Water Regulation 2016

1Short title

This regulation may be cited as the Water Regulation 2016.

2Commencement

This regulation commences on the commencement of the Water Reform and Other Legislation Amendment Act 2014, section 68.

3Definitions

The dictionary in schedule 19 defines particular words used in this regulation.

4Purpose of division

The purpose of this division is to support the application of the provisions of the Act relating to the identification of watercourses and establishing the location of outer banks of watercourses.

5Meaning of terms used in division

(1)If a term used in this division is defined in chapter 1, part 2 of the Act, or in schedule 4 of the Act to the extent it supports the operation of chapter 1, part 2 of the Act, the term has the same meaning in this division and in schedule 1.

(2)However, a reference to a watercourse is not intended to be limited in the way provided for in section 5(4) of the Act.

6Diagram depicting different valley reaches

Diagram A in schedule 1, part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.

7Explanations and accompanying cross-section diagrams for typical upper valley reach

Schedule 1, part 2—

(a)gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and

(b)includes a diagram (diagram B) in cross-section form that depicts the natural features that are likely to be found in a typical upper valley reach; and

(c)includes a diagram (diagram C) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in an upper valley reach and that can help in locating outer banks.

8Explanations and accompanying cross-section diagrams for typical middle valley reach

Schedule 1, part 3—

(a)gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and

(b)includes a diagram (diagram D) in cross-section form that depicts the natural features that are likely to be found in a typical middle valley reach; and

(c)includes a diagram (diagram E) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a middle valley reach and that can help in locating outer banks.

9Explanations and accompanying cross-section diagrams for typical lower valley reach

(1)Schedule 1, part 4—

(a)gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and

(b)includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and

(c)includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks.

(2)Schedule 1, part 4 also includes—

(a)a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and

(b)a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment.

10Additional information about applicability of cross-section diagrams

(1)For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1, parts 2, 3 and 4.

Example—

The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section.

(2)Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located.

11Explanation about valley margins

(1)Schedule 1 includes a number of references to valley margins.

(2)A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor.

(3)A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole.

Example—

A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge.

12Explanation about terraces

(1)Schedule 1 includes a number of references to terraces.

(2)A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse.

(3)A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.

13Notice of works and water use—Act, s 36

For section 36(3)(b) of the Act, a chief executive’s notice must state the following matters—

(a)the land to which the notice applies;

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

(c)which 1 or more of the following the notice relates to—

(i)existing works;

(ii)works under construction;

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

(d)an expiry date of the notice;

(e)the proposed consultation arrangements for the notice.

14Particular unallocated water reserved—Act, s 39

For section 39(a) of the Act, unallocated water, that is described in schedule 2, is reserved for a part of the State or for particular water to which no water plan applies.

15Public consultation

(1)If the Minister proposes to reserve unallocated water, the Minister may decide whether public consultation on the proposal is required.

(2)If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating—

(a)the location of the unallocated water; and

(b)the type of water to be reserved; and

(c)the purpose for which the water is to be reserved; and

(d)the volume of water to be reserved; and

(e)the proposed consultation arrangements; and

(f)where information about the proposed unallocated water reserve is available for public access.

16Public auction, tender, fixed price sale or grant for a particular purpose—Act, s 39

This division prescribes, for section 39(b) of the Act, the processes for releasing unallocated water by—

(a)public auction; or

(b)tender; or

(c)fixed price sale; or

(d)grant for a particular purpose.

17Public notice of availability of water

(1)The chief executive must publish a notice about the availability of the water by auction or tender.

(2)The notice must be published before—

(a)the day the auction is held; or

(b)the start of the period in which tenders may be made.

(3)The notice must state the following—

(a)whether the water is being sold by public auction or tender;

(b)the type of water entitlement to be granted for the sale;

(c)details as follows for identifying the water—

(i)any water plan or water management protocol under which the water is available;

(ii)the purpose for which the water is available;

(d)other details, if any, sufficient to identify the water, including, for example—

(i)if the water is described in schedule 2—the water so described; and

(ii)the volume of water available to be sold; and

(iii)the location from which the water may be taken;

(e)for an auction—where and when the auction is to be held;

(f)for a tender—

(i)the day (the closing day) by which tenders must be made; and

(ii)the place where tenders must be lodged or the way tenders must be lodged electronically;

(g)where the terms of sale are available;

(h)anything else relating to the proposed sale the chief executive considers appropriate.

(4)The chief executive may publish a notice about the availability of the water by fixed price sale.

18Terms of sale or grant

The chief executive may decide the terms—

(a)of a sale of water under this division; or

Note—

Under section 40 of the Act, the chief executive may set a price for the sale of the water.

(b)for granting water for a particular purpose under this division.

19Failure to complete purchase

(1)This section applies if—

(a)a person enters into an agreement under this division to purchase water; and

(b)the person does not complete the purchase in accordance with the terms of sale.

(2)Any deposit paid by the person is forfeited to the State and the State may otherwise deal with the water under this division.

20Selling water after auction or tender process

If the water is not sold under an auction or tender process, the State may sell all or part of the water on the terms decided by the chief executive.

21Sale of water may be withdrawn

(1)The chief executive may withdraw a sale under this division of all or part of the water—

(a)for a sale by auction—

(i)before the auction; or

(ii)if the water is not sold at the auction, after the auction; or

(b)for a sale by tender—before the closing day for the tender; or

(c)for a fixed price sale—before an agreement is entered into under this division for the sale.

(2)If a sale is withdrawn under subsection (1)(a) or (b), the chief executive must publish a notice about the withdrawal.

22Minister’s reports on water plans—Act, s 49

(1)This section prescribes, for section 49(2)(a) of the Act, the times at which the Minister must prepare reports about each water plan and the matters a report must state.

(2)The Minister must prepare the following reports about each water plan—

(a)an initial report within 5 years after the commencement of the plan; and

(b)a subsequent report each no more than 5 years after the previous report.

(3)The Minister’s report about a water plan must state the following—

(a)whether the plan is advancing the sustainable management of Queensland’s water resources;

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

(c)information on water use and authorisations in the plan area, including—

(i)water entitlements; and

(ii)water taken or interfered with under statutory authorisations;

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

(e)any identified risks to the plan’s outcomes;

(f)what amendments, if any, have been made to the plan since its commencement;

(g)any noncompliance under a water entitlement or other authorisation in the plan area.

23Prescribed purpose for which constructing authority may take water—Act, s 99

For section 99(2)(b) of the Act, the taking of water by a constructing authority for the purpose of constructing or maintaining infrastructure that the constructing authority may lawfully construct or maintain is prescribed.

24Prescribed conditions on taking water by constructing authority—Act, s 99

For section 99(2)(c)(i) of the Act, the taking of water by a constructing authority is subject to the condition that the taking of water by the constructing authority is done in accordance with the document called ‘Exemption requirements for constructing authorities for the taking of water without a water entitlement’ approved by the chief executive.

25Prescribed activities—Act, s 101

(1)Each activity mentioned in schedule 3 is prescribed for section 101(1)(a) of the Act.

(2)However, subsection (1) does not apply to the extent the water for the activity is taken from an area to which a water supply scheme applies, unless the water is taken by a person who holds—

(a)a resource operations licence for the water supply scheme; or

(b)an interim resource operations licence for the water supply scheme; or

(c)a distribution operations licence for the water supply scheme.

s 25 amd 2017 SL No. 122 s 5

26Prescribed entities—Act, s 104, definition prescribed entity

For section 104 of the Act, definition prescribed entity, paragraph (l), the entities mentioned in schedule 4 are prescribed.

27Water sharing rules—Act, schedule 4, definition water sharing rules

(1)For schedule 4 of the Act, definition water sharing rules, paragraph (c), the water sharing rules for taking water from a water management area, or a part of the area, mentioned in schedule 5, column 1, are opposite the area in column 2.

Editor's note—

A copy of the water sharing rules for a water management area, or a part of the area, may be obtained from the department’s regional office for the area.

(2)The water sharing rules for taking water from a particular water management area, or a part of the area, may state the following—

(a)if, under the rules, the chief executive is required to decide an announced entitlement—

(i)how the announced entitlement is decided; and

(ii)whether the announced entitlement may be varied during the water year; and

(iii)whether the announced entitlement applies in relation to the taking of water for a particular purpose;

(b)the extent to which, and the conditions on which, carry overs and forward draws may be authorised in the area, or the part of the area.

(3)Subsection (2) does not limit the matters that may be stated in the water sharing rules.

28Nominal entitlement

(1)A nominal entitlement is the volume of water authorised to be taken during a water year under a water licence.

(2)However, the volume of water that may be taken during a particular water year is the annual entitlement for the water year.

29Announced entitlement

(1)If the water sharing rules for taking water from a water management area, or a part of the area, require the chief executive to decide an announced entitlement, the chief executive must—

(a)decide the announced entitlement before the start of the water year to which the announced entitlement relates; and

(b)publish the announced entitlement.

(2)An announced entitlement is a percentage of a nominal entitlement.

(3)In deciding an announced entitlement, the chief executive must consider—

(a)the following to the extent appropriate for the water management area, or the part of the area, to which the entitlement relates—

(i)trends in underground water levels;

(ii)long-term average sustainable yield;

(iii)historical water use;

(iv)anticipated water use;

(v)water available to supplement water licences in the area;

(vi)weather conditions, including weather forecasts; and

(b)the water sharing rules for taking water from the area.

(4)If the chief executive varies an announced entitlement during a water year, subsection (1)(b) applies to the varied announced entitlement.

30Annual entitlement

(1)If, for a water year, the chief executive has decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence to which the announced entitlement relates is calculated by—

(a)multiplying the nominal entitlement for the water licence by the announced entitlement; and

(b)adjusting the volume for any carry over or forward draw that applies to the licence for the water year.

(2)If, for a water year, the chief executive has not decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence in the area or the part of the area is the nominal entitlement for the licence adjusted for any carry over or forward draw that applies to the licence for the water year.

31Particular water licences may be transferred, amended or amalgamated

(1)This section applies to a water licence for the taking of water from a location in a relevant water management area.

(2)All or part of the licence may be—

(a)if the licence attaches to land—transferred so that the whole or the part attaches to other land, whether in or outside Queensland; or

(b)transferred to a prescribed person within the meaning of section 126(3) of the Act; or

(c)amended to change the location from which the water may be taken or the purpose for which the water may be taken; or

(d)amalgamated with another licence held or to be held by the transferee.

(3)In this section—

relevant water management area means a water management area—

(a)declared by the chief executive under section 137(1); and

(b)for which water sharing rules for the taking of water from the area allow for the transfer, amendment or amalgamation of all or part of a water licence.

32Purpose of subdivision

(1)This subdivision states the process for dealing with an application for the transfer, amendment or amalgamation of an original licence.

(2)Each of the following water licences, for taking water, is an original licence—

(a)a licence to which section 31 applies;

(b)a licence if, under a water management protocol, there may be a transfer, amendment or amalgamation of all or part of the licence.

33Definitions for subdivision

In this subdivision—

amalgamation, in relation to an original licence, means amalgamation of the original licence with another water licence held or to be held by the transferee.

amendment, in relation to an original licence, means amendment of the original licence to change the location from which water may be taken or the purpose for which water may be taken.

new licence means the water licence that the chief executive may issue under this subdivision after a transfer, amendment or amalgamation of the original licence.

original licence see section 32(2).

transfer, in relation to an original licence, means a transfer of the original licence—

(a)if the original licence attaches to land—so that the original licence attaches to other land, whether in or outside Queensland; or

(b)to a prescribed person within the meaning of section 126(3) of the Act.

transfer notice see section 37(2).

34Application to transfer, amend or amalgamate water licences

(1)A person may, in relation to an original licence, apply to the chief executive for a transfer, amendment or amalgamation.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)for a transfer or amalgamation—made jointly by the following—

(i)the holder of the original licence;

(ii)the proposed transferee.

