)–(2); 2008 No. 34 s 747(1)–(2)

customer service standard ...

def customer service standard om 2008 No. 34 s 747(1)

dam—

1

Dam means—

(a)works that include a barrier, whether permanent or temporary, that does or could or would impound water; and

(b)the storage area created by the works.

2The term includes an embankment or other structure that controls the flow of water and is incidental to works mentioned in item (1)(a).

3The term does not include the following—

(a)a rainwater tank;

(b)a water tank constructed of steel or concrete or a combination of steel and concrete;

(c)a water tank constructed of fibreglass, plastic or similar material;

(d)a levee.

def dam amd 2001 No. 75 s 116(3); 2013 No. 23 s 306(3)

declarations register ...

def declarations register ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

declared catchment area ...

def declared catchment area ins 2008 No. 34 s 747(2)

om 2013 No. 23 s 306(1)

declared pest ...

def declared pest ins 2005 No. 42 s 52 sch 1

om 2014 No. 64 s 202(1); 2014 No. 7 s 578 sch 4 pt 2 (amdt could not be given effect)

declared water service ...

def declared water service ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

de facto spouse ...

def de facto spouse om 2002 No. 74 s 90 sch

deferred aspect, for a resource operations plan, means a deferred aspect under section 103 (3) of the final draft of the plan prepared under that section.

def deferred aspect ins 2008 No. 58 s 19(1)

demand management, for water, includes—

(a)reducing demand for water; and

(b)increasing the efficiency of water supply works; and

(c)increasing the efficiency of the use of water by end users; and

(d)substituting a process that does not use a water resource for one that does use a water resource; and

(e)substituting one water resource for another.

def demand management ins 2006 No. 23 s 22(2)

depositional feature, in relation to a watercourse, means a deposit of clay, sand or silt that is carried during flows of water in the watercourse.

Examples—

•mud deposited in cracks in rocks

•sand deposits behind rocks

def depositional feature ins 2010 No. 12 s 248(2)

designated region means a region designated under section 342.

def designated region ins 2006 No. 23 s 22(2)

amd 2012 No. 39 s 78(3)

designated water security entity see section 349.

def designated water security entity ins 2012 No. 39 s 78(2)

desired level of service objectives, for water security, means the desired levels of service objectives for water security prescribed under section 344.

def desired level of service objectives ins 2012 No. 39 s 78(2)

desired levels of service objectives ...

def desired levels of service objectives ins 2006 No. 23 s 22(2)

om 2012 No. 39 s 78(1)

destruction, of vegetation, means the removing, clearing, killing, cutting down, felling, ringbarking, digging up, pushing over, pulling over or poisoning of the vegetation.

development has the meaning given by the Planning Act, section 7.

def development amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 306(5)

development application means an application for a development approval.

development approval means a development approval as defined under the Planning Act.

def development approval amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 306(5)

development condition, of a development approval, means a condition of the approval imposed by, or imposed because of a requirement of, the chief executive as assessment manager or concurrence agency for the application for the approval.

def development condition sub 2008 No. 34 s 747(1)–(2)

development permit means a development permit as defined under the Planning Act.

def development permit amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 306(5)

director, for a water authority, means a person appointed as a director of the authority’s board under section 600.

dispute notice means a notice given under section 891 (2).

distribution operations licence means a distribution operations licence granted under chapter 2, part 4, division 3.

def distribution operations licence ins 2005 No. 19 s 173(2)

distribution service provider ...

def distribution service provider ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

distribution system means the infrastructure for—

(a)the transmission of water; or

(b)the reticulation of water; or

(c)water treatment or recycling.

def distribution system ins 2005 No. 19 s 173(2)

dividend, for chapter 4, includes an amount in the nature of a dividend.

document certification requirement see section 760 (5).

document production requirement see section 760 (6).

domestic purposes includes irrigating a garden, not exceeding .25ha, being a garden cultivated for domestic use and not for the sale, barter or exchange of goods produced in the garden.

downstream limit, of a watercourse, means—

(a)if a point is identified on the watercourse identification map as the downstream limit of the watercourse—the point identified on the map; or

(b)otherwise—the point to which the high spring tide ordinarily flows and reflows in the watercourse, whether due to a natural cause or to an artificial barrier.

def downstream limit ins 2010 No. 12 s 248(2)

sub 2014 No. 64 s 202(1)–(2)

drainage and embankment area ...

def drainage and embankment area ins 2005 No. 42 s 52 sch 1

om 2009 No. 36 s 872 sch 2

drainage feature means—

(a)if a feature is identified on the watercourse identification map as a drainage feature—the feature identified on the map; or

(b)otherwise—a natural landscape feature, including a gully, drain, drainage depression or other erosion feature that—

(i)is formed by the concentration of, or operates to confine or concentrate, overland flow water during and immediately after rainfall events; and

(ii)flows for only a short duration after a rainfall event, regardless of the frequency of flow events; and

(iii)commonly, does not have enough continuing flow to create a riverine environment.

Example for paragraph (b)(iii)—

There is commonly an absence of water favouring riparian vegetation.

def drainage feature ins 2010 No. 12 s 248(2)

sub 2014 No. 64 s 202(1)–(2)

ecological outcome means a consequence for an ecosystem in its component parts specified for aquifers, drainage basins, catchments, subcatchments and watercourses.

ecosystem means a dynamic combination of plant, animal and micro-organism species and communities and their non-living environment and the ecological processes between them interacting as a functional unit.

election notice see section 426 (2).

def election notice ins 2010 No. 53 s 206(2)

emergency plan, for chapter 2A, part 3, see section 360C.

def emergency plan ins 2012 No. 39 s 78(2)

employee of the employing office ...

def employee of the employing office ins 2007 No. 20 s 116

om 2014 No. 64 s 202(1)

employing office ...

def employing office ins 2007 No. 20 s 116

om 2014 No. 64 s 202(1)

environmental authority see the Environmental Protection Act 1994 , schedule 4.

def environmental authority ins 2013 No. 23 s 289(2)

environmental flow objective, for a water resource plan, means a flow objective for the protection of the health of natural ecosystems for the achievement of ecological outcomes.

environmental impact statement, for chapter 8, part 3C, division 1, see section 992G.

def environmental impact statement ins 2010 No. 52 s 55

amd 2014 No. 64 s 202(8)

environmental management rules, for a resource operations plan, means the environmental management rules included in the plan.

establishment proposal, for a water authority, means the proposal, notice of which was given under section 552 (1), to establish the authority.

establishment regulation means a regulation, made under section 548 before the commencement of this definition, establishing a water authority.

