{"id":"qld:sl-2010-0306","name":"Water Plan (Baffle Creek Basin) 2010","slug":"water-plan-baffle-creek-basin-2010","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"306 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175782,"registerId":"qld-qld:sl-2010-0306-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.16","sectionType":"section","heading":"Decisions to be consistent with environmental flow objectives","content":"### sec.16 Decisions to be consistent with environmental flow objectives\n\nDecisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with the environmental flow objectives stated in schedule 4 .","sortOrder":1},{"sectionNumber":"sec.17","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.17 Assessing impact of decisions\n\nThe IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.\nIf it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.\n(sec.17-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.\n(sec.17-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\n(sec.17-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.","sortOrder":2},{"sectionNumber":"sec.18","sectionType":"section","heading":"Decisions are not to increase amount of water taken","content":"### sec.18 Decisions are not to increase amount of water taken\n\nThe chief executive is not to make a decision about the allocation or management of water in the plan area that would increase the average volume of water allowed to be taken under any authorisation in the plan area.\nSubsection (1) does not apply to a decision about—\na water permit; or\nreinstating an expired water licence; or\nreplacing an original licence if the licence is to be replaced with 2 or more water licences; or\nreplacing an expired licence with 1 or more licences; or\nunallocated water.\nIn this section—\naverage volume , of water allowed to be taken under an authorisation, means the total volume of water simulated to have been taken under the authorisation during the simulation period if the authorisation was in existence for the whole of the simulation period, divided by the number of years in the simulation period.\ns 18 amd 2014 SL No. 142 s 3\n(sec.18-ssec.1) The chief executive is not to make a decision about the allocation or management of water in the plan area that would increase the average volume of water allowed to be taken under any authorisation in the plan area.\n(sec.18-ssec.2) Subsection (1) does not apply to a decision about— a water permit; or reinstating an expired water licence; or replacing an original licence if the licence is to be replaced with 2 or more water licences; or replacing an expired licence with 1 or more licences; or unallocated water.\n(sec.18-ssec.3) In this section— average volume , of water allowed to be taken under an authorisation, means the total volume of water simulated to have been taken under the authorisation during the simulation period if the authorisation was in existence for the whole of the simulation period, divided by the number of years in the simulation period.\n- (a) a water permit; or\n- (b) reinstating an expired water licence; or\n- (c) replacing an original licence if the licence is to be replaced with 2 or more water licences; or\n- (d) replacing an expired licence with 1 or more licences; or\n- (e) unallocated water.","sortOrder":3},{"sectionNumber":"sec.19","sectionType":"section","heading":"Measuring devices","content":"### sec.19 Measuring devices\n\ns 19 om 2014 SL No. 142 s 4","sortOrder":4},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Unallocated water","content":"# Unallocated water","sortOrder":5},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Continued moratorium and interim arrangements for applications","content":"## Continued moratorium and interim arrangements for applications","sortOrder":6},{"sectionNumber":"sec.20","sectionType":"section","heading":"Continued effect of moratorium notice— Act , s 46 (3)","content":"### sec.20 Continued effect of moratorium notice— Act , s 46 (3)\n\ns 20 om 2014 SL No. 142 s 5","sortOrder":7},{"sectionNumber":"sec.21","sectionType":"section","heading":"Particular applications made before 16 July 2004","content":"### sec.21 Particular applications made before 16 July 2004\n\ns 21 om 2014 SL No. 142 s 5","sortOrder":8},{"sectionNumber":"sec.22","sectionType":"section","heading":"Interim arrangements for applications about unallocated water","content":"### sec.22 Interim arrangements for applications about unallocated water\n\ns 22 om 2014 SL No. 142 s 5","sortOrder":9},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Unallocated water reserves","content":"## Unallocated water reserves","sortOrder":10},{"sectionNumber":"sec.23","sectionType":"section","heading":"Unallocated water held as strategic reserve and general reserve","content":"### sec.23 Unallocated water held as strategic reserve and general reserve\n\nUnallocated water in the plan area is divided into a strategic reserve and a general reserve.","sortOrder":11},{"sectionNumber":"sec.24","sectionType":"section","heading":"Purpose for which unallocated water held as strategic reserve may be granted","content":"### sec.24 Purpose for which unallocated water held as strategic reserve may be granted\n\nUnallocated water held as a strategic reserve may be granted only if the water is to be taken for a State purpose.","sortOrder":12},{"sectionNumber":"sec.25","sectionType":"section","heading":"Volumetric limits","content":"### sec.25 Volumetric limits\n\nThe total of the nominal entitlements for all water licences to take unallocated water granted from the strategic reserve in a catchment area mentioned in schedule 5 , part 1 , column 1 is stated in schedule 5 , part 1 , column 2 opposite the area.","sortOrder":13},{"sectionNumber":"sec.26","sectionType":"section","heading":"Period for which water is granted for particular State purpose","content":"### sec.26 Period for which water is granted for particular State purpose\n\nThis section applies to the volume of water granted from the strategic reserve for either of the following State purposes—\na project of State significance;\na project of regional significance.