Water Plan (Moreton) 2007

1Short title

This water plan may be cited as the Water Plan (Moreton) 2007 .

s 1 sub 2014 Act No. 64 s 255 sch 2

2Purposes of plan

The following are the purposes of this plan—

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

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

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

(d)to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;

(e)to provide a framework for—

(i)establishing water allocations to take surface water; and

(ii)granting and amending water entitlements for groundwater; and

(iii)granting water entitlements for overland flow water.

3Definitions

The dictionary in schedule 15 defines particular words used in this plan.

4Plan area

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

5Groundwater management areas, implementation areas and groundwater units

(1)Each part of the plan area that is within a groundwater management area shown on the map in schedule 2 is a groundwater management area for this plan.

(2)Each of the following parts of the plan area that is within the Lockyer Valley groundwater management area and shown on the map in schedule 3 is an implementation area for this plan—

(a)Central Lockyer Creek (implementation area 1);

(b)Upper Lockyer Creek, Flagstone Creek, Tenthill Creek and Ma Ma Creek (implementation area 2);

(c)Sandy Creek (parish of Blenheim) and Upper Laidley Creek (implementation area 3);

(d)Lower Lockyer Creek and Buaraba Creek (implementation area 4).

(3)Implementation areas 2, 3 and 4 consist of—

(a)alluvial aquifers (groundwater unit 1); and

(b)hard rock aquifers (groundwater unit 2).

(4)Implementation area 1 consists of groundwater unit 1.

6Subcatchment areas

Each part of the plan area that is within a subcatchment area shown on the map in schedule 4, and named in schedule 5, is a subcatchment area for this plan.

7Information about areas

(1)The exact location of the boundaries on maps shown in schedules 1 to 4 is held in digital electronic form by the department.

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

Editor’s note—

The boundary locations in digital electronic form may be inspected at the department’s offices at Landcentre, corner of Main and Vulture Streets, Woolloongabba and Gatton Research Station, Warrego Highway, Gatton.

8Nodes

(1)A node mentioned in this plan is a place—

(a)on a watercourse in the plan area; and

(b)for which environmental flow objectives are set for performance indicators.

(2)The location of each node is shown on the map in schedule 1 and described in schedule 6.

(3)Each node is identified on the map by a letter.

9Water to which plan applies

(1)This plan applies to the following water (surface water) in the plan area—

(a)water in a watercourse or lake;

(b)water in springs not connected to groundwater.

(2)This plan also applies to the following water in the plan area—

(a)groundwater, other than groundwater to which the Water Resource (Great Artesian Basin) Plan 2006 applies;

(b)overland flow water, other than water in springs connected to groundwater.

10Outcomes for water in plan area

Water is to be allocated and sustainably managed in a way that—

(a)recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and

(b)seeks to achieve a balance in the following outcomes—

(i)the general outcomes mentioned in section 11;

(ii)the ecological outcomes mentioned in section 12.

11General outcomes

(1)Each of the following is a general outcome for surface water in the plan area—

(a)to provide for additional water to be taken from the plan area for future water requirements;

(b)to protect the probability of taking water under water entitlements;

(c)to provide options for water users to implement their own provisions for security of supply;

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

(e)to encourage the efficient use of water;

(f)to ensure water is available for essential services;

(g)to achieve ecological outcomes consistent with supporting natural ecosystems by minimising changes to natural flow regimes;

(h)to allow water-related cultural use of parts of the plan area by the traditional owners of the area;

(i)to provide consistency between this plan and the SEQ regional plan.

(2)Each of the following is a general outcome for groundwater in the plan area—

(a)to provide for the continued use of all water entitlements and other authorisations to take or interfere with groundwater in the plan area;

(b)to encourage the efficient use of the water;

(c)to maintain long-term water quality;

(d)to protect, as far as practicable, baseflow to watercourses that support natural ecosystems;

(e)to allow water-related cultural use of parts of the plan area by the traditional owners of the area;

(f)to provide consistency between this plan and the SEQ regional plan.

(3)Each of the following is a general outcome for overland flow water in the plan area—

(a)to provide for the continued use of existing overland flow works;

(b)to encourage the efficient use of the water;

(c)to support natural ecosystems by minimising changes to natural flow regimes;

(d)to maintain run-off to achieve the general outcomes for surface water;

(e)to provide consistency between this plan and the SEQ regional plan.

12Ecological outcomes

(1)Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows—

(a)for Stanley River and tributaries, upstream of the impounded area of Woodford Weir—

(i)to minimise changes to flows that support river-forming processes; and

(ii)to minimise changes to the low flow regime;

(b)for Boondall Wetlands—to provide freshwater flows necessary to maintain the long-term pattern of inflows to, and ecological functions of, the wetlands;

(c)for estuarine reaches—to minimise changes to brackish water habitats;

(d)for Moreton Bay and Pumicestone Channel—to minimise changes to the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients and organic matter.

(2)In this section—

impounded area, of Woodford Weir, means the area of the weir that is inundated when the weir is at its full supply level.

13Application of pt 4

This part applies only to surface water.

14Performance indicators for environmental flow objectives

The performance indicators for the environmental flow objectives are—

(a)for assessing periods of low flow—

(i)50% daily flow; and

(ii)90% daily flow; and

(iii)daily flow less than 1ML; and

(iv)number of periods of no flow of at least 1 month but less than 3 months; and

(v)number of periods of no flow of at least 3 months but less than 6 months; and

(vi)number of periods of no flow of at least 6 months; and

(b)for assessing periods of medium to high flow—

(i)mean annual flow; and

(ii)1.5 year daily flow volume; and

(iii)5 year daily flow volume; and

(iv)20 year daily flow volume; and

(c)for assessing seasonal flow patterns—

(i)flow regime class; and

(ii)annual proportional flow deviation.

15Environmental flow objectives

The environmental flow objectives for this plan are stated in schedule 7.

16Performance indicators for water allocation security objectives

The performance indicators for the water allocation security objectives are—

(a)for taking supplemented water—monthly supplemented water sharing index; and

(b)for taking unsupplemented water for water allocations in a class A, B, C, D or E water allocation group—70% unsupplemented water sharing index.

17Water allocation security objectives

The water allocation security objectives for this plan are stated in schedule 8.

18Strategies for surface water

This part—

(a)applies to surface water; and

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

19Application of div 2

This division applies to decisions about the allocation or management of water in the plan area, other than a decision—

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

(b)to grant a water entitlement to a local government, government agency or the water grid manager for supply under operations or water infrastructure that were in existence on the commencement of this plan.

s 19 amd 2008 Act No. 34 s 751 sch 2

20Decisions consistent with objectives

Decisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—

(a)the environmental flow objectives stated in schedule 7; and

(b)the water allocation security objectives stated in schedule 8.

21Assessing impact of decisions

(1)The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.

(2)If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.

(3)The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.

22Decisions not to increase amount of water taken

(1)The chief executive must not make a decision that would increase the average volume of water available to be taken in the plan area.

