{"id":"qld:sl-2007-0189","name":"Water Plan (Burdekin Basin) 2007","slug":"water-plan-burdekin-basin-2007","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"189 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175848,"registerId":"qld-qld:sl-2007-0189-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 water plan may be cited as the Water Plan (Burdekin Basin) 2007 .\ns 1 sub 2014 Act No. 64 s 255 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of plan","content":"### sec.2 Purposes of plan\n\nThe following are the purposes of this plan—\nto define the availability of water in the plan area;\nto provide a framework for sustainably managing water and the taking of water;\nto identify priorities and mechanisms for dealing with future water requirements;\nto provide a framework for establishing water allocations;\nto provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;\nto regulate the taking of overland flow water.\n- (a) to define the availability of water in the plan area;\n- (b) to provide a framework for sustainably managing water and the taking of water;\n- (c) to identify priorities and mechanisms for dealing with future water requirements;\n- (d) to provide a framework for establishing water allocations;\n- (e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;\n- (f) to regulate the taking of overland flow water.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 10 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Meaning of existing overland flow works","content":"### sec.3A Meaning of existing overland flow works\n\nWorks to take overland flow water are existing overland flow works if the works—\nwere in existence on 17 January 2002; or\nwere started, but not completed, by 17 January 2002 and either—\nif section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or\nif subparagraph (i) does not apply—were completed by 30 June 2002; or\nare works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.\nAlso, works that are a reconfiguration of works mentioned in subsection (1) ( reconfigured works ) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.\nIn this section—\naverage annual volume , of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period—\nstarting on the later of the following days (the start date )—\nthe day the water was first taken using the works before the works were reconfigured;\n3 August 1997; and\nending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.\nrepealed , for a section of the Act , means the section as in force from time to time before 6 December 2016.\nsection 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act .\nsection 42 moratorium notice means the moratorium notice—\npublished on 17 January 2002 under section 42 of the Act as that section was in force on that day; and\nas amended on 25 July 2002.\ns 3A ins 2019 SL No. 120 s 3\n(sec.3A-ssec.1) Works to take overland flow water are existing overland flow works if the works— were in existence on 17 January 2002; or were started, but not completed, by 17 January 2002 and either— if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or if subparagraph (i) does not apply—were completed by 30 June 2002; or are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.\n(sec.3A-ssec.2) Also, works that are a reconfiguration of works mentioned in subsection (1) ( reconfigured works ) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.\n(sec.3A-ssec.3) In this section— average annual volume , of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period— starting on the later of the following days (the start date )— the day the water was first taken using the works before the works were reconfigured; 3 August 1997; and ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured. repealed , for a section of the Act , means the section as in force from time to time before 6 December 2016. section 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act . section 42 moratorium notice means the moratorium notice— published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and as amended on 25 July 2002.\n- (a) were in existence on 17 January 2002; or\n- (b) were started, but not completed, by 17 January 2002 and either— (i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or (ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or\n- (i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or\n- (ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or\n- (c) are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.\n- (i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or\n- (ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or\n- (a) starting on the later of the following days (the start date )— (i) the day the water was first taken using the works before the works were reconfigured; (ii) 3 August 1997; and\n- (i) the day the water was first taken using the works before the works were reconfigured;\n- (ii) 3 August 1997; and\n- (b) ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.\n- (i) the day the water was first taken using the works before the works were reconfigured;\n- (ii) 3 August 1997; and\n- (a) published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and\n- (b) as amended on 25 July 2002.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Plan area, water to which plan applies and other matters","content":"# Plan area, water to which plan applies and other matters","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Plan area","content":"### sec.4 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 .","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Subcatchment areas","content":"### sec.5 Subcatchment areas\n\nEach part of the plan area shown as a subcatchment area on the map in schedule 2 is a subcatchment area for this plan.\nEach subcatchment area is identified on the map by a letter.\nSubcatchment area B is identified on the map by the letter ‘B’.\ns 5 sub 2019 SL No. 120 s 5\n(sec.5-ssec.1) Each part of the plan area shown as a subcatchment area on the map in schedule 2 is a subcatchment area for this plan.\n(sec.5-ssec.2) Each subcatchment area is identified on the map by a letter. Subcatchment area B is identified on the map by the letter ‘B’.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Water management areas— Act , sch 4","content":"### sec.6 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 2A is a water management area.\nEach water management area is identified on the map by its name.\ns 6 sub 2019 SL No. 120 s 5\n(sec.6-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 2A is a water management area.\n(sec.6-ssec.2) Each water management area is identified on the map by its name.","sortOrder":8},{"sectionNumber":"sec.6A","sectionType":"section","heading":null,"content":"### Section sec.6A\n\ns 6A ins 2017 SL No. 7 s 4\nom 2019 SL No. 120 s 5","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Water allocation zones","content":"### sec.7 Water allocation zones\n\nEach part of the plan area shown as a water allocation zone on a map in schedule 2B is a water allocation zone for this plan.\nEach water allocation zone is identified on the map by its name.\ns 7 sub 2019 SL No. 120 s 5\n(sec.7-ssec.1) Each part of the plan area shown as a water allocation zone on a map in schedule 2B is a water allocation zone for this plan.\n(sec.7-ssec.2) Each water allocation zone is identified on the map by its name.","sortOrder":10},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Water licence zones","content":"### sec.7A Water licence zones\n\nEach part of the plan area shown as a water licence zone on the map in schedule 2C is a water licence zone for this plan.\nEach water licence zone is identified on the map by its name.\ns 7A ins 2019 SL No. 120 s 5\n(sec.7A-ssec.1) Each part of the plan area shown as a water licence zone on the map in schedule 2C is a water licence zone for this plan.\n(sec.7A-ssec.2) Each water licence zone is identified on the map by its name.","sortOrder":11},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Trading zones— Act , s 43","content":"### sec.7B Trading zones— Act , s 43\n\nFor section 43 (1) (e) (i) of the Act , each water allocation zone is a trading zone for water allocations to which this plan applies.\ns 7B ins 2019 SL No. 120 s 5","sortOrder":12},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Declarations about watercourses— Act , s 1006","content":"### sec.7C Declarations about watercourses— Act , s 1006\n\nWater is declared to be water in a watercourse in the Giru Benefited Groundwater Area if the water is—\nin an aquifer under the watercourse, or under land adjacent to the watercourse; and\nhydraulically connected to the watercourse.\nWater is declared to be water in a watercourse in subcatchment area E, F or G if the water is—\nin an aquifer under the watercourse; and\nhydraulically connected to the watercourse.\ns 7C ins 2019 SL No. 120 s 5\n(sec.7C-ssec.1) Water is declared to be water in a watercourse in the Giru Benefited Groundwater Area if the water is— in an aquifer under the watercourse, or under land adjacent to the watercourse; and hydraulically connected to the watercourse.\n(sec.7C-ssec.2) Water is declared to be water in a watercourse in subcatchment area E, F or G if the water is— in an aquifer under the watercourse; and hydraulically connected to the watercourse.\n- (a) in an aquifer under the watercourse, or under land adjacent to the watercourse; and\n- (b) hydraulically connected to the watercourse.\n- (a) in an aquifer under the watercourse; and\n- (b) hydraulically connected to the watercourse.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Information about areas","content":"### sec.8 Information about areas\n\nThe exact locations of the boundaries of the following are held in digital electronic form by the department—\nthe plan area;\nsubcatchment areas;\nwater management areas;\nwater allocation zones;\nwater licence zones;\nthe Giru Benefited Groundwater Area.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.\ns 8 amd 2017 SL No. 7 s 5 ; 2019 SL No. 120 s 6\n(sec.8-ssec.1) The exact locations of the boundaries of the following are held in digital electronic form by the department— the plan area; subcatchment areas; water management areas; water allocation zones; water licence zones; the Giru Benefited Groundwater Area.\n(sec.8-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.\n- (a) the plan area;\n- (b) subcatchment areas;\n- (c) water management areas;\n- (d) water allocation zones;\n- (e) water licence zones;\n- (f) the Giru Benefited Groundwater Area.","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Nodes","content":"### sec.9 Nodes\n\nA node mentioned in this plan is a place on a watercourse in the plan area.\nThe location of each node is shown on the map in schedule 1 and described in schedule 4 .\nEach node is identified on the map by a number.\n(sec.9-ssec.1) A node mentioned in this plan is a place on a watercourse in the plan area.\n(sec.9-ssec.2) The location of each node is shown on the map in schedule 1 and described in schedule 4 .\n(sec.9-ssec.3) Each node is identified on the map by a number.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Water to which plan applies","content":"### sec.10 Water to which plan applies\n\nThis plan applies to the following water in the plan area—\nwater in a watercourse or lake;\nwater in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;\noverland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.\ns 10 amd 2016 SL No. 216 s 146 sch 20 ; 2017 SL No. 164 s 80\n- (a) water in a watercourse or lake;\n- (b) water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;\n- (c) overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Water plan outcomes","content":"# Water plan outcomes","sortOrder":17},{"sectionNumber":"sec.11","sectionType":"section","heading":"Outcomes for water in plan area","content":"### sec.11 Outcomes for water in plan area\n\nWater is to be allocated and sustainably managed in a way that—\nrecognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and\nseeks to achieve a balance in the following outcomes—\nthe general outcomes mentioned in section 12 ;\nthe general ecological outcomes mentioned in section 13 ;\nthe specific ecological outcomes mentioned in section 14 .\n- (a) recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and\n- (b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 12 ; (ii) the general ecological outcomes mentioned in section 13 ; (iii) the specific ecological outcomes mentioned in section 14 .\n- (i) the general outcomes mentioned in section 12 ;\n- (ii) the general ecological outcomes mentioned in section 13 ;\n- (iii) the specific ecological outcomes mentioned in section 14 .\n- (i) the general outcomes mentioned in section 12 ;\n- (ii) the general ecological outcomes mentioned in section 13 ;\n- (iii) the specific ecological outcomes mentioned in section 14 .","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"General outcomes","content":"### sec.12 General outcomes\n\nEach of the following is a general outcome for water in the plan area—\nto provide for the use of all water entitlements and other authorisations in the plan area;\nto provide for the continued use of all existing overland flow works;\nto protect the probability of being able to take water under a water allocation;\nto make water available to support—\npopulation growth in towns and communities dependent on surface water resources in the plan area; and\ngrowth in industries dependent on surface water resources in the plan area;\nto make water available in the Lower Burdekin and Haughton subcatchments to support—\nwater supplies for Townsville; and\ngrowth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and\nwater supplies for other urban, industrial and mining uses; and\nthe natural and artificial recharge of the Lower Burdekin delta groundwater system;\nto make water available in the Upper Burdekin subcatchment to support—\ngrowth in irrigated agriculture; and\nwater supplies for the local government area of the Charters Towers Regional Council and the mining industry;\nto make water available in the Belyando-Suttor subcatchment to support growth in irrigated agriculture;\nto make water available in the Bowen and Broken subcatchments to support water supplies for urban, industrial, mining and other uses at Collinsville and in neighbouring areas;\nto manage access to water to support the ongoing management of the Lower Burdekin delta groundwater system;\nto encourage continual improvement in the efficient use of water;\nto support water-related cultural values of Aboriginal and Torres Strait Islander communities in the plan area;\nto ensure water is available to support natural ecosystem processes.\ns 12 amd 2017 SL No. 7 s 7\n- (a) to provide for the use of all water entitlements and other authorisations in the plan area;\n- (b) to provide for the continued use of all existing overland flow works;\n- (c) to protect the probability of being able to take water under a water allocation;\n- (d) to make water available to support— (i) population growth in towns and communities dependent on surface water resources in the plan area; and (ii) growth in industries dependent on surface water resources in the plan area;\n- (i) population growth in towns and communities dependent on surface water resources in the plan area; and\n- (ii) growth in industries dependent on surface water resources in the plan area;\n- (e) to make water available in the Lower Burdekin and Haughton subcatchments to support— (i) water supplies for Townsville; and (ii) growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and (iii) water supplies for other urban, industrial and mining uses; and (iv) the natural and artificial recharge of the Lower Burdekin delta groundwater system;\n- (i) water supplies for Townsville; and\n- (ii) growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and\n- (iii) water supplies for other urban, industrial and mining uses; and\n- (iv) the natural and artificial recharge of the Lower Burdekin delta groundwater system;\n- (f) to make water available in the Upper Burdekin subcatchment to support— (i) growth in irrigated agriculture; and (ii) water supplies for the local government area of the Charters Towers Regional Council and the mining industry;\n- (i) growth in irrigated agriculture; and\n- (ii) water supplies for the local government area of the Charters Towers Regional Council and the mining industry;\n- (g) to make water available in the Belyando-Suttor subcatchment to support growth in irrigated agriculture;\n- (h) to make water available in the Bowen and Broken subcatchments to support water supplies for urban, industrial, mining and other uses at Collinsville and in neighbouring areas;\n- (i) to manage access to water to support the ongoing management of the Lower Burdekin delta groundwater system;\n- (j) to encourage continual improvement in the efficient use of water;\n- (k) to support water-related cultural values of Aboriginal and Torres Strait Islander communities in the plan area;\n- (l) to ensure water is available to support natural ecosystem processes.\n- (i) population growth in towns and communities dependent on surface water resources in the plan area; and\n- (ii) growth in industries dependent on surface water resources in the plan area;\n- (i) water supplies for Townsville; and\n- (ii) growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and\n- (iii) water supplies for other urban, industrial and mining uses; and\n- (iv) the natural and artificial recharge of the Lower Burdekin delta groundwater system;\n- (i) growth in irrigated agriculture; and\n- (ii) water supplies for the local government area of the Charters Towers Regional Council and the mining industry;","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"General ecological outcomes","content":"### sec.13 General ecological outcomes\n\nEach of the following is a general ecological outcome for water in the plan area—\nto maintain the natural variability of flows that support the habitats of native plants and animals and migratory birds in watercourses, floodplains, wetlands, lakes and springs;\nto provide for the continued capability of one part of a river system to be connected to another, including by maintaining flood flows that—\nallow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and\ndeliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and\ndeliver water and sediments throughout the plan area to support river-forming processes;\nto minimise changes to natural variability in water levels and to support natural ecological processes, including maintaining refugia associated with waterholes and lakes particularly in the Belyando-Suttor subcatchment;\nto promote improved understanding of the matters affecting the flow-related health of ecosystems in the plan area;\nto maintain flooding in the Lower Burdekin and Haughton subcatchments to provide freshwater inputs to wetlands on the Burdekin Haughton floodplain;\nto provide a flow regime that—\nmaintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and\nmaintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and\nsupports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.