(3)The application must—

(a)state each of the following—

(i)details of the original licence;

(ii)if the original licence, or part of the licence, is to be amalgamated with the transferee’s water licence—details of the transferee’s licence;

(iii)the purpose for which the water will be taken under the new licence;

(iv)details of the location of the proposed taking of water under the new licence;

(v)the volume of water proposed to be taken under the new licence; and

(b)be accompanied by—

(i)a statutory declaration by the holder of the original licence that each person (an interested entity) who has a financial or other interest in the land of the holder for which the licence is held has been given notice of the proposed transfer, amendment or amalgamation; and

(ii)the written consent of each interested entity to the proposed transfer, amendment or amalgamation; and

(iii)the application fee.

(4)The application can be for 1 or more transfers, amendments or amalgamations.

35Criteria for deciding application

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

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

(b)each of the following that apply to the original licence the subject of the application—

(i)a water plan;

(ii)a water management protocol, including, in particular, the rules stated in the protocol for transferring, amending or amalgamating water licences;

(iii)water sharing rules, to the extent the rules are about transferring, amending or amalgamating water licences.

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

36Deciding application

(1)After considering the matters mentioned in section 35, the chief executive may—

(a)refuse the application; or

(b)approve the application with or without conditions.

(2)Subsection (3) applies if approving the application would be inconsistent with a water plan or water management protocol.

(3)The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application.

(4)Subsection (5) applies if the chief executive makes a decision consistent with the water plan or water management protocol, if no other decision could have been made.

(5)The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application.

(6)Subsection (7) applies if—

(a)a water plan or water management protocol does not apply to the water the subject of the application; or

(b)the chief executive makes a decision consistent with the water plan or water management protocol and a different decision consistent with the plan could have been made.

(7)The chief executive must give the applicant an information notice about the decision within 30 business days after deciding the application.

37Intention to proceed

(1)This section applies if the applicant—

(a)is given an information notice for the decision; and

(b)is eligible to proceed with the transfer, amendment or amalgamation; and

(c)intends to proceed with the transfer, amendment or amalgamation.

(2)The applicant must give the chief executive notice in the approved form (a transfer notice) within 30 business days after—

(a)if the applicant appeals against the decision—the day the appeal is finally decided; or

(b)otherwise—the day the applicant receives the information notice.

(3)For subsection (1)(b), the applicant is eligible to proceed with the transfer, amendment or amalgamation if—

(a)the chief executive has approved the application with or without conditions; or

(b)the applicant appeals against the decision and the decision is confirmed, amended or substituted so that the application is approved with or without conditions.

38Completion of transfer, amendment or amalgamation

(1)This section applies if the chief executive—

(a)gives the applicant notice of the decision, other than an information notice; or

(b)receives a transfer notice within the period mentioned in section 37(2).

(2)The chief executive may require the proposed transferee to give a document evidencing ownership of land to which the new licence will attach.

(3)The chief executive must cancel, amend or subdivide the original licence, or issue a new licence, necessary to give effect to the transfer, amendment or amalgamation within 30 business days after—

(a)if the chief executive has, under subsection (2), required the proposed transferee to give a document—the day the chief executive receives the document; or

(b)if the chief executive receives a transfer notice—the day the chief executive receives the notice; or

(c)otherwise—the day the chief executive gives notice of the decision under section 36(3) or (5).

39Seasonal water assignments and rules—Act, s 127

For section 127(2)(b) of the Act—

(a)seasonal water assignments are allowed in a water management area, or a part of the area, mentioned in schedule 6, column 1, for a water licence mentioned for the area in column 2; and

(b)the seasonal water assignment rules for a water management area, or a part of the area, stated, for the area, in column 3 are prescribed.

Editor's note—

A copy of seasonal water assignment rules mentioned in schedule 6 may be obtained from the department’s regional office for the area to which the rules relate.

40Effect of licensee ceasing to be an owner of land

(1)If a water licence attaches to land and the licensee ceases to be an owner of the land, on the day the licensee ceases to be the owner—

(a)the licensee ceases to be the holder of the licence; and

(b)the registered owner of the land becomes the new licensee.

(2)The chief executive must give the new licensee a new licence that has the same effect as the previous licence.

41Effect of disposal of part of land to which water licence to take water attaches

(1) This section applies if—

(a)a water licence of either of the following types attaches to land—

(i)a licence to take water;

(ii)a licence mentioned in section 107(1)(c) of the Act; and

(b)the registered owner of the land disposes of part of the land.

(2)On the day the registered 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.

Note—

See section 121 of the Act about who may apply for a dealing with a water licence.

42Effect 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)Subsection (3) applies 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.

(3)The licence attaches to the part and the chief executive must amend the licence under section 132 of the Act, to show the change.

(4)Subsection (5) applies 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.

(5)The chief executive must amend the licence under section 132 of the Act, so that the licence is held jointly by both the owner of the part retained and the owner of the part disposed of.

43Effect of acquisition or disposal of part of land

(1)This section 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 a transfer of the licence, the chief executive must record the transfer in the department’s records as if the transfer were a proposed dealing mentioned in section 131(1) of the Act.

(3)If water that may be taken under the licence can still be taken from the original source on or adjoining the remaining part of the land, the chief executive must amend the licence under section 132 of the Act, so the licence attaches to the remaining part of the land.

(4)If the remaining part of the land no longer adjoins the original source, on the day the acquisition or disposal happens the water licence is taken to be held jointly by all owners of the land to which the licence attaches.

Note—

See section 121 of the Act about who may apply for a dealing with a water licence.

44Criteria and application of criteria—Act, s 39

(1)For section 39(c) of the Act, the criteria for establishing the elements of proposed water allocations to be granted on conversion from a water entitlement or other authorisation (each an existing authorisation) are—

(a)to the extent a relevant water plan applies the criteria stated in subdivision 2 or 3—the criteria; and

(b)any criteria in a relevant water plan for converting an existing authorisation to a water allocation.

(2)If there is an inconsistency between criteria mentioned in subsection (1)(a) and criteria mentioned in subsection (1)(b), the criteria mentioned in subsection (1)(b) prevail.

45Nominal volume based on nominal entitlement

(1)If a water plan states that the nominal volume for a water allocation is to be based on the nominal entitlement for the existing authorisation, the nominal volume for the allocation is the nominal entitlement stated on the existing authorisation.

(2)In this section—

nominal entitlement means—

(a)for a water licence—see section 28; or

(b)for a continuing interim water allocation—the volume of water stated on the allocation that may be taken in a period of 12 months.

46Nominal volume based on assessment of water taken under existing authorisation

(1)If a water plan states that the nominal volume for a water allocation is to be based on an assessment of the water taken under the existing authorisation, the chief executive must decide the nominal volume having regard to the following—

(a)the local availability of water;

(b)the conditions under which water may be taken under the existing authorisation;

(c)if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume;

(d)the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation;

(e)any other criteria, for making the decision, stated in the relevant water plan.

(2)For subsection (1)(a), the local availability of water includes consideration of the volume of water worked out or estimated by the chief executive to have been able to be taken by authorisations, other than the existing authorisation, that would have affected access to water under the existing authorisation.

47Volumetric limit based on limit stated on existing authorisation

(1)If a water plan states that the volumetric limit for a water allocation is to be based on the limit stated on the existing authorisation, the volumetric limit for the allocation is the volume of water that may be taken in a period of 12 months stated on the allocation.

(2)However, if the water plan states an alternative period, the volumetric limit for the water allocation is the volume of water allowed to be taken under the existing authorisation in the period stated in the water plan.

48Volumetric limit based on area stated on existing authorisation

If a water plan states that the volumetric limit for a water allocation is to be based on the area able to be irrigated that is stated on the existing authorisation, the volumetric limit for the allocation is the area stated as being able to be irrigated on the existing authorisation multiplied by the factor stated in the water plan.

49Volumetric limit if no limit is stated on existing authorisation

If a water plan states that the volumetric limit for a water allocation is to be based on an assessment of water taken under the existing authorisation and the efficiency of the use of the water, the volumetric limit for the allocation is the volume decided by the chief executive having regard to the following—

(a)the conditions under which water may be taken under the existing authorisation;

(b)the water taking capacity of any works for taking water under the allocation;

(c)the volume of water required for the allocation’s intended purpose;

(d)the annual volumes of water for the period stated in the relevant water plan estimated by the chief executive to have been taken under the existing authorisation with the works that were in place immediately before the commencement of this section;

(e)the efficiency of the use of the water mentioned in paragraph (d);

(f)any other criteria, for making the decision, stated in the relevant water plan.

50Maximum rate for water allocation based on rate stated on existing authorisation

If a water plan states that the maximum rate for a water allocation is to be based on the maximum rate for the existing authorisation, the maximum rate for the allocation is the maximum rate for taking water under the existing authorisation.

51Maximum rate for water allocation based on related development permit

(1)Subsection (2) applies if a water plan states that the maximum rate for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation.

(2)The maximum rate for the allocation is—

(a)if the water plan states the maximum rate for taking water in litres per second and—

(i)the pump size is mentioned in schedule 7, column 1—the rate stated in schedule 7, column 2, for the pump size; or

(ii)the pump size is not mentioned in schedule 7, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7, column 2; or

(b)if the water plan states the maximum rate for taking water in megalitres per day and—

(i)the pump size is mentioned in schedule 7, column 1—the rate stated in schedule 7, column 3, for the pump size; or

(ii)the pump size is not mentioned in schedule 7, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7, column 3.

(3)Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act, is satisfied the maximum rate for the allocation is different from the maximum rate decided under subsection (2) for the allocation.

(4)Despite subsection (2), the maximum rate for the allocation is the rate decided by the chief executive having regard to the following—

(a)the conditions under which water may be taken under the existing authorisation;

(b)the water taking capacity of the pump to which the development permit relates;

(c)any other criteria, for making the decision, stated in the relevant water plan.

52Maximum rate for water allocation based on other considerations

(1)This section applies if a water plan states that the maximum rate for a water allocation is to be decided by the chief executive, other than if—

(a)the existing authorisation states a maximum rate; or

(b)a related development permit states a pump size for taking water.

(2)The maximum rate for the allocation is the rate decided by the chief executive having regard to—

(a)the purpose stated on the existing authorisation; and

(b)the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and

(c)any other criteria, for making the decision, stated in the relevant water plan.

53Daily volumetric limit for water allocation based on rate stated on existing authorisation

If a water plan states that the daily volumetric limit for a water allocation is to be based on the existing authorisation, the daily volumetric limit for the allocation is the maximum rate for taking water in a day, stated on the existing authorisation.

54Daily volumetric limit for water allocation based on related development permit

(1)This section applies if a water plan states that the daily volumetric limit for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation.

(2)The daily volumetric limit for the allocation is—

(a)if the pump size is mentioned in schedule 7, column 1—the daily volumetric limit stated in schedule 7, column 3, for the pump size; or

(b)if the pump size is not mentioned in schedule 7, column 1—the daily volumetric limit for the allocation decided by the chief executive having regard to the daily volumetric limits for similar pump sizes stated in schedule 7, column 3.

(3)Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act, is satisfied the daily volumetric limit for the allocation is different from the daily volumetric limit decided under subsection (2) for the allocation.

(4)Despite subsection (2), the daily volumetric limit for the water allocation is the volume decided by the chief executive having regard to the following—

(a)the conditions under which water may be taken under the existing authorisation;

(b)the efficiency of the use of water taken under the existing authorisation;

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

(d)any other criteria, for making the decision, stated in the relevant water plan.

(5)However, if the allocation states a maximum rate for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.

55Daily volumetric limit for water allocation based on other considerations

(1)This section applies if a water plan states that the daily volumetric limit is to be decided by the chief executive, other than if—

(a)the existing authorisation states a daily volumetric limit; or

(b)a related development permit states a pump size for taking water relating to the permit.

(2)The daily volumetric limit for the water allocation is the daily volumetric limit decided by the chief executive having regard to—

(a)the purpose stated on the existing authorisation; and

(b)the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and

(c)any other criteria, for making the decision, stated in the relevant water plan.

(3)However, if the allocation states a maximum rate for taking water for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.

56Conditions for taking water

(1)The chief executive may impose on a water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of the relevant water plan are achieved.