(2) Subsection (1) does not apply to a decision—

(a)about unallocated water made under section 25; or

(b)about a water permit.

(3)For subsection (1), a decision includes a decision about an application for an authorisation to take water made but not dealt with before the commencement of this plan.

s 22 amd 2008 Act No. 34 s 751 sch 2

23Restriction on taking water from waterholes or lakes

(1)The chief executive may grant an authorisation to take water from a waterhole or lake only if—

(a)the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or

(b)the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental values of the waterhole or lake.

Example for paragraph (a)—

a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which the waterhole or lake naturally overflows

(2)In making a decision under subsection (1), the chief executive must consider—

(a)the impact the proposed taking of the water may have on the following—

(i)water quality;

(ii)brackish water habitats in estuarine reaches;

(iii)inundation of habitats;

(iv)the movement of fish and other aquatic species;

(v)the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;

(vi)recreation and aesthetic values;

(vii)cultural values including, for example, cultural values of the traditional owners of the area; and

(b)whether the proposed taking is likely to have a direct adverse effect on groundwater flows.

(3)An authorisation mentioned in subsection (1) does not include a water allocation converted from an authorisation under division 7.

(4) Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.

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

24Unallocated water held as strategic reserve

Unallocated water is held as a strategic reserve and dealt with under this division.

25Granting or reserving unallocated water

Unallocated water may be granted or reserved only—

(a)for infrastructure for a project declared under the State Development and Public Works Organisation Act 1971 , section 26, to be a significant project; or

(b)for infrastructure identified for—

(i)the SEQ regional plan; or

(ii)a regional water security program; or

(c)under a process in the resource operations plan.

26Matters chief executive must consider

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

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

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

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

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

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

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

(i)water quality;

(ii)brackish water habitats in estuarine reaches;

(iii)inundation of habitats;

(iv)the movement of fish and other aquatic species;

(v)the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;

(vi)recreation and aesthetic values;

(vii)cultural values, including, for example, cultural values of the traditional owners of the area; and

(d)whether the proposed taking or interfering with, or the proposed use of, the water is likely to—

(i)have a direct adverse effect on groundwater; or

(ii)lead to degradation, including salinity, of land or downstream watercourses; and

(e)whether the proposed use of the water is consistent with—

(i)the SEQ regional plan; and

(ii)any system operating plan applying to the plan area; and

(iii)any regional water security program for the SEQ region.

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

27Process for Act, ss 176 and 184A

(1)This division states a process for granting or amending an interim resource operations licence to meet future water requirements if unallocated water is granted or reserved for infrastructure mentioned in section 25 (a) or (b).

(2)This division applies only until it is replaced by a process stated in the resource operations plan.

28Applying for, or to amend, interim resource operations licence

(1)The chief executive may give notice to the proposed owner of infrastructure mentioned in section 25 (a) or (b) that the proposed owner must apply to the chief executive within a stated period for—

(a)an interim resource operations licence to operate the infrastructure; or

(b)an amendment of an interim resource operations licence, already held by the proposed owner, to operate the infrastructure.

(2)The stated period must be—

(a)for the grant of an interim resource operations licence—60 business days after the notice is given; or

(b)for the amendment of an interim resource operations licence—30 business days after the notice is given.

(3)The application must—

(a)be in the approved form; and

(b)include the following—

(i)details of the proposed infrastructure;

(ii)an assessment of the impact of constructing the infrastructure on—

(A)existing water entitlements to take water from existing water supply schemes affected by the proposed infrastructure; and

(B)the delivery and supply of water under the interim resource operations licences for the schemes; and

(C)existing water licences or other authorisations, other than water permits, affected by the proposed infrastructure, and the delivery and supply of water under the licences or authorisations;

(iii)the applicant’s proposal for minimising the impact of constructing the infrastructure on the holders of water entitlements and interim resource operations licences mentioned in subparagraph (ii);

(iv)proposed operating arrangements for the infrastructure;

(v)the entities to whom the applicant proposes to supply water;

(vi)the applicant’s proposal about the total interim water allocation to be managed under the proposed interim resource operations licence or proposed amendment of the interim resource operations licence;

(vii)any other information the applicant considers will assist the chief executive to decide the application; and

(c)be accompanied by the fee prescribed under a regulation.

(4)The chief executive may give a copy of the application to any entity the chief executive considers appropriate.

29Additional information may be required

(1)The chief executive may, by notice, 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 does not, without a reasonable excuse, comply with the requirement within the reasonable time stated in the notice, the application lapses.

30Matters chief executive must consider

(1)In deciding the application, the chief executive must consider—

(a)the application and any additional information given about the application; and

(b)the public interest.

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

31Deciding application

(1)If the chief executive is satisfied the application should be approved, or approved in part, the chief executive must approve all or part of the application, with or without conditions.

(2)If the chief executive grants or amends the interim resource operations licence, the chief executive must reserve, from the strategic reserve, unallocated water required for any proposed interim water allocations to which the approval applies.

32Amendment of interim resource operations licence by chief executive—Act, s 184A

(1)The chief executive may, at any time—

(a)amend an interim resource operations licence, granted or amended under section 31, to the extent the chief executive considers necessary to meet future water requirements; or

(b)amend any other interim resource operations licence as a consequence of the granting or amendment of an interim resource operations licence under section 31, to the extent the chief executive considers necessary to meet future water requirements.

(2)Before the chief executive acts under subsection (1), the chief executive must give the holder of the interim resource operations licence notice of the proposed amendment.

(3)The notice must—

(a)state the following—

(i)a summary of the proposed amendment;

(ii)the reasons for the proposed amendment;

(iii)that written submissions may be made by the holder about the proposed amendment;

(iv)the day by which, the person to whom, and the place where, the submissions must be made; and

(b)include a copy of the proposed amendment.

(4)The day stated under subsection (3) (a) (iv) must be at least 30 business days after the notice is given.

33Matters chief executive must consider

(1)In deciding whether to amend the interim resource operations licence, the chief executive must consider—

(a)any applications under section 28 for, or to amend, the interim resource operations licence and any additional information given about the applications; and

(b)any submissions made under section 32 (3) (a) about the proposed amendment; and

(c)the public interest.

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

34Deciding to amend interim resource operations licence

After considering the matters mentioned in section 33 (1) and any other matters the chief executive considers appropriate, the chief executive may amend the interim resource operations licence to the extent the chief executive considers necessary.

35Granting interim water allocations—Act, s 189

(1)This section applies to an amendment of an interim resource operations licence under section 31 or 34 if the chief executive is satisfied—

(a)construction of the infrastructure to which the interim resource operations licence relates is substantially complete and the infrastructure may be regarded as operational; and

(b)the operation of the infrastructure is, or will be, consistent with the objectives of this plan; and

(c)the interim resource operations licence holder has complied with the conditions of the licence in relation to the infrastructure.

(2)The chief executive must grant the interim water allocations to which the interim resource operations licence relates.

