{"id":"qld:sl-2019-0156","name":"Environmental Protection (Water and Wetland Biodiversity) Policy 2019","slug":"environmental-protection-water-and-wetland-biodiversity-policy-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"156 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174006,"registerId":"qld-sl-2019-0156-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis policy may be cited as the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2019.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this policy.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application and purpose of policy","content":"# Application and purpose of policy","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of policy","content":"### sec.4 Application of policy\n\nThis policy applies to waters and wetlands.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Purpose","content":"### sec.5 Purpose\n\nThe purpose of this policy is to achieve the object of the Act in relation to waters and wetlands.\nSee section 3 of the Act .\nThe purpose is achieved by—\nidentifying environmental values for waters and wetlands to be enhanced or protected; and\nidentifying management goals for waters; and\nstating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and\nproviding a framework for making consistent, equitable and informed decisions about waters; and\nmonitoring and reporting on the condition of waters.\ns 5 amd 2022 SL No. 125 s 3\n(sec.5-ssec.1) The purpose of this policy is to achieve the object of the Act in relation to waters and wetlands. See section 3 of the Act .\n(sec.5-ssec.2) The purpose is achieved by— identifying environmental values for waters and wetlands to be enhanced or protected; and identifying management goals for waters; and stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and providing a framework for making consistent, equitable and informed decisions about waters; and monitoring and reporting on the condition of waters.\n- (a) identifying environmental values for waters and wetlands to be enhanced or protected; and\n- (b) identifying management goals for waters; and\n- (c) stating water quality guidelines and water quality objectives for enhancing or protecting the environmental values for waters; and\n- (d) providing a framework for making consistent, equitable and informed decisions about waters; and\n- (e) monitoring and reporting on the condition of waters.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Basic concepts","content":"# Basic concepts","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Environmental values for waters","content":"### sec.6 Environmental values for waters\n\nThe environmental values for waters to be enhanced or protected under this policy are—\nfor water mentioned in schedule 1 , column 1—the environmental values stated in the document opposite the water in schedule 1 , column 2; or\nfor other water—the environmental values stated in subsection (2) .\nFor subsection (1) (b) , the environmental values are—\nfor high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or\nan aquatic ecosystem used for drinking water\nfor slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or\nfor moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or\nfor highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c) ; or\nfor waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for—\nproducing aquatic foods that are safe and suitable for human consumption; and\nhaving aquatic foods that are safe and suitable for human consumption taken from the water; or\nfor waters that may be used for aquaculture—the suitability of the water for aquacultural use; or\nfor waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or\nfor waters that may be used for recreation or aesthetic purposes—the suitability of the water for—\nprimary recreational use; or\nsecondary recreational use; or\nvisual recreational use; or\nfor waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or\nfor waters that may be used for industrial purposes—the suitability of the water for industrial use; or\nthe cultural and spiritual values of the water.\nIn this section—\naquatic foods includes the following in an aquatic ecosystem—\nfish, shellfish and other animals;\nplants.\ncultural and spiritual values , of water, means its scientific, social or other significance to the present generation or past or future generations, including Aboriginal people or Torres Strait Islanders.\nprimary recreational use , of water, means a use that involves the following types of contact with the water—\nfull body contact;\nfrequent immersion by the face and trunk;\nfrequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin.\ndiving, swimming, surfing\nsecondary recreational use , of water, means a use that involves the following types of contact with the water—\ncontact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual;\nboating, fishing, wading\noccasional inadvertent immersion resulting from slipping or being swept into the water by a wave.\nvisual recreational use , of water, means a use that does not ordinarily involve any contact with the water.\nangling from the shore, sunbathing near water\ns 6 amd 2022 SL No. 125 s 4\n(sec.6-ssec.1) The environmental values for waters to be enhanced or protected under this policy are— for water mentioned in schedule 1 , column 1—the environmental values stated in the document opposite the water in schedule 1 , column 2; or for other water—the environmental values stated in subsection (2) .\n(sec.6-ssec.2) For subsection (1) (b) , the environmental values are— for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or an aquatic ecosystem used for drinking water for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c) ; or for waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for— producing aquatic foods that are safe and suitable for human consumption; and having aquatic foods that are safe and suitable for human consumption taken from the water; or for waters that may be used for aquaculture—the suitability of the water for aquacultural use; or for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or for waters that may be used for recreation or aesthetic purposes—the suitability of the water for— primary recreational use; or secondary recreational use; or visual recreational use; or for waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or for waters that may be used for industrial purposes—the suitability of the water for industrial use; or the cultural and spiritual values of the water.\n(sec.6-ssec.3) In this section— aquatic foods includes the following in an aquatic ecosystem— fish, shellfish and other animals; plants. cultural and spiritual values , of water, means its scientific, social or other significance to the present generation or past or future generations, including Aboriginal people or Torres Strait Islanders. primary recreational use , of water, means a use that involves the following types of contact with the water— full body contact; frequent immersion by the face and trunk; frequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin. diving, swimming, surfing secondary recreational use , of water, means a use that involves the following types of contact with the water— contact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual; boating, fishing, wading occasional inadvertent immersion resulting from slipping or being swept into the water by a wave. visual recreational use , of water, means a use that does not ordinarily involve any contact with the water. angling from the shore, sunbathing near water\n- (a) for water mentioned in schedule 1 , column 1—the environmental values stated in the document opposite the water in schedule 1 , column 2; or\n- (b) for other water—the environmental values stated in subsection (2) .\n- (a) for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued; or Example of a highly valued aquatic ecosystem— an aquatic ecosystem used for drinking water\n- (b) for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators; or\n- (c) for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree; or\n- (d) for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c) ; or\n- (e) for waters that may be used to produce, or from which may be taken, aquatic foods for human consumption—the suitability of the water for— (i) producing aquatic foods that are safe and suitable for human consumption; and (ii) having aquatic foods that are safe and suitable for human consumption taken from the water; or\n- (i) producing aquatic foods that are safe and suitable for human consumption; and\n- (ii) having aquatic foods that are safe and suitable for human consumption taken from the water; or\n- (f) for waters that may be used for aquaculture—the suitability of the water for aquacultural use; or\n- (g) for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes; or\n- (h) for waters that may be used for recreation or aesthetic purposes—the suitability of the water for— (i) primary recreational use; or (ii) secondary recreational use; or (iii) visual recreational use; or\n- (i) primary recreational use; or\n- (ii) secondary recreational use; or\n- (iii) visual recreational use; or\n- (i) for waters that may be used for drinking water—the suitability of the water for supply as drinking water having regard to the level of treatment of the water; or\n- (j) for waters that may be used for industrial purposes—the suitability of the water for industrial use; or\n- (k) the cultural and spiritual values of the water.