{"id":"qld:sl-2014-0184","name":"Water Plan (Burnett Basin) 2014","slug":"water-plan-burnett-basin-2014","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"184 of 2014","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175447,"registerId":"qld-qld:sl-2014-0184-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Environmental flow objectives","content":"# Environmental flow objectives","sortOrder":0},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Surface water","content":"## Surface water","sortOrder":1},{"sectionNumber":"sec.17","sectionType":"section","heading":"Performance indicators for environmental flow objectives","content":"### sec.17 Performance indicators for environmental flow objectives\n\nThe performance indicators for the environmental flow objectives for surface water are—\nthe number of periods of no flow of at least 6 months; and\nthe mean annual flow; and\nthe median annual flow; and\nthe 1.5 year daily flow volume; and\nthe 5 year daily flow volume; and\nthe 20 year daily flow volume.\n- (a) the number of periods of no flow of at least 6 months; and\n- (b) the mean annual flow; and\n- (c) the median annual flow; and\n- (d) the 1.5 year daily flow volume; and\n- (e) the 5 year daily flow volume; and\n- (f) the 20 year daily flow volume.","sortOrder":2},{"sectionNumber":"sec.18","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.18 Environmental flow objectives\n\nThe environmental flow objectives for surface water for this plan are stated in schedule 7 , part 1 .","sortOrder":3},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Groundwater in Coastal Burnett groundwater management area","content":"## Groundwater in Coastal Burnett groundwater management area","sortOrder":4},{"sectionNumber":"sec.19","sectionType":"section","heading":"Performance indicators for environmental flow objectives—groundwater-dependent ecosystems","content":"### sec.19 Performance indicators for environmental flow objectives—groundwater-dependent ecosystems\n\nThe performance indicators for the environmental flow objectives for a node or groundwater sub-area for assessing groundwater levels to support groundwater-dependent ecosystems in the Coastal Burnett groundwater management area are—\nthe average depth to the watertable; and\nthe drawdown period; and\nthe average ocean groundwater discharge.\n- (a) the average depth to the watertable; and\n- (b) the drawdown period; and\n- (c) the average ocean groundwater discharge.","sortOrder":5},{"sectionNumber":"sec.20","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.20 Environmental flow objectives\n\nThe environmental flow objectives for groundwater in the Coastal Burnett groundwater management area are stated in schedule 7 , part 2 .","sortOrder":6},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Water allocation security objectives","content":"# Water allocation security objectives","sortOrder":7},{"sectionNumber":"sec.21","sectionType":"section","heading":"Performance indicators for water allocation security objectives","content":"### sec.21 Performance indicators for water allocation security objectives\n\nThe performance indicators for the water allocation security objectives are—\nfor water allocations to take supplemented water—the monthly supplemented water sharing index; and\nfor water allocations to take unsupplemented surface water—the annual volume probability; and\nfor water allocations to take unsupplemented groundwater—\nthe groundwater annual volume probability; and\n90% annual volume probability.\n- (a) for water allocations to take supplemented water—the monthly supplemented water sharing index; and\n- (b) for water allocations to take unsupplemented surface water—the annual volume probability; and\n- (c) for water allocations to take unsupplemented groundwater— (i) the groundwater annual volume probability; and (ii) 90% annual volume probability.\n- (i) the groundwater annual volume probability; and\n- (ii) 90% annual volume probability.\n- (i) the groundwater annual volume probability; and\n- (ii) 90% annual volume probability.","sortOrder":8},{"sectionNumber":"sec.22","sectionType":"section","heading":"Water allocation security objectives","content":"### sec.22 Water allocation security objectives\n\nThe water allocation security objectives for this plan are stated in—\nfor water allocations to take supplemented water— schedule 8 , part 1 ; and\nfor water allocations to take unsupplemented surface water— schedule 8 , part 2 ; and\nfor water allocations to take unsupplemented groundwater— schedule 8 , part 3 .\n- (a) for water allocations to take supplemented water— schedule 8 , part 1 ; and\n- (b) for water allocations to take unsupplemented surface water— schedule 8 , part 2 ; and\n- (c) for water allocations to take unsupplemented groundwater— schedule 8 , part 3 .","sortOrder":9},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Strategies for both surface water and groundwater","content":"# Strategies for both surface water and groundwater","sortOrder":10},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":11},{"sectionNumber":"sec.23","sectionType":"section","heading":"Application of pt 1","content":"### sec.23 Application of pt 1\n\nThe strategies stated in this part apply to surface water and groundwater.","sortOrder":12},{"sectionNumber":"sec.24","sectionType":"section","heading":"Decisions to be consistent with objectives","content":"### sec.24 Decisions to be consistent with objectives\n\nDecisions made by the chief executive 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 7 ; and\nthe water allocation security objectives stated in schedule 8 .