{"id":"qld:sl-2023-0067","name":"Water Plan (Barron) 2023","slug":"water-plan-barron-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"67 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173743,"registerId":"qld-sl-2023-0067-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 plan may be cited as the Water Plan (Barron) 2023 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of plan","content":"### sec.2 Purposes of plan\n\nThe purposes of this plan are to—\ndefine the availability of water to which this plan applies; and\nprovide a framework for sustainably managing water to which this plan applies; and\nidentify priorities and mechanisms for dealing with future water requirements in the plan area; and\nregulate the taking of, and interference with, surface water, and the taking of underground water, to which this plan applies; and\nprovide a framework for establishing and managing water allocations; and\nprovide access to water resources to help Aboriginal people and Torres Strait Islanders achieve their economic, social and cultural aspirations; and\nprovide a framework for reversing, where practicable, the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.\n- (a) define the availability of water to which this plan applies; and\n- (b) provide a framework for sustainably managing water to which this plan applies; and\n- (c) identify priorities and mechanisms for dealing with future water requirements in the plan area; and\n- (d) regulate the taking of, and interference with, surface water, and the taking of underground water, to which this plan applies; and\n- (e) provide a framework for establishing and managing water allocations; and\n- (f) provide access to water resources to help Aboriginal people and Torres Strait Islanders achieve their economic, social and cultural aspirations; and\n- (g) provide a framework for reversing, where practicable, the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 7 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of surface water","content":"### sec.4 Meaning of surface water\n\nSurface water is water in a watercourse, lake or spring.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Plan area, water to which plan applies and other matters","content":"# Plan area, water to which plan applies and other matters","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Water to which plan applies— Act , s 43","content":"### sec.5 Water to which plan applies— Act , s 43\n\nFor section 43 (1) (a) of the Act , this plan applies to the following water in the plan area—\nsurface water;\nunderground water.\n- (a) surface water;\n- (b) underground water.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Plan area","content":"### sec.6 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 , part 1 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Water supply scheme and water supply scheme zones","content":"### sec.7 Water supply scheme and water supply scheme zones\n\nThe part of the plan area shown as the Mareeba-Dimbulah water supply scheme on the map in schedule 2 is a water supply scheme for this plan.\nEach part of the plan area shown as a water supply scheme zone on the map in schedule 2 is a water supply scheme zone for this plan.\n(sec.7-ssec.1) The part of the plan area shown as the Mareeba-Dimbulah water supply scheme on the map in schedule 2 is a water supply scheme for this plan.\n(sec.7-ssec.2) Each part of the plan area shown as a water supply scheme zone on the map in schedule 2 is a water supply scheme zone for this plan.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Water management area— Act , sch 4","content":"### sec.8 Water management area— Act , sch 4\n\nFor schedule 4 of the Act , definition water management area , paragraph (b) , the plan area is a water management area called the Barron Water Management Area.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Underground water management areas","content":"### sec.9 Underground water management areas\n\nEach part of the plan area shown as an underground water management area on the map in schedule 3 , part 1 is an underground water management area for this plan.\nA reference in this plan to an underground water management area by name is a reference to the underground water management area given that name on the map in schedule 3 , part 1 .\n(sec.9-ssec.1) Each part of the plan area shown as an underground water management area on the map in schedule 3 , part 1 is an underground water management area for this plan.\n(sec.9-ssec.2) A reference in this plan to an underground water management area by name is a reference to the underground water management area given that name on the map in schedule 3 , part 1 .","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Underground water management area zones","content":"### sec.10 Underground water management area zones\n\nThe Atherton Underground Water Management Area is divided into underground water management area zones.\nA part of the Atherton Underground Water Management Area shown on the map in schedule 3 , part 2 as an underground water management area zone is an underground water management area zone .\nA reference in this plan to an underground water management area zone by name is a reference to the underground water management area zone given that name in schedule 3 , part 2 .\n(sec.10-ssec.1) The Atherton Underground Water Management Area is divided into underground water management area zones.\n(sec.10-ssec.2) A part of the Atherton Underground Water Management Area shown on the map in schedule 3 , part 2 as an underground water management area zone is an underground water management area zone .\n(sec.10-ssec.3) A reference in this plan to an underground water management area zone by name is a reference to the underground water management area zone given that name in schedule 3 , part 2 .","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Subcatchment areas","content":"### sec.11 Subcatchment areas\n\nEach part of the plan area that is within a subcatchment area shown on the map in schedule 4 , part 1 is a subcatchment area for this plan.\nA reference in this plan to a subcatchment area by name is a reference to the subcatchment area given that name on the map in schedule 4 , part 1 .\n(sec.11-ssec.1) Each part of the plan area that is within a subcatchment area shown on the map in schedule 4 , part 1 is a subcatchment area for this plan.\n(sec.11-ssec.2) A reference in this plan to a subcatchment area by name is a reference to the subcatchment area given that name on the map in schedule 4 , part 1 .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Subcatchment area zones","content":"### sec.12 Subcatchment area zones\n\nCertain subcatchment areas have 1 or more subcatchment area zones.\nA subcatchment area zone , for a subcatchment area, is—\nfor subcatchment area A—shown on the map in schedule 4 , part 2 ; and\nfor subcatchment area C—shown on the map in schedule 4 , part 3 ; and\nfor subcatchment area H—shown on the map in schedule 4 , part 4 .\n(sec.12-ssec.1) Certain subcatchment areas have 1 or more subcatchment area zones.\n(sec.12-ssec.2) A subcatchment area zone , for a subcatchment area, is— for subcatchment area A—shown on the map in schedule 4 , part 2 ; and for subcatchment area C—shown on the map in schedule 4 , part 3 ; and for subcatchment area H—shown on the map in schedule 4 , part 4 .\n- (a) for subcatchment area A—shown on the map in schedule 4 , part 2 ; and\n- (b) for subcatchment area C—shown on the map in schedule 4 , part 3 ; and\n- (c) for subcatchment area H—shown on the map in schedule 4 , part 4 .","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Trading zones— Act , s 43","content":"### sec.13 Trading zones— Act , s 43\n\nFor section 43 (1) (e) (i) of the Act , the following zones are trading zones for water allocations and water licences to which this plan applies—\na water supply scheme zone;\na subcatchment area zone for subcatchment area A, C or H.\n- (a) a water supply scheme zone;\n- (b) a subcatchment area zone for subcatchment area A, C or H.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Nodes","content":"### sec.14 Nodes\n\nA node mentioned in this plan is a place—\non a watercourse in the plan area; and\nfor which environmental flow objectives are set for performance indicators.\nThe location of each node is shown on the map in schedule 1 , part 1 and described in schedule 1 , part 2 .\nEach node is identified on the map by a number.\n(sec.14-ssec.1) A node mentioned in this plan is a place— on a watercourse in the plan area; and for which environmental flow objectives are set for performance indicators.\n(sec.14-ssec.2) The location of each node is shown on the map in schedule 1 , part 1 and described in schedule 1 , part 2 .\n(sec.14-ssec.3) Each node is identified on the map by a number.\n- (a) on a watercourse in the plan area; and\n- (b) for which environmental flow objectives are set for performance indicators.","sortOrder":15},{"sectionNumber":"sec.15","sectionType":"section","heading":"Information about areas","content":"### sec.15 Information about areas\n\nThe exact location of the boundaries of each of the following is held in digital electronic form by the department and may be accessed at each office of the department—\nthe plan area;\na water supply scheme;\na water supply scheme zone;\nthe water management area;\nan underground water management area;\nan underground water management area zone;\na subcatchment area;\na subcatchment area zone for subcatchment area A, C or H.\nThe location of each office of the department is available on the department’s website.\n- (a) the plan area;\n- (b) a water supply scheme;\n- (c) a water supply scheme zone;\n- (d) the water management area;\n- (e) an underground water management area;\n- (f) an underground water management area zone;\n- (g) a subcatchment area;\n- (h) a subcatchment area zone for subcatchment area A, C or H.","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Water plan outcomes","content":"# Water plan outcomes","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Purpose of part","content":"### sec.16 Purpose of part\n\nThis part states, for section 43 (1) (b) of the Act , the water plan outcomes for this plan.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"General water plan outcome","content":"### sec.17 General water plan outcome\n\nA water plan outcome for this plan is that water to which this plan applies is to be allocated and managed in a way that—\nrecognises that the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and\nseeks to achieve a balance between—\nthe economic water plan outcomes stated in section 18 ; and\nthe social water plan outcomes stated in section 19 ; and\nthe cultural water plan outcomes stated in section 20 ; and\nthe environmental water plan outcomes stated in section 21 ; and\npromotes improved understanding of—\nmatters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and\nthe flow requirements of ecosystems in the plan area; and\nthe water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and\nthe water required to deliver social and economic benefits to communities in the plan area; and\nthe impact of climate change on water availability.\n- (a) recognises that the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and\n- (b) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 18 ; and (ii) the social water plan outcomes stated in section 19 ; and (iii) the cultural water plan outcomes stated in section 20 ; and (iv) the environmental water plan outcomes stated in section 21 ; and\n- (i) the economic water plan outcomes stated in section 18 ; and\n- (ii) the social water plan outcomes stated in section 19 ; and\n- (iii) the cultural water plan outcomes stated in section 20 ; and\n- (iv) the environmental water plan outcomes stated in section 21 ; and\n- (c) promotes improved understanding of— (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and (ii) the flow requirements of ecosystems in the plan area; and (iii) the water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and (iv) the water required to deliver social and economic benefits to communities in the plan area; and (v) the impact of climate change on water availability.\n- (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and\n- (ii) the flow requirements of ecosystems in the plan area; and\n- (iii) the water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and\n- (iv) the water required to deliver social and economic benefits to communities in the plan area; and\n- (v) the impact of climate change on water availability.\n- (i) the economic water plan outcomes stated in section 18 ; and\n- (ii) the social water plan outcomes stated in section 19 ; and\n- (iii) the cultural water plan outcomes stated in section 20 ; and\n- (iv) the environmental water plan outcomes stated in section 21 ; and\n- (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and\n- (ii) the flow requirements of ecosystems in the plan area; and\n- (iii) the water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and\n- (iv) the water required to deliver social and economic benefits to communities in the plan area; and\n- (v) the impact of climate change on water availability.