def establishment regulation amd 2013 No. 23 s 289(4)

sub 2014 No. 64 s 202(1)–(2)

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

def executive officer, of a corporation, sub 2008 No. 34 s 747(1)–(2); 2014 No. 64 s 202(1)–(2)

executive officer ...

def executive officer, of the employing office for a water authority, ins 2007 No. 20 s 116

om 2008 No. 34 s 747(1)

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

def external review ins 2009 No. 24 s 967(1)

failure ...

def failure om 2008 No. 34 s 747(1)

failure impact assessment ...

def failure impact assessment om 2008 No. 34 s 747(1)

fill, for chapter 2, part 8 and definition levee, paragraph 3, means any kind of material in solid form (whether or not naturally occurring) capable of being deposited at a place.

def fill amd 2013 No. 23 s 306(4)

final report means a final report given under section 374.

def final report ins 2010 No. 53 s 206(2)

fire fighting purposes ...

def fire fighting purposes om 2008 No. 34 s 747(1)

fire fighting system ...

def fire fighting system om 2008 No. 34 s 747(1)

flood mitigation manual ...

def flood mitigation manual om 2008 No. 34 s 747(1)

floodplain means an area of reasonably flat land adjacent to a watercourse that—

(a)is covered from time to time by floodwater overflowing from the watercourse; and

(b)does not, other than in an upper valley reach, confine floodwater to generally follow the path of the watercourse; and

(c)has finer sediment deposits than the sediment deposits of any bench, bar or in-stream island in the watercourse.

def floodplain ins 2010 No. 12 s 248(2)

floodwater, in relation to a watercourse or lake, means water that has overflowed the outer banks of the watercourse, or the bed and banks of the lake, because of a flood event affecting the watercourse or lake, and is on land near the watercourse or lake.

def floodwater om 2008 No. 34 s 747(1)

ins 2008 No. 58 s 19(1)

sub 2010 No. 12 s 248(1)–(2)

flow conditions, for a water entitlement or a moratorium notice, means—

(a)the rate of flow of water in a watercourse, lake or spring or overland; or

(b)the level of water in a watercourse, lake, spring, aquifer, dam or weir.

def flow conditions amd 2001 No. 75 s 116(4)

former water area means a drainage area or water supply area established under the repealed Act.

former water board means a drainage board, water board or water supply board established under the—

(a)the repealed GAWB Act; or

(b)part 10 of the repealed Act.

full cost pricing, for a category 1 water authority, is charging for goods or services taking into account the full cost of providing the goods or services, including amounts equivalent to—

(a)government taxes that are not otherwise payable to the Commonwealth, State or local government; and

(b)debt guarantee fees for State guarantees.

full supply level means—

(a)for a dam generally—the level of the dam’s water surface when water storage is at maximum operating level without being affected by flood; or

(b)for a relevant dam under chapter 2, part 2, division 4—the full supply level stated in the resource operations plan under which the dam operates.

def full supply level sub 2011 No. 33 s 33

government entity see the Public Service Act 2008 , section 24.

def government entity ins 2007 No. 20 s 116

amd 2009 No. 25 s 83 sch

graded jump up means an inclined section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.

def graded jump up ins 2002 No. 77 s 250(1)

grid contract document ...

def grid contract document prev def ins 2008 No. 34 s 747(2)

om 2010 No. 20 s 118(1)

pres def ins 2011 No. 21 s 25

om 2012 No. 39 s 78(1)

grid customer ...

def grid customer ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

grid service provider ...

def grid service provider ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

Groundwater Impact Assessment Fund means the Groundwater Impact Assessment Fund established under section 478.

def Groundwater Impact Assessment Fund ins 2012 No. 39 s 78(2)

hazardous waste means—

(a)a substance, whether liquid, solid or gaseous, derived by, or resulting from, the processing of minerals that tends to destroy life or impair or endanger health; or

(b)ash resulting from the process of power generation.

def hazardous waste sub 2007 No. 57 s 104(1)–(2)

height ...

def height om 2008 No. 34 s 747(1)

holder, of a water allocation, means—

(a)the person whose details are stated on the water allocations register as the person who holds the water allocation; or

(b)if a lease of the water allocation is registered on the register—the lessee of the lease.

def holder ins 2005 No. 19 s 173(2)

immediately affected area see section 387.

def immediately affected area ins 2010 No. 53 s 206(2)

immediately affected area bore, for chapter 3, part 5, see section 408.

def immediately affected area bore ins 2010 No. 53 s 206(2)

impact considerations, for chapter 3, see section 362.

def impact considerations ins 2010 No. 53 s 206(2)

impaired capacity, of a water bore, see section 412.

def impaired capacity ins 2010 No. 53 s 206(2)

incoming owner, for chapter 2, part 4, division 3, subdivision 4, see section 115 (1) (b).

def incoming owner ins 2013 No. 23 s 289(2)

indirect financial or personal interest, for a director, includes a financial or personal interest of the director’s spouse, relative or person with whom the director lives in a domestic relationship.

def indirect financial or personal interest amd 2002 No. 74 s 90 sch

industrial instrument see the Industrial Relations Act 1999 , schedule 5.

def industrial instrument ins 2007 No. 20 s 116

information notice, about a decision under this Act, means a notice—

(a)stating the following—

(i)the decision;

(ii)the reasons for the decision;

(iii)the name and address of any other person who was given the notice;

(iv)that any person given the notice may apply for an internal review of the decision within 30 business days after the day the notice is given; and

(b)including a copy of the relevant internal review provisions of this Act.

def information notice amd 2001 No. 75 s 116(5)–(6)

sub 2005 No. 19 s 173(1)–(2); 2008 No. 34 s 747(1)–(2)

amd 2009 No. 24 s 967(2)–(3)

in-stream island, in a watercourse, is a storage of sediment—

(a)that is within the channel of the watercourse; and

(b)to which the following characteristics can generally be expected to apply—

(i)it is formed by processes within the watercourse;

(ii)its crest is not higher than either outer bank of the watercourse;

(iii)it is a dynamic feature, being changed by flow events in the watercourse;

(iv)it is made up of coarse materials, in particular sand and gravel.

def in-stream island ins 2010 No. 12 s 248(2)

Integrated Planning Act 1997 offence ...

def Integrated Planning Act 1997 offence ins 2005 No. 19 s 173(2)

om 2009 No. 36 s 872 sch 2

interested person see section 851.

interim enforcement order see section 784 (1).

interim resource operations licence means a licence granted under section 175.

interim water allocation means—

(a)an authority to take water managed under an interim resource operations licence or a resource operations licence that represents a volumetric share of water; and

(b)any conditions attaching to the authority.

def interim water allocation amd 2003 No. 25 s 147(5)

intermittent, in relation to the flow of water in a watercourse or the collection of water in a lake, includes variable, having regard to seasonal variations, and to year by year variability of seasons.

def intermittent ins 2010 No. 12 s 248(2)

internal review see section 862 (1).

interstate distribution operations licence means a licence that is granted under an interstate law and authorises the licence holder to operate infrastructure to distribute water.

def interstate distribution operations licence ins 2005 No. 19 s 173(2)

interstate law means a law of another State, including a repealed law, regulating the taking or using of water or the drilling of a water bore.

interstate resource operations licence means a licence that is granted under an interstate law and authorises the licence holder to manage the taking or using of water by other licensees.

irrigation infrastructure means water infrastructure or other infrastructure constructed, erected or installed for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.

