{"id":"qld:sl-2019-0012","name":"Water Plan (Border Rivers and Moonie) 2019","slug":"water-plan-border-rivers-and-moonie-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"12 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174022,"registerId":"qld-sl-2019-0012-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 (Border Rivers and Moonie) 2019 .","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 the future water requirements in the plan area; and\nprovide a framework for managing water allocations; 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 the future water requirements in the plan area; and\n- (d) provide a framework for managing water allocations; and\n- (e) 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 15 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—\nwater in a watercourse or lake; or\nwater in a spring not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or\noverland flow water, other than water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.\n- (a) water in a watercourse or lake; or\n- (b) water in a spring not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or\n- (c) overland flow water, other than water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"References to latitudes and longitudes","content":"### sec.5 References to latitudes and longitudes\n\nThe latitudes and longitudes used to describe a location mentioned in this plan are worked out using GDA94.\nIn this section—\nGDA94 means the Geocentric Datum of Australia, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.\n(sec.5-ssec.1) The latitudes and longitudes used to describe a location mentioned in this plan are worked out using GDA94.\n(sec.5-ssec.2) In this section— GDA94 means the Geocentric Datum of Australia, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.","sortOrder":5},{"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":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Water to which plan applies— Act , s 43","content":"### sec.6 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 to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 does not apply.\n- (a) surface water;\n- (b) underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 does not apply.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Underground water declared to be overland flow water— Act , s 1006A","content":"### sec.7 Underground water declared to be overland flow water— Act , s 1006A\n\nFor section 1006A (1) of the Act , underground water to which this plan applies is declared to be overland flow water if the underground water is—\nfrom the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; and\nThe Border Rivers Fractured Rock is an underground water unit.\nnot more than 6m below the surface.\nSubsection (1) does not apply to underground water the chief executive is satisfied is not hydraulically connected to overland flow water.\n(sec.7-ssec.1) For section 1006A (1) of the Act , underground water to which this plan applies is declared to be overland flow water if the underground water is— from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; and The Border Rivers Fractured Rock is an underground water unit. not more than 6m below the surface.\n(sec.7-ssec.2) Subsection (1) does not apply to underground water the chief executive is satisfied is not hydraulically connected to overland flow water.\n- (a) from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; and Note— The Border Rivers Fractured Rock is an underground water unit.\n- (b) not more than 6m below the surface.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Plan area","content":"### sec.8 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 , part 1 .\nThe plan area is divided into catchments.\nA reference in this plan to a catchment by name is a reference to the catchment given that name on the map in schedule 1 , part 1 .\n(sec.8-ssec.1) This plan applies to the area shown as the plan area on the map in schedule 1 , part 1 .\n(sec.8-ssec.2) The plan area is divided into catchments.\n(sec.8-ssec.3) A reference in this plan to a catchment by name is a reference to the catchment given that name on the map in schedule 1 , part 1 .","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Water supply schemes and water supply scheme zones","content":"### sec.9 Water supply schemes and water supply scheme zones\n\nEach part of the plan area shown as a water supply scheme on the map in schedule 2 , part 1 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 , part 1 , and named and described in schedule 2 , part 2 , columns 2 and 3, is a water supply scheme zone.\n(sec.9-ssec.1) Each part of the plan area shown as a water supply scheme on the map in schedule 2 , part 1 is a water supply scheme for this plan.\n(sec.9-ssec.2) Each part of the plan area shown as a water supply scheme zone on the map in schedule 2 , part 1 , and named and described in schedule 2 , part 2 , columns 2 and 3, is a water supply scheme zone.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Water management areas— Act , sch 4","content":"### sec.10 Water management areas— Act , sch 4\n\nFor schedule 4 of the Act , definition water management area , paragraph (b) , each part of the plan area shown as a water management area on a map in schedule 3 is a water management area.\nA reference in this plan to a water management area by name is a reference to the water management area given that name on a map in schedule 3 and in column 1 of a table in schedule 3 .\nFor this section—\nthe Border Rivers water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as—\nthe Border Rivers water management area Dumaresq zone; and\nthe Border Rivers water management area Macintyre zone; and\nthe Border Rivers water management area Barwon zone; and\nthe Macintyre Brook water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as—\nthe Macintyre Brook water management area Macintyre Brook upstream zone; and\nthe Macintyre Brook water management area Macintyre Brook zone.\n(sec.10-ssec.1) For schedule 4 of the Act , definition water management area , paragraph (b) , each part of the plan area shown as a water management area on a map in schedule 3 is a water management area.\n(sec.10-ssec.2) A reference in this plan to a water management area by name is a reference to the water management area given that name on a map in schedule 3 and in column 1 of a table in schedule 3 .\n(sec.10-ssec.3) For this section— the Border Rivers water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— the Border Rivers water management area Dumaresq zone; and the Border Rivers water management area Macintyre zone; and the Border Rivers water management area Barwon zone; and the Macintyre Brook water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— the Macintyre Brook water management area Macintyre Brook upstream zone; and the Macintyre Brook water management area Macintyre Brook zone.\n- (a) the Border Rivers water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— (i) the Border Rivers water management area Dumaresq zone; and (ii) the Border Rivers water management area Macintyre zone; and (iii) the Border Rivers water management area Barwon zone; and\n- (i) the Border Rivers water management area Dumaresq zone; and\n- (ii) the Border Rivers water management area Macintyre zone; and\n- (iii) the Border Rivers water management area Barwon zone; and\n- (b) the Macintyre Brook water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— (i) the Macintyre Brook water management area Macintyre Brook upstream zone; and (ii) the Macintyre Brook water management area Macintyre Brook zone.\n- (i) the Macintyre Brook water management area Macintyre Brook upstream zone; and\n- (ii) the Macintyre Brook water management area Macintyre Brook zone.\n- (i) the Border Rivers water management area Dumaresq zone; and\n- (ii) the Border Rivers water management area Macintyre zone; and\n- (iii) the Border Rivers water management area Barwon zone; and\n- (i) the Macintyre Brook water management area Macintyre Brook upstream zone; and\n- (ii) the Macintyre Brook water management area Macintyre Brook zone.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Water management area zones","content":"### sec.11 Water management area zones\n\nA water management area has 1 or more water management area zones.\nEach part of the plan area shown as a water management area zone on a map in schedule 3 , and named and described in columns 2 and 3 of a table in schedule 3 , is a water management area zone .\nA reference in this plan to a water management area zone by name is a reference to the water management area zone given that name on a map in schedule 3 and in column 2 of a table in schedule 3 .\n(sec.11-ssec.1) A water management area has 1 or more water management area zones.\n(sec.11-ssec.2) Each part of the plan area shown as a water management area zone on a map in schedule 3 , and named and described in columns 2 and 3 of a table in schedule 3 , is a water management area zone .\n(sec.11-ssec.3) A reference in this plan to a water management area zone by name is a reference to the water management area zone given that name on a map in schedule 3 and in column 2 of a table in schedule 3 .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Underground water management area","content":"### sec.12 Underground water management area\n\nThe part of the plan area shown as the underground water management area on the map in schedule 4 is the underground water management area .","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Underground water sub-areas","content":"### sec.13 Underground water sub-areas\n\nCertain parts of the underground water management area are divided into underground water sub-areas.\nA part of the underground water management area shown on the map in schedule 5 as an underground water sub-area is an underground water sub-area .\nA reference in this plan to an underground water sub-area by name is a reference to the underground water sub-area given that name in schedule 5 .\n(sec.13-ssec.1) Certain parts of the underground water management area are divided into underground water sub-areas.\n(sec.13-ssec.2) A part of the underground water management area shown on the map in schedule 5 as an underground water sub-area is an underground water sub-area .\n(sec.13-ssec.3) A reference in this plan to an underground water sub-area by name is a reference to the underground water sub-area given that name in schedule 5 .","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Underground water units and underground water sub-units","content":"### sec.14 Underground water units and underground water sub-units\n\nThe underground water management area includes the following aquifers (each an underground water unit )—\nthe Border Rivers Fractured Rock;\nthe Border Rivers Alluvium;\nthe St George Alluvium (shallow);\nthe St George Alluvium (deep);\nthe sediments above the Great Artesian Basin;\nthe Queensland Murray-Darling Basin deep.\nThe Border Rivers Alluvium, in the Border Rivers Alluvium underground water sub-area, is made up of the following aquifers (each an underground water sub-unit )—\nfor underground water to which this plan applies above the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (shallow);\nfor underground water to which this plan applies below the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (deep).\n(sec.14-ssec.1) The underground water management area includes the following aquifers (each an underground water unit )— the Border Rivers Fractured Rock; the Border Rivers Alluvium; the St George Alluvium (shallow); the St George Alluvium (deep); the sediments above the Great Artesian Basin; the Queensland Murray-Darling Basin deep.\n(sec.14-ssec.2) The Border Rivers Alluvium, in the Border Rivers Alluvium underground water sub-area, is made up of the following aquifers (each an underground water sub-unit )— for underground water to which this plan applies above the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (shallow); for underground water to which this plan applies below the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (deep).\n- (a) the Border Rivers Fractured Rock;\n- (b) the Border Rivers Alluvium;\n- (c) the St George Alluvium (shallow);\n- (d) the St George Alluvium (deep);\n- (e) the sediments above the Great Artesian Basin;\n- (f) the Queensland Murray-Darling Basin deep.\n- (a) for underground water to which this plan applies above the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (shallow);\n- (b) for underground water to which this plan applies below the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (deep).","sortOrder":15},{"sectionNumber":"sec.15","sectionType":"section","heading":"Underground water zones","content":"### sec.15 Underground water zones\n\nCertain underground water sub-areas are divided into underground water zones.\nA part of an underground water sub-area, shown on the map in schedule 6 as an underground water zone, is an underground water zone .\n(sec.15-ssec.1) Certain underground water sub-areas are divided into underground water zones.\n(sec.15-ssec.2) A part of an underground water sub-area, shown on the map in schedule 6 as an underground water zone, is an underground water zone .","sortOrder":16},{"sectionNumber":"sec.16","sectionType":"section","heading":"Trading zones— Act , s 43","content":"### sec.16 Trading zones— Act , s 43\n\nFor section 43 (1) (e) (i) of the Act , the following zones are trading zones for water allocations to which this plan applies—\na water supply scheme zone;\na water management area zone;\nan underground water zone.\n- (a) a water supply scheme zone;\n- (b) a water management area zone;\n- (c) an underground water zone.","sortOrder":17},{"sectionNumber":"sec.17","sectionType":"section","heading":"Nodes","content":"### sec.17 Nodes\n\nA node is a point in the plan area.\nThe modelled location of each node is identified, by a letter, on the map in schedule 1 , part 1 and is described in schedule 1 , part 2 .\nA node may be referred to in this plan by its letter.\nThe actual location of each node is set by—\nfor nodes A to K—the eWater Source computer program; or\nfor nodes L to N—the MODFLOW computer program.\n(sec.17-ssec.1) A node is a point in the plan area.\n(sec.17-ssec.2) The modelled location of each node is identified, by a letter, on the map in schedule 1 , part 1 and is described in schedule 1 , part 2 .\n(sec.17-ssec.3) A node may be referred to in this plan by its letter.\n(sec.17-ssec.4) The actual location of each node is set by— for nodes A to K—the eWater Source computer program; or for nodes L to N—the MODFLOW computer program.\n- (a) for nodes A to K—the eWater Source computer program; or\n- (b) for nodes L to N—the MODFLOW computer program.","sortOrder":18},{"sectionNumber":"sec.18","sectionType":"section","heading":"Information about areas","content":"### sec.18 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;\na water management area;\na water management area zone;\nthe underground water management area;\nan underground water sub-area;\nan underground water zone.\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) a water management area;\n- (e) a water management area zone;\n- (f) the underground water management area;\n- (g) an underground water sub-area;\n- (h) an underground water zone.","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Water plan outcomes","content":"# Water plan outcomes","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Purpose of part","content":"### sec.19 Purpose of part\n\nThis part states, for section 43 (1) (b) of the Act , the water plan outcomes for this plan.","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"General water plan outcome","content":"### sec.20 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 the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and\nis consistent with the relevant version of the Basin Plan, including, for example, the sustainable diversion limits; and\nis consistent with water sharing agreements and commitments between the State and New South Wales; and\nseeks to achieve a balance between—\nthe economic water plan outcomes stated in section 21 ; and\nthe social water plan outcomes stated in section 22 ; and\nthe cultural water plan outcomes stated in section 23 ; and\nthe environmental water plan outcomes stated in section 24 ; 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, economic, environmental and cultural uses of water by Aboriginal people; 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; and\nthe actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.\n- (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and\n- (b) is consistent with the relevant version of the Basin Plan, including, for example, the sustainable diversion limits; and\n- (c) is consistent with water sharing agreements and commitments between the State and New South Wales; and\n- (d) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 21 ; and (ii) the social water plan outcomes stated in section 22 ; and (iii) the cultural water plan outcomes stated in section 23 ; and (iv) the environmental water plan outcomes stated in section 24 ; and\n- (i) the economic water plan outcomes stated in section 21 ; and\n- (ii) the social water plan outcomes stated in section 22 ; and\n- (iii) the cultural water plan outcomes stated in section 23 ; and\n- (iv) the environmental water plan outcomes stated in section 24 ; and\n- (e) 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, economic, environmental and cultural uses of water by Aboriginal people; 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; and (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.\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, economic, environmental and cultural uses of water by Aboriginal people; 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; and\n- (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.\n- (i) the economic water plan outcomes stated in section 21 ; and\n- (ii) the social water plan outcomes stated in section 22 ; and\n- (iii) the cultural water plan outcomes stated in section 23 ; and\n- (iv) the environmental water plan outcomes stated in section 24 ; 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, economic, environmental and cultural uses of water by Aboriginal people; 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; and\n- (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.","sortOrder":22},{"sectionNumber":"sec.21","sectionType":"section","heading":"Water plan outcomes—economic","content":"### sec.21 Water plan outcomes—economic\n\nThe economic water plan outcomes for this plan are—\nto maintain the probability of being able to take water to which this plan applies under a water entitlement; and\nto maintain and, if possible, improve the productive base of underground water to which this plan applies; and\nto improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and\nto maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and\nto maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and\nto maintain and, if possible, improve flood flows to support grazing activities in the plan area; and\nto make water to which this plan applies available to support the economic and social aspirations of Aboriginal people.\nIn this section—\nrelocatable water licence means a water licence that the water management protocol for this plan states may be relocated, in whole or in part, under section 126 (1) (a) of the Act .\n(sec.21-ssec.1) The economic water plan outcomes for this plan are— to maintain the probability of being able to take water to which this plan applies under a water entitlement; and to maintain and, if possible, improve the productive base of underground water to which this plan applies; and to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and to maintain and, if possible, improve flood flows to support grazing activities in the plan area; and to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people.\n(sec.21-ssec.2) In this section— relocatable water licence means a water licence that the water management protocol for this plan states may be relocated, in whole or in part, under section 126 (1) (a) of the Act .\n- (a) to maintain the probability of being able to take water to which this plan applies under a water entitlement; and\n- (b) to maintain and, if possible, improve the productive base of underground water to which this plan applies; and\n- (c) to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and\n- (d) to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and\n- (e) to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and\n- (f) to maintain and, if possible, improve flood flows to support grazing activities in the plan area; and\n- (g) to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people.","sortOrder":23},{"sectionNumber":"sec.22","sectionType":"section","heading":"Water plan outcomes—social","content":"### sec.22 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 that support water-related aesthetic, cultural and recreational values; and\nto provide water to which this plan applies for domestic purposes in the plan area.\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 that support water-related aesthetic, cultural and recreational values; 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 that support water-related aesthetic, cultural and recreational values; and\n- (b) to provide water to which this plan applies for domestic purposes in the plan area.\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 that support water-related aesthetic, cultural and recreational values; and","sortOrder":24},{"sectionNumber":"sec.23","sectionType":"section","heading":"Water plan outcomes—cultural","content":"### sec.23 Water plan outcomes—cultural\n\nThe cultural water plan outcomes for this plan are to maintain flows of water to which this plan applies that support the water-related cultural, spiritual, social and environmental values of Aboriginal people.","sortOrder":25},{"sectionNumber":"sec.24","sectionType":"section","heading":"Water plan outcomes—environmental","content":"### sec.24 Water plan outcomes—environmental\n\nThe environmental water plan outcomes for this plan are—\nto maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and\na water entitlement held by CEWH\na water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems\nto maintain and, if possible, improve flows of water to which this plan applies that support—\nwaterholes as refugia; and\nriver channels; and\nriver-forming processes; and\nto maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including—\nthe Macintyre River floodplain downstream of Goondiwindi; and\nchannel-connected wetlands associated with that floodplain; and\nto minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and\nto minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and\nbank erosion, thermal alteration of waters, degradation of water quality\nto minimise water quality degradation in relation to—\nfor surface water to which this plan applies—flow; and\nfor underground water to which this plan applies—flow and pressure; and\nto maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies.\nIn this section—\nfish recruitment means the successful development and growth of a juvenile fish to a stage at which the fish has the ability to reproduce.\nunderground water regime means the profile of underground water levels, hydraulic head and direction of underground water flow as represented by water levels at nodes L, M and N.\nwaterhole means a part of a watercourse that contains water after the watercourse stops flowing, other than a part of the watercourse that is within the storage area of a dam or weir on the watercourse.\n(sec.24-ssec.1) The environmental water plan outcomes for this plan are— to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and a water entitlement held by CEWH a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems to maintain and, if possible, improve flows of water to which this plan applies that support— waterholes as refugia; and river channels; and river-forming processes; and to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— the Macintyre River floodplain downstream of Goondiwindi; and channel-connected wetlands associated with that floodplain; and to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and bank erosion, thermal alteration of waters, degradation of water quality to minimise water quality degradation in relation to— for surface water to which this plan applies—flow; and for underground water to which this plan applies—flow and pressure; and to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies.\n(sec.24-ssec.2) In this section— fish recruitment means the successful development and growth of a juvenile fish to a stage at which the fish has the ability to reproduce. underground water regime means the profile of underground water levels, hydraulic head and direction of underground water flow as represented by water levels at nodes L, M and N. waterhole means a part of a watercourse that contains water after the watercourse stops flowing, other than a part of the watercourse that is within the storage area of a dam or weir on the watercourse.\n- (a) to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and Examples of a water entitlement held only for providing benefit to the environment— • a water entitlement held by CEWH • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems\n- • a water entitlement held by CEWH\n- • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems\n- (b) to maintain and, if possible, improve flows of water to which this plan applies that support— (i) waterholes as refugia; and (ii) river channels; and (iii) river-forming processes; and\n- (i) waterholes as refugia; and\n- (ii) river channels; and\n- (iii) river-forming processes; and\n- (c) to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— (i) the Macintyre River floodplain downstream of Goondiwindi; and (ii) channel-connected wetlands associated with that floodplain; and\n- (i) the Macintyre River floodplain downstream of Goondiwindi; and\n- (ii) channel-connected wetlands associated with that floodplain; and\n- (d) to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and\n- (e) to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and Examples of adverse environmental impacts— bank erosion, thermal alteration of waters, degradation of water quality\n- (f) to minimise water quality degradation in relation to— (i) for surface water to which this plan applies—flow; and (ii) for underground water to which this plan applies—flow and pressure; and\n- (i) for surface water to which this plan applies—flow; and\n- (ii) for underground water to which this plan applies—flow and pressure; and\n- (g) to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies.\n- • a water entitlement held by CEWH\n- • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems\n- (i) waterholes as refugia; and\n- (ii) river channels; and\n- (iii) river-forming processes; and\n- (i) the Macintyre River floodplain downstream of Goondiwindi; and\n- (ii) channel-connected wetlands associated with that floodplain; and\n- (i) for surface water to which this plan applies—flow; and\n- (ii) for underground water to which this plan applies—flow and pressure; and","sortOrder":26},{"sectionNumber":"pt.4","sectionType":"part","heading":"Measures for achieving water plan outcomes","content":"# Measures for achieving water plan outcomes","sortOrder":27},{"sectionNumber":"sec.25","sectionType":"section","heading":"General measures that contribute to achieving water plan outcomes","content":"### sec.25 General measures that contribute to achieving water plan outcomes\n\nMeasures that contribute to achieving the water plan outcomes stated in sections 20 (b) , 21 (1) (a) and (b) , 23 and 24 (1) (a) to (d) , (f) and (g) are—\nall water allocations are measured, as directed by the chief executive, by 31 December 2022; and\nall water licences to take underground water to which this plan applies in the following underground water units are measured, as directed by the chief executive, by 31 December 2025—\nthe Border Rivers Fractured Rock;\nthe Border Rivers Alluvium; and\nall relevant taking of overland flow water is measured, as directed by the chief executive, by 31 December 2022.\nA measure that contributes to achieving the water plan outcome stated in section 20 (b) is the annual publication, by the chief executive, of a water use report that includes information about compliance with the sustainable diversion limits.\nA measure that contributes to achieving the water plan outcomes stated in sections 20 (b) and 21 (1) (a) is the identification, by the chief executive by 30 June 2024, of works associated with the taking of water, declared to be overland flow water under section 7 , for purposes other than stock purposes or domestic purposes.\nA measure that contributes to achieving the water plan outcome stated in section 20 (c) is each determination of environmental share made by the chief executive is recorded and published at least annually.\nA measure that contributes to achieving the water plan outcome stated in section 21 (1) (e) is the granting, by the chief executive within 5 years of the commencement, of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan for the purpose of ‘any’, for achieving that water plan outcome.\nA measure that contributes to achieving the water plan outcomes stated in sections 20 to 24 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 1 July 2020.\nIn this section—\nenvironmental share means environmental share of water to which this plan applies under access arrangements for unsupplemented surface water in water sharing agreements and commitments between the State and New South Wales.\nrelevant taking , of overland flow water, means taking of overland flow water—\npermitted under section 39 (1) (a) or (c) ; and\nin any of the following water management area zones—\nthe Barwon zone;\nthe Callandoon zone;\nthe Lower Weir zone;\nthe Upper Weir zone;\nthe Macintyre zone;\nzone A in the Moonie water management area;\nzone B in the Moonie water management area;\nzone C in the Moonie water management area;\nzone D in the Moonie water management area.\n(sec.25-ssec.1) Measures that contribute to achieving the water plan outcomes stated in sections 20 (b) , 21 (1) (a) and (b) , 23 and 24 (1) (a) to (d) , (f) and (g) are— all water allocations are measured, as directed by the chief executive, by 31 December 2022; and all water licences to take underground water to which this plan applies in the following underground water units are measured, as directed by the chief executive, by 31 December 2025— the Border Rivers Fractured Rock; the Border Rivers Alluvium; and all relevant taking of overland flow water is measured, as directed by the chief executive, by 31 December 2022.\n(sec.25-ssec.2) A measure that contributes to achieving the water plan outcome stated in section 20 (b) is the annual publication, by the chief executive, of a water use report that includes information about compliance with the sustainable diversion limits.\n(sec.25-ssec.3) A measure that contributes to achieving the water plan outcomes stated in sections 20 (b) and 21 (1) (a) is the identification, by the chief executive by 30 June 2024, of works associated with the taking of water, declared to be overland flow water under section 7 , for purposes other than stock purposes or domestic purposes.\n(sec.25-ssec.4) A measure that contributes to achieving the water plan outcome stated in section 20 (c) is each determination of environmental share made by the chief executive is recorded and published at least annually.\n(sec.25-ssec.5) A measure that contributes to achieving the water plan outcome stated in section 21 (1) (e) is the granting, by the chief executive within 5 years of the commencement, of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan for the purpose of ‘any’, for achieving that water plan outcome.\n(sec.25-ssec.6) A measure that contributes to achieving the water plan outcomes stated in sections 20 to 24 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 1 July 2020.\n(sec.25-ssec.7) In this section— environmental share means environmental share of water to which this plan applies under access arrangements for unsupplemented surface water in water sharing agreements and commitments between the State and New South Wales. relevant taking , of overland flow water, means taking of overland flow water— permitted under section 39 (1) (a) or (c) ; and in any of the following water management area zones— the Barwon zone; the Callandoon zone; the Lower Weir zone; the Upper Weir zone; the Macintyre zone; zone A in the Moonie water management area; zone B in the Moonie water management area; zone C in the Moonie water management area; zone D in the Moonie water management area.\n- (a) all water allocations are measured, as directed by the chief executive, by 31 December 2022; and\n- (b) all water licences to take underground water to which this plan applies in the following underground water units are measured, as directed by the chief executive, by 31 December 2025— (i) the Border Rivers Fractured Rock; (ii) the Border Rivers Alluvium; and\n- (i) the Border Rivers Fractured Rock;\n- (ii) the Border Rivers Alluvium; and\n- (c) all relevant taking of overland flow water is measured, as directed by the chief executive, by 31 December 2022.\n- (i) the Border Rivers Fractured Rock;\n- (ii) the Border Rivers Alluvium; and\n- (a) permitted under section 39 (1) (a) or (c) ; and\n- (b) in any of the following water management area zones— (i) the Barwon zone; (ii) the Callandoon zone; (iii) the Lower Weir zone; (iv) the Upper Weir zone; (v) the Macintyre zone; (vi) zone A in the Moonie water management area; (vii) zone B in the Moonie water management area; (viii) zone C in the Moonie water management area; (ix) zone D in the Moonie water management area.\n- (i) the Barwon zone;\n- (ii) the Callandoon zone;\n- (iii) the Lower Weir zone;\n- (iv) the Upper Weir zone;\n- (v) the Macintyre zone;\n- (vi) zone A in the Moonie water management area;\n- (vii) zone B in the Moonie water management area;\n- (viii) zone C in the Moonie water management area;\n- (ix) zone D in the Moonie water management area.\n- (i) the Barwon zone;\n- (ii) the Callandoon zone;\n- (iii) the Lower Weir zone;\n- (iv) the Upper Weir zone;\n- (v) the Macintyre zone;\n- (vi) zone A in the Moonie water management area;\n- (vii) zone B in the Moonie water management area;\n- (viii) zone C in the Moonie water management area;\n- (ix) zone D in the Moonie water management area.","sortOrder":28},{"sectionNumber":"sec.26","sectionType":"section","heading":"Measures that contribute to achieving particular economic water plan outcomes","content":"### sec.26 Measures that contribute to achieving particular economic water plan outcomes\n\nMeasures that contribute to achieving the water plan outcome stated in section 21 (1) (c) are—\ninformation about the number, value and volume of water entitlement trades is collected and analysed; and\nopportunities to improve the effectiveness and efficiency of the market in tradeable water entitlements are analysed; and\nthe information and analysis mentioned in paragraphs (a) and (b) are published by the chief executive within 5 years of the commencement; and\nthe establishment by the chief executive, within 2 years of the commencement, of a process for the granting of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan, for achieving the water plan outcome mentioned in section 21 (1) (g) .\nSee section 43 for unallocated water reserved under this plan.\n- (a) information about the number, value and volume of water entitlement trades is collected and analysed; and\n- (b) opportunities to improve the effectiveness and efficiency of the market in tradeable water entitlements are analysed; and\n- (c) the information and analysis mentioned in paragraphs (a) and (b) are published by the chief executive within 5 years of the commencement; and\n- (d) the establishment by the chief executive, within 2 years of the commencement, of a process for the granting of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan, for achieving the water plan outcome mentioned in section 21 (1) (g) . Note— See section 43 for unallocated water reserved under this plan.","sortOrder":29},{"sectionNumber":"sec.27","sectionType":"section","heading":"Measure that contributes to achieving particular cultural water plan outcomes","content":"### sec.27 Measure that contributes to achieving particular cultural water plan outcomes\n\nA measure that contributes to achieving the water plan outcomes stated in sections 20 (e) (iii) and 23 is the publishing by the chief executive, within 5 years of the commencement, of a report on the flow requirements to support cultural values and uses, informed by engagement with Aboriginal people.","sortOrder":30},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objectives and performance indicators","content":"# Objectives and performance indicators","sortOrder":31},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Environmental flow objectives and performance indicators","content":"## Environmental flow objectives and performance indicators","sortOrder":32},{"sectionNumber":"sec.28","sectionType":"section","heading":"Environmental flow objectives and performance indicators for surface water— Act , s 43","content":"### sec.28 Environmental flow objectives and performance indicators for surface water— 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 7 , part 1 .\nThe performance indicators for the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 , part 1 .\n(sec.28-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 7 , part 1 .\n(sec.28-ssec.2) The performance indicators for the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 , part 1 .","sortOrder":33},{"sectionNumber":"sec.29","sectionType":"section","heading":"Environmental flow objectives and performance indicators for underground water— Act , s 43","content":"### sec.29 Environmental flow objectives and performance indicators for underground water— Act , s 43\n\nFor section 43 (1) (d) of the Act , the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 .\nThe performance indicators for the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 .\n(sec.29-ssec.1) For section 43 (1) (d) of the Act , the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 .\n(sec.29-ssec.2) The performance indicators for the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 .","sortOrder":34},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Water allocation security objectives and performance indicators","content":"## Water allocation security objectives and performance indicators","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Water allocation security objectives and performance indicators for surface water— Act , s 43","content":"### sec.30 Water allocation security objectives and performance indicators for surface water— Act , s 43\n\nFor section 43 (1) (e) (ii) of the Act , the water allocation security objectives for surface water to which this plan applies are that—\nthe performance ratio, for the high priority group, is not less than what the performance ratio for the group was immediately before the commencement; and\nthe performance ratio, for the medium priority group, is not less than what the performance ratio for the group was immediately before the commencement; and\nthe performance ratio, for each water allocation group mentioned in schedule 8 , column 3, is not less than 99% of what the performance ratio for the group was immediately before the commencement.\nThe performance indicators for the water allocation security objectives for surface water to which this plan applies are the performance ratios for each group of water allocations mentioned in subsection (1) .\nIn this section—\nhigh priority group means all water allocations that state they are in the ‘high priority group’.\nmedium priority group means all water allocations that state they are in the ‘medium priority group’.\n(sec.30-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objectives for surface water to which this plan applies are that— the performance ratio, for the high priority group, is not less than what the performance ratio for the group was immediately before the commencement; and the performance ratio, for the medium priority group, is not less than what the performance ratio for the group was immediately before the commencement; and the performance ratio, for each water allocation group mentioned in schedule 8 , column 3, is not less than 99% of what the performance ratio for the group was immediately before the commencement.\n(sec.30-ssec.2) The performance indicators for the water allocation security objectives for surface water to which this plan applies are the performance ratios for each group of water allocations mentioned in subsection (1) .\n(sec.30-ssec.3) In this section— high priority group means all water allocations that state they are in the ‘high priority group’. medium priority group means all water allocations that state they are in the ‘medium priority group’.\n- (a) the performance ratio, for the high priority group, is not less than what the performance ratio for the group was immediately before the commencement; and\n- (b) the performance ratio, for the medium priority group, is not less than what the performance ratio for the group was immediately before the commencement; and\n- (c) the performance ratio, for each water allocation group mentioned in schedule 8 , column 3, is not less than 99% of what the performance ratio for the group was immediately before the commencement.","sortOrder":36},{"sectionNumber":"sec.31","sectionType":"section","heading":"Water allocation security objective and performance indicator for underground water— Act , s 43","content":"### sec.31 Water allocation security objective and performance indicator for underground water— Act , s 43\n\nFor section 43 (1) (e) (ii) of the Act , the water allocation security objective for underground water to which this plan applies is that the annual announcement volume probability, for a water allocation group mentioned in schedule 9 , column 1, is at least the percentage stated for the group in schedule 9 , column 3.\nThe performance indicator for the water allocation security objective for underground water to which this plan applies is the annual announcement volume probability for each water allocation group mentioned in schedule 9 , column 1.\n(sec.31-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objective for underground water to which this plan applies is that the annual announcement volume probability, for a water allocation group mentioned in schedule 9 , column 1, is at least the percentage stated for the group in schedule 9 , column 3.\n(sec.31-ssec.2) The performance indicator for the water allocation security objective for underground water to which this plan applies is the annual announcement volume probability for each water allocation group mentioned in schedule 9 , column 1.","sortOrder":37},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Calculation of performance indicators","content":"## Calculation of performance indicators","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Calculation of performance indicators for surface water","content":"### sec.32 Calculation of performance indicators for surface water\n\nA performance indicator mentioned in section 28 or 30 must be calculated on the assumption that unallocated water reserved under this plan is being taken.\nSee section 43 for unallocated water reserved under this plan.\nSubsection (3) applies in relation to a decision made by the chief executive under chapter 2 of the Act —\nthat will result in the addition of a water allocation to, or the omission of a water allocation from, a priority group or a water allocation group; or\nto approve an application under section 159 of the Act to change a water allocation.\nIn assessing the consistency of the decision with the water allocation security objectives for surface water, the performance indicators mentioned in section 30 must be calculated on the assumption the water allocation being added, omitted or changed is not part of a priority group or a water allocation group.\n(sec.32-ssec.1) A performance indicator mentioned in section 28 or 30 must be calculated on the assumption that unallocated water reserved under this plan is being taken. See section 43 for unallocated water reserved under this plan.\n(sec.32-ssec.2) Subsection (3) applies in relation to a decision made by the chief executive under chapter 2 of the Act — that will result in the addition of a water allocation to, or the omission of a water allocation from, a priority group or a water allocation group; or to approve an application under section 159 of the Act to change a water allocation.\n(sec.32-ssec.3) In assessing the consistency of the decision with the water allocation security objectives for surface water, the performance indicators mentioned in section 30 must be calculated on the assumption the water allocation being added, omitted or changed is not part of a priority group or a water allocation group.\n- (a) that will result in the addition of a water allocation to, or the omission of a water allocation from, a priority group or a water allocation group; or\n- (b) to approve an application under section 159 of the Act to change a water allocation.","sortOrder":39},{"sectionNumber":"pt.6","sectionType":"part","heading":"Garden size and volume of water for watering","content":"# Garden size and volume of water for watering","sortOrder":40},{"sectionNumber":"sec.33","sectionType":"section","heading":"Garden size and volume of water for watering— Act , s 6","content":"### sec.33 Garden size and volume of water for watering— Act , s 6\n\nFor section 6 (3) (a) of the Act , a combined garden size of 0.25ha is stated for this plan.\nFor section 6 (3) (b) of the Act , the volume of water that is sufficient to water a garden, with a combined size not exceeding 0.25ha, in the plan area is 2ML a year.\n(sec.33-ssec.1) For section 6 (3) (a) of the Act , a combined garden size of 0.25ha is stated for this plan.\n(sec.33-ssec.2) For section 6 (3) (b) of the Act , the volume of water that is sufficient to water a garden, with a combined size not exceeding 0.25ha, in the plan area is 2ML a year.","sortOrder":41},{"sectionNumber":"pt.7","sectionType":"part","heading":"Particular decisions about allocation or management of water","content":"# Particular decisions about allocation or management of water","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definition for part","content":"### sec.34 Definition for part\n\nIn this part—\ndecision means a 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.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Decisions must not increase amount of water taken","content":"### sec.35 Decisions must not increase amount of water taken\n\nA decision must not increase—\nthe average volume of surface water or underground water that may be taken under this plan; or\nthe combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply.\nSubsection (1) does not apply to a decision about—\nthe reinstatement of a water licence; or\ntaking unallocated water reserved under this plan; or\nSee section 43 for unallocated water reserved under this plan.\ntaking or interfering with underground water to which this plan applies that is not in an underground water unit.\n(sec.35-ssec.1) A decision must not increase— the average volume of surface water or underground water that may be taken under this plan; or the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply.\n(sec.35-ssec.2) Subsection (1) does not apply to a decision about— the reinstatement of a water licence; or taking unallocated water reserved under this plan; or See section 43 for unallocated water reserved under this plan. taking or interfering with underground water to which this plan applies that is not in an underground water unit.\n- (a) the average volume of surface water or underground water that may be taken under this plan; or\n- (b) the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply.\n- (a) the reinstatement of a water licence; or\n- (b) taking unallocated water reserved under this plan; or Note— See section 43 for unallocated water reserved under this plan.\n- (c) taking or interfering with underground water to which this plan applies that is not in an underground water unit.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Particular decisions must be consistent with particular objectives","content":"### sec.36 Particular decisions must be consistent with particular objectives\n\nA decision must be consistent with—\nfor a decision about the allocation or management of surface water to which this plan applies—\nthe environmental flow objectives stated in section 28 (1) ; and\nthe water allocation security objectives stated in section 30 (1) ; or\nfor a decision about the allocation or management of underground water to which this plan applies—\nthe environmental flow objectives stated in section 29 (1) ; and\nthe water allocation security objective stated in section 31 (1) .