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Water plan outcomes—economic","content":"### sec.18 Water plan outcomes—economic\n\nThe economic water plan outcomes for this plan are—\nto provide for the continued use of all water entitlements and other authorisations to take or interfere with water; and\nto maintain the probability of being able to take water to which this plan applies under a water entitlement; and\nto maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area, including, for example—\nagriculture; and\nhydro-electric power generation; and\ntourism; and\naquaculture; and\nto provide for mechanisms that support water being made available for growth in industries dependent on water resources in the plan area; and\nto make water to which this plan applies available to support the economic aspirations of Aboriginal people and Torres Strait Islanders; and\nto improve and support the effective and efficient operation of the market in water allocations and relocatable water licences.\n- (a) to provide for the continued use of all water entitlements and other authorisations to take or interfere with water; and\n- (b) to maintain the probability of being able to take water to which this plan applies under a water entitlement; and\n- (c) to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area, including, for example— (i) agriculture; and (ii) hydro-electric power generation; and (iii) tourism; and (iv) aquaculture; and\n- (i) agriculture; and\n- (ii) hydro-electric power generation; and\n- (iii) tourism; and\n- (iv) aquaculture; and\n- (d) to provide for mechanisms that support water being made available for growth in industries dependent on water resources in the plan area; and\n- (e) to make water to which this plan applies available to support the economic aspirations of Aboriginal people and Torres Strait Islanders; and\n- (f) to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences.\n- (i) agriculture; and\n- (ii) hydro-electric power generation; and\n- (iii) tourism; and\n- (iv) aquaculture; and","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Water plan outcomes—social","content":"### sec.19 Water plan outcomes—social\n\nThe social water plan outcomes for this plan are—\nto maintain—\nthe availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and\nthe flows of water to which this plan applies to significant areas that support water-related aesthetic and recreational values, including the Barron Falls, Barron Gorge and Tinaroo Falls Dam; and\nto provide water to which this plan applies—\nfor domestic purposes in the plan area; and\nto meet increased demand for urban water supply for the Cairns local government area from Lake Placid; and\nto make water to which this plan applies available to support the social aspirations of Aboriginal people and Torres Strait Islanders.\n- (a) to maintain— (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and (ii) the flows of water to which this plan applies to significant areas that support water-related aesthetic and recreational values, including the Barron Falls, Barron Gorge and Tinaroo Falls Dam; and\n- (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and\n- (ii) the flows of water to which this plan applies to significant areas that support water-related aesthetic and recreational values, including the Barron Falls, Barron Gorge and Tinaroo Falls Dam; and\n- (b) to provide water to which this plan applies— (i) for domestic purposes in the plan area; and (ii) to meet increased demand for urban water supply for the Cairns local government area from Lake Placid; and\n- (i) for domestic purposes in the plan area; and\n- (ii) to meet increased demand for urban water supply for the Cairns local government area from Lake Placid; and\n- (c) to make water to which this plan applies available to support the social aspirations of Aboriginal people and Torres Strait Islanders.\n- (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and\n- (ii) the flows of water to which this plan applies to significant areas that support water-related aesthetic and recreational values, including the Barron Falls, Barron Gorge and Tinaroo Falls Dam; and\n- (i) for domestic purposes in the plan area; and\n- (ii) to meet increased demand for urban water supply for the Cairns local government area from Lake Placid; and","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Water plan outcomes—cultural","content":"### sec.20 Water plan outcomes—cultural\n\nThe cultural water plan outcomes for this plan are—\nto make water to which this plan applies available to support the cultural aspirations of Aboriginal people and Torres Strait Islanders; and\nto maintain the flows of water to which this plan applies that support the water-related cultural, spiritual and social values of Aboriginal people and Torres Strait Islanders; and\nto recognise and respect the cultural and spiritual connection to water of Aboriginal people and Torres Strait Islanders through—\nengaging Aboriginal people and Torres Strait Islanders in the processes for making decisions about the future management and allocation of water in the plan area; and\nintegrating knowledge about Aboriginal tradition, Island custom and science into the processes for making decisions about the future management and allocation of water in the plan area; and\nto manage and allocate water in Flaggy Creek in a way that protects areas of significant cultural conservation value associated with the creek.\n- (a) to make water to which this plan applies available to support the cultural aspirations of Aboriginal people and Torres Strait Islanders; and\n- (b) to maintain the flows of water to which this plan applies that support the water-related cultural, spiritual and social values of Aboriginal people and Torres Strait Islanders; and\n- (c) to recognise and respect the cultural and spiritual connection to water of Aboriginal people and Torres Strait Islanders through— (i) engaging Aboriginal people and Torres Strait Islanders in the processes for making decisions about the future management and allocation of water in the plan area; and (ii) integrating knowledge about Aboriginal tradition, Island custom and science into the processes for making decisions about the future management and allocation of water in the plan area; and\n- (i) engaging Aboriginal people and Torres Strait Islanders in the processes for making decisions about the future management and allocation of water in the plan area; and\n- (ii) integrating knowledge about Aboriginal tradition, Island custom and science into the processes for making decisions about the future management and allocation of water in the plan area; and\n- (d) to manage and allocate water in Flaggy Creek in a way that protects areas of significant cultural conservation value associated with the creek.\n- (i) engaging Aboriginal people and Torres Strait Islanders in the processes for making decisions about the future management and allocation of water in the plan area; and\n- (ii) integrating knowledge about Aboriginal tradition, Island custom and science into the processes for making decisions about the future management and allocation of water in the plan area; and","sortOrder":22},{"sectionNumber":"sec.21","sectionType":"section","heading":"Water plan outcomes—environmental","content":"### sec.21 Water plan outcomes—environmental\n\nThe environmental water plan outcomes for this plan are—\nto maintain and if possible improve flows of water to which this plan applies that support—\nnative plants and animals and their associated freshwater habitats; and\nriparian systems and their functions; and\nlong-term water quality suitable for riverine and estuarine ecosystems; and\nriver forming processes; and\necosystem food chains and the provision of carbon energy; and\nthe health and persistence of waterholes in subcatchment areas E, F and G; and\nto maintain and if possible improve flows of water to which this plan applies that support the continued capability of 1 part of a river system to be connected to another—\nthroughout the watercourse network; and\nwithin riparian zones, floodplains and associated freshwater habitats; and\nto maintain and if possible improve flows of water to which this plan applies that support freshwater flows to the estuary in the plan area in order to—\nprovide freshwater flow from the plan area to marine waters of the Great Barrier Reef; and\ndeliver sediment, nutrients and organic matter that support productivity in the waters of the Great Barrier Reef that receive flows of water from the plan area; and\nmaintain brackish water estuarine habitat; and\nbenefit native estuarine plants and animals; and\nthe management and allocation of underground water in the plan area to maintain underground water contributions to—\nthe flow of water in watercourses, lakes and springs; and\ngroundwater dependent ecosystems, including wetlands, springs and terrestrial vegetation communities.\nIn this section—\nwaterhole means a part of a watercourse that contains water after the watercourse ceases to flow, other than a part of a watercourse that is within the storage area of a dam on the watercourse.\n(sec.21-ssec.1) The environmental water plan outcomes for this plan are— to maintain and if possible improve flows of water to which this plan applies that support— native plants and animals and their associated freshwater habitats; and riparian systems and their functions; and long-term water quality suitable for riverine and estuarine ecosystems; and river forming processes; and ecosystem food chains and the provision of carbon energy; and the health and persistence of waterholes in subcatchment areas E, F and G; and to maintain and if possible improve flows of water to which this plan applies that support the continued capability of 1 part of a river system to be connected to another— throughout the watercourse network; and within riparian zones, floodplains and associated freshwater habitats; and to maintain and if possible improve flows of water to which this plan applies that support freshwater flows to the estuary in the plan area in order to— provide freshwater flow from the plan area to marine waters of the Great Barrier Reef; and deliver sediment, nutrients and organic matter that support productivity in the waters of the Great Barrier Reef that receive flows of water from the plan area; and maintain brackish water estuarine habitat; and benefit native estuarine plants and animals; and the management and allocation of underground water in the plan area to maintain underground water contributions to— the flow of water in watercourses, lakes and springs; and groundwater dependent ecosystems, including wetlands, springs and terrestrial vegetation communities.\n(sec.21-ssec.2) In this section— waterhole means a part of a watercourse that contains water after the watercourse ceases to flow, other than a part of a watercourse that is within the storage area of a dam on the watercourse.\n- (a) to maintain and if possible improve flows of water to which this plan applies that support— (i) native plants and animals and their associated freshwater habitats; and (ii) riparian systems and their functions; and (iii) long-term water quality suitable for riverine and estuarine ecosystems; and (iv) river forming processes; and (v) ecosystem food chains and the provision of carbon energy; and (vi) the health and persistence of waterholes in subcatchment areas E, F and G; and\n- (i) native plants and animals and their associated freshwater habitats; and\n- (ii) riparian systems and their functions; and\n- (iii) long-term water quality suitable for riverine and estuarine ecosystems; and\n- (iv) river forming processes; and\n- (v) ecosystem food chains and the provision of carbon energy; and\n- (vi) the health and persistence of waterholes in subcatchment areas E, F and G; and\n- (b) to maintain and if possible improve flows of water to which this plan applies that support the continued capability of 1 part of a river system to be connected to another— (i) throughout the watercourse network; and (ii) within riparian zones, floodplains and associated freshwater habitats; and\n- (i) throughout the watercourse network; and\n- (ii) within riparian zones, floodplains and associated freshwater habitats; and\n- (c) to maintain and if possible improve flows of water to which this plan applies that support freshwater flows to the estuary in the plan area in order to— (i) provide freshwater flow from the plan area to marine waters of the Great Barrier Reef; and (ii) deliver sediment, nutrients and organic matter that support productivity in the waters of the Great Barrier Reef that receive flows of water from the plan area; and (iii) maintain brackish water estuarine habitat; and (iv) benefit native estuarine plants and animals; and\n- (i) provide freshwater flow from the plan area to marine waters of the Great Barrier Reef; and\n- (ii) deliver sediment, nutrients and organic matter that support productivity in the waters of the Great Barrier Reef that receive flows of water from the plan area; and\n- (iii) maintain brackish water estuarine habitat; and\n- (iv) benefit native estuarine plants and animals; and\n- (d) the management and allocation of underground water in the plan area to maintain underground water contributions to— (i) the flow of water in watercourses, lakes and springs; and (ii) groundwater dependent ecosystems, including wetlands, springs and terrestrial vegetation communities.