\nIn this section—\nrefugia means the habitat required by a species during a time of stress, including, for example, drought.\n(sec.13-ssec.1) Each of the following is a general ecological outcome for water in the plan area— to maintain the natural variability of flows that support the habitats of native plants and animals and migratory birds in watercourses, floodplains, wetlands, lakes and springs; to provide for the continued capability of one part of a river system to be connected to another, including by maintaining flood flows that— allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and deliver water and sediments throughout the plan area to support river-forming processes; to minimise changes to natural variability in water levels and to support natural ecological processes, including maintaining refugia associated with waterholes and lakes particularly in the Belyando-Suttor subcatchment; to promote improved understanding of the matters affecting the flow-related health of ecosystems in the plan area; to maintain flooding in the Lower Burdekin and Haughton subcatchments to provide freshwater inputs to wetlands on the Burdekin Haughton floodplain; to provide a flow regime that— maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.\n(sec.13-ssec.2) In this section— refugia means the habitat required by a species during a time of stress, including, for example, drought.\n- (a) to maintain the natural variability of flows that support the habitats of native plants and animals and migratory birds in watercourses, floodplains, wetlands, lakes and springs;\n- (b) to provide for the continued capability of one part of a river system to be connected to another, including by maintaining flood flows that— (i) allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and (ii) deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and (iii) deliver water and sediments throughout the plan area to support river-forming processes;\n- (i) allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and\n- (ii) deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and\n- (iii) deliver water and sediments throughout the plan area to support river-forming processes;\n- (c) to minimise changes to natural variability in water levels and to support natural ecological processes, including maintaining refugia associated with waterholes and lakes particularly in the Belyando-Suttor subcatchment;\n- (d) to promote improved understanding of the matters affecting the flow-related health of ecosystems in the plan area;\n- (e) to maintain flooding in the Lower Burdekin and Haughton subcatchments to provide freshwater inputs to wetlands on the Burdekin Haughton floodplain;\n- (f) to provide a flow regime that— (i) maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and (ii) maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and (iii) supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.\n- (i) maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and\n- (ii) maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and\n- (iii) supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.\n- (i) allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and\n- (ii) deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and\n- (iii) deliver water and sediments throughout the plan area to support river-forming processes;\n- (i) maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and\n- (ii) maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and\n- (iii) supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Specific ecological outcomes","content":"### sec.14 Specific ecological outcomes\n\nEach of the following is a specific ecological outcome for water in the plan area—\nto maintain the natural continuity of flow from immediately downstream of the Charters Towers Weir to the upstream limit of the impounded area of the Burdekin Falls Dam;\nto maintain connectivity between Mistake Creek and its adjacent floodplain system during floods;\nto minimise adverse impacts on the morphology of watercourses, waterholes, lakes and springs, used for taking supplemented water, in the Burdekin Haughton Water Supply Scheme;\nto ensure there are no further impacts on natural creek flows in the Barratta Creek system;\nto provide a flow regime that supports fish passage in the river reaches from the Clare Weir impoundment to the mouth of the Burdekin River;\nto provide a flow regime that supports fish passage in the river reaches to the mouth of the Haughton River.\n- (a) to maintain the natural continuity of flow from immediately downstream of the Charters Towers Weir to the upstream limit of the impounded area of the Burdekin Falls Dam;\n- (b) to maintain connectivity between Mistake Creek and its adjacent floodplain system during floods;\n- (c) to minimise adverse impacts on the morphology of watercourses, waterholes, lakes and springs, used for taking supplemented water, in the Burdekin Haughton Water Supply Scheme;\n- (d) to ensure there are no further impacts on natural creek flows in the Barratta Creek system;\n- (e) to provide a flow regime that supports fish passage in the river reaches from the Clare Weir impoundment to the mouth of the Burdekin River;\n- (f) to provide a flow regime that supports fish passage in the river reaches to the mouth of the Haughton River.","sortOrder":21},{"sectionNumber":"pt.4","sectionType":"part","heading":"Performance indicators and objectives","content":"# Performance indicators and objectives","sortOrder":22},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Environmental flow objectives","content":"## Environmental flow objectives","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Performance indicators for environmental flow objectives","content":"### sec.15 Performance indicators for environmental flow objectives\n\nThe performance indicators for the environmental flow objectives are—\nfor assessing periods of low flow, the following—\n50% non-zero daily flow;\n80% non-zero daily flow;\ndaily flow;\nperiod of no flow; and\nfor assessing periods of medium to high flow, the following—\nmean annual flow;\nmedian annual flow;\n1.5 year daily flow volume;\n5 year daily flow volume;\n20 year daily flow volume;\nannual proportional flow deviation.\n- (a) for assessing periods of low flow, the following— (i) 50% non-zero daily flow; (ii) 80% non-zero daily flow; (iii) daily flow; (iv) period of no flow; and\n- (i) 50% non-zero daily flow;\n- (ii) 80% non-zero daily flow;\n- (iii) daily flow;\n- (iv) period of no flow; and\n- (b) for assessing periods of medium to high flow, the following— (i) mean annual flow; (ii) median annual flow; (iii) 1.5 year daily flow volume; (iv) 5 year daily flow volume; (v) 20 year daily flow volume; (vi) annual proportional flow deviation.\n- (i) mean annual flow;\n- (ii) median annual flow;\n- (iii) 1.5 year daily flow volume;\n- (iv) 5 year daily flow volume;\n- (v) 20 year daily flow volume;\n- (vi) annual proportional flow deviation.\n- (i) 50% non-zero daily flow;\n- (ii) 80% non-zero daily flow;\n- (iii) daily flow;\n- (iv) period of no flow; and\n- (i) mean annual flow;\n- (ii) median annual flow;\n- (iii) 1.5 year daily flow volume;\n- (iv) 5 year daily flow volume;\n- (v) 20 year daily flow volume;\n- (vi) annual proportional flow deviation.","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.16 Environmental flow objectives\n\nThe environmental flow objectives are stated in schedule 5 .\ns 16 amd 2019 SL No. 120 s 7","sortOrder":25},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Water allocation security objectives","content":"## Water allocation security objectives","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Performance indicators for water allocation security objectives","content":"### sec.17 Performance indicators for water allocation security objectives\n\nThis section states the performance indicators for this plan for the water allocation security objectives.\nThe performance indicators for taking water in subcatchment areas A, B, C and D are—\nfor taking supplemented water, the following—\nthe annual supplemented water sharing index;\nthe monthly supplemented water sharing index; and\nfor taking unsupplemented water, the following—\nthe 30% unsupplemented water sharing index;\nthe 50% unsupplemented water sharing index;\nthe 70% unsupplemented water sharing index;\nthe annual volume probability.\nThe performance indicator for taking water in subcatchment areas F and G is the annual volume probability.\ns 17 sub 2019 SL No. 120 s 8\n(sec.17-ssec.1) This section states the performance indicators for this plan for the water allocation security objectives.\n(sec.17-ssec.2) The performance indicators for taking water in subcatchment areas A, B, C and D are— for taking supplemented water, the following— the annual supplemented water sharing index; the monthly supplemented water sharing index; and for taking unsupplemented water, the following— the 30% unsupplemented water sharing index; the 50% unsupplemented water sharing index; the 70% unsupplemented water sharing index; the annual volume probability.\n(sec.17-ssec.3) The performance indicator for taking water in subcatchment areas F and G is the annual volume probability.\n- (a) for taking supplemented water, the following— (i) the annual supplemented water sharing index; (ii) the monthly supplemented water sharing index; and\n- (i) the annual supplemented water sharing index;\n- (ii) the monthly supplemented water sharing index; and\n- (b) for taking unsupplemented water, the following— (i) the 30% unsupplemented water sharing index; (ii) the 50% unsupplemented water sharing index; (iii) the 70% unsupplemented water sharing index; (iv) the annual volume probability.\n- (i) the 30% unsupplemented water sharing index;\n- (ii) the 50% unsupplemented water sharing index;\n- (iii) the 70% unsupplemented water sharing index;\n- (iv) the annual volume probability.\n- (i) the annual supplemented water sharing index;\n- (ii) the monthly supplemented water sharing index; and\n- (i) the 30% unsupplemented water sharing index;\n- (ii) the 50% unsupplemented water sharing index;\n- (iii) the 70% unsupplemented water sharing index;\n- (iv) the annual volume probability.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Water allocation security objectives","content":"### sec.18 Water allocation security objectives\n\nThe water allocation security objectives are stated in—\nfor water allocations to take supplemented water— schedule 6 , part 1 ; and\nfor water allocations to take unsupplemented water— schedule 6 , part 2 .\ns 18 amd 2019 SL No. 120 s 9\n- (a) for water allocations to take supplemented water— schedule 6 , part 1 ; and\n- (b) for water allocations to take unsupplemented water— schedule 6 , part 2 .","sortOrder":28},{"sectionNumber":"pt.5","sectionType":"part","heading":"Strategies for achieving outcomes","content":"# Strategies for achieving outcomes","sortOrder":29},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":30},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Definition for part","content":"### sec.18A Definition for part\n\nIn this part—\nauthority means an authority to continue to use existing overland flow works under section 80 (3) .\ns 18A ins 2019 SL No. 120 s 10","sortOrder":31},{"sectionNumber":"sec.19","sectionType":"section","heading":"Decisions consistent with objectives","content":"### sec.19 Decisions consistent with objectives\n\nDecisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives stated in schedule 5 ; and\nthe water allocation security objectives stated in schedule 6 .\n- (a) the environmental flow objectives stated in schedule 5 ; and\n- (b) the water allocation security objectives stated in schedule 6 .","sortOrder":32},{"sectionNumber":"sec.20","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.20 Assessing impact of decisions\n\nThe IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.\nIf it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.\n(sec.20-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.\n(sec.20-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\n(sec.20-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.","sortOrder":33},{"sectionNumber":"sec.21","sectionType":"section","heading":"Measuring devices","content":"### sec.21 Measuring devices\n\ns 21 om 2014 SL No. 142 s 39","sortOrder":34},{"sectionNumber":"sec.22","sectionType":"section","heading":"Restrictions on taking water from waterholes or lakes","content":"### sec.22 Restrictions on taking water from waterholes or lakes\n\nThis section applies to the chief executive in making a decision about—\na water licence to take unsupplemented water; or\nconverting an authorisation to take unsupplemented water into a water allocation.\nIf the water licence or water allocation allows the taking of water from a waterhole or lake, the chief executive must—\nconsider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\nimpose a condition on the water licence or water allocation about maintaining the cultural or ecological values of the waterhole or lake.\na condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\nHowever, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied—\nthe taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or\nfor a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.\ns 22 amd 2017 SL No. 7 s 8\n(sec.22-ssec.1) This section applies to the chief executive in making a decision about— a water licence to take unsupplemented water; or converting an authorisation to take unsupplemented water into a water allocation.\n(sec.22-ssec.2) If the water licence or water allocation allows the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence or water allocation about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\n(sec.22-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n- (a) a water licence to take unsupplemented water; or\n- (b) converting an authorisation to take unsupplemented water into a water allocation.\n- (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\n- (b) impose a condition on the water licence or water allocation about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\n- (a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or\n- (b) for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Matters to be considered for environmental management rules","content":"### sec.23 Matters to be considered for environmental management rules\n\nIn deciding the environmental management rules to be included in the water management protocol or a resource operations licence, the chief executive must consider—\nthe streamflows required to maintain the following—\nthe longitudinal connectivity of low flow habitats throughout river systems in the plan area;\nthe wetted habitats at riffles and other streambed features;\nthe natural seasonality of flows and zero flows;\nthe replenishment of refuge pools that enable movement of instream biota;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and\nthe impact the taking of, or proposed taking of, or interfering with, water may have on the following—\nwater quality;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nriparian vegetation;\nhabitats for native plants and animals;\nthe movement of fish and other aquatic species;\nthe recreation and aesthetic values of the plan area;\ncultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 23 amd 2017 SL No. 7 s 9\n(sec.23-ssec.1) In deciding the environmental management rules to be included in the water management protocol or a resource operations licence, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n(sec.23-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and\n- (b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) riparian vegetation; (v) habitats for native plants and animals; (vi) the movement of fish and other aquatic species; (vii) the recreation and aesthetic values of the plan area; (viii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) riparian vegetation;\n- (v) habitats for native plants and animals;\n- (vi) the movement of fish and other aquatic species;\n- (vii) the recreation and aesthetic values of the plan area;\n- (viii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) riparian vegetation;\n- (v) habitats for native plants and animals;\n- (vi) the movement of fish and other aquatic species;\n- (vii) the recreation and aesthetic values of the plan area;\n- (viii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Matters to be considered for water sharing rules for unsupplemented water","content":"### sec.24 Matters to be considered for water sharing rules for unsupplemented water\n\nIn deciding the water sharing rules, to be included in the water management protocol, for authorisations to take unsupplemented water in a part of the plan area, the chief executive must consider the following—\nany existing water sharing arrangements;\nthe local availability of water that may be taken from streamflows, waterholes or bedsands;\nthe conditions for taking water decided under section 68 or 76 ;\nthe maximum rates decided under section 66 or 74 ;\nthe volumetric limits decided under section 67 or 75 ;\nthe impact on authorisations to take water in the plan area.