Examples of irrigation infrastructure—

a supply channel, head ditch or tailwater drain

def irrigation infrastructure ins 2013 No. 23 s 306(2)

irrigation service means the supply of water or drainage services for irrigation of crops or pastures for commercial gain.

jump up means a vertical section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.

def jump up ins 2002 No. 77 s 250(1)

key commercialisation principles see section 638.

lake—

(a)if a feature is identified on the watercourse identification map as a lake—means the feature identified on the map; or

(b)otherwise, includes—

(i)a lagoon, swamp or other natural collection of water, whether permanent or intermittent; and

(ii)the bed and banks and any other element confining or containing the water.

def lake amd 2001 No. 75 s 116(7)

sub 2014 No. 64 s 202(1)–(2)

large service provider means—

(a)a service provider primarily providing bulk water services; or

(b)for a retail water service or sewerage service—a service provider with more than 25,000 connections to a registered service; or

(c)for an irrigation service—a service provider with—

(i)more than 500 users; and

(ii)a volume throughput, in any of the last 5 financial years, of more than 10,000ML.

lateral limits, in relation to a watercourse, see section 5 (5).

def lateral limits ins 2014 No. 64 s 202(2)

levee—

1

A levee is an artificial embankment or structure which prevents or reduces the flow of overland flow water onto or from land.

2

A levee includes levee-related infrastructure.

3However, the following are not levees—

(a)prescribed farming activities;

(b)fill that is—

(i)deposited at a place for gardens or landscaping, including, for example, landscaping for the purposes of visual amenity or acoustic screening; and

(ii)less than the volume of material prescribed under a regulation;

(c)infrastructure used to safeguard life and property from the threat of coastal hazards;

(d)a structure regulated under another Act including, for example, the following—

(i)a levee constructed as emergency work under the Planning Act, section 584 or 585;

(ii)a structure constructed under an approved plan under the Soil Conservation Act 1986 ;

(iii)a structure whose design takes into account the impacts of flooding or flood mitigation but which is not primarily designed for flood mitigation;

Example—

a public road within the meaning of the Transport Infrastructure Act 1994

(iv)a structure constructed within the bed, or across a bank, of a watercourse, including, for example, a weir or barrage, the construction of which was carried out under this Act and for which a development permit under the Planning Act was given;

(v)an embankment or other structure constructed for long-term storage of water under the Water Supply Act;

Examples—

a ring tank or dam

(e)irrigation infrastructure that is not levee-related infrastructure.

def levee ins 2013 No. 23 s 306(2)

levee-related infrastructure, for a levee, means infrastructure, including irrigation infrastructure, that is—

(a)connected with the construction or modification of the levee; or

(b)used in the operation of the levee to prevent or reduce the flow of overland flow water onto or from land.

Examples of infrastructure for paragraph (b)—

a channel, drain, outfall or pipe

def levee-related infrastructure ins 2013 No. 23 s 306(2)

limited authority ...

def limited authority ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

long-term affected area see section 387.

def long-term affected area ins 2010 No. 53 s 206(2)

make good agreement, for a water bore, see section 420.

def make good agreement ins 2010 No. 53 s 206(2)

make good measure, for a water bore, see section 421.

def make good measure ins 2010 No. 53 s 206(2)

make good obligations, of a petroleum tenure holder for a water bore, for chapter 3, see section 362.

def make good obligations ins 2010 No. 53 s 206(2)

manager means the manager of the office.

def manager ins 2012 No. 39 s 78(2)

mandatory term, for chapter 2A, part 3, see section 360G (2) (a).

def mandatory term ins 2012 No. 39 s 78(2)

market ...

def market ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

market rules ...

def market rules ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

medium service provider means—

(a)for a retail water service or sewerage service—a service provider with more than 1000 but not more than 25,000 connections to a registered service; or

(b)for an irrigation service—a service provider with—

(i)more than 100 but not more than 500 users; and

(ii)a volume throughput, in any of the last 5 financial years, of more than 10,000ML.

megalitre means 1 million litres.

def megalitre ins 2001 No. 75 s 116(2)

meter includes equipment, related to the meter, for measuring and recording—

(a)the taking of, or interfering with, water; or

(b)the quality of water.

def meter ins 2007 No. 57 s 104(2)

metered entitlement means an authority under this Act to take or interfere with water, prescribed under a regulation to be a metered entitlement.

def metered entitlement ins 2005 No. 19 s 173(2)

metering contractor means a person appointed as a metering contractor under section 973.

def metering contractor ins 2003 No. 25 s 147(1)

ML means megalitre.

def ML ins 2001 No. 75 s 116(2)

monitoring equipment—

(a)means equipment for reading rainfall, water flow or water levels or for assessing the effects of taking of, or interfering with, water or water use on land and water; and

(b)includes a meter.

def monitoring equipment ins 2005 No. 19 s 173(2)

sub 2007 No. 57 s 104(1)–(2)

moratorium notice see section 26.

def moratorium notice amd 2003 No. 25 s 147(6)

nominal volume means—

(a)for a water allocation managed under a resource operations licence—the number used to calculate the allocation’s share of the water available to be taken by holders of water allocations in the same priority group; and

(b)for a water allocation not managed under a resource operations licence—the number used to calculate the allocation’s share of the water available to be taken by holders of water allocations in all water allocation groups in a water resource plan area.

def nominal volume ins 2003 No. 25 s 147(1)

nominated water service provider see section 343.

def nominated water service provider ins 2012 No. 39 s 78(2)

nominated waterway ...

def nominated waterway ins 2006 No. 59 s 85 sch

om 2014 No. 40 s 149(1)

nominator, for chapter 2, part 4, division 3, see section 107C (1).

def nominator ins 2013 No. 23 s 289(2)

nominee, for chapter 2, part 4, division 3, see section 107C (1).