\n- (i) producing aquatic foods that are safe and suitable for human consumption; and\n- (ii) having aquatic foods that are safe and suitable for human consumption taken from the water; or\n- (i) primary recreational use; or\n- (ii) secondary recreational use; or\n- (iii) visual recreational use; or\n- (a) fish, shellfish and other animals;\n- (b) plants.\n- (a) full body contact;\n- (b) frequent immersion by the face and trunk;\n- (c) frequent contact with spray by the face where it is likely some water will be swallowed or inhaled, or come into contact with ears, nasal passages, mucous membranes or cuts in the skin.\n- (a) contact in which only the limbs are regularly wet, and other contact, including the swallowing of water, is unusual; Examples— boating, fishing, wading\n- (b) occasional inadvertent immersion resulting from slipping or being swept into the water by a wave.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Environmental values for wetlands","content":"### sec.7 Environmental values for wetlands\n\nThe environmental values for wetlands to be enhanced or protected under this policy are the qualities of a wetland that support and maintain the biodiversity of the wetland, including the following—\nthe health of the wetland’s ecosystems;\nthe wetland’s natural state and biological integrity;\nthe presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 ;\nthe wetland’s natural hydrological cycle;\nthe natural interaction of the wetland with other ecosystems, including other wetlands.\nIn this section—\nbiodiversity means natural diversity of living organisms, together with the environmental conditions and processes necessary for their survival, and includes each of the following—\necosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them;\nspecies diversity, that is, the diversity of species;\ngenetic diversity, that is, the diversity of genes within each species.\n(sec.7-ssec.1) The environmental values for wetlands to be enhanced or protected under this policy are the qualities of a wetland that support and maintain the biodiversity of the wetland, including the following— the health of the wetland’s ecosystems; the wetland’s natural state and biological integrity; the presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 ; the wetland’s natural hydrological cycle; the natural interaction of the wetland with other ecosystems, including other wetlands.\n(sec.7-ssec.2) In this section— biodiversity means natural diversity of living organisms, together with the environmental conditions and processes necessary for their survival, and includes each of the following— ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them; species diversity, that is, the diversity of species; genetic diversity, that is, the diversity of genes within each species.\n- (a) the health of the wetland’s ecosystems;\n- (b) the wetland’s natural state and biological integrity;\n- (c) the presence of distinct or unique features, endemic plants or animals and their habitats, including threatened wildlife and near threatened wildlife under the Nature Conservation Act 1992 ;\n- (d) the wetland’s natural hydrological cycle;\n- (e) the natural interaction of the wetland with other ecosystems, including other wetlands.\n- (a) ecosystem diversity, that is, the diversity of the different types of communities formed by living organisms and the relations between them;\n- (b) species diversity, that is, the diversity of species;\n- (c) genetic diversity, that is, the diversity of genes within each species.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Indicators and water quality guidelines for environmental values for waters","content":"### sec.8 Indicators and water quality guidelines for environmental values for waters\n\nAn indicator for an environmental value for water is a physical, chemical, biological or other property that can be measured or decided in a quantitative way.\nThe concentration of nutrients and pH value are types of chemical indicators.\nSecchi disc clarity and temperature are types of physical indicators.\nSeagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators.\nWater quality guidelines are quantitative measures or statements for indicators, including, for example, the concentration or load of a contaminant of water, that protect a stated environmental value.\nFor particular water, the indicators and water quality guidelines for an environmental value are decided using the following documents—\nsite-specific documents for the water;\nthe document called ‘Queensland water quality guidelines 2009’, published on the department’s website;\nthe document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth;\nthe document called ‘PFAS national environmental management plan’, published by the Commonwealth;\nthe document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website;\nthe document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website;\nthe document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website;\nother relevant documents published by a recognised entity.\nAlso, for water mentioned in schedule 1 , column 1, the indicators for an environmental value include the indicators stated in the document opposite the water in schedule 1 , column 2.\nTo the extent of any inconsistency between the documents mentioned in subsection (3) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection.\nIn this section—\nload , of a contaminant of water, means the mass of the contaminant in the water measured over a period of time.\nsite-specific document , for water, means a document that—\ncontains specific information about the water, or part of the water; and\nis recognised by the chief executive as having appropriate scientific authority.\ns 8 amd 2020 SL No. 243 s 3 ; 2022 SL No. 125 s 5\n(sec.8-ssec.1) An indicator for an environmental value for water is a physical, chemical, biological or other property that can be measured or decided in a quantitative way. The concentration of nutrients and pH value are types of chemical indicators. Secchi disc clarity and temperature are types of physical indicators. Seagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators.\n(sec.8-ssec.2) Water quality guidelines are quantitative measures or statements for indicators, including, for example, the concentration or load of a contaminant of water, that protect a stated environmental value.\n(sec.8-ssec.3) For particular water, the indicators and water quality guidelines for an environmental value are decided using the following documents— site-specific documents for the water; the document called ‘Queensland water quality guidelines 2009’, published on the department’s website; the document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth; the document called ‘PFAS national environmental management plan’, published by the Commonwealth; the document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website; the document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website; the document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website; other relevant documents published by a recognised entity.\n(sec.8-ssec.4) Also, for water mentioned in schedule 1 , column 1, the indicators for an environmental value include the indicators stated in the document opposite the water in schedule 1 , column 2.\n(sec.8-ssec.5) To the extent of any inconsistency between the documents mentioned in subsection (3) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection.\n(sec.8-ssec.6) In this section— load , of a contaminant of water, means the mass of the contaminant in the water measured over a period of time. site-specific document , for water, means a document that— contains specific information about the water, or part of the water; and is recognised by the chief executive as having appropriate scientific authority.\n- 1 The concentration of nutrients and pH value are types of chemical indicators.\n- 2 Secchi disc clarity and temperature are types of physical indicators.