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 24 sub 2017 SL No. 7 s 10\namd 2019 SL No. 120 s 11\n(sec.24-ssec.1) In deciding the water sharing rules, to be included in the water management protocol, for authorisations to take unsupplemented water in a part of the plan area, the chief executive must consider the following— any existing water sharing arrangements; the local availability of water that may be taken from streamflows, waterholes or bedsands; the conditions for taking water decided under section 68 or 76 ; the maximum rates decided under section 66 or 74 ; the volumetric limits decided under section 67 or 75 ; the impact on authorisations to take water in the plan area.\n(sec.24-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) any existing water sharing arrangements;\n- (b) the local availability of water that may be taken from streamflows, waterholes or bedsands;\n- (c) the conditions for taking water decided under section 68 or 76 ;\n- (d) the maximum rates decided under section 66 or 74 ;\n- (e) the volumetric limits decided under section 67 or 75 ;\n- (f) the impact on authorisations to take water in the plan area.","sortOrder":37},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Matters to be considered for infrastructure operating rules","content":"### sec.24A Matters to be considered for infrastructure operating rules\n\ns 24A ins 2014 SL No. 142 s 40\nom 2017 SL No. 7 s 11","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"Matters to be considered for water allocation dealing rules","content":"### sec.25 Matters to be considered for water allocation dealing rules\n\nIn deciding the water allocation dealing rules, to be included in the water management protocol, for authorisations to take water in a part of the plan area, the chief executive must consider—\nthe ongoing management of the Lower Burdekin delta groundwater system; and\nthe implications, for the availability of water under water allocations, of changes to the frequency, duration, magnitude and timing of limited water availability.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 25 amd 2017 SL No. 7 s 12\n(sec.25-ssec.1) In deciding the water allocation dealing rules, to be included in the water management protocol, for authorisations to take water in a part of the plan area, the chief executive must consider— the ongoing management of the Lower Burdekin delta groundwater system; and the implications, for the availability of water under water allocations, of changes to the frequency, duration, magnitude and timing of limited water availability.\n(sec.25-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the ongoing management of the Lower Burdekin delta groundwater system; and\n- (b) the implications, for the availability of water under water allocations, of changes to the frequency, duration, magnitude and timing of limited water availability.","sortOrder":39},{"sectionNumber":"pt.5-div.1A","sectionType":"division","heading":"Water licences replacing authorities","content":"## Water licences replacing authorities","sortOrder":40},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Purpose of division","content":"### sec.25A Purpose of division\n\nThis division—\nstates, for section 116 of the Act , a process for the allocation of overland flow water under a water licence to replace an authority; and\nstates a process for amending a water licence mentioned in paragraph (a) .\ns 25A (prev s 81A) ins 2017 SL No. 7 s 36\namd 2019 SL No. 120 s 45 (1)\nreloc and renum 2019 SL No. 120 s 45 (2)\n- (a) states, for section 116 of the Act , a process for the allocation of overland flow water under a water licence to replace an authority; and\n- (b) states a process for amending a water licence mentioned in paragraph (a) .","sortOrder":41},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Notice of proposed grant or amendment","content":"### sec.25B Notice of proposed grant or amendment\n\nBefore granting or amending a water licence, the chief executive must give the holder of the authority or the licence notice of the proposed grant or amendment.\nThe notice must—\nstate the chief executive proposes to—\ngrant a water licence to take overland flow water using the holder’s existing overland flow works; or\nif the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and\nrequire the holder to—\nclearly describe the overland flow works; and\ngive the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.\nThe notice may require the holder to give the chief executive—\nif the notice is for a proposed grant of a water licence—a report about the taking of overland flow water under the authority to be replaced; and\nother information the chief executive considers relevant.\nFor subsection (3) (a) , the report must—\naccurately describe—\nthe operation of the existing overland flow works; and\nthe capacity of the works to take overland flow water; and\nif required by the chief executive in the notice—be verified as accurate, and signed, by a registered professional engineer.\nIn this section—\nregistered professional engineer see the Professional Engineers Act 2002 , schedule 2 .\ns 25B (prev s 81B) ins 2017 SL No. 7 s 36\nreloc and renum 2019 SL No. 120 s 46\n(sec.25B-ssec.1) Before granting or amending a water licence, the chief executive must give the holder of the authority or the licence notice of the proposed grant or amendment.\n(sec.25B-ssec.2) The notice must— state the chief executive proposes to— grant a water licence to take overland flow water using the holder’s existing overland flow works; or if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and require the holder to— clearly describe the overland flow works; and give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.\n(sec.25B-ssec.3) The notice may require the holder to give the chief executive— if the notice is for a proposed grant of a water licence—a report about the taking of overland flow water under the authority to be replaced; and other information the chief executive considers relevant.\n(sec.25B-ssec.4) For subsection (3) (a) , the report must— accurately describe— the operation of the existing overland flow works; and the capacity of the works to take overland flow water; and if required by the chief executive in the notice—be verified as accurate, and signed, by a registered professional engineer.\n(sec.25B-ssec.5) In this section— registered professional engineer see the Professional Engineers Act 2002 , schedule 2 .\n- (a) state the chief executive proposes to— (i) grant a water licence to take overland flow water using the holder’s existing overland flow works; or (ii) if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and\n- (i) grant a water licence to take overland flow water using the holder’s existing overland flow works; or\n- (ii) if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and\n- (b) require the holder to— (i) clearly describe the overland flow works; and (ii) give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.\n- (i) clearly describe the overland flow works; and\n- (ii) give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.\n- (i) grant a water licence to take overland flow water using the holder’s existing overland flow works; or\n- (ii) if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and\n- (i) clearly describe the overland flow works; and\n- (ii) give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.\n- (a) if the notice is for a proposed grant of a water licence—a report about the taking of overland flow water under the authority to be replaced; and\n- (b) other information the chief executive considers relevant.\n- (a) accurately describe— (i) the operation of the existing overland flow works; and (ii) the capacity of the works to take overland flow water; and\n- (i) the operation of the existing overland flow works; and\n- (ii) the capacity of the works to take overland flow water; and\n- (b) if required by the chief executive in the notice—be verified as accurate, and signed, by a registered professional engineer.\n- (i) the operation of the existing overland flow works; and\n- (ii) the capacity of the works to take overland flow water; and","sortOrder":42},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Decision about grant or amendment","content":"### sec.25C Decision about grant or amendment\n\nIn deciding whether to grant or amend the water licence, the chief executive—\nmust consider any report or other information given to the chief executive under section 25B ; and\nmay consider other matters the chief executive considers relevant.\ns 25C (prev s 81C) ins 2017 SL No. 7 s 36\namd 2019 SL No. 120 s 47 (1)\nreloc and renum 2019 SL No. 120 s 47 (2)\n- (a) must consider any report or other information given to the chief executive under section 25B ; and\n- (b) may consider other matters the chief executive considers relevant.","sortOrder":43},{"sectionNumber":"sec.25D","sectionType":"section","heading":"Content, conditions and effect of water licence","content":"### sec.25D Content, conditions and effect of water licence\n\nIf the water licence is granted or amended, the licence—\nmust state the purpose for which water may be taken under the licence, which must be either—\nrural; or\nany; and\nmust state at least 1 of the following for the licence—\nthe maximum rate for the licence;\nthe maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;\nthe volumetric limit for the licence;\nthe mean annual volume for the licence; and\nmay state conditions under which overland flow water may be taken under the licence.\nIf a water licence is granted under this division, the authority it replaces stops having effect.\ns 25D (prev s 81D) ins 2017 SL No. 7 s 36\namd 2019 SL No. 120 s 48 (1)\nreloc and renum 2019 SL No. 120 s 48 (2)\n(sec.25D-ssec.1) If the water licence is granted or amended, the licence— must state the purpose for which water may be taken under the licence, which must be either— rural; or any; and must state at least 1 of the following for the licence— the maximum rate for the licence; the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; the volumetric limit for the licence; the mean annual volume for the licence; and may state conditions under which overland flow water may be taken under the licence.\n(sec.25D-ssec.2) If a water licence is granted under this division, the authority it replaces stops having effect.\n- (a) must state the purpose for which water may be taken under the licence, which must be either— (i) rural; or (ii) any; and\n- (i) rural; or\n- (ii) any; and\n- (b) must state at least 1 of the following for the licence— (i) the maximum rate for the licence; (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; (iii) the volumetric limit for the licence; (iv) the mean annual volume for the licence; and\n- (i) the maximum rate for the licence;\n- (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;\n- (iii) the volumetric limit for the licence;\n- (iv) the mean annual volume for the licence; and\n- (c) may state conditions under which overland flow water may be taken under the licence.\n- (i) rural; or\n- (ii) any; and\n- (i) the maximum rate for the licence;\n- (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;\n- (iii) the volumetric limit for the licence;\n- (iv) the mean annual volume for the licence; and","sortOrder":44},{"sectionNumber":"pt.5-div.1B","sectionType":"division","heading":"Applications for water licences to take or interfere with surface water","content":"## Applications for water licences to take or interfere with surface water","sortOrder":45},{"sectionNumber":"sec.26","sectionType":"section","heading":"Accepting and deciding particular applications for water licences","content":"### sec.26 Accepting and deciding particular applications for water licences\n\nThis section applies to the chief executive in making a decision about an application for a water licence to interfere with, or increase the interference with, surface water by impounding the flow of the water.\nThe chief executive may accept and decide the application if the purpose of the proposed interference or increase in interference is only—\nto store water for stock purposes or domestic purposes; or\nto provide a pumping pool to enable water to be taken under an existing authorisation; or\nto store water for a purpose not related to the taking of water under a water entitlement.\ncommunity landscaping or retaining water for flood mitigation purposes\nThe chief executive may approve the application if—\nthe chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and\nthe proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to—\nthe impact the proposed interference or increase in interference may have on the following—\ninstream water levels;\nthe natural movement of sediment;\nthe bed and banks of the watercourse or lake;\nriparian vegetation;\nhabitats for native plants and animals;\nthe movement of fish and other aquatic species;\nthe cultural and ecological values of watercourses, waterholes, lakes or springs; and\nfor a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.\nHowever, the chief executive must not approve an application for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than—\nfor an application for a purpose mentioned in subsection (2) (b) —10ML; or\nfor an application for a purpose mentioned in subsection (2) (c) —250ML.\nThis section does not apply to an application about unallocated water.\nIn this section—\npumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\ns 26 amd 2019 SL No. 120 s 13\n(sec.26-ssec.1) This section applies to the chief executive in making a decision about an application for a water licence to interfere with, or increase the interference with, surface water by impounding the flow of the water.\n(sec.26-ssec.2) The chief executive may accept and decide the application if the purpose of the proposed interference or increase in interference is only— to store water for stock purposes or domestic purposes; or to provide a pumping pool to enable water to be taken under an existing authorisation; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes\n(sec.26-ssec.3) The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs; and for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.\n(sec.26-ssec.4) However, the chief executive must not approve an application for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for an application for a purpose mentioned in subsection (2) (b) —10ML; or for an application for a purpose mentioned in subsection (2) (c) —250ML.\n(sec.26-ssec.5) This section does not apply to an application about unallocated water.\n(sec.26-ssec.6) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n- (a) to store water for stock purposes or domestic purposes; or\n- (b) to provide a pumping pool to enable water to be taken under an existing authorisation; or\n- (c) to store water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subsection (2) (c) — community landscaping or retaining water for flood mitigation purposes\n- (a) the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and\n- (b) the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of the watercourse or lake; (D) riparian vegetation; (E) habitats for native plants and animals; (F) the movement of fish and other aquatic species; (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and (ii) for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.\n- (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of the watercourse or lake; (D) riparian vegetation; (E) habitats for native plants and animals; (F) the movement of fish and other aquatic species; (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of the watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitats for native plants and animals;\n- (F) the movement of fish and other aquatic species;\n- (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and\n- (ii) for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.\n- (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of the watercourse or lake; (D) riparian vegetation; (E) habitats for native plants and animals; (F) the movement of fish and other aquatic species; (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of the watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitats for native plants and animals;\n- (F) the movement of fish and other aquatic species;\n- (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and\n- (ii) for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of the watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitats for native plants and animals;\n- (F) the movement of fish and other aquatic species;\n- (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and\n- (a) for an application for a purpose mentioned in subsection (2) (b) —10ML; or\n- (b) for an application for a purpose mentioned in subsection (2) (c) —250ML.","sortOrder":46},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Particular applications for water licences that must not be accepted","content":"### sec.26A Particular applications for water licences that must not be accepted\n\nThis section does not apply to an application for a water licence if—\nsection 26 applies to the application; or\nthe application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or\nthe application—\nis made as part of the process mentioned in section 33A (2) for releasing unallocated water; and\nis for a licence to take—\nsurface water held as a general reserve in subcatchment area E, F or G; or\nsurface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\nAn application for a water licence must not be accepted under section 107 of the Act if the application is for a water licence to—\ntake surface water and use the water on the land; or\ninterfere with the flow of surface water on, under or adjoining the land.