\n- (i) the flow of water in watercourses, lakes and springs; and\n- (ii) groundwater dependent ecosystems, including wetlands, springs and terrestrial vegetation communities.\n- (i) native plants and animals and their associated freshwater habitats; and\n- (ii) riparian systems and their functions; and\n- (iii) long-term water quality suitable for riverine and estuarine ecosystems; and\n- (iv) river forming processes; and\n- (v) ecosystem food chains and the provision of carbon energy; and\n- (vi) the health and persistence of waterholes in subcatchment areas E, F and G; and\n- (i) throughout the watercourse network; and\n- (ii) within riparian zones, floodplains and associated freshwater habitats; and\n- (i) provide freshwater flow from the plan area to marine waters of the Great Barrier Reef; and\n- (ii) deliver sediment, nutrients and organic matter that support productivity in the waters of the Great Barrier Reef that receive flows of water from the plan area; and\n- (iii) maintain brackish water estuarine habitat; and\n- (iv) benefit native estuarine plants and animals; and\n- (i) the flow of water in watercourses, lakes and springs; and\n- (ii) groundwater dependent ecosystems, including wetlands, springs and terrestrial vegetation communities.","sortOrder":23},{"sectionNumber":"pt.4","sectionType":"part","heading":"Measures for achieving water plan outcomes","content":"# Measures for achieving water plan outcomes","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"General measure that contributes to achieving water plan outcomes","content":"### sec.22 General measure that contributes to achieving water plan outcomes\n\nA measure that contributes to achieving the water plan outcomes stated in part 3 is that a monitoring, evaluation and reporting strategy, to support assessment of the effectiveness of this plan and its implementation, is developed by the chief executive by 20 December 2023.","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objectives and performance indicators","content":"# Objectives and performance indicators","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Environmental flow objectives and performance indicators— Act , s 43","content":"### sec.23 Environmental flow objectives and performance indicators— Act , s 43\n\nFor section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 5 .\nThe performance indicators for the environmental flow objectives are stated in schedule 5 .\n(sec.23-ssec.1) For section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 5 .\n(sec.23-ssec.2) The performance indicators for the environmental flow objectives are stated in schedule 5 .","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Water allocation security objectives and performance indicators— Act , s 43","content":"### sec.24 Water allocation security objectives and performance indicators— Act , s 43\n\nFor section 43 (1) (e) (ii) of the Act , the water allocation security objectives for a decision made by the chief executive under chapter 2 of the Act , for surface water to which this plan applies, are that—\nthe performance ratio, for each group of water allocations to take supplemented water that state they are in the ‘high priority group’ or the ‘medium priority group’, is not less than 99% of what the performance ratio for the group was immediately before the commencement; and\nthe performance ratio for each group of water allocations to take unsupplemented water is not less than—\n98% of what the performance ratio for the group was immediately before the decision is made; and\n92% of what the performance ratio for the group was immediately before the commencement.\nThe performance indicators for the water allocation security objectives mentioned in subsection (1) are the performance ratios for each group of water allocations mentioned in subsection (1) (a) and (b) .\nIn this section—\nperformance ratio , for a group of water allocations, means the average annual volume of water that may be taken by holders of all water allocations in the group in the simulation period expressed as a percentage of the total of the nominal volume for all water allocations in the group.\n(sec.24-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objectives for a decision made by the chief executive under chapter 2 of the Act , for surface water to which this plan applies, are that— the performance ratio, for each group of water allocations to take supplemented water that state they are in the ‘high priority group’ or the ‘medium priority group’, is not less than 99% of what the performance ratio for the group was immediately before the commencement; and the performance ratio for each group of water allocations to take unsupplemented water is not less than— 98% of what the performance ratio for the group was immediately before the decision is made; and 92% of what the performance ratio for the group was immediately before the commencement.\n(sec.24-ssec.2) The performance indicators for the water allocation security objectives mentioned in subsection (1) are the performance ratios for each group of water allocations mentioned in subsection (1) (a) and (b) .\n(sec.24-ssec.3) In this section— performance ratio , for a group of water allocations, means the average annual volume of water that may be taken by holders of all water allocations in the group in the simulation period expressed as a percentage of the total of the nominal volume for all water allocations in the group.\n- (a) the performance ratio, for each group of water allocations to take supplemented water that state they are in the ‘high priority group’ or the ‘medium priority group’, is not less than 99% of what the performance ratio for the group was immediately before the commencement; and\n- (b) the performance ratio for each group of water allocations to take unsupplemented water is not less than— (i) 98% of what the performance ratio for the group was immediately before the decision is made; and (ii) 92% of what the performance ratio for the group was immediately before the commencement.\n- (i) 98% of what the performance ratio for the group was immediately before the decision is made; and\n- (ii) 92% of what the performance ratio for the group was immediately before the commencement.\n- (i) 98% of what the performance ratio for the group was immediately before the decision is made; and\n- (ii) 92% of what the performance ratio for the group was immediately before the commencement.","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Calculation of performance indicators","content":"### sec.25 Calculation of performance indicators\n\nA performance indicator mentioned in section 23 or 24 must be calculated on the assumption that unallocated water reserved under this plan is being taken.\nSee section 31 for unallocated water reserved under this plan.","sortOrder":29},{"sectionNumber":"pt.6","sectionType":"part","heading":"Strategies for achieving water plan outcomes for surface water and underground water","content":"# Strategies for achieving water plan outcomes for surface water and underground water","sortOrder":30},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Application of part","content":"### sec.26 Application of part\n\nThis part applies to surface water and underground water in the plan area.","sortOrder":32},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Limitations on taking or interfering with water","content":"## Limitations on taking or interfering with water","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Limitations on taking water for particular activities— Act , s 101","content":"### sec.27 Limitations on taking water for particular activities— Act , s 101\n\nFor section 101 (1) of the Act , the total volume of water to which this plan applies that may be taken by a person during a water year for activities prescribed under section 101 (1) (a) of the Act is—\nfor water taken from part of a watercourse used for distribution of water by a resource operations licence holder—0ML; and\nfor water taken in subcatchment area C or H—20ML.\nThe part of the plan area included in subcatchment areas C and H is the same part included in the Atherton underground water management area.\nThe 20ML of water that may be taken under paragraph (b) includes surface water and underground water.\n- (a) for water taken from part of a watercourse used for distribution of water by a resource operations licence holder—0ML; and\n- (b) for water taken in subcatchment area C or H—20ML. Notes— 1 The part of the plan area included in subcatchment areas C and H is the same part included in the Atherton underground water management area. 2 The 20ML of water that may be taken under paragraph (b) includes surface water and underground water.\n- 1 The part of the plan area included in subcatchment areas C and H is the same part included in the Atherton underground water management area.\n- 2 The 20ML of water that may be taken under paragraph (b) includes surface water and underground water.\n- 1 The part of the plan area included in subcatchment areas C and H is the same part included in the Atherton underground water management area.\n- 2 The 20ML of water that may be taken under paragraph (b) includes surface water and underground water.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Limitations on taking underground water in underground water management areas— Act , s 101","content":"### sec.28 Limitations on taking underground water in underground water management areas— Act , s 101\n\nFor section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take underground water in the Atherton underground water management area or the Cairns Northern Beaches underground water management area unless the water is taken—\nunder a water licence or water permit; or\nfor stock or domestic purposes; or\nfor underground water in the Atherton underground water management area—in accordance with section 27 (b) .\n- (a) under a water licence or water permit; or\n- (b) for stock or domestic purposes; or\n- (c) for underground water in the Atherton underground water management area—in accordance with section 27 (b) .","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Taking water for stock or domestic purposes— Act , s 103","content":"### sec.29 Taking water for stock or domestic purposes— Act , s 103\n\nFor section 103 (a) of the Act —\nthe location stated is a watercourse (other than a part of a watercourse used for distribution of water by a holder of a resource operations licence), lake or spring in the plan area; and\nthe way stated is any way.\n- (a) the location stated is a watercourse (other than a part of a watercourse used for distribution of water by a holder of a resource operations licence), lake or spring in the plan area; and\n- (b) the way stated is any way.","sortOrder":36},{"sectionNumber":"pt.7","sectionType":"part","heading":"Additional strategies for achieving water plan outcomes for surface water","content":"# Additional strategies for achieving water plan outcomes for surface water","sortOrder":37},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application of part","content":"### sec.30 Application of part\n\nThis part applies to surface water in the plan area.","sortOrder":39},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Unallocated water reserved under this plan— Act , s 43","content":"### sec.31 Unallocated water reserved under this plan— Act , s 43\n\nFor section 43 (1) (c) of the Act , the total volume reserved is 24,850ML.\nFor section 43 (2) (e) of the Act —\nthe volume reserved for water entitlements to take unallocated water in the plan area for a general purpose is 1,250ML, plus any additional volume of unallocated water stated in the water management protocol for this plan as being reserved for a general purpose; and\nthe volume reserved for water entitlements to take unallocated water in the plan area for an Indigenous purpose is 2,600ML, plus any additional volume of unallocated water stated in the water management protocol for this plan as being reserved for an Indigenous purpose; and\nthe volume reserved for water licences to take unallocated water in the plan area for a strategic purpose is 4,000ML.\n(sec.31-ssec.1) For section 43 (1) (c) of the Act , the total volume reserved is 24,850ML.\n(sec.31-ssec.2) For section 43 (2) (e) of the Act — the volume reserved for water entitlements to take unallocated water in the plan area for a general purpose is 1,250ML, plus any additional volume of unallocated water stated in the water management protocol for this plan as being reserved for a general purpose; and the volume reserved for water entitlements to take unallocated water in the plan area for an Indigenous purpose is 2,600ML, plus any additional volume of unallocated water stated in the water management protocol for this plan as being reserved for an Indigenous purpose; and the volume reserved for water licences to take unallocated water in the plan area for a strategic purpose is 4,000ML.