\nThe volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n(sec.26-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a project of State significance; a project of regional significance.\n(sec.26-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n- (a) a project of State significance;\n- (b) a project of regional significance.","sortOrder":14},{"sectionNumber":"sec.27","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.27 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—\nthe outcomes under chapter 3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant consideration.\n- (a) the outcomes under chapter 3 ;\n- (b) the economic or social impact the project will have on the region;\n- (c) the public interest and the welfare of people in the region;\n- (d) any other relevant consideration.","sortOrder":15},{"sectionNumber":"sec.28","sectionType":"section","heading":"Purpose for which unallocated water held as general reserve may be granted","content":"### sec.28 Purpose for which unallocated water held as general reserve may be granted\n\nUnallocated water held as a general reserve may be granted for any purpose.","sortOrder":16},{"sectionNumber":"sec.29","sectionType":"section","heading":"Volumetric limits","content":"### sec.29 Volumetric limits\n\nThe total of the nominal entitlements for all water licences to take unallocated water granted from the general reserve in a catchment area mentioned in schedule 5 , part 2 , column 1 is stated in schedule 5 , part 2 , column 2 opposite the area.","sortOrder":17},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Other limitations on granting unallocated water","content":"## Other limitations on granting unallocated water","sortOrder":18},{"sectionNumber":"sec.30","sectionType":"section","heading":"Restrictions on taking water from lakes","content":"### sec.30 Restrictions on taking water from lakes\n\nA water licence to take unallocated water, granted from either the strategic or general reserve, must not authorise the taking of water from a lake.","sortOrder":19},{"sectionNumber":"sec.31","sectionType":"section","heading":"Pass flow conditions for taking unallocated water","content":"### sec.31 Pass flow conditions for taking unallocated water\n\nWater licences to take water from a watercourse granted from the strategic or general reserve must include a pass flow condition.\nIn deciding the pass flow condition, the chief executive must consider—\nexisting downstream entitlement holders; and\nthe daily volumetric limit to be stated on the licence.\nThe pass flow condition must be at least—\nfor the Baffle Creek catchment area, the greater of the following—\nthe flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;\n86.4ML a day; or\nfor the Littabella Creek catchment area, the greater of the following—\nthe flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;\n43ML a day; or\nfor the Broadwater Creek, Eurimbula Creek or Worthington Creek catchment area—86.4ML a day.\nThis section does not apply to a water licence to take water from an impoundment.\nIn this section—\npass flow condition means a condition on a water licence to take water that states the rate of flow in a watercourse that must, while water is being taken under the licence, be passing immediately downstream of the point on the watercourse at which water is taken under the licence.\n(sec.31-ssec.1) Water licences to take water from a watercourse granted from the strategic or general reserve must include a pass flow condition.\n(sec.31-ssec.2) In deciding the pass flow condition, the chief executive must consider— existing downstream entitlement holders; and the daily volumetric limit to be stated on the licence.\n(sec.31-ssec.3) The pass flow condition must be at least— for the Baffle Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561; 86.4ML a day; or for the Littabella Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1; 43ML a day; or for the Broadwater Creek, Eurimbula Creek or Worthington Creek catchment area—86.4ML a day.\n(sec.31-ssec.4) This section does not apply to a water licence to take water from an impoundment.\n(sec.31-ssec.5) In this section— pass flow condition means a condition on a water licence to take water that states the rate of flow in a watercourse that must, while water is being taken under the licence, be passing immediately downstream of the point on the watercourse at which water is taken under the licence.\n- (a) existing downstream entitlement holders; and\n- (b) the daily volumetric limit to be stated on the licence.\n- (a) for the Baffle Creek catchment area, the greater of the following— (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561; (ii) 86.4ML a day; or\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;\n- (ii) 86.4ML a day; or\n- (b) for the Littabella Creek catchment area, the greater of the following— (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1; (ii) 43ML a day; or\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;\n- (ii) 43ML a day; or\n- (c) for the Broadwater Creek, Eurimbula Creek or Worthington Creek catchment area—86.4ML a day.