\n- 3 Seagrass depth range, macroinvertebrate family richness and percentage of exotic fish are types of biological indicators.\n- (a) site-specific documents for the water;\n- (b) the document called ‘Queensland water quality guidelines 2009’, published on the department’s website;\n- (c) the document called ‘Australian and New Zealand guidelines for fresh and marine water quality’, published by the Commonwealth;\n- (d) the document called ‘PFAS national environmental management plan’, published by the Commonwealth;\n- (e) the document called ‘Australian drinking water guidelines 6’, published on the National Health and Medical Research Council’s website;\n- (f) the document called ‘Guidelines for managing risks in recreational water’, published on the National Health and Medical Research Council’s website;\n- (g) the document called ‘Guidance on per and polyfluoroalkyl substances (PFAS) in recreational water’, published on the National Health and Medical Research Council’s website;\n- (h) other relevant documents published by a recognised entity.\n- (a) contains specific information about the water, or part of the water; and\n- (b) is recognised by the chief executive as having appropriate scientific authority.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"When environmental values for waters are protected","content":"### sec.9 When environmental values for waters are protected\n\nFor this policy, the environmental values for particular waters are protected if the measures for all indicators comply with the water quality guidelines stated for the indicators.\ns 9 amd 2022 SL No. 125 s 6","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Management goals and water quality objectives for waters","content":"# Management goals and water quality objectives for waters","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Management goals for waters","content":"### sec.10 Management goals for waters\n\nThe management goals for waters mentioned in schedule 1 , column 1 are the goals, if any, stated in the document opposite the water in schedule 1 , column 2.\nto maintain an area, composition and condition of seagrass beds, reefs or mangroves\nto maintain a stated level of diversity of fish species\n- • to maintain an area, composition and condition of seagrass beds, reefs or mangroves\n- • to maintain a stated level of diversity of fish species","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Water quality objectives for waters","content":"### sec.11 Water quality objectives for waters\n\nThis section and schedule 1 state the water quality objectives for waters to be achieved and maintained under this policy.\nSubject to subsection (4) , the water quality objectives for water mentioned in schedule 1 , column 1 are the objectives stated in the document opposite the water in schedule 1 , column 2.\nSubsection (4) applies if, for water mentioned in schedule 1 , column 1—\nan indicator and water quality guideline are decided for an environmental value for the water under section 8 (3) ; and\nthe indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1 , column 2.\nThe water quality guideline is also a water quality objective for the indicator for the water.\nThe water quality objectives for water not mentioned in schedule 1 , column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water.\nWithout limiting subsection (5) , the water quality objectives for Great Barrier Reef catchment waters also includes the objectives stated in the document called ‘Great Barrier Reef River Basins End of Basin Load Water Quality Objectives’, dated September 2019.\nThe document is available on the department’s website.\nHowever, water quality objectives do not apply to—\nwater in swimming pools; and\ndrinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and\nwaste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and\nwater in a pond used for aquaculture; and\nwater in a stormwater treatment system; and\nwater in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and\nwater in a privately owned dam, irrigation channel, pipeline or water tank.\nIn this section—\nstormwater treatment system means a system used for managing stormwater quality, quantity and flows.\ns 11 amd 2019 SL No. 234 s 21 ; 2020 Act No. 26 s 118 sch 1 ; 2022 SL No. 125 s 7\n(sec.11-ssec.1) This section and schedule 1 state the water quality objectives for waters to be achieved and maintained under this policy.\n(sec.11-ssec.2) Subject to subsection (4) , the water quality objectives for water mentioned in schedule 1 , column 1 are the objectives stated in the document opposite the water in schedule 1 , column 2.\n(sec.11-ssec.3) Subsection (4) applies if, for water mentioned in schedule 1 , column 1— an indicator and water quality guideline are decided for an environmental value for the water under section 8 (3) ; and the indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1 , column 2.\n(sec.11-ssec.4) The water quality guideline is also a water quality objective for the indicator for the water.\n(sec.11-ssec.5) The water quality objectives for water not mentioned in schedule 1 , column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water.\n(sec.11-ssec.6) Without limiting subsection (5) , the water quality objectives for Great Barrier Reef catchment waters also includes the objectives stated in the document called ‘Great Barrier Reef River Basins End of Basin Load Water Quality Objectives’, dated September 2019. The document is available on the department’s website.\n(sec.11-ssec.7) However, water quality objectives do not apply to— water in swimming pools; and drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and waste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and water in a pond used for aquaculture; and water in a stormwater treatment system; and water in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and water in a privately owned dam, irrigation channel, pipeline or water tank.\n(sec.11-ssec.8) In this section— stormwater treatment system means a system used for managing stormwater quality, quantity and flows.\n- (a) an indicator and water quality guideline are decided for an environmental value for the water under section 8 (3) ; and\n- (b) the indicator, and a water quality objective for the indicator, are not stated in the document opposite the water in schedule 1 , column 2.\n- (a) water in swimming pools; and\n- (b) drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and\n- (c) waste water in a storage, including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and\n- (d) water in a pond used for aquaculture; and\n- (e) water in a stormwater treatment system; and\n- (f) water in a device used for erosion and sediment control, including, for example, water in a sediment basin or sediment tank; and\n- (g) water in a privately owned dam, irrigation channel, pipeline or water tank.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Identifying environmental values etc. for waters","content":"### sec.12 Identifying environmental values etc. for waters\n\nThis section applies to water not mentioned in schedule 1 , column 1.\nFor developing a document about particular water that is to be included in schedule 1 , the chief executive may identify—\nthe environmental values to be protected for the water; and\nthe water quality objectives for the water; and\nways to improve the quality of the water.\nIn identifying the matters mentioned in subsection (2) , the chief executive must ensure there has been—\nconsultation with the community, including industry and commerce sectors; and\nconsideration of the economic and social impacts of protecting environmental values for the water.\nAlso, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 11 (4) only if—\nthe adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and\nthe water quality objectives are an improvement on existing water quality.\ns 12 amd 2022 SL No. 125 s 8\n(sec.12-ssec.1) This section applies to water not mentioned in schedule 1 , column 1.\n(sec.12-ssec.2) For developing a document about particular water that is to be included in schedule 1 , the chief executive may identify— the environmental values to be protected for the water; and the water quality objectives for the water; and ways to improve the quality of the water.\n(sec.12-ssec.3) In identifying the matters mentioned in subsection (2) , the chief executive must ensure there has been— consultation with the community, including industry and commerce sectors; and consideration of the economic and social impacts of protecting environmental values for the water.\n(sec.12-ssec.4) Also, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 11 (4) only if— the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and the water quality objectives are an improvement on existing water quality.