\n- (a) the environmental flow objectives stated in schedule 7 ; and\n- (b) the water allocation security objectives stated in schedule 8 .","sortOrder":13},{"sectionNumber":"sec.25","sectionType":"section","heading":"Assessing impact of decisions about surface water, and groundwater in Three Moon Creek groundwater sub-area","content":"### sec.25 Assessing impact of decisions about surface water, and groundwater in Three Moon Creek groundwater sub-area\n\nThe IQQM computer program’s simulation for the IQQM simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for—\nsurface water; and\ngroundwater in the Three Moon Creek groundwater sub-area.\nIf it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\nHowever, 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.\n(sec.25-ssec.1) The IQQM computer program’s simulation for the IQQM simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for— surface water; and groundwater in the Three Moon Creek groundwater sub-area.\n(sec.25-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.25-ssec.3) However, 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.\n- (a) surface water; and\n- (b) groundwater in the Three Moon Creek groundwater sub-area.","sortOrder":14},{"sectionNumber":"sec.26","sectionType":"section","heading":"Assessing impact of decisions about groundwater in Coastal Burnett groundwater management area","content":"### sec.26 Assessing impact of decisions about groundwater in Coastal Burnett groundwater management area\n\nThe Coastal Burnett groundwater computer program’s simulation for the groundwater simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater in the Coastal Burnett groundwater management area.\nIf it is not practicable to use the Coastal Burnett groundwater computer program, another assessment method approved by the chief executive may be used.\nHowever, 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 Coastal Burnett groundwater computer program.\n(sec.26-ssec.1) The Coastal Burnett groundwater computer program’s simulation for the groundwater simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater in the Coastal Burnett groundwater management area.\n(sec.26-ssec.2) If it is not practicable to use the Coastal Burnett groundwater computer program, another assessment method approved by the chief executive may be used.\n(sec.26-ssec.3) However, 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 Coastal Burnett groundwater computer program.","sortOrder":15},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Interim arrangements and directions to chief executive about applications","content":"## Interim arrangements and directions to chief executive about applications","sortOrder":16},{"sectionNumber":"sec.27","sectionType":"section","heading":"Application of div 2","content":"### sec.27 Application of div 2\n\nThis division does not apply to an application under—\nsection 221 of the Act to reinstate an expired water licence; or\nsection 224 of the Act to amalgamate 2 or more water licences; or\nsection 225 of the Act to subdivide a water licence; or\nsection 229 of the Act to replace a jointly held water licence after the disposal of land under that section.\n- (a) section 221 of the Act to reinstate an expired water licence; or\n- (b) section 224 of the Act to amalgamate 2 or more water licences; or\n- (c) section 225 of the Act to subdivide a water licence; or\n- (d) section 229 of the Act to replace a jointly held water licence after the disposal of land under that section.","sortOrder":17},{"sectionNumber":"sec.28","sectionType":"section","heading":"Applications for water licence to take or interfere with surface water made before 29 May 2003","content":"### sec.28 Applications for water licence to take or interfere with surface water made before 29 May 2003\n\nThis section applies to an application for a water licence to take or interfere with surface water in the plan area made under the Act or the repealed Act before 29 May 2003 and not finally decided before the commencement.\nHowever, this section does not apply if works existed on 14 December 2000 on land to which the application relates.\nThe chief executive must refuse the application if granting the application would have 1 or more of the following effects in relation to water to which this plan applies—\nincrease the amount of water that may be taken;\nchange the location from which water may be taken;\nincrease the rate at which water may be taken;\nchange the flow conditions under which water may be taken;\nincrease or change the interference with the water.\n(sec.28-ssec.1) This section applies to an application for a water licence to take or interfere with surface water in the plan area made under the Act or the repealed Act before 29 May 2003 and not finally decided before the commencement.\n(sec.28-ssec.2) However, this section does not apply if works existed on 14 December 2000 on land to which the application relates.\n(sec.28-ssec.3) The chief executive must refuse the application if granting the application would have 1 or more of the following effects in relation to water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water.\n- (a) increase the amount of water that may be taken;\n- (b) change the location from which water may be taken;\n- (c) increase the rate at which water may be taken;\n- (d) change the flow conditions under which water may be taken;\n- (e) increase or change the interference with the water.","sortOrder":18},{"sectionNumber":"sec.29","sectionType":"section","heading":"Additional criteria for deciding applications about surface water if works existed on 14 December 2000— Act , s 210 (1) (c)","content":"### sec.29 Additional criteria for deciding applications about surface water if works existed on 14 December 2000— Act , s 210 (1) (c)\n\nThis section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates.\nIf the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be—\nfor an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\nif the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following—\nthe water-taking capacity of the works;\nthe volume of water required for the purpose stated on the application;\nthe annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement;\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\nAlso, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence—\nthe maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and\nthe maximum height of impounded water must not be greater than the height of the works; and\nthe purpose to be stated on the water licence must be ‘conserve water’.\n(sec.29-ssec.1) This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates.\n(sec.29-ssec.2) If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) .\n(sec.29-ssec.3) Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’.\n- (a) for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\n- (b) if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— (i) the water-taking capacity of the works; (ii) the volume of water required for the purpose stated on the application; (iii) the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the water-taking capacity of the works;\n- (ii) the volume of water required for the purpose stated on the application;\n- (iii) the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement;\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the water-taking capacity of the works;\n- (ii) the volume of water required for the purpose stated on the application;\n- (iii) the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement;\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (a) the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and\n- (b) the maximum height of impounded water must not be greater than the height of the works; and\n- (c) the purpose to be stated on the water licence must be ‘conserve water’.","sortOrder":19},{"sectionNumber":"sec.30","sectionType":"section","heading":"Direction to chief executive about non-acceptance of application to take surface water","content":"### sec.30 Direction to chief executive about non-acceptance of application to take surface water\n\nAn application for a water licence, made under section 206 of the Act , to take surface water must not be accepted if granting the application would have either of the following effects in relation to water in the plan area—\nincrease the amount of water that may be taken; or\nchange the location from which water may be taken.\nSee section 40 for the process for granting unallocated water.\n- (a) increase the amount of water that may be taken; or\n- (b) change the location from which water may be taken.","sortOrder":20},{"sectionNumber":"sec.31","sectionType":"section","heading":"Direction to chief executive about refusal of application to take groundwater in a relevant groundwater management area","content":"### sec.31 Direction to chief executive about refusal of application to take groundwater in a relevant groundwater management area\n\nThis section applies to an application for a water licence, made under section 206 of the Act , to take groundwater from a relevant groundwater management area, other than an application for the purpose of agricultural dewatering in the Coastal Burnett groundwater management area.\nThe application must be refused if granting the application would have 1 or more of the following effects in relation to the water to which this plan applies—\nincrease the amount of water that may be taken;\nchange the location from which water may be taken;\nchange the conditions under which water may be taken.\n(sec.31-ssec.1) This section applies to an application for a water licence, made under section 206 of the Act , to take groundwater from a relevant groundwater management area, other than an application for the purpose of agricultural dewatering in the Coastal Burnett groundwater management area.\n(sec.31-ssec.2) The application must be refused if granting the application would have 1 or more of the following effects in relation to the water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; change the conditions under which water may be taken.\n- (a) increase the amount of water that may be taken;\n- (b) change the location from which water may be taken;\n- (c) change the conditions under which water may be taken.","sortOrder":21},{"sectionNumber":"sec.32","sectionType":"section","heading":"Interim arrangements for rules for taking or sharing water in particular water supply schemes— Act , s 46 (2) (l)","content":"### sec.32 Interim arrangements for rules for taking or sharing water in particular water supply schemes— Act , s 46 (2) (l)\n\nThe environmental management rules and infrastructure operating rules are the following—\nfor the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 2 ;\nfor the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 2 ;\nfor the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 2 .\nThe water sharing rules are the following—\nfor the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 3 ;\nfor the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 3 ;\nSee section 2 for the commencement of paragraph (b) .\nfor the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 3 .\nThe environmental management rules, infrastructure operating rules and water sharing rules mentioned in subsection (1) or (2) apply for a water supply scheme mentioned in the subsection until the resource operations plan is first amended, after the commencement, to state the environmental management rules, infrastructure operating rules and water sharing rules for the water supply scheme.\n(sec.32-ssec.1) The environmental management rules and infrastructure operating rules are the following— for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 2 ; for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 2 ; for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 2 .\n(sec.32-ssec.2) The water