\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;\n- (ii) 86.4ML a day; or\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;\n- (ii) 43ML a day; or","sortOrder":20},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Dealing with unallocated water under the resource operations plan","content":"## Dealing with unallocated water under the resource operations plan","sortOrder":21},{"sectionNumber":"sec.32","sectionType":"section","heading":"Process for dealing with unallocated water","content":"### sec.32 Process for dealing with unallocated water\n\nThe resource operations plan includes the process for dealing with unallocated water in the plan area.\nIn preparing and implementing the process the chief executive is to consider the following—\nthe purpose for which the water is required;\nthe efficiency of existing and proposed water use practices;\nthe extent to which water is being taken under existing authorisations in the plan area;\nthe availability of an alternative water supply for the purpose for which the water is required;\nthe impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;\nwhether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\nthe streamflows required to maintain the following—\nthe longitudinal connectivity of low flow habitats throughout river systems in the plan area;\nthe wetted habitats at riffles and other stream bed features;\nthe natural seasonality of flows and zero flows;\nthe replenishment of refuge pools that enable movement of in-stream biota;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\nthe impact the taking of, or proposed taking of, water may have on the following—\nwater quality;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nriparian vegetation;\nhabitats for native plants and animals;\nthe movement of fish and other aquatic species;\nthe recreational and aesthetic values of the plan area;\ncultural values, including, for example, cultural values of the traditional owners of the plan area;\nthe ecological values of watercourses, lakes or springs.\nSubsection (2) does not limit the matters the chief executive may consider.\n(sec.32-ssec.1) The resource operations plan includes the process for dealing with unallocated water in the plan area.\n(sec.32-ssec.2) In preparing and implementing the process the chief executive is to consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water is being taken under existing authorisations in the plan area; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other stream bed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of in-stream biota; the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; the impact the taking of, or proposed taking of, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the recreational and aesthetic values of the plan area; cultural values, including, for example, cultural values of the traditional owners of the plan area; the ecological values of watercourses, lakes or springs.\n(sec.32-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.\n- (a) the purpose for which the water is required;\n- (b) the efficiency of existing and proposed water use practices;\n- (c) the extent to which water is being taken under existing authorisations in the plan area;\n- (d) the availability of an alternative water supply for the purpose for which the water is required;\n- (e) the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;\n- (f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\n- (g) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other stream bed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of in-stream biota; (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other stream bed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of in-stream biota;\n- (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\n- (h) the impact the taking of, or proposed taking of, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) riparian vegetation; (v) habitats for native plants and animals; (vi) the movement of fish and other aquatic species; (vii) the recreational and aesthetic values of the plan area; (viii) cultural values, including, for example, cultural values of the traditional owners of the plan area; (ix) the ecological values of watercourses, lakes or springs.\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) riparian vegetation;\n- (v) habitats for native plants and animals;\n- (vi) the movement of fish and other aquatic species;\n- (vii) the recreational and aesthetic values of the plan area;\n- (viii) cultural values, including, for example, cultural values of the traditional owners of the plan area;\n- (ix) the ecological values of watercourses, lakes or springs.\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other stream bed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of in-stream biota;\n- (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) riparian vegetation;\n- (v) habitats for native plants and animals;\n- (vi) the movement of fish and other aquatic species;\n- (vii) the recreational and aesthetic values of the plan area;\n- (viii) cultural values, including, for example, cultural values of the traditional owners of the plan area;\n- (ix) the ecological values of watercourses, lakes or springs.","sortOrder":22},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Interference with water in a watercourse, lake or spring","content":"# Interference with water in a watercourse, lake or spring","sortOrder":23},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of pt 3","content":"### sec.33 Application of pt 3\n\nThis part applies to applications, made under section 206 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.","sortOrder":24},{"sectionNumber":"sec.34","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.34 Limitations on interference with water\n\nThe water licence may be granted only if the proposed impoundment is to be used—\nto supply water for stock or domestic purposes; or\nto provide a pumping pool to enable water to be taken under an authorisation.