\n- (a) the environmental values to be protected for the water; and\n- (b) the water quality objectives for the water; and\n- (c) ways to improve the quality of the water.\n- (a) consultation with the community, including industry and commerce sectors; and\n- (b) consideration of the economic and social impacts of protecting environmental values for the water.\n- (a) the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and\n- (b) the water quality objectives are an improvement on existing water quality.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Amending waters in sch 1","content":"### sec.13 Amending waters in sch 1\n\nThe chief executive may replace a document stated in schedule 1 , column 2 for particular water only if—\nthere has been consultation with the community, including industry and commerce sectors; and\nthe chief executive has considered the economic and social impacts of protecting environmental values for the water.\nHowever, subsection (1) does not apply to a replacement document if—\nthe purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or\nthe document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.\n(sec.13-ssec.1) The chief executive may replace a document stated in schedule 1 , column 2 for particular water only if— there has been consultation with the community, including industry and commerce sectors; and the chief executive has considered the economic and social impacts of protecting environmental values for the water.\n(sec.13-ssec.2) However, subsection (1) does not apply to a replacement document if— the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.\n- (a) there has been consultation with the community, including industry and commerce sectors; and\n- (b) the chief executive has considered the economic and social impacts of protecting environmental values for the water.\n- (a) the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or\n- (b) the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.","sortOrder":16},{"sectionNumber":"pt.5","sectionType":"part","heading":"Management of activities","content":"# Management of activities","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Management hierarchy for surface or groundwater","content":"### sec.14 Management hierarchy for surface or groundwater\n\nThis section states the management hierarchy for an activity that may affect water.\nSee the Environmental Protection Regulation 2019 , section 35 .\nTo the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with in the following order of preference—\nfirstly—reduce the production of waste water or contaminants by reducing the use of water;\nsecondly—prevent waste and implement appropriate waste prevention measures;\nthirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling;\nfourthly—evaluate the following options for waste water or contaminants in the order in which they are listed—\nappropriate treatment and release to a waste facility or sewer;\nappropriate treatment and release to land;\nappropriate treatment and release to surface waters or groundwaters.\nIn this section—\nappropriate treatment , of waste water or contaminants, means—\nfor release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or\nfor release to land—treatment that ensures the release to land is ecologically sustainable; or\nfor release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release—\nwill not affect the environmental values for the waters; or\nis offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.\nsewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\nwaste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste.\nwaste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal.\n(sec.14-ssec.1) This section states the management hierarchy for an activity that may affect water. See the Environmental Protection Regulation 2019 , section 35 .\n(sec.14-ssec.2) To the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with in the following order of preference— firstly—reduce the production of waste water or contaminants by reducing the use of water; secondly—prevent waste and implement appropriate waste prevention measures; thirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling; fourthly—evaluate the following options for waste water or contaminants in the order in which they are listed— appropriate treatment and release to a waste facility or sewer; appropriate treatment and release to land; appropriate treatment and release to surface waters or groundwaters.\n(sec.14-ssec.3) In this section— appropriate treatment , of waste water or contaminants, means— for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or for release to land—treatment that ensures the release to land is ecologically sustainable; or for release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release— will not affect the environmental values for the waters; or is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies. sewerage service provider see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 . waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste. waste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal.\n- (a) firstly—reduce the production of waste water or contaminants by reducing the use of water;\n- (b) secondly—prevent waste and implement appropriate waste prevention measures;\n- (c) thirdly—evaluate treatment and recycling options and implement appropriate treatment and recycling;\n- (d) fourthly—evaluate the following options for waste water or contaminants in the order in which they are listed— (i) appropriate treatment and release to a waste facility or sewer; (ii) appropriate treatment and release to land; (iii) appropriate treatment and release to surface waters or groundwaters.\n- (i) appropriate treatment and release to a waste facility or sewer;\n- (ii) appropriate treatment and release to land;\n- (iii) appropriate treatment and release to surface waters or groundwaters.\n- (i) appropriate treatment and release to a waste facility or sewer;\n- (ii) appropriate treatment and release to land;\n- (iii) appropriate treatment and release to surface waters or groundwaters.\n- (a) for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or\n- (b) for release to land—treatment that ensures the release to land is ecologically sustainable; or\n- (c) for release to surface waters or groundwaters—treatment that ensures, or the taking of other steps to ensure, that the release— (i) will not affect the environmental values for the waters; or (ii) is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.\n- (i) will not affect the environmental values for the waters; or\n- (ii) is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.\n- (i) will not affect the environmental values for the waters; or\n- (ii) is offset by undertaking an activity to counterbalance the impacts of releasing waste water or contaminants to waters, other than an offset to which the Environmental Offsets Act 2014 applies.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Management intent for waters","content":"### sec.15 Management intent for waters\n\nThis section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters.\nIt is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following—\nfor high ecological value waters—the measures for the indicators for all environmental values for waters are maintained;\nfor slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water;\nfor moderately disturbed waters—\nif the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or\nif the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;\nfor highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water.\ns 15 amd 2022 SL No. 125 s 9\n(sec.15-ssec.1) This section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters.\n(sec.15-ssec.2) It is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following— for high ecological value waters—the measures for the indicators for all environmental values for waters are maintained; for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water; for moderately disturbed waters— if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water; for highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water.\n- (a) for high ecological value waters—the measures for the indicators for all environmental values for waters are maintained;\n- (b) for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water;\n- (c) for moderately disturbed waters— (i) if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or (ii) if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;\n- (i) if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or\n- (ii) if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;\n- (d) for highly disturbed waters—the measures for the indicators for all environmental values are progressively improved to achieve the water quality objectives for the water.