def nominee ins 2013 No. 23 s 289(2)

non-Act water means water, including recycled and desalinated water, from any source, other than water included in the definition of water, item 1, in this schedule.

def non-Act water ins 2005 No. 56 s 17(1)

sub 2007 No. 57 s 104(1)–(2)

non-residential customer means a customer who uses water on non-residential premises.

def non-residential customer ins 2006 No. 59 s 84(2)

non-residential premises means premises that are not used for residential purposes, including, for example, tourist accommodation, nursing homes, hostels, hospitals, caravan parks, convents, nurseries, market gardens, turf farms, farms, conference centres and the common property of a community title scheme under the Body Corporate and Community Management Act 1997 or under the Building Units and Group Titles Act 1980 .

def non-residential premises ins 2006 No. 59 s 84(2)

notice means written notice.

notice of closure means a notice of closure given under section 372 or 373.

def notice of closure ins 2010 No. 53 s 206(2)

occupier, of land, means the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land.

office means the Office of Groundwater Impact Assessment.

def office ins 2012 No. 39 s 78(2)

Office of Groundwater Impact Assessment means the Office of Groundwater Impact Assessment established under section 455.

def Office of Groundwater Impact Assessment ins 2012 No. 39 s 78(2)

officer, of a water authority, means—

(a)a director of the authority; or

(b)the authority’s chief executive officer; or

(c)another person who is concerned, or takes part, in the authority’s management.

old, for chapter 9, part 5, division 17, in relation to a provision of this Act, see section 1182.

def old ins 2011 No. 40 s 93(2)

operational work see the Planning Act, section 10 (1).

def operational work ins 2009 No. 36 s 872 sch 2

amd 2013 No. 23 s 306(5)

operator, of a dam for chapter 2, part 2, division 4, see section 31 (3).

def operator ins 2011 No. 33 s 33(2)

original decision see section 851 (4).

def original decision amd 2001 No. 75 s 116(8); 2008 No. 34 s 747(6)

other resources means quarry material and riverine vegetation.

outdoor water use conservation plan ...

def outdoor water use conservation plan ins 2007 No. 57 s 104(2)

om 2008 No. 34 s 747(1)

outer bank see section 5A.

def outer bank ins 2010 No. 12 s 248(2)

overdue charge see section 574 (3).

overdue rate see section 574 (3).

overland flow water—

1

Overland flow water means water, including floodwater, that is urban stormwater or is other water flowing over land, otherwise than in a watercourse or lake—

(a)after having fallen as rain or in any other way; or

(b)after rising to the surface naturally from underground.

2

Overland flow water does not include—

(a)water that has naturally infiltrated the soil in normal farming operations, including infiltration that has occurred in farming activity such as clearing, replanting and broadacre ploughing; or

(b)tailwater from irrigation if the tailwater recycling meets best practice requirements; or

(c)water collected from roofs for rainwater tanks.

def overland flow water amd 2001 No. 75 s 116(9); 2011 No. 40 s 93(3)

owner—

(a)of land, means any of the following, and includes the occupier of the land—

(i)the registered proprietor of the land;

(ii)the lessee, sublessee or licensee under the Land Act 1994 of the land;

(iii)the holder of a mineral development licence or mining lease over the land under the Mineral Resources Act 1989 ;

(iv)the plantation licensee of a plantation licence under the Forestry Act 1959 ;

(v)the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise;

(v)the holder of a geothermal tenure under the Geothermal Energy Act 2010 relating to the land;

(vi)the person who is entitled to receive the rents and profits of the land;

(vi)the holder of a GHG tenure under the Greenhouse Gas Storage Act 2009 relating to the land;

(vii)the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 relating to the land;

(viii)the holder of a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 relating to the land; or

(b)for chapter 2, part 6, see section 203.

def owner sub 2008 No. 34 s 747(1)–(2)

amd 2010 No. 12 s 251 sch; 2011 No. 40 s 93(4); 2010 No. 31 s 582

owner ...

def owner, for chapter 2, part 6, ins 2001 No. 75 s 116(2)

om 2008 No. 34 s 747(1)

owner ...

def owner, of a referable dam, om 2008 No. 34 s 747(1)

owner’s notice see section 37 (2).

def owner’s notice ins 2011 No. 40 s 93(2)

performance indicator, for a water resource plan, means a measure that can be calculated and is stated in the plan to assess the impact of an allocation and management decision or proposal on water entitlements and natural ecosystems.

def performance indicator sub 2001 No. 75 s 116(1)–(2)

performance plan, for a water authority, means the authority’s performance plan agreed to by the Minister under section 656, or taken to be agreed to by the Minister under section 657.

def performance plan amd 2014 No. 51 s 27(2)

petroleum tenure—

(a)generally, means—

(i)a 1923 Act petroleum tenure under the Petroleum Act 1923 ; or

(ii)a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 ; and

(b)for chapter 3, part 2, divisions 3 and 4—includes a part of a petroleum tenure.

def petroleum tenure ins 2010 No. 53 s 206(2)

petroleum tenure holder—

1

Generally, a petroleum tenure holder means a person who holds a petroleum tenure.

2

For chapter 2, part 6, a petroleum tenure holder does not include an owner mentioned in section 206 (1).

def petroleum tenure holder ins 2004 No. 25 s 1053(1)

sub 2010 No. 53 s 206

placing of fill in a watercourse, lake or spring includes doing something that, in conjunction with other acts (regardless of who does those acts) or happenings (regardless of who, if anyone, causes those happenings) is likely to result in the depositing of fill in the watercourse, lake or spring.

plan area, for any plan under this Act, means the part of Queensland to which the plan applies.