\nHowever, the water licence may also be granted if the proposed impoundment is related to—\na proposed water licence to take water that is allocated under the process mentioned in section 32 (1) ; or\na proposed water licence, for the Gladstone Regional Council, to interfere with water in Bottle Creek at Wills Road.\n(sec.34-ssec.1) The water licence may be granted only if the proposed impoundment is to be used— to supply water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation.\n(sec.34-ssec.2) However, the water licence may also be granted if the proposed impoundment is related to— a proposed water licence to take water that is allocated under the process mentioned in section 32 (1) ; or a proposed water licence, for the Gladstone Regional Council, to interfere with water in Bottle Creek at Wills Road.\n- (a) to supply water for stock or domestic purposes; or\n- (b) to provide a pumping pool to enable water to be taken under an authorisation.\n- (a) a proposed water licence to take water that is allocated under the process mentioned in section 32 (1) ; or\n- (b) a proposed water licence, for the Gladstone Regional Council, to interfere with water in Bottle Creek at Wills Road.","sortOrder":25},{"sectionNumber":"sec.35","sectionType":"section","heading":"Interference with water for the provision of a pumping pool","content":"### sec.35 Interference with water for the provision of a pumping pool\n\nThis section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\nThe proposed storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly while minimising the impact the proposed interference may have on the following—\nin-stream water levels;\na matter mentioned in section 32 (2) (h) (i) to (ix) .\nIn deciding the application, the chief executive must also consider any alternative methods for providing for the operation of the pump that may minimise the impact mentioned in subsection (2) .\na pump well constructed in bed sand\n(sec.35-ssec.1) This section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\n(sec.35-ssec.2) The proposed storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly while minimising the impact the proposed interference may have on the following— in-stream water levels; a matter mentioned in section 32 (2) (h) (i) to (ix) .\n(sec.35-ssec.3) In deciding the application, the chief executive must also consider any alternative methods for providing for the operation of the pump that may minimise the impact mentioned in subsection (2) . a pump well constructed in bed sand\n- (a) in-stream water levels;\n- (b) a matter mentioned in section 32 (2) (h) (i) to (ix) .","sortOrder":26},{"sectionNumber":"sec.36","sectionType":"section","heading":"Interference with water related to the granting of unallocated water","content":"### sec.36 Interference with water related to the granting of unallocated water\n\nThis section applies if the proposed interference with water is related to the granting of unallocated water.\nThe interference must not be greater than is necessary for the purpose of taking the unallocated water.\nIn deciding the application, the chief executive must consider the impact the proposed interference may have on in-stream water levels and the matters mentioned in section 32 (2) (h) (i) to (ix) .\nA water licence to interfere with water, granted in association with a water licence to take water granted from the release of unallocated water, must include a pass flow condition.\nIn deciding the pass flow condition, the chief executive must consider existing downstream entitlement holders.\nThe pass flow condition must be at least—\nfor the Baffle Creek catchment area, the greater of the following—\nthe flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;\n86.4ML a day; or\nfor the Littabella Creek catchment area, the greater of the following—\nthe flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;\n43ML a day; or\nfor the Broadwater Creek catchment area—86.4ML a day.\nIn this section—\npass flow condition means a condition on a water licence, to interfere with water by impounding the flow of water in a watercourse, that states the minimum rate of flow in the watercourse below which water interfered with under the licence must be allowed to pass freely downstream of the location of the interference.\n(sec.36-ssec.1) This section applies if the proposed interference with water is related to the granting of unallocated water.\n(sec.36-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water.\n(sec.36-ssec.3) In deciding the application, the chief executive must consider the impact the proposed interference may have on in-stream water levels and the matters mentioned in section 32 (2) (h) (i) to (ix) .\n(sec.36-ssec.4) A water licence to interfere with water, granted in association with a water licence to take water granted from the release of unallocated water, must include a pass flow condition.\n(sec.36-ssec.5) In deciding the pass flow condition, the chief executive must consider existing downstream entitlement holders.\n(sec.36-ssec.6) The pass flow condition must be at least— for the Baffle Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561; 86.4ML a day; or for the Littabella Creek catchment area, the greater of the following— the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1; 43ML a day; or for the Broadwater Creek catchment area—86.4ML a day.\n(sec.36-ssec.7) In this section— pass flow condition means a condition on a water licence, to interfere with water by impounding the flow of water in a watercourse, that states the minimum rate of flow in the watercourse below which water interfered with under the licence must be allowed to pass freely downstream of the location of the interference.