(3)However, the chief executive may, before acting under subsection (2), require the interim resource operations licence holder to give the chief executive the following information—

(a)the number of interim water allocations to which the interim resource operations licence is to relate;

(b)the volume of water that may be taken under each allocation;

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

(d)the priority group to which each allocation is to belong;

(e)the water sharing rules that are to apply.

36Water entitlements to be managed under resource operations licences

Water allocations for the following water supply schemes are to be managed under the resource operations licence for the scheme—

(a)Central Lockyer Valley water supply scheme;

(b)Lower Lockyer Valley water supply scheme;

(c)Warrill Valley water supply scheme.

s 36 amd 2008 Act No. 34 s 751 sch 2

sub 2014 SL No. 142 s 185

37Deciding operating arrangements and supply requirements

(1)In deciding the operating arrangements and supply requirements for water infrastructure and proposed water infrastructure under the resource operations licence for each water supply scheme mentioned in section 36, the chief executive must consider—

(a)the impact of the infrastructure’s or proposed infrastructure’s operation on the following—

(i)the water allocation security objectives;

(ii)water quality;

(iii)brackish water habitats in estuarine reaches;

(iv)instream water levels;

(v)erosion of the bed and banks of watercourses;

(vi)riparian vegetation;

(vii)the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;

(viii)recreation and aesthetic values of the plan area;

(ix)cultural values, including, for example, cultural values of the traditional owners of the plan area; and

(b)the impact of the infrastructure or proposed infrastructure on the movement of fish and other aquatic species; and

(c)the impact of the transfer of water between watercourses; and

(d)the likelihood of fish deaths caused by the operation of the infrastructure; and

(e)the joint operation of existing and proposed infrastructure; and

(f)any system operating plan applying to the plan area; and

(g)any regional water security program for the SEQ region.

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

s 37 amd 2014 SL No. 142 s 186

pt 5 div 6 sdiv 1 hdg om 2014 SL No. 142 s 187

pt 5 div 6 sdiv 2 hdg om 2014 SL No. 142 s 188

42Authorising existing taking of water from Morton Vale Pipeline

(1)The chief executive must grant an interim water allocation to the owners of land who have a contract with SunWater for taking water from the Morton Vale Pipeline.

(2) Subsection (1) applies on and from the day a regulation is made prescribing the matters mentioned in section 1014 (2) (ga) (i) of the Act.

43Application of div 7

This division applies to water allocations converted under the resource operations plan from authorisations.

s 43 sub 2014 SL No. 142 s 190

44Location for taking water

The location for taking water stated on a water allocation must include the place at which water could have been taken under the authorisation.

45Purpose to be stated on water allocation

The purpose stated on a water allocation must be—

(a)if the purpose stated on the authorisation is ‘distribution loss’—‘distribution loss’; or

(b)otherwise—‘any’.

46Nominal volume for water allocation

The nominal volume for a water allocation to take supplemented water is—

(a)if the authorisation states an annual volume—the stated volume; or

(b)if the authorisation is an interim water allocation to take supplemented water in the Central Lockyer Valley water supply scheme that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 3.4.

47Priority groups

(1)In the Central Brisbane River, Pine Valleys and Stanley River water supply schemes, a water allocation to take supplemented water belongs to—

(a)for an authorisation to take water that states a volumetric limit—the medium priority group; and

(b)for an authorisation to take water for water harvesting purposes in the Central Brisbane River water supply scheme—the medium priority group; and

(c)for other authorisations—the high priority A group.

(2)In the Central Lockyer Valley water supply scheme, a water allocation to take supplemented water or groundwater identified by an interim resource operations licence belongs to the medium priority group.

(3)In the Cressbrook Creek water supply scheme, a water allocation to take supplemented water belongs to the high priority A group.

(4)In the Lower Lockyer Valley water supply scheme, a water allocation to take supplemented water belongs to the medium priority group.

(5)In the Warrill Valley water supply scheme, a water allocation to take supplemented water belongs to—

(a)for an authorisation identified by an interim resource operations licence as high-A priority or high-B priority—the high priority C group; and

(b)for other authorisations—the medium priority group.

(6)In the Caboolture River, a water allocation to take supplemented water belongs to the high priority B group.

s 47 amd 2008 SL No. 362 s 3

48Elements of a water allocation

A water allocation to take unsupplemented water must state—

(a)the maximum rate at which water may be taken under the allocation; and

(b)the annual volumetric limit for the allocation.

s 48 sub 2014 SL No. 142 s 191

49Nominal volume for water allocation

In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive—

(a)must consider, for each authorisation—

(i)the local availability of water; and

(ii)the conditions under which water may be taken under the authorisation; and

(iii)the volume of water required to efficiently irrigate the area being irrigated under the authorisation; and

(iv)the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and

(v)the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and

(vi)the efficiency of the use of the water mentioned in subparagraph (v); and

(b)must ensure the following—

(i)for all authorisations in a class A water allocation group in a subcatchment area mentioned in schedule 10, column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 2 of the schedule for the subcatchment area;

(ii)for all authorisations in a class B water allocation group in a subcatchment area mentioned in schedule 10, column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 3 of the schedule for the subcatchment area;

(iii)for all authorisations in a class C water allocation group in a subcatchment area mentioned in schedule 10, column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 4 of the schedule for the subcatchment area;

(iv)for all authorisations in a class D water allocation group in a subcatchment area mentioned in schedule 10, column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 5 of the schedule for the subcatchment area;

(v)for all authorisations in a class E water allocation group in a subcatchment area mentioned in schedule 10, column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 6 of the schedule for the subcatchment area.

50Annual volumetric limit for water allocation

(1)The annual volumetric limit for a water allocation to take unsupplemented water is—

(a)if the authorisation states an annual volume of water—the stated volume; and

(b)if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to—

(i)the conditions under which water may be taken under the authorisation; and

(ii)the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and

(iii)the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and

(iv)the efficiency of the use of the water mentioned in subparagraph (iii).

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

52Maximum rates

The maximum rate at which unsupplemented water may be taken under a water allocation is—

(a)if the authorisation states a maximum rate—the stated rate; and

(b)if the authorisation does not state a maximum rate but a related development permit states a pump size mentioned in schedule 11, column 1—

(i)if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 11, column 2, for the pump size—the rate decided by the chief executive having regard to—

(A)the conditions under which water may be taken; and

(B)the water taking capacity of the pump to which the development permit relates (the existing pump) under normal operating conditions; and

(C)the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and

(D)the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or

(ii)otherwise—the rate stated in schedule 11, column 2, for the pump size; and

(c)if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 11, column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b)(i)(A) to (D); and

(d)if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to—

(i)the nature of the authorisation; and

(ii)an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.

53Conditions

In deciding the conditions under which water may be taken under a water allocation to take unsupplemented water, the chief executive must have regard to the conditions stated on the authorisation.