\n- (i) if the measures for the indicators for all environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or\n- (ii) if the measures for the indicators for all environmental values do not achieve the water quality objectives for the water—the measures for the indicators are improved to achieve the water quality objectives for the water;","sortOrder":19},{"sectionNumber":"pt.6","sectionType":"part","heading":"Healthy waters management plans","content":"# Healthy waters management plans","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Healthy waters management plans","content":"### sec.16 Healthy waters management plans\n\nThe chief executive may develop and implement an environmental plan about water (a healthy waters management plan ) to decide ways to improve the quality of the water.\nAlso, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan.\nA healthy waters management plan for water must—\ndescribe the water to which the plan applies; and\ninclude an assessment of the following for the water—\nany threats to water-dependent ecosystems;\nany matters that may adversely affect the use of the water as a supply of drinking water;\nany matters that may adversely affect the natural flows of the water; and\nif environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1 , column 2—include the environmental values and water quality objectives; and\nif environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and\nif a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and\nidentify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection.\nIn developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans.\n(sec.16-ssec.1) The chief executive may develop and implement an environmental plan about water (a healthy waters management plan ) to decide ways to improve the quality of the water.\n(sec.16-ssec.2) Also, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan.\n(sec.16-ssec.3) A healthy waters management plan for water must— describe the water to which the plan applies; and include an assessment of the following for the water— any threats to water-dependent ecosystems; any matters that may adversely affect the use of the water as a supply of drinking water; any matters that may adversely affect the natural flows of the water; and if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1 , column 2—include the environmental values and water quality objectives; and if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection.\n(sec.16-ssec.4) In developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans.\n- (a) describe the water to which the plan applies; and\n- (b) include an assessment of the following for the water— (i) any threats to water-dependent ecosystems; (ii) any matters that may adversely affect the use of the water as a supply of drinking water; (iii) any matters that may adversely affect the natural flows of the water; and\n- (i) any threats to water-dependent ecosystems;\n- (ii) any matters that may adversely affect the use of the water as a supply of drinking water;\n- (iii) any matters that may adversely affect the natural flows of the water; and\n- (c) if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1 , column 2—include the environmental values and water quality objectives; and\n- (d) if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and\n- (e) if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and\n- (f) identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection.\n- (i) any threats to water-dependent ecosystems;\n- (ii) any matters that may adversely affect the use of the water as a supply of drinking water;\n- (iii) any matters that may adversely affect the natural flows of the water; and","sortOrder":21},{"sectionNumber":"pt.7","sectionType":"part","heading":"Functions of chief executive","content":"# Functions of chief executive","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Community awareness and involvement","content":"### sec.17 Community awareness and involvement\n\nThis section applies if the chief executive decides to develop and implement a plan to—\nraise community awareness of issues about water quality; and\ninvolve the community in water quality management.\nThe chief executive must consider including in the plan—\na description of the issues about water quality; and\nways to raise community awareness and understanding about water quality policy, planning and management; and\nways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and\nways to better inform the community of issues about water quality management.\n(sec.17-ssec.1) This section applies if the chief executive decides to develop and implement a plan to— raise community awareness of issues about water quality; and involve the community in water quality management.\n(sec.17-ssec.2) The chief executive must consider including in the plan— a description of the issues about water quality; and ways to raise community awareness and understanding about water quality policy, planning and management; and ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and ways to better inform the community of issues about water quality management.\n- (a) raise community awareness of issues about water quality; and\n- (b) involve the community in water quality management.\n- (a) a description of the issues about water quality; and\n- (b) ways to raise community awareness and understanding about water quality policy, planning and management; and\n- (c) ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and\n- (d) ways to better inform the community of issues about water quality management.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Ambient monitoring","content":"### sec.18 Ambient monitoring\n\nIf the chief executive carries out a program of ambient monitoring of waters to assess the state of waters, the chief executive must—\ncarry out the monitoring under—\nthe document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and\nthe ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and\npublish the results of the monitoring on the department’s website; and\nprepare a report about the results of the monitoring.\nTo the extent of any inconsistency between the documents mentioned in subsection (1) (a) , the document mentioned in subsection (1) (a) (i) prevails.\nIf practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report.\nSubsection (5) applies if the measure of an indicator does not comply with a water quality objective because the noncompliance is caused by the natural properties of the water.\nFor preparing the report, the measure of the indicator is taken to comply with the water quality objective if, at the time the indicator is measured, the measure of the indicator is within the natural background level, as determined under the monitoring program, for the indicator.\nIf the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives.\nIn this section—\nambient monitoring , of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following—\nthe quantity, quality and characteristics of water;\nthe effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a) .\ns 18 amd 2020 SL No. 243 s 4\n(sec.18-ssec.1) If the chief executive carries out a program of ambient monitoring of waters to assess the state of waters, the chief executive must— carry out the monitoring under— the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and publish the results of the monitoring on the department’s website; and prepare a report about the results of the monitoring.\n(sec.18-ssec.2) To the extent of any inconsistency between the documents mentioned in subsection (1) (a) , the document mentioned in subsection (1) (a) (i) prevails.\n(sec.18-ssec.3) If practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report.\n(sec.18-ssec.4) Subsection (5) applies if the measure of an indicator does not comply with a water quality objective because the noncompliance is caused by the natural properties of the water.\n(sec.18-ssec.5) For preparing the report, the measure of the indicator is taken to comply with the water quality objective if, at the time the indicator is measured, the measure of the indicator is within the natural background level, as determined under the monitoring program, for the indicator.\n(sec.18-ssec.6) If the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives.\n(sec.18-ssec.7) In this section— ambient monitoring , of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following— the quantity, quality and characteristics of water; the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a) .