\n- (a) the volume reserved for water entitlements to take unallocated water in the plan area for a general purpose is 1,250ML, plus any additional volume of unallocated water stated in the water management protocol for this plan as being reserved for a general purpose; and\n- (b) the volume reserved for water entitlements to take unallocated water in the plan area for an Indigenous purpose is 2,600ML, plus any additional volume of unallocated water stated in the water management protocol for this plan as being reserved for an Indigenous purpose; and\n- (c) the volume reserved for water licences to take unallocated water in the plan area for a strategic purpose is 4,000ML.","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Purpose for which unallocated water may be granted","content":"### sec.32 Purpose for which unallocated water may be granted\n\nUnallocated water in the plan area may be granted only for the following purposes—\nfor unallocated water held as a general reserve—any purpose;\nfor unallocated water held as a strategic reserve—town water supply;\nfor unallocated water held as an Indigenous reserve—an Indigenous purpose.\n- (a) for unallocated water held as a general reserve—any purpose;\n- (b) for unallocated water held as a strategic reserve—town water supply;\n- (c) for unallocated water held as an Indigenous reserve—an Indigenous purpose.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Processes for releasing unallocated water— Act , s 43","content":"### sec.33 Processes for releasing unallocated water— Act , s 43\n\nFor section 43 (2) (f) of the Act , this section states the process for releasing unallocated water reserved under this plan.\nThe process for granting unallocated water under a strategic reserve is the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .\nThe process for granting unallocated water under an Indigenous reserve is a process stated in the water management protocol for this plan.\n(sec.33-ssec.1) For section 43 (2) (f) of the Act , this section states the process for releasing unallocated water reserved under this plan.\n(sec.33-ssec.2) The process for granting unallocated water under a strategic reserve is the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .\n(sec.33-ssec.3) The process for granting unallocated water under an Indigenous reserve is a process stated in the water management protocol for this plan.","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.34 Matters chief executive must consider\n\nIn implementing a process for dealing with unallocated water under a general reserve or strategic reserve, the chief executive must consider—\nthe efficiency of existing and proposed water use practices; and\nthe availability of an alternative water supply for the purpose for which the water is required; and\nthe impact the proposed taking of, or interfering with, the water may have on the following—\nwater quality;\ninundation of habitats;\nthe movement of fish and other aquatic species;\nthe natural movement of sediment;\nrecreation and aesthetic values;\ncultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\nwhether the proposed taking or interfering is likely to have a direct adverse effect on underground water flows.\nSubsection (1) does not limit the matters the chief executive may consider.\n(sec.34-ssec.1) In implementing a process for dealing with unallocated water under a general reserve or strategic reserve, the chief executive must consider— the efficiency of existing and proposed water use practices; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of, or interfering with, the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and whether the proposed taking or interfering is likely to have a direct adverse effect on underground water flows.\n(sec.34-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the efficiency of existing and proposed water use practices; and\n- (b) the availability of an alternative water supply for the purpose for which the water is required; and\n- (c) the impact the proposed taking of, or interfering with, the water may have on the following— (i) water quality; (ii) inundation of habitats; (iii) the movement of fish and other aquatic species; (iv) the natural movement of sediment; (v) recreation and aesthetic values; (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\n- (i) water quality;\n- (ii) inundation of habitats;\n- (iii) the movement of fish and other aquatic species;\n- (iv) the natural movement of sediment;\n- (v) recreation and aesthetic values;\n- (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\n- (d) whether the proposed taking or interfering is likely to have a direct adverse effect on underground water flows.\n- (i) water quality;\n- (ii) inundation of habitats;\n- (iii) the movement of fish and other aquatic species;\n- (iv) the natural movement of sediment;\n- (v) recreation and aesthetic values;\n- (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and","sortOrder":44},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Particular decisions about allocation or management of water","content":"## Particular decisions about allocation or management of water","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Decisions consistent with objectives","content":"### sec.35 Decisions consistent with objectives\n\nA decision made by the chief executive under chapter 2 of the Act about the allocation or management of water to which this plan applies, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives stated in section 23 ; and\nthe water allocation security objectives stated in section 24 .\n- (a) the environmental flow objectives stated in section 23 ; and\n- (b) the water allocation security objectives stated in section 24 .","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.36 Assessing impact of decisions\n\nThe eWater Source computer program’s simulation for the simulation period is used to assess consistency with the objectives mentioned in section 35 .\nIf it is not practicable to use the eWater Source 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 eWater Source computer program.\nIn this section—\neWater Source computer program means the computer program used by the department to simulate daily stream flows, flow management, storages, releases, in-stream infrastructure, water diversions, water demands and other hydrological events in the plan area.\n(sec.36-ssec.1) The eWater Source computer program’s simulation for the simulation period is used to assess consistency with the objectives mentioned in section 35 .\n(sec.36-ssec.2) If it is not practicable to use the eWater Source computer program, another assessment method approved by the chief executive may be used.\n(sec.36-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 eWater Source computer program.\n(sec.36-ssec.4) In this section— eWater Source computer program means the computer program used by the department to simulate daily stream flows, flow management, storages, releases, in-stream infrastructure, water diversions, water demands and other hydrological events in the plan area.","sortOrder":47},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Converting water licences to water allocations to take unsupplemented water","content":"## Converting water licences to water allocations to take unsupplemented water","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Purpose of division","content":"### sec.37 Purpose of division\n\nThis division states, for section 43 (2) (g) of the Act , arrangements and processes for converting, under a water entitlement notice for this plan, particular authorisations to water allocations to take unsupplemented surface water to which this plan applies.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Definition for division","content":"### sec.38 Definition for division\n\nIn this division—\nexisting authorisation means a water licence to take unsupplemented surface water from a watercourse, lake or spring in the plan area.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Existing authorisation may be converted to water allocation","content":"### sec.39 Existing authorisation may be converted to water allocation\n\nA water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for the conversion of an existing authorisation to a water allocation stated in the notice to take unsupplemented surface water from a watercourse, lake or spring in the plan area.","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"Elements of water allocation","content":"### sec.40 Elements of water allocation\n\nThe water allocation must state the following—\nthe nominal volume for the allocation;\nthe annual volumetric limit for the allocation;\nthe daily volumetric limit for the allocation;\nthe flow conditions under which water may be taken;\nthe purpose of the allocation.\n- (a) the nominal volume for the allocation;\n- (b) the annual volumetric limit for the allocation;\n- (c) the daily volumetric limit for the allocation;\n- (d) the flow conditions under which water may be taken;\n- (e) the purpose of the allocation.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Nominal volume","content":"### sec.41 Nominal volume\n\nIn deciding the nominal volume for the water allocation, the chief executive must have regard to—\nthe local availability of water; and\nthe conditions under which the water may be taken under the existing authorisation; and\nthe simulated mean annual diversion.\nIn this section—\nsimulated mean annual diversion , for a water allocation, means the total volume of water simulated to have been taken under the water allocation, if the water allocation were in existence for the whole of the simulation period, divided by the number of years in the simulation period.\n(sec.41-ssec.1) In deciding the nominal volume for the water allocation, the chief executive must have regard to— the local availability of water; and the conditions under which the water may be taken under the existing authorisation; and the simulated mean annual diversion.\n(sec.41-ssec.2) In this section— simulated mean annual diversion , for a water allocation, means the total volume of water simulated to have been taken under the water allocation, if the water allocation were in existence for the whole of the simulation period, divided by the number of years in the simulation period.\n- (a) the local availability of water; and\n- (b) the conditions under which the water may be taken under the existing authorisation; and\n- (c) the simulated mean annual diversion.","sortOrder":53},{"sectionNumber":"sec.42","sectionType":"section","heading":"Annual volumetric limit","content":"### sec.42 Annual volumetric limit\n\nThe annual volumetric limit for the water allocation is—\nfor an existing authorisation that states an annual volume of water—the stated volume; or\nfor an existing authorisation that states an area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 10; or\nfor another existing authorisation—the volume decided by the chief executive having regard to—\nthe conditions under which water may be taken under the authorisation; and\nthe water taking capacity of any existing works for taking water under the authorisation; and\nthe annual volumes of water estimated by the chief executive to have been taken under the existing authorisation during the period, of not more than 10 years, immediately before 20 December 2002; and\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\n- (a) for an existing authorisation that states an annual volume of water—the stated volume; or\n- (b) for an existing authorisation that states an area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 10; or\n- (c) for another existing authorisation—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the authorisation; and (ii) the water taking capacity of any existing works for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing authorisation during the period, of not more than 10 years, immediately before 20 December 2002; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the authorisation; and\n- (ii) the water taking capacity of any existing works for taking water under the authorisation; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing authorisation during the period, of not more than 10 years, immediately before 20 December 2002; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the authorisation; and\n- (ii) the water taking capacity of any existing works for taking water under the authorisation; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing authorisation during the period, of not more than 10 years, immediately before 20 December 2002; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .","sortOrder":54},{"sectionNumber":"sec.43","sectionType":"section","heading":"Daily volumetric limit","content":"### sec.43 Daily volumetric limit\n\nThe daily volumetric limit for the water allocation is—\nfor an existing authorisation that states the volume of water that may be taken in a day—the stated volume; or\nfor another existing authorisation—the daily volumetric limit decided by the chief executive having regard to—\nthe type of authorisation; and\nan estimate or measurement of the rate at which water can be taken under the authorisation.