\ns 26A ins 2017 SL No. 7 s 13\namd 2019 SL No. 120 s 14 ; 2020 SL No. 204 s 4\n(sec.26A-ssec.1) This section does not apply to an application for a water licence if— section 26 applies to the application; or the application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or the application— is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and is for a licence to take— surface water held as a general reserve in subcatchment area E, F or G; or surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n(sec.26A-ssec.2) An application for a water licence must not be accepted under section 107 of the Act if the application is for a water licence to— take surface water and use the water on the land; or interfere with the flow of surface water on, under or adjoining the land.\n- (a) section 26 applies to the application; or\n- (b) the application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or\n- (c) the application— (i) is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and (ii) is for a licence to take— (A) surface water held as a general reserve in subcatchment area E, F or G; or (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n- (i) is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and\n- (ii) is for a licence to take— (A) surface water held as a general reserve in subcatchment area E, F or G; or (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n- (A) surface water held as a general reserve in subcatchment area E, F or G; or\n- (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n- (i) is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and\n- (ii) is for a licence to take— (A) surface water held as a general reserve in subcatchment area E, F or G; or (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n- (A) surface water held as a general reserve in subcatchment area E, F or G; or\n- (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n- (A) surface water held as a general reserve in subcatchment area E, F or G; or\n- (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.\n- (a) take surface water and use the water on the land; or\n- (b) interfere with the flow of surface water on, under or adjoining the land.","sortOrder":47},{"sectionNumber":"pt.5-div.1C","sectionType":"division","heading":"Dealings with water licences","content":"## Dealings with water licences","sortOrder":48},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Accepting and deciding applications for dealings with water licences to take or interfere with surface water","content":"### sec.26B Accepting and deciding applications for dealings with water licences to take or interfere with surface water\n\nThis section applies to the chief executive in making a decision about an application for 1 or more dealings with a water licence to take or interfere with surface water, other than an application to which section 26 applies.\nThe chief executive may accept and decide the application if granting the application would not do any of the following—\nincrease the volumetric limit for surface water taken under the licence;\nincrease the interference with surface water under the licence;\nfor an application relating to an unzoned water licence—\nchange a location from which surface water may be taken under the licence; or\nchange a condition of the licence, other than by removing a water storage condition.\nIn this section—\nunzoned water licence means a water licence under which surface water may be taken from land that is not in or adjacent to a water licence zone.\ns 26B ins 2017 SL No. 7 s 13\namd 2019 SL No. 120 s 16\n(sec.26B-ssec.1) This section applies to the chief executive in making a decision about an application for 1 or more dealings with a water licence to take or interfere with surface water, other than an application to which section 26 applies.\n(sec.26B-ssec.2) The chief executive may accept and decide the application if granting the application would not do any of the following— increase the volumetric limit for surface water taken under the licence; increase the interference with surface water under the licence; for an application relating to an unzoned water licence— change a location from which surface water may be taken under the licence; or change a condition of the licence, other than by removing a water storage condition.\n(sec.26B-ssec.3) In this section— unzoned water licence means a water licence under which surface water may be taken from land that is not in or adjacent to a water licence zone.\n- (a) increase the volumetric limit for surface water taken under the licence;\n- (b) increase the interference with surface water under the licence;\n- (c) for an application relating to an unzoned water licence— (i) change a location from which surface water may be taken under the licence; or (ii) change a condition of the licence, other than by removing a water storage condition.\n- (i) change a location from which surface water may be taken under the licence; or\n- (ii) change a condition of the licence, other than by removing a water storage condition.\n- (i) change a location from which surface water may be taken under the licence; or\n- (ii) change a condition of the licence, other than by removing a water storage condition.","sortOrder":49},{"sectionNumber":"sec.27","sectionType":"section","heading":"Deciding applications to increase maximum rate for water licences","content":"### sec.27 Deciding applications to increase maximum rate for water licences\n\nThis section applies to the chief executive in making a decision about an application to increase the maximum rate for a water licence to take surface water.\nThe chief executive may grant the application if—\nthe existing works for taking surface water under the licence have the capacity to take water at the maximum rate applied for; and\nif the existing works include a pump—the maximum rate applied for does not exceed—\nfor a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or\nfor a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.\ns 27 prev s 27 om 2014 SL No. 142 s 41\npres s 27 ins 2017 SL No. 7 s 13\namd 2019 SL No. 120 s 17\n(sec.27-ssec.1) This section applies to the chief executive in making a decision about an application to increase the maximum rate for a water licence to take surface water.\n(sec.27-ssec.2) The chief executive may grant the application if— the existing works for taking surface water under the licence have the capacity to take water at the maximum rate applied for; and if the existing works include a pump—the maximum rate applied for does not exceed— for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.\n- (a) the existing works for taking surface water under the licence have the capacity to take water at the maximum rate applied for; and\n- (b) if the existing works include a pump—the maximum rate applied for does not exceed— (i) for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or (ii) for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.\n- (i) for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or\n- (ii) for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.\n- (i) for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or\n- (ii) for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.","sortOrder":50},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Deciding applications to change location for taking water under, or condition of, a water licence","content":"### sec.27A Deciding applications to change location for taking water under, or condition of, a water licence\n\nThis section applies to an application to change the location from which water may be taken under a water licence—\nfrom a location in a water licence zone; and\nto another location in the same, or another, water licence zone.\nAlso, this section applies to an application to change the conditions of a water licence, including an application to which section 27B applies.\nFor section 43 (2) (i) of the Act , the chief executive may grant the application if the chief executive is satisfied the dealing is permitted under the water management protocol.\nThis section does not limit section 27B .\ns 27A ins 2019 SL No. 120 s 18\n(sec.27A-ssec.1) This section applies to an application to change the location from which water may be taken under a water licence— from a location in a water licence zone; and to another location in the same, or another, water licence zone.\n(sec.27A-ssec.2) Also, this section applies to an application to change the conditions of a water licence, including an application to which section 27B applies.\n(sec.27A-ssec.3) For section 43 (2) (i) of the Act , the chief executive may grant the application if the chief executive is satisfied the dealing is permitted under the water management protocol.\n(sec.27A-ssec.4) This section does not limit section 27B .\n- (a) from a location in a water licence zone; and\n- (b) to another location in the same, or another, water licence zone.","sortOrder":51},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Deciding application to amend water licence by removing water storage condition","content":"### sec.27B Deciding application to amend water licence by removing water storage condition\n\nThis section applies in relation to an application to amend a water licence (the existing licence ) by removing a water storage condition of the licence.\nIf the chief executive grants the application, the chief executive must grant to the applicant a water licence (the separate licence ) to take overland flow water.\nThe separate licence—\nmust authorise the taking of overland flow water only from the location at which water was taken or interfered with under the existing licence; and\nmust state the purpose for which water may be taken under the separate licence, which must be either—\nrural; or\nany; and\nmust state at least 1 of the following for the separate licence—\nthe maximum rate;\nthe maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;\nthe volumetric limit;\nthe mean annual volume; and\nmay state conditions under which overland flow water may be taken under the separate licence.\ns 27B (prev s 80A) ins 2017 SL No. 7 s 35\nreloc and renum 2019 SL No. 120 s 44\n(sec.27B-ssec.1) This section applies in relation to an application to amend a water licence (the existing licence ) by removing a water storage condition of the licence.\n(sec.27B-ssec.2) If the chief executive grants the application, the chief executive must grant to the applicant a water licence (the separate licence ) to take overland flow water.\n(sec.27B-ssec.3) The separate licence— must authorise the taking of overland flow water only from the location at which water was taken or interfered with under the existing licence; and must state the purpose for which water may be taken under the separate licence, which must be either— rural; or any; and must state at least 1 of the following for the separate licence— the maximum rate; the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; the volumetric limit; the mean annual volume; and may state conditions under which overland flow water may be taken under the separate licence.\n- (a) must authorise the taking of overland flow water only from the location at which water was taken or interfered with under the existing licence; and\n- (b) must state the purpose for which water may be taken under the separate licence, which must be either— (i) rural; or (ii) any; and\n- (i) rural; or\n- (ii) any; and\n- (c) must state at least 1 of the following for the separate licence— (i) the maximum rate; (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; (iii) the volumetric limit; (iv) the mean annual volume; and\n- (i) the maximum rate;\n- (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;\n- (iii) the volumetric limit;\n- (iv) the mean annual volume; and\n- (d) may state conditions under which overland flow water may be taken under the separate licence.\n- (i) rural; or\n- (ii) any; and\n- (i) the maximum rate;\n- (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;\n- (iii) the volumetric limit;\n- (iv) the mean annual volume; and","sortOrder":52},{"sectionNumber":"sec.27C","sectionType":"section","heading":"Applications for dealings with water licences inconsistent with this plan— Act , s 129","content":"### sec.27C Applications for dealings with water licences inconsistent with this plan— Act , s 129\n\nThis section applies for an application for a dealing with a water licence, other than an application to which section 27A applies.\nGranting the application would be inconsistent with this plan if granting the application would—\nincrease the amount of water that may be taken under the licence; or\nincrease the rate at which water may be taken under the licence; or\nchange a location of taking or interfering with water under the licence; or\nincrease or change the interference with water under the licence.\nSee section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\ns 27C ins 2019 SL No. 120 s 19\n(sec.27C-ssec.1) This section applies for an application for a dealing with a water licence, other than an application to which section 27A applies.\n(sec.27C-ssec.2) Granting the application would be inconsistent with this plan if granting the application would— increase the amount of water that may be taken under the licence; or increase the rate at which water may be taken under the licence; or change a location of taking or interfering with water under the licence; or increase or change the interference with water under the licence. See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\n- (a) increase the amount of water that may be taken under the licence; or\n- (b) increase the rate at which water may be taken under the licence; or\n- (c) change a location of taking or interfering with water under the licence; or\n- (d) increase or change the interference with water under the licence.","sortOrder":53},{"sectionNumber":"pt.5-div.1D","sectionType":"division","heading":"Applications for water licences to take water for stock purposes or domestic purposes","content":"## Applications for water licences to take water for stock purposes or domestic purposes","sortOrder":54},{"sectionNumber":"sec.28","sectionType":"section","heading":"Deciding applications for water licences to take water for stock purposes or domestic purposes","content":"### sec.28 Deciding applications for water licences to take water for stock purposes or domestic purposes\n\nThis section applies to the chief executive in making a decision about an application for a water licence to take surface water if—\nthe proposed taking is for—\nstock purposes only; or\ndomestic purposes only; or\nstock purposes and domestic purposes only; and\nthe proposed location for the taking is not in a water allocation zone.\nThe chief executive may grant the application if the chief executive is satisfied—\nthe applicant does not hold a water entitlement allowing the taking of water from the proposed location; and\nthere is no alternative water supply to the proposed location; and\nthere is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and\nthere is a registered plan of survey for the land containing the proposed location; and\nthe plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act.\nSubsection (2) does not limit the matters the chief executive may consider.\nIn this section—\npre-amendment Act means the Act as in force immediately before 6 December 2016.\npre-amendment resource operations plan means the resource operations plan to implement the pre-amendment water resource plan as in force immediately before 6 December 2016.\npre-amendment water resource plan means this plan as in force immediately before 6 December 2016.\nregistered plan of survey means a plan of survey registered under the Land Title Act 1994 .\ns 28 prev s 28 om 2014 SL No. 142 s 41\npres s 28 ins 2017 SL No. 7 s 13\namd 2019 SL No. 120 s 21\n(sec.28-ssec.1) This section applies to the chief executive in making a decision about an application for a water licence to take surface water if— the proposed taking is for— stock purposes only; or domestic purposes only; or stock purposes and domestic purposes only; and the proposed location for the taking is not in a water allocation zone.\n(sec.28-ssec.2) The chief executive may grant the application if the chief executive is satisfied— the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and there is no alternative water supply to the proposed location; and there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and there is a registered plan of survey for the land containing the proposed location; and the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act.\n(sec.28-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.\n(sec.28-ssec.4) In this section— pre-amendment Act means the Act as in force immediately before 6 December 2016. pre-amendment resource operations plan means the resource operations plan to implement the pre-amendment water resource plan as in force immediately before 6 December 2016. pre-amendment water resource plan means this plan as in force immediately before 6 December 2016. registered plan of survey means a plan of survey registered under the Land Title Act 1994 .\n- (a) the proposed taking is for— (i) stock purposes only; or (ii) domestic purposes only; or (iii) stock purposes and domestic purposes only; and\n- (i) stock purposes only; or\n- (ii) domestic purposes only; or\n- (iii) stock purposes and domestic purposes only; and\n- (b) the proposed location for the taking is not in a water allocation zone.\n- (i) stock purposes only; or\n- (ii) domestic purposes only; or\n- (iii) stock purposes and domestic purposes only; and\n- (a) the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and\n- (b) there is no alternative water supply to the proposed location; and\n- (c) there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and\n- (d) there is a registered plan of survey for the land containing the proposed location; and\n- (e) the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act.","sortOrder":55},{"sectionNumber":"pt.5-div.1E","sectionType":"division","heading":"Grant of water licences provided for in water entitlement notice","content":"## Grant of water licences provided for in water entitlement notice","sortOrder":56},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Grant of water licence for taking surface water— Act , s 116","content":"### sec.28A Grant of water licence for taking surface water— Act , s 116\n\nThis section applies if a water entitlement notice for this plan provides for the grant of a water licence to take or interfere with surface water.