\n- (a) carry out the monitoring under— (i) the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and (ii) the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and\n- (i) the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and\n- (ii) the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and\n- (b) publish the results of the monitoring on the department’s website; and\n- (c) prepare a report about the results of the monitoring.\n- (i) the document called ‘Monitoring and Sampling Manual 2018’, published on the department’s website; and\n- (ii) the ‘Australian and New Zealand guidelines for fresh and marine water quality’, published in 2018; and\n- (a) the quantity, quality and characteristics of water;\n- (b) the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a) .","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Amendment of Map of Queensland wetland environmental values","content":"### sec.19 Amendment of Map of Queensland wetland environmental values\n\nThe chief executive may amend the Map of Queensland wetland environmental values only if the amendment is made because—\nmore accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or\nthe chief executive considers that the ecological significance of a wetland has changed.\nIf the chief executive amends the map under subsection (1) , the chief executive must—\nfix a new edition number to the amended map; and\npublish the amended map on the department’s website.\n(sec.19-ssec.1) The chief executive may amend the Map of Queensland wetland environmental values only if the amendment is made because— more accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or the chief executive considers that the ecological significance of a wetland has changed.\n(sec.19-ssec.2) If the chief executive amends the map under subsection (1) , the chief executive must— fix a new edition number to the amended map; and publish the amended map on the department’s website.\n- (a) more accurate information indicating the extent, hydrological type or ecological significance of the wetland has become available; or\n- (b) the chief executive considers that the ecological significance of a wetland has changed.\n- (a) fix a new edition number to the amended map; and\n- (b) publish the amended map on the department’s website.","sortOrder":25},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Operation of sch 1","content":"### sec.20 Operation of sch 1\n\nThe boundaries of water mentioned in schedule 1 , column 1 are the boundaries identified in the document stated opposite the water in schedule 1 , column 2.\nThe documents mentioned in schedule 1 are published on the department’s website.","sortOrder":27},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":28},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Repeal","content":"### sec.21 Repeal\n\nThe Environmental Protection (Water) Policy 2009 , SL No. 178 is repealed.","sortOrder":30},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019","content":"## Transitional provision for Environmental Protection (Great Barrier Reef Protection Measures) and Other Legislation Amendment Regulation 2019","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application of s 11 during transitional period","content":"### sec.22 Application of s 11 during transitional period\n\nSection 11(4) does not apply in relation to an environmental management decision made during the transitional period.\nIn this section—\nenvironmental management decision see the Environmental Protection Regulation 2019 , section 32 .\ntransitional period means the period that starts on the commencement and ends 1 year after the commencement.\ns 22 ins 2019 SL No. 234 s 24\n(sec.22-ssec.1) Section 11(4) does not apply in relation to an environmental management decision made during the transitional period.\n(sec.22-ssec.2) In this section— environmental management decision see the Environmental Protection Regulation 2019 , section 32 . transitional period means the period that starts on the commencement and ends 1 year after the commencement.","sortOrder":32}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.6(2)(a)","severity":"medium","reasoning":"The definition conflates ecological value (unmodified natural state) with human-use value (drinking water utility). A reservoir serving a major city, with engineered embankments, introduced fish species, and regular chemical treatment, could satisfy 'highly valued' and thus attract the highest level of environmental protection under sec.15(2)(a), which requires all indicators to be 'maintained' — potentially freezing in place a degraded but utilised water body at its current state.","confidence":0.75,"description":"High ecological value waters are defined as 'effectively unmodified or highly valued' aquatic ecosystems, with a drinking water ecosystem given as an example of 'highly valued'. This creates a category conflation: a heavily chlorinated, chemically treated municipal water supply could qualify as 'high ecological value' simply because it is used for drinking water, despite being ecologically modified."},{"type":"self_contradicting","section":"sec.11(7)(b) and sec.6(2)(i)","severity":"high","reasoning":"The policy creates an environmental value for drinking water supply (sec.6(2)(i)) and states environmental values are protected by complying with water quality guidelines (sec.9). Water quality objectives are the operative instrument for achieving that compliance (sec.11(5)). Yet sec.11(7)(b) removes drinking water supply systems from the scope of water quality objectives entirely, rendering the environmental value for drinking water a hollow legal statement with no enforceable protection mechanism within this policy.","confidence":0.82,"description":"Section 6(2)(i) establishes an environmental value for waters used for drinking water, and sec.9 states environmental values are protected when measures comply with water quality guidelines. However, sec.11(7)(b) explicitly excludes 'drinking water in a domestic water supply system' from water quality objectives. This means drinking water is recognised as having an environmental value but is simultaneously exempted from the mechanism that protects it."},{"type":"self_contradicting","section":"sec.11(7)(d) and sec.6(2)(f)","severity":"medium","reasoning":"This mirrors the drinking water absurdity. The policy declares an environmental value specifically for aquaculture waters, then removes those waters from the scope of the water quality objectives that give the value legal effect. The practical result is that aquaculture ponds are simultaneously within the policy's declared scope of values and outside its operative protective framework.","confidence":0.8,"description":"Section 6(2)(f) identifies the suitability of water for aquacultural use as an environmental value, yet sec.11(7)(d) exempts 'water in a pond used for aquaculture' from water quality objectives. The environmental value exists on paper but the protective mechanism is completely excluded for the very waters to which it is most directly relevant."},{"type":"other","section":"sec.14(2)(a) and sec.14(2)(b)","severity":"low","reasoning":"Reducing the production of waste water by reducing water use (step 1) and preventing waste by avoiding generating waste (step 2, per the definition of 'waste prevention') overlap significantly. The definition of 'waste prevention' expressly includes 'practices or processes that avoid generating waste or reduce the quantity of waste' — which is substantively identical to step 1. The hierarchy presents them as sequential alternatives when they are largely concurrent or overlapping obligations.","confidence":0.65,"description":"The management hierarchy requires operators to 'firstly reduce the production of waste water or contaminants by reducing the use of water' and 'secondly prevent waste'. Logically, waste prevention (step 2) is a precondition for or equivalent to reducing production (step 1), making the order internally redundant. Preventing waste at source necessarily achieves the step 1 objective, meaning step 2 cannot logically follow step 1 as a separate and subsequent measure."},{"type":"other","section":"sec.12(4)","severity":"medium","reasoning":"There is no floor or minimum improvement threshold. For severely degraded water bodies, the provision could justify setting objectives only marginally better than the worst possible state, while the policy's stated purpose (sec.5) is to protect and enhance environmental values. This creates a structural pathway to legalise ongoing degradation, which conflicts with the policy's overarching protective purpose.","confidence":0.78,"description":"The chief executive may set water quality objectives that provide a lower level of protection than the water quality guidelines if doing so is an improvement on existing water quality. This creates a logical trap: if existing water quality is already very poor, the chief executive can lawfully entrench a permanently degraded standard simply because any marginal improvement clears the low bar of 'improvement on existing water quality', regardless of how far below the proper guidelines it sits."