(2)In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to—

(a)any conditions stated on the existing authorisation; and

(b)any other criteria, for making the decision, stated in the relevant water plan.

57Application of subdivision

This subdivision applies to a water allocation if—

(a)the allocation is not managed under a resource operations licence; and

(b)a water management protocol allows seasonal water assignments for the allocation.

58Applying for a seasonal water assignment

(1)The holder of a water allocation may apply to the chief executive for a seasonal water assignment for the water allocation for the water year in which the application is made.

(2)The holder of a seasonal water assignment notice for a water allocation may apply to the chief executive for a seasonal water assignment for the seasonal water assignment notice for the water year in which the application is made.

(3)An application under subsection (1) or (2) must be—

(a)in the approved form; and

(b)accompanied by the application fee stated in schedule 12.

s 58 sub 2017 SL No. 122 s 6

59Deciding application

(1)If the application is consistent with the seasonal water assignment rules stated in a water management protocol applying to the relevant water plan area, the chief executive must approve the application, with or without conditions.

(2)As soon as practicable after deciding the application, the chief executive must—

(a)give the applicant an information notice for the decision; and

(b)give the proposed assignee a seasonal water assignment notice.

(3)To the extent the application is approved, the applicant is not authorised to take water that is the subject of the seasonal water assignment.

(4)Subsection (5) applies if—

(a)the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment; and

(b)a water management protocol allows the seasonal water assignment.

(5)The seasonal water assignment notice applying to the allocation increases the volume of water that may be taken under the allocation by the volume stated in the notice.

(6)The assignment has effect from the day a notice is given to the applicant under subsection (2).

s 59 amd 2017 SL No. 122 s 7

60Conditions of seasonal water assignment notice

The seasonal water assignment notice is subject to—

(a)the conditions to which the water allocation is subject; and

(b)if the applicant for the seasonal water assignment is the holder of a seasonal water assignment notice (the existing notice) for the water allocation—the conditions to which the existing notice is subject; and

(c)any conditions imposed by the chief executive under section 59(1) for the assignment.

s 60 amd 2017 SL No. 122 s 8

61Arrangement for seasonal water assignment

(1)This section applies if a person is the holder of a water allocation managed under a resource operations licence.

(2)The holder of the allocation may enter into an arrangement for a seasonal water assignment in relation to the allocation if—

(a)the holder of the resource operations licence consents to the arrangement; and

(b)the water to which the allocation relates is distributed to the holder of the allocation by a distribution operations licence holder and the distribution operations licence holder consents to the arrangement.

62Purpose and application of division—Act, s 158

(1)This division prescribes, for section 158 of the Act, the water allocation dealing rules applying to the whole of the State.

(2)However, this division does not apply to the extent the relevant water management protocol provides for an alternative process for—

(a)making an application for a water allocation dealing; or

(b)deciding a water allocation dealing.

63How application must be made

An application for a water allocation dealing must be—

(a)in the approved form; and

(b)accompanied by the application fee stated in schedule 12.

64Public notice of application for water allocation dealing

(1)This section applies if—

(a)the chief executive is satisfied the application complies with section 63; and

(b)the water allocation dealing rules require the applicant to publish a notice of the application.

(2)The chief executive must give the applicant a notice requiring the applicant—

(a)to publish the information mentioned in subsection (3), for the period and in the way, stated in the notice given by the chief executive; or

(b)to publish a notice that states the application has been made and refers to the information mentioned in subsection (3) and published on the department’s website, for the period and in the way, stated in the notice given by the chief executive.

(3)The information must include 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 information is published.

(5)If the information has been published as required under subsection (2)—

(a)the applicant must, within 10 business days after the publication of the information or notice referring to the information, give the chief executive evidence of the publication; and

(b)the chief executive may—

(i)send a copy of the information to any other entity the chief executive considers appropriate; and

(ii)decide the application after the closing day.

(6)If the applicant fails to comply with subsection (5)(a), the application lapses.

65Additional information may be required

(1)The chief executive may require—

(a)the applicant to give the chief executive 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 a requirement made of the applicant under subsection (1)(a) or (b) within the reasonable time stated in the requirement, the application lapses.

66Applicant to pay reasonable cost of investigating application

(1)This section applies if—

(a)a person makes an application under section 63; and

(b)the chief executive is satisfied there will be considerable expense in investigating the application.

(2)The chief executive must—

(a)estimate the likely cost of investigating the application; and

(b)give the person written notice of the estimated cost.

(3)The person must pay the amount of the estimated cost to the chief executive within the reasonable time stated in the notice.

(4)If the applicant fails to comply with subsection (3), the application lapses.

(5)If the cost of investigating the application is less than the estimated cost, the chief executive must refund to the person the difference between the cost paid and the actual cost.

67Deciding application

(1)This section applies to an application for a water allocation dealing if neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited.

(2)The chief executive must decide the application—

(a)for a dealing that must be assessed under subdivision 4—in accordance with that subdivision; and

(b)for a dealing that must be assessed under a water management protocol—in accordance with the criteria for the assessment stated in the protocol.

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

(a)the application; and

(b)any additional information given by the applicant under section 65; and

(c)any properly made submission about the application.

68Chief executive to give notice of decision

(1)This section applies to an application made under this division.

(2)Within 10 business days of deciding the application, the chief executive must give written notice of the decision to—

(a)the applicant; and

(b)any entity that made a properly made submission about the application.

(3)However, if the application was decided in accordance with subdivision 4, the notice must be an information notice.

69Permitted amalgamation of water allocations

An amalgamation of 2 or more water allocations into a single water allocation is permitted if—

(a)for each allocation being amalgamated, the ratio between the nominal volume of the allocation and each other attribute of the allocation is the same as the ratio between the nominal volume of each other allocation being amalgamated and each attribute of that other allocation; and

Example—

If water allocation A has a nominal volume of 1 and a volumetric limit of 2, it may be amalgamated with water allocation B which has a nominal volume of 2 and a volumetric limit of 4, but not with water allocation C which has a nominal volume of 2 and a volumetric limit of 3.

(b)the allocations being amalgamated have the same conditions; and

(c)the amalgamation results in an allocation—

(i)for which the ratio between the nominal volume of the allocation and each other attribute of the allocation is the same as the ratio between the nominal volume of each allocation being amalgamated and each attribute of that allocation; and

(ii)that has the same conditions as the allocations being amalgamated.

Note—

See section 143 of the Act for the attributes and conditions of water allocations.

70Permitted subdivision of a water allocation

A subdivision of a water allocation is permitted if—

(a)the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided; and

(b)each attribute of the water allocation being subdivided is subdivided in proportion to the nominal volume of each resulting water allocation; and

(c)each resulting water allocation states the same conditions as the water allocation being subdivided.

71Main purpose of this subdivision

The main purpose of this subdivision is to state types of water allocation dealings that must be assessed and the criteria against which they must be assessed.

72Particular water allocation dealings to be assessed and notice of application published

(1)This section applies to an application for a water allocation dealing if—

(a)neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited (an other dealing); and

(b)a water management protocol does not state that the dealing is of a type that must be assessed under the protocol.

(2)For section 64(1)(b), the applicant must publish a notice of the application.

(3)The water allocation dealing must be assessed under section 73.

73Criteria for assessing particular dealings

(1)Subsection (2) applies if the chief executive is satisfied the application is for a water allocation dealing that—

(a)is compatible with the objectives of the relevant water plan; and

(b)is in the public interest; and

(c)will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and

(d)for a water allocation managed under a resource operations licence, does 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; and

(e)for a water allocation not managed under a resource operations licence, does not—

(i)change the nominal volume for the water allocation; or

(ii)increase the water allocation’s share of the water available to be taken under the water allocations in all water allocation groups mentioned in the relevant water plan area.

(2)The chief executive must approve the application, with or without conditions.

(3)If the chief executive is not satisfied as mentioned in subsection (1), the chief executive must refuse the application.

74Prescribed registration details for water allocations—Act, s 152

(1)For section 152(1)(g) of the Act, this section applies if the water sharing rules for a water allocation managed under a resource operations licence are stated to be continuous sharing rules in the resource operations licence.

(2)The entry on the water allocations register for the allocation must state the nominal location for the allocation.

(3)In this section—

nominal location, for a water allocation, means the location from which water may be taken on the day the continuous sharing rules first apply to the water allocation.

75Locations of offices of the registry—Act, s 168

(1)For section 168(2)(a) of the Act, documents may be lodged—

(a)at the Brisbane office of the registry during business hours; and

(b)at other offices of the registry at the times decided by the chief executive.

(2)The chief executive must publish the address for an office of the registry mentioned in subsection (1)(b) and the times when the office accepts documents.

76Documents that may be lodged in the registry—Act, s 168

(1)For section 168(2) of the Act, this section applies to a document to be lodged in the registry.

(2)The Land Title Regulation 2015, section 5 applies to the document as if—

(a)a reference in that section to a form were a reference to the document; and

(b)a reference in that section to the land registry were a reference to the registry.

77Definitions for division

In this division—

bulk water supply system means the infrastructure for supplying water to bulk water customers in the SEQ region, including—

(a)Baroon Pocket Dam, Cooloolabin Dam, Ewan Maddock Dam, Hinze Dam, Lake Kurwongbah, Lake McDonald, Leslie Harrison Dam, Little Nerang Dam, North Pine Dam, Somerset Dam, Wappa Dam and Wivenhoe Dam; and

(b)the Western Corridor Recycled Water Scheme, and the South East Queensland (Gold Coast) Desalination Facility; and

(c)the main connecting pipelines (the Northern Pipeline Inter-connector, Southern Regional Water Pipeline and Eastern Pipeline Inter-connector).

minimum operating level, of a dam, means the minimum operating level of the dam stated on the resource operations licence relating to the dam.

non-residential water use is water use that is not residential water use.

Example—

water use in industry, power stations or for a business purpose

residential water use is water use at a residence or for other domestic purposes.

Example of water use for another domestic purpose—

watering a garden at a residence

SEQ water security program means the bulk water supply authority’s water security program for the SEQ region, under section 350 of the Act.

78Desired level of service objectives—Act, s 344

For section 344(1)(a) of the Act, the desired level of service objectives for water security for the SEQ region prescribed under the repealed regulation are continued under this subdivision.

79Projected regional average urban demand for SEQ region

(1)The bulk water supply system is to be able to supply enough water to meet the projected regional average urban demand.

(2)The bulk water supply authority must—

(a)work out the projected regional average urban demand in collaboration with the SEQ service providers, and publicly publish the projection in the way stated in the SEQ water security program; and

(b)assess annually whether the projected regional average urban demand or latest projected regional average urban demand is still current, and publicly publish the outcome of the assessment in the way stated in the SEQ water security program.

(3)In this section—

projected regional average urban demand means the demand, expressed in litres for each person for each day, for residential and non-residential water use that is estimated for the SEQ region for each year over the next 30 years.

80Bulk water drought supply

(1)The bulk water supply system is to be able to supply enough water so that medium level water restrictions on residential water use—

(a)will not happen more than once every 10 years on average; and

(b)will not restrict the average water use for the SEQ region to less than 140L for each person for each day.

(2)The bulk water supply system is to be able to supply enough water so that medium level water restrictions on non-residential water use that is incidental to the purpose of a business will not happen more than once every 10 years on average.

Example of water use that is incidental to the purpose of a business—

watering a garden in the grounds of a factory

(3)Medium level water restrictions on residential and non-residential water use are expected to last no longer than one year on average.

(4)In this section—

drought response level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking action in response to drought.

Example of action in response to drought—

reducing the supply of water from the bulk water supply system

medium level water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is between—

(a)the drought response level; and

(b)the safe minimum storage level.

safe minimum storage level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels.

81Minimum operating levels and essential minimum supply volume

(1)Each of the following dams will not reach its minimum operating level more than once in every 10,000 years on average—

(a)Baroon Pocket Dam;

(b)Hinze Dam;

(c)Wivenhoe Dam.

(2)The bulk water supply system—

(a)will be able to supply the essential minimum supply volume; and

(b)will not be reduced to being able to supply only the essential minimum supply volume more than once in every 10,000 years on average.