\nFor section 116 (1) of the Act , the chief executive must grant the water licence.\nSee section 116 (2) of the Act for when the chief executive may grant the water licence without the need for an application to be made under section 107 of the Act .\ns 28A ins 2019 SL No. 120 s 22\n(sec.28A-ssec.1) This section applies if a water entitlement notice for this plan provides for the grant of a water licence to take or interfere with surface water.\n(sec.28A-ssec.2) For section 116 (1) of the Act , the chief executive must grant the water licence. See section 116 (2) of the Act for when the chief executive may grant the water licence without the need for an application to be made under section 107 of the Act .","sortOrder":57},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":58},{"sectionNumber":"sec.29","sectionType":"section","heading":"Unallocated water held as general, strategic or SunWater reserve","content":"### sec.29 Unallocated water held as general, strategic or SunWater reserve\n\nUnallocated water is held as a general reserve, strategic reserve or SunWater reserve and dealt with under this division.\ns 29 amd 2014 SL No. 142 s 42\nsub 2017 SL No. 7 s 14","sortOrder":59},{"sectionNumber":"sec.30","sectionType":"section","heading":"Volumes of unallocated water held","content":"### sec.30 Volumes of unallocated water held\n\nFor section 43 (1) (c) of the Act —\nthe volume of unallocated water held as a general reserve is 200,000ML; and\nthe volume of unallocated water held as a strategic reserve is 335,000ML; and\nthe volume of unallocated water held as a SunWater reserve is 8,744ML.\nFor the volume of unallocated water held as a general reserve, strategic reserve and SunWater reserve for particular subcatchment areas, see the water management protocol.\ns 30 amd 2014 SL No. 142 s 43\nsub 2017 SL No. 7 s 14 ; 2019 SL No. 120 s 23\n- (a) the volume of unallocated water held as a general reserve is 200,000ML; and\n- (b) the volume of unallocated water held as a strategic reserve is 335,000ML; and\n- (c) the volume of unallocated water held as a SunWater reserve is 8,744ML.","sortOrder":60},{"sectionNumber":"sec.31","sectionType":"section","heading":"Volume of unallocated water held as general reserve or strategic reserve for subcatchment areas","content":"### sec.31 Volume of unallocated water held as general reserve or strategic reserve for subcatchment areas\n\nThe volume of unallocated water held as a general reserve or a strategic reserve in a subcatchment area is the volume stated for the reserve in the water management protocol for the subcatchment area.\nThis section does not limit section 30 (a) or (b) .\ns 31 sub 2017 SL No. 7 s 14\namd 2020 SL No. 204 s 5\n(sec.31-ssec.1) The volume of unallocated water held as a general reserve or a strategic reserve in a subcatchment area is the volume stated for the reserve in the water management protocol for the subcatchment area.\n(sec.31-ssec.2) This section does not limit section 30 (a) or (b) .","sortOrder":61},{"sectionNumber":"sec.32","sectionType":"section","heading":"Release of unallocated water held as strategic reserve","content":"### sec.32 Release of unallocated water held as strategic reserve\n\nUnallocated water held as a strategic reserve may be released for the following purposes—\n35,000ML for State purposes;\n150,000ML for a future raising of the Burdekin Falls Dam by up to 2m;\n150,000ML for water infrastructure for the Bowen and Broken subcatchment areas for industrial purposes.\ns 32 sub 2017 SL No. 7 s 14\n- (a) 35,000ML for State purposes;\n- (b) 150,000ML for a future raising of the Burdekin Falls Dam by up to 2m;\n- (c) 150,000ML for water infrastructure for the Bowen and Broken subcatchment areas for industrial purposes.","sortOrder":62},{"sectionNumber":"sec.33","sectionType":"section","heading":"Releasing unallocated water","content":"### sec.33 Releasing unallocated water\n\nUnallocated water may be released from the general reserve, strategic reserve or SunWater reserve under section 33A .\nHowever, the volume of unallocated water released from the strategic reserve for a purpose mentioned in section 32 can not be more than the volume that may be released for the purpose under that section.\ns 33 sub 2017 SL No. 7 s 14\n(sec.33-ssec.1) Unallocated water may be released from the general reserve, strategic reserve or SunWater reserve under section 33A .\n(sec.33-ssec.2) However, the volume of unallocated water released from the strategic reserve for a purpose mentioned in section 32 can not be more than the volume that may be released for the purpose under that section.","sortOrder":63},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Processes for release of unallocated water","content":"### sec.33A Processes for release of unallocated water\n\nSubsection (2) applies to the release of unallocated water held as—\na general reserve; or\na strategic reserve for a State purpose.\nThe process for releasing the unallocated water is the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .\nSubsection (4) applies to the release of unallocated water held as—\na strategic reserve for a purpose other than a State purpose; or\na SunWater reserve.\nThe process for releasing the unallocated water is the process stated in the water management protocol.\ns 33A ins 2017 SL No. 7 s 14\n(sec.33A-ssec.1) Subsection (2) applies to the release of unallocated water held as— a general reserve; or a strategic reserve for a State purpose.\n(sec.33A-ssec.2) The process for releasing the unallocated water is the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .\n(sec.33A-ssec.3) Subsection (4) applies to the release of unallocated water held as— a strategic reserve for a purpose other than a State purpose; or a SunWater reserve.\n(sec.33A-ssec.4) The process for releasing the unallocated water is the process stated in the water management protocol.\n- (a) a general reserve; or\n- (b) a strategic reserve for a State purpose.\n- (a) a strategic reserve for a purpose other than a State purpose; or\n- (b) a SunWater reserve.","sortOrder":64},{"sectionNumber":"sec.33B","sectionType":"section","heading":"Unallocated water released for coordinated project or project of regional significance","content":"### sec.33B Unallocated water released for coordinated project or project of regional significance\n\nThis section applies to a volume of unallocated water released from the strategic reserve for either of the following State purposes—\na coordinated project;\na project of regional significance.\nThe volume of unallocated water is released only for the life of the project and, on conclusion of the project, the volume of water returns to the strategic reserve as unallocated water to be released for State purposes.\ns 33B ins 2017 SL No. 7 s 14\n(sec.33B-ssec.1) This section applies to a volume of unallocated water released from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.\n(sec.33B-ssec.2) The volume of unallocated water is released only for the life of the project and, on conclusion of the project, the volume of water returns to the strategic reserve as unallocated water to be released for State purposes.\n- (a) a coordinated project;\n- (b) a project of regional significance.","sortOrder":65},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Authorisations to take water","content":"## Authorisations to take water","sortOrder":66},{"sectionNumber":"sec.34","sectionType":"section","heading":"Limitation on authorisation to take water for prescribed activity— Act , s 101","content":"### sec.34 Limitation on authorisation to take water for prescribed activity— Act , s 101\n\nFor section 101 (1) of the Act , a person may take not more than 5ML of water in subcatchment area E, F or G for a prescribed activity under the Water Regulation 2016 .\ns 34 prev s 34 om 2017 SL No. 7 s 15\npres s 34 ins 2019 SL No. 120 s 24","sortOrder":67},{"sectionNumber":"sec.35","sectionType":"section","heading":"Limitation on authorisation to take water for stock purposes or domestic purposes— Act , s 103","content":"### sec.35 Limitation on authorisation to take water for stock purposes or domestic purposes— Act , s 103\n\nFor section 103 (a) of the Act —\nwater in a watercourse in the Burdekin Haughton Water Supply Scheme or the Bowen Broken Water Supply Scheme may only be taken using existing stock or domestic works; and\nother water in the plan area may be taken in any way.\nIn this section—\nexisting stock or domestic works means works used, before the commencement, to take water from a watercourse for stock purposes or domestic purposes.\ns 35 prev s 35 om 2017 SL No. 7 s 15\npres s 35 ins 2019 SL No. 120 s 24\n(sec.35-ssec.1) For section 103 (a) of the Act — water in a watercourse in the Burdekin Haughton Water Supply Scheme or the Bowen Broken Water Supply Scheme may only be taken using existing stock or domestic works; and other water in the plan area may be taken in any way.\n(sec.35-ssec.2) In this section— existing stock or domestic works means works used, before the commencement, to take water from a watercourse for stock purposes or domestic purposes.\n- (a) water in a watercourse in the Burdekin Haughton Water Supply Scheme or the Bowen Broken Water Supply Scheme may only be taken using existing stock or domestic works; and\n- (b) other water in the plan area may be taken in any way.","sortOrder":68},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2017 SL No. 7 s 15","sortOrder":69},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2017 SL No. 7 s 15","sortOrder":70},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2017 SL No. 7 s 15","sortOrder":71},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 om 2017 SL No. 7 s 15","sortOrder":72},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2017 SL No. 7 s 15","sortOrder":73},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2017 SL No. 7 s 15","sortOrder":74},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2017 SL No. 7 s 15","sortOrder":75},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2017 SL No. 7 s 15","sortOrder":76},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2017 SL No. 7 s 15","sortOrder":77},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2017 SL No. 7 s 15","sortOrder":78},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 om 2017 SL No. 7 s 15","sortOrder":79},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":80},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2014 SL No. 142 s 44","sortOrder":81},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 om 2014 SL No. 142 s 44","sortOrder":82},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 2014 SL No. 142 s 44","sortOrder":83},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2014 SL No. 142 s 44","sortOrder":84},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":null,"content":"","sortOrder":85},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2014 SL No. 142 s 44","sortOrder":86},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2014 SL No. 142 s 44","sortOrder":87},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2014 SL No. 142 s 44","sortOrder":88},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Converting water licences to water allocations to take unsupplemented water","content":"## Converting water licences to water allocations to take unsupplemented water","sortOrder":89},{"sectionNumber":"sec.54","sectionType":"section","heading":"Purpose of division","content":"### sec.54 Purpose of division\n\nThis division states, for section 43 (2) (g) of the Act , arrangements and process for converting, under a water entitlement notice for this plan, particular water licences to water allocations to take unsupplemented water.\ns 54 sub 2017 SL No. 7 s 17 ; 2019 SL No. 120 s 26","sortOrder":90},{"sectionNumber":"sec.55","sectionType":"section","heading":"Existing water licences may be converted to water allocations","content":"### sec.55 Existing water licences 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 a water licence to take unsupplemented water from the Upper Burdekin water management area or the Cape Campaspe water management area to a water allocation (a new water allocation ) to take unsupplemented water.\nIn a provision about a new water allocation, a reference to a water licence is a reference to the water licence that is converted to the new water allocation.\ns 55 sub 2019 SL No. 120 s 26\n(sec.55-ssec.1) A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for the conversion of a water licence to take unsupplemented water from the Upper Burdekin water management area or the Cape Campaspe water management area to a water allocation (a new water allocation ) to take unsupplemented water.\n(sec.55-ssec.2) In a provision about a new water allocation, a reference to a water licence is a reference to the water licence that is converted to the new water allocation.","sortOrder":91},{"sectionNumber":"sec.56","sectionType":"section","heading":"Matters to be stated on new water allocation","content":"### sec.56 Matters to be stated on new water allocation\n\nA new water allocation must state the following—\nthe location from which water may be taken under the allocation;\nthe water allocation zone in which the location is situated;\nthe maximum rate for the allocation;\nthe volumetric limit for the allocation;\nthe purpose for which water may be taken under the allocation;\nany conditions of the water allocation.\ns 56 amd 2017 SL No. 7 s 18\nsub 2019 SL No. 120 s 26\n- (a) the location from which water may be taken under the allocation;\n- (b) the water allocation zone in which the location is situated;\n- (c) the maximum rate for the allocation;\n- (d) the volumetric limit for the allocation;\n- (e) the purpose for which water may be taken under the allocation;\n- (f) any conditions of the water allocation.","sortOrder":92},{"sectionNumber":"sec.57","sectionType":"section","heading":"Location from which water may be taken under new water allocation","content":"### sec.57 Location from which water may be taken under new water allocation\n\nThe location from which water may be taken under a new water allocation must—\ninclude the place at which water may be taken under the water licence; and\nbe in a water allocation zone.\ns 57 prev s 57 om 2014 SL No. 142 s 45\npres s 57 ins 2019 SL No. 120 s 26\n- (a) include the place at which water may be taken under the water licence; and\n- (b) be in a water allocation zone.","sortOrder":93},{"sectionNumber":"sec.58","sectionType":"section","heading":"Purpose for which water may be taken under new water allocation","content":"### sec.58 Purpose for which water may be taken under new water allocation\n\nThe purpose for which water may be taken under a new water allocation must be ‘any’.\ns 58 prev s 58 om 2014 SL No. 142 s 45\npres s 58 ins 2019 SL No. 120 s 26","sortOrder":94},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2014 SL No. 142 s 45","sortOrder":95},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2014 SL No. 142 s 45","sortOrder":96},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2014 SL No. 142 s 45","sortOrder":97},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2017 SL No. 7 s 20","sortOrder":98},{"sectionNumber":"sec.63","sectionType":"section","heading":"Elements of a new water allocation","content":"### sec.63 Elements of a new water allocation\n\nA new water allocation must state each of the following for the allocation—\nthe per-second rate;\nthe maximum rate;\nthe volumetric limit;\nthe flow conditions.\ns 63 sub 2014 SL No. 142 s 46 ; 2017 SL No. 7 s 21\namd 2019 SL No. 120 s 27\n- (a) the per-second rate;\n- (b) the maximum rate;\n- (c) the volumetric limit;\n- (d) the flow conditions.","sortOrder":99},{"sectionNumber":"sec.64","sectionType":"section","heading":"Nominal volumes for new water allocations","content":"### sec.64 Nominal volumes for new water allocations\n\nIn deciding the nominal volume for a new water allocation, the chief executive must have regard to the following—\nthe local availability of water;\nthe conditions under which water may be taken under the water licence;\nif the water licence states any volumetric limits—the volumetric limits;\nthe simulated mean annual diversion for the water licence.\ns 64 amd 2017 SL No. 7 s 22 ; 2019 SL No. 120 s 28\n- (a) the local availability of water;\n- (b) the conditions under which water may be taken under the water licence;\n- (c) if the water licence states any volumetric limits—the volumetric limits;\n- (d) the simulated mean annual diversion for the water licence.","sortOrder":100},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns 65 sub 2017 SL No. 7 s 23\nom 2019 SL No. 120 s 28","sortOrder":101},{"sectionNumber":"sec.66","sectionType":"section","heading":"Maximum rate","content":"### sec.66 Maximum rate\n\nThe maximum rate for a new water allocation is—\nif the water licence states the volume of water that may be taken in a day—the stated volume; or\nif the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; or\nThere are 86,400 seconds in a day.\nif the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump—\nfor a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or\nfor a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\notherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.\nHowever, for subsection (1) (b) , if the water licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken under the water licence;\nthe water taking capacity of any works for taking water under the water licence;\nthe irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published;\nthe efficiency of the water use mentioned in paragraph (c) .\nThe chief executive must ensure the maximum rate for a new water allocation is not more than the volume that could be taken in a day at the per-second rate for the new water allocation.