\n- (a) for the Baffle Creek catchment area, the greater of the following— (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561; (ii) 86.4ML a day; or\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;\n- (ii) 86.4ML a day; or\n- (b) for the Littabella Creek catchment area, the greater of the following— (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1; (ii) 43ML a day; or\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;\n- (ii) 43ML a day; or\n- (c) for the Broadwater Creek catchment area—86.4ML a day.\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 0.3561;\n- (ii) 86.4ML a day; or\n- (i) the flow, expressed in megalitres a day, worked out by multiplying the catchment area upstream of the proposed point of take, expressed in square kilometres, by 1;\n- (ii) 43ML a day; or","sortOrder":27},{"sectionNumber":"sec.37","sectionType":"section","heading":"Interference with water in Baffle Creek, Eurimbula Creek catchment and Worthington Creek catchment","content":"### sec.37 Interference with water in Baffle Creek, Eurimbula Creek catchment and Worthington Creek catchment\n\nThere must not be any interference with water by impounding the flow of water in any of the following—\nBaffle Creek;\nEurimbula Creek catchment area;\nWorthington Creek catchment area.\n- (a) Baffle Creek;\n- (b) Eurimbula Creek catchment area;\n- (c) Worthington Creek catchment area.","sortOrder":28},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"REPLACING AUTHORITIES AND GRANTING WATER LICENCES","content":"# REPLACING AUTHORITIES AND GRANTING WATER LICENCES","sortOrder":29},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2014 SL No. 142 s 6","sortOrder":30},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2014 SL No. 142 s 6","sortOrder":31},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2014 SL No. 142 s 6","sortOrder":32},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Water licences to take water from watercourse, lake or spring","content":"# Water licences to take water from watercourse, lake or spring","sortOrder":33},{"sectionNumber":"ch.5-pt.5-div.1","sectionType":"division","heading":"Form of water licences to take water from watercourse, lake or spring","content":"## Form of water licences to take water from watercourse, lake or spring","sortOrder":34},{"sectionNumber":"sec.41","sectionType":"section","heading":"Elements of water licences to take water from watercourse, lake or spring","content":"### sec.41 Elements of water licences to take water from watercourse, lake or spring\n\nA water licence to take water from a watercourse, lake or spring in the plan area must state—\n1 of the following purposes for which the water may be taken under the licence—\nstock and domestic;\nrural;\nany; and\nthe maximum rate at which the water may be taken under the licence; and\nthe daily volumetric limit for the licence; and\nthe nominal entitlement for the licence; and\nthe conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence; and\nthe monthly volumetric limit, if any, for the licence.\nHowever, subsection (1) (d) does not apply to the water licence commonly known as licence 46952B.\ns 41 amd 2014 SL No. 142 s 7\n(sec.41-ssec.1) A water licence to take water from a watercourse, lake or spring in the plan area must state— 1 of the following purposes for which the water may be taken under the licence— stock and domestic; rural; any; and the maximum rate at which the water may be taken under the licence; and the daily volumetric limit for the licence; and the nominal entitlement for the licence; and the conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence; and the monthly volumetric limit, if any, for the licence.\n(sec.41-ssec.2) However, subsection (1) (d) does not apply to the water licence commonly known as licence 46952B.\n- (a) 1 of the following purposes for which the water may be taken under the licence— (i) stock and domestic; (ii) rural; (iii) any; and\n- (i) stock and domestic;\n- (ii) rural;\n- (iii) any; and\n- (b) the maximum rate at which the water may be taken under the licence; and\n- (c) the daily volumetric limit for the licence; and\n- (d) the nominal entitlement for the licence; and\n- (e) the conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence; and\n- (f) the monthly volumetric limit, if any, for the licence.\n- (i) stock and domestic;\n- (ii) rural;\n- (iii) any; and","sortOrder":35},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Regulating overland flow water","content":"# Regulating overland flow water","sortOrder":36},{"sectionNumber":"sec.50","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 20 (2)","content":"### sec.50 Limitation on taking overland flow water— Act , s 20 (2)\n\nThis section limits the overland flow water that may be taken under section 20 (2) of the Act .\nA person may only take overland flow water—\nfor stock or domestic purposes; or\nfor another purpose if the works for taking the overland flow water have a capacity of not more than 20ML; or\nunder a water licence; or\nof not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nthat is contaminated agricultural runoff water; or\nunder section 52 .\nIn this section—\ncontaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.\ns 50 amd 2013 Act No. 23 s 352 sch 1 pt 2\n(sec.50-ssec.1) This section limits the overland flow water that may be taken under section 20 (2) of the Act .\n(sec.50-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or for another purpose if the works for taking the overland flow water have a capacity of not more than 20ML; or under a water licence; or of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or under section 52 .