\n- (a) for a decision about the allocation or management of surface water to which this plan applies— (i) the environmental flow objectives stated in section 28 (1) ; and (ii) the water allocation security objectives stated in section 30 (1) ; or\n- (i) the environmental flow objectives stated in section 28 (1) ; and\n- (ii) the water allocation security objectives stated in section 30 (1) ; or\n- (b) for a decision about the allocation or management of underground water to which this plan applies— (i) the environmental flow objectives stated in section 29 (1) ; and (ii) the water allocation security objective stated in section 31 (1) .\n- (i) the environmental flow objectives stated in section 29 (1) ; and\n- (ii) the water allocation security objective stated in section 31 (1) .\n- (i) the environmental flow objectives stated in section 28 (1) ; and\n- (ii) the water allocation security objectives stated in section 30 (1) ; or\n- (i) the environmental flow objectives stated in section 29 (1) ; and\n- (ii) the water allocation security objective stated in section 31 (1) .","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Assessing consistency with particular objectives","content":"### sec.37 Assessing consistency with particular objectives\n\nTo assess the consistency of a decision with the environmental flow objectives for surface water or underground water to which this plan applies, or with the water allocation security objectives for surface water to which this plan applies, the model computer program’s simulation for the simulation period must be used.\nTo assess the consistency of a decision with the water allocation security objective for underground water to which this plan applies, the Border Rivers Alluvium (deep) decision support tool must be used.\nIf it is not practicable to use the model computer program’s simulation, or the Border Rivers Alluvium (deep) decision support tool, another kind of assessment approved by the chief executive may be used.\nIn this section—\nmodel computer program means—\nthe eWater Source computer program; or\nthe MODFLOW computer program; or\nthe statistical analysis and reporting programs associated with a computer program mentioned in paragraph (a) or (b) .\n(sec.37-ssec.1) To assess the consistency of a decision with the environmental flow objectives for surface water or underground water to which this plan applies, or with the water allocation security objectives for surface water to which this plan applies, the model computer program’s simulation for the simulation period must be used.\n(sec.37-ssec.2) To assess the consistency of a decision with the water allocation security objective for underground water to which this plan applies, the Border Rivers Alluvium (deep) decision support tool must be used.\n(sec.37-ssec.3) If it is not practicable to use the model computer program’s simulation, or the Border Rivers Alluvium (deep) decision support tool, another kind of assessment approved by the chief executive may be used.\n(sec.37-ssec.4) In this section— model computer program means— the eWater Source computer program; or the MODFLOW computer program; or the statistical analysis and reporting programs associated with a computer program mentioned in paragraph (a) or (b) .\n- (a) the eWater Source computer program; or\n- (b) the MODFLOW computer program; or\n- (c) the statistical analysis and reporting programs associated with a computer program mentioned in paragraph (a) or (b) .","sortOrder":46},{"sectionNumber":"pt.8","sectionType":"part","heading":"Limitations on taking or interfering with water","content":"# Limitations on taking or interfering with water","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Limitations on taking water for particular activities— Act , s 101","content":"### sec.38 Limitations on taking water for particular activities— Act , s 101\n\nFor section 101 (1) of the Act —\nthe combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and\na person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works.\nSubsection (1) (b) does not apply to underground water to which this plan applies taken from the following underground water units—\nthe St George Alluvium (shallow);\nthe sediments above the Great Artesian Basin;\nthe Queensland Murray-Darling Basin deep.\nIn this section—\nexisting works means works—\nthat are used, or capable of being used, to take or interfere with water; and\nto which 1 of the following applies—\nthe works were constructed before the commencement;\nfor works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ;\nfor works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .\n(sec.38-ssec.1) For section 101 (1) of the Act — the combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and a person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works.\n(sec.38-ssec.2) Subsection (1) (b) does not apply to underground water to which this plan applies taken from the following underground water units— the St George Alluvium (shallow); the sediments above the Great Artesian Basin; the Queensland Murray-Darling Basin deep.\n(sec.38-ssec.3) In this section— existing works means works— that are used, or capable of being used, to take or interfere with water; and to which 1 of the following applies— the works were constructed before the commencement; for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ; for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .\n- (a) the combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and\n- (b) a person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works.\n- (a) the St George Alluvium (shallow);\n- (b) the sediments above the Great Artesian Basin;\n- (c) the Queensland Murray-Darling Basin deep.\n- (a) that are used, or capable of being used, to take or interfere with water; and\n- (b) to which 1 of the following applies— (i) the works were constructed before the commencement; (ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ; (iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .\n- (i) the works were constructed before the commencement;\n- (ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ;\n- (iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .\n- (i) the works were constructed before the commencement;\n- (ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ;\n- (iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Limitations on taking overland flow water— Act , s 101","content":"### sec.39 Limitations on taking overland flow water— Act , s 101\n\nFor section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless the water—\nis taken under a water entitlement or water permit; or\nis taken for stock purposes or domestic purposes; or\nis taken using—\nexisting overland flow works located in the Granite Belt underground water sub-area; or\nnotified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.\nSee also section 101 (3) of the Act for when a person cannot be prevented from taking overland flow water that is contaminated agricultural run-off.\nHowever, subsection (1) (c) does not apply to the person if the person holds a water licence to take the overland flow water using the works.\n(sec.39-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless the water— is taken under a water entitlement or water permit; or is taken for stock purposes or domestic purposes; or is taken using— existing overland flow works located in the Granite Belt underground water sub-area; or notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area. See also section 101 (3) of the Act for when a person cannot be prevented from taking overland flow water that is contaminated agricultural run-off.\n(sec.39-ssec.2) However, subsection (1) (c) does not apply to the person if the person holds a water licence to take the overland flow water using the works.\n- (a) is taken under a water entitlement or water permit; or\n- (b) is taken for stock purposes or domestic purposes; or\n- (c) is taken using— (i) existing overland flow works located in the Granite Belt underground water sub-area; or (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.\n- (i) existing overland flow works located in the Granite Belt underground water sub-area; or\n- (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.\n- (i) existing overland flow works located in the Granite Belt underground water sub-area; or\n- (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Limitations on taking or interfering with underground water in underground water management area— Act , s 101","content":"### sec.40 Limitations on taking or interfering with underground water in underground water management area— Act , s 101\n\nFor section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with—\nunder a water entitlement or water permit; or\nunder a seasonal water assignment notice; or\nfor stock purposes or domestic purposes; or\nfor relevant underground water—using existing underground water works.\nSubsection (1) (c) is subject to section 41 .\nIn this section—\nexisting underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if—\nfor underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area—\nthe works were constructed before 6 July 2016; or\notherwise—\nconstruction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and\nthe chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or\nThe Border Rivers Fractured Rock is an underground water unit.\nfor underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or\nThe Queensland Murray-Darling Basin deep is an underground water unit.\nthe works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) .\nrelevant underground water means underground water to which this plan applies from—\nthe Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or\nthe Queensland Murray-Darling Basin deep.\nThe Border Rivers Fractured Rock and the Queensland Murray-Darling Basin deep are underground water units.\n(sec.40-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with— under a water entitlement or water permit; or under a seasonal water assignment notice; or for stock purposes or domestic purposes; or for relevant underground water—using existing underground water works.\n(sec.40-ssec.2) Subsection (1) (c) is subject to section 41 .\n(sec.40-ssec.3) In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— for underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area— the works were constructed before 6 July 2016; or otherwise— construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or The Border Rivers Fractured Rock is an underground water unit. for underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or The Queensland Murray-Darling Basin deep is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) . relevant underground water means underground water to which this plan applies from— the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or the Queensland Murray-Darling Basin deep. The Border Rivers Fractured Rock and the Queensland Murray-Darling Basin deep are underground water units.\n- (a) under a water entitlement or water permit; or\n- (b) under a seasonal water assignment notice; or\n- (c) for stock purposes or domestic purposes; or\n- (d) for relevant underground water—using existing underground water works.\n- (a) for underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area— (i) the works were constructed before 6 July 2016; or (ii) otherwise— (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or Note— The Border Rivers Fractured Rock is an underground water unit.\n- (i) the works were constructed before 6 July 2016; or\n- (ii) otherwise— (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or\n- (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and\n- (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or\n- (b) for underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or Note— The Queensland Murray-Darling Basin deep is an underground water unit.\n- (c) the works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) .\n- (i) the works were constructed before 6 July 2016; or\n- (ii) otherwise— (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or\n- (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and\n- (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or\n- (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and\n- (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or\n- (a) the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or\n- (b) the Queensland Murray-Darling Basin deep.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Taking or interfering with underground water from land in service area for stock purposes or domestic purposes","content":"### sec.41 Taking or interfering with underground water from land in service area for stock purposes or domestic purposes\n\nThis section applies to underground water to which this plan applies if the water is—\ntaken or interfered with, for stock purposes or domestic purposes, on land in a service area; and\ntaken from either of the following underground water units—\nthe Border Rivers Alluvium;\nthe Border Rivers Fractured Rock.\nThe water may only be taken or interfered with using existing underground water works.\nIn this section—\nexisting underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if—\nthe works were—\nused, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and\nfor works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium—\nconstructed before 19 December 2014; or\nconstructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and\nThe Border Rivers Alluvium is an underground water unit.\nthe works are a replacement water bore that replaces works mentioned in paragraph (a) .\nservice area means a service area for a retail water service to customers under the Water Supply (Safety and Reliability) Act 2008 .\n(sec.41-ssec.1) This section applies to underground water to which this plan applies if the water is— taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and taken from either of the following underground water units— the Border Rivers Alluvium; the Border Rivers Fractured Rock.\n(sec.41-ssec.2) The water may only be taken or interfered with using existing underground water works.\n(sec.41-ssec.3) In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— the works were— used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— constructed before 19 December 2014; or constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and The Border Rivers Alluvium is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) . service area means a service area for a retail water service to customers under the Water Supply (Safety and Reliability) Act 2008 .\n- (a) taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and\n- (b) taken from either of the following underground water units— (i) the Border Rivers Alluvium; (ii) the Border Rivers Fractured Rock.\n- (i) the Border Rivers Alluvium;\n- (ii) the Border Rivers Fractured Rock.\n- (i) the Border Rivers Alluvium;\n- (ii) the Border Rivers Fractured Rock.\n- (a) the works were— (i) used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and (ii) for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— (A) constructed before 19 December 2014; or (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and Note— The Border Rivers Alluvium is an underground water unit.\n- (i) used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and\n- (ii) for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— (A) constructed before 19 December 2014; or (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and Note— The Border Rivers Alluvium is an underground water unit.\n- (A) constructed before 19 December 2014; or\n- (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and\n- (b) the works are a replacement water bore that replaces works mentioned in paragraph (a) .\n- (i) used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and\n- (ii) for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— (A) constructed before 19 December 2014; or (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and Note— The Border Rivers Alluvium is an underground water unit.\n- (A) constructed before 19 December 2014; or\n- (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and\n- (A) constructed before 19 December 2014; or\n- (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Volume of limited capacity for contaminated agricultural run-off","content":"### sec.42 Volume of limited capacity for contaminated agricultural run-off\n\nFor State code 10 of the State development assessment provisions, the volume of the limited capacity of contaminated agricultural run-off to which this plan applies is 1ML.\nIn this section—\nState development assessment provisions see the Planning Regulation 2017 , schedule 24 .\n(sec.42-ssec.1) For State code 10 of the State development assessment provisions, the volume of the limited capacity of contaminated agricultural run-off to which this plan applies is 1ML.\n(sec.42-ssec.2) In this section— State development assessment provisions see the Planning Regulation 2017 , schedule 24 .","sortOrder":52},{"sectionNumber":"pt.9","sectionType":"part","heading":"Unallocated water","content":"# Unallocated water","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Unallocated water reserved under this plan— Act , s 43","content":"### sec.43 Unallocated water reserved under this plan— Act , s 43\n\nFor section 43 (1) (c) of the Act , the volume of unallocated water reserved under this plan is—\nfor surface water to which this plan applies in a water management area mentioned in schedule 10 , part 1 , column 1—the average annual volume of water stated in schedule 10 , part 1 , column 2 for the area; and\nfor underground water to which this plan applies in an underground water unit mentioned in schedule 10 , part 2 , column 2—the annual volume of water stated in schedule 10 , part 2 , column 3 for the underground water unit.\n- (a) for surface water to which this plan applies in a water management area mentioned in schedule 10 , part 1 , column 1—the average annual volume of water stated in schedule 10 , part 1 , column 2 for the area; and\n- (b) for underground water to which this plan applies in an underground water unit mentioned in schedule 10 , part 2 , column 2—the annual volume of water stated in schedule 10 , part 2 , column 3 for the underground water unit.","sortOrder":54},{"sectionNumber":"pt.10","sectionType":"part","heading":"Water licences","content":"# Water licences","sortOrder":55},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Applications that must not be accepted","content":"## Applications that must not be accepted","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Chief executive must not accept particular applications— Act , s 43","content":"### sec.44 Chief executive must not accept particular applications— Act , s 43\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 the chief executive is permitted to accept the application under section 45 or 46 .","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Particular applications made by local governments","content":"### sec.45 Particular applications made by local governments\n\nThis section applies in relation to an application made by a local government under section 107 of the Act for a water licence to interfere with the flow of water to which this plan applies.\nThe chief executive may accept the application if—\nthe purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and\neither—\nthe local government has made a relevant change application to the chief executive; or\nthe chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\nIf the chief executive grants the application mentioned in subsection (1) , the water licence must include the conditions stated in the water management protocol for the licence.\nIn this section—\nrelevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (a) —\nto prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and\nto remove a condition stating a flow threshold for taking water; and\nto ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken.\n(sec.45-ssec.1) This section applies in relation to an application made by a local government under section 107 of the Act for a water licence to interfere with the flow of water to which this plan applies.\n(sec.45-ssec.2) The chief executive may accept the application if— the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n(sec.45-ssec.3) If the chief executive grants the application mentioned in subsection (1) , the water licence must include the conditions stated in the water management protocol for the licence.\n(sec.45-ssec.4) In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (a) — to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken.\n- (a) the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and\n- (b) either— (i) the local government has made a relevant change application to the chief executive; or (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n- (i) the local government has made a relevant change application to the chief executive; or\n- (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n- (i) the local government has made a relevant change application to the chief executive; or\n- (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n- (a) to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and\n- (b) to remove a condition stating a flow threshold for taking water; and\n- (c) to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Applications for water licences to take overland flow water using particular existing overland flow works","content":"### sec.46 Applications for water licences to take overland flow water using particular existing overland flow works\n\nThis section applies if—\nthe owner of land, on which works used to take overland flow water are situated, applies under section 107 of the Act for a water licence to take overland flow water to which this plan applies using the works; and\nthe works are located in the plan area, other than in the Granite Belt underground water sub-area.\nThe chief executive may accept the application if the chief executive is reasonably satisfied—\nthe works are existing overland flow works; and\nfor works other than notified existing overland flow works—the works were used to take overland flow water, other than for stock purposes or domestic purposes, before—\nfor works in the Border Rivers catchment—20 September 2000; or\nfor works in the Moonie catchment—9 June 2001.\nSee also section 39 (1) (c) for when a person may take overland flow water using existing overland flow works.\n(sec.46-ssec.1) This section applies if— the owner of land, on which works used to take overland flow water are situated, applies under section 107 of the Act for a water licence to take overland flow water to which this plan applies using the works; and the works are located in the plan area, other than in the Granite Belt underground water sub-area.\n(sec.46-ssec.2) The chief executive may accept the application if the chief executive is reasonably satisfied— the works are existing overland flow works; and for works other than notified existing overland flow works—the works were used to take overland flow water, other than for stock purposes or domestic purposes, before— for works in the Border Rivers catchment—20 September 2000; or for works in the Moonie catchment—9 June 2001.\n- (a) the owner of land, on which works used to take overland flow water are situated, applies under section 107 of the Act for a water licence to take overland flow water to which this plan applies using the works; and\n- (b) the works are located in the plan area, other than in the Granite Belt underground water sub-area.\n- (a) the works are existing overland flow works; and\n- (b) for works other than notified existing overland flow works—the works were used to take overland flow water, other than for stock purposes or domestic purposes, before— (i) for works in the Border Rivers catchment—20 September 2000; or (ii) for works in the Moonie catchment—9 June 2001.\n- (i) for works in the Border Rivers catchment—20 September 2000; or\n- (ii) for works in the Moonie catchment—9 June 2001.\n- (i) for works in the Border Rivers catchment—20 September 2000; or\n- (ii) for works in the Moonie catchment—9 June 2001.","sortOrder":59},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Applications inconsistent with this plan","content":"## Applications inconsistent with this plan","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Particular applications for dealing with water licences inconsistent with this plan","content":"### sec.47 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 in relation to water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) of the Act .