\ns 66 sub 2017 SL No. 7 s 23\namd 2019 SL No. 120 s 30\n(sec.66-ssec.1) The maximum rate for a new water allocation is— if the water licence states the volume of water that may be taken in a day—the stated volume; or if the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; or There are 86,400 seconds in a day. if the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump— for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or otherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.\n(sec.66-ssec.2) However, for subsection (1) (b) , if the water licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the water licence; the water taking capacity of any works for taking water under the water licence; the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published; the efficiency of the water use mentioned in paragraph (c) .\n(sec.66-ssec.3) The chief executive must ensure the maximum rate for a new water allocation is not more than the volume that could be taken in a day at the per-second rate for the new water allocation.\n- (a) if the water licence states the volume of water that may be taken in a day—the stated volume; or\n- (b) if the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; or Note— There are 86,400 seconds in a day.\n- (c) if the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump— (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\n- (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or\n- (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\n- (d) otherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.\n- (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or\n- (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\n- (a) the conditions under which the water may be taken under the water licence;\n- (b) the water taking capacity of any works for taking water under the water licence;\n- (c) the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published;\n- (d) the efficiency of the water use mentioned in paragraph (c) .","sortOrder":102},{"sectionNumber":"sec.67","sectionType":"section","heading":"Volumetric limits","content":"### sec.67 Volumetric limits\n\nThe volumetric limit for a new water allocation is—\nfor a water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\nfor another water licence—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the water licence;\nthe water taking capacity of any works for taking water under the water licence;\nthe volume required for the allocation’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\ns 67 amd 2017 SL No. 7 s 24 ; 2019 SL No. 120 s 31\n- (a) for a water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\n- (b) for another water licence—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the water licence; (ii) the water taking capacity of any works for taking water under the water licence; (iii) the volume required for the allocation’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the conditions under which water may be taken under the water licence;\n- (ii) the water taking capacity of any works for taking water under the water licence;\n- (iii) the volume required for the allocation’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the conditions under which water may be taken under the water licence;\n- (ii) the water taking capacity of any works for taking water under the water licence;\n- (iii) the volume required for the allocation’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":103},{"sectionNumber":"sec.68","sectionType":"section","heading":"Conditions","content":"### sec.68 Conditions\n\nThe chief executive may impose on a new water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.\nIn deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the water licence.\ns 68 amd 2017 SL No. 7 s 25 ; 2019 SL No. 120 s 32\n(sec.68-ssec.1) The chief executive may impose on a new water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.\n(sec.68-ssec.2) In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the water licence.","sortOrder":104},{"sectionNumber":"sec.69","sectionType":"section","heading":"Water allocation groups","content":"### sec.69 Water allocation groups\n\nThe water allocation group for a new water allocation is stated in schedule 8A , column 2 opposite the subcatchment area from which water may be taken under the allocation.\ns 69 amd 2017 SL No. 7 s 26\nsub 2019 SL No. 120 s 33","sortOrder":105},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Water licences to take or interfere with unsupplemented water","content":"## Water licences to take or interfere with unsupplemented water","sortOrder":106},{"sectionNumber":"sec.70","sectionType":"section","heading":"Application of division","content":"### sec.70 Application of division\n\nThis division applies only to water licences to take or interfere with unsupplemented water that is surface water.\ns 70 amd 2019 SL No. 120 s 34","sortOrder":107},{"sectionNumber":"sec.71","sectionType":"section","heading":"Water licences to take unsupplemented water","content":"### sec.71 Water licences to take unsupplemented water\n\nA water licence to take unsupplemented water must state the following—\nthe purpose for which water may be taken under the licence, which must be 1 of the following—\nstock and domestic;\nrural;\nany;\nthe maximum rate for the licence;\nthe volumetric limit for the licence.\ns 71 sub 2014 SL No. 142 s 47\namd 2017 SL No. 7 s 27 ; 2019 SL No. 120 s 35\n- (a) the purpose for which water may be taken under the licence, which must be 1 of the following— (i) stock and domestic; (ii) rural; (iii) any;\n- (i) stock and domestic;\n- (ii) rural;\n- (iii) any;\n- (b) the maximum rate for the licence;\n- (c) the volumetric limit for the licence.\n- (i) stock and domestic;\n- (ii) rural;\n- (iii) any;","sortOrder":108},{"sectionNumber":"sec.72","sectionType":"section","heading":"Purpose to be stated on water licence to take unsupplemented water","content":"### sec.72 Purpose to be stated on water licence to take unsupplemented water\n\nThe purpose stated on a water licence to take unsupplemented water, replacing an existing licence, must be—\nif the purpose stated on the existing licence is stock purposes or domestic purposes—‘stock and domestic’; or\nif the purpose stated on the existing licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\notherwise—‘any’.\ns 72 amd 2019 SL No. 120 s 36\n- (a) if the purpose stated on the existing licence is stock purposes or domestic purposes—‘stock and domestic’; or\n- (b) if the purpose stated on the existing licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (c) otherwise—‘any’.","sortOrder":109},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 sub 2014 SL No. 142 s 48 ; 2017 SL No. 7 s 28\nom 2019 SL No. 120 s 37","sortOrder":110},{"sectionNumber":"sec.74","sectionType":"section","heading":"Maximum rates for water licences to take unsupplemented water","content":"### sec.74 Maximum rates for water licences to take unsupplemented water\n\nThe maximum rate for a water licence to take unsupplemented water is—\nif the licence states the volume of water that may be taken in a day—the stated volume; or\nif the licence does not state a volume but the works for taking water under the licence include a pump—\nfor a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or\nfor a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\notherwise—the maximum rate decided by the chief executive having regard to—\nthe type of licence; and\nan estimate or measurement of the maximum rate at which water can be taken under the licence.\nHowever, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken under the licence;\nthe water taking capacity of any works for taking water under the licence;\nthe irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the water use mentioned in paragraph (c) .\nAlso, if the water licence states a per-second rate, the chief executive must ensure the maximum rate for the licence is not more than the total volume that could be taken in a day at the per-second rate.\ns 74 sub 2014 SL No. 142 s 48 ; 2017 SL No. 7 s 28\namd 2019 SL No. 120 s 38\n(sec.74-ssec.1) The maximum rate for a water licence to take unsupplemented water is— if the licence states the volume of water that may be taken in a day—the stated volume; or if the licence does not state a volume but the works for taking water under the licence include a pump— for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or otherwise—the maximum rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the maximum rate at which water can be taken under the licence.\n(sec.74-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the licence; the water taking capacity of any works for taking water under the licence; the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .\n(sec.74-ssec.3) Also, if the water licence states a per-second rate, the chief executive must ensure the maximum rate for the licence is not more than the total volume that could be taken in a day at the per-second rate.\n- (a) if the licence states the volume of water that may be taken in a day—the stated volume; or\n- (b) if the licence does not state a volume but the works for taking water under the licence include a pump— (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\n- (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or\n- (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\n- (c) otherwise—the maximum rate decided by the chief executive having regard to— (i) the type of licence; and (ii) an estimate or measurement of the maximum rate at which water can be taken under the licence.\n- (i) the type of licence; and\n- (ii) an estimate or measurement of the maximum rate at which water can be taken under the licence.\n- (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or\n- (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or\n- (i) the type of licence; and\n- (ii) an estimate or measurement of the maximum rate at which water can be taken under the licence.\n- (a) the conditions under which the water may be taken under the licence;\n- (b) the water taking capacity of any works for taking water under the licence;\n- (c) the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan;\n- (d) the efficiency of the water use mentioned in paragraph (c) .","sortOrder":111},{"sectionNumber":"sec.75","sectionType":"section","heading":"Volumetric limits for water licences to take unsupplemented water","content":"### sec.75 Volumetric limits for water licences to take unsupplemented water\n\nThe volumetric limit for a water licence to take unsupplemented water is—\nfor a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\nfor a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor subcatchment areas A and B—8; and\nfor subcatchment area C—9; and\nfor subcatchment area D—6; and\nfor other subcatchment areas—12; and\nfor another licence—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence;\nthe water taking capacity of any works for taking water under the licence;\nthe volume required for the licence’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\ns 75 amd 2017 SL No. 7 s 29\n- (a) for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\n- (b) for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for subcatchment areas A and B—8; and (ii) for subcatchment area C—9; and (iii) for subcatchment area D—6; and (iv) for other subcatchment areas—12; and\n- (i) for subcatchment areas A and B—8; and\n- (ii) for subcatchment area C—9; and\n- (iii) for subcatchment area D—6; and\n- (iv) for other subcatchment areas—12; and\n- (c) for another licence—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) for subcatchment areas A and B—8; and\n- (ii) for subcatchment area C—9; and\n- (iii) for subcatchment area D—6; and\n- (iv) for other subcatchment areas—12; and\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":112},{"sectionNumber":"sec.76","sectionType":"section","heading":"Conditions for taking unsupplemented water","content":"### sec.76 Conditions for taking unsupplemented water\n\nThe chief executive may impose on a water licence to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.\nIn deciding the flow conditions under which water may be taken under the licence, the chief executive must have regard to the conditions stated on the licence.\n(sec.76-ssec.1) The chief executive may impose on a water licence to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.\n(sec.76-ssec.2) In deciding the flow conditions under which water may be taken under the licence, the chief executive must have regard to the conditions stated on the licence.","sortOrder":113},{"sectionNumber":"sec.77","sectionType":"section","heading":"Storing unsupplemented water taken under a water licence","content":"### sec.77 Storing unsupplemented water taken under a water licence\n\nWithout limiting section 76 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.\nIn deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.\n(sec.77-ssec.1) Without limiting section 76 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.\n(sec.77-ssec.2) In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.","sortOrder":114},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 om 2017 SL No. 7 s 30","sortOrder":115},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Overland flow water","content":"## Overland flow water","sortOrder":116},{"sectionNumber":"sec.79","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 101","content":"### sec.79 Limitation on taking overland flow water— Act , s 101\n\nThis section prescribes limits, for section 101 (1) (b) of the Act , on an authorisation for a person to take overland flow water under that section.\nSee section 101 (3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off.\nA person may not take overland flow water other than—\nfor stock purposes or domestic purposes; or\nfor another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or\nunder a water licence; or\noverland flow water of not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nunder an authority under section 80 .\nIn this section—\ncontaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.\nA copy of the code is available on the department’s website.\ns 79 amd 2013 Act No. 23 s 352 sch 1 pt 2 ; 2017 SL No. 7 s 31 ; 2019 SL No. 120 s 41\n(sec.79-ssec.1) This section prescribes limits, for section 101 (1) (b) of the Act , on an authorisation for a person to take overland flow water under that section. See section 101 (3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off.\n(sec.79-ssec.2) A person may not take overland flow water other than— for stock purposes or domestic purposes; or for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or under an authority under section 80 .\n(sec.79-ssec.3) In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.\n- (a) for stock purposes or domestic purposes; or\n- (b) for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or\n- (c) under a water licence; or\n- (d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) under an authority under section 80 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":117},{"sectionNumber":"sec.80","sectionType":"section","heading":"Taking water using particular existing overland flow works authorised","content":"### sec.80 Taking water using particular existing overland flow works authorised\n\nThis section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 79 (2) (a) to (d) .\nThe owner may continue to use the existing overland flow works to take overland flow water for 1 year after the amendment day.\nAlso, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.\nIn this section—\namendment day means the day the Water Amendment Plan (Burdekin Basin) 2019 commences.\ns 80 amd 2017 SL No. 7 s 33 ; 2019 SL No. 120 s 42\n(sec.80-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 79 (2) (a) to (d) .\n(sec.80-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the amendment day.\n(sec.80-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.\n(sec.80-ssec.4) In this section— amendment day means the day the Water Amendment Plan (Burdekin Basin) 2019 commences.","sortOrder":118},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 ins 2017 SL No. 7 s 36\nom 2020 SL No. 204 s 6","sortOrder":119},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":null,"content":"","sortOrder":120},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 amd 2009 SL No. 280 s 157 ; 2011 Act No. 40 s 107 sch\nom 2016 SL No. 216 s 146 sch 20","sortOrder":121},{"sectionNumber":"sec.82A","sectionType":"section","heading":null,"content":"### Section sec.82A\n\ns 82A ins 2010 SL No. 261 s 3\nom 2016 SL No. 216 s 146 sch 20","sortOrder":122},{"sectionNumber":"pt.6","sectionType":"part","heading":"Monitoring and reporting requirements","content":"# Monitoring and reporting requirements","sortOrder":123},{"sectionNumber":"sec.83","sectionType":"section","heading":"Monitoring and reporting requirements","content":"### sec.83 Monitoring and reporting requirements\n\nTo help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the water management protocol must state the monitoring requirements for water and natural ecosystems for this plan.\nSubsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.\ns 83 sub 2014 SL No. 142 s 49\namd 2017 SL No. 7 s 37\n(sec.83-ssec.1) To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the water management protocol must state the monitoring requirements for water and natural ecosystems for this plan.\n(sec.83-ssec.2) Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.","sortOrder":124},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 sub 2014 SL No. 142 s 49\nom 2016 SL No. 216 s 146 sch 20","sortOrder":125},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2014 SL No. 142 s 49","sortOrder":126},{"sectionNumber":"pt.7","sectionType":"part","heading":"Implementing and amending this plan","content":"# Implementing and amending this plan","sortOrder":127},{"sectionNumber":"sec.86","sectionType":"section","heading":"Water management protocol— Act , s 43","content":"### sec.86 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 address the following matters for the plan area—\nthe volumes of unallocated water reserved for stated purposes or stated locations;\nthe process for releasing unallocated water held as SunWater reserve;\nthe water allocation dealing rules that apply to the plan area;\nfor sections 126 (1) (b) and 130 (1) (c) of the Act , the dealings to amend a water licence to change the location from which water may be taken under the licence that are permitted;\nthe criteria and process for deciding an application for a dealing with a water licence mentioned in section 27A .