\n(sec.50-ssec.3) In this section— contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.\n- (a) for stock or domestic purposes; or\n- (b) for another purpose if the works for taking the overland flow water have a capacity of not more than 20ML; or\n- (c) under a water licence; or\n- (d) of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) that is contaminated agricultural runoff water; or\n- (f) under section 52 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":37},{"sectionNumber":"sec.51","sectionType":"section","heading":"Notification of particular existing overland flow works","content":"### sec.51 Notification of particular existing overland flow works\n\nThis section applies to the owner of land on which existing overland flow works with a capacity of more than 20ML are situated.\nThe owner must give the chief executive notice of the works, in the approved form, and any other information about the works reasonably required by the chief executive.\n(sec.51-ssec.1) This section applies to the owner of land on which existing overland flow works with a capacity of more than 20ML are situated.\n(sec.51-ssec.2) The owner must give the chief executive notice of the works, in the approved form, and any other information about the works reasonably required by the chief executive.","sortOrder":38},{"sectionNumber":"sec.52","sectionType":"section","heading":"Taking water using particular existing overland flow works authorised","content":"### sec.52 Taking water using particular existing overland flow works authorised\n\nThis section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 50 (2) (a) to (e) .\nThe owner may—\ncontinue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan; and\nif the owner complies with section 51 , further continue to use the works to take overland flow water.\nIn this section—\nexisting overland flow works includes works that—\nare a reconfiguration of existing overland flow works (the original works ); and\ndo not increase the average annual volume of water taken above the average annual volume taken using the original works.\n(sec.52-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 50 (2) (a) to (e) .\n(sec.52-ssec.2) The owner may— continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan; and if the owner complies with section 51 , further continue to use the works to take overland flow water.\n(sec.52-ssec.3) In this section— existing overland flow works includes works that— are a reconfiguration of existing overland flow works (the original works ); and do not increase the average annual volume of water taken above the average annual volume taken using the original works.\n- (a) continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan; and\n- (b) if the owner complies with section 51 , further continue to use the works to take overland flow water.\n- (a) are a reconfiguration of existing overland flow works (the original works ); and\n- (b) do not increase the average annual volume of water taken above the average annual volume taken using the original works.","sortOrder":39},{"sectionNumber":"sec.53","sectionType":"section","heading":"Granting water licences for using particular existing overland flow works","content":"### sec.53 Granting water licences for using particular existing overland flow works\n\nThis section applies if the resource operations plan states a process, under section 212 of the Act , for the allocation of water under a water licence to replace an authority under section 52 (2) (b) .\nUnder the process, the chief executive—\nmust consider—\nthe average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\nthe annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\nmay consider the extent to which the works, immediately before the commencement of this plan, allowed—\nthe taking of other water under another authorisation; or\nthe storage of other water taken under another authorisation.\nThe process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.\nIn this section—\nregistered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .\n(sec.53-ssec.1) This section applies if the resource operations plan states a process, under section 212 of the Act , for the allocation of water under a water licence to replace an authority under section 52 (2) (b) .\n(sec.53-ssec.2) Under the process, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and may consider the extent to which the works, immediately before the commencement of this plan, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.\n(sec.53-ssec.3) The process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.\n(sec.53-ssec.4) In this section— registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .\n- (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (b) may consider the extent to which the works, immediately before the commencement of this plan, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.","sortOrder":40},{"sectionNumber":"sec.54","sectionType":"section","heading":"Water licences to take overland flow water","content":"### sec.54 Water licences to take overland flow water\n\nA water licence to take overland flow water is to state—\n1 of the following purposes for which water may be taken under the licence—\nrural;\nany; and\nat least 1 of the following—\nthe maximum rate at which water may be taken under the licence;\nthe daily volumetric limit for the licence;\nthe nominal entitlement for the licence;\nthe maximum volume of water that may be stored under the licence; and\nthe conditions, if any, for the licence.