},{"type":"other","section":"sec.18(4)-(5)","severity":"low","reasoning":"While the provision has a pragmatic rationale, the deeming mechanism means monitoring reports will record 'compliant' for water that may be genuinely unsuitable for any of the environmental values in sec.6(2). This undermines the monitoring and reporting purpose stated in sec.5(2)(e) by producing reports that overstate compliance where natural conditions are the cause of harm.","confidence":0.6,"description":"Where non-compliance with a water quality objective is caused by the natural properties of the water, the measure is deemed to comply if it is 'within the natural background level'. This means that naturally toxic or naturally degraded water bodies — for example, waters with naturally high arsenic, acid drainage from natural sulphide geology, or naturally hypersaline environments — are deemed compliant regardless of actual ecological harm, potentially masking real environmental problems."},{"type":"impossible_compliance","section":"sec.8(1)","severity":"medium","reasoning":"Section 9 states that environmental values are protected only if measures for all indicators comply with water quality guidelines. Since sec.8(1) requires indicators to be measurable in a quantitative way, and cultural/spiritual values resist quantitative measurement, there is no lawful pathway to establishing whether the environmental value in sec.6(2)(k) is ever 'protected' within the meaning of sec.9. The value is legally recognised but structurally unprotectable under the policy's own framework.","confidence":0.85,"description":"An indicator is defined as a property 'that can be measured or decided in a quantitative way', yet sec.6(2)(k) lists 'cultural and spiritual values' as an environmental value. Cultural and spiritual values are inherently qualitative and subjective, making it logically impossible to identify a quantitative indicator — as required by sec.8 — for this environmental value."},{"type":"impossible_compliance","section":"sec.15(2)(b)","severity":"low","reasoning":"The practical gap between 'slightly modified physical or chemical indicators' and the 'effectively unmodified' standard of high ecological value water may be unbridgeable in many real-world contexts (e.g., waters in agricultural catchments where some nutrient elevation is structurally permanent). The aspirational 'progressive improvement' obligation may never be satisfiable, yet no alternative compliance pathway or endpoint is provided.","confidence":0.55,"description":"The management intent for slightly disturbed waters requires 'progressively improved' biological indicators to achieve water quality objectives for high ecological value water. However, sec.6(2)(a) defines high ecological value water as 'effectively unmodified', and sec.6(2)(b) defines slightly disturbed waters as having 'effectively unmodified biological indicators but slightly modified physical/chemical indicators'. The management intent in sec.15(2)(b) therefore requires improving only the physical/chemical indicators, yet the text refers to improving 'slightly modified physical or chemical indicators to achieve the water quality objectives for high ecological value water' — creating an effectively unachievable standard if 'effectively unmodified' is interpreted strictly."}],"contradictions":[{"severity":"medium","section_a":"sec.4","section_b":"sec.11(7)","confidence":0.77,"description":"Section 4 states the policy applies to 'waters and wetlands' without qualification. Section 11(7) then carves out seven categories of water — including swimming pools, domestic drinking water systems, aquaculture ponds, stormwater systems, and privately owned dams — from water quality objectives. Given that water quality objectives are the primary operative mechanism of the policy, these exclusions effectively mean the policy does not meaningfully apply to these waters despite sec.4's unqualified statement of application."},{"severity":"low","section_a":"sec.5(2)(e)","section_b":"sec.18(6)","confidence":0.65,"description":"Section 5(2)(e) lists 'monitoring and reporting on the condition of waters' as a mandatory component of how the policy's purpose is achieved, using the word 'must' implicitly through the list structure. Section 18(6) makes any investigation following failed water quality objectives merely discretionary ('may investigate'). The purpose provision implies robust monitoring and follow-through, while the operative provision makes response to identified failures optional."},{"severity":"medium","section_a":"sec.9","section_b":"sec.11(3)-(4)","confidence":0.72,"description":"Section 9 states environmental values are protected when 'measures for all indicators comply with the water quality guidelines stated for the indicators'. Sections 11(3)-(4) provide that where a water quality guideline is decided under sec.8(3) but no corresponding water quality objective exists in schedule 1 for that water, the guideline becomes the water quality objective. This creates a circularity: the guideline is both the measure of protection (sec.9) and simultaneously elevated to the status of a water quality objective (sec.11(4)), conflating two conceptually distinct standards — guidelines (aspirational benchmarks) and objectives (site-specific enforceable targets)."},{"severity":"medium","section_a":"sec.12(4)(b)","section_b":"sec.5(2)(a)","confidence":0.8,"description":"Section 5(2)(a) states the policy's purpose is achieved by 'identifying environmental values for waters and wetlands to be enhanced or protected'. Section 12(4) permits the chief executive to set water quality objectives providing a lower level of protection than the water quality guidelines where this is economically justified. Allowing deliberate downgrading of protection standards contradicts the policy's stated purpose of enhancement and protection."},{"severity":"high","section_a":"sec.13(1)","section_b":"sec.13(2)(b)","confidence":0.88,"description":"Section 13(1) requires community consultation and consideration of economic and social impacts before the chief executive can replace a schedule 1 document. Section 13(2)(b) exempts replacement documents from this requirement if 'the document being replaced states that an amendment of a stated type may be made under this subsection'. This means a document can self-authorise its own future amendment without consultation, effectively allowing the chief executive to circumvent the consultation requirement by pre-drafting documents with broad self-amendment clauses, defeating the protective purpose of sec.13(1)."},{"severity":"medium","section_a":"sec.6(2)(a)","section_b":"sec.15(2)(a)","confidence":0.7,"description":"Section 6(2)(a) defines high ecological value waters to include ecosystems that are 'effectively unmodified OR highly valued' (the latter exemplified by drinking water use). Section 15(2)(a) requires that for high ecological value waters, indicators must be 'maintained'. Where a high ecological value water is so classified only because it is used for drinking water (and may therefore already be moderately degraded ecologically), the obligation to 'maintain' current indicator measures may lock in a degraded ecological state rather than pursue improvement, in direct tension with the policy's enhancement purpose in sec.5."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The policy expanded in scope compared to the original 2009 Environmental Protection (Water) Policy it replaced. The original focused primarily on water quality. The 2019 version explicitly adds wetland biodiversity protection as a distinct and co-equal object, incorporates PFAS contamination guidelines (added by 2020 amendment), includes recognition of Aboriginal and Torres Strait Islander cultural and spiritual values of water, adds Great Barrier Reef catchment-specific water quality objectives, and establishes a more structured management hierarchy for wastewater discharge. These additions represent a meaningful broadening beyond the original water quality focus."