(3)In this section—

essential minimum supply volume means the volume needed to supply an average of 100L for each person for each day for residential and non-residential water use.

82Content of water security program—Act, s 353

The following matters are prescribed for section 353(1)(f) of the Act—

(a)the process the bulk water supply authority will use to work out the projected regional average urban demand including, for example, the authority’s key assumptions and methodology;

(b)deciding the level in the bulk water supply system that is the trigger for taking action in response to drought;

Example of action in response to drought—

reducing the supply of water from the bulk water supply system

(c)deciding the level in the bulk water supply system that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels.

83Declaration of bulk water customers—Act, s 360C, definition bulk water customer

For section 360C of the Act, definition bulk water customer, paragraph (b), the following entities declared to be bulk water customers under the repealed regulation continue to be bulk water customers for chapter 2A, part 3 of the Act—

(a)Toowoomba Regional Council;

(b)Stanwell Corporation Limited ABN 370 788 486 74.

84Purpose and explanation of part

(1)This part provides for an annual levy under section 479 of the Act to fund the performance of the office’s functions under the Act.

(2)This part provides for the apportionment of the total annual levy payable by all petroleum tenure holders to classes of petroleum tenure holders according to the proportion of the office’s estimated costs attributable to the sub-blocks in the areas of petroleum tenures held by the holders.

(3)This part provides for the apportionment mentioned in subsection (2) by—

(a)identifying the sub-blocks for which the office carries out functions under the Act (which are called ‘relevant sub-blocks’), and classes of relevant sub-blocks; and

(b)providing for the apportionment of the office’s estimated costs to each class of relevant sub-blocks, according to the proportion of the office’s functions under the Act carried out in the financial year for the class of relevant sub-blocks; and

(c)providing for the apportionment of the office’s estimated costs apportioned to each class of relevant sub-blocks to each relevant sub-block equally, according to the number of relevant sub-blocks of that class existing on the relevant date for the financial year; and

(d)providing for the amount of the total annual levy payable by a particular petroleum tenure holder according to the number of relevant sub-blocks of each class in the areas of the petroleum tenures held by the holder.

Notes—

1For paragraph (a), see section 87.

2For paragraph (b), see section 89(2).

3For paragraph (c), see section 89(3).

4For paragraph (d), see section 90.

85Definitions for part

In this part—

class, for a relevant sub-block, see section 87(2).

office income statement, for a financial year, means the office’s income statement for the financial year, contained in the document called ‘Service Delivery Statement’ prepared by the department in which chapter 3A of the Act is administered and published in the State budget for the financial year.

Editor’s note—

A copy of the Service Delivery Statement is available at www.budget.qld.gov.au.

office’s estimated costs means the office’s estimated costs under section 479(4)(a) of the Act.

relevant date, for a financial year, means 1 July of the financial year.

relevant sub-block see section 87(1).

sub-block see the Petroleum and Gas Act, section 29(2).

86Office’s estimated costs

The office’s estimated costs for a financial year must be stated in the office income statement for the financial year.

87Relevant sub-blocks and classes of relevant sub-blocks

(1)A sub-block is a relevant sub-block if—

(a)either—

(i)the sub-block is within a cumulative management area; or

(ii)the sub-block is outside a cumulative management area and the office performs functions under the Act for the sub-block; and

(b)either—

(i)the sub-block is in the area of a petroleum lease; or

(ii)the sub-block is in an area that is—

(A)in the area of an authority to prospect, or an area to which an application for an authority to prospect applies; and

(B)in which gas field development is being, or is proposed to be, carried out.

(2)For this part, relevant sub-blocks are divided into the following classes—

(a)relevant sub-blocks outside the cumulative management area;

(b)relevant sub-blocks within the cumulative management area that are used, or intended to be used, for conventional petroleum or gas production;

(c)relevant sub-blocks within the cumulative management area that are used, or intended to be used, for coal seam gas production.

(3)In this section—

authority to prospect means an authority to prospect under the Petroleum and Gas Act or the Petroleum Act 1923.

coal seam gas production has the same meaning it has under the Petroleum and Gas Act.

conventional petroleum or gas production means petroleum production, or gas production, that is not coal seam gas production.

gas field development means the development of an area for coal seam gas production, or conventional petroleum or gas production, for which the EIS process has been completed under the Environmental Protection Act 1994.

Note—

See the Environmental Protection Act 1994, section 60 for when the EIS process is completed for a project.

petroleum lease means a petroleum lease under the Petroleum and Gas Act or the Petroleum Act 1923.

88Amount of total annual levy

(1)The total annual levy must be based on a financial year.

(2)The total annual levy payable under section 479 of the Act for a financial year is an amount not more than the office’s estimated costs for the financial year.

89Apportionment of office’s estimated costs to each relevant sub-block

(1)This section provides for the apportionment of the office’s estimated costs for a financial year to each relevant sub-block.

(2)The office must apportion the office’s estimated costs to each class of relevant sub-blocks according to the proportion of the office’s functions under the Act carried out in the financial year for the class of relevant sub-blocks.

(3)The office must apportion the amount worked out under subsection (2) for a class of relevant sub-blocks to each relevant sub-block in that class equally, according to the number of relevant sub-blocks of that class existing on the relevant date for the financial year.

90Apportionment of annual levy among petroleum tenure holders

(1)This section provides for the apportionment of the total annual levy payable by all petroleum tenure holders for a financial year to classes of petroleum tenure holders according to the number of relevant sub-blocks in the areas of the petroleum tenures held by the petroleum tenure holders on the relevant date for the financial year.

(2)The total annual levy decided under section 88 must be apportioned among petroleum tenure holders as follows—

(a)for a petroleum tenure holder who does not hold any relevant sub-blocks—nil;

(b)for each other petroleum tenure holder—according to the amount worked out by multiplying the number of relevant sub-blocks of each class in the areas of the petroleum tenures held by the holder on the relevant date by the amount worked out for each relevant sub-block of that class under section 89(3).

91Requirements for notice of annual levy

(1)This section applies if the annual levy payable by a petroleum tenure holder for a financial year is more than nil.

(2)The manager must give the petroleum tenure holder a notice about the annual levy payable by the holder for the financial year.

(3)The manager may give a notice to a petroleum tenure holder on a quarterly basis or at an interval decided by the manager (the levy period).

(4)The notice must state the following—

(a)the number of each class of relevant sub-blocks to which the notice applies;

(b)the financial year to which the notice applies;

(c)the levy period to which the notice applies;

(d)the amount of the annual levy payable by the petroleum tenure holder for the levy period (levy amount);

(e)that the levy amount becomes payable on the day the notice is given;

(f)the day by which the levy amount must be paid (the due date);

(g)the way in which the levy amount must be paid;

(h)that if the levy amount is not paid by the due date, the State may, under section 479A of the Act, recover from the holder the amount as a debt.

92Payment of annual levy

(1)The levy amount for a levy period becomes payable by a petroleum tenure holder on the day the holder is given a notice under section 91 for the levy period.

(2)The petroleum tenure holder must pay the levy amount—

(a)within 30 days after the manager gives the holder the notice; and

(b)in the way stated in the notice.

(3)In this section—

levy amount see section 91(4)(d).

levy period see section 91(3).

div hdg ins 2017 SL No. 122 s 9

93Continuation of water authorities established under establishment regulation

(1)Each water authority mentioned in schedule 8, part 1, column 1, that was established under an establishment regulation continues as a water authority under this regulation.

(2)If the authority was established for an authority area, the authority area is shown on the plan mentioned opposite the authority in column 2.

Note—

See the Act, section 548(4).

94Continuation of amalgamated water authorities

(1)Each amalgamated water authority mentioned in schedule 8, part 2, column 1, amalgamated under the repealed regulation, continues as an amalgamated water authority under this regulation.

(2)The authority’s authority area is shown on the plan mentioned opposite the authority in column 2.

div hdg ins 2017 SL No. 122 s 10

94ADissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691

(1)This section applies to a water authority mentioned in schedule 8, part 3, column 1.

(2)For section 691(1)(b) of the Act, the water authority is dissolved for converting the authority to the alternative institutional structure mentioned opposite the authority in schedule 8, part 3, column 3.

(3)For section 691(2) of the Act, the authority area for the water authority shown on the plan mentioned opposite the water authority in schedule 8, part 3, column 2 is dissolved.

s 94A ins 2017 SL No. 122 s 10

95Authorised taking of water—Act, s 808

(1)For section 808(1)(b) of the Act, an authorisation to take water under a NSW access licence in accordance with the Border Rivers water management protocol and the New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 declared under the repealed regulation to be an authorisation of a similar nature and to have a similar effect to a water allocation continues to be an authorisation of that nature and effect.

(2)In this section—

Border Rivers water management protocol means the water management protocol to implement the Water Plan (Border Rivers) 2003.

New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 means the intergovernmental agreement of that name, signed by the Premier on 16 February 2009.

NSW access licence means an access licence under the Water Management Act 2000 (NSW).

96Destroying vegetation, excavating or placing fill in a watercourse, lake or spring—Act, s 814

(1)For section 814(2)(i) of the Act, destroying vegetation, excavating or placing fill in a watercourse, lake or spring is permitted if the destruction, excavation or placing of fill is carried out under—

(a)a lease or authority to prospect under the Petroleum Act 1923; or

(b)a licence, petroleum lease or authority to prospect under the Petroleum and Gas Act: or

(c)a licence under the Fossicking Act 1994; or

(d)an environmental authority for a resource activity; or

(e)the document called ‘Riverine Protection Permit Exemption Requirements’ approved by the chief executive and published on the department’s website or the Queensland Government business and industry portal.

(2)In this section—

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

s 96 amd 2018 SL No. 56 s 17

97Requirements for decommissioning a water bore—Act, s 817

For section 817(2) of the Act, the decommissioning of a water bore must be carried out in accordance with the document called ‘Minimum construction requirements for water bores in Australia’, published on the department’s website or the Queensland Government business and industry portal.

Note—

See sections 139(5) and 140 in relation to works for taking underground water in an underground water area.

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

(1)For section 39(f) of the Act, the following works are to be regulated as assessable development—

(a)works for taking overland flow water that are in an area mentioned in schedule 9, part 1, column 1;

(b)works for taking underground water through a subartesian bore that are in an area mentioned in schedule 9, part 2, column 1;

Note—

For the regulation of works for taking or interfering with underground water through an artesian bore, other than through a water monitoring bore, see the Planning Regulation 2017.

(c)works for interfering with underground water that are in an area mentioned in schedule 9, part 3, column 1.

(2)However—

(a)the works mentioned in schedule 9, part 1, column 2 or part 2, column 2 are to be regulated as assessable development only to the extent the operational work to which the works relate does not comply with the requirements for the work mentioned in section 99(2); and

(b)the following works are not to be regulated as assessable development—

(i)works mentioned in subsection (1) relating to PDA-related development;

(ii)works mentioned in schedule 9, part 1, column 3, part 2, column 3 or part 3, column 2.

(3)In this section—

PDA-related development see the Planning Regulation 2017, schedule 24.

s 98 sub 2017 SL No. 103 s 173

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

(1)This section applies to operational work involving works that are—

(a)in an area mentioned in schedule 9, part 1, column 1 or part 2, column 1; and

(b)mentioned in schedule 9, part 1, column 2 or part 2, column 2, opposite the area; and

(c)not of a type mentioned in schedule 9, part 1, column 3 or part 2, column 3, opposite the area.

(2)For section 1014(2)(g) of the Act, to be categorised as accepted development—

(a)operational work involving taking overland water must comply with the requirements applying to the work mentioned in the following documents—

(i)the ‘Code for self-assessable development for stock and domestic purposes’;

(ii)the ‘Code for self-assessable development for taking overland flow water using limited capacity works’;

(iii)the ‘Code for self-assessable development for taking overland flow water to satisfy the requirements of an environmental authority or a development permit for carrying out an environmentally relevant activity’; and

(b)operational work involving taking underground water must comply with the requirements applying to the work mentioned in the following documents—

(i)the ‘Code for the self-assessable development of artesian bores’;

(ii)the ‘Code for self-assessable development of replacement bores’.