54Water allocation groups

A water allocation to take unsupplemented water belongs to—

(a)for an authorisation, or part of an authorisation, to take water for irrigation purposes or that the chief executive decides is for irrigation purposes—a class A water allocation group; or

(b)for an authorisation to take unsupplemented water in any of the following areas—a class B water allocation group—

(i)Central Brisbane River water supply scheme;

(ii)Central Lockyer Valley water supply scheme;

(iii)Lower Lockyer Valley water supply scheme;

(iv)Pine Valleys water supply scheme;

(v)Stanley River water supply scheme;

(vi)Warrill Valley water supply scheme; or

(c)for an authorisation to take unsupplemented water other than from a water supply scheme for water harvesting purposes or that the chief executive decides is for water harvesting purposes—a class C water allocation group; or

(d)for an authorisation for town water supply purposes—a class D water allocation group; or

(e)for any other authorisation—a class E water allocation group.

55Elements of a water licence

A water licence to take unsupplemented water must state—

(a)an annual volumetric limit; and

(b)the maximum rate at which water may be taken under the licence.

56Amending water licences

(1)This section applies to a water licence to take unsupplemented water in force on the commencement of this plan.

(2)The licence may be amended under a process in the resource operations plan to state the following—

(a)the purpose for which water may be taken under the licence;

(b)the annual volumetric limit for the licence;

(c)the maximum rate at which water may be taken under the licence;

(d)the flow conditions for the licence;

(e)any other conditions decided by the chief executive.

s 56 amd 2014 SL No. 142 s 193

57Annual volumetric limit for water licence

The annual volumetric limit to take unsupplemented water for a water licence mentioned in section 56 (1) is the annual volumetric limit mentioned in section 50 or decided by the chief executive under that section as if the water licence were a water allocation.

s 57 sub 2014 SL No. 142 s 194

58Maximum rates

The maximum rate at which unsupplemented water may be taken under a water licence mentioned in section 56 (1) is the maximum rate mentioned in section 52 or decided by the chief executive under that section as if the water licence were a water allocation.

s 58 sub 2014 SL No. 142 s 194

61Releasing water through fish ways

If water to which this plan applies can be released from a dam or weir through fish ways, the environmental management rules under the resource operations plan must provide for the release.

62Strategies for groundwater

This part—

(a)applies only to groundwater; and

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

63Limitation on taking groundwater—Act, s 20 (2)

A person may not take groundwater in the Cressbrook Creek alluvial groundwater management area (the management area) other than—

(a)for stock or domestic purposes; or

(b)under a water entitlement or water permit; or

(c)to allow monitoring or salinity control.

s 63 amd 2013 No. 23 s 352 sch 1 pt 2

64Decisions about taking groundwater

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

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

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

(a)about a water permit; or

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

(c)about water sharing rules; or

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

65Amending water licences to take groundwater

(1)This section applies to a water licence to take groundwater in force on the commencement of this plan.

(2)The chief executive may, under a process in the resource operation plan, amend the water licence to state—

(a)an annual volumetric limit for the licence; and

(b)any other condition decided by the chief executive.

(3)In deciding the annual volumetric limit for a water licence, the chief executive must have regard to—

(a)the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the water licence; and

(b)the annual volumes of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement of this plan; and

(c)the efficiency of the use of the water mentioned in paragraph (b); and

(d)the impact the taking of groundwater under the water licence has on the flow of surface water; and

(e)data collected by the chief executive about groundwater levels; and

(f)whether the amount of water to be taken under the water licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.

66Limitation on taking groundwater—Act, s 20 (2)

A person may not take groundwater in the Lockyer Valley groundwater management area (the management area) other than—

(a)for stock or domestic purposes; or

(b)under a water entitlement or water permit; or

(c)to allow monitoring or salinity control; or

(d)under an authorisation under section 72.

s 66 amd 2013 No. 23 s 352 sch 1 pt 2

67Decisions about taking groundwater

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

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

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

(a)about a water permit; or

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

(c)about water sharing rules; or

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

68Supplemented and unsupplemented groundwater areas

(1)Groundwater unit 1 in implementation area 1 consists of—

(a)the supplemented groundwater area; and

(b)the unsupplemented groundwater area.

Note—

See subdivision 4 (Water sharing rules) for the process for managing groundwater in the unsupplemented groundwater area.

(2)The supplemented groundwater area is supplemented by the release of surface water from the Central Lockyer Valley water supply scheme.

69Boundaries of supplemented groundwater area

The resource operations plan must state the boundaries of the supplemented groundwater area.

70Implementation areas 2 and 3

Groundwater unit 1 in implementation area 2 or 3 consists of the unsupplemented groundwater area.

Note—

See subdivision 4 (Water sharing rules) for the process for managing groundwater in the unsupplemented groundwater area.

71Implementation area 4

(1)This section applies if—

(a)a regulation is made under section 168 of the Act; and

(b)an interim resource operations licence for groundwater in implementation area 4 is granted under section 175 of the Act to a person nominated under the regulation.

(2)The resource operations plan must state the boundaries of the area in implementation area 4 supplemented by the release of surface water from the Lower Lockyer Valley water supply scheme.

72Continued taking of groundwater authorised

(1)An owner of land in implementation area 2, 3 or 4 who, on the commencement of this plan, is using an existing water bore on the land to take groundwater may continue to take groundwater using the bore.

(2) Subsection (3) applies if—

(a)the chief executive is reasonably satisfied the outcomes mentioned in part 3 or the objectives of this plan are not being achieved; and

(b)the resource operations plan does not state a process for granting, under section 212 of the Act, a water licence to replace an authority under subsection (1).

(3)The chief executive may, under section 212 of the Act, grant a water licence to the owner to take groundwater using the bore.

(4)The water licence must state an annual volumetric limit for the licence.

73Granting water licences

(1)This section applies if, under section 37 of the Act, a chief executive’s notice requires the owner of land in implementation area 2, 3 or 4 on which there are existing works for taking water to notify the chief executive of the works and the water use.

(2)After the chief executive receives the notice, the chief executive may, under section 212 of the Act, grant a water licence to the owner to continue to take groundwater using the works.

(3)For groundwater unit 2, the water licence must state an annual volumetric limit for the licence.

(4)In deciding the annual volumetric limit for the water licence for groundwater unit 2, the chief executive must have regard to—

(a)the water taking capacity of the works; and

(b)the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and

(c)the efficiency of the use of the water mentioned in paragraph (b); and

(d)data collected by the chief executive about groundwater levels; and

(e)whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.

s 73 amd 2011 Act No. 40 s 107 sch

74Water sharing rules for unsupplemented groundwater

(1)The resource operations plan must contain water sharing rules for the unsupplemented groundwater in groundwater unit 1 in the management area.

(2)In developing the water sharing rules for the management area, the chief executive must consult with water users and water service providers in the area.

75Amending water licences to state an annual volumetric limit

(1)This section applies if the chief executive is reasonably satisfied the water sharing rules for an implementation area are not achieving the outcomes mentioned in part 3 or the objectives of this plan.

(2)The chief executive may, under a process in the resource operations plan, amend the water licences in the implementation area to state annual volumetric limits for the licences.