Planning Act means the Sustainable Planning Act 2009 .

def Planning Act ins 2013 No. 23 s 306(2)

Planning Act offence means an offence against the Planning Act, section 574, 578(1), 579, 580(1), 581, 582 or 594(1) to the extent the section relates to the taking of, or interfering with, water.

def Planning Act offence ins 2013 No. 23 s 306(6)

premises means—

(a)a lot as defined under the Planning Act, section 10 (1); or

(b)for a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 —the common property for the lot.

def premises amd 2009 No. 36 s 872 sch 2; 2013 No. 23 s 306(5)

premises group means the land comprised in 2 or more premises all the owners of which have mutual rights and obligations under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 for their respective ownerships, and includes the common property forming part of—

(a)if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997 —the scheme land under that Act for the scheme; or

(b)if the premises are lots under the Building Units and Group Titles Act 1980 —the parcel of which the premises form part.

def premises group ins 2002 No. 77 s 250(1)

prescribed farming activities means—

(a)cultivating soil; or

Examples—

clearing, replanting and broadacre ploughing

(b)disturbing soil to establish non-indigenous grasses, legumes or forage cultivars; or

(c)using land for horticulture or viticulture; or

(d)laser levelling or contouring soil.

def prescribed farming activities ins 2013 No. 23 s 306(2)

prescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 or more years.

priority group, for water allocations managed under a resource operations licence, means the allocations that have the same water allocation security objective.

def priority group sub 2004 No. 25 s 1053(2); 2013 No. 23 s 289(1)–(2)

private water supply agreement see section 1000.

def private water supply agreement ins 2005 No. 19 s 173(2)

process—

(a)for sections 46 (2) (g), 98 (2) (d) and (e), 108, 122, 176, 189 and 212—includes selling or dealing with water entitlements, interim resource operations licences or resource operations licences by public auction, public ballot or public tender; and

(b)for sections 46 (2) (g), 98 (2) (d) and (e) and 212—includes a direction to the chief executive to grant a water licence to a particular person.

def process sub 2011 No. 40 s 93(5)

production testing, for chapter 3, see section 362.

def production testing ins 2010 No. 53 s 206(2)

prohibited development see the Planning Act, schedule 3.

def prohibited development ins 2009 No. 36 s 872 sch 2

amd 2013 No. 23 s 306(5)

prohibited substance ...

def prohibited substance om 2008 No. 34 s 747(1)

properly made submission means a submission that—

(a)is made by a person invited to make the submission; and

(b)is in writing and is signed by each person who made the submission; and

(c)is received on or before the last day for the making of the submission; and

(d)states the name and address of each person who made the submission; and

(e)states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(f)is received by the person stated in the notice inviting the submission.

property service means—

(a)for a water service—the pipes and fittings installed for connecting premises to a service provider’s infrastructure; or

(b)for a sewerage service—a junction, bend, pipe, jump up or graded jump up required to connect a sanitary drain or property sewer to a service provider’s infrastructure.

def property service sub 2002 No. 77 s 250(2)

property sewer means a sewer for a premises or a premises group.

def property sewer ins 2002 No. 77 s 250(1)

proposed Barlil Weir ...

def proposed Barlil Weir ins 2003 No. 25 s 147(1)

om 2014 No. 64 s 202(1)

proposed desired level of service objectives see section 345 (2) (a).

def proposed desired level of service objectives ins 2012 No. 39 s 78(2)

proposed plan area—

(a)for a draft water resource plan—means the part of Queensland to which a water resource plan, if approved, will apply; or

(b)for a draft resource operations plan—means the part of the plan area for a water resource plan to which a resource operations plan, if approved, will apply.

publish see section 1009A.

def publish sub 2001 No. 75 s 116(1)–(2)

amd 2003 No. 25 s 147(7)–(9); 2006 No. 23 s 22(2); 2012 No. 39 s 78(4); 2013 No. 23 s 289(5)–(6)

sub 2014 No. 64 s 202(1)–(2)

quarry material—

1

Quarry material means material, other than a mineral within the meaning of any Act relating to mining, in a watercourse or lake.

2

Quarry material includes stone, gravel, sand, rock, clay, earth and soil unless it is removed from the watercourse or lake as waste material.

rate notice ...

def rate notice ins 2007 No. 57 s 104(2)

om 2008 No. 34 s 747(1)

ratepayer, of a water authority that has an authority area, means an owner of land within that authority area.

def ratepayer sub 2014 No. 64 s 202(1)–(2)

reasonably believes means believes on grounds that are reasonable in the circumstances.

receiving entity ...

def receiving entity ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

referable dam see the Water Supply Act, section 341.

def referable dam prev def om 2008 No. 34 s 747(1)

pres def ins 2009 No. 36 s 872 sch 2

referral agency ...

def referral agency amd 2009 No. 36 s 872 sch 2

om 2013 No. 23 s 306(1)

regional plan see the Sustainable Planning Act 2009 , section 33.

def regional plan ins 2014 No. 40 s 149(2)

regional water security options ...

def regional water security options ins 2006 No. 23 s 22(2)

om 2012 No. 39 s 78(1)

regional water security program ...

def regional water security program ins 2006 No. 23 s 22(2)

om 2012 No. 39 s 78(1)

registered grid participant ...

def registered grid participant ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

registered owner, of land, means—

(a)the registered owner of the land under the Land Title Act 1994 ; or

(b)the lessee or licensee of the land under the Land Act 1994 .

registered professional engineer ...

def registered professional engineer sub 2004 No. 4 s 57 sch

om 2008 No. 34 s 747(1)

registered proprietor, of land, see the Land Title Act 1994 , schedule 2.

def registered proprietor ins 2005 No. 19 s 173(2)

registered service, for a service provider, means a water or sewerage service for which the service provider is registered.

registrar means the registrar appointed under section 147.

regular audit means an audit conducted under section 417.

regulator means the regulator under the Water Supply Act.

def regulator prev def om 2008 No. 34 s 747(1)

pres def ins 2011 No. 8 s 115

related local government ...

def related local government ins 2007 No. 57 s 104(2)

om 2008 No. 34 s 747(1)

relevant authority ...

def relevant authority ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

relevant company, for chapter 8, part 3C, see section 992G.

def relevant company ins 2010 No. 52 s 55

relevant dam see section 31 (2).

def relevant dam ins 2011 No. 33 s 33(2)

relevant underground water rights, for chapter 3, see section 362.

def relevant underground water rights ins 2010 No. 53 s 206(2)

repealed Act means the Water Resources Act 1989 .

repealed Acts means the—

(a)repealed GAWB Act; or

(b)repealed Act.

repealed GAWB Act means the Gladstone Area Water Board Act 1984 .

report obligation, for chapter 3, see section 362.

def report obligation ins 2010 No. 53 s 206(2)

residential complex see the Environmental Protection Act 1994 , schedule 4.

def residential complex ins 2006 No. 59 s 85 sch

amd 2008 No. 52 s 98 sch 2

residential premises means premises used for a residential purpose.

def residential premises ins 2007 No. 57 s 104(2)

resource operations licence means a resource operations licence granted under chapter 2, part 4, division 3.

def resource operations licence amd 2005 No. 19 s 173(3)

resource operations plan means a plan approved under section 103 (5).

def resource operations plan amd 2008 No. 58 s 19(2)

responsible entity, for chapter 3, see section 362.

def responsible entity ins 2010 No. 53 s 206(2)

responsible tenure holder, for chapter 3, see section 362.

def responsible tenure holder ins 2010 No. 53 s 206(2)

retail water service—

1

Retail water service means a reticulated water service in a service area for a water service.