\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 made by a local government to allow for increased interference with the flow of water to which this plan applies; and\nthe purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and\neither—\nthe local government has made a relevant change application to the chief executive; or\nthe chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\nSee section 130 of the Act for how an application mentioned in this subsection must be assessed.\nAlso, subsection (1) does not apply if the application is—\nan application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or\nan application to amalgamate water licences to take underground water.\nIf the chief executive grants an application to which subsection (2) applies, the water licence to which the dealing relates must include the conditions stated in the water management protocol for the licence.\nIn this section—\nrelevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (b) —\nto prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and\nto remove a condition stating a flow threshold for taking water; and\nto ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken.\ns 47 amd 2023 Act No. 24 s 75 s ch 1 pt 1\n(sec.47-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 the application is an application mentioned in section 130 (1) (a) of the Act . 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.47-ssec.2) However, subsection (1) does not apply to the application if— the application is made by a local government to allow for increased interference with the flow of water to which this plan applies; and the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . See section 130 of the Act for how an application mentioned in this subsection must be assessed.\n(sec.47-ssec.3) Also, subsection (1) does not apply if the application is— an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or an application to amalgamate water licences to take underground water.\n(sec.47-ssec.4) If the chief executive grants an application to which subsection (2) applies, the water licence to which the dealing relates must include the conditions stated in the water management protocol for the licence.\n(sec.47-ssec.5) In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (b) — to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken.\n- (a) the application is made by a local government to allow for increased interference with the flow of water to which this plan applies; and\n- (b) the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and\n- (c) either— (i) the local government has made a relevant change application to the chief executive; or (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n- (i) the local government has made a relevant change application to the chief executive; or\n- (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n- (i) the local government has made a relevant change application to the chief executive; or\n- (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .\n- (a) an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or\n- (b) an application to amalgamate water licences to take underground water.\n- (a) to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and\n- (b) to remove a condition stating a flow threshold for taking water; and\n- (c) to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken.","sortOrder":61},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Granting particular water licences","content":"## Granting particular water licences","sortOrder":62},{"sectionNumber":"sec.48","sectionType":"section","heading":"Water licences granted to authorise particular existing activities— Act , s 116","content":"### sec.48 Water licences granted to authorise particular existing activities— Act , s 116\n\nThis section applies if a water entitlement notice for this plan provides for the granting of a water licence to interfere with the flow of water to which this plan applies for the purpose of impounding water using works mentioned in schedule 11 .\nFor section 116 (1) of the Act , the chief executive must decide to grant the water licence.\nSee also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n(sec.48-ssec.1) This section applies if a water entitlement notice for this plan provides for the granting of a water licence to interfere with the flow of water to which this plan applies for the purpose of impounding water using works mentioned in schedule 11 .\n(sec.48-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .","sortOrder":63},{"sectionNumber":"sec.49","sectionType":"section","heading":"Water licence granted to replace existing authority— Act , s 116","content":"### sec.49 Water licence granted to replace existing authority— Act , s 116\n\nThis section applies if a water entitlement notice for this plan provides for the granting of a water licence to—\ntake underground water to which this plan applies; and\nreplace water permit number 615657.\nFor section 116 (1) of the Act , the chief executive must decide to grant the water licence.\nSee also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n(sec.49-ssec.1) This section applies if a water entitlement notice for this plan provides for the granting of a water licence to— take underground water to which this plan applies; and replace water permit number 615657.\n(sec.49-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n- (a) take underground water to which this plan applies; and\n- (b) replace water permit number 615657.","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.50 Definitions for subdivision\n\nIn this subdivision—\nancillary water licence see section 51 (1) (d) .\nimpounded water see section 51 (1) (a) .\nlicence to interfere means a water licence stated in schedule 12 , column 1.","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Grant of ancillary water licences to particular persons— Act , s 116","content":"### sec.51 Grant of ancillary water licences to particular persons— Act , s 116\n\nThis section applies if—\nwater ( impounded water ) to which this plan applies is impounded under a licence to interfere; and\nan existing authorisation, stated in schedule 12 , column 2 opposite the licence to interfere, is converted, under section 72 , to a converted water allocation that is subject to the conditions mentioned in section 75 (2) (b) ; and\nbefore it was converted, the existing authorisation authorised the taking of some or all of the impounded water; and\na water entitlement notice for this plan provides for the granting of a water licence (an ancillary water licence ) to take the impounded water to the holder of the converted water allocation.\nFor section 116 (1) of the Act , the chief executive must decide to grant the ancillary water licence.\nSee also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n(sec.51-ssec.1) This section applies if— water ( impounded water ) to which this plan applies is impounded under a licence to interfere; and an existing authorisation, stated in schedule 12 , column 2 opposite the licence to interfere, is converted, under section 72 , to a converted water allocation that is subject to the conditions mentioned in section 75 (2) (b) ; and before it was converted, the existing authorisation authorised the taking of some or all of the impounded water; and a water entitlement notice for this plan provides for the granting of a water licence (an ancillary water licence ) to take the impounded water to the holder of the converted water allocation.\n(sec.51-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the ancillary water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n- (a) water ( impounded water ) to which this plan applies is impounded under a licence to interfere; and\n- (b) an existing authorisation, stated in schedule 12 , column 2 opposite the licence to interfere, is converted, under section 72 , to a converted water allocation that is subject to the conditions mentioned in section 75 (2) (b) ; and\n- (c) before it was converted, the existing authorisation authorised the taking of some or all of the impounded water; and\n- (d) a water entitlement notice for this plan provides for the granting of a water licence (an ancillary water licence ) to take the impounded water to the holder of the converted water allocation.","sortOrder":66},{"sectionNumber":"sec.52","sectionType":"section","heading":"Content and conditions of ancillary water licence","content":"### sec.52 Content and conditions of ancillary water licence\n\nThe ancillary water licence must—\nstate—\nthe purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and\nthe maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and\nthe volumetric limit for the ancillary water licence; and\nbe subject to—\na condition that impounded water taken under the ancillary water licence must not be stored; and\na condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.\n- (a) state— (i) the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and (ii) the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and (iii) the volumetric limit for the ancillary water licence; and\n- (i) the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and\n- (ii) the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and\n- (iii) the volumetric limit for the ancillary water licence; and\n- (b) be subject to— (i) a condition that impounded water taken under the ancillary water licence must not be stored; and (ii) a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.\n- (i) a condition that impounded water taken under the ancillary water licence must not be stored; and\n- (ii) a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.\n- (i) the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and\n- (ii) the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and\n- (iii) the volumetric limit for the ancillary water licence; and\n- (i) a condition that impounded water taken under the ancillary water licence must not be stored; and\n- (ii) a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.","sortOrder":67},{"sectionNumber":"sec.53","sectionType":"section","heading":"Working out maximum rate","content":"### sec.53 Working out maximum rate\n\nThis section applies for working out, for section 52 (a) (ii) , the maximum rate at which impounded water may be taken under the ancillary water licence.\nThe maximum rate is—\nsubject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or\nsubject to paragraph (c) , if a development permit related to the existing authorisation states a pump size—\nfor a stated pump size of 32mm—0.5ML a day; or\nfor a stated pump size of 125mm—7.3ML a day; or\nfor a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or\notherwise—the rate decided by the chief executive having regard to—\nthe rates stated in subparagraphs (i) and (ii) ; and\nthe rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\nif paragraphs (a) and (b) both apply—the lesser of the following rates—\nthe rate decided under paragraph (a) ;\nthe rate decided under paragraph (b) ; or\notherwise—the rate worked out by the chief executive having regard to—\nthe purpose stated in any existing authorisation that was previously held by the licensee; and\nthe rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .\n(sec.53-ssec.1) This section applies for working out, for section 52 (a) (ii) , the maximum rate at which impounded water may be taken under the ancillary water licence.\n(sec.53-ssec.2) The maximum rate is— subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or if paragraphs (a) and (b) both apply—the lesser of the following rates— the rate decided under paragraph (a) ; the rate decided under paragraph (b) ; or otherwise—the rate worked out by the chief executive having regard to— the purpose stated in any existing authorisation that was previously held by the licensee; and the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .\n- (a) subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or\n- (b) subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— (i) for a stated pump size of 32mm—0.5ML a day; or (ii) for a stated pump size of 125mm—7.3ML a day; or (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (i) for a stated pump size of 32mm—0.5ML a day; or\n- (ii) for a stated pump size of 125mm—7.3ML a day; or\n- (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or\n- (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (A) the rates stated in subparagraphs (i) and (ii) ; and\n- (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (c) if paragraphs (a) and (b) both apply—the lesser of the following rates— (i) the rate decided under paragraph (a) ; (ii) the rate decided under paragraph (b) ; or\n- (i) the rate decided under paragraph (a) ;\n- (ii) the rate decided under paragraph (b) ; or\n- (d) otherwise—the rate worked out by the chief executive having regard to— (i) the purpose stated in any existing authorisation that was previously held by the licensee; and (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .\n- (i) the purpose stated in any existing authorisation that was previously held by the licensee; and\n- (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .\n- (i) for a stated pump size of 32mm—0.5ML a day; or\n- (ii) for a stated pump size of 125mm—7.3ML a day; or\n- (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or\n- (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (A) the rates stated in subparagraphs (i) and (ii) ; and\n- (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (A) the rates stated in subparagraphs (i) and (ii) ; and\n- (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (i) the rate decided under paragraph (a) ;\n- (ii) the rate decided under paragraph (b) ; or\n- (i) the purpose stated in any existing authorisation that was previously held by the licensee; and\n- (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .","sortOrder":68},{"sectionNumber":"sec.54","sectionType":"section","heading":"Volumetric limit","content":"### sec.54 Volumetric limit\n\nFor section 52 (a) (iii) , the volumetric limit for the ancillary water licence is the volumetric limit stated in schedule 12 , column 3 opposite the existing authorisation.","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Authority of ancillary water licence","content":"### sec.55 Authority of ancillary water licence\n\nTo remove any doubt, the authority to take water under the ancillary water licence is in addition to, and does not affect, the authority of the holder of the converted water allocation to take water under the allocation.","sortOrder":70},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Water licences to take overland flow water","content":"## Water licences to take overland flow water","sortOrder":71},{"sectionNumber":"sec.56","sectionType":"section","heading":"Content and conditions of water licences to take overland flow water","content":"### sec.56 Content and conditions of water licences to take overland flow water\n\nA water licence to take overland flow water to which this plan applies must—\nstate the purpose for which the water may be taken as ‘any’; and\ninclude at least 1 of the following—\nthe maximum rate at which the water may be taken under the water licence;\nthe maximum storage capacity of works that may be used to store the water taken under the water licence;\nthe average annual volume of water that may be taken under the water licence;\nthe volumetric limit for the water licence.\nThe water licence may also include the following conditions—\na limit on the volume of the water that may be taken in a stated period;\na limit on the volume of the water that may be stored.\n(sec.56-ssec.1) A water licence to take overland flow water to which this plan applies must— state the purpose for which the water may be taken as ‘any’; and include at least 1 of the following— the maximum rate at which the water may be taken under the water licence; the maximum storage capacity of works that may be used to store the water taken under the water licence; the average annual volume of water that may be taken under the water licence; the volumetric limit for the water licence.\n(sec.56-ssec.2) The water licence may also include the following conditions— a limit on the volume of the water that may be taken in a stated period; a limit on the volume of the water that may be stored.\n- (a) state the purpose for which the water may be taken as ‘any’; and\n- (b) include at least 1 of the following— (i) the maximum rate at which the water may be taken under the water licence; (ii) the maximum storage capacity of works that may be used to store the water taken under the water licence; (iii) the average annual volume of water that may be taken under the water licence; (iv) the volumetric limit for the water licence.\n- (i) the maximum rate at which the water may be taken under the water licence;\n- (ii) the maximum storage capacity of works that may be used to store the water taken under the water licence;\n- (iii) the average annual volume of water that may be taken under the water licence;\n- (iv) the volumetric limit for the water licence.\n- (i) the maximum rate at which the water may be taken under the water licence;\n- (ii) the maximum storage capacity of works that may be used to store the water taken under the water licence;\n- (iii) the average annual volume of water that may be taken under the water licence;\n- (iv) the volumetric limit for the water licence.\n- (a) a limit on the volume of the water that may be taken in a stated period;\n- (b) a limit on the volume of the water that may be stored.","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Working out maximum rate","content":"### sec.57 Working out maximum rate\n\nThis section applies for working out, for section 56 (1) (b) (i) , the maximum rate at which overland flow water may be taken.\nThe chief executive—\nif a certified report for the works that will be used to take the overland flow water has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and\nmay have regard to any other relevant information available to the chief executive.\nIf the chief executive works out the maximum rate having regard to the size of the pump that will be used to take the overland flow water, the maximum rate must not be greater than the rate stated in the Water Regulation 2016 , schedule 7 , column 3 for the pump size stated opposite in schedule 7 , column 1 of that regulation.\n(sec.57-ssec.1) This section applies for working out, for section 56 (1) (b) (i) , the maximum rate at which overland flow water may be taken.\n(sec.57-ssec.2) The chief executive— if a certified report for the works that will be used to take the overland flow water has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and may have regard to any other relevant information available to the chief executive.\n(sec.57-ssec.3) If the chief executive works out the maximum rate having regard to the size of the pump that will be used to take the overland flow water, the maximum rate must not be greater than the rate stated in the Water Regulation 2016 , schedule 7 , column 3 for the pump size stated opposite in schedule 7 , column 1 of that regulation.\n- (a) if a certified report for the works that will be used to take the overland flow water has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and\n- (b) may have regard to any other relevant information available to the chief executive.","sortOrder":73},{"sectionNumber":"sec.58","sectionType":"section","heading":"Working out maximum storage capacity","content":"### sec.58 Working out maximum storage capacity\n\nThis section applies for working out, for section 56 (1) (b) (ii) , the maximum storage capacity of works that may be used to store overland flow water.\nThe chief executive—\nif a certified report for the works has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and\nmay have regard to any other relevant information available to the chief executive.\nHowever, the chief executive must disregard the storage capacity of—\nbunded land; or\nland used for irrigated or dryland agriculture; or\nland surrounded by levees.\nSee section 39 (1) (c) for when a person may take overland flow water using existing overland flow works.\nIn this section—\nbunded land means land on which a permanent or temporary levee is constructed to divert overland flow water away from land used for agricultural or horticultural production.\n(sec.58-ssec.1) This section applies for working out, for section 56 (1) (b) (ii) , the maximum storage capacity of works that may be used to store overland flow water.\n(sec.58-ssec.2) The chief executive— if a certified report for the works has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and may have regard to any other relevant information available to the chief executive.\n(sec.58-ssec.3) However, the chief executive must disregard the storage capacity of— bunded land; or land used for irrigated or dryland agriculture; or land surrounded by levees. See section 39 (1) (c) for when a person may take overland flow water using existing overland flow works.\n(sec.58-ssec.4) In this section— bunded land means land on which a permanent or temporary levee is constructed to divert overland flow water away from land used for agricultural or horticultural production.\n- (a) if a certified report for the works has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and\n- (b) may have regard to any other relevant information available to the chief executive.\n- (a) bunded land; or\n- (b) land used for irrigated or dryland agriculture; or\n- (c) land surrounded by levees.","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Working out average annual volume","content":"### sec.59 Working out average annual volume\n\nThis section applies for working out, for section 56 (1) (b) (iii) , the average annual volume of overland flow water that may be taken.\nThe chief executive must have regard to—\nthe catchment characteristics for the water’s catchment; and\nthe maximum rate, if any, worked out under section 57 , at which the overland flow water may be taken; and\nthe maximum storage capacity, if any, worked out under section 58 , of the works that may be used to store the water; and\nif overland flow water taken under the water licence is to be used to irrigate crops—the pattern of usage demand for the storage for the water licence; and\nthe extent to which the storage for the water licence may also be used to store water taken under another authorisation; and\nthe other conditions applying to the water licence.\nIn this section—\ncatchment characteristics , for a catchment, means the characteristics of the catchment that affect the volume of overland flow water in the catchment, including, for example—\nthe area of the catchment; and\nthe slope of the catchment; and\nthe amount of rainfall that typically falls in the catchment; and\nthe amount and type of vegetation in the catchment.\npattern of usage demand , for a storage, means the pattern of usage from the storage worked out having regard to—\nhow water, stored in or by the storage, is used to grow crops; and\nthe planting rule for the trading zone in which the storage is located.\nplanting rule , for a trading zone, means the method used, in the IQQM computer program simulation, to work out the area under crops in the trading zone in the Border Rivers catchment.\nstorage , for a water licence, means the works that will primarily be used to store the overland flow water taken under the water licence.\ntrading zone means an area stated to be a trading zone for water allocations under this plan.\n(sec.59-ssec.1) This section applies for working out, for section 56 (1) (b) (iii) , the average annual volume of overland flow water that may be taken.\n(sec.59-ssec.2) The chief executive must have regard to— the catchment characteristics for the water’s catchment; and the maximum rate, if any, worked out under section 57 , at which the overland flow water may be taken; and the maximum storage capacity, if any, worked out under section 58 , of the works that may be used to store the water; and if overland flow water taken under the water licence is to be used to irrigate crops—the pattern of usage demand for the storage for the water licence; and the extent to which the storage for the water licence may also be used to store water taken under another authorisation; and the other conditions applying to the water licence.