76Limitation on taking groundwater—Act, s 20 (2)

A person may not take groundwater in the Warrill-Bremer alluvial groundwater management area (the management area) other than—

(a)for stock or domestic purposes; or

(b)under a water entitlement or water permit; or

(c)to allow monitoring or salinity control; or

(d)under an authorisation under section 78.

s 76 amd 2013 No. 23 s 352 sch 1 pt 2

77Decisions about taking groundwater

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

(2) Subsection (1) does not apply to a decision—

(a)about a water permit; or

(b)about water sharing rules; or

(c)about taking groundwater for an allowable urban purpose; or

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

78Continued taking of groundwater authorised

(1)An owner of land in the management area who, on the commencement of this plan, is using an existing water bore on the land to take groundwater may continue to take groundwater using the bore.

(2) Subsection (3) applies if—

(a)the chief executive is reasonably satisfied the outcomes mentioned in part 3 or the objectives of this plan are not being achieved; and

(b)the resource operations plan does not state a process for granting, under section 212 of the Act, a water licence to replace an authority under subsection (1).

(3)The chief executive may, under section 212 of the Act, grant a water licence to the owner to take groundwater using the bore.

(4)The water licence must state an annual volumetric limit for the licence.

79Granting water licences

(1)This section applies if, under section 37 of the Act, a chief executive’s notice requires the owner of land who is authorised under section 78 (1) to take groundwater using an existing water bore to notify the chief executive of the bore and the water use.

(2)After the chief executive receives the notice, the chief executive may, under section 212 of the Act, grant a water licence to the owner to take groundwater using the bore.

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

(a)the water taking capacity of the bore; and

(b)the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and

(c)the efficiency of the use of the water mentioned in paragraph (b); and

(d)the impact on surface water flows; and

(e)data collected by the chief executive about groundwater levels; and

(f)whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.

s 79 amd 2011 Act No. 40 s 107 sch

80Granting water licence to take groundwater for allowable urban purpose

(1)The chief executive may grant a water licence to take groundwater for an allowable urban purpose using a bore.

(2)The maximum rate at which groundwater may be taken under the water licence is 5L/sec.

81Boundaries of watercourse buffer zone

The watercourse buffer zone groundwater management area (the watercourse buffer zone) consists of, for each watercourse or lake mentioned in schedule 12, column 1—

(a)the reach of the watercourse or lake stated in column 2 of the schedule; and

(b)the area between the high bank of the watercourse or lake and the setback distance stated in column 3 of the schedule.

82Limitation on taking groundwater—Act, s 20 (2)

A person may not take groundwater in the watercourse buffer zone other than—

(a)for stock or domestic purposes; or

(b)to allow monitoring or salinity control; or

(c)under an authorisation under section 83.

s 82 amd 2013 No. 23 s 352 sch 1 pt 2

83Continued taking of groundwater authorised

The owner of land in the watercourse buffer zone on which an existing water bore is situated may continue to take groundwater using the bore.

85Limitation on taking overland flow water—Act, s 20 (2)

(1)A person may not take overland flow water other than—

(a)for stock or domestic purposes; or

(b)for another purpose using works having a capacity of not more than 5ML that allow the taking of overland flow water; or

(c)for a purpose that the chief executive reasonably considers is for water sensitive design, within the meaning of the SEQ regional plan, for developments in urban areas; or

(d)under an authorisation; or

(e)overland flow water of not more than the amount necessary to satisfy the requirements of—

(i)an environmental authority issued under the Environmental Protection Act 1994 ; or

(ii)a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or

(f)overland flow water that is contaminated agricultural runoff water; or

(g)under an authority under section 86.

(2)In this section—

contaminated agricultural runoff water has the meaning given by the ‘Code for assessable development for operational works for taking overland flow water’.

Editor’s note—

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

s 85 amd 2013 No. 23 s 352 sch 1 pt 2

86Taking water using existing or replacement of existing overland flow works authorised

(1)This section applies to the owner of land on which either of the following is situated—

(a)existing overland flow works;

(b)works that—

(i)are a replacement of existing overland flow works; and

(ii)do not increase the average annual volume of water taken above the average annual volume taken using the existing overland flow works.

(2)The owner may continue to take overland flow water using the works.

87Licensing existing taking of overland flow water using works

(1)This section applies if, under section 37 of the Act, a chief executive’s notice requires the owner of land who is authorised under section 86 to take overland flow water using works to notify the chief executive of the works and the water use.

(2)After the chief executive receives the notice, the chief executive may, under a process in the resource operations plan, grant a water licence to replace the authority.

s 87 amd 2011 Act No. 40 s 107 sch

pt hdg sub 2014 SL No. 142 s 197

90Monitoring and reporting requirements

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

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

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

(2) Also, a monitoring requirement for this plan is to monitor the pressure and levels of groundwater in the plan area.

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

s 90 sub 2014 SL No. 142 s 197

94Priority areas for converting to, or granting, water allocations

Each area described in schedule 13 is a priority area for this plan for the conversion to, or granting of, water allocations to take water in the plan area.

95Implementation schedule

(1)This section states—

(a)the proposed arrangements for implementing this plan; and

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

(2)Within 2 years after the commencement of this plan, it is proposed to prepare a resource operations plan—

(a)to convert authorisations in priority area 1 to water allocations; and

(b)to deal with unallocated surface water available for future water requirements in priority area 1; and

(c)to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 1; and

(d)to implement the monitoring requirements in part 9 for priority area 1.

(3)Within 4 years after the commencement, it is proposed to amend the resource operations plan—

(a)to convert authorisations in priority area 2 to water allocations; and

(b)to deal with unallocated surface water available for future water requirements in priority area 2; and

(c)to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 2; and

(d)to implement the monitoring requirements in part 9 for priority area 2.

(4)Within 6 years after the commencement, it is proposed to amend the resource operations plan—

(a)to convert authorisations in priority area 3 to water allocations; and

(b)to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 3; and

(c)to implement the monitoring requirements in part 9 for priority area 3.

(5)It is proposed to make a system operating plan that will apply to the plan area and, to the extent to which it applies to water entitlements in the water supply schemes, will state additional arrangements for taking water under the water entitlements.

Note—

See section 360V (Commission to make system operating plan for region) of the Act.

(6) Subsections (2) to (4) do not limit the matters that may be included in the resource operations plan.

96Minor or stated amendment of plan—Act, s 57

The following types of amendment may be made to this plan under section 57 (b) of the Act—

(a)an amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3;

(b)an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3;

(c)an amendment or addition of a priority area;

(d)an amendment or addition of a node;

(e)an amendment or addition of a priority group;

(f)an amendment or addition of a water allocation group;

(g)an amendment to subdivide a subcatchment area or amalgamate subcatchment areas;

(h)an amendment to the boundary of a groundwater management area;

(i)an amendment to the boundary of an implementation area;

(j)an amendment to subdivide an implementation area or amalgamate implementation areas;

(k)an amendment to the boundary, or the addition, of a watercourse buffer zone;

(l)an amendment to subdivide a volume, or amalgamate volumes, stated in schedule 10;

(m)an amendment of the type of water entitlement that may be granted for town water supply purposes;

(n)an amendment of the process in part 5, division 4, for granting or amending an interim resource operations licence;

(o)an amendment or addition of a monitoring or reporting requirement under part 9.