\ns 86 prev s 86 om 2014 SL No. 142 s 49\npres s 86 ins 2019 SL No. 120 s 50\n(sec.86-ssec.1) For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\n(sec.86-ssec.2) The water management protocol must address the following matters for the plan area— the volumes of unallocated water reserved for stated purposes or stated locations; the process for releasing unallocated water held as SunWater reserve; the water allocation dealing rules that apply to the plan area; for sections 126 (1) (b) and 130 (1) (c) of the Act , the dealings to amend a water licence to change the location from which water may be taken under the licence that are permitted; the criteria and process for deciding an application for a dealing with a water licence mentioned in section 27A .\n- (a) the volumes of unallocated water reserved for stated purposes or stated locations;\n- (b) the process for releasing unallocated water held as SunWater reserve;\n- (c) the water allocation dealing rules that apply to the plan area;\n- (d) for sections 126 (1) (b) and 130 (1) (c) of the Act , the dealings to amend a water licence to change the location from which water may be taken under the licence that are permitted;\n- (e) the criteria and process for deciding an application for a dealing with a water licence mentioned in section 27A .","sortOrder":128},{"sectionNumber":"sec.87","sectionType":"section","heading":"Amendments of a type not requiring public consultation— Act , s 51","content":"### sec.87 Amendments of a type not requiring public consultation— Act , s 51\n\nFor section 51 (2) (a) of the Act , the following types of amendment to this plan do not require public consultation on a draft of the plan—\nan amendment or addition of—\nan environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or\na node; or\na priority group; or\na water allocation group; or\na water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or\na water management area;\nan amendment of the capacity mentioned in section 79 (2) (b) ;\nan amendment to subdivide a subcatchment area.\ns 87 amd 2014 SL No. 142 s 50\nsub 2017 SL No. 7 s 38\n- (a) an amendment or addition of— (i) an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or (ii) a node; or (iii) a priority group; or (iv) a water allocation group; or (v) a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or (vi) a water management area;\n- (i) an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or\n- (ii) a node; or\n- (iii) a priority group; or\n- (iv) a water allocation group; or\n- (v) a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or\n- (vi) a water management area;\n- (b) an amendment of the capacity mentioned in section 79 (2) (b) ;\n- (c) an amendment to subdivide a subcatchment area.\n- (i) an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or\n- (ii) a node; or\n- (iii) a priority group; or\n- (iv) a water allocation group; or\n- (v) a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or\n- (vi) a water management area;","sortOrder":129},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision for Water Plan (Burdekin Basin) (Applications for Water Licences) Amendment Plan 2020","content":"# Transitional provision for Water Plan (Burdekin Basin) (Applications for Water Licences) Amendment Plan 2020","sortOrder":130},{"sectionNumber":"sec.88","sectionType":"section","heading":"Application of s 26A","content":"### sec.88 Application of s 26A\n\nSection 26A, as in force on the commencement, applies to an application for a water licence made before or after the commencement.\nFrom the commencement, section 26A includes particular resource operation plan provisions of a kind mentioned in section 1264 (c) of the Act . For how the provisions were taken to have effect for the purposes of this plan before the commencement, see sections 1259 (2) (e) and (7) of the Act .\ns 88 prev s 88 amd 2009 SL No. 280 s 158 ; 2014 SL No. 142 s 51 ; 2016 SL No. 216 s 146 sch 20\nom 2017 SL No. 7 s 38\npres s 88 ins 2020 SL No. 204 s 7","sortOrder":131},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2017 SL No. 7 s 38","sortOrder":132},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Low flow objectives","content":"# Low flow objectives","sortOrder":133},{"sectionNumber":"sch.5-sec","sectionType":"section","heading":"Table 1","content":"### sch.5-sec Table 1\n\nAt each node mentioned in table 1, column 1—\nthe percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and\nthe percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and\nthe percentage of the total number of days in the simulation period that the daily flow is zero be not more than the percentage stated, for the node, in table 1, column 4.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nNode\nPercentage\nPercentage\nPercentage\n1\n24\n65\n5\n2\n15\n26\n66\n8\n44\n69\n15\n10\n25\n41\n49\n11\n32\n52\n35\n12\n32\n62\n15\nAt each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2.\nColumn 1\nColumn 2\nNode\nWater flow season\nJanuary–\nMarch water flow season percentage\nApril–\nJune water flow season percentage\nJuly–\nSeptember water flow season percentage\nOctober–\nDecember water flow season percentage\n1\n92\n84\n45\n44\n2\n64\n29\n4\n9\n12\n85\n81\n46\n35\nAt each node mentioned in table 3, column 1—\nthe number of periods of no flow of more than 1 month but not more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 2; and\nthe number of periods of no flow of more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 3.\nColumn 1\nColumn 2\nColumn 3\nNode\nPeriods of no flow of more than 1 month but not more than 6 months\nPeriods of no flow of more than 6 months\n1\n11\n0\n2\n144\n43\n8\n57\n1\n10\n165\n3\n11\n118\n1\n12\n54\n2\n(sch.5-sec-ssec.1) At each node mentioned in table 1, column 1— the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and the percentage of the total number of days in the simulation period that the daily flow is zero be not more than the percentage stated, for the node, in table 1, column 4. Column 1 Column 2 Column 3 Column 4 Node Percentage Percentage Percentage 1 24 65 5 2 15 26 66 8 44 69 15 10 25 41 49 11 32 52 35 12 32 62 15\n(sch.5-sec-ssec.2) At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2. Column 1 Column 2 Node Water flow season January– March water flow season percentage April– June water flow season percentage July– September water flow season percentage October– December water flow season percentage 1 92 84 45 44 2 64 29 4 9 12 85 81 46 35\n(sch.5-sec-ssec.3) At each node mentioned in table 3, column 1— the number of periods of no flow of more than 1 month but not more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 2; and the number of periods of no flow of more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 3. Column 1 Column 2 Column 3 Node Periods of no flow of more than 1 month but not more than 6 months Periods of no flow of more than 6 months 1 11 0 2 144 43 8 57 1 10 165 3 11 118 1 12 54 2\n- (a) the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and\n- (b) the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and\n- (c) the percentage of the total number of days in the simulation period that the daily flow is zero be not more than the percentage stated, for the node, in table 1, column 4.\n- (a) the number of periods of no flow of more than 1 month but not more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 2; and\n- (b) the number of periods of no flow of more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 3.","sortOrder":134},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Medium to high flow objectives","content":"# Medium to high flow objectives","sortOrder":135},{"sectionNumber":"sch.5-sec-oc.2","sectionType":"section","heading":"Table 4","content":"### sch.5-sec-oc.2 Table 4\n\nAt each node mentioned in table 4, column 1—\nthe mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and\nthe median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and\nthe 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and\nthe 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and\nthe 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nColumn 6\nNode\nMean annual flow percentage\nMedian annual flow percentage\n1.5 year daily flow volume\npercentage\n5 year daily flow volume percentage\n20 year daily flow volume percentage\n1\n75\n59\n50\n79\n86\n2\n92\n88\n95\n—\n—\n8\n97\n96\n99\n—\n—\n10\n98\n97\n98\n99\n99\n11\n92\n88\n94\n96\n98\n12\n82\n80\n92\n86\n86\nAt each node mentioned in table 5, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in table 5, column 2.\nColumn 1\nColumn 2\nNode\nAnnual proportional flow deviation\n1\n2.9\n2\n1.8\n10\n0.2\n11\n1\n12\n1.2\n(sch.5-sec-oc.2-ssec.1) At each node mentioned in table 4, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Node Mean annual flow percentage Median annual flow percentage 1.5 year daily flow volume percentage 5 year daily flow volume percentage 20 year daily flow volume percentage 1 75 59 50 79 86 2 92 88 95 — — 8 97 96 99 — — 10 98 97 98 99 99 11 92 88 94 96 98 12 82 80 92 86 86 At each node mentioned in table 5, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in table 5, column 2. Column 1 Column 2 Node Annual proportional flow deviation 1 2.9 2 1.8 10 0.2 11 1 12 1.2\n- (a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and\n- (b) the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and\n- (c) the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and\n- (d) the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and\n- (e) the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.\n- 2 At each node mentioned in table 5, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in table 5, column 2.","sortOrder":136},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Supplemented water","content":"# Supplemented water","sortOrder":137},{"sectionNumber":"sch.6-sec","sectionType":"section","heading":null,"content":"### Section sch.6-sec\n\nFor water allocations in the high priority group in the Burdekin Haughton Water Supply Scheme, the annual supplemented water sharing index be 100%.\nFor water allocations in the medium priority group in the Burdekin Haughton Water Supply Scheme—\nthe annual supplemented water sharing index be at least 90%; and\nthe monthly supplemented water sharing index be at least 95%; and\nFor water allocations in the high A1 priority group in the Bowen Broken Water Supply Scheme—\nthe annual supplemented water sharing index be at least 95%; and\nthe extent to which it is less than 99% be minimised; and\nthe monthly supplemented water sharing index be at least 98%.\nFor water allocations in the high A2 priority group in the Bowen Broken Water Supply Scheme—\nthe annual supplemented water sharing index be at least 90%; and\nthe extent to which it is less than 95% be minimised; and\nthe monthly supplemented water sharing index be at least 98%; and\nthe extent to which it is less than 99% be minimised.\nFor water allocations in the medium priority group in the Bowen Broken Water Supply Scheme—\nthe annual supplemented water sharing index be at least 65%; and\nthe extent to which it is less than 75% be minimised; and\nthe monthly supplemented water sharing index be at least 85%; and\nthe extent to which it is less than 90% be minimised.\n(sch.6-sec-ssec.1) For water allocations in the high priority group in the Burdekin Haughton Water Supply Scheme, the annual supplemented water sharing index be 100%.\n(sch.6-sec-ssec.2) For water allocations in the medium priority group in the Burdekin Haughton Water Supply Scheme— the annual supplemented water sharing index be at least 90%; and the monthly supplemented water sharing index be at least 95%; and\n(sch.6-sec-ssec.3) For water allocations in the high A1 priority group in the Bowen Broken Water Supply Scheme— the annual supplemented water sharing index be at least 95%; and the extent to which it is less than 99% be minimised; and the monthly supplemented water sharing index be at least 98%.\n(sch.6-sec-ssec.4) For water allocations in the high A2 priority group in the Bowen Broken Water Supply Scheme— the annual supplemented water sharing index be at least 90%; and the extent to which it is less than 95% be minimised; and the monthly supplemented water sharing index be at least 98%; and the extent to which it is less than 99% be minimised.\n(sch.6-sec-ssec.5) For water allocations in the medium priority group in the Bowen Broken Water Supply Scheme— the annual supplemented water sharing index be at least 65%; and the extent to which it is less than 75% be minimised; and the monthly supplemented water sharing index be at least 85%; and the extent to which it is less than 90% be minimised.\n- (a) the annual supplemented water sharing index be at least 90%; and\n- (b) the monthly supplemented water sharing index be at least 95%; and\n- (a) the annual supplemented water sharing index be at least 95%; and\n- (b) the extent to which it is less than 99% be minimised; and\n- (c) the monthly supplemented water sharing index be at least 98%.\n- (a) the annual supplemented water sharing index be at least 90%; and\n- (b) the extent to which it is less than 95% be minimised; and\n- (c) the monthly supplemented water sharing index be at least 98%; and\n- (d) the extent to which it is less than 99% be minimised.\n- (a) the annual supplemented water sharing index be at least 65%; and\n- (b) the extent to which it is less than 75% be minimised; and\n- (c) the monthly supplemented water sharing index be at least 85%; and\n- (d) the extent to which it is less than 90% be minimised.","sortOrder":138},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Unsupplemented water","content":"# Unsupplemented water","sortOrder":139},{"sectionNumber":"sch.6-sec-oc.2","sectionType":"section","heading":"Table 1","content":"### sch.6-sec-oc.2 Table 1\n\nFor water allocations in a water allocation group mentioned in table 1, column 1—\nthe 30% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 2; and\nthe 50% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 3; and\nthe 70% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 4.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nWater allocation group\n30% unsupplemented water sharing index percentage\n50% unsupplemented water sharing index percentage\n70% unsupplemented water sharing index percentage\nA1 (Lower Burdekin)\n107\n107\n107\nB1 (Haughton)\n107\n107\n107\nC1 (Bowen)\n110\n110\n110\nFor water allocations in a water allocation group mentioned in table 2, column 1, the annual volume probability be at least the percentage stated for the group in table 2, column 2.\nColumn 1\nColumn 2\nWater allocation group\nAnnual volume probability (%)\nA1\n85\nB1\n85\nC1\n75\nF1\n52\nF2\n39\nG1\n37\nG2\n45\nG3\n40\nG4\n71\n(sch.6-sec-oc.2-ssec.1) For water allocations in a water allocation group mentioned in table 1, column 1— the 30% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 2; and the 50% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 3; and the 70% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 4. Column 1 Column 2 Column 3 Column 4 Water allocation group 30% unsupplemented water sharing index percentage 50% unsupplemented water sharing index percentage 70% unsupplemented water sharing index percentage A1 (Lower Burdekin) 107 107 107 B1 (Haughton) 107 107 107 C1 (Bowen) 110 110 110\n(sch.6-sec-oc.2-ssec.2) For water allocations in a water allocation group mentioned in table 2, column 1, the annual volume probability be at least the percentage stated for the group in table 2, column 2. Column 1 Column 2 Water allocation group Annual volume probability (%) A1 85 B1 85 C1 75 F1 52 F2 39 G1 37 G2 45 G3 40 G4 71\n- (a) the 30% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 2; and\n- (b) the 50% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 3; and\n- (c) the 70% unsupplemented water sharing index be at least the percentage stated for the group in table 1, column 4.","sortOrder":140}],"analysis":{"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"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3805},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has accreted significant complexity beyond its original 2007 framework. Through amendments in 2014, 2017, 2019, and 2020, it has expanded from a broad resource planning document into a highly technical administrative code. It now includes intricate rules for converting legacy water licences to tradeable allocations (Part 5, Div 6), comprehensive regulation of overland flow capture (farm dams) with grandfathering clauses (ss 3A, 79, 80), detailed water-trading restrictions (ss 26B, 27A, 27C), and specific hydrological modelling requirements (IQQM) that tie administrative decisions to computer-simulated flow data."},"complexity_factors":["Nested definitional provisions, notably s 3A defining “existing overland flow works” with three alternative date thresholds (17 January 2002, 30 June 2002, 3 August 2007), reconfiguration clauses, and historical averaging formulas.","Extensive cross-referencing to external statutes including the *Water Act 2000*, *Water Regulation 2016*, *Environmental Protection Act 1994*, and *Professional Engineers Act 2002*.","Technical hydrological performance indicators in Schedules 5 and 6 (e.g., “50% non-zero daily flow,” “1.5 year daily flow volume,” “annual proportional flow deviation”) tied to specific monitoring nodes.","Multi-layered spatial divisions creating overlapping regulatory zones: subcatchment areas, water management areas, water allocation zones, water licence zones, and trading zones.","Conditional conversion formulas in ss 66, 74, and 75 for calculating maximum pumping rates and volumetric limits based on pump specifications, historical usage data (up to 10 years), or irrigation efficiency.","Granular procedural rules for administrative decisions, including specific notice requirements (s 25B), engineer certification requirements, and exceptions for economic hardship (s 22) or coordinated projects (s 33B)."],"plain_english_summary":"This is the rulebook for managing water in Queensland’s Burdekin River basin—one of Australia’s largest sugarcane and irrigation regions, flowing into the Great Barrier Reef.