\n(sec.59-ssec.3) In this section— catchment characteristics , for a catchment, means the characteristics of the catchment that affect the volume of overland flow water in the catchment, including, for example— the area of the catchment; and the slope of the catchment; and the amount of rainfall that typically falls in the catchment; and the amount and type of vegetation in the catchment. pattern of usage demand , for a storage, means the pattern of usage from the storage worked out having regard to— how water, stored in or by the storage, is used to grow crops; and the planting rule for the trading zone in which the storage is located. planting rule , for a trading zone, means the method used, in the IQQM computer program simulation, to work out the area under crops in the trading zone in the Border Rivers catchment. storage , for a water licence, means the works that will primarily be used to store the overland flow water taken under the water licence. trading zone means an area stated to be a trading zone for water allocations under this plan.\n- (a) the catchment characteristics for the water’s catchment; and\n- (b) the maximum rate, if any, worked out under section 57 , at which the overland flow water may be taken; and\n- (c) the maximum storage capacity, if any, worked out under section 58 , of the works that may be used to store the water; and\n- (d) if overland flow water taken under the water licence is to be used to irrigate crops—the pattern of usage demand for the storage for the water licence; and\n- (e) the extent to which the storage for the water licence may also be used to store water taken under another authorisation; and\n- (f) the other conditions applying to the water licence.\n- (a) the area of the catchment; and\n- (b) the slope of the catchment; and\n- (c) the amount of rainfall that typically falls in the catchment; and\n- (d) the amount and type of vegetation in the catchment.\n- (a) how water, stored in or by the storage, is used to grow crops; and\n- (b) the planting rule for the trading zone in which the storage is located.","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":"Working out volumetric limit","content":"### sec.60 Working out volumetric limit\n\nThis section applies for working out, for section 56 (1) (b) (iv) , the volumetric limit for the water licence.\nIf an average annual volume, worked out under section 59 , is a condition of the water licence, the chief executive must have regard to that average annual volume.\n(sec.60-ssec.1) This section applies for working out, for section 56 (1) (b) (iv) , the volumetric limit for the water licence.\n(sec.60-ssec.2) If an average annual volume, worked out under section 59 , is a condition of the water licence, the chief executive must have regard to that average annual volume.","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Criteria for deciding applications for water licences to take overland flow water using existing overland flow works— Act , s 43","content":"### sec.61 Criteria for deciding applications for water licences to take overland flow water using existing overland flow works— Act , s 43\n\nThis section states, for section 43 (2) (h) of the Act , the criteria for deciding an application for a water licence, to take overland flow water to which this plan applies using existing overland flow works, accepted by the chief executive under section 46 (2) .\nThe chief executive must decide to grant the application if the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.\nDespite subsection (2) , the chief executive may refuse to grant the application if the chief executive considers the application should be refused having regard to the matters the chief executive must consider under section 113 of the Act .\n(sec.61-ssec.1) This section states, for section 43 (2) (h) of the Act , the criteria for deciding an application for a water licence, to take overland flow water to which this plan applies using existing overland flow works, accepted by the chief executive under section 46 (2) .\n(sec.61-ssec.2) The chief executive must decide to grant the application if the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.\n(sec.61-ssec.3) Despite subsection (2) , the chief executive may refuse to grant the application if the chief executive considers the application should be refused having regard to the matters the chief executive must consider under section 113 of the Act .","sortOrder":77},{"sectionNumber":"sec.62","sectionType":"section","heading":"Process for allocation of overland flow water— Act , s 116","content":"### sec.62 Process for allocation of overland flow water— Act , s 116\n\nThis section states, for section 116 (1) of the Act , a process for the allocation of overland flow water to which this plan applies under a water licence.\nSee section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\nA water licence to take the water using existing overland flow works may be granted to the owner of the land on which the works are situated.\nWithout limiting subsection (2) , a water licence to take the water using existing overland flow works must be granted to the owner of the land on which the works are situated if—\nthe works are notified existing overland flow works; and\nthe chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.\nThe chief executive must, before granting the water licence under subsection (2) or (3) —\ngive the owner a notice—\nidentifying the works for which a water licence is proposed to be granted; and\nstating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and\nif the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and\nif a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive.\n(sec.62-ssec.1) This section states, for section 116 (1) of the Act , a process for the allocation of overland flow water to which this plan applies under a water licence. See section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n(sec.62-ssec.2) A water licence to take the water using existing overland flow works may be granted to the owner of the land on which the works are situated.\n(sec.62-ssec.3) Without limiting subsection (2) , a water licence to take the water using existing overland flow works must be granted to the owner of the land on which the works are situated if— the works are notified existing overland flow works; and the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.\n(sec.62-ssec.4) The chief executive must, before granting the water licence under subsection (2) or (3) — give the owner a notice— identifying the works for which a water licence is proposed to be granted; and stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive.\n- (a) the works are notified existing overland flow works; and\n- (b) the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.\n- (a) give the owner a notice— (i) identifying the works for which a water licence is proposed to be granted; and (ii) stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and (iii) if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and\n- (i) identifying the works for which a water licence is proposed to be granted; and\n- (ii) stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and\n- (iii) if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and\n- (b) if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive.\n- (i) identifying the works for which a water licence is proposed to be granted; and\n- (ii) stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and\n- (iii) if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Water licences to include particular conditions","content":"### sec.63 Water licences to include particular conditions\n\nThis section applies to a water licence with an identifying number mentioned in schedule 13 .\nIf, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to be subject to a stated condition, the water licence is inconsistent with this plan unless the water licence is subject to the condition.\nSee section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.\nFor section 133 (2) of the Act , the stated time is 60 business days after the making of the water entitlement notice.\n(sec.63-ssec.1) This section applies to a water licence with an identifying number mentioned in schedule 13 .\n(sec.63-ssec.2) If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to be subject to a stated condition, the water licence is inconsistent with this plan unless the water licence is subject to the condition. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.\n(sec.63-ssec.3) For section 133 (2) of the Act , the stated time is 60 business days after the making of the water entitlement notice.","sortOrder":79},{"sectionNumber":"pt.10-div.5","sectionType":"division","heading":"Water licences to take underground water","content":"## Water licences to take underground water","sortOrder":80},{"sectionNumber":"sec.64","sectionType":"section","heading":"Water licences to take underground water to contain particular matters","content":"### sec.64 Water licences to take underground water to contain particular matters\n\nThis section applies to a water licence to take underground water to which this plan applies in the underground water management area.\nIf, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to state a relevant matter, the licence is inconsistent with this plan unless the relevant matter is stated in the licence.\nSee section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.\nIn this section—\nrelevant matter means any of the following matters—\na condition to which the water licence is subject;\na purpose for which water to which this plan applies may be taken under the water licence;\na nominal entitlement for the water licence;\nthe underground water sub-area or the underground water zone to which the water licence relates;\nif the water taken under the water licence must be from a particular underground water sub-unit—the underground water sub-unit;\nif the water licence relocation rules apply to the water licence—the latitude and longitude for the point at which water to which this plan applies may be taken under the water licence.\nwater licence relocation rules means the rules, stated in the water management protocol for this plan, about a dealing with a water licence to which section 126 of the Act applies.\n(sec.64-ssec.1) This section applies to a water licence to take underground water to which this plan applies in the underground water management area.\n(sec.64-ssec.2) If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to state a relevant matter, the licence is inconsistent with this plan unless the relevant matter is stated in the licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.\n(sec.64-ssec.3) In this section— relevant matter means any of the following matters— a condition to which the water licence is subject; a purpose for which water to which this plan applies may be taken under the water licence; a nominal entitlement for the water licence; the underground water sub-area or the underground water zone to which the water licence relates; if the water taken under the water licence must be from a particular underground water sub-unit—the underground water sub-unit; if the water licence relocation rules apply to the water licence—the latitude and longitude for the point at which water to which this plan applies may be taken under the water licence. water licence relocation rules means the rules, stated in the water management protocol for this plan, about a dealing with a water licence to which section 126 of the Act applies.\n- (a) a condition to which the water licence is subject;\n- (b) a purpose for which water to which this plan applies may be taken under the water licence;\n- (c) a nominal entitlement for the water licence;\n- (d) the underground water sub-area or the underground water zone to which the water licence relates;\n- (e) if the water taken under the water licence must be from a particular underground water sub-unit—the underground water sub-unit;\n- (f) if the water licence relocation rules apply to the water licence—the latitude and longitude for the point at which water to which this plan applies may be taken under the water licence.","sortOrder":81},{"sectionNumber":"pt.10-div.6","sectionType":"division","heading":"Particular water licences inconsistent with this plan","content":"## Particular water licences inconsistent with this plan","sortOrder":82},{"sectionNumber":"sec.65","sectionType":"section","heading":"Water licences with stated purpose of irrigation","content":"### sec.65 Water licences with stated purpose of irrigation\n\nA water licence with the stated purpose of irrigation is inconsistent with this plan unless the water licence is subject to a condition that water taken under the water licence must not be stored.\nSee section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.","sortOrder":83},{"sectionNumber":"sec.66","sectionType":"section","heading":"Water licences authorising the taking of water in Glen Niven tributaries zone","content":"### sec.66 Water licences authorising the taking of water in Glen Niven tributaries zone\n\nA water licence authorising the taking of water in the Glen Niven tributaries zone is inconsistent with this plan unless—\nthe purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and\nif the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and\nthe water licence states the maximum rate at which water may be taken under the water licence.\nSee section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.\nThe Glen Niven tributaries zone is a water management area zone.\nIf the water licence is amended to state a maximum rate at which water may be taken under the water licence, the maximum rate must be—\nif a development permit that relates to the water licence states a pump size—\nfor a stated pump size of 32mm—0.5ML a day; or\nfor a stated pump size of 125mm—7.3ML a day; or\nfor a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or\notherwise—the rate decided by the chief executive having regard to—\nthe rates stated in subparagraphs (i) and (ii) ; and\nthe rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\notherwise—the rate decided by the chief executive having regard to—\nthe purpose stated in the water licence; and\nthe rate at which the chief executive estimates water is able to be taken under the water licence.\n(sec.66-ssec.1) A water licence authorising the taking of water in the Glen Niven tributaries zone is inconsistent with this plan unless— the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and the water licence states the maximum rate at which water may be taken under the water licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. The Glen Niven tributaries zone is a water management area zone.\n(sec.66-ssec.2) If the water licence is amended to state a maximum rate at which water may be taken under the water licence, the maximum rate must be— if a development permit that relates to the water licence states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or otherwise—the rate decided by the chief executive having regard to— the purpose stated in the water licence; and the rate at which the chief executive estimates water is able to be taken under the water licence.\n- (a) the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and\n- (b) if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and\n- (c) the water licence states the maximum rate at which water may be taken under the water licence.\n- 1 See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.\n- 2 The Glen Niven tributaries zone is a water management area zone.\n- (a) if a development permit that relates to the water licence states a pump size— (i) for a stated pump size of 32mm—0.5ML a day; or (ii) for a stated pump size of 125mm—7.3ML a day; or (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (i) for a stated pump size of 32mm—0.5ML a day; or\n- (ii) for a stated pump size of 125mm—7.3ML a day; or\n- (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or\n- (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (A) the rates stated in subparagraphs (i) and (ii) ; and\n- (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (b) otherwise—the rate decided by the chief executive having regard to— (i) the purpose stated in the water licence; and (ii) the rate at which the chief executive estimates water is able to be taken under the water licence.\n- (i) the purpose stated in the water licence; and\n- (ii) the rate at which the chief executive estimates water is able to be taken under the water licence.\n- (i) for a stated pump size of 32mm—0.5ML a day; or\n- (ii) for a stated pump size of 125mm—7.3ML a day; or\n- (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or\n- (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (A) the rates stated in subparagraphs (i) and (ii) ; and\n- (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (A) the rates stated in subparagraphs (i) and (ii) ; and\n- (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or\n- (i) the purpose stated in the water licence; and\n- (ii) the rate at which the chief executive estimates water is able to be taken under the water licence.","sortOrder":84},{"sectionNumber":"pt.10-div.7","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Accounting period for water licences— Water Regulation 2016 , s 142","content":"### sec.67 Accounting period for water licences— Water Regulation 2016 , s 142\n\nFor the Water Regulation 2016 , section 142 (a) , the accounting period for a water licence to take water to which this plan applies is 1 July to 30 June in the following year.","sortOrder":86},{"sectionNumber":"pt.11","sectionType":"part","heading":"Water allocations","content":"# Water allocations","sortOrder":87},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Surface water","content":"## Surface water","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":"Water allocation groups— Act , sch 4","content":"### sec.68 Water allocation groups— Act , sch 4\n\nFor schedule 4 of the Act , definition water allocation group , a group of water allocations is a water allocation group, for unsupplemented surface water, if each water allocation in the group—\nstates the same water allocation group mentioned in schedule 8 , column 3 (the water allocation group identifier ); and\nauthorises the taking of unsupplemented surface water—\nin the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and\nfrom the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.\n- (a) states the same water allocation group mentioned in schedule 8 , column 3 (the water allocation group identifier ); and\n- (b) authorises the taking of unsupplemented surface water— (i) in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and (ii) from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.\n- (i) in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and\n- (ii) from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.\n- (i) in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and\n- (ii) from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.","sortOrder":89},{"sectionNumber":"sec.69","sectionType":"section","heading":"Amending particular water allocations— Act , s 150","content":"### sec.69 Amending particular water allocations— Act , s 150\n\nThis section applies to a water allocation with an identifying number mentioned in column 1 of an amendment table.\nFor section 150 (1) (a) of the Act , the water allocation must be amended to ensure—\nif column 2 of the amendment table states a water management area zone for the water allocation—the water management area zone for the water allocation is the stated water management area zone; and\nif column 2 of the amendment table states a purpose for the water allocation—the purpose of the water allocation is the stated purpose; and\nif column 2 of the amendment table states a water allocation group for the water allocation—the water allocation group for the water allocation is the stated water allocation group; and\nif column 2 of the amendment table states a location from which water may be taken under the water allocation—water may only be taken under the water allocation from the stated location; and\nif column 2 of the amendment table states ‘no conditions’—the only condition applying to the water allocation is a flow condition; and\nif column 2 of the amendment table states a condition for the water allocation—the water allocation is subject to the stated condition or another condition that has the same effect as the stated condition.\nTo remove any doubt, it is declared that if an existing detail of, or condition imposed on, the water allocation is inconsistent with an amendment required under subsection (2) , the existing detail or condition must be also amended or removed, but only to the extent necessary to avoid the inconsistency.\nIn this section—\namendment table means a table in schedule 14 , part 1 or 2 .\n(sec.69-ssec.1) This section applies to a water allocation with an identifying number mentioned in column 1 of an amendment table.\n(sec.69-ssec.2) For section 150 (1) (a) of the Act , the water allocation must be amended to ensure— if column 2 of the amendment table states a water management area zone for the water allocation—the water management area zone for the water allocation is the stated water management area zone; and if column 2 of the amendment table states a purpose for the water allocation—the purpose of the water allocation is the stated purpose; and if column 2 of the amendment table states a water allocation group for the water allocation—the water allocation group for the water allocation is the stated water allocation group; and if column 2 of the amendment table states a location from which water may be taken under the water allocation—water may only be taken under the water allocation from the stated location; and if column 2 of the amendment table states ‘no conditions’—the only condition applying to the water allocation is a flow condition; and if column 2 of the amendment table states a condition for the water allocation—the water allocation is subject to the stated condition or another condition that has the same effect as the stated condition.\n(sec.69-ssec.3) To remove any doubt, it is declared that if an existing detail of, or condition imposed on, the water allocation is inconsistent with an amendment required under subsection (2) , the existing detail or condition must be also amended or removed, but only to the extent necessary to avoid the inconsistency.\n(sec.69-ssec.4) In this section— amendment table means a table in schedule 14 , part 1 or 2 .\n- (a) if column 2 of the amendment table states a water management area zone for the water allocation—the water management area zone for the water allocation is the stated water management area zone; and\n- (b) if column 2 of the amendment table states a purpose for the water allocation—the purpose of the water allocation is the stated purpose; and\n- (c) if column 2 of the amendment table states a water allocation group for the water allocation—the water allocation group for the water allocation is the stated water allocation group; and\n- (d) if column 2 of the amendment table states a location from which water may be taken under the water allocation—water may only be taken under the water allocation from the stated location; and\n- (e) if column 2 of the amendment table states ‘no conditions’—the only condition applying to the water allocation is a flow condition; and\n- (f) if column 2 of the amendment table states a condition for the water allocation—the water allocation is subject to the stated condition or another condition that has the same effect as the stated condition.","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definitions for subdivision","content":"### sec.70 Definitions for subdivision\n\nIn this subdivision—\nconverted water allocation see section 72 (1) .\nStanthorpe allocation means a converted water allocation to take unsupplemented surface water to which this plan applies from a watercourse, lake or spring in the Stanthorpe water management area, other than the Glen Niven tributaries zone.\nThe Glen Niven tributaries zone is a water management area zone.\nUpper Weir allocation means a converted water allocation to take unsupplemented surface water to which this plan applies from Brigalow Creek, Commoron Creek, Murri Murri Creek or Yambocully Creek.","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.71 Purpose of subdivision\n\nThis subdivision 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":92},{"sectionNumber":"sec.72","sectionType":"section","heading":"Authorisations may be converted to water allocations","content":"### sec.72 Authorisations may be converted to water allocations\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 (a converted water allocation ) to take unsupplemented surface water to which this plan applies.