97Amending or replacing plan

The Minister must consider amending this plan or preparing a new plan to replace this plan if the Minister is satisfied—

(a)in relation to the outcomes mentioned in part 3—

(i)water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to—

(A)the extent to which water is being taken under the water entitlements; and

(B)the efficiency of present, and expected future, water use; and

(C)emerging requirements for additional water; and

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

(E)the likely timeframe in which additional water will be required; and

(ii)there are economically viable and ecologically sustainable uses for additional water; or

(b)the plan is inconsistent with the SEQ regional plan.

section 4

section 5 (1)

section 5 (2)

section 6

section 6

section 8

section 15

1At each node mentioned in table 1, column 1, the 50% daily flow for the pre-development flow pattern for a water flow season is stated in column 2 of the table.

Table 1

Column 1	Column 2
Node	50% daily flow in megalitres
	Feb–April water flow season	May–July water flow season	Aug–Nov water flow season	Dec–Jan water flow season
A	201	144	56	54
B	136	87	34	36
C	225	105	52	102
D	48	23	11	22
E	1588	844	582	1092
F	155	90	72	147
G	130	67	47	90
H	164	82	39	55

2At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 50% daily flow for the plan scenario flow pattern stated for the water flow season in table 1 is equalled or exceeded be at least the percentage stated in column 2 of the table for the water flow season.

Table 2

Column 1	Column 2
Node	Feb–April water flow season	May–July water flow season	Aug–Nov water flow season	Dec–Jan water flow season
A	46	45	35	42
B	29	26	27	36
C	25	19	15	26
D	45	42	30	41
E	25	18	12	20
F	32	26	20	32
G	17	14	5	13
H	46	43	33	43

3At each node mentioned in table 3, column 1, the 90% daily flow for the pre-development flow pattern for a water flow season is stated in column 2 of the table.

Table 3

Column 1	Column 2
Node	90% daily flow in megalitres
	Feb–April water flow season	May–July water flow season	Aug–Nov water flow season	Dec–Jan water flow season
A	7	38	6	0
B	1	15	2	0
C	31	30	14	14
D	7	6	2	3
E	318	277	191	261
F	48	36	29	38
G	17	12	7	11
H	17	21	9	5

4At each node mentioned in table 4, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 90% daily flow for the plan scenario flow pattern stated for the water flow season in table 3 is equalled or exceeded be at least the percentage stated in table 4, column 2, for the water flow season.

Table 4

Column 1	Column 2
Node	Feb–April water flow season	May–July water flow season	Aug–Nov water flow season	Dec–Jan water flow season
A	83	85	66	59
B	84	83	79	76
C	71	55	42	61
D	77	71	47	62
E	51	34	31	49
F	58	51	47	60
G	24	18	8	19
H	79	75	57	65

5At each node mentioned in table 5, column 1, the percentage of the total number of days in the simulation period on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2 of the table.

Table 5

Column 1	Column 2
Node	Minimum–maximum percentage
A	5–23
B	7–17
C	0–13
D	3–28
E	0–2
F	0–2
G	0–76
H	0–20

6At each node mentioned in table 6, column 1, minimise the extent to which—

(a)the number of periods of no flow of at least 1 month but less than 3 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 2 of the table; and

(b)the number of periods of no flow of at least 3 months but less than 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 3 of the table; and

(c)the number of periods of no flow of at least 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 4 of the table.

Table 6

Column 1	Column 2	Column 3	Column 4
Node	Minimum–maximum	Minimum–maximum	Minimum–maximum
A	4–67	—	—
B	4–25	—	—
C	0–16	0–1	0–0
D	1–70	—	—
E	0–2	0–1	0–0
F	0–2	0–1	0–0
G	0–112	0–46	0–46
H	2–45	0–16	0–3

(a)the annual proportional flow deviation (the APFD) be no greater than the APFD stated for the node in column 2 of the table; and

(b)the mean annual flow (the MAF), expressed as a percentage of the MAF for the pre-development flow pattern, be at least the percentage stated for the node in column 3 of the table; and

(c)the 1.5 year daily flow volume (the 1.5 year DFV), expressed as a percentage of the 1.5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 4 of the table; and

(d)the 5 year daily flow volume (the 5 year DFV), expressed as a percentage of the 5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 5 of the table; and

(e)the 20 year daily flow volume (the 20 year DFV), expressed as a percentage of the 20 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 6 of the table; and

(f)the flow regime class be maintained as late summer flow regime class.

Table 7

sch 7sub 2014 SL No. 142 s 198

section 17

1For water allocations in high priority A group—

(a)the monthly supplemented water sharing index be at least 95%; and

(b)the extent to which it is less than 100% be minimised.

2For water allocations in high priority B group—

(a)the monthly supplemented water sharing index be at least 85%; and

(b)the extent to which it is less than 90% be minimised.

3For water allocations in high priority C group—

(a)the monthly supplemented water sharing index be at least 75%; and

(b)the extent to which it is less than 85% be minimised.

4For water allocations in a medium priority group in the Central Brisbane River water supply scheme—

(a)the monthly supplemented water sharing index be at least 90%; and

(b)the extent to which it is less than 95% be minimised.

5For water allocations in a medium priority group in Laidley Creek in the Central Lockyer Valley water supply scheme, the extent to which the monthly supplemented water sharing index is less than 50% be minimised.

6For water allocations in a medium priority group in Lockyer Creek in the Central Lockyer Valley water supply scheme, the extent to which the monthly supplemented water sharing index is less than 65% be minimised.

7For water allocations in a medium priority group in the Lower Lockyer Valley water supply scheme, the extent to which the monthly supplemented water sharing index is less than 65% be minimised.

8For water allocations in a medium priority group in the Warrill Valley water supply scheme, the extent to which the monthly supplemented water sharing index is less than 45% be minimised.

1For water allocations in a class A water allocation group in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index for the group be at least the percentage stated, for the subcatchment area, in column 2 of the table.

2For water allocations in a class B water allocation group in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index for the group be at least the percentage stated, for the subcatchment area, in column 3 of the table.

3For water allocations in a class C water allocation group in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index for the group be at least the percentage stated, for the subcatchment area, in column 4 of the table.

4For water allocations in a class D water allocation group in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index for the group be at least the percentage stated, for the subcatchment area, in column 5 of the table.

5For water allocations in a class E water allocation group in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index for the group be at least the percentage stated, for the subcatchment area, in column 6 of the table.