(3)A reference in this section to a code by name is a reference to the document of that name made by the chief executive and published on the department’s website or on the Queensland government business and industry portal.

s 99 sub 2017 SL No. 103 s 173

100Prescribed volume of material for fill—Act, sch 4, definition levee

The prescribed volume of material for fill for schedule 4 of the Act, definition levee, paragraph 3(b)(ii) is 50m³.

101Construction of new levees and modification of existing levees

(1)For assessing proposed development that is the construction of a new levee or the modification of an existing levee, the levee can be categorised as 1 of the following types of levees—

(a)category 1 levee;

(b)category 2 levee;

(c)category 3 levee.

(2)A category 1 levee is a levee that has no off-property impact.

(3)A category 2 levee is a levee—

(a)that has an off-property impact; and

(b)for which the affected population is less than 3.

(4)A category 3 levee is a levee—

(a)that has an off-property impact; and

(b)for which the affected population is at least 3.

(5)In this section—

affected population, for a levee, means the total number of persons occupying all buildings on which the levee has a significant impact.

levee property—

(a)means the lot or parcel of land on which a levee is situated; and

(b)includes another lot or parcel of land that is contiguous with the lot or parcel mentioned in paragraph (a) and owned by the same entity.

off-property impact, for a levee, means an impact the levee has on people, property or the environment outside the levee property.

significant impact, of a levee on a building, means each of the following—

(a)an increase, caused by the levee, of more than 5cm in the flow height of water over the floorboards of the building;

(b)an increase, caused by the levee, of more than 0.2 m/s in the flow velocity of water over the floorboards of the building.

101ARequirements for accepted development for category 1 levees—Act, s 1014(2)(g)

(1)This section applies to operational work that is—

(a)the construction of a new category 1 levee; or

(b)the modification of an existing levee if, after the modification, the levee will be a category 1 levee.

(2)For section 1014(2)(g) of the Act, to be categorised as accepted development the operational work must comply with the requirements stated in the levee code.

(3)In this section—

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

s 101A ins 2017 SL No. 103 s 174

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

(1)This section applies to a development application for, or change application relating to, the following assessable development, if a local government is the assessment manager or responsible entity under the Planning Act for the application—

(a)operational work for the construction of a new category 2 levee or category 3 levee;

(b)operational work for the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or category 3 levee.

(2)For section 967(2) of the Act, the code in schedule 10 is an assessment benchmark under the Planning Act for assessing the development.

s 102 sub 2017 SL No. 103 s 175

103Purpose of part

The purpose of this part is to implement a system for the compulsory use of approved water meters for taking or interfering with water in the State.

104How purpose is to be achieved

The purpose is to be achieved by—

(a)providing for the installation of water meters; and

(b)declaring certain authorisations to be metered entitlements; and

(c)providing for the validation of water meters; and

(d)applying divisions 4, 5 and 7 to the holders of metered entitlements and owners of works; and

(e)providing for the ownership and transfer of water meters.

105Definitions for part

In this part—

approved meter see section 106.

authorised meter validator means—

(a)a person who is accredited by Irrigation Australia Limited ACN 002 567 633 as a certified meter validator; or

(b)a person appointed by the chief executive as an authorised meter validator under section 109.

cessation date means the date stated in a cessation notice as the cessation date for a meter.

cessation notice see section 120(2).

meter notice see section 108(1).

non-urban metering standard means the document entitled ‘Queensland Interim Water Meter Standard for Non-urban Metering’ dated October 2012.

Editor's note—

A copy of the non-urban metering standard is available on the Queensland Government business and industry portal.

relevant management area means any of the following management areas—

•Border Rivers Alluvium groundwater management area

•Burdekin River groundwater management area

•Coastal Burnett groundwater management area

•Cressbrook Creek water management area

•Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas

•Pioneer groundwater management area

•Upper Hodgson Creek groundwater management area.

transfer notice see section 119(2).

validation certificate, for a meter, means a certificate, in the approved form, given for the meter under section 112(2)(b) that states the following—

(a)for a meter attached to works through which the holder of an authorisation or a metered entitlement takes water, the name of the holder;

(b)for a meter attached to works on land for which there is no authorisation for taking or interfering with water through the works, the name of the owner of the works;

(c)the name and signature of the authorised meter validator who carried out the validation inspection;

(d)that the meter complies with the non-urban metering standard;

(e)the date the validation inspection was carried out.

Editor's note—

A copy of the approved form is available on the Queensland Government business and industry portal.

validation inspection, for a meter, means an inspection of the meter by an authorised meter validator to determine whether a validation certificate can be given for the meter.

works means works used, or that could be used, for taking or interfering with water.

106Approved meter—Act, sch 4, def approved meter

(1)A meter is prescribed, for schedule 4 of the Act, definition approved meter, as an approved meter if—

(a)the meter is the property of the State; or

(b)the meter becomes the property of the holder of a metered entitlement or the owner of works under section 119(5) and the holder or owner has not done anything to the meter that could affect its metrological performance; or

(c)a validation certificate for the meter has been given—

(i)to the holder of a metered entitlement or the owner of works by an authorised meter validator under section 112(2)(b); and

(ii)to the chief executive by the holder or owner under section 112(3); or

(d)the meter—

(i)is attached to works through which water is, has been or may be taken or interfered with under a metered entitlement; and

(ii)is of a type approved by the chief executive—

(A)in accordance with a condition of the development permit for the works; or

(B)if the works are accepted development—in accordance with any requirements provided for in this regulation with which the works must comply to be categorised as accepted development; and

(iii)is installed—

(A)in accordance with the department’s specifications for installing meters as a condition of the development permit for the works; or

(B)if the works to which the meter is attached are accepted development—in accordance with any requirements provided for in this regulation with which the works must comply to be categorised as accepted development.

(2)Despite subsection (1), a meter is not an approved meter if the meter stops being an approved meter under any of the following provisions—

(a)section 110(2);

(b)section 111(2);

(c)section 117(2)(a);

(d)section 119(4);

(e)section 120(5).

s 106 amd 2017 SL No. 103 s 176

107Metered entitlements—Act, sch 4, def metered entitlement

(1)For schedule 4 of the Act, definition metered entitlement, an authorisation mentioned in schedule 11, column 2, or an authorisation that replaces an authorisation mentioned in column 2, in a part of the State mentioned opposite the authorisation in schedule 11, column 1, is prescribed as a metered entitlement.

(2)For subsection (1), an authorisation (the original authorisation) is replaced by another authorisation (the second authorisation) in the following circumstances—

(a)the original authorisation expires and the second authorisation is granted in relation to the same land;

(b)the original authorisation is amalgamated with another authorisation and the second authorisation is granted in relation to the land to which the original authorisation and other authorisation related;

(c)the original authorisation expires and 2 or more second authorisations are granted in relation to the same land;

(d)part of the land to which the original authorisation related is disposed of and 1 or more second authorisations are granted in relation to the same land.

(3)Also, a seasonal water assignment notice for taking water in a part of the State mentioned in schedule 11, column 1, and given in relation to a metered entitlement mentioned in schedule 11, column 2 for the part, is prescribed as a metered entitlement.

108Chief executive may give meter notice to holder of authorisation or owner of works

(1)The chief executive may give a notice (a meter notice) to—

(a)the holder of an authorisation; or

(b)if there are works on land and there is no authorisation for taking or interfering with water through the works—the owner of the works.

(2)A meter notice given under subsection (1)(a) must state the following—

(a)the authorisation to which the notice relates;

(b)that the authorisation is to be prescribed as a metered entitlement under section 107;

(c)the validation date;

(d)that from the validation date, water may not be taken through works under the entitlement unless an approved meter is attached to the works;

(e)the requirements for a meter to be an approved meter.

Note—

For what is an approved meter, see section 106.

(3)A meter notice given under subsection (1)(b) must state the following—

(a)the works to which the notice relates;

(b)the validation date;

(c)that from the validation date, water may not be taken through the works under a metered entitlement unless an approved meter is attached to the works;

(d)the requirements for a meter to be an approved meter.

Note—

For what is an approved meter, see section 106.

(4)A meter notice must be given at least 1 year before the validation date.

(5)The chief executive may, after giving a person a meter notice, extend the validation date by notice given to the person.

(6)If the chief executive gives a meter notice under subsection (1)(a) and the authorisation to which the notice relates has not been prescribed as a metered entitlement on or before the validation date, the chief executive must extend the validation date to a date that is on or after the date the authorisation is prescribed as a metered entitlement.

(7)In this section—

validation date, for a meter notice, means the date stated in the meter notice as the validation date.

109Appointment and qualifications of authorised meter validator

(1)The chief executive may appoint a person as an authorised meter validator.

(2)The chief executive may appoint a person as an authorised meter validator only if, in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised meter validator.

110Installed or maintained meter not approved meter unless validated

(1)This section applies if—

(a)there are works—

(i)through which the holder of a metered entitlement takes water under the entitlement; or

(ii)on land and there is no authorisation for taking or interfering with water through the works; and

(b)the holder or owner of the works—

(i)attaches a meter to the works; or

(ii)does anything to an existing meter attached to the works that could affect the meter’s metrological performance.

(2)Despite section 106(1), the meter stops being an approved meter unless—

(a)a validation inspection is carried out on the meter under section 112; and

(b)the authorised meter validator who carries out the validation inspection gives the holder or owner a validation certificate for the meter under section 112(2)(b); and

(c)the holder or owner gives a copy of the validation certificate to the chief executive under section 112(3).

(3)Subsection (2)—

(a)applies to the meter even if a validation certificate has previously been given for the meter; and

(b)does not limit section 106(1)(d) or 111(2).

111Existing meter not approved meter unless revalidated by revalidation date

(1)This section applies if works through which the holder of a metered entitlement takes water have an approved meter attached.

(2)Despite section 106(1)(c), the meter stops being an approved meter on the revalidation date unless, during the revalidation period—

(a)a validation inspection is carried out on the meter under section 112; and

(b)the authorised meter validator who carries out the validation inspection gives the owner of the meter a validation certificate for the meter under section 112(2)(b); and

(c)the owner gives a copy of the validation certificate to the chief executive under section 112(3).

(3)In this section—

revalidation date, for a metered entitlement whose part of the State is stated in schedule 11, column 1, means the revalidation date stated opposite the part of the State in column 3 of the schedule.

revalidation period, for a metered entitlement whose part of the State is stated in schedule 11, column 1, means the period—

(a)starting 12 months before the revalidation date for the entitlement; and

(b)ending on the revalidation date.

112Holder of metered entitlement or owner of works may arrange validation inspection on a meter

(1)Either of the following may arrange for a validation inspection to be carried out on a meter—

(a)the holder of an authorisation or a metered entitlement who takes water under the authorisation or entitlement through works to which the meter is attached; or

(b)the owner of the works.

(2)The authorised meter validator who carries out the validation inspection must, within 20 business days after carrying out the inspection, give the following to the holder or owner—

(a)if the meter does not, in the validator’s opinion, comply with the non-urban metering standard, a notice stating—

(i)why the meter does not comply; and

(ii)if the meter would comply after being modified—what modifications are required; and

(iii)if the meter can not comply, even after being modified—that the meter can not comply;

(b)otherwise—a validation certificate for the meter.

(3)The holder or owner must, within 20 business days after being given a validation certificate under subsection (2)(b), give a copy of it to the chief executive.

113Chief executive may require meter reading by holder of metered entitlement or owner of works

(1)The chief executive may give either of the following persons a notice requiring the person to read a meter and provide the meter reading to the chief executive in the way stated in the notice by the day stated in the notice—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have the meter attached;

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

(2)The day stated in the notice must be at least 30 days after the day the chief executive gave the person the notice.

(3)The person must comply with the notice.

Maximum penalty for subsection (3)—20 penalty units.

114Meter reading by chief executive

The chief executive may arrange for a meter to be read—

(a)on the application of the holder of a metered entitlement who takes water under the entitlement through works that have the meter attached to transfer, seasonally assign or otherwise deal with the entitlement; or

(b)when the owner of works that have the meter attached gives the chief executive notice the owner has decided to stop using the works; or

(c)at any other time the chief executive considers necessary.