\n\n**What it does**\nThe plan strikes a balance between taking water for towns (like Townsville and Charters Towers), agriculture, and mining, while keeping enough water in the rivers to protect fish, wetlands, and the Reef’s health.\n\n**Key concepts**\n*   **Water allocations**: Tradeable rights to take water, separate from land ownership. The plan sets out how old licences are converted into these modern entitlements.\n*   **Overland flow**: Rainwater running across the land that is often captured in farm dams. The plan “grandfathers” dams built before specific cut-off dates (generally 2002 or 2007) but restricts new ones (usually to 250 megalitres capacity).\n*   **Supplemented vs unsupplemented**: “Supplemented” water comes from large government dams (reliable); “unsupplemented” is taken directly from rivers (varies with rainfall).\n*   **Nodes**: Specific measuring points on rivers where environmental flow targets are checked.\n\n**Who it affects**\n*   **Farmers and irrigators**: Must comply with volumetric limits (annual caps) and maximum pumping rates. Those in the Upper Burdekin or Cape Campaspe areas may have their old licences converted to water allocations.\n*   **Miners and industry**: Must apply for licences or allocations; there are specific reserves of water set aside for future industrial development.\n*   **Rural landholders**: Can take water for stock and domestic use without a licence in some areas, but may need one if capturing large volumes of overland flow.\n*   **Traditional Owners**: The plan recognises and seeks to protect water-related cultural values.\n\n**How it works**\n*   **Zones**: The basin is split into subcatchments (A, B, C, etc.), water allocation zones, and trading zones, each with different rules.\n*   **Environmental protection**: Strict “flow objectives” require that specific percentages of natural flow remain in the river at monitoring nodes to support fish breeding, sediment movement, and freshwater flows to the Reef.\n*   **Unallocated water**: The government holds back over 500,000 megalitres in “reserves” for future State purposes, such as raising the Burdekin Falls Dam or supplying new industrial projects.\n*   **Administration**: Decisions about granting licences or converting entitlements must use a specific computer model (IQQM) to ensure environmental targets are met."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan has materially expanded from a high‑level allocation framework into a detailed operational instrument. Amendments and inserted provisions introduced substantial new mechanics: explicit rules for converting past authorities/overland flow works into licences (ss 25A–25D, 27B), creation of water licence zones and trading zones (ss 7, 7A, 7B), formal numeric node‑based environmental flow targets and allocation‑security indices (sched. 5 & 6), and the reservation and detailed release processes for large volumes of unallocated water (ss 29–33, s 30). The plan also delegates many operational matters to the water management protocol and relies on specified modelling (IQQM) to verify compliance (ss 20, 33A, 86). These additions move the instrument beyond simply stating objectives and into specifying conversion procedures, technical proof requirements, market‑enabling arrangements and State‑reserve allocations — concentrating implementation detail and administrative discretion that were not present in the original 2007 framework."},"complexity_factors":["Many cross-references to the Water Act and Water Regulation (e.g. ss 19–20, 33A, 86) increasing interpretive complexity","Multiple schedules embedding numerical targets and tables (schedules 1,2,2A,2B,2C,4,5,6,8,8A,10)","Numerous numeric thresholds and caps (e.g. 5 ML limit s 34; 250 ML overland flow cap s 79; reserve volumes s 30)","Nested conditional rules and exceptions (e.g. s 3A definition of existing works with multiple date-based branches)","Extensive administrative discretion for the chief executive across many decision points (ss 20, 25C, 25D, 66–68, 76)","Multiple processes split across instruments (plan, water management protocol, Water Regulation) (ss 33A, 86)","Detailed conversion mechanics for licences to allocations with many elements to decide (ss 54–69)","Technical dependency on hydrological modelling (IQQM) and node-level simulation requirements (s 20; s 15; sched. 5)","Varied categories of water and reserves (general, strategic, SunWater) and distinct release processes (ss 29–33B)","Significant numeric performance indicators and indexing rules for allocation security (sched. 6)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Establishes a statutory water plan for the Burdekin Basin that: defines the plan area and subzones (maps and digital boundaries) (ss 4–9, s 8); states which types of water it governs (surface water, springs, overland flow) (s 10); and sets the plan’s purposes (s 2).\n- Sets outcomes and measurable objectives for both ecological (environmental flow) outcomes and water-allocation security (ss 11–18; schedules 5 and 6). The schedules contain numeric flow and allocation-security targets for named monitoring nodes and allocation groups (sched. 5, sched. 6).\n- Requires decisions about allocation or management (other than water permits) to be consistent with those objectives and prescribes the technical model to assess consistency (IQQM simulation, with an alternative only if approved by the chief executive) (ss 19–20).\n- Creates geographic and administrative zones: subcatchment areas, water management areas, water allocation zones, water licence zones and trading zones, and declares certain groundwater to be water in a watercourse where hydraulically connected (ss 5–7C).\n- Establishes detailed rules for: granting, amending and dealing with water licences (including who may apply and under what limits) (ss 25B–28A, 26–28, 26A, 26B, 27–28A); converting existing licences to water allocations and the required elements of new allocations (ss 54–69); maximum take rates and volumetric limits (ss 66–67, 74–75); and conditions the chief executive may impose (ss 68, 76–77).\n- Regulates overland flow water: defines when overland flow works count as “existing” (s 3A), limits who may take overland flow and in what quantity (s 79), and provides a transitional right to continue using existing overland flow works if notice is given (s 80).\n- Sets aside and manages unallocated water as different reserves (general reserve, strategic reserve, SunWater reserve), fixes total volumes and prescribes processes for releasing unallocated water (ss 29–33B; s 30 states reserve volumes; s 33A ties release processes to the Water Regulation or the water management protocol).\n- Requires a water management protocol to be prepared to implement operational matters (ss 86, 83), and prescribes monitoring/reporting requirements to support assessment of plan outcomes (s 83).\n- Identifies a set of amendments that may be made without public consultation (s 87). Transitional provisions address how some application rules apply (s 88).\n\n**Who is affected**\n\n- Existing and prospective water users in the Burdekin Basin: irrigators, pastoralists, town water suppliers (for example Townsville), industry and mining operators—because the plan sets who can take water, how much, under what conditions and when (ss 10, 12, 30, sched. 6).\n- Owners of existing overland flow works: the plan defines “existing” works, limits future overland flow taking, and provides a pathway to licence or continue use subject to notice (s 3A, ss 79–80, ss 25A–25D).\n- Licence applicants and holders: must meet documentation, reporting and potentially engineering verification requirements when licences are granted, amended or converted (ss 25B–25D, ss 63–68).\n- The State (through the chief executive and the Minister): decides allocation, conversion, release of unallocated water, and sets operational protocol details and monitoring (ss 19–20, 33A, 83–86).\n- SunWater (and similar infrastructure managers): specifically referenced via a SunWater reserve and operational matters (ss 29–33; s 30(c)).\n- Aboriginal and Torres Strait Islander communities and other holders of cultural values: plan requires consideration of cultural values in decisions and environmental rules (ss 12(k), 23(b)(viii)).\n\n**Why it matters (official purpose and functional trade-offs)**\n\n- Official rationale: the plan declares purposes including defining water availability, providing a framework for sustainable management and allocations, supporting town and industry growth, protecting existing entitlements and existing overland flow works, and supporting ecological objectives (s 2; ss 11–14). The plan implements those purposes by setting measurable environmental-flow and allocation-security objectives and by allocating unallocated water to reserves tied to state and infrastructure purposes (ss 15–18; ss 29–33; schedules 5–6).\n\n- Testing those purpose-claims against trade-offs and mechanics:\n  - Who decides: the chief executive (departmental official) has broad decision-making and approval powers — for accepting alternative hydrological assessment methods (s 20), imposing licence conditions (ss 68, 76), deciding nominal volumes and rates (ss 64–67), and determining release processes to give effect to the plan via the water management protocol (s 86). That centralised discretion focuses implementation risk, requires quality administrative capacity, and concentrates procedural choice in the executive (multiple sections cited above).\n  - Who pays / bears costs: private water users bear compliance and adjustment costs — providing reports, engineering verification for overland flow works (s 25B(3)–(4)), meeting conditions, possible limits on storage capacity (ss 26, 66–67). The State funds monitoring and prepares the water management protocol (ss 83–86), and retains the ability to release strategic reserve water for State purposes or projects (ss 30, 32, 33B), which can create opportunity costs for private users if volumes are committed to State projects.\n  - Behaviour changes required: licence holders may need to formalise past overland flow taking into licences, provide technical evidence, accept volumetric limits and flow-conditional restrictions, and in some cases separate overland flow rights from other licences (ss 25A–25D, 27B). Prospective entrants will face acceptance limits (e.g. certain applications not accepted — s 26A) and volumetric caps for small storages (s 26(4)).\n  - Effects on private enterprise and markets: the plan enables trade within water allocation zones and identifies trading zones (s 7B). Converting licences to allocations, fixed volumetric limits and allocation groups (sched. 6; ss 55–69) formalise property-like water rights which supports market transactions, but reserve volumes and state release processes (ss 29–33, 33A) mean some water remains under state control and can be allocated to projects — a concentrated benefit for projects that receive releases and a diffuse reduction in available unallocated water for others.\n  - Compliance burden and technical dependence: the plan relies on hydrological simulation (IQQM) to test consistency with objectives (s 20) and contains numerous numerical performance indicators and node-specific targets (sched. 5). That creates technical entry costs (model runs, data, certified engineering reports) for applicants and administrative costs for regulators.\n  - Concentrated benefits vs diffuse costs: the plan explicitly reserves large tranche volumes for State purposes, potential dam raising and industrial water infrastructure (s 32). These are concentrated gains for particular projects/regions (e.g. Bowen/Broken, Burdekin Falls Dam raising) and may reduce the pool of unallocated water for general allocation (s 30). The plan also protects existing overland flow works (s 12(b), s 80), which concentrates continuity benefits to established users.\n  - Implementation risk and substitution effects: strict node-level flow targets (sched. 5) and allocation-security indices (sched. 6) mean that to meet objectives regulators may curtail extractions, change flow-conditional rules, or prioritise allocations differently in dry years. Users may respond by investing in on-farm storage, altering crops, or seeking trading deals — substitution between surface water, groundwater and stored water is incentivised by the plan’s limits and conditions (multiple sections on storage and conditions: ss 26, 77, 79, 68, 76).\n\n**Key numerical and procedural constraints to notice**\n\n- Reserve volumes: general reserve 200,000 ML; strategic reserve 335,000 ML; SunWater reserve 8,744 ML (s 30).\n- Overland flow limits: most overland flow taking requires licence or fits into small-use exceptions; 250 ML cap for works taking overland flow for a non-stock/domestic purpose without licence (s 79(2)(b)).\n- Small-take limits for prescribed activities: up to 5 ML in subcatchment areas E, F or G for prescribed activity under the Water Regulation (s 34).\n- Technical test: the IQQM simulation is the baseline assessment method; alternative methods need chief executive approval showing equal accuracy (s 20).\n\n**Where authority and implementation details sit**\n\n- The plan sets strategic objectives and numerical targets and leaves operational detail to the water management protocol and the chief executive (ss 19–20, 83–86). Several processes (release of unallocated water, dealings to amend location, permitted dealings) are delegated to secondary instruments (Water Regulation, water management protocol) (ss 33A, 86).\n\n**Practical consequences (brief)**\n\n- Existing users with informal overland flow works must either rely on existing-use protections (if they meet the definition of existing works) or seek authorisation and may need engineering verification and usage reports (s 3A, ss 25B–25D, ss 79–80).\n- Investors and large users should expect reserve-held water to be an important source for major projects but that releases follow prescribed processes and may be time-limited (s 32, s 33B, s 33A).\n- Environmental performance is enforced through node-based numeric indicators; licence decisions and allocation dealings are to be checked against those performance indicators via hydrological simulation (s 15, s 20, sched. 5)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan's scope has expanded significantly from its 2007 origins. It originally focused on defining water availability, sustainable management frameworks, and regulating overland flow. Through a series of amendments (2014, 2017, 2019, 2020), it has grown to include: detailed water licence dealing rules; a formal process for converting 'authorities' to water licences; new spatial layers (water licence zones, water management areas, Giru Benefited Groundwater Area declarations); rules about groundwater hydraulically connected to watercourses; specific provisions about SunWater reserves; and detailed processes for releasing unallocated water. The original plan also contained numerous sections (ss.36–53) that were entirely omitted by later amendments, indicating significant restructuring of how water allocation and trading rules are dealt with — those functions appear to have shifted to the water management protocol and the Water Regulation 2016."},"complexity_factors":["Multiple overlapping spatial frameworks: the plan area is subdivided into subcatchment areas, water management areas, water allocation zones, water licence zones, and trading zones — each with different rules","Extensive cross-referencing to other instruments including the Water Act 2000, Water Regulation 2016, water management protocol, resource operations licences, and other water plans (e.g. Great Artesian Basin plan)","Multiple categories of water entitlements (water allocations, water licences, authorities) with different rules for each, and complex processes for converting between them","Layered reserve system (general, strategic, SunWater) with sub-purposes and volume caps for each reserve and each subcatchment","Historical transitional provisions: key definitions (especially 'existing overland flow works') depend on events and moratorium notices dating back to 1997 and 2002, requiring understanding of now-repealed legislation","Multiple amendments since 2007 (2014, 2016, 2017, 2019, 2020) have relocated, renumbered, inserted and omitted sections, making it hard to follow the current state of the law from the text alone","Technical environmental flow concepts (50th/80th percentile non-zero daily flows, annual proportional flow deviation, IQQM modelling) that require specialist hydrology knowledge to interpret","Separate rules for supplemented vs unsupplemented water, and for different subcatchment areas, requiring users to identify which category applies to them","Interaction with other plans, protocols, and regulations means the plan cannot be understood in isolation"],"plain_english_summary":"This rulebook sets how water in the Burdekin Basin is allocated, used and traded. It affects irrigators, graziers, miners, Townsville and other urban users, First Nations communities and SunWater by controlling who may take water, protecting existing rights, reserving large volumes for future or strategic uses, and restricting most new surface‑water licences.\n\nLegally binding environmental flow objectives, limits on overland‑flow capture, defined trading zones and modelled decision‑making ensure river, estuary and reef values are protected while enabling a regional water market."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-burdekin-basin-2007","history":"/api/acts/water-plan-burdekin-basin-2007/history","analysis":"/api/acts/water-plan-burdekin-basin-2007/analysis","conflicts":"/api/acts/water-plan-burdekin-basin-2007/conflicts","importantCases":"/api/acts/water-plan-burdekin-basin-2007/important-cases","documents":"/api/acts/water-plan-burdekin-basin-2007/documents"}}