Table 1

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Subcatchment area	70% UWSI—%	70% UWSI—%	70% UWSI—%	70% UWSI—%	70% UWSI—%
1	87	—	90	95	90
2	89	—	90	—	97
3	82	—	88	97	97
4	85	—	89	—	—
5	90	—	89	—	97
6	81	78	73	—	75
7	89	84	88	—	—
8	84	—	85	—	—
9	86	—	92	—	97
10	82	—	81	—	97
11	84	—	87	—	97

sch 8 amd 2008 SL No. 362 s 4

section 49

sch 10 amd 2008 SL No. 362 s 5

sections 52 and 58

section 81

section 94

1Priority area 1

Priority area 1 is the area of—

(a)the Central Brisbane River water supply scheme consisting of the following—

(i)full supply level of the impoundment of Wivenhoe Dam on the Brisbane River;

(ii)Brisbane River downstream of Wivenhoe Dam at AMTD 150.2km to Mt Crosby Weir at AMTD 90.8km; and

(b)the Cressbrook Creek water supply scheme consisting of the following—

(i)full supply level of the impoundment of Perseverance Dam on Perseverance Creek;

(ii)Perseverance Creek downstream of Perseverance Dam to its confluence with Cressbrook Creek;

(iii)Cressbrook Creek downstream from its confluence with Perseverance Creek to the full supply level of the impoundment of Cressbrook Dam;

(iv)full supply level of the impoundment of Cressbrook Dam on Cressbrook Creek; and

(c)the Pine Valleys water supply scheme consisting of the impoundment of North Pine Dam on North Pine River.

s 1 amd 2008 SL No. 362 s 6(1)–(4)

2Priority area 2

Priority area 2 is the area of—

(a)Boobir Creek Dam (including the ponded area) on Boobir Creek at AMTD 4.0km; and

(b)Caboolture River at AMTD 20.3km to the top of the river, including—

(i)Caboolture Weir (including the ponded area) on Caboolture River at AMTD 20.3km; and

(ii)Wararba Creek Weir (including the ponded area) on Wararba Creek at AMTD 2.0km; and

(c)Kilcoy Weir (including the ponded area) on Kilcoy Creek at AMTD 16.3km; and

(d)McCauley Weir (including the ponded area) on Cooyar Creek at AMTD 25.9km; and

(e)the Stanley River water supply scheme consisting of the full supply level of the impoundment of Somerset Dam on the Stanley River; and

(f)the Stanley River and its subcatchment area upstream of the Stanley River Water Supply Scheme; and

(g)Ted Pukallus Weir (including the ponded area) on Cooyar Creek at AMTD 48.0km; and

(h)Woodford Weir (including the ponded area) on Stanley River at AMTD 64.0km.

s 2 amd 2008 SL No. 362 s 6(5)–(7)

3Priority area 3

Priority area 3 is the area of the Warrill Valley water supply scheme consisting of the following—

(a)Black Gully at AMTD 0.0km to channel distance 11921m at trifurcation;

(b)Bremer River at AMTD 26.4km to AMTD 28.79km;

(c)East Branch Warrill Creek at AMTD 0.0km to AMTD 9.2km at the confluence with West Branch Warrill Creek (AMTD 28.25km);

(d)Kents Lagoon at AMTD 0.0km to AMTD 7.5km;

(e)Moogerah Dam (including the ponded area) on Reynolds Creek at AMTD 15.3km;

(f)Normanby Gully at AMTD 0.0km to AMTD 15.5km;

(g)Reynolds Creek at AMTD 0.0km to AMTD 15.3km;

(h)The Loop at AMTD 0.0km to channel distance 11988m at trifurcation;

(i)Warrill Creek at AMTD 28.25km to AMTD 63.3km;

(j)Warrill Creek at AMTD 0.0km to AMTD 21.0km;

(k)Warroolaba Creek at AMTD 0.0km to AMTD 5.5km;

(l)Washpool Gully at AMTD 0.0km to AMTD 7.2km;

(m)West Branch Warrill Creek at AMTD 21.0km to AMTD 28.25km;

(n)Black Gully Diversion;

(o)Kents Lagoon Diversion;

(p)Normanby Gully Diversion;

(q)The Loop Diversion;

(r)The Upper Warrill Diversion;

(s)Warroolaba Creek Diversion;

(t)West Branch Warrill Creek Diversion.

s 3 amd 2008 SL No. 362 s 6(8)

sch 15, definition annual proportional flow deviation

p= number of years

c_ij = modelled flow for month i in year j

n_ij = modelled natural flow for month i in year j

n_i = mean natural flow for month i across p years

section 3

1.5 year daily flow volume means the daily flow that has a 67% probability of being reached at least once a year.

5 year daily flow volume means the daily flow that has a 20% probability of being reached at least once a year.

20 year daily flow volume means the daily flow that has a 5% probability of being reached at least once a year.

50% daily flow, for a month, means the flow, in megalitres, that is equalled or exceeded on 50% of days in the month in the simulation period.

70% unsupplemented water sharing index, or 70% UWSI, for a group of water allocations for taking unsupplemented water in a subcatchment area, means—

(a)for the group of allocations in the subcatchment area converted from authorisations that stated the areas that may be irrigated—the percentage of the simulated mean annual diversion, for all those allocations, calculated to occur in at least 70% of years in the simulation period; and

(b)for the group of other allocations in the subcatchment area—the percentage of the simulated mean annual diversion, for all those allocations, calculated to occur in at least 70% of years in the simulation period.

90% daily flow, for a month, means the flow, in megalitres, that is equalled or exceeded on 90% of days in the month in the simulation period.

adopted middle thread distance means the distance in kilometres, measured along the middle of a watercourse, that a specific point in the watercourse is, at the commencement of this plan, from—

(a)the watercourse’s mouth; or

(b)if the watercourse is not a main watercourse—the watercourse’s confluence with its main watercourse.

allowable urban purpose, for taking groundwater, means—

(a)taking the groundwater for developments that use water sensitive design, within the meaning of the SEQ regional plan; or

(b)taking the groundwater for irrigating sporting fields or supplying the water to a toilet block, or for public amenity purposes, at a recreational or sporting facility; or

(c)taking, by a local government, the groundwater for maintenance, to provide for public amenity purposes, to enhance public safety or for projects for which the local government has a water efficiency plan; or

(d)taking the groundwater at an education institution if the use of the groundwater is not—

(i)for irrigation purposes; or

(ii)linked to a large scale research project.