2The term does not include—

(a)an irrigation service or a bulk water service in any area; or

(b)the supply of recycled water in any area.

def retail water service amd 2001 No. 75 s 116(10)

review decision see section 864 (2).

def review decision amd 2009 No. 24 s 967(4)

reviewer see section 862 (1).

review notice see section 864 (3).

def review notice amd 2009 No. 24 s 967(5)

rules administrator ...

def rules administrator ins 2010 No. 20 s 118(2)

om 2012 No. 39 s 78(1)

safety condition ...

def safety condition om 2008 No. 34 s 747(1)

sanitary drain means a drain (not including a pipe that is a part of common effluent drainage) that is immediately connected to, and used to carry discharges from, a soil or waste pipe for an individual premises.

def sanitary drain ins 2002 No. 77 s 250(1)

scheme ...

def scheme ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

scour mark, in relation to a watercourse, means—

(a)a mark made on a bank of the watercourse by the sweeping action of suspended sediments in water during flows in the watercourse; or

(b)a mark that can be identified by weathering stains, or the absence of lichens, on erosion-resistant surfaces of a bank of the watercourse.

Example of an erosion-resistant surface—

rock

def scour mark ins 2010 No. 12 s 248(2)

seasonal water assignment, for an interim water allocation, a water allocation, a seasonal water assignment notice or a water licence, means the assignment by the holder of the allocation, notice or licence of the benefit under the allocation, notice or licence to another person, for a water year, of all or part of the water that may be taken under the allocation, notice or licence.

def seasonal water assignment amd 2003 No. 25 s 147(10)

sub 2005 No. 19 s 173(1)–(2)

seasonal water assignment notice means—

(a)for a water allocation—a seasonal water assignment notice granted under chapter 2, part 4, division 5; or

(b)for a water licence—a seasonal water assignment notice granted under chapter 2, part 6, division 3.

def seasonal water assignment notice ins 2005 No. 19 s 173(2)

seasonal water assignment rules means the rules stated in a regulation or resource operations plan that allow seasonal water assignments or approval of applications for proposed seasonal water assignments.

def seasonal water assignment rules amd 2003 No. 25 s 147(11)

self-assessable development means self-assessable development prescribed under the Planning Act, section 232 (1).

def self-assessable development ins 2013 No. 23 s 306(2)

SEQ bulk supplier see section 360C.

def SEQ bulk supplier ins 2012 No. 39 s 78(2)

SEQ region see section 341.

def SEQ region ins 2006 No. 23 s 22(2)

SEQ service provider see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule.

def SEQ service provider ins 2012 No. 39 s 78(2)

SEQ Water means South East Queensland Water Corporation Limited ABN 14 088 729 766.

def SEQ Water ins 2005 No. 56 s 17(1)

service area ...

def service area om 2008 No. 34 s 747(1)

service provider means—

(a)a water service provider; or

(b)a sewerage service provider under the Water Supply Act.

def service provider sub 2008 No. 34 s 747(1)–(2)

service provider register ...

def service provider register om 2008 No. 34 s 747(1)

service provider water restriction see the Water Supply Act, section 41.

def service provider water restriction ins 2006 No. 23 s 22(2)

sub 2012 No. 39 s 78(1)–(2)

sewerage means a sewer, access chamber, vent, engine, pump, structure, machinery, outfall or other work used to receive, store, transport or treat sewage.

sewerage service means—

(a)sewage treatment; or

(b)the collection and transmission of sewage through infrastructure; or

(c)the disposal of sewage or effluent.

def sewerage service amd 2005 No. 19 s 173(4)

sub 2008 No. 34 s 747(1)–(2)

sewerage service provider ...

def sewerage service provider om 2008 No. 34 s 747(1)

show cause notice means a notice that complies with section 779.

small service provider ...

def small service provider amd 2001 No. 75 s 116(11); 2003 No. 25 s 147(12)

om 2008 No. 34 s 747(1)

special agreement means a special agreement Act or an agreement contained in a special agreement Act.

def special agreement ins 2014 No. 64 s 202(1)

special agreement Act, for chapter 8, part 3C, see section 992G.

def special agreement Act ins 2010 No. 52 s 55

specified conditions—

(a)for chapter 8, part 3C, division 1—

(i)for the Alcan Queensland Pty. Limited Agreement Act 1965 , means the conditions stated in section 29A (2) of the agreement under that Act; or

(ii)for the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957 , means the conditions stated in section 32A (2) of the agreement under that Act; or

def specified conditions ins 2010 No. 52 s 55

sub 2014 No. 64 s 202(1)–(2)

specified works ...

def specified works ins 2005 No. 42 s 52 sch 1

om 2014 No. 40 s 149(1)

spot audit ...

def spot audit om 2008 No. 34 s 747(1)

spot audit report ...

def spot audit report ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

spouse ...

def spouse om 2002 No. 74 s 90 sch

spring means—

(a)if a feature is identified on the watercourse identification map as a spring—the feature identified on the map; or

(b)otherwise—the land to which water rises naturally from below the ground and the land over which the water then flows.

def spring sub 2014 No. 64 s 202(1)–(2)

spring impact management strategy means a spring impact management strategy that complies with section 379.

def spring impact management strategy ins 2010 No. 53 s 206(2)

start day, for a petroleum tenure, for chapter 3, see section 362.

def start day ins 2010 No. 53 s 206(2)

State quarry material means—

(a)quarry material that is the property of the State under section 279; and

(b)if quarry material not mentioned in paragraph (a) is reserved under the Land Act 1994 , section 22, and is in a watercourse or lake—the quarry material.

stock purposes, in relation to taking water, means—

(a)watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used; or

(b)watering travelling stock on a stock route.

def stock purposes ins 2003 No. 25 s 147(1)

sub 2005 No. 19 s 173(1)–(2)

stock route see the Stock Route Management Act 2002 , schedule 3.

def stock route ins 2005 No. 19 s 173(2)

amd 2014 No. 7 s 578 sch 4 pt 2

storage capacity ...

def storage capacity om 2005 No. 19 s 173(1)

stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater.

strategic asset management plan ...

def strategic asset management plan amd 2005 No. 19 s 173(5)

om 2008 No. 34 s 747(1)

subartesian area ...

def subartesian area ins 2005 No. 42 s 52 sch 1

om 2014 No. 40 s 149(1)

subartesian bore includes a shaft, well, gallery, spear or excavation, and any works constructed in connection with the shaft, well, gallery, spear or excavation, that taps an aquifer and the water does not flow and never has flowed naturally to the surface.

subartesian water means water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would not flow naturally to the surface.

submissions summary see section 383 (1) (b).

def submissions summary ins 2010 No. 53 s 206(2)

submitter means a person who made a properly made submission under this Act.

submitter notice see section 863 (3).

subsidiary company, of an entity, means that under the Corporations Act, section 9 the company is a subsidiary of the entity.

def subsidiary company ins 2011 No. 40 s 93(2)

supply contract means a contract for the storage and supply of water under a water entitlement, a water supply emergency declaration or a water supply emergency regulation.

def supply contract amd 2005 No. 56 s 17(2)

sustainable management see section 10 (2).