\n- (a) 1 of the following purposes for which water may be taken under the licence— (i) rural; (ii) any; and\n- (i) rural;\n- (ii) any; and\n- (b) at least 1 of the following— (i) the maximum rate at which water may be taken under the licence; (ii) the daily volumetric limit for the licence; (iii) the nominal entitlement for the licence; (iv) the maximum volume of water that may be stored under the licence; and\n- (i) the maximum rate at which water may be taken under the licence;\n- (ii) the daily volumetric limit for the licence;\n- (iii) the nominal entitlement for the licence;\n- (iv) the maximum volume of water that may be stored under the licence; and\n- (c) the conditions, if any, for the licence.\n- (i) rural;\n- (ii) any; and\n- (i) the maximum rate at which water may be taken under the licence;\n- (ii) the daily volumetric limit for the licence;\n- (iii) the nominal entitlement for the licence;\n- (iv) the maximum volume of water that may be stored under the licence; and","sortOrder":41},{"sectionNumber":"sec.55","sectionType":"section","heading":"Relationship with Sustainable Planning Act 2009","content":"### sec.55 Relationship with Sustainable Planning Act 2009\n\ns 55 om 2016 SL No. 216 s 146 sch 20","sortOrder":42},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Basin-wide flow objectives","content":"# Basin-wide flow objectives","sortOrder":43},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Specific flow objectives","content":"# Specific flow objectives","sortOrder":44},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Strategic unallocated water","content":"# Strategic unallocated water","sortOrder":45},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"General unallocated water","content":"# General unallocated water","sortOrder":46}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The provided text appears to be a coherent, complete regulatory scheme for water management in the Baffle Creek Basin. While sections have been omitted over time (noted by 'om 2014 SL No. 142'), the remaining provisions form a consistent whole addressing water allocation, environmental protection, and licensing. There is no evidence of scope creep beyond the original water resource planning purpose."},"complexity_factors":["Multiple nested exception structures (e.g., section 18's general prohibition with 5 specific exemptions, each with sub-conditions)","Cross-referencing between sections (e.g., section 36 references section 32(2)(h)(i)-(ix) for environmental impact criteria)","Technical mathematical formulas for pass flow conditions varying by catchment area (Baffle Creek: 0.3561 multiplier vs Littabella Creek: 1.0 multiplier)","Dual reserve system (strategic vs general) with different access rules, volumetric limits and purpose restrictions","Defined terms scattered throughout (e.g., 'average volume', 'pass flow condition', 'contaminated agricultural runoff water', 'registered professional engineer')","Conditional logic requiring assessment of 'practicability' (section 17) and 'satisfaction' of accuracy standards for alternative methods","Temporal limitations and grandfathering provisions (e.g., section 52's 1-year continuation period for existing works)","Amendment history visible in text (multiple sections omitted by 2014 SL No. 142, creating a fragmented reading experience)"],"plain_english_summary":"This legislation is a **water management plan for the Baffle Creek Basin** in Queensland. It sets the rules for who can take water from rivers, creeks, lakes and springs in this area, and how much they can take.\n\n**What it does:**\n- **Protects environmental flows**: Decisions about water allocation must maintain healthy river flows to protect ecosystems (Schedule 4 sets these environmental objectives).\n- **Caps water use**: The chief executive cannot approve decisions that increase the average volume of water taken under existing licences, with limited exceptions (like reinstating expired licences or accessing unallocated water).\n- **Manages unallocated water**: Leftover water is split into two reserves:\n  - **Strategic reserve**: For State or regional significance projects only (like major infrastructure), with strict limits and return-to-reserve requirements when projects end.\n  - **General reserve**: Available for any purpose, subject to volumetric caps per catchment area.\n- **Sets pass flow conditions**: New licences must ensure minimum water flows continue downstream to protect existing users and ecosystems—specific mathematical formulas apply based on which creek system you're in.\n- **Regulates dams and interference**: Restricts building dams or impounding water, generally allowing this only for stock/domestic use, pumping pools, or specific council projects. Baffle Creek, Eurimbula Creek and Worthington Creek catchments have outright bans on new impoundments.\n- **Controls overland flow water**: Limits taking rainwater runoff to stock/domestic use, small-scale works (under 20 megalitres capacity), or licensed purposes. Existing large works can continue if registered.\n\n**Who it affects:**\n- Farmers and rural landholders needing water for stock or irrigation\n- Local councils (notably Gladstone Regional Council)\n- Mining and petroleum operators (excluded from certain environmental permit provisions)\n- Traditional owners and communities with cultural water interests\n- Anyone applying for new water licences or seeking to modify existing ones\n\n**Why it matters:**\nThis plan balances economic development (agriculture, regional projects) against environmental protection in a sensitive coastal catchment. It prevents overallocation of water resources while providing pathways for legitimate water access through a structured, science-based assessment process using the IQQM computer modelling system."