\nIn this section—\nexisting authorisation means—\nwater permit number 618275; or\nwater permit number 618282; or\na water licence that—\nis in force at the commencement; and\nis a licence to take unsupplemented surface water to which this plan applies—\nfrom a watercourse, lake or spring mentioned in column 1 of the following table; and\nfor the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.\nColumn 1\nColumn 2\nWatercourse, lake or spring\nPurpose\na watercourse, lake or spring in the Stanthorpe water management area, other than the Glen Niven tributaries zone\nany\na watercourse, lake or spring in the Macintyre Brook upstream zone\nirrigation\nBrigalow Creek, Commoron Creek, Murri Murri Creek or Yambocully Creek\nwater harvesting\nThe Glen Niven tributaries zone and the Macintyre Brook upstream zone are water management area zones.\n(sec.72-ssec.1) A 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 (a converted water allocation ) to take unsupplemented surface water to which this plan applies.\n(sec.72-ssec.2) In this section— existing authorisation means— water permit number 618275; or water permit number 618282; or a water licence that— is in force at the commencement; and is a licence to take unsupplemented surface water to which this plan applies— from a watercourse, lake or spring mentioned in column 1 of the following table; and for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring. Column 1 Column 2 Watercourse, lake or spring Purpose a watercourse, lake or spring in the Stanthorpe water management area, other than the Glen Niven tributaries zone any a watercourse, lake or spring in the Macintyre Brook upstream zone irrigation Brigalow Creek, Commoron Creek, Murri Murri Creek or Yambocully Creek water harvesting The Glen Niven tributaries zone and the Macintyre Brook upstream zone are water management area zones.\n- (a) water permit number 618275; or\n- (b) water permit number 618282; or\n- (c) a water licence that— (i) is in force at the commencement; and (ii) is a licence to take unsupplemented surface water to which this plan applies— (A) from a watercourse, lake or spring mentioned in column 1 of the following table; and (B) for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.\n- (i) is in force at the commencement; and\n- (ii) is a licence to take unsupplemented surface water to which this plan applies— (A) from a watercourse, lake or spring mentioned in column 1 of the following table; and (B) for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.\n- (A) from a watercourse, lake or spring mentioned in column 1 of the following table; and\n- (B) for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.\n- (i) is in force at the commencement; and\n- (ii) is a licence to take unsupplemented surface water to which this plan applies— (A) from a watercourse, lake or spring mentioned in column 1 of the following table; and (B) for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.\n- (A) from a watercourse, lake or spring mentioned in column 1 of the following table; and\n- (B) for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.\n- (A) from a watercourse, lake or spring mentioned in column 1 of the following table; and\n- (B) for the purpose stated in column 2 of the following table opposite the watercourse, lake or spring.","sortOrder":93},{"sectionNumber":"sec.73","sectionType":"section","heading":"Purpose for taking water","content":"### sec.73 Purpose for taking water\n\nThe purpose for taking water under the converted water allocation must be ‘any’ or ‘urban’.","sortOrder":94},{"sectionNumber":"sec.74","sectionType":"section","heading":"Location for taking water","content":"### sec.74 Location for taking water\n\nThe location from which water may be taken under the converted water allocation must include the place from which water was permitted to be taken under the existing authorisation.","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Conditions for taking water","content":"### sec.75 Conditions for taking water\n\nIn deciding the conditions on which water may be taken under the converted water allocation, the chief executive must have regard to—\nthe terms or conditions stated in the existing authorisation; and\nif there were water sharing rules for the existing authorisation—the water sharing rules.\nSubject to subsection (3) , a Stanthorpe allocation must include the following conditions—\nif the existing authorisation stated a limit for taking water—a condition that water taken under the Stanthorpe allocation must not be stored;\notherwise—\na condition that water must not be taken under the Stanthorpe allocation unless a flow in the watercourse, lake or spring is visible; and\na condition that the accounting period for the Stanthorpe allocation is ‘multiyear’.\nIf subsection (2) (a) does not apply and the chief executive is reasonably satisfied the conditions mentioned in subsection (2) (b) should not be required for the Stanthorpe allocation, the Stanthorpe allocation must include the following conditions—\na condition that water taken under the Stanthorpe allocation must not be stored;\nif the existing authorisation was subject to a condition limiting the taking of water from the impoundment for the existing authorisation—the same condition, modified as necessary;\notherwise—a condition ensuring water is only taken under the Stanthorpe allocation if the water level in the impoundment for the Stanthorpe allocation is above the minimum level for the impoundment.\nSubsection (5) applies to an Upper Weir allocation if—\nwater taken under the existing authorisation could have been stored using works capable of being used to take overland flow water; and\nno water licence authorises the taking of overland flow water using the works.\nThe Upper Weir allocation must include a condition that prohibits an increase in the volume of overland flow water taken using the works.\nIn this section—\nimpoundment means an impoundment authorised under—\nfor an existing authorisation mentioned in section 51 (1) (b) or a Stanthorpe allocation converted from an existing authorisation mentioned in section 51 (1) (b) —the licence to interfere mentioned in schedule 1 , column 1 for the existing authorisation; or\nfor water licence number 42967T or a Stanthorpe allocation converted from that water licence—water licence number 46090T.\nlicence to interfere means a licence to interfere mentioned in section 51 (1) (a) .\nminimum level , for an impoundment, means 0.3m below full supply level of the impoundment.\n(sec.75-ssec.1) In deciding the conditions on which water may be taken under the converted water allocation, the chief executive must have regard to— the terms or conditions stated in the existing authorisation; and if there were water sharing rules for the existing authorisation—the water sharing rules.\n(sec.75-ssec.2) Subject to subsection (3) , a Stanthorpe allocation must include the following conditions— if the existing authorisation stated a limit for taking water—a condition that water taken under the Stanthorpe allocation must not be stored; otherwise— a condition that water must not be taken under the Stanthorpe allocation unless a flow in the watercourse, lake or spring is visible; and a condition that the accounting period for the Stanthorpe allocation is ‘multiyear’.\n(sec.75-ssec.3) If subsection (2) (a) does not apply and the chief executive is reasonably satisfied the conditions mentioned in subsection (2) (b) should not be required for the Stanthorpe allocation, the Stanthorpe allocation must include the following conditions— a condition that water taken under the Stanthorpe allocation must not be stored; if the existing authorisation was subject to a condition limiting the taking of water from the impoundment for the existing authorisation—the same condition, modified as necessary; otherwise—a condition ensuring water is only taken under the Stanthorpe allocation if the water level in the impoundment for the Stanthorpe allocation is above the minimum level for the impoundment.\n(sec.75-ssec.4) Subsection (5) applies to an Upper Weir allocation if— water taken under the existing authorisation could have been stored using works capable of being used to take overland flow water; and no water licence authorises the taking of overland flow water using the works.\n(sec.75-ssec.5) The Upper Weir allocation must include a condition that prohibits an increase in the volume of overland flow water taken using the works.\n(sec.75-ssec.6) In this section— impoundment means an impoundment authorised under— for an existing authorisation mentioned in section 51 (1) (b) or a Stanthorpe allocation converted from an existing authorisation mentioned in section 51 (1) (b) —the licence to interfere mentioned in schedule 1 , column 1 for the existing authorisation; or for water licence number 42967T or a Stanthorpe allocation converted from that water licence—water licence number 46090T. licence to interfere means a licence to interfere mentioned in section 51 (1) (a) . minimum level , for an impoundment, means 0.3m below full supply level of the impoundment.\n- (a) the terms or conditions stated in the existing authorisation; and\n- (b) if there were water sharing rules for the existing authorisation—the water sharing rules.\n- (a) if the existing authorisation stated a limit for taking water—a condition that water taken under the Stanthorpe allocation must not be stored;\n- (b) otherwise— (i) a condition that water must not be taken under the Stanthorpe allocation unless a flow in the watercourse, lake or spring is visible; and (ii) a condition that the accounting period for the Stanthorpe allocation is ‘multiyear’.\n- (i) a condition that water must not be taken under the Stanthorpe allocation unless a flow in the watercourse, lake or spring is visible; and\n- (ii) a condition that the accounting period for the Stanthorpe allocation is ‘multiyear’.\n- (i) a condition that water must not be taken under the Stanthorpe allocation unless a flow in the watercourse, lake or spring is visible; and\n- (ii) a condition that the accounting period for the Stanthorpe allocation is ‘multiyear’.\n- (a) a condition that water taken under the Stanthorpe allocation must not be stored;\n- (b) if the existing authorisation was subject to a condition limiting the taking of water from the impoundment for the existing authorisation—the same condition, modified as necessary;\n- (c) otherwise—a condition ensuring water is only taken under the Stanthorpe allocation if the water level in the impoundment for the Stanthorpe allocation is above the minimum level for the impoundment.\n- (a) water taken under the existing authorisation could have been stored using works capable of being used to take overland flow water; and\n- (b) no water licence authorises the taking of overland flow water using the works.\n- (a) for an existing authorisation mentioned in section 51 (1) (b) or a Stanthorpe allocation converted from an existing authorisation mentioned in section 51 (1) (b) —the licence to interfere mentioned in schedule 1 , column 1 for the existing authorisation; or\n- (b) for water licence number 42967T or a Stanthorpe allocation converted from that water licence—water licence number 46090T.","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Nominal volume","content":"### sec.76 Nominal volume\n\nThe nominal volume for a Stanthorpe allocation, other than a water allocation to take water to which this plan applies in Lower Severn River zone 2, is the volumetric limit for the Stanthorpe allocation.\nLower Severn River zone 2 is a water management area zone.\nThe nominal volume for the following converted water allocations is the volume, in megalitres, calculated by multiplying the irrigated area for the existing authorisation, in hectares, by 6—\na Stanthorpe allocation to take water to which this plan applies in Lower Severn River zone 2;\na Macintyre Brook allocation.\nThe nominal volume for another converted water allocation is to be based on an assessment of the water taken under the existing authorisation.\nSee also the Water Regulation 2016 , section 46 .\nFor the Water Regulation 2016 , section 46 (1) (e) , the other criteria are—\nthe water sharing rules included in the water management protocol for this plan; and\nthe share of water determined, by the IQQM computer program simulation, to be available for Upper Weir allocations.\nIn this section—\nirrigated area , for an existing authorisation, means the area, stated in the existing authorisation, that was able to be irrigated by water taken under the existing authorisation.\nMacintyre Brook allocation means a converted water allocation to take unsupplemented surface water to which this plan applies from a watercourse, lake or spring in the Macintyre Brook upstream zone.\nThe Macintyre Brook upstream zone is a water management area zone.\n(sec.76-ssec.1) The nominal volume for a Stanthorpe allocation, other than a water allocation to take water to which this plan applies in Lower Severn River zone 2, is the volumetric limit for the Stanthorpe allocation. Lower Severn River zone 2 is a water management area zone.\n(sec.76-ssec.2) The nominal volume for the following converted water allocations is the volume, in megalitres, calculated by multiplying the irrigated area for the existing authorisation, in hectares, by 6— a Stanthorpe allocation to take water to which this plan applies in Lower Severn River zone 2; a Macintyre Brook allocation.\n(sec.76-ssec.3) The nominal volume for another converted water allocation is to be based on an assessment of the water taken under the existing authorisation. See also the Water Regulation 2016 , section 46 .\n(sec.76-ssec.4) For the Water Regulation 2016 , section 46 (1) (e) , the other criteria are— the water sharing rules included in the water management protocol for this plan; and the share of water determined, by the IQQM computer program simulation, to be available for Upper Weir allocations.\n(sec.76-ssec.5) In this section— irrigated area , for an existing authorisation, means the area, stated in the existing authorisation, that was able to be irrigated by water taken under the existing authorisation. Macintyre Brook allocation means a converted water allocation to take unsupplemented surface water to which this plan applies from a watercourse, lake or spring in the Macintyre Brook upstream zone. The Macintyre Brook upstream zone is a water management area zone.\n- (a) a Stanthorpe allocation to take water to which this plan applies in Lower Severn River zone 2;\n- (b) a Macintyre Brook allocation.\n- (a) the water sharing rules included in the water management protocol for this plan; and\n- (b) the share of water determined, by the IQQM computer program simulation, to be available for Upper Weir allocations.","sortOrder":97},{"sectionNumber":"sec.77","sectionType":"section","heading":"Volumetric limit","content":"### sec.77 Volumetric limit\n\nThe volumetric limit for the converted water allocation must be based on—\nfor a Stanthorpe allocation, other than a converted water allocation to take water to which this plan applies in Lower Severn River zone 2—\nif the existing authorisation stated a limit for taking water—the limit; or\nif the existing authorisation stated an area that was able to be irrigated—the area; or\nLower Severn River zone 2 is a water management area zone.\notherwise—an assessment of water taken under the existing authorisation and the efficiency of the use of the water.\nSee also the Water Regulation 2016 , sections 47 to 49 .\nHowever, if subsection (1) (a) (i) and (ii) both apply in relation to the converted water allocation, the basis for calculating the volumetric limit is the basis mentioned in subsection (1) (a) (i) or (ii) that results in the lesser volumetric limit.\nFor the Water Regulation 2016 , section 48 , the factor is 6ML a hectare.\nFor the Water Regulation 2016 , section 49 (f) , the other criterion is the share of water determined, by the IQQM computer program simulation, to be available for Upper Weir allocations.\n(sec.77-ssec.1) The volumetric limit for the converted water allocation must be based on— for a Stanthorpe allocation, other than a converted water allocation to take water to which this plan applies in Lower Severn River zone 2— if the existing authorisation stated a limit for taking water—the limit; or if the existing authorisation stated an area that was able to be irrigated—the area; or Lower Severn River zone 2 is a water management area zone. otherwise—an assessment of water taken under the existing authorisation and the efficiency of the use of the water. See also the Water Regulation 2016 , sections 47 to 49 .\n(sec.77-ssec.2) However, if subsection (1) (a) (i) and (ii) both apply in relation to the converted water allocation, the basis for calculating the volumetric limit is the basis mentioned in subsection (1) (a) (i) or (ii) that results in the lesser volumetric limit.\n(sec.77-ssec.3) For the Water Regulation 2016 , section 48 , the factor is 6ML a hectare.\n(sec.77-ssec.4) For the Water Regulation 2016 , section 49 (f) , the other criterion is the share of water determined, by the IQQM computer program simulation, to be available for Upper Weir allocations.\n- (a) for a Stanthorpe allocation, other than a converted water allocation to take water to which this plan applies in Lower Severn River zone 2— (i) if the existing authorisation stated a limit for taking water—the limit; or (ii) if the existing authorisation stated an area that was able to be irrigated—the area; or Note— Lower Severn River zone 2 is a water management area zone.\n- (i) if the existing authorisation stated a limit for taking water—the limit; or\n- (ii) if the existing authorisation stated an area that was able to be irrigated—the area; or\n- (b) otherwise—an assessment of water taken under the existing authorisation and the efficiency of the use of the water.\n- (i) if the existing authorisation stated a limit for taking water—the limit; or\n- (ii) if the existing authorisation stated an area that was able to be irrigated—the area; or","sortOrder":98},{"sectionNumber":"sec.78","sectionType":"section","heading":"Maximum rate for taking water","content":"### sec.78 Maximum rate for taking water\n\nThe maximum rate for the converted water allocation must be—\nif the existing authorisation stated a maximum rate at which water was able to be taken under the existing authorisation—based on that maximum rate; or\nif a development permit for the existing authorisation stated a pump size—\nfor a stated pump size of 32mm—0.5ML a day; or\nfor a stated pump size of 125mm—7.3ML a day; or\nfor another stated pump size—based on the pump size; or\notherwise—decided by the chief executive.\nSee also the Water Regulation 2016 , sections 50 to 52 .\nHowever, if subsection (1) (a) and (b) both apply in relation to the converted water allocation, the maximum rate for the converted water allocation must be based on the matter mentioned in subsection (1) (a) or (b) that results in the lesser maximum rate.\nFor the Water Regulation 2016 , section 51 (2) , the maximum rate is to be in megalitres per day.\nFor the Water Regulation 2016 , section 52 (2) (c) , the other criteria are—\nthe terms or conditions under which water was able to be taken under the existing authorisation; and\na condition of any other water entitlement, or any other authorisation, that limited the total rate for taking water under the existing authorisation.\n(sec.78-ssec.1) The maximum rate for the converted water allocation must be— if the existing authorisation stated a maximum rate at which water was able to be taken under the existing authorisation—based on that maximum rate; or if a development permit for the existing authorisation stated a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for another stated pump size—based on the pump size; or otherwise—decided by the chief executive. See also the Water Regulation 2016 , sections 50 to 52 .\n(sec.78-ssec.2) However, if subsection (1) (a) and (b) both apply in relation to the converted water allocation, the maximum rate for the converted water allocation must be based on the matter mentioned in subsection (1) (a) or (b) that results in the lesser maximum rate.\n(sec.78-ssec.3) For the Water Regulation 2016 , section 51 (2) , the maximum rate is to be in megalitres per day.\n(sec.78-ssec.4) For the Water Regulation 2016 , section 52 (2) (c) , the other criteria are— the terms or conditions under which water was able to be taken under the existing authorisation; and a condition of any other water entitlement, or any other authorisation, that limited the total rate for taking water under the existing authorisation.\n- (a) if the existing authorisation stated a maximum rate at which water was able to be taken under the existing authorisation—based on that maximum rate; or\n- (b) if a development permit for the existing authorisation stated a pump size— (i) for a stated pump size of 32mm—0.5ML a day; or (ii) for a stated pump size of 125mm—7.3ML a day; or (iii) for another stated pump size—based on the pump size; or\n- (i) for a stated pump size of 32mm—0.5ML a day; or\n- (ii) for a stated pump size of 125mm—7.3ML a day; or\n- (iii) for another stated pump size—based on the pump size; or\n- (c) otherwise—decided by the chief executive.\n- (i) for a stated pump size of 32mm—0.5ML a day; or\n- (ii) for a stated pump size of 125mm—7.3ML a day; or\n- (iii) for another stated pump size—based on the pump size; or\n- (a) the terms or conditions under which water was able to be taken under the existing authorisation; and\n- (b) a condition of any other water entitlement, or any other authorisation, that limited the total rate for taking water under the existing authorisation.","sortOrder":99},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Underground water","content":"## Underground water","sortOrder":100},{"sectionNumber":"sec.79","sectionType":"section","heading":"Water allocation groups— Act , sch 4","content":"### sec.79 Water allocation groups— Act , sch 4\n\nFor schedule 4 of the Act , definition water allocation group , a group of water allocations is a water allocation group, for underground water, if each water allocation—\nstates the same water allocation group mentioned in schedule 9 , column 1 (the water allocation group identifier ); and\npermits underground water to which this plan applies to be taken for the purpose mentioned in schedule 9 , column 4 opposite the water allocation group identifier.\n- (a) states the same water allocation group mentioned in schedule 9 , column 1 (the water allocation group identifier ); and\n- (b) permits underground water to which this plan applies to be taken for the purpose mentioned in schedule 9 , column 4 opposite the water allocation group identifier.","sortOrder":101},{"sectionNumber":"sec.80","sectionType":"section","heading":"Definition for subdivision","content":"### sec.80 Definition for subdivision\n\nIn this subdivision—\nconverted water allocation see section 82 (2) .","sortOrder":102},{"sectionNumber":"sec.81","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.81 Purpose of subdivision\n\nThis subdivision 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 underground water to which this plan applies.","sortOrder":103},{"sectionNumber":"sec.82","sectionType":"section","heading":"Authorisations may be converted to water allocations","content":"### sec.82 Authorisations may be converted to water allocations\n\nThis section applies to a water licence that—\nis in force on the commencement; and\nis a licence to take underground water to which this plan applies—\nfrom the Border Rivers Alluvium (deep); and\nThe Border Rivers Alluvium (deep) is an underground water sub-unit.\nfor purposes other than stock purposes or domestic purposes; and\ndoes not have a nominal entitlement of 0ML.\nA water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for the conversion of the water licence to a water allocation stated in the notice (a converted water allocation ) to take underground water to which this plan applies.