Sustainable Planning Act 2009 offence ...

def Sustainable Planning Act 2009 offence ins 2009 No. 36 s 872 sch 2

om 2013 No. 23 s 306(6)

system leakage management plan ...

def system leakage management plan ins 2005 No. 19 s 173(2)

om 2008 No. 34 s 747(1)

system operating plan ...

def system operating plan ins 2006 No. 23 s 22(2)

om 2012 No. 39 s 78(1)

taking, for water, includes diverting water.

temporary full supply level, for a dam, means the temporary full supply level declared for the dam under the Water Supply Act, chapter 4, part 3.

def temporary full supply level ins 2011 No. 33 s 33(2)

sub 2012 No. 29 s 19

threshold limit ...

def threshold limit ins 2010 No. 52 s 55

om 2014 No. 64 s 202(1)

top of the barrier ...

def top of the barrier om 2008 No. 34 s 747(1)

trade waste ...

def trade waste om 2008 No. 34 s 747(1)

trade waste approval ...

def trade waste approval om 2008 No. 34 s 747(1)

transfer, of a resource operations licence, an interim resource operations licence or a water allocation, means the passing of the legal or beneficial interest in the licence or allocation.

transferee, for chapter 2, part 4, division 3, subdivision 4, see section 114 (1).

def transferee ins 2013 No. 23 s 289(2)

transfer notice ...

def transfer notice ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

transferring entity ...

def transferring entity ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

travelling stock see the Stock Route Management Act 2002 , schedule 3.

def travelling stock ins 2005 No. 19 s 173(2)

amd 2014 No. 7 s 578 sch 4 pt 2

unallocated State land see the Land Act 1994 , schedule 6.

def unallocated State land ins 2005 No. 19 s 173(2)

unconsolidated aquifer, for chapter 3, see section 362.

def unconsolidated aquifer ins 2010 No. 53 s 206(2)

underground water means artesian water and subartesian water.

underground water impact report, for chapter 3, means an underground water impact report that complies with section 376.

def underground water impact report ins 2010 No. 53 s 206(2)

underground water obligation, of a petroleum tenure holder, for chapter 3, see section 362.

def underground water obligation ins 2010 No. 53 s 206(2)

underground water rights means—

(a)for a 1923 Act petroleum tenure under the Petroleum Act 1923— the taking of water necessarily taken as part of production testing or petroleum production under 1 or more 1923 Act petroleum tenures; or

(b)for a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 —see section 185 (2) (a) of that Act.

def underground water rights ins 2010 No. 53 s 206(2)

unit of public administration ...

def unit of public administration ins 2006 No. 23 s 22(2)

om 2014 No. 21 s 94(2) sch 2

upstream limit ...

def upstream limit ins 2010 No. 12 s 248(2)

om 2014 No. 64 s 202(1)

urban area means an area identified as an area intended specifically for urban purposes, including future urban purposes (but not rural residential or future rural residential purposes) on a map in a planning scheme under the Planning Act that—

(a)identifies the areas using cadastral boundaries; and

(b)is used exclusively or primarily to assess development applications under that Act.

Example—

a zoning map

def urban area ins 2011 No. 40 s 93(2)

amd 2013 No. 23 s 306(5)

urban stormwater means water flowing over land, or in drainage pipes, in an urban area.

def urban stormwater ins 2011 No. 40 s 93(2)

urban water service means a drinking water service under the Water Supply Act or a retail water service.

def urban water service ins 2011 No. 8 s 115

vegetation means native plants including trees, shrubs, bushes, seedlings, saplings and reshoots.

def vegetation sub 2005 No. 42 s 52 sch 1; 2014 No. 40 s 149

volumetric limit see section 120B.

def volumetric limit ins 2003 No. 25 s 147(1)

water—

1

Generally, water means all or any of the following—

(a)water in a watercourse, lake or spring;

(b)underground water;

(c)overland flow water;

(d)water that has been collected in a dam.

2

In chapter 2A and section 1163, water also includes recycled and desalinated water, from any source.

def water amd 2003 No. 25 s 147(13)

sub 2006 No. 23 s 22(1)–(2)

amd 2008 No. 34 s 747(6A)

water activity, for a water authority, includes an activity for the following—

(a)water conservation;

(b)water supply;

(c)irrigation;

(d)drainage, including stormwater drainage;

(e)flood prevention;

(f)floodwater control;

(g)underground water supply improvement or replenishment;

(h)sewerage;

(i)anything else dealing with water management.

water advice ...

def water advice ins 2007 No. 57 s 104(2)

om 2008 No. 34 s 747(1)

water allocation means an authority granted under section 121 or 122 to take water, and includes an authority to take water converted under section 121A.

def water allocation amd 2013 No. 23 s 289(7)

water allocation change rules—

1

Water allocation change rules, for a resource operations plan, means the water allocation change rules included in the plan.

2

Water allocation change rules, for a resource operations plan, includes rules in the plan for changes to water allocations.

def water allocation change rules amd 2001 No. 75 s 116(12)

water allocation group means a group of water allocations mentioned in a water resource plan or a resource operations plan.

def water allocation group ins 2003 No. 25 s 147(1)

water allocation security objective means an objective that may be expressed as a performance indicator and is stated in a water resource plan for the protection of the probability of being able to obtain water in accordance with a water allocation.

water allocations register means the register kept under section 148.

water authority means a water authority established under this Act.

water bore means an artesian bore or a subartesian bore.

watercourse see section 5.

def watercourse amd 2001 No. 75 s 116(13); 2003 No. 25 s 147(14)

sub 2010 No. 12 s 248(1)–(2)

watercourse identification map see section 5AA.

def watercourse identification map ins 2014 No. 64 s 202(2)

water efficiency management plan ...

def water efficiency management plan ins 2006 No. 59 s 84(2)

amd 2008 No. 34 s 747(7)

om 2012 No. 39 s 78(1)

water entitlement means a water allocation, interim water allocation or water licence.