115Meter operating charge

(1)A charge (a meter operating charge) is payable to the chief executive by—

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

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

(2)The meter operating charge is a charge for reading the meter.

(3)The meter operating charge—

(a)is payable for the meter—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—annually; and

(b)must not be more than the cost to the department of reading the meter; and

(c)may be levied by giving notice to the holder or owner; and

(d)becomes payable on the day the notice is given; and

(e)must be paid within 20 business days after the notice is given.

(4)If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.

(5)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.

(6)A notice given under subsection (3)(c) must state—

(a)the amount of the charge; and

(b)the period for which it is levied; and

(c)the time and place for payment; and

(d)that a late fee is payable on any part of the charge remaining unpaid after 20 business days; and

(e)how the late fee is calculated under subsections (4) and (5).

116Meter use charge

(1)A charge (a meter use charge) is payable to the chief executive by—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have a meter attached that—

(i)is the property of the State; or

(ii)was the property of the State before ownership was transferred to the holder; or

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

(2)The meter use charge—

(a)is payable for the approved meter—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—annually; and

(b)must not be more than the cost to the department of making the meter available for use by the holder or owner, including an adjustment in favour of a holder or owner—

(i)who carried out site preparation; or

(ii)who assigned ownership of an existing meter to the State; or

(iii)whose existing meter, that is the property of the State, was not replaced; and

(c)may be levied by giving notice to the holder or owner; and

(d)becomes payable on the day the notice is given; and

(e)must be paid within 20 business days after the notice is given.

(3)If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.

(4)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.

(5)A notice given under subsection (2)(c) must state—

(a)the amount of the charge; and

(b)the period for which it is levied; and

(c)the time and place for payment; and

(d)that a late fee is payable on any part of the charge remaining unpaid after 20 business days; and

(e)how the late fee is calculated under subsections (3) and (4).

117Metering exit charge

(1)This section applies if—

(a)either of the following gives the chief executive notice that they have decided to stop using an approved meter—

(i)the holder of a metered entitlement who takes water through works to which the meter is attached;

(ii)if there is no holder of a metered entitlement taking water through the works—the owner of the works; and

(b)the meter is not the property of the State.

(2)On the chief executive’s receipt of the notice—

(a)the meter stops being an approved meter; and

(b)the chief executive must give the holder or owner notice of the charge (the metering exit charge) payable.

(3)The holder or owner must pay the metering exit charge to the chief executive within 30 days after receiving the notice from the chief executive.

(4)The metering exit charge must not be more than a part of the meter use charge decided by the chief executive having regard to the expected life of the meter.

118Ownership of meters

If a meter is attached to works—

(a)by the holder of an authorisation or a metered entitlement—the meter is the property of the holder; or

(b)by the State—the meter is the property of the State; or

Note—

For when the State may transfer a meter to the holder of a metered entitlement or the owner of works, see section 119.

(c)by another person—the meter is the property of the other person.

119Transfer of approved meters that are the property of the State

(1)This section applies if an approved meter that is attached to works is the property of the State and—

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

(b)there is no authorisation for taking or interfering with water through the works.

(2)The chief executive may give the holder or owner a notice (a transfer notice) that states the following—

(a)that the chief executive is offering to transfer the ownership of the meter to the holder or owner;

(b)the proposed date for the transfer;

(c)that if the meter is transferred to the holder or owner, the meter will stop being an approved meter if the holder or owner does anything to the meter that could affect its metrological performance;

Note—

See also section 106(1)(b).

(d)if the meter is attached to works in a relevant management area and does not comply with the non-urban metering standard—

(i)that the meter does not comply with the non-urban metering standard; and

(ii)that the chief executive may give the holder or owner a cessation notice under section 120 after the meter has been transferred to the holder or owner; and

(iii)that if the chief executive gives the holder or owner a cessation notice after the meter has been transferred, the meter will stop being an approved meter on the cessation date; and

(iv)that under the Act, section 808(3), the holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached;

(e)that the holder or owner may, within 30 days after receiving the transfer notice, refuse to accept the transfer by giving written notice to the chief executive;

(f)that if the holder or owner refuses to accept the transfer, the meter will stop being an approved meter on the day after the transfer date.

(3)The holder or owner may, by written notice given to the chief executive within 30 days after receiving the transfer notice, refuse to accept the transfer.

(4)If the holder or owner refuses to accept the transfer under subsection (3), the meter stops being an approved meter on the day after the transfer date.

(5)If the holder or owner does not refuse to accept the transfer under subsection (3), the meter becomes the property of the holder or owner on the transfer date.

(6)The chief executive may extend the transfer date by notice given to the holder or owner.

(7)In this section—

transfer date means the later of—

(a)the proposed date for the transfer stated in the transfer notice; or

(b)the day that is 30 days after the holder or owner received the transfer notice.

120Approved meter that does not comply with non-urban metering standard may stop being approved meter

(1)This section applies if—

(a)an approved meter becomes the property of the holder of a metered entitlement or the owner of works in a relevant management area under section 119(5); and

(b)the transfer notice given to the holder or owner stated the matters mentioned in section 119(2)(d).

(2)The chief executive may give the holder or owner a notice (a cessation notice) stating that—

(a)the meter does not comply with the non-urban metering standard; and

(b)on the cessation date, the meter will stop being an approved meter; and

(c)under the Act, section 808(3), the holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached.

(3)The chief executive must give the cessation notice to the holder or owner at least 1 year before the cessation date.

(4)The chief executive may extend the cessation date by notice given to the holder or owner.

(5)The meter stops being an approved meter on the cessation date.

121Specifications issued by chief executive

The chief executive may issue specifications for carrying out site preparation or installing a meter under this part.

122Classes of licence—Act, s 981

(1)For section 981(2)(b) of the Act, the following are the classes of water bore driller’s licences—

(a)class 1 water bore driller’s licence;

(b)class 2 water bore driller’s licence;

(c)class 3 water bore driller’s licence.

(2)A class 1 licence authorises the licence holder to drill a subartesian bore in a formation that contains the aquifer closest to the surface of the land where the bore site is located.

(3)A class 2 licence authorises the licence holder to drill a subartesian bore.

(4)A class 3 licence authorises the licence holder to drill an artesian bore or subartesian bore.

123Water bore driller’s licence endorsements—Act, s 981

(1)For section 981(2)(c) of the Act, the following are the water bore driller’s licence endorsements—

(a)cable tool;

(b)auger;

(c)rotary air;

(d)rotary mud;

(e)non-drilling rig;

(f)sonic.

(2)A cable tool endorsement authorises drilling activities using cable tool or cable percussion drilling methods.

(3)An auger endorsement authorises drilling activities using bucket auger, hollow stem auger or solid stem auger methods.

(4)A rotary air endorsement authorises drilling activities using rotary drilling methods with air as the drilling fluid.

(5)A rotary mud endorsement authorises drilling activities using rotary drilling methods with water as the drilling fluid or as the base for the drilling fluid.

(6)A non-drilling rig endorsement authorises water bore activities using non-drilling rig methods including spear point construction, hand digging and the use of excavators or backhoes for the construction of wells, excavations and galleries.

(7)A sonic endorsement authorises drilling activities using sonic drilling methods.

124Qualifications or experience for class 1 licence—Act, s 981

(1)For section 981(2)(d) of the Act, the qualifications or experience for a class 1 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 1 water bore driller’s licence granted by the entity that administers the licensing of water bore drillers in another State if the qualifications or experience required for the granting of the licence are considered equivalent by the chief executive to those stated in subsection (2); or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 1 licence module and the drilling method endorsement module of the examinations conducted by the Australian Drilling Industry Training Committee (ADITC) for any endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)successful completion of the Drilling Industry Certification and Training Course (the DICAT course) conducted by ADITC or another course considered equivalent by the chief executive; and

(B)employment in the operation of a drilling machine for at least 6 months during which at least 6 bores were drilled under the direct supervision of a licensed water bore driller; or

(ii)employment in the operation of a drilling machine for at least 12 months during which at least 6 bores were drilled under the direct supervision of a licensed water bore driller; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 12 months during which at least 6 bores that intersect underground water were drilled; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 12 months during which at least 6 bores that intersect underground water were drilled; and

(d)successful completion of the class 1 water bore driller’s licence examination prepared by the National Uniform Driller’s Licensing Committee and administered by the department.

125Qualifications or experience for class 2 licence—Act, s 981

(1)For section 981(2)(d) of the Act, the qualifications or experience for a class 2 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 2 water bore driller’s licence granted by the entity that administers the licensing of water bore drillers in another State if the qualifications or experience required for the granting of the licence are considered equivalent by the chief executive to those stated in subsection (2); or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 2 licence module and the drilling method endorsement module of the examinations conducted by ADITC for any endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)all of the following—

(A)holding a class 1 water bore drillers licence or the qualifications and experience stated in section 124;

(B)employment in the operation of a drilling machine for at least 12 months;

(C)drilling at least 6 bores for which a class 2 licence is required (a class 2 bore) under the direct supervision of the holder of a class 2 licence, or at least 6 bores for which a class 1 licence is required and at least 3 class 2 bores under the direct supervision of the holder of a class 2 licence; or

(ii)all of the following—

(A)successful completion of the DICAT course or another course considered equivalent by the chief executive;

(B)employment in the operation of a drilling machine for at least 6 months;

(C)drilling at least 6 class 2 bores under the direct supervision of the holder of a class 2 licence, or at least 6 bores for which a class 1 licence is required and at least 3 class 2 bores under the direct supervision of the holder of a class 2 licence; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 12 months during which at least 9 bores that intersect multiple aquifer systems were drilled; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 12 months during which at least 9 bores that intersect multiple aquifer systems were drilled; and

(d)successful completion of the class 2 water bore driller’s licence examination prepared by the National Uniform Driller’s Licensing Committee and administered by the department.

126Qualifications or experience for class 3 licence—Act, s 981

(1)For section 981(2)(d) of the Act, the qualifications or experience for a class 3 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 3 water bore driller’s licence granted by the entity that administers the licensing of water bore drillers in another State if the qualifications or experience required for the granting of the licence are considered equivalent by the chief executive to those stated in subsection (2); or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 3 licence module and the drilling method endorsement module of the examinations conducted by ADITC for any endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)employment as a licensed class 2 driller for at least 12 months, and in the operation of a drilling machine for at least 24 months; and

(B)drilling at least 6 class 2 bores and, under the direct supervision of the holder of a class 3 licence, at least 3 bores for which a class 3 licence is required (a class 3 bore); or

(ii)all of the following—

(A)successful completion of the DICAT course or another course considered equivalent by the chief executive;

(B)employment as a licensed class 2 driller for at least 12 months, and in the operation of a drilling machine for at least 12 months;

(C)drilling at least 6 class 2 bores and, under the direct supervision of the holder of a class 3 licence, at least 3 class 3 bores; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 24 months during which at least 9 bores were drilled that intersect an aquifer with artesian pressure; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 24 months during which at least 9 artesian bores were drilled; and

(d)successful completion of the class 3 water bore driller’s licence examination prepared by the National Uniform Driller’s Licensing Committee and administered by the department.

(3)In this section—

class 2 bore see section 125(2)(c)(i)(C).