AMTD means adopted middle thread distance.

annual proportional flow deviation, for a node, means the statistical measure of changes to flow season and volume in the simulation period, at the node, calculated using the formula in schedule 14.

annual variability, for a flow at a point in a watercourse, means the amount of change in the flow that happens between years.

annual volumetric limit, for an authorisation, means the maximum volume of water that may be taken under the authorisation in a water year.

authorisation means a water licence, water permit, interim water allocation or other authority to take water given under the Act or the repealed Act, other than a permit for stock or domestic purposes.

class A water allocation group means a class A water allocation group under section 54.

class B water allocation group means a class B water allocation group under section 54.

class C water allocation group means a class C water allocation group under section 54.

class D water allocation group means a class D water allocation group under section 54.

class E water allocation group means a class E water allocation group under section 54.

critical water supply arrangement ...

def critical water supply arrangement om 2014 SL No. 142 s 199(1)

daily flow, for a node, means the volume of water that flows past the node in a day.

daily volumetric limit ...

def daily volumetric limit om 2014 SL No. 142 s 199(1)

discharge, for a flow at a point in a watercourse, means the rate at which water passes the point, measured in cubic metres a second or megalitres a day.

ecological assets include a species, a group of species, a biological function, an ecosystem and a place of natural value.

existing overland flow works means works that—

(a)allow taking overland flow water; and

(b)either—

(i)were in existence on 24 March 2005; or

(ii)were started, but not completed by 24 March 2005 and—

(A)if a variation to a moratorium notice was granted for the works under section 27 of the Act—have been, or are being, completed in accordance with the moratorium notice, as varied; or

(B)if subsubparagraph (A) does not apply—were completed by 31 March 2006.

existing water bore—

1

Existing water bore means a water bore that—

(a)is able to take groundwater; and

(b)either—

(i)was in existence on 24 March 2005; or

(ii)was started, but not completed by 24 March 2005 and—

(A)if a variation to a moratorium notice was granted for the bore under section 27 of the Act—has been, or is being, completed in accordance with the moratorium notice, as varied; or

(B)if subsubparagraph (A) does not apply—was completed by 31 March 2006.

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

Note—

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

flow regime means the entire range of flows at a point in a watercourse including variations in the watercourse height, discharge, seasonality, annual variability and duration of a flow event.

flow regime class means the measure of flow regime seasonality worked out using the method stated in Haines, A.T., Finlayson, B.L. and McMahon, T.A., ‘A global classification of river regimes. Applied Geography, 1988’.

groundwater means underground water.

def groundwater sub 2016 SL No. 216 s 146 sch 20

groundwater management area means a groundwater management area under section 5 (1).

groundwater unit means an aquifer in a multi-layered aquifer system that is not hydraulically connected to another aquifer either above or below it.

groundwater unit 1 see section 5 (3) (a).

groundwater unit 2 see section 5 (3) (b).

high priority A group means the water allocations in a water supply scheme that are stated to be high priority A group in the water allocations register.

high priority B group means the water allocations in a water supply scheme that are stated to be high priority B group in the water allocations register.

high priority C group means the water allocations in a water supply scheme that are stated to be high priority C group in the water allocations register.

hydraulic habitat requirements, of an ecological asset, are the biophysical conditions created by aspects of the flow regime that are—

(a)required for a particular biological process or response to happen in relation to the asset; or

(b)necessary to maintain the long-term biological integrity of the asset.

implementation area means an implementation area under section 5 (2).

implementation area 1 see section 5 (2) (a).

implementation area 2 see section 5 (2) (b).

implementation area 3 see section 5 (2) (c).

implementation area 4 see section 5 (2) (d).

infrastructure operating rules, for infrastructure to which the resource operations plan applies, means the infrastructure operating rules included in the resource operations plan.

IQQM computer program means the department’s Integrated Quantity and Quality Modelling computer program, and associated statistical analysis and reporting programs, that simulate daily stream flows, flow management, storages, releases, instream infrastructure, water diversions, water demands and other hydrologic events in the plan area.

irrigation purposes means any of the following purposes—

(a)aquaculture;

(b)dairying;

(c)irrigation;

(d)piggery;

(e)stock or domestic purposes;

(f)water harvesting.

low flow regime, for a watercourse, means the minimum flows that provide a continuous flow through the watercourse.

management area—

(a)for part 6, division 2, see section 63; or

(b)for part 6, division 3, see section 66; or

(c)for part 6, division 4, see section 76.

mean annual flow, for a node, means the total volume of flow, at the node, in the simulation period divided by the number of years in the simulation period.

medium priority group means the water allocations in a water supply scheme that are stated to be medium priority group in the water allocations register.

monthly supplemented water sharing index, for water allocations in a water supply scheme, means the percentage of months in the simulation period in which the allocations are fully supplied.

monthly volumetric limit ...

def monthly volumetric limit om 2014 SL No. 142 s 199(1)

node see section 8.

period of no flow, for a node, means a period in which the flow of water in the watercourse at the node is less than 1ML a day.

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

plan scenario flow pattern means the pattern of water flows, during the simulation period, decided by the chief executive using the IQQM computer program as if—

(a)all unallocated water in the strategic reserve and general reserve is being taken; and

(b)the maximum volume allowed to be taken under each authorisation in the plan area is being taken.

pre-development flow pattern means the pattern of water flows, during the simulation period, decided by the chief executive using the IQQM computer program as if—

(a)there were no dams or other water infrastructure in the plan area; and

(b)no water was taken under authorisations in the plan area.

priority area see section 94.

priority area 1 see schedule 13, section 1.

priority area 2 see schedule 13, section 2.

priority area 3 see schedule 13, section 3.

related development permit, for an authorisation, means the development permit for the works for taking water under the authorisation.

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

Note—

See the Act, section 1266.

def resource operations plan amd 2016 SL No. 216 s 146 sch 20

seasonality, for a flow at a point in a watercourse, means the time of year when the flow happens.

SEQ regional plan means the regional plan for the SEQ region under the Sustainable Planning Act 2009 .

def SEQ regional plan sub 2009 SL No. 280 s 197

simulated mean annual diversion, for a water allocation or group of water allocations, means the total volume of water simulated to have been taken under the allocation or group, if the allocation or group were in existence for the whole of the simulation period, divided by the number of years in the simulation period.

simulation period means the period from 1 July 1889 to 30 June 2000.

started, for an existing water bore or existing overland flow works, means—

(a)construction of the bore or works had physically begun or, if construction had not physically begun, a contract had been entered into to begin construction; and

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

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

(d)if a permit under the Local Government Act 1993 , section 940, was required for the bore or works—the permit had been issued; and

(e)if a development permit was required for the bore or works—the permit had been given.

subcatchment area see section 6.

SunWater means the entity continued in existence under the Government Owned Corporations Regulation 2004 , section 34.

supplemented groundwater means groundwater that is recharged by water supplied under an interim resource operations licence, resource operations licence or other authority to operate water infrastructure.

supplemented groundwater area, for groundwater unit 1 in an implementation area, means the part of the groundwater unit in the implementation area that contains supplemented groundwater.

supplemented water means surface water supplied under an interim resource operations licence, resource operations licence or other authority to operate water infrastructure.

surface water see section 9 (1).

this plan means this water resource plan.

traditional owners, of an area, means the Aboriginal people who identify as descendants of the original inhabitants of the area.

unsupplemented groundwater means groundwater that is not supplemented groundwater.

unsupplemented groundwater area, for groundwater unit 1 in an implementation area, means the part of the groundwater unit in the implementation area that does not contain supplemented groundwater.

unsupplemented water means surface water that is not supplemented water.

watercourse buffer zone see section 81.

water flow season means any of the following periods in a year—

(a)

the period from 1 February to 30 April (Feb–April water flow season);

(b)

the period from 1 May to 31 July (May–July water flow season);

(c)

the period from 1 August to 30 November (Aug–Nov water flow season);

(d)

the period from 1 December to 31 January (Dec–Jan water flow season).

def water flow season ins 2014 SL No. 142 s 199(2)