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The text records several later amendments and omissions (marked 'om', e.g. secs.19, 20–22, 38–40, 55 and amendments noted at secs.18 and 41), indicating the plan's operative content and administrative provisions have been altered since earlier versions. Those omissions and amendments remove or relocate administrative, application‑processing and some licence provisions, so the current instrument narrows and reorders how unallocated water processes, certain licences and transitional arrangements operate compared with the original text."},"complexity_factors":["Mandatory use of a technical hydrological model (IQQM) to assess consistency with flow objectives, with an approval route for alternatives — sec.17","Broad discretion vested in the chief executive to approve alternative methods, designate projects of regional significance, and implement allocation processes — secs.17, 26–27, 32, 53","Multiple numerical pass‑flow formulas that vary by catchment and depend on catchment area calculations, creating technical and measurement complexity — secs.31, 36","Detailed exceptions and carve‑outs (e.g. water permits, licence reinstatements, impoundment exceptions) increase interpretive complexity — secs.18, 34","Definition and use of an 'average volume' metric to cap increases in authorised take, requiring simulation across the simulation period — sec.18","Division of unallocated water into strategic and general reserves with schedule‑stated volumetric limits, tying allocations to specific purposes and projects — secs.23–29, sch.5","Transitional and evidentiary requirements for existing overland‑flow works, including notification and potential engineer certification obligations — secs.51–53 (and Professional Engineers Act cross‑reference)","Interlocking rules with other statutes and instruments (Environmental Protection Act references for environmental authorities and development permits), adding regulatory layering — sec.50","Presence of multiple omitted or amended sections (marked 'om') in the text, which complicates reading the current operative scope and history — e.g. secs.19–22, 38–40, 55"],"plain_english_summary":"*Baffle Creek Basin* — This plan sets rules for allocating and managing water in the basin: decisions must meet the environmental flow objectives (sch 4) and are assessed using the IQQM model unless an alternative approved by the chief executive is shown equally accurate (secs 16–17). It divides unallocated water into strategic and general reserves with volumetric caps, limits increases to average authorised take, and restricts impoundments and new extraction in specified catchments (secs 18, 23–31, 34–37). The chief executive decides approvals and pass‑flow minima; licence holders and owners of large overland‑flow works bear compliance costs and notification duties (secs 17, 31, 51–53)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Several sections were omitted or amended by later subordinate legislation (2014 SL No. 142 and 2016 SL No. 216), including provisions on measuring devices, moratorium notices, early applications, replacing authorities, and the relationship with planning law. This suggests the plan's original scope — which likely included more detailed transitional and replacement authority provisions — was narrowed or modified over time as those transitional matters were resolved or superseded."},"complexity_factors":["Multiple types of water authorisation instruments (water licences, water permits, unallocated water reserves) with different rules applying to each","Reliance on external technical tools (IQQM computer modelling program) to assess compliance, which is not explained in the text itself","Mathematical pass flow formulas that vary by catchment area, requiring readers to know their upstream catchment size in square kilometres","Cross-referencing to other legislation (Environmental Protection Act 1994, Sustainable Planning Act 2009, Professional Engineers Act 2002) and to other sections/schedules within the plan","Distinction between strategic and general unallocated water reserves with different eligibility criteria","Multiple sections have been omitted (sections 19–22, 38–40, 55) due to later amendments, creating gaps that require the reader to track legislative history","Specific named exceptions (e.g. licence 46952B, Gladstone Regional Council's Bottle Creek exception) that require background knowledge to understand","Layered subsection structure with numerous exceptions to exceptions, making it difficult to determine what rule ultimately applies in a given situation","Geographic specificity — different rules apply to different named waterways and catchment areas, requiring local knowledge or mapping"],"plain_english_summary":"This Queensland water management plan governs how water in the Baffle Creek Basin can be taken and used. It affects farmers, landholders, businesses, developers, local councils and anyone applying for a water licence.  \n\nThe plan locks in current extraction limits, requires decisions to protect environmental flows and minimum pass flows, tightly restricts damming and large overland-flow capture, and allocates remaining water into strategic and general reserves — so licences come with conditions to safeguard downstream ecosystems and users."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-baffle-creek-basin-2010","history":"/api/acts/water-plan-baffle-creek-basin-2010/history","analysis":"/api/acts/water-plan-baffle-creek-basin-2010/analysis","conflicts":"/api/acts/water-plan-baffle-creek-basin-2010/conflicts","importantCases":"/api/acts/water-plan-baffle-creek-basin-2010/important-cases","documents":"/api/acts/water-plan-baffle-creek-basin-2010/documents"}}