127Conditions of water bore driller’s licence—Act, s 983A

For section 983A(1)(a) of the Act, the following are the conditions for a water bore driller’s licence—

(a)water bore drilling activities that tap an aquifer in the sediments of an artesian basin must be carried out in accordance with ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’, published on the department’s website or the Queensland Government business and industry portal;

(b)other water bore drilling activities must be carried out in accordance with ‘Minimum construction requirements for water bores in Australia’, published on the department’s website or the Queensland Government business and industry portal;

(c)if a development approval is required to carry out particular water bore drilling activities, the licence holder must see the approval and carry out the activities in accordance with the approval;

(d)development that is operational work involving works for taking or interfering with underground water through a subartesian bore must comply with the requirements provided for in section 99(2) to the extent the requirements apply to the work;

(e)the licence has effect for a period of 10 years.

s 127 amd 2017 SL No. 103 s 177

128Records of water bores drilled—Act, s 983L

For section 983L(1) of the Act, the following is the information required to be kept about each water bore drilling activity—

(a)the name and address of the owner of the land on which the activity is being carried out;

(b)the location of the activity;

(c)the name and water bore driller’s licence number of the driller performing the work;

(d)the drilling method used;

(e)the dates the water bore drilling activity started and finished;

(f)details of the following—

(i)the strata drilled;

(ii)water produced by the strata, including the volume and quality of the water, the depth at which it is struck and the depth to which it rises naturally;

(iii)the borehole diameter;

(iv)the type and diameter of the bore casing;

(v)the diameter and location of the borehole cementing;

(vi)the number and size of the slots or perforations in the casing, or screens installed, for water entry;

(g)an estimation of the rate at which water may be produced from the bore.

129Water declared to be water in a watercourse—Act, s 1006

For section 1006(1) of the Act, the following water declared to be water in a watercourse under the repealed regulation continues to be water in a watercourse—

(a)water in an aquifer under the Kolan River, between AMTD 14.5km and AMTD 76.4km, to a depth of 10m below the bed of the river;

(b)water in an alluvial aquifer under the Burnett River, between AMTD 25.9km and AMTD 333.9km, to a depth of 10m below the bed of the river;

(c)water in an alluvial aquifer under the Boyne River, between AMTD 0km and AMTD 180km, to a depth of 10m below the bed of the river;

(d)water in an alluvial aquifer under the Nogo River, between AMTD 0km and AMTD 23km, to a depth of 10m below the bed of the river;

(e)water in an aquifer under Lockyer Creek, between AMTD 0km and AMTD 41.9km, to a depth of 10m below the bed of the creek;

(f)water in an aquifer under Lockyer Creek, between AMTD 41.9km and AMTD 70.9km, to a depth of 6m below the bed of the creek;

(g)water in an aquifer under Barambah Creek, between AMTD 85km and AMTD 189.5km, to a depth of 15m below the bed of the creek;

(h)water in an alluvial aquifer under the Stuart River, between AMTD 0km and AMTD 80km, to a depth of 10m below the bed of the river.

130Fees

(1)The fees payable under the Act are stated in schedule 12.

(2)The fee paid on lodgement of an instrument in the registry is forfeited if the instrument is rejected by the registry for failure to comply with a requisition.

(3)The fee payable on re-lodgement of an instrument is half the fee stated in schedule 12 for lodgement of the instrument.

(4)Despite subsection (1), a fee is not payable for the following—

(a)the lodgement and registration of an instrument of transfer of a water allocation to, or acquisition or lease of a water allocation by, the State;

(b)the deposit or removal of an administrative advice by the State.

131Water licence fee

(1)The water licence fee mentioned in schedule 12 is payable for a water licence, other than the following—

(a)a water licence only to take supplemented water;

(b)a water licence to take water for stock or domestic purposes, unless the licence is for taking underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies for stock or domestic purposes.

(2)The water licence fee for a water licence—

(a)is payable for each year the licence is in force; and

(b)must be paid within the period stated in a notice given to the licensee under subsection (3).

(3)The chief executive must give the licensee a notice stating—

(a)the amount of the water licence fee and the period to which it relates; and

(b)the period, of at least 20 business days after the notice is given, in which the fee must be paid.

s 131 amd 2017 SL No. 164 s 72

132Fees for continuing interim water allocations

(1)This section applies to an interim water allocation (a continuing interim water allocation) in relation to which chapter 2, part 5 of the unamended Act continues to apply under section 1271 of the Act.

(2)The fees payable for the purposes of the continued application of chapter 2, part 5 of the unamended Act are stated in schedule 13.

133Charges for water allocated, supplied or taken

(1)The charges mentioned in schedule 14, column 3, are payable to the chief executive—

(a)for the allocation, supply or taking of water in a water management area mentioned opposite the charges in column 1; and

(b)for the water year ending on the date mentioned opposite the charges in column 2.

(2)If a change to a water charge is prescribed, the changed water charge is payable for the water year following the date the current water year ends.

(3)This section does not apply if—

(a)water is taken under a metered entitlement; and

(b)the water charge mentioned in column 3 of the schedule is for a water meter.

134Notice for payment of charges

(1)A charge under section 133—

(a)may be levied—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—quarterly; and

(b)may be levied by giving notice to the holder of the authorisation under which water is taken; and

(c)becomes payable on the day the notice is given; and

(d)must be paid within 30 business days after the notice is given.

(2)If any part of the charge remains unpaid after 30 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.

(3)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.

(4)A notice given under subsection (1)(b) must state—

(a)the amount of the charge and the period for which it is levied; and

(b)the time and place for payment; and

(c)that a late fee is payable on any part of the charge remaining unpaid after 30 business days; and

(d)how the late fee is calculated under subsections (2) and (3).

135Royalty for State quarry material—Act, s 240

(1)For section 240(1) of the Act, the rate at which royalty is payable under the Act is stated in schedule 15.

(2)However, no royalty is payable for State quarry material removed under an allocation notice if the chief executive of a department issues a certificate stating that the material was supplied to the department for the department’s use.

136Drainage rates—Act, s 993

For section 993(1) of the Act, the drainage rates payable for a water year by an owner of land in a drainage area mentioned in schedule 16, column 1, are stated opposite the area in column 2.

137Water management areas

(1)The chief executive may declare an area of the State to be a water management area for water not managed under an interim resource operations licence or a resource operations licence.

(2)The declaration may be for—

(a)fixing water charges payable to the chief executive; or

(b)allowing seasonal water assignments and making seasonal water assignment rules; or

(c)prescribing water sharing rules; or

(d)implementing water metering under part 11.

(3)The chief executive may name the area, for example, the ‘Barker–Barambah Creeks water management area’.

(4)An area that is declared to be an underground water area under section 139 is also a water management area.

(5)A water plan or a water management protocol may declare a part of the plan area to be a water management area.

(6)The chief executive must display a map or plan showing the boundaries of a water management area in the department’s regional office in or near the area.

(7)The chief executive must—

(a)give notice of the declaration to the persons authorised to take water from the area; or

(b)publish a notice about the declaration.

(8)Subsection (7) does not apply to a water management area declared under a water plan or a water management protocol.

138Changing boundaries of water management areas

(1)The chief executive may change the boundaries of a water management area by—

(a)including land in the area; or

(b)removing land from the area.

(2)If the chief executive changes the boundaries of a water management area, the chief executive must—

(a)give notice of the change to the persons authorised to take water from land included in, or removed from, the area; or

(b)publish a notice about the change.

(3)However, subsection (2) does not apply to a change made under a water plan or water management protocol.

139Declared underground water areas—Act, s 1046

(1)For section 1046(1) of the Act, each area mentioned in schedule 17, part 1, column 1 is declared to be an underground water area and is given the name mentioned for the area.

(2)The exact location of the boundary for each underground water area is held in digital electronic form by the department, and may be inspected at any of the department’s service centres.

Editor's note—

The location of a boundary may also be inspected through the interactive online tool called the Queensland Globe.

(3)A water entitlement is required to take or interfere with underground water in the Fraser Island underground water area, other than for a purpose mentioned in schedule 17, part 1, column 2 for the area.

(4)A water entitlement, water permit or seasonal water assignment notice is required to take or interfere with underground water in another underground water area, other than for a purpose mentioned in schedule 17, part 1, column 2 for the area.

(5)Works for taking underground water through a subartesian bore in an underground water area mentioned in schedule 17, part 1 are assessable development if they are—

(a)for the Black River underground water area, the Cook underground water area and the Duck Farm underground water area—not an exempt bore; and

(b)for another underground water area—

(i)not an exempt bore: or

(ii)not works for a prescribed activity.

Note—

For the regulation of works for the taking or interfering with underground water through an artesian bore, other than through a monitoring bore, see the Planning Regulation 2017.

(6)To remove any doubt, it is declared that t he taking or interfering with water for a prescribed activity in the Black River underground water area, the Cook underground water area or the Duck Farm underground water area is limited to zero.

Note—

See section 101 of the Act.

(7)However, subsection (4), and the limitation mentioned in subsection (6), do not apply to the taking or interfering with water if the taking or interference—

(a)is necessary for a prescribed activity in the Black River underground water area; and

(b)is carried out using a bore lawfully constructed—

(i)in the Black River underground water area; and

(ii)before 6 December 2016.

s 139 amd 2017 SL No. 5 s 9; 2017 SL No. 103 s 178

140Critical distances for non-stock or domestic water bores in particular underground water areas

(1)This section applies to a non-stock or domestic water bore in an underground water area mentioned in schedule 17, part 2, column 1.

(2)The critical distance of the bore from a boundary of a parcel of land is the distance stated opposite the area in schedule 17, part 2, column 2.

(3)The critical distance of the bore from a watercourse is the distance stated opposite the area in schedule 17, part 2, column 3.

(4)The critical distance of the bore from another water bore is the distance stated opposite the area in schedule 17, part 2, column 4.

141Continuing former water areas—Act, s 1083

(1)This section applies only to former water areas—

(a)taken, under the Act, section 1083(2), to be authority areas established under the Act; and

(b)for which no water board was in existence immediately before the commencement of the Act, section 1083.

(2)A former water area mentioned in schedule 18, column 1, is shown on the plan mentioned opposite the area in column 2.

(3)The chief executive’s appointment to perform the functions of a water authority for the areas continues.

142Accounting period—Act, sch 4, definition water year

The accounting period for a water management protocol, resource operations licence, operations manual, interim resource operations licence or water licence for schedule 4, definition water year, paragraph (a) of the Act is—

(a)if the accounting period for the protocol, licence or manual is stated in the relevant water plan, water management protocol, resource operations licence, interim resource operations licence, operations manual, water sharing rules or seasonal water assignment rules (the relevant plan, protocol, manual, licence or rules)—as stated in the relevant plan, protocol, manual, licence or rules; or

(b)if the accounting period for the protocol, licence or manual is not stated in the relevant plan, protocol, manual, licence or rules—as otherwise prescribed under this regulation; or

(c)if the accounting period for the protocol, licence or manual is not stated in the relevant plan, protocol, manual, licence or rules and not otherwise prescribed under this regulation—as stated in the licence; or

(d)if the accounting period for the protocol, licence or manual is not stated in the relevant plan, protocol, manual, licence or rules, not otherwise prescribed under this regulation or stated in the licence—from 1 July to 30 June in the following year.

143Repeal

The following regulations are repealed—

•Water Regulation 2002, SL No. 70

•Water and Other Legislation Amendment Regulation (No. 1) 2014, SL No. 334

•Water and Other Legislation Amendment Regulation (No. 2) 2015, SL No. 123.

144Declared water management areas

(1)This section applies to an area that was declared to be a water management area under section 56(1) of the repealed regulation.

(2)The area continues as a water management area.

145References to repealed regulation

A reference in an Act or other document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.

sections 6 to 12

Diagram A—Overview of valley reaches

The upper valley reach of a valley drained by a watercourse is typically located in the most elevated parts of the watercourse catchment, often near the catchment’s watershed. The valley floor is typically quite narrow, characterised by gorges and in some places is only as wide as the watercourse itself. The valley floor is typically quite steep, characterised by waterfalls and cascades. The general direction and location of the reach is dictated by the valley margins which appear as significant geomorphic features.

The watercourse is typically narrow and deep with a V-shaped profile carved into the bedrock. The location of the watercourse within the narrow valley floor is generally dictated by the valley margins. The flow in the watercourse has high velocity and high energy, resulting in high erosive power. High flow events are confined within the watercourse by the adjoining valley margins. Past flow levels are often evidenced by scour marks on the valley margin or the deposition of lighter material, for example sands and twigs, carried by the flow. The bed and banks of the watercourse typically consist of bedrock and very coarse material, including boulders, cobbles and gravel. The movement and deposition of material happens primarily in periods of high flow. Flow tends to respond directly to rainfall events and during dry periods there is little or no base flow. Vegetation within or along the watercourse is often sparse or immature due to the regular scouring caused by high flow energy or by the absence of deep soil profiles.