\n(sec.82-ssec.1) This section applies to a water licence that— is in force on the commencement; and is a licence to take underground water to which this plan applies— from the Border Rivers Alluvium (deep); and The Border Rivers Alluvium (deep) is an underground water sub-unit. for purposes other than stock purposes or domestic purposes; and does not have a nominal entitlement of 0ML.\n(sec.82-ssec.2) A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for the conversion of the water licence to a water allocation stated in the notice (a converted water allocation ) to take underground water to which this plan applies.\n- (a) is in force on the commencement; and\n- (b) is a licence to take underground water to which this plan applies— (i) from the Border Rivers Alluvium (deep); and Note— The Border Rivers Alluvium (deep) is an underground water sub-unit. (ii) for purposes other than stock purposes or domestic purposes; and\n- (i) from the Border Rivers Alluvium (deep); and Note— The Border Rivers Alluvium (deep) is an underground water sub-unit.\n- (ii) for purposes other than stock purposes or domestic purposes; and\n- (c) does not have a nominal entitlement of 0ML.\n- (i) from the Border Rivers Alluvium (deep); and Note— The Border Rivers Alluvium (deep) is an underground water sub-unit.\n- (ii) for purposes other than stock purposes or domestic purposes; and","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Purpose for taking water","content":"### sec.83 Purpose for taking water\n\nThe purpose for taking water under the converted water allocation must be ‘any’ or ‘urban’.","sortOrder":105},{"sectionNumber":"sec.84","sectionType":"section","heading":"Location for taking water","content":"### sec.84 Location for taking water\n\nThe chief executive must decide the location from which water may be taken under the converted water allocation having regard to—\nthe location of works used to take water under the existing authorisation; and\nthe centre of the land to which the existing authorisation attached.\nThe converted water allocation must state the latitude and longitude of the location from which water may be taken under the allocation.\nSubsection (2) does not apply if the holder of the water allocation is CEWH.\n(sec.84-ssec.1) The chief executive must decide the location from which water may be taken under the converted water allocation having regard to— the location of works used to take water under the existing authorisation; and the centre of the land to which the existing authorisation attached.\n(sec.84-ssec.2) The converted water allocation must state the latitude and longitude of the location from which water may be taken under the allocation.\n(sec.84-ssec.3) Subsection (2) does not apply if the holder of the water allocation is CEWH.\n- (a) the location of works used to take water under the existing authorisation; and\n- (b) the centre of the land to which the existing authorisation attached.","sortOrder":106},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conditions for taking water","content":"### sec.85 Conditions for taking water\n\nIn deciding the conditions on which underground water may be taken under the converted water allocation, the chief executive must have regard to the conditions stated in the existing authorisation.","sortOrder":107},{"sectionNumber":"sec.86","sectionType":"section","heading":"Volumetric limit","content":"### sec.86 Volumetric limit\n\nThe volumetric limit for the converted water allocation must be equal to the nominal entitlement stated in the existing authorisation.","sortOrder":108},{"sectionNumber":"sec.87","sectionType":"section","heading":"Nominal volume","content":"### sec.87 Nominal volume\n\nThe nominal volume for the converted water allocation must be decided by the chief executive having regard to the available water ratio stated in schedule 9 , column 2 opposite the water allocation’s water allocation group.","sortOrder":109},{"sectionNumber":"pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":110},{"sectionNumber":"sec.88","sectionType":"section","heading":"Requirement to make and keep records of contaminated agricultural run-off taken","content":"### sec.88 Requirement to make and keep records of contaminated agricultural run-off taken\n\nThis section applies to a person who takes overland flow water to which this plan applies if—\nthe water is contaminated agricultural run-off; and\nthe person takes the contaminated agricultural run-off to comply with an obligation on the person under the Environmental Protection Act 1994 .\nSee section 101 of the Act .\nThe person must make a record of the following matters—\nthe volume of contaminated agricultural run-off taken;\nthe date and nature of the activity or event that caused the contaminated agricultural run-off;\nrainfall, irrigation, spills\nanother matter stated for this section in the water management protocol for this plan.\nThe person must keep the record for 5 years.\nSee section 35 of the Act for when the chief executive may give a person authorised to take water under the Act a notice requiring information about the water taken under the person’s authority.\nSee section 760 of the Act for when an authorised officer may require a person to make available for inspection a document relating to the taking of water.\n(sec.88-ssec.1) This section applies to a person who takes overland flow water to which this plan applies if— the water is contaminated agricultural run-off; and the person takes the contaminated agricultural run-off to comply with an obligation on the person under the Environmental Protection Act 1994 . See section 101 of the Act .\n(sec.88-ssec.2) The person must make a record of the following matters— the volume of contaminated agricultural run-off taken; the date and nature of the activity or event that caused the contaminated agricultural run-off; rainfall, irrigation, spills another matter stated for this section in the water management protocol for this plan.\n(sec.88-ssec.3) The person must keep the record for 5 years. See section 35 of the Act for when the chief executive may give a person authorised to take water under the Act a notice requiring information about the water taken under the person’s authority. See section 760 of the Act for when an authorised officer may require a person to make available for inspection a document relating to the taking of water.\n- (a) the water is contaminated agricultural run-off; and\n- (b) the person takes the contaminated agricultural run-off to comply with an obligation on the person under the Environmental Protection Act 1994 .\n- (a) the volume of contaminated agricultural run-off taken;\n- (b) the date and nature of the activity or event that caused the contaminated agricultural run-off; Examples of activities or events that may cause contaminated agricultural run-off— rainfall, irrigation, spills\n- (c) another matter stated for this section in the water management protocol for this plan.\n- 1 See section 35 of the Act for when the chief executive may give a person authorised to take water under the Act a notice requiring information about the water taken under the person’s authority.\n- 2 See section 760 of the Act for when an authorised officer may require a person to make available for inspection a document relating to the taking of water.","sortOrder":111},{"sectionNumber":"sec.89","sectionType":"section","heading":"Water management protocol— Act , s 43","content":"### sec.89 Water management protocol— Act , s 43\n\nFor section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\nThe water management protocol must state the following matters for the plan area—\nthe volumes of unallocated water reserved for stated purposes or stated locations;\nthe criteria and process for deciding applications for a seasonal water assignment;\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;\nmonitoring requirements for water and natural ecosystems.\nThe water management protocol may state the following matters for the plan area—\nthe criteria and process for deciding applications for relocation of a water licence;\nthe arrangements for interstate trading between the State and New South Wales;\na process for conducting an underground water impact assessment in relation to—\na proposed dealing with a water licence; or\na proposed water allocation dealing.\na matter for which a record must be made and kept under section 88 .\nSubsections (2) and (3) do not limit the matters that may be stated in the water management protocol.\nIn this section—\nunderground water impact assessment , in relation to a proposed dealing mentioned in subsection (3) (c) (i) or (ii) , means an impact assessment carried out to work out whether the impact of approving the proposed dealing on holders of other water entitlements is unacceptable.\n(sec.89-ssec.1) For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\n(sec.89-ssec.2) The water management protocol must state the following matters for the plan area— the volumes of unallocated water reserved for stated purposes or stated locations; the criteria and process for deciding applications for a seasonal water assignment; 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; monitoring requirements for water and natural ecosystems.\n(sec.89-ssec.3) The water management protocol may state the following matters for the plan area— the criteria and process for deciding applications for relocation of a water licence; the arrangements for interstate trading between the State and New South Wales; a process for conducting an underground water impact assessment in relation to— a proposed dealing with a water licence; or a proposed water allocation dealing. a matter for which a record must be made and kept under section 88 .\n(sec.89-ssec.4) Subsections (2) and (3) do not limit the matters that may be stated in the water management protocol.\n(sec.89-ssec.5) In this section— underground water impact assessment , in relation to a proposed dealing mentioned in subsection (3) (c) (i) or (ii) , means an impact assessment carried out to work out whether the impact of approving the proposed dealing on holders of other water entitlements is unacceptable.\n- (a) the volumes of unallocated water reserved for stated purposes or stated locations;\n- (b) the criteria and process for deciding applications for a seasonal water assignment;\n- (c) for water allocations managed under a resource operations licence—the water allocation dealing rules;\n- (d) 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- (e) monitoring requirements for water and natural ecosystems.\n- (i) the seasonal water assignment rules; and\n- (ii) the water allocation dealing rules; and\n- (iii) the water sharing rules;\n- (a) the criteria and process for deciding applications for relocation of a water licence;\n- (b) the arrangements for interstate trading between the State and New South Wales;\n- (c) a process for conducting an underground water impact assessment in relation to— (i) a proposed dealing with a water licence; or (ii) a proposed water allocation dealing.\n- (i) a proposed dealing with a water licence; or\n- (ii) a proposed water allocation dealing.\n- (d) a matter for which a record must be made and kept under section 88 .\n- (i) a proposed dealing with a water licence; or\n- (ii) a proposed water allocation dealing.","sortOrder":112},{"sectionNumber":"sec.90","sectionType":"section","heading":"Arrangements for interstate trading","content":"### sec.90 Arrangements for interstate trading\n\nIn deciding the arrangements for interstate trading between the State and New South Wales mentioned in section 89 (3) (b) , the chief executive must ensure the arrangements are consistent with—\nthe water plan outcomes stated in part 3 ; and\nthe measures for achieving the water plan outcomes stated in part 4 ; and\nthe environmental flow objectives and water allocation security objectives stated in part 5 .\n- (a) the water plan outcomes stated in part 3 ; and\n- (b) the measures for achieving the water plan outcomes stated in part 4 ; and\n- (c) the environmental flow objectives and water allocation security objectives stated in part 5 .","sortOrder":113},{"sectionNumber":"sec.91","sectionType":"section","heading":"Amendments to plan that may be made without consultation— Act , s 43","content":"### sec.91 Amendments to 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 an environmental flow objective or a water allocation security objective, or a performance indicator for an objective, if the amendment or addition achieves an equivalent or improved environmental flow and water allocation security outcome;\nan amendment or addition of a node;\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—\na catchment;\na water management area;\nthe underground water management area;\nan underground water sub-area;\nthe plan area;\nan amendment to change the name of an underground water unit, or to change an underground water sub-unit within an underground water unit, if more accurate information about the hydrological characteristics of the underground water unit or the underground water sub-unit becomes available;\nan amendment to remove a provision of this plan that no longer has effect.\n- (a) an amendment or addition of an environmental flow objective or a water allocation security objective, or a performance indicator for an objective, if the amendment or addition achieves an equivalent or improved environmental flow and water allocation security outcome;\n- (b) an amendment or addition of a node;\n- (c) 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) a catchment; (ii) a water management area; (iii) the underground water management area; (iv) an underground water sub-area; (v) the plan area;\n- (i) a catchment;\n- (ii) a water management area;\n- (iii) the underground water management area;\n- (iv) an underground water sub-area;\n- (v) the plan area;\n- (d) an amendment to change the name of an underground water unit, or to change an underground water sub-unit within an underground water unit, if more accurate information about the hydrological characteristics of the underground water unit or the underground water sub-unit becomes available;\n- (e) an amendment to remove a provision of this plan that no longer has effect.\n- (i) a catchment;\n- (ii) a water management area;\n- (iii) the underground water management area;\n- (iv) an underground water sub-area;\n- (v) the plan area;","sortOrder":114},{"sectionNumber":"pt.13","sectionType":"part","heading":"Expiry and transitional provisions","content":"# Expiry and transitional provisions","sortOrder":115},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Expiry of water plans","content":"## Expiry of water plans","sortOrder":116},{"sectionNumber":"sec.92","sectionType":"section","heading":"Declaration of replacement of water plans— Act , s 1236","content":"### sec.92 Declaration of replacement of water plans— Act , s 1236\n\nFor section 1236 (3) of the Act , this plan replaces the following water plans—\nthe Water Plan (Border Rivers) 2003 ;\nthe Water Plan (Moonie) 2003 .\n- (a) the Water Plan (Border Rivers) 2003 ;\n- (b) the Water Plan (Moonie) 2003 .","sortOrder":117},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":118},{"sectionNumber":"sec.93","sectionType":"section","heading":"Definition for division","content":"### sec.93 Definition for division\n\nIn this division—\nrepealed plan means—\nthe repealed Water Plan (Border Rivers) 2003 ; or\nthe repealed Water Plan (Moonie) 2003 .\n- (a) the repealed Water Plan (Border Rivers) 2003 ; or\n- (b) the repealed Water Plan (Moonie) 2003 .","sortOrder":119},{"sectionNumber":"sec.94","sectionType":"section","heading":"Applications for water licences made before commencement","content":"### sec.94 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 a repealed plan applied that was made, but not decided, before the commencement.\nIf the chief executive would not, under section 44, 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 44, to accept the application had it been made after the commencement, the application is to be decided under this plan.\n(sec.94-ssec.1) This section applies to an application for a water licence to take or interfere with water to which a repealed plan applied that was made, but not decided, before the commencement.\n(sec.94-ssec.2) If the chief executive would not, under section 44, 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.94-ssec.3) If the chief executive would be permitted, under section 44, to accept the application had it been made after the commencement, the application is to be decided under this plan.","sortOrder":120},{"sectionNumber":"sec.95","sectionType":"section","heading":"Applications for dealing with water licences made before commencement","content":"### sec.95 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 a 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 it 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 it been made after the commencement, the application is to be decided under this plan.\n(sec.95-ssec.1) This section applies to an application for a dealing with a water licence to take or interfere with water to which a repealed plan applied if the application was made, but not decided, before the commencement.\n(sec.95-ssec.2) If the granting of the application would be inconsistent with this plan had it 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.95-ssec.3) If the granting of the application would not be inconsistent with this plan had it been made after the commencement, the application is to be decided under this plan.","sortOrder":121},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Plan area and nodes","content":"# Plan area and nodes","sortOrder":122},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Modelled locations of nodes","content":"# Modelled locations of nodes","sortOrder":123},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Map of water supply schemes and water supply scheme zones","content":"# Map of water supply schemes and water supply scheme zones","sortOrder":124},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Description of water supply scheme zones","content":"# Description of water supply scheme zones","sortOrder":125},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Border Rivers catchment","content":"# Border Rivers catchment","sortOrder":126},{"sectionNumber":"sch.3-pt.1-div.1","sectionType":"division","heading":"Water management areas and zones","content":"## Water management areas and zones","sortOrder":127},{"sectionNumber":"sch.3-pt.1-div.2","sectionType":"division","heading":"Stanthorpe water management area","content":"## Stanthorpe water management area","sortOrder":128},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Moonie catchment","content":"# Moonie catchment","sortOrder":129},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Surface water","content":"# Surface water","sortOrder":130},{"sectionNumber":"sch.7-sec.1","sectionType":"section","heading":"Mean annual flow","content":"### sch.7-sec.1 Mean annual flow\n\nAn environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not less than what the performance indicator was immediately before the commencement.\nThe performance indicator, for nodes A, H and I, is the mean annual flow at each node as a percentage of the pre-development flow for the node.\nIn this section—\nmean annual flow , at a node, means the total volume of flow of water at the node in the simulation period, divided by the number of years in the simulation period.\npre-development flow , for a node, means the mean annual flow at the node simulated as if—\nthere were no dams or other water infrastructure in the plan area; and\nno water had been taken under authorisations in the plan area.\n(sch.7-sec.1-ssec.1) An environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not less than what the performance indicator was immediately before the commencement.\n(sch.7-sec.1-ssec.2) The performance indicator, for nodes A, H and I, is the mean annual flow at each node as a percentage of the pre-development flow for the node.\n(sch.7-sec.1-ssec.3) In this section— mean annual flow , at a node, means the total volume of flow of water at the node in the simulation period, divided by the number of years in the simulation period. pre-development flow , for a node, means the mean annual flow at the node simulated as if— there were no dams or other water infrastructure in the plan area; and no water had been taken under authorisations in the plan area.\n- (a) there were no dams or other water infrastructure in the plan area; and\n- (b) no water had been taken under authorisations in the plan area.","sortOrder":131},{"sectionNumber":"sch.7-sec.2","sectionType":"section","heading":"Days in no-flow periods to support waterhole persistence","content":"### sch.7-sec.2 Days in no-flow periods to support waterhole persistence\n\nAn environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not more than what the performance indicator was immediately before the commencement.\nThe performance indicator, for nodes A to K, is the total number of days in all no-flow periods at each node as a percentage of the total number of days in the simulation period.\nIn this section—\nno-flow period means a continuous period—\nthat is greater than—\nfor nodes A to I and K—1.5 years; or\nfor node J—0.9 years; and\nthat is during the simulation period; and\nduring which daily water flows at the node are no more than 5ML.\n(sch.7-sec.2-ssec.1) An environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not more than what the performance indicator was immediately before the commencement.\n(sch.7-sec.2-ssec.2) The performance indicator, for nodes A to K, is the total number of days in all no-flow periods at each node as a percentage of the total number of days in the simulation period.\n(sch.7-sec.2-ssec.3) In this section— no-flow period means a continuous period— that is greater than— for nodes A to I and K—1.5 years; or for node J—0.9 years; and that is during the simulation period; and during which daily water flows at the node are no more than 5ML.\n- (a) that is greater than— (i) for nodes A to I and K—1.5 years; or (ii) for node J—0.9 years; and\n- (i) for nodes A to I and K—1.5 years; or\n- (ii) for node J—0.9 years; and\n- (b) that is during the simulation period; and\n- (c) during which daily water flows at the node are no more than 5ML.\n- (i) for nodes A to I and K—1.5 years; or\n- (ii) for node J—0.9 years; and","sortOrder":132},{"sectionNumber":"sch.7-sec.3","sectionType":"section","heading":"Days between fish migration flow events","content":"### sch.7-sec.3 Days between fish migration flow events\n\nAn environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not more than what the performance indicator was immediately before the commencement.\nThe performance indicator, for nodes A to K, is the total number of days in all intervening periods for each node as a percentage of the total number of days in the simulation period.\nIn this section—\nfish migration flow event , for a node, means a continuous period of 1 or more days, between 1 September of a year and 31 May of the next year—\nstarting when the daily water flow at the node is more than the fish movement threshold stated for the node in the following table; and\nending when the daily water flow at the node is less than the fish movement threshold stated for the node in the following table.\nNode\nFish movement threshold (ML/day)\nA\n8,200\nB\n1,700\nC\n1,700\nD\n2,900\nE\n45,000\nF\n5,500\nG\n8,300\nH\n1,000\nI\n1,000\nJ\n14,000\nK\n1,000\nintervening period , for a node, means a period between fish migration flow events for the node that is—\n4 years or more; and\nduring the simulation period.\n(sch.7-sec.3-ssec.1) An environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not more than what the performance indicator was immediately before the commencement.\n(sch.7-sec.3-ssec.2) The performance indicator, for nodes A to K, is the total number of days in all intervening periods for each node as a percentage of the total number of days in the simulation period.\n(sch.7-sec.3-ssec.3) In this section— fish migration flow event , for a node, means a continuous period of 1 or more days, between 1 September of a year and 31 May of the next year— starting when the daily water flow at the node is more than the fish movement threshold stated for the node in the following table; and ending when the daily water flow at the node is less than the fish movement threshold stated for the node in the following table. Node Fish movement threshold (ML/day) A 8,200 B 1,700 C 1,700 D 2,900 E 45,000 F 5,500 G 8,300 H 1,000 I 1,000 J 14,000 K 1,000 intervening period , for a node, means a period between fish migration flow events for the node that is— 4 years or more; and during the simulation period.