},"complexity_factors":["Tiered classification system for water bodies (high ecological value, slightly disturbed, moderately disturbed, highly disturbed) with different obligations applying to each tier","Multiple overlapping external documents incorporated by reference (e.g., Queensland Water Quality Guidelines 2009, Australian and New Zealand guidelines, PFAS management plans, drinking water guidelines), creating a hierarchy of documents that must be consulted","Dual regulatory objects covering both waters and wetlands, with distinct frameworks for each","Schedule 1 is referenced extensively throughout but not reproduced in this extract, requiring cross-referencing to understand specific obligations for named water bodies","Interaction with multiple other pieces of legislation (Environmental Protection Act, Environmental Protection Regulation 2019, Water Act 2000, Nature Conservation Act 1992, Environmental Offsets Act 2014, Water Supply (Safety and Reliability) Act 2008)","Nuanced exceptions and carve-outs (e.g., exclusions from water quality objectives in s.11, transitional provisions in s.22)","Management intent provisions (s.15) set different restoration trajectories for each water quality class, requiring understanding of context-specific obligations","Ability of chief executive to set water quality objectives below guideline levels for economic/social reasons introduces discretionary complexity","PFAS (per- and polyfluoroalkyl substances — a class of industrial chemicals) provisions added by amendment, expanding technical scope"],"plain_english_summary":"The Environmental Protection (Water and Wetland Biodiversity) Policy 2019 is Queensland’s framework for protecting water and wetland quality and biodiversity. It sets environmental values and water-quality objectives, establishes a management hierarchy for discharges, enables targeted management plans, and requires monitoring and reporting.\n\nIt affects businesses, farmers, local governments, recreational users, Traditional Owners and regulators — and matters for restoring and safeguarding important systems like the Great Barrier Reef catchment."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument expressly repeals the 2009 policy (s21) and replaces it, but the statutory scope in this text remains focused on waters and wetlands. The policy adds specific procedural and technical mechanisms (e.g. named guidance documents, healthy waters plans, management hierarchy) without an express textual narrowing or widening of the classes of water covered."},"complexity_factors":["Multiple technical guidance sources and an explicit precedence order for selecting indicators and water quality guidelines (s8(3)–(5)).","Chief executive discretion to identify, adopt or replace documents for particular waters, subject to consultation and economic/social impact consideration (ss12–13).","Management hierarchy for wastewater and contaminants that allows treatment, land release, water release or offsets, with a definitional cross‑check to other laws (s14; definition of appropriate treatment).","Monitoring and reporting obligations tied to external manuals and guidelines, with a rule for which document prevails on inconsistency (s18(1)–(2), (5)).","Specified exemptions where water quality objectives do not apply (e.g. pools, private dams, stormwater systems), creating carve‑outs for many private infrastructure types (s11(7)).","Cross‑references to other instruments and Acts (Environmental Protection Regulation 2019, Water Act 2000, Environmental Offsets Act 2014, Nature Conservation Act 1992) increasing interpretive and implementation complexity (see ss5,14,16,7).","Dependence on schedule 1 documents and externally published material (s3, s20), which shifts substantive technical detail outside the instrument and into changing departmental publications.","Ambiguities in operationalising terms like ‘appropriate treatment’, ‘ecologically sustainable’ and ‘unacceptable economic or social impacts’ which create scope for administrative judgement (s14, s12(4))."],"plain_english_summary":"This policy sets environmental values, management goals and measurable water quality objectives for Queensland waters and wetlands, and creates rules for decision‑making about discharges, monitoring and planning. The chief executive decides or recognises site‑specific guidance, may develop healthy waters management plans, amend the wetland map, and must consult and consider economic and social impacts (see ss.8,12–13,16,19). Those releasing wastewater must follow a management hierarchy: avoid/reduce, prevent, treat/recycle, then consider release or offsets (ss.14–15)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a water and wetland protection policy. The 2019 version replaced the 2009 Water Policy and added wetland biodiversity explicitly to the title and scope. Amendments through 2022 have refined operational details (particularly around PFAS management and Great Barrier Reef protections) without fundamentally expanding beyond the core purpose of water quality management and wetland protection."},"complexity_factors":["Multiple nested conditional structures in sections 6, 11, and 15 with tiered logic for different water classifications","Heavy reliance on external documents (8+ referenced guidelines and manuals) with a specific hierarchy for resolving inconsistencies","Cross-references to at least 5 other Acts (Environmental Protection Act 1994, Nature Conservation Act 1992, Water Act 2000, Water Supply (Safety and Reliability) Act 2008, Environmental Offsets Act 2014)","Schedule 1 mechanism where specific waters are listed in a separate document with their own environmental values and objectives","Multiple amendment history entries (2019, 2020, 2022) indicating evolving regulatory requirements","Defined terms scattered throughout sections rather than concentrated in the dictionary (e.g., 'primary recreational use', 'cultural and spiritual values', 'ambient monitoring')","Exception clauses in section 11(7) listing 7 specific types of water excluded from water quality objectives","Conditional exceptions in section 12 allowing lower protection levels only if specific economic/social impact tests are met"],"plain_english_summary":"This is a Queensland environmental policy that sets the rules for protecting water quality and wetland biodiversity across the state.\n\n**What it does:**\nThe policy establishes a framework for keeping Queensland's rivers, lakes, groundwater, and wetlands healthy. It defines what \"healthy\" means for different types of water bodies and sets measurable standards for water quality.\n\n**Key concepts explained:**\n- **Environmental values** — the specific uses or qualities of water that need protection (like drinking water, swimming, supporting wildlife, or cultural significance for First Nations people)\n- **Water quality objectives** — the measurable targets that water must meet to protect these values\n- **Indicators** — things we can measure to check water health (like pH levels, temperature, or the variety of fish species)\n\n**Who it affects:**\n- **Industry and agriculture** — anyone releasing wastewater or contaminants must follow a strict hierarchy: reduce waste first, recycle second, treat before releasing last\n- **Developers and miners** — must ensure their activities don't degrade water quality beyond specified levels\n- **Local communities** — the policy requires community consultation when setting standards for local waters\n- **Government agencies** — the chief executive must monitor water quality, publish results, and develop management plans\n\n**The protection hierarchy:**\nThe policy recognises four classes of water based on how pristine they are:\n- **High ecological value** — must maintain current pristine condition\n- **Slightly disturbed** — must improve back toward pristine\n- **Moderately disturbed** — must maintain current condition or improve to meet objectives\n- **Highly disturbed** — must progressively improve\n\n**Why it matters:**\nThis policy directly protects the Great Barrier Reef by setting specific water quality objectives for reef catchment waters. It also safeguards drinking water supplies, fishing industries, recreational swimming spots, and culturally significant waterways. The framework ensures decisions about water use are consistent across Queensland while allowing flexibility for local conditions through site-specific documents."}},"importantCases":[],"_links":{"self":"/api/acts/environmental-protection-water-and-wetland-biodiversity-policy-2019","history":"/api/acts/environmental-protection-water-and-wetland-biodiversity-policy-2019/history","analysis":"/api/acts/environmental-protection-water-and-wetland-biodiversity-policy-2019/analysis","conflicts":"/api/acts/environmental-protection-water-and-wetland-biodiversity-policy-2019/conflicts","importantCases":"/api/acts/environmental-protection-water-and-wetland-biodiversity-policy-2019/important-cases","documents":"/api/acts/environmental-protection-water-and-wetland-biodiversity-policy-2019/documents"}}