water grid manager ...

def water grid manager ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 102 sch pt 2

water in a watercourse or lake includes water collected in a dam across the watercourse or lake.

def water in a watercourse or lake ins 2003 No. 25 s 147(1)

water infrastructure means works operated by the State or the holder of an interim resource operations licence, resource operations licence or other authorisation that is relevant to the management of water entitlements.

water infrastructure owner, for a provision about a licence or a proposed licence, means the owner of the water infrastructure to which the licence or proposed licence applies or will apply.

def water infrastructure owner ins 2013 No. 23 s 289(2)

water level, of an aquifer, for chapter 3, see section 362.

def water level ins 2010 No. 53 s 206(2)

water licence means a licence granted under chapter 2, part 6, division 2.

water management area means—

(a)an area of the State declared under a regulation to be a water management area; or

(b)an area identified in a water resource plan or a resource operations plan as a water management area.

def water management area ins 2005 No. 19 s 173(2)

water monitoring authority means a water monitoring authority granted under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 .

def water monitoring authority ins 2010 No. 53 s 206(2)

water monitoring bore see section 362.

def water monitoring bore ins 2010 No. 53 s 206(2)

sub 2013 No. 23 s 289(1)–(2)

water monitoring strategy means a water monitoring strategy that complies with section 378.

def water monitoring strategy ins 2010 No. 53 s 206(2)

water permit means a permit granted under chapter 2, part 6, division 4.

water resource plan means a plan approved under section 50 (2).

water restriction ...

def water restriction om 2006 No. 23 s 22(1)

water security includes the reliability of water supply.

def water security ins 2006 No. 23 s 22(2)

sub 2011 No. 33 s 33; 2012 No. 29 s 19

water security program means a program that complies with section 353.

def water security program ins 2012 No. 39 s 78(2)

water service means—

(a)water harvesting or collection, including, for example, water storages, groundwater extraction or replenishment and river water extraction; or

(b)the transmission of water; or

(c)the reticulation of water; or

(d)drainage, other than stormwater drainage; or

(e)water treatment or recycling.

def water service amd 2001 No. 75 s 116(14); 2005 No. 19 s 173(6)

sub 2008 No. 34 s 747(1)–(2)

water service declaration ...

def water service declaration ins 2008 No. 34 s 747(2)

om 2012 No. 39 s 78(1)

water service provider means a person registered under the Water Supply Act, chapter 2, part 3 as a service provider for a water service.

def water service provider sub 2006 No. 23 s 22(1)–(2)

amd 2007 No. 57 s 104(3); 2008 No. 34 s 747(8)

sub 2012 No. 39 s 78(1)–(2)

water sharing rules means—

(a)for a water entitlement, or other authorisation to take water under this Act, managed under a resource operations plan—the water sharing rules included in the plan; or

(b)for a water licence, or other authorisation to take water under this Act, not managed under a resource operations plan—the water sharing rules prescribed under a regulation; or

(c)for an interim water allocation or other authorisation to take water under this Act managed under an interim resource operations licence—the water sharing rules included in the interim resource operations licence under which the interim water allocation or other authorisation is managed.

def water sharing rules sub 2001 No. 75 s 116(1)–(2); 2005 No. 19 s 173(1)–(2)

Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.

def Water Supply Act ins 2008 No. 34 s 747(2)

water supply emergency see section 25A.

def water supply emergency ins 2005 No. 56 s 17(1)

water supply emergency declaration means a declaration made under section 25B.

def water supply emergency declaration ins 2005 No. 56 s 17(1)

water supply emergency regulation see section 25F.

def water supply emergency regulation ins 2005 No. 56 s 17(1)

water supply emergency response see section 25C.

def water supply emergency response ins 2005 No. 56 s 17(1)

water supply scheme means a water supply scheme described in a water resource plan or a resource operations plan.

def water supply scheme ins 2003 No. 25 s 147(1)

water supply works means water infrastructure or other works for the supply of water or the storage, distribution or treatment of water.

def water supply works ins 2006 No. 23 s 22(2)

water year, for a resource operations plan, interim resource operations licence or water licence, means—

(a)the accounting period prescribed under a regulation for the plan or licence; or

(b)until a period is prescribed under paragraph (a)—the accounting period stated in the plan or licence for taking water under the plan or licence.

Webbe-Weller review means the document dated March 2009 and called ‘Brokering balance: A public interest map for Queensland Government bodies—An independent review of Queensland Government boards, committees and statutory authorities—Part B report’.

Editor’s note—

A copy of the report is available for inspection at <www.premiers.qld.gov.au/publications/categories/reviews/boards-committees/part-b-report.aspx>.

def Webbe-Weller review ins 2010 No. 20 s 118(2)

weir means a barrier constructed across a watercourse below the outer banks of the watercourse that hinders or obstructs the flow of water in the watercourse.

def weir amd 2010 No. 12 s 248(3)

Wenlock Basin, for chapter 8, part 3C, division 1, see section 992G.

def Wenlock Basin ins 2014 No. 64 s 202(2)

Wenlock Basin wild river area ...

def Wenlock Basin wild river area ins 2010 No. 52 s 55

om 2014 No. 64 s 202(1)

Wenlock Basin Wild River Declaration ...

def Wenlock Basin Wild River Declaration ins 2010 No. 52 s 55

om 2014 No. 64 s 202(1)

wild river area ...

def wild river area ins 2005 No. 42 s 52 sch 1

amd 2006 No. 59 s 85 sch

om 2014 No. 40 s 149(1)

wild river declaration ...

def wild river declaration ins 2005 No. 42 s 52 sch 1

amd 2006 No. 59 s 85 sch

om 2014 No. 40 s 149(1)

wild river floodplain management area ...

def wild river floodplain management area ins 2005 No. 42 s 52 sch 1

om 2014 No. 40 s 149(1)

wild river high preservation area ...

def wild river high preservation area ins 2005 No. 42 s 52 sch 1

om 2014 No. 40 s 149(1)

wild river preservation area ...

def wild river preservation area ins 2005 No. 42 s 52 sch 1

om 2014 No. 40 s 149(1)

wild river special floodplain management area ...

def wild river special floodplain management area ins 2010 No. 53 s 206(2)

om 2014 No. 40 s 149(1)

wild river subartesian management area ...

def wild river subartesian management area ins 2005 No. 42 s 52 sch 1

om 2014 No. 40 s 149(1)

work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.

def work performance arrangement ins 2007 No. 20 s 116

works means—

(a)operations of any kind and all things constructed, erected or installed for the purposes of this Act; and

(b)any land used for the operations.