\n- (a) starting when the daily water flow at the node is more than the fish movement threshold stated for the node in the following table; and\n- (b) ending when the daily water flow at the node is less than the fish movement threshold stated for the node in the following table.\n- (a) 4 years or more; and\n- (b) during the simulation period.","sortOrder":133},{"sectionNumber":"sch.7-sec.4","sectionType":"section","heading":"Days between floodplain inundation events","content":"### sch.7-sec.4 Days between floodplain inundation events\n\nAn environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not more than what the performance indicator was immediately before the commencement.\nThe performance indicator, for nodes A to K, is the total number of days in all intervening periods for each node as a percentage of the total number of days in the simulation period.\nIn this section—\nfloodplain inundation event , for a node, means a daily water flow at the node that is equal to or more than the flow rate at which the floodplain starts to fill, as stated for the node in the following table.\nNode\nFlow rate (ML/day)\nA\n27,000\nB\n9,000\nC\n5,600\nD\n16,000\nE\n110,000\nF\n165,000\nG\n28,000\nH\n1,000\nI\n6,100\nJ\n14,000\nK\n7,500\nintervening period , for a node, means a continuous period of more than 4 years and 7 months, during the simulation period, between floodplain inundation events for the node.\n(sch.7-sec.4-ssec.1) An environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not more than what the performance indicator was immediately before the commencement.\n(sch.7-sec.4-ssec.2) The performance indicator, for nodes A to K, is the total number of days in all intervening periods for each node as a percentage of the total number of days in the simulation period.\n(sch.7-sec.4-ssec.3) In this section— floodplain inundation event , for a node, means a daily water flow at the node that is equal to or more than the flow rate at which the floodplain starts to fill, as stated for the node in the following table. Node Flow rate (ML/day) A 27,000 B 9,000 C 5,600 D 16,000 E 110,000 F 165,000 G 28,000 H 1,000 I 6,100 J 14,000 K 7,500 intervening period , for a node, means a continuous period of more than 4 years and 7 months, during the simulation period, between floodplain inundation events for the node.","sortOrder":134},{"sectionNumber":"sch.7-sec.5","sectionType":"section","heading":"Days with river-forming flow","content":"### sch.7-sec.5 Days with river-forming flow\n\nAn environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not less than what the performance indicator was immediately before the commencement.\nThe performance indicator, for nodes A to K, is the total number of days with a river-forming flow at each node as a percentage of the total number of days in the simulation period.\nIn this section—\nriver-forming flow , at a node, means a daily water flow at the node that is more than the flow threshold stated for the node in the following table.\nNode\nFlow threshold (ML/day)\nA\n22,000\nB\n9,000\nC\n4,400\nD\n9,600\nE\n110,000\nF\n165,000\nG\n73,000\nH\n1,000\nI\n4,600\nJ\n1,000\nK\n13,000\n(sch.7-sec.5-ssec.1) An environmental flow objective for surface water to which this plan applies is that the performance indicator mentioned in subsection (2) is not less than what the performance indicator was immediately before the commencement.\n(sch.7-sec.5-ssec.2) The performance indicator, for nodes A to K, is the total number of days with a river-forming flow at each node as a percentage of the total number of days in the simulation period.\n(sch.7-sec.5-ssec.3) In this section— river-forming flow , at a node, means a daily water flow at the node that is more than the flow threshold stated for the node in the following table. Node Flow threshold (ML/day) A 22,000 B 9,000 C 4,400 D 9,600 E 110,000 F 165,000 G 73,000 H 1,000 I 4,600 J 1,000 K 13,000","sortOrder":135},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Underground water","content":"# Underground water","sortOrder":136},{"sectionNumber":"sch.7-sec.6","sectionType":"section","heading":"Productive base","content":"### sch.7-sec.6 Productive base\n\nAn environmental flow objective for underground water to which this plan applies is that, at nodes L, M and N, the performance indicator mentioned in subsection (2) is at least the water level stated for each node in the following table.\nNode\n10 th percentile water level (mAHD)\nL\n320.3\nM\n290.5\nN\n215.1\nThe performance indicator, for nodes L, M and N, is the 10 th percentile water level during the simulation period.\n(sch.7-sec.6-ssec.1) An environmental flow objective for underground water to which this plan applies is that, at nodes L, M and N, the performance indicator mentioned in subsection (2) is at least the water level stated for each node in the following table. Node 10 th percentile water level (mAHD) L 320.3 M 290.5 N 215.1\n(sch.7-sec.6-ssec.2) The performance indicator, for nodes L, M and N, is the 10 th percentile water level during the simulation period.","sortOrder":137},{"sectionNumber":"sch.7-sec.7","sectionType":"section","heading":"Base flow","content":"### sch.7-sec.7 Base flow\n\nAn environmental flow objective for underground water to which this plan applies is that, at node M, the performance indicator mentioned in subsection (2) is at least 292.6mAHD.\nThe performance indicator, for node M, is the 90 th percentile water level during the simulation period.\n(sch.7-sec.7-ssec.1) An environmental flow objective for underground water to which this plan applies is that, at node M, the performance indicator mentioned in subsection (2) is at least 292.6mAHD.\n(sch.7-sec.7-ssec.2) The performance indicator, for node M, is the 90 th percentile water level during the simulation period.","sortOrder":138},{"sectionNumber":"sch.10-pt.1","sectionType":"part","heading":"Surface water","content":"# Surface water","sortOrder":139},{"sectionNumber":"sch.10-pt.2","sectionType":"part","heading":"Underground water","content":"# Underground water","sortOrder":140},{"sectionNumber":"sch.14-pt.1","sectionType":"part","heading":"Border Rivers catchment","content":"# Border Rivers catchment","sortOrder":141},{"sectionNumber":"sch.14-pt.2","sectionType":"part","heading":"Moonie catchment","content":"# Moonie catchment","sortOrder":142}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":563},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a water resource management plan. It replaces two earlier plans (Border Rivers 2003 and Moonie 2003) and consolidates their scope into a single comprehensive plan covering the same geographic area and water resources."},"complexity_factors":["Extensive cross-referencing to schedules (15 schedules referenced throughout)","Multiple nested definitions (water management areas, zones, sub-areas, sub-units, nodes)","Complex conditional logic for water licence applications and conversions","Numerous date-based cutoffs and grandfathering provisions (e.g., works constructed before specific dates)","Integration with other legislation including the Water Act 2000, Water Regulation 2016, and Basin Plan","Technical hydrological concepts (percentile water levels, simulation periods, hydraulic connectivity)","Multiple computer programs referenced for modelling (eWater Source, MODFLOW, IQQM)","Detailed performance indicators with mathematical calculations required"],"plain_english_summary":"This is a **Queensland water resource plan** that manages how water is shared and used in the **Border Rivers and Moonie river systems** in southern Queensland, near the New South Wales border.\n\n**What it does:**\n- **Defines water availability** — Sets out how much surface water (rivers, creeks, overland flow) and underground water (groundwater) can be used\n- **Creates a sustainable management framework** — Balances economic, social, cultural and environmental needs for water\n- **Establishes zones and rules** — Divides the area into catchments, water management areas, underground water units and trading zones with specific rules for each\n- **Sets environmental protections** — Includes objectives to protect fish migration, waterholes, floodplains and groundwater-dependent ecosystems\n- **Manages water entitlements** — Governs how water licences and water allocations (tradeable water rights) are granted, converted and traded\n- **Limits water taking** — Restricts how much water can be taken for irrigation, stock, domestic and other purposes\n\n**Who it affects:**\n- Farmers and irrigators who take water from rivers or groundwater\n- Local governments managing town water supplies\n- Aboriginal communities with cultural and spiritual connections to water\n- Anyone with existing water licences or seeking new water entitlements\n- Environmental water holders protecting river health\n\n**Why it matters:**\nThis plan replaced two older water plans (from 2003) to better manage water in a region that crosses state boundaries. It ensures water is shared fairly between Queensland and New South Wales, protects the environment while supporting agriculture and communities, and allows water trading to move water to where it's most valuable."},"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"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This plan consolidates and replaces the earlier Water Plan (Border Rivers) 2003 and Water Plan (Moonie) 2003 (s.92). Compared with a simple successor plan, it materially expands and specifies the regulatory architecture: it (1) declares particular underground water (Border Rivers Fractured Rock in the Granite Belt) to be overland flow under stated conditions (s.7); (2) mandates wide-ranging metering, reporting and monitoring obligations with firm deadlines (s.25); (3) provides detailed, prescriptive conversion processes to turn selected historic permits and licences into converted water allocations with formula-driven volumetric limits and nominal volumes, affecting entitlement size and tradability (ss.72–78, 82–87); (4) introduces specific owner-rights and allocation processes for overland flow works, including criteria to grant licences where historic use may have increased take (ss.46, 56–63); and (5) embeds model-based decision-making and performance indicators tied to fixed nodes and tools (s.17, s.37, sch.7). Those additions shift the instrument from a high-level allocation framework to a detailed implementation regime that changes how entitlements are recorded, measured and traded, and that centralises many technical decisions with the chief executive."},"complexity_factors":["Extensive length and structure: 13 Parts plus multiple divisions and schedules (schedules 1–15 referenced).","Many defined terms and cross-references to the Water Act and Water Regulation (e.g. ss.6, 10, 25, 37, 89).","Multiple conditional rules and nested exceptions (notably ss.7, 35–41, 45–47, 51–56, 72–78, 82–87).","Technical dependency on hydrological models and specific decision-support tools (eWater Source, MODFLOW, IQQM; ss.17, 37, sch.7).","Detailed conversion formulas and calculation rules for volumetric limits, nominal volumes and maximum rates across different zones (ss.53, 59–60, 76–78).","Separate rules for surface water, overland flow water and various underground water units/sub-units and zones (parts 2, 8, 11; schs.3–6,7,10,14).","Multiple time-bound obligations and deadlines (metering deadlines, publication and strategy dates in s.25; staged conversion/granting periods).","Provisions delegating substantial discretionary authority to the chief executive across many decisions (e.g. ss.25, 37, 45–46, 62, 89).","Interstate trading and coordination requirements with New South Wales left to protocol detail (s.89–90), increasing dependence on secondary instruments.","Transitional and savings provisions for pre-existing applications and replacement of earlier plans (pts.12–13; ss.92–95) that add conditional complexity."],"plain_english_summary":"**What this plan does (mechanics first)\n\n- Replaces the older Border Rivers and Moonie plans and sets the legal rules for who may take water, how much, where from, and under what conditions across the Border Rivers and Moonie plan area (s.92; schs.1–6).  \n\n- Defines the area, the kinds of water covered (surface, and most underground water), and the mapping and model points (nodes) used for technical decisions (s.6–8, 14–18).  \n\n- Declares certain shallow underground water in a named fractured-rock unit to be treated as overland flow water if it meets depth and connectivity tests (s.7).  \n\n- Sets environmental, social, cultural and economic outcomes the plan must pursue and links a series of measurable objectives and performance indicators (parts 3–5; schedules 7, 8, 9).  Key technical measures rely on hydrological models (eWater Source, MODFLOW) and fixed model nodes to test proposed changes against objectives (s.17, s.28–31, s.37).  \n\n- Imposes mandatory measurement, reporting and monitoring duties: all water allocations and many licences must be metered by set deadlines; the chief executive must publish an annual water-use report and a monitoring, evaluation and reporting strategy (s.25).  \n\n- Restricts new or increased taking of water in several ways: decisions under chapter 2 of the Water Act must not increase the average volume taken under the plan (s.35); there are specific limits and ‘‘existing works’’ rules for taking overland flow and underground water (ss.38–41).  \n\n- Provides for conversion of certain existing permits and licences into formal water allocations (converted water allocations) with specified ways to calculate volumetric limits, nominal volumes and maximum take rates (ss.72–78; ss.82–87).  \n\n- Creates tailored rules for overland flow water: which works qualify as ‘‘existing’’ works; how owners may get licences; how maximum rates, storage and average annual volumes are worked out; and criteria for granting licences where historic use may have increased take (ss.39, 46, 56–63).  \n\n- Sets trading zones and says trading rules, seasonal assignment rules and interstate arrangements (with New South Wales) will be set out in a separate water management protocol for the plan area (s.16, s.89–90).  \n\n\nWho is affected\n\n- Existing water entitlement holders and anyone with existing works (bore owners, owners of overland-flow storage) — their authorisations may be converted, limited, or conditioned (ss.51–55, 72–78, 82–87).  \n- Prospective new users — many new takes are blocked unless they use ‘‘existing works’’ or meet specific exemption rules (ss.38–41, 44–46).  \n- Landowners with overland-flow works — they may need to provide certified reports and could be required to obtain or be refused licences depending on historic use and modelled impacts (ss.57–62).  \n- Local governments — there is a special pathway allowing local governments to apply to interfere with flows to impound water for town supply, but only if they follow change-application rules (s.45, s.47).  \n- Aboriginal people and communities — the plan requires consideration of cultural water requirements and a report on flow requirements to support cultural values (s.20, s.27).  \n- The Commonwealth Environmental Water Holder (CEWH) — the plan recognises environmental entitlements and requires the plan to maintain the probability of being able to take water held for environmental benefit (s.24).  \n\n\nWhy it matters (official purpose, then practical trade-offs)\n\nOfficial purpose (stated): to define water availability, provide a sustainable management framework, set allocation processes and to identify ways to reverse, where practicable, ecosystem degradation caused by historic water taking and interference (s.2).  \n\nPractical costs, incentives and trade-offs to note:  \n- Compliance and monitoring costs sit mainly with water users: meters, certified reports, record-keeping for contaminated agricultural run-off, and data provision (ss.25, 62, 88).  \n- The chief executive (department) gains broad discretionary decision-making power on accepting applications, setting rates, locations and conditions, producing the water management protocol and publishing determinations (e.g. ss.25, 37, 45–46, 89). That concentrates decision power in the regulator and raises implementation and transparency demands.  \n- The plan restricts expansion of total authorised take (s.35) and tightly controls new overland-flow and underground takes (ss.38–41). That creates a clear barrier to growth in aggregate extraction but preserves existing authorisations (converted allocations and ancillary licences), producing concentrated benefits to holders of historical rights and potential adjustment costs for others.  \n- Converting existing authorisations into defined allocations (ss.72–78, 82–87) standardises entitlements and enables market operation (trading zones), but conversion formulas (area × factor, pump-size rules, assessments of past take) can change nominal volumes and therefore value. Those conversion choices create redistribution effects between users and affect market liquidity and prices.  \n- Reliance on modelling (specified model programs, nodes and decision-support tools; ss.17, 37, sch.7) means outcomes depend on model assumptions and data quality. That creates implementation risk: disputed model inputs or calibration can materially change whether a proposed licence or conversion meets objectives.  \n- The plan requires publication and monitoring steps (s.25, s.89) that, if implemented, increase transparency and allow measurement against objectives; but they also impose administrative cost on the department and produce workload concentration around deadlines (e.g. meters by 2022/2025).  \n\nConcentrated benefits and diffuse costs to watch for: converted entitlements, ancillary licences and holders of ‘‘existing works’’ are likely to hold concentrated, tradable property-like rights. The wider community faces diffuse costs in the form of compliance, potential reductions in available irrigation or storage capacity, and limits to new take. Those trade-offs are implemented through many cross-referenced technical rules and conversion formulas (see ss.51–53; ss.72–79).  \n\n\nWho pays, who decides and what changes behaviour (short):\n- Who pays: licensed water users and landowners (metering, reporting, certified reports), plus potential administrative costs carried by local government when applying to impound for town supply (s.25, ss.45–46, 62, 88).  \n- Who decides: the chief executive (department) has primary decision authority for accepting applications, determining locations, setting conditions and publishing protocol and reports (e.g. ss.25, 37, 45, 46, 89–90).  \n- Behaviour changes: users must meter and report, may be prevented from expanding taking unless via conversion pathways, may need to apply for conversion or licences to continue historic extraction, and may change practices to avoid storage prohibitions or to fit volumetric limits and pump-size caps (multiple sections: ss.25, 35–41, 51–78). \n\n\nImplementation and compliance risks\n\n- Heavy reliance on hydrological models and decision-support tools (s.37; sch.7): different modelling choices can materially affect whether objectives are met and whether applications are approved.  \n- Tight timelines and multiple reports to be delivered by the chief executive increase risk of delayed implementation and transitional uncertainty (s.25 deadlines).  \n- Many cross-references to other instruments (the Water Act, Water Regulation, State planning codes, and the water management protocol) mean practical application will depend on parallel regulatory work (s.5, s.25, s.89).  \n\n\nSelected important cross-references (examples)\n\n- Measurement and reporting deadlines: s.25.  \n- Limits on increases in total take: s.35.  \n- Rules for overland flow works and owner allocation process: ss.39, 46, 56–63.  \n- Conversion of existing authorisations to converted allocations and how volumetric limits and rates are set: ss.72–78 (surface) and ss.82–87 (underground).  \n- Requirement for a water management protocol setting trading and seasonal assignment rules: s.89.  \n\n\nBottom line: The plan translates broad sustainability and ecosystem objectives into detailed, enforceable rules that (a) fix mapping and modelling infrastructure, (b) limit future expansion of take, (c) convert many historic entitlements into formal allocations with defined volumes and rates, and (d) impose metering, reporting and monitoring duties. The centre of operational control is the chief executive, who must implement the protocol, assess applications using the specified models and publish performance information. These mechanics create compliance costs and redistribution effects among water users while embedding measurable environmental and security objectives intended to constrain aggregate extraction (see ss.2, 20, 24, 30–31)."},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The plan appears to operate within its originally stated scope: managing water resources in the Border Rivers and Moonie catchments of Queensland. It replaces earlier water planning instruments for the same geographic area and water resources. The inclusion of Aboriginal cultural water outcomes and climate change considerations reflect contemporary policy expectations in Queensland water planning rather than a departure from the original intent. The plan's scope is consistent with its stated purposes of defining water availability, managing allocations, and protecting ecosystems in the plan area."},"complexity_factors":["Multiple overlapping geographic classifications: catchments, water management areas, water management area zones, water supply schemes, underground water management areas, sub-areas, units, sub-units, and trading zones — each with different legal consequences","Dual water type regulation: separate rules for surface water, overland flow water, and underground water, with different frameworks for each","Cross-jurisdictional complexity: must comply with both Queensland water law and the Commonwealth Murray-Darling Basin Plan, including sustainable diversion limits negotiated with New South Wales","Heavy reliance on schedules: 15 schedules containing maps, tables, volumes, objectives, and performance indicators that are integral to understanding the operative provisions but not reproduced in the main body","Technically complex compliance assessment: requires use of specific computer modelling programs (eWater Source, MODFLOW, Border Rivers Alluvium deep decision support tool) to assess whether decisions are lawful","Multiple date-specific transitional provisions with different cut-off dates for different water units (e.g., 6 July 2016 for Granite Belt, 19 December 2014 for Border Rivers Alluvium, commencement date for Queensland Murray-Darling Basin deep)","Aboriginal cultural water rights formally incorporated but expressed in aspirational terms requiring further investigation and reporting","Performance ratios and annual announcement volume probabilities used as legal benchmarks, requiring hydrological expertise to interpret","Interactions with multiple other legal instruments: Water Act 2000, Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017, Water Supply (Safety and Reliability) Act 2008, Planning Regulation 2017, and the Basin Plan","Underground water declared as overland flow water in certain circumstances, creating a legally hybrid category with its own rules"],"plain_english_summary":"The Water Plan (Border Rivers and Moonie) 2019 is Queensland’s legal framework for sharing, using and protecting surface and groundwater in the cross-border Border Rivers and Moonie catchments. It caps total extraction, sets environmental flow objectives, controls licences and trading, requires metering, restricts most new waterworks, and recognises Aboriginal cultural water values. It mainly affects irrigators, landowners, miners, councils, Aboriginal communities and anyone trading entitlements, and ensures compliance with Murray‑Darling Basin sustainable diversion limits."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-border-rivers-and-moonie-2019","history":"/api/acts/water-plan-border-rivers-and-moonie-2019/history","analysis":"/api/acts/water-plan-border-rivers-and-moonie-2019/analysis","conflicts":"/api/acts/water-plan-border-rivers-and-moonie-2019/conflicts","importantCases":"/api/acts/water-plan-border-rivers-and-moonie-2019/important-cases","documents":"/api/acts/water-plan-border-rivers-and-moonie-2019/documents"}}