Where the watercourse is wider, it could have a narrow bench adjacent to one bank or the other. These benches are typically made of finer materials, commonly cobbles and gravel. These benches tend to be short in length and disconnected, and alternate from one side of the watercourse to the other as the flow rebounds from one valley margin to the other. These benches are regularly reshaped by flow events.

Diagram B—Cross-sectional view of a typical upper valley reach

Diagram C—Cross-sectional view of a typical watercourse in an upper valley reach

The middle valley reach of a valley drained by a watercourse is typically located in the watercourse catchment’s pediment or foothills. The middle valley reach is at a higher elevation than the lower valley reach but is not as high as the upper valley reach. The valley floor is typically of moderate width, and is characterised by narrow floodplains between valley margins of fringing hills, terraces and low ridges. The valley floor has a moderate grade, characterised by a meandering watercourse and occasional cascades. The valley floor is typically comprised of ancient sediments deposited by the watercourse in earlier geological periods, and can be interrupted by occasional bedrock ridges or bars that are exposed in the watercourse.

The watercourse carries flow from several tributaries and so is typically deeper and wider than in the upper valley reach. The location of the watercourse within the valley floor is generally dictated by its meander pattern and is occasionally bounded by the valley margin. The flow in the watercourse has less energy and is not as fast as in the upper valley reach. However, it has enough energy to transport sediment eroded in the upper valley reach down to the lower valley reach. Much of the sediment being transported is temporarily stored in the watercourse (typically as in-stream benches and islands) or on adjacent floodplains before being further eroded and transported downstream in subsequent high flow events.

A number of benches are typical in the watercourse, created by the mixture of flow size and frequency. The lower, narrower channel of the watercourse is shaped by the more frequent, smaller flows and the wider, deeper channel of the watercourse is shaped by less frequent large flows. High flow events commonly erupt from the watercourse onto the adjacent floodplain. The bed and banks of the watercourse typically consist of medium-sized material, such as cobbles, gravel and sand. Subject always to long-term weather cycles, almost perennial base flows occur because of the slow drainage of upper sections of the middle valley reach and underground water inflows from alluvial floodplain aquifers along the watercourse. Vegetation within or along the watercourse is well established because of the reliable base flows and stable channel profile.

Diagram D—Cross-sectional view of a typical middle valley reach

Diagram E—Cross-sectional view of a typical watercourse in a middle valley reach

The lower valley reach of a valley drained by a watercourse is typically located in the watercourse catchment’s lowest elevations, generally immediately upstream of where the watercourse becomes tidal or where it flows into a natural terminal lake. The valley floor is quite broad, characterised by extensive floodplains between distant valley margins of fringing hills and low ridges. The valley floor has a low gradient, characterised by a strongly meandering watercourse with oxbows and occasional anabranches. The valley floor is typically comprised of ancient sediments deposited by the watercourse in earlier geological periods.

The watercourse gradient is quite low, resulting in slow moving flow. However, the watercourse is now carrying water from all upstream reaches and so dissipates this kinetic energy by meandering across the valley floor, eroding and depositing sediment along the way. This results in a comparatively wide, shallow channel, often with large sediment accumulations such as in-stream benches and islands. Sediment that makes up the channel of the watercourse and adjoining floodplains tends to be fine, commonly gravel, sand and silt, with low resistance to erosion. Large flows result in floods that spread across the floodplains, depositing fine sediment. Perennial base flows occur because of the slow drainage of upper sections of the lower valley reach and underground water inflows from alluvial floodplain aquifers along the watercourse. Vegetation within or along the watercourse is well established due to the reliable base flows and stable channel profile.

Diagram F—Cross-sectional view of a typical lower valley reach

Diagram G—Cross-sectional view of a typical watercourse in a lower valley reach

Diagram H—Cross-sectional view of a typical lower valley reach with multiple watercourses

Diagram I—Cross-sectional view of typical watercourses in a lower valley reach with multiple watercourses

section 14

Editor's note—

No unallocated water has been reserved under section 14.

section 25

1washing, for processing or packing, produce from a single farming enterprise

2operating a dairy

3washing down equipment, plant or vehicles—

(a)in accordance with best practice to prevent the spread of weed seeds; or

(b)for safety purposes; or

(c)used for private purposes

4washing down a place used to house domestic animals kept as pets

Examples of places used to house domestic animals kept as pets—

•a doghouse in the backyard of a residential property

•enclosures at a shelter for animals operated by a charitable organisation, for example, the RSPCA

5filling spray units used to apply herbicides or pesticides

6using stock dips and spray races for controlling parasites on livestock

7supplying water for temporary camps, or living quarters, for staff, for example, for operating toilets, showers, kitchens or laundries—

(a)on or for a farm; or

(b)that is incidental activity for an authority to prospect administered under the Petroleum and Gas Act; or

(c)as part of exercising entitlements under an exploration permit issued under the Mineral Resources Act

8supplying non-potable water to premises used solely for education or training purposes—

(a)including for use in a building; but

Examples of a building in which non-potable water may be used—

toilet block, classroom, dormitory, residence, workshop or laboratory

(b)not including irrigating land with an area of more than 0.5ha

9managing a public recreation area—

(a)including operating public toilets and showers; but

(b)not including irrigating land with an area of more than 0.5ha

10constructing works, infrastructure or plant—

(a)on or for a farm; or

Example—

using water to mix cement to be used to construct a shed on a farm

(b)that is an incidental activity for an authority to prospect, petroleum lease, pipeline licence or petroleum facility licence granted under the Petroleum and Gas Act; or

(c)that are temporary and reasonably necessary for, or incidental to, carrying on mining under a mining lease granted under the Mineral Resources Act

Examples of temporary infrastructure or plant—

•mobile or temporary camps

•temporary power lines

11constructing, but not maintaining, roads within—

(a)a farm; or

(b)the area of a mineral development licence, or mining lease, granted under the Mineral Resources Act; or

(c)the area of an authority to prospect, petroleum lease, pipeline licence or petroleum facility licence granted under the Petroleum and Gas Act

12constructing or maintaining infrastructure approved under an interim resource operations licence, resource operations licence or distribution operations licence

13the following activities in relation to pumps, wells or bores—

(a)constructing or drilling (including site establishment and rehabilitation and drill bit lubrication);

(b)proving supply;

(c)testing water quality;

(d)flushing out

14rehabilitating riparian land

section 26

1Hampton Irrigators Pty Ltd ACN 064 888 633

2Hinchley Bore Pty Ltd ACN 105 498 628

3Nuhrunda Park Co-operative Society Ltd ABN 28 992 741 260

4Minmore Road Water Group Ltd ACN 108 178 936

5Westaroy Progress Association Inc IA 15321

6Walker Pastoral and Agency Company Pty Ltd ACN 001 099 261

7Body Corporate for Coolibah Community Titles Scheme CMS 28706

8Body Corporate for Acacias Community Titles Scheme CMS 30332

9Australian Stockman’s Hall of Fame and Outback Heritage Centre ACN 010 007 093

10Etgold Pty Ltd ACN 010 705 432

11Stockyard Point Services Co-op Ltd QC 0202

12Body Corporate for Williams’ Retreat Community Titles Scheme CMS 23581

13Body Corporate for Crystal Waters Permaculture Village Community Titles Scheme CMS 20926

14Body Corporate for Sandalwoods Community Titles Scheme CMS 23452

15Body Corporate for Burdekin Riverside Community Titles Scheme CMS 18617

16Kingfisher Bay Resort Village Pty Ltd ACN 050 542 955

17Rosedale Water Supply Association Inc ABN 37 265 819 522

18Aurizon Operations Limited ACN 124 649 967

19Stanwell Corporation Limited ACN 078 848 674

20The Conondale Water Supply Co-op Ltd QC 0317

21Callide Power Management Pty. Limited ACN 082 468 700

22C S Energy Limited ACN 078 848 745

23Meridian Energy Australia Pty Limited ACN 143 533 322

24Troy Peter Sobczak and Kate Louise Sobczak, in their capacity as trustees for the Evergreen Trust under instrument 713266609, as joint holders of licences with licence numbers 61070B and 17990B or a licence that replaces either licence

25CP Water Pty Ltd ACN 164 388 612

26Coreen Water Pty Ltd ACN 165 776 036

27Grevillea Water Pty Ltd ACN 165 645 081

28Kooingal Water Pty Ltd ACN 165 779 322

29The parties to the ‘Middle Park Closed Water Agreement’, registered dealing number 715140398

30Mulgildie Water Pty Ltd ACN 165 779 331

31Myall Plains Water Co-operative Ltd QC 0316

32Oaky Creek Water Pty Ltd ACN 165 779 340

33The parties to the ‘Juandah Bore Water Group Closed Water Authority Agreement’, registered dealing number 715578077

34Washpool Water Pty Ltd ACN 167 582 514

35The parties to the ‘Marathon Bore Water Group Agreement’, registered dealing number 715961002

36The parties to the ‘Palmgrove Bore Water Group Agreement’, registered dealing number 715662828

37Crowley Vale Water Co-operative Limited QC 0333

38The parties to the ‘Weengallon Bore Water Group Agreement’, registered dealing number 716094379

39Adani Infrastructure Pty Ltd ACN 606 764 827

section 27

sch 5 amd 2017 SL No. 5 s 10

section 39

sch 6 amd 2017 SL No. 5 s 11

sections 51 and 54

sections 93, 94 and 94A

sch 8 amd 2017 SL No. 122 s 11

section 98

sch 9 amd 2017 SL No. 103 s 179; 2017 SL No. 164 s 73

section 102

sch hdg amd 2017 SL No. 103 s 180

1Application of code

(1)The code applies for the assessment of assessable development for—

(a)the construction of a new category 2 levee or new category 3 levee (each a new levee); or

(b)the modification of an existing levee if, after the modification, the levee (the modified levee) will fulfil the requirements for a category 2 levee or category 3 levee.

(2)The code should be read together with the document called ‘Guidelines for the construction or modification of category 2 and 3 levees’ published by the department.

Editor's note—

A copy of the document called ‘Guidelines for the construction or modification of category 2 and 3 levees’ is available on the department’s website.

s 1 amd 2017 SL No. 103 s 181

2Purpose of code

The purpose of the code is to ensure that a new levee or modified levee meets a set of criteria.

3Definitions

In this schedule—

modified levee see section 1(1)(b).

new levee see section 1(1)(a).

off-property impact, for a levee, see section 101(5) of this regulation.

4Compliance with code

(1)The code is complied with if each of the performance outcomes stated in column 1 of the table is complied with for a new levee or modified levee.

(2)A performance outcome is complied with if the new levee or modified levee—

(a)complies with an acceptable outcome stated in column 2 of the table; or

(b)otherwise satisfies the performance outcome mentioned in column 1 of the table.

Column 1	Column 2
Performance outcome	Acceptable outcome
1  any off-property impact from the levee is minimised and acceptable having regard to the following— •  the environment in which the levee is located; •  the measures proposed to be taken to mitigate any off-property impact; •  any compensation measures for an impact that are proposed by the applicant	the levee does not result in— (a)  an unacceptable change in hydraulic effects that occur off-property; and (b)  an unacceptable impact on people, property or the environment
2  the levee is a safe and stable structure	the design, construction, operation and maintenance for the levee is appropriate for the materials used and the levee’s intended function
3  community safety is ensured in the event a category 3 levee fails or overtops	appropriate emergency action procedures are in place for category 3 levees

sections 107 and 111(3)

sch 11 amd 2017 SL No. 5 s 12; 2017 SL No. 164 s 74

section 130

sch 12 sub 2017 SL No. 71 s 80

amd 2017 SL No. 122 s 12; 2017 SL No. 204 s 7

sub 2018 SL No. 63 s 78

section 132

sch 13 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78

section 133

sch 14 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78

section 135

sch 15 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78

section 136

sch 16 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78

section 139

sch 17 amd 2017 SL No. 164 s 75

section 141