\nHowever, for subsection (1) (b) , if the holder of the existing authorisation satisfies the chief executive that the water taking capacity of an existing pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken under the authorisation;\nthe water taking capacity of the existing pump under normal operating conditions;\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before 27 November 2009;\nthe efficiency of the water use associated with the irrigation or water distribution system mentioned in paragraph (c) .\nIn this section—\nexisting pump , in relation to an existing authorisation, means a pump used under—\nthe existing authorisation; or\na development permit for the existing authorisation.\n(sec.43-ssec.1) The daily volumetric limit for the water allocation is— for an existing authorisation that states the volume of water that may be taken in a day—the stated volume; or for another existing authorisation—the daily volumetric limit decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation.\n(sec.43-ssec.2) However, for subsection (1) (b) , if the holder of the existing authorisation satisfies the chief executive that the water taking capacity of an existing pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the authorisation; the water taking capacity of the existing pump under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before 27 November 2009; the efficiency of the water use associated with the irrigation or water distribution system mentioned in paragraph (c) .\n(sec.43-ssec.3) In this section— existing pump , in relation to an existing authorisation, means a pump used under— the existing authorisation; or a development permit for the existing authorisation.\n- (a) for an existing authorisation that states the volume of water that may be taken in a day—the stated volume; or\n- (b) for another existing authorisation—the daily volumetric limit decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (a) the conditions under which the water may be taken under the authorisation;\n- (b) the water taking capacity of the existing pump under normal operating conditions;\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before 27 November 2009;\n- (d) the efficiency of the water use associated with the irrigation or water distribution system mentioned in paragraph (c) .\n- (a) the existing authorisation; or\n- (b) a development permit for the existing authorisation.","sortOrder":55},{"sectionNumber":"sec.44","sectionType":"section","heading":"Conditions","content":"### sec.44 Conditions\n\nIn deciding the conditions under which water may be taken under the water allocation, the chief executive must have regard to the conditions stated on the existing authorisation.","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Purpose","content":"### sec.45 Purpose\n\nThe purpose stated on the water allocation must be—\nif the purpose stated on the existing authorisation is stock, domestic, irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or\nif the purpose stated on the existing authorisation is distribution loss—‘distribution loss’; or\notherwise—‘any’.\n- (a) if the purpose stated on the existing authorisation is stock, domestic, irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or\n- (b) if the purpose stated on the existing authorisation is distribution loss—‘distribution loss’; or\n- (c) otherwise—‘any’.","sortOrder":57},{"sectionNumber":"sec.46","sectionType":"section","heading":"Water allocation groups— Act , sch 4","content":"### sec.46 Water allocation groups— Act , sch 4\n\nFor schedule 4 of the Act , definition water allocation group —\na water allocation to take unsupplemented water in subcatchment area C belongs to—\nfor a water allocation in relation to town water supply—the class CA water allocation group; and\nfor a water allocation that states a purpose or similar purpose mentioned in section 45 (a) , other than water harvesting, or a purpose mentioned in section 45 (c) —the class CB water allocation group; and\nfor other water allocations—the class CC water allocation group; and\na water allocation to take unsupplemented water in subcatchment area H belongs to the class HB water allocation group.\n- (a) a water allocation to take unsupplemented water in subcatchment area C belongs to— (i) for a water allocation in relation to town water supply—the class CA water allocation group; and (ii) for a water allocation that states a purpose or similar purpose mentioned in section 45 (a) , other than water harvesting, or a purpose mentioned in section 45 (c) —the class CB water allocation group; and (iii) for other water allocations—the class CC water allocation group; and\n- (i) for a water allocation in relation to town water supply—the class CA water allocation group; and\n- (ii) for a water allocation that states a purpose or similar purpose mentioned in section 45 (a) , other than water harvesting, or a purpose mentioned in section 45 (c) —the class CB water allocation group; and\n- (iii) for other water allocations—the class CC water allocation group; and\n- (b) a water allocation to take unsupplemented water in subcatchment area H belongs to the class HB water allocation group.\n- (i) for a water allocation in relation to town water supply—the class CA water allocation group; and\n- (ii) for a water allocation that states a purpose or similar purpose mentioned in section 45 (a) , other than water harvesting, or a purpose mentioned in section 45 (c) —the class CB water allocation group; and\n- (iii) for other water allocations—the class CC water allocation group; and","sortOrder":58},{"sectionNumber":"pt.7-div.5","sectionType":"division","heading":"Water licences","content":"## Water licences","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Applications for water licences that must not be accepted","content":"### sec.47 Applications for water licences that must not be accepted\n\nFor section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section 107 of the Act unless it is an application—\nto which subdivision 2 applies; or\nfor a water licence that states the purpose of ‘hydro-electric’ or ‘relift’.\n- (a) to which subdivision 2 applies; or\n- (b) for a water licence that states the purpose of ‘hydro-electric’ or ‘relift’.","sortOrder":60},{"sectionNumber":"sec.48","sectionType":"section","heading":"Particular applications for dealings with water licences inconsistent with this plan","content":"### sec.48 Particular applications for dealings with water licences inconsistent with this plan\n\nThe granting of an application made under section 121 of the Act for a dealing with a water licence in relation to water to which this plan applies is inconsistent with this plan if, under section 130 of the Act , the application must be assessed as if it were an application for a new water licence.\nSee section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\nHowever, subsection (1) does not apply to the application if—\nthe application is to change the daily volumetric limit of the water licence; and\nthe change will not result in a volume that is greater than the daily volumetric limit stated in schedule 6 , having regard to the pump size stated on the related development permit for the licence; and\nthe chief executive is satisfied that the change will not have a significant adverse effect on the availability of water for existing water holders in the subcatchment area in which the water is taken.\nIn this section—\nrelated development permit , for a water licence, means the development permit for the works for taking water under the licence.\n(sec.48-ssec.1) The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to water to which this plan applies is inconsistent with this plan if, under section 130 of the Act , the application must be assessed as if it were an application for a new water licence. See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\n(sec.48-ssec.2) However, subsection (1) does not apply to the application if— the application is to change the daily volumetric limit of the water licence; and the change will not result in a volume that is greater than the daily volumetric limit stated in schedule 6 , having regard to the pump size stated on the related development permit for the licence; and the chief executive is satisfied that the change will not have a significant adverse effect on the availability of water for existing water holders in the subcatchment area in which the water is taken.\n(sec.48-ssec.3) In this section— related development permit , for a water licence, means the development permit for the works for taking water under the licence.\n- (a) the application is to change the daily volumetric limit of the water licence; and\n- (b) the change will not result in a volume that is greater than the daily volumetric limit stated in schedule 6 , having regard to the pump size stated on the related development permit for the licence; and\n- (c) the chief executive is satisfied that the change will not have a significant adverse effect on the availability of water for existing water holders in the subcatchment area in which the water is taken.","sortOrder":61},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of subdivision","content":"### sec.49 Application of subdivision\n\nThis subdivision applies to an application, made under section 107 of the Act , for a water licence to interfere with water in a watercourse, lake or spring in the plan area.","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Matters for deciding applications","content":"### sec.50 Matters for deciding applications\n\nIn deciding the application, the chief executive must consider the impact the proposed interference with water in the watercourse, lake or spring may have on—\nin-stream water levels in the watercourse, lake or spring; and\nthe natural movement of sediment; and\nthe bed and banks of the watercourse, lake or spring; and\nriparian vegetation; and\nhabitats for native plants and animals; and\nthe movement of fish and other aquatic species; and\nthe cultural and environmental values of the watercourse, lake or spring.\n- (a) in-stream water levels in the watercourse, lake or spring; and\n- (b) the natural movement of sediment; and\n- (c) the bed and banks of the watercourse, lake or spring; and\n- (d) riparian vegetation; and\n- (e) habitats for native plants and animals; and\n- (f) the movement of fish and other aquatic species; and\n- (g) the cultural and environmental values of the watercourse, lake or spring.","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.51 Limitations on interference with water\n\nThe water licence may be granted only if the purpose of the proposed interference is a purpose provided for in this subdivision.","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Interference with water to enable taking of water for stock or domestic purposes","content":"### sec.52 Interference with water to enable taking of water for stock or domestic purposes\n\nThis section applies if the purpose of the proposed interference with water is to store water to be taken for stock or domestic purposes.\nThe storage capacity of the proposed interference must not be greater than—\nfor a water licence to interfere with water in subcatchment area A, B, C or H—20ML; or\nfor other water licences—200ML.\n(sec.52-ssec.1) This section applies if the purpose of the proposed interference with water is to store water to be taken for stock or domestic purposes.\n(sec.52-ssec.2) The storage capacity of the proposed interference must not be greater than— for a water licence to interfere with water in subcatchment area A, B, C or H—20ML; or for other water licences—200ML.\n- (a) for a water licence to interfere with water in subcatchment area A, B, C or H—20ML; or\n- (b) for other water licences—200ML.","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Interference with water for provision of pumping pool","content":"### sec.53 Interference with water for provision of pumping pool\n\nThis section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\nThe storage capacity of the pumping pool must not be greater than 2ML.\nIn this section—\npumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n(sec.53-ssec.1) This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\n(sec.53-ssec.2) The storage capacity of the pumping pool must not be greater than 2ML.\n(sec.53-ssec.3) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Interference with water to improve security for town water supply","content":"### sec.54 Interference with water to improve security for town water supply\n\nThis section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\nThe chief executive must not grant the application unless the chief executive is satisfied—\nthe town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and\nthere is a demonstrated need for improved security of the water supply.\n(sec.54-ssec.1) This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\n(sec.54-ssec.2) The chief executive must not grant the application unless the chief executive is satisfied— the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and there is a demonstrated need for improved security of the water supply.\n- (a) the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and\n- (b) there is a demonstrated need for improved security of the water supply.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Interference with water to store water or divert water for purpose not related to the taking of water under water entitlement","content":"### sec.55 Interference with water to store water or divert water for purpose not related to the taking of water under water entitlement\n\nThis section applies if the purpose of the proposed interference with water is to store water or divert water for a purpose not related to the taking of water under a water entitlement.\ncommunity landscaping, retention of water for flood mitigation purposes, storing water for a micro-hydroelectric power scheme, diverting a watercourse for construction of a railway or mining site\nThe interference must not be greater than the volume necessary for the purpose of the interference.\n(sec.55-ssec.1) This section applies if the purpose of the proposed interference with water is to store water or divert water for a purpose not related to the taking of water under a water entitlement. community landscaping, retention of water for flood mitigation purposes, storing water for a micro-hydroelectric power scheme, diverting a watercourse for construction of a railway or mining site\n(sec.55-ssec.2) The interference must not be greater than the volume necessary for the purpose of the interference.","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Interference with water related to the granting of unallocated water","content":"### sec.56 Interference with water related to the granting of unallocated water\n\nThis section applies if the purpose of the proposed interference with water is related to the releasing of unallocated water under the process mentioned in section 33 .\nThe interference must not be greater than is necessary for the purpose of taking the unallocated water.\n(sec.56-ssec.1) This section applies if the purpose of the proposed interference with water is related to the releasing of unallocated water under the process mentioned in section 33 .\n(sec.56-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water.","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Contents of water licence","content":"### sec.57 Contents of water licence\n\nA water licence to take unsupplemented water must state each of the following—\nthe purpose for which water may be taken under the licence;\nthe nominal entitlement for the licence;\nthe daily volumetric limit for the licence;\nif a condition applies to the licence, including, for example, a flow condition under which water may be taken or a condition about storing water taken under the licence—the condition.\nHowever—\nsubsection (1) (b) does not apply to a licence that states a purpose of ‘hydro-electric’ or ‘relift’; and\nsubsection (1) (c) does not apply to a licence that states a purpose of ‘relift’.\n(sec.57-ssec.1) A water licence to take unsupplemented water must state each of the following— the purpose for which water may be taken under the licence; the nominal entitlement for the licence; the daily volumetric limit for the licence; if a condition applies to the licence, including, for example, a flow condition under which water may be taken or a condition about storing water taken under the licence—the condition.\n(sec.57-ssec.2) However— subsection (1) (b) does not apply to a licence that states a purpose of ‘hydro-electric’ or ‘relift’; and subsection (1) (c) does not apply to a licence that states a purpose of ‘relift’.\n- (a) the purpose for which water may be taken under the licence;\n- (b) the nominal entitlement for the licence;\n- (c) the daily volumetric limit for the licence;\n- (d) if a condition applies to the licence, including, for example, a flow condition under which water may be taken or a condition about storing water taken under the licence—the condition.\n- (a) subsection (1) (b) does not apply to a licence that states a purpose of ‘hydro-electric’ or ‘relift’; and\n- (b) subsection (1) (c) does not apply to a licence that states a purpose of ‘relift’.","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.58 Purpose to be stated on water licence\n\nThe purpose to be stated on a water licence to take unsupplemented water that replaces an existing licence must be—\nif the purpose stated on the existing licence is stock or domestic—‘stock and domestic’; or\nif the purpose stated on the existing licence is irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or\nif the purpose stated on the existing licence is relift or a similar purpose—‘relift’; or\nif the purpose stated on the existing licence is hydro-electric or a similar purpose—‘hydro-electric’; or\notherwise—‘any’.\nThe purpose to be stated on a water licence to take unsupplemented water, other than a water licence mentioned in subsection (1) , must be—\n‘stock and domestic’; or\n‘rural’; or\n‘relift’; or\n‘hydro-electric’; or\n‘Indigenous’; or\n‘any’.\nIn this section—\nexisting licence means a water licence to take unsupplemented water in effect immediately before 27 November 2009.\n(sec.58-ssec.1) The purpose to be stated on a water licence to take unsupplemented water that replaces an existing licence must be— if the purpose stated on the existing licence is stock or domestic—‘stock and domestic’; or if the purpose stated on the existing licence is irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or if the purpose stated on the existing licence is relift or a similar purpose—‘relift’; or if the purpose stated on the existing licence is hydro-electric or a similar purpose—‘hydro-electric’; or otherwise—‘any’.\n(sec.58-ssec.2) The purpose to be stated on a water licence to take unsupplemented water, other than a water licence mentioned in subsection (1) , must be— ‘stock and domestic’; or ‘rural’; or ‘relift’; or ‘hydro-electric’; or ‘Indigenous’; or ‘any’.\n(sec.58-ssec.3) In this section— existing licence means a water licence to take unsupplemented water in effect immediately before 27 November 2009.\n- (a) if the purpose stated on the existing licence is stock or domestic—‘stock and domestic’; or\n- (b) if the purpose stated on the existing licence is irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or\n- (c) if the purpose stated on the existing licence is relift or a similar purpose—‘relift’; or\n- (d) if the purpose stated on the existing licence is hydro-electric or a similar purpose—‘hydro-electric’; or\n- (e) otherwise—‘any’.\n- (a) ‘stock and domestic’; or\n- (b) ‘rural’; or\n- (c) ‘relift’; or\n- (d) ‘hydro-electric’; or\n- (e) ‘Indigenous’; or\n- (f) ‘any’.","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"Nominal entitlement","content":"### sec.59 Nominal entitlement\n\nSubsection (2) states the nominal entitlement for a water licence to take unsupplemented water.\nThe nominal entitlement is—\nfor a licence that states a volume of water that may be taken—the stated volume; or\nfor a licence that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor subcatchment area B—3; or\nfor subcatchment area C or H—10; or\nfor other subcatchment areas—6.6; or\nfor another licence—the volume decided by the chief executive having regard to—\nthe conditions under which water may be taken under the licence; and\nthe water taking capacity of any existing works for taking water under the licence; and\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before 20 December 2002; and\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\n(sec.59-ssec.1) Subsection (2) states the nominal entitlement for a water licence to take unsupplemented water.\n(sec.59-ssec.2) The nominal entitlement is— for a licence that states a volume of water that may be taken—the stated volume; or for a licence that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— for subcatchment area B—3; or for subcatchment area C or H—10; or for other subcatchment areas—6.6; or for another licence—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the licence; and the water taking capacity of any existing works for taking water under the licence; and the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before 20 December 2002; and the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (a) for a licence that states a volume of water that may be taken—the stated volume; or\n- (b) for a licence that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for subcatchment area B—3; or (ii) for subcatchment area C or H—10; or (iii) for other subcatchment areas—6.6; or\n- (i) for subcatchment area B—3; or\n- (ii) for subcatchment area C or H—10; or\n- (iii) for other subcatchment areas—6.6; or\n- (c) for another licence—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the licence; and (ii) the water taking capacity of any existing works for taking water under the licence; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before 20 December 2002; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the licence; and\n- (ii) the water taking capacity of any existing works for taking water under the licence; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before 20 December 2002; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) for subcatchment area B—3; or\n- (ii) for subcatchment area C or H—10; or\n- (iii) for other subcatchment areas—6.6; or\n- (i) the conditions under which water may be taken under the licence; and\n- (ii) the water taking capacity of any existing works for taking water under the licence; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before 20 December 2002; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .","sortOrder":72},{"sectionNumber":"sec.60","sectionType":"section","heading":"Daily volumetric limit","content":"### sec.60 Daily volumetric limit\n\nThe daily volumetric limit to take unsupplemented water under a water licence is the daily volumetric limit mentioned in section 43 or decided by the chief executive under that section as if the water licence were a water allocation.","sortOrder":73},{"sectionNumber":"pt.8","sectionType":"part","heading":"Additional strategies for achieving water plan outcomes for underground water","content":"# Additional strategies for achieving water plan outcomes for underground water","sortOrder":74},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of part","content":"### sec.61 Application of part\n\nThis part applies to underground water in the plan area.","sortOrder":76},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Water licences","content":"## Water licences","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Contents of water licence","content":"### sec.62 Contents of water licence\n\nA water licence to take underground water must state—\nthe purpose for which water may be taken under the licence; and\nthe nominal entitlement for the licence.\n- (a) the purpose for which water may be taken under the licence; and\n- (b) the nominal entitlement for the licence.","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.63 Purpose to be stated on water licence\n\nThe purpose to be stated on a water licence to take underground water that replaces an existing licence must be—\nif the purpose stated on the existing licence is irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or\notherwise—‘any’.\nThe purpose to be stated on a water licence to take underground water, other than a water licence mentioned in subsection (1) , must be—\n‘rural’; or\n‘any’; or\n‘town water supply’.\nIn this section—\nexisting licence means a water licence to take underground water in effect immediately before 27 November 2009.\n(sec.63-ssec.1) The purpose to be stated on a water licence to take underground water that replaces an existing licence must be— if the purpose stated on the existing licence is irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or otherwise—‘any’.\n(sec.63-ssec.2) The purpose to be stated on a water licence to take underground water, other than a water licence mentioned in subsection (1) , must be— ‘rural’; or ‘any’; or ‘town water supply’.\n(sec.63-ssec.3) In this section— existing licence means a water licence to take underground water in effect immediately before 27 November 2009.\n- (a) if the purpose stated on the existing licence is irrigation, stock intensive, agriculture, dairy, water harvesting, aquaculture or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.\n- (a) ‘rural’; or\n- (b) ‘any’; or\n- (c) ‘town water supply’.","sortOrder":79},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Strategies for Atherton underground water management area","content":"## Strategies for Atherton underground water management area","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of division","content":"### sec.64 Application of division\n\nThis division applies to water licences to take water in the Atherton underground water management area.","sortOrder":81},{"sectionNumber":"sec.65","sectionType":"section","heading":"Applications for water licences that must not be accepted","content":"### sec.65 Applications for water licences that must not be accepted\n\nFor section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence under section 107 of the Act .","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Particular applications for dealing with water licences inconsistent with this plan","content":"### sec.66 Particular applications for dealing with water licences inconsistent with this plan\n\nThe granting of an application made under section 121 of the Act for a dealing with a water licence is inconsistent with this plan if, under section 130 of the Act , the application must be assessed as if it were an application for a new water licence.\nSee section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.","sortOrder":83},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Strategies for Cairns Northern Beaches underground water management area","content":"## Strategies for Cairns Northern Beaches underground water management area","sortOrder":84},{"sectionNumber":"sec.67","sectionType":"section","heading":"Decisions about taking underground water","content":"### sec.67 Decisions about taking underground water\n\nThis section applies to an application made under section 107 of the Act for a water licence, or an application made under section 121 of the Act for a dealing with a water licence, to take underground water in the Cairns Northern Beaches underground water management area, if granting the application would increase the volume of underground water authorised to be taken.\nFor section 43 (2) (h) of the Act , the criteria for deciding the application are—\nthe availability of an alternative water supply for the purpose for which the water is required; and\nthe efficiency of existing and proposed water use practices; and\nwhether the proposed taking is likely to have a direct adverse effect on surface water flows; and\nthe cumulative impact of taking underground water on surface water flows and underground water flows; and\nexisting water entitlements and authorities to take or interfere with water in the Cairns Northern Beaches underground water management area; and\nany information about the effects of taking, or interfering with, water on natural ecosystems generally, including the impact of seawater intrusion; and\nany information about the effects of taking, or interfering with, water on the physical integrity of watercourses, lakes, springs or aquifers generally; and\nany information about the effects of taking, or interfering with, water on cultural values.\nSubsection (2) does not limit the matters the chief executive may consider.\n(sec.67-ssec.1) This section applies to an application made under section 107 of the Act for a water licence, or an application made under section 121 of the Act for a dealing with a water licence, to take underground water in the Cairns Northern Beaches underground water management area, if granting the application would increase the volume of underground water authorised to be taken.\n(sec.67-ssec.2) For section 43 (2) (h) of the Act , the criteria for deciding the application are— the availability of an alternative water supply for the purpose for which the water is required; and the efficiency of existing and proposed water use practices; and whether the proposed taking is likely to have a direct adverse effect on surface water flows; and the cumulative impact of taking underground water on surface water flows and underground water flows; and existing water entitlements and authorities to take or interfere with water in the Cairns Northern Beaches underground water management area; and any information about the effects of taking, or interfering with, water on natural ecosystems generally, including the impact of seawater intrusion; and any information about the effects of taking, or interfering with, water on the physical integrity of watercourses, lakes, springs or aquifers generally; and any information about the effects of taking, or interfering with, water on cultural values.\n(sec.67-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.\n- (a) the availability of an alternative water supply for the purpose for which the water is required; and\n- (b) the efficiency of existing and proposed water use practices; and\n- (c) whether the proposed taking is likely to have a direct adverse effect on surface water flows; and\n- (d) the cumulative impact of taking underground water on surface water flows and underground water flows; and\n- (e) existing water entitlements and authorities to take or interfere with water in the Cairns Northern Beaches underground water management area; and\n- (f) any information about the effects of taking, or interfering with, water on natural ecosystems generally, including the impact of seawater intrusion; and\n- (g) any information about the effects of taking, or interfering with, water on the physical integrity of watercourses, lakes, springs or aquifers generally; and\n- (h) any information about the effects of taking, or interfering with, water on cultural values.","sortOrder":85},{"sectionNumber":"sec.68","sectionType":"section","heading":"Restriction on nominal entitlement","content":"### sec.68 Restriction on nominal entitlement\n\nIn deciding the nominal entitlement for a water licence to take underground water in the Cairns Northern Beaches underground water management area, the chief executive must not decide a volume that is more than—\nfor a licence to take water for irrigation of a crop—1.75ML for each hectare of crop to be irrigated; or\nfor a licence to take water for another purpose—the volume estimated by the chief executive to be required for the purpose.\nirrigation of lawns, parks, sports ovals, pastures\n- (a) for a licence to take water for irrigation of a crop—1.75ML for each hectare of crop to be irrigated; or\n- (b) for a licence to take water for another purpose—the volume estimated by the chief executive to be required for the purpose. Examples of another purpose for which water is taken— irrigation of lawns, parks, sports ovals, pastures","sortOrder":86},{"sectionNumber":"pt.9","sectionType":"part","heading":"Implementing and amending this plan","content":"# Implementing and amending this plan","sortOrder":87},{"sectionNumber":"sec.69","sectionType":"section","heading":"Water management protocol— Act , ss 43 and 67","content":"### sec.69 Water management protocol— Act , ss 43 and 67\n\nFor section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\nFor section 67 of the Act , the water management protocol must address the following matters for the plan area—\nthe volumes of unallocated water reserved for stated purposes or stated locations;\nthe process for releasing unallocated water held as an Indigenous reserve;\nthe criteria and process for deciding applications for a seasonal water assignment or relocation of a water licence;\nfor water allocations managed under a resource operations licence—the water allocation dealing rules;\nfor water allocations not managed under a resource operations licence—\nthe seasonal water assignment rules; and\nthe water allocation dealing rules; and\nthe water sharing rules;\nthe water sharing rules for water licences to take underground water in the Atherton underground water management area;\nmonitoring requirements for water and natural ecosystems in the plan area.\n(sec.69-ssec.1) For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\n(sec.69-ssec.2) For section 67 of the Act , the water management protocol must address the following matters for the plan area— the volumes of unallocated water reserved for stated purposes or stated locations; the process for releasing unallocated water held as an Indigenous reserve; the criteria and process for deciding applications for a seasonal water assignment or relocation of a water licence; for water allocations managed under a resource operations licence—the water allocation dealing rules; for water allocations not managed under a resource operations licence— the seasonal water assignment rules; and the water allocation dealing rules; and the water sharing rules; the water sharing rules for water licences to take underground water in the Atherton underground water management area; monitoring requirements for water and natural ecosystems in the plan area.\n- (a) the volumes of unallocated water reserved for stated purposes or stated locations;\n- (b) the process for releasing unallocated water held as an Indigenous reserve;\n- (c) the criteria and process for deciding applications for a seasonal water assignment or relocation of a water licence;\n- (d) for water allocations managed under a resource operations licence—the water allocation dealing rules;\n- (e) for water allocations not managed under a resource operations licence— (i) the seasonal water assignment rules; and (ii) the water allocation dealing rules; and (iii) the water sharing rules;\n- (i) the seasonal water assignment rules; and\n- (ii) the water allocation dealing rules; and\n- (iii) the water sharing rules;\n- (f) the water sharing rules for water licences to take underground water in the Atherton underground water management area;\n- (g) monitoring requirements for water and natural ecosystems in the plan area.\n- (i) the seasonal water assignment rules; and\n- (ii) the water allocation dealing rules; and\n- (iii) the water sharing rules;","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Amendments to this plan that may be made without consultation— Act , s 43","content":"### sec.70 Amendments to this plan that may be made without consultation— Act , s 43\n\nFor section 43 (2) (m) of the Act , the following amendments may be made to this plan without public consultation—\nan amendment or addition of a performance indicator or environmental flow objective if the amendment or addition does not adversely affect—\nthe achievement of the water plan outcomes stated in part 3 ; or\nthe water allocation security objectives stated in section 24 ;\nan amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect—\nthe achievement of the water plan outcomes stated in part 3 ; or\nthe environmental flow objectives stated in section 23 ;\nan amendment or addition of a node;\nan amendment or addition of a priority group mentioned in section 24 (1) (a) ;\nan amendment or addition of a water allocation group;\nan amendment to adjust the boundaries of the following areas if more accurate information about the boundaries, or hydrological characteristics, of the plan area becomes available—\nthe plan area;\nthe water management area;\nan underground water management area;\na subcatchment area;\nan amendment to change the period within which a measure for achieving a stated water plan outcome is to be achieved;\nan amendment to remove a provision of this plan that no longer has effect.\n- (a) an amendment or addition of a performance indicator or environmental flow objective if the amendment or addition does not adversely affect— (i) the achievement of the water plan outcomes stated in part 3 ; or (ii) the water allocation security objectives stated in section 24 ;\n- (i) the achievement of the water plan outcomes stated in part 3 ; or\n- (ii) the water allocation security objectives stated in section 24 ;\n- (b) an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect— (i) the achievement of the water plan outcomes stated in part 3 ; or (ii) the environmental flow objectives stated in section 23 ;\n- (i) the achievement of the water plan outcomes stated in part 3 ; or\n- (ii) the environmental flow objectives stated in section 23 ;\n- (c) an amendment or addition of a node;\n- (d) an amendment or addition of a priority group mentioned in section 24 (1) (a) ;\n- (e) an amendment or addition of a water allocation group;\n- (f) an amendment to adjust the boundaries of the following areas if more accurate information about the boundaries, or hydrological characteristics, of the plan area becomes available— (i) the plan area; (ii) the water management area; (iii) an underground water management area; (iv) a subcatchment area;\n- (i) the plan area;\n- (ii) the water management area;\n- (iii) an underground water management area;\n- (iv) a subcatchment area;\n- (g) an amendment to change the period within which a measure for achieving a stated water plan outcome is to be achieved;\n- (h) an amendment to remove a provision of this plan that no longer has effect.\n- (i) the achievement of the water plan outcomes stated in part 3 ; or\n- (ii) the water allocation security objectives stated in section 24 ;\n- (i) the achievement of the water plan outcomes stated in part 3 ; or\n- (ii) the environmental flow objectives stated in section 23 ;\n- (i) the plan area;\n- (ii) the water management area;\n- (iii) an underground water management area;\n- (iv) a subcatchment area;","sortOrder":89},{"sectionNumber":"pt.10","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":90},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Repeal","content":"### sec.71 Repeal\n\nThe Water Plan (Barron) 2002, SL No. 378 is repealed.","sortOrder":92},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Definition for division","content":"### sec.72 Definition for division\n\nIn this division—\nrepealed plan means the repealed Water Plan (Barron) 2002 .","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Applications for water licences made before commencement","content":"### sec.73 Applications for water licences made before commencement\n\nThis section applies to an application for a water licence to take or interfere with water to which the repealed plan applied that was made, but not decided, before the commencement.\nIf the chief executive would not, under section 47, be able to accept the application had it been made after the commencement, the application is of no effect and is taken not to have been made.\nIf the chief executive would be permitted, under section 47, to accept the application had it been made after the commencement, the application is to be decided under this plan.\n(sec.73-ssec.1) This section applies to an application for a water licence to take or interfere with water to which the repealed plan applied that was made, but not decided, before the commencement.\n(sec.73-ssec.2) If the chief executive would not, under section 47, be able to accept the application had it been made after the commencement, the application is of no effect and is taken not to have been made.\n(sec.73-ssec.3) If the chief executive would be permitted, under section 47, to accept the application had it been made after the commencement, the application is to be decided under this plan.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Applications for dealing with water licences made before commencement","content":"### sec.74 Applications for dealing with water licences made before commencement\n\nThis section applies to an application for a dealing with a water licence to take or interfere with water to which the repealed plan applied if the application was made, but not decided, before the commencement.\nIf the granting of the application would be inconsistent with this plan had the application been made after the commencement, the application is inconsistent with this plan.\nSee section 129 of the Act for the actions the chief executive must take if granting an application for a dealing with a water licence would be inconsistent with a water plan.\nIf the granting of the application would not be inconsistent with this plan had the application been made after the commencement, the application is to be decided under this plan.\n(sec.74-ssec.1) This section applies to an application for a dealing with a water licence to take or interfere with water to which the repealed plan applied if the application was made, but not decided, before the commencement.\n(sec.74-ssec.2) If the granting of the application would be inconsistent with this plan had the application been made after the commencement, the application is inconsistent with this plan. See section 129 of the Act for the actions the chief executive must take if granting an application for a dealing with a water licence would be inconsistent with a water plan.\n(sec.74-ssec.3) If the granting of the application would not be inconsistent with this plan had the application been made after the commencement, the application is to be decided under this plan.","sortOrder":96},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Plan area and nodes","content":"# Plan area and nodes","sortOrder":97},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Location of nodes","content":"# Location of nodes","sortOrder":98},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Underground water management areas","content":"# Underground water management areas","sortOrder":99},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Underground water management area zones","content":"# Underground water management area zones","sortOrder":100},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Subcatchment areas","content":"# Subcatchment areas","sortOrder":101},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Subcatchment area zone for subcatchment area A","content":"# Subcatchment area zone for subcatchment area A","sortOrder":102},{"sectionNumber":"sch.4-pt.3","sectionType":"part","heading":"Subcatchment area zones for subcatchment area C","content":"# Subcatchment area zones for subcatchment area C","sortOrder":103},{"sectionNumber":"sch.4-pt.4","sectionType":"part","heading":"Subcatchment area zones for subcatchment area H","content":"# Subcatchment area zones for subcatchment area H","sortOrder":104}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":639},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with standard water resource planning scope under Queensland's Water Act 2000. It covers surface and underground water management, allocation security, environmental flows, and Indigenous water access—typical elements for a statutory water plan. No significant scope creep beyond original water planning purposes is evident."},"complexity_factors":["Multiple nested geographical zones (water supply scheme zones, subcatchment areas, underground water management areas, trading zones) with overlapping boundaries","Extensive cross-referencing to schedules, maps, and the parent Water Act 2000","Detailed conversion formulas for water licences to water allocations involving historical data back to 2002","Performance ratio calculations with multiple percentage thresholds (99%, 98%, 92%) for different water priority groups","Conditional logic for water licence purposes with multiple categories (rural, stock and domestic, hydro-electric, relift, Indigenous, any)","Subcatchment-specific rules with different volumetric limits (e.g., 3ML/ha vs 10ML/ha vs 6.6ML/ha for irrigation)","Multiple exceptions and carve-outs for existing licences, pumps, and historical usage patterns","Reference to external computer modelling (eWater Source) for decision-making"],"plain_english_summary":"This legislation is the **Water Plan (Barron) 2023**, which governs how water is managed in the Barron River catchment area in Far North Queensland.\n\n**What it does:**\n- Sets rules for who can take water from rivers, lakes, springs, and underground aquifers in the region\n- Balances competing needs: farming, town water supplies, hydro-electric power, tourism, and environmental protection\n- Reserves water specifically for Aboriginal and Torres Strait Islander peoples' economic, social, and cultural purposes\n- Establishes a framework for trading water rights between users\n- Aims to reverse environmental damage caused by past water extraction\n\n**Key features:**\n- **Water allocation system**: Converts old water licences into modern water allocations with clear limits on how much can be taken annually and daily\n- **Protected water**: 24,850 megalitres of water is reserved—some for general use, some specifically for Indigenous purposes, and some for town water supply\n- **Trading zones**: Allows water rights to be bought and sold in specific zones to improve efficiency\n- **Environmental safeguards**: Sets objectives for maintaining river flows, protecting the Great Barrier Reef from sediment and nutrient damage, and preserving groundwater-dependent ecosystems\n- **Underground water protections**: Strict limits on bore water extraction in the Atherton Tablelands and Cairns Northern Beaches areas\n\n**Who it affects:**\n- Farmers and irrigators\n- Town water suppliers (including Cairns)\n- Hydro-electric power operators\n- Aboriginal and Torres Strait Islander communities seeking water access\n- Anyone seeking to build dams, weirs, or other structures that interfere with water flow\n\nThe plan replaces the 2002 version and includes stronger recognition of Indigenous water rights and climate change considerations."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan expressly repeals the Water Plan (Barron) 2002 (sec 71) and implements a new statutory framework for the same geographic management area, including updated spatial definitions (secs 6–12), specified unallocated water volumes and sub-reserves (sec 31), and new licence-to-allocation conversion and rules (divisions in pt 7). By replacing the earlier plan and setting new numeric reservations and procedural rules, the plan alters the regulatory regime that applies to existing and future water users (secs 37, 71–74)."},"complexity_factors":["Detailed spatial structure: multiple plan area types, water supply scheme zones, underground water management areas, subcatchment areas and zones cross-referenced to schedules and maps (secs 6–12; schedules)","Quantified unallocated water reservations with sub-reserves and specific release processes (sec 31–33)","Technical performance standards expressed as performance ratios and environmental flow objectives assessed using the eWater Source hydrological model (secs 23–25, 36)","Extensive chief executive discretion in allocation, approval and approval of alternative assessment methods, with statutory criteria to be considered (secs 34, 35, 36, 69)","Numerous tailored conversion and licence content rules (nominal, annual and daily volumetric limits; purposes; group classifications) that vary by subcatchment and licence type (secs 37–46, 57–60)","Cross-references to the Act and the Water Regulation 2016, creating interdependent procedures and decision pathways (throughout; secs 5, 33, 69)","Transitional and repeal provisions handling pre-existing applications and replacing the prior plan (secs 71–74)"],"plain_english_summary":"Mechanically, this plan replaces the 2002 Barron plan and sets the legal rules for taking and managing surface and underground water in the Barron Water Management Area. It defines zones and nodes, reserves 24,850 ML of unallocated water (with Indigenous and strategic sub‑reserves), limits taking and interference, prescribes conversion of existing licences to water allocations, and sets performance targets to be modelled with the eWater Source program. The chief executive decides allocations and licence approvals; water users face limits, conditions and compliance obligations."},"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"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The plan's scope is consistent with its stated purposes. It is a comprehensive replacement for the 2002 Water Plan (Barron), covering the same geographic area (the Barron River catchment in Far North Queensland) and the same types of water (surface water and underground water). The addition of explicit Indigenous water reserves and cultural outcome provisions, and the inclusion of Great Barrier Reef protection considerations, represent an evolution in policy emphasis but not a departure from the plan's core water management mandate."},"complexity_factors":["Multiple overlapping geographic management zones (subcatchment areas A–H, underground water management areas, water supply scheme zones, trading zones, nodes) each with distinct rules","Separate regulatory regimes for surface water vs underground water, and for supplemented vs unsupplemented water","Extensive cross-referencing to the parent Water Act 2000 and Water Regulation 2016, meaning the plan cannot be understood in isolation","Technical hydrological concepts (performance ratios, simulated mean annual diversions, eWater Source modelling, environmental flow objectives) require specialist knowledge to interpret","Complex water allocation conversion process from old licences to new allocations, with different formulas for nominal volumes and daily limits depending on licence type and subcatchment area","Multiple classes of water allocation groups (CA, CB, CC, HB) with different priority rules","Different rules apply to different subcatchment areas (A, B, C, E, F, G, H) requiring careful geographic identification before determining applicable obligations","Interaction between the plan, water management protocols, water entitlement notices, and resource operations licences creates a multi-layered regulatory structure","Indigenous water rights provisions add an additional dimension requiring engagement with separate cultural and legal frameworks","Transitional provisions governing pending applications under the repealed 2002 plan add temporal complexity"],"plain_english_summary":"Queensland’s updated Water Plan for the Barron River catchment (replacing the 2002 plan) sets who can take water, how much, and where — affecting farmers, irrigators, Cairns urban supply, businesses, landholders, Indigenous communities, and environmental interests. It protects existing licences (converting many to volumetric water allocations), reserves unallocated water (including a 2,600 ML Indigenous reserve and town supply), enforces environmental flow targets, tightly restricts new licences in sensitive areas, and enables limited water trading to balance economic, social, cultural and environmental needs."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-barron-2023","history":"/api/acts/water-plan-barron-2023/history","analysis":"/api/acts/water-plan-barron-2023/analysis","conflicts":"/api/acts/water-plan-barron-2023/conflicts","importantCases":"/api/acts/water-plan-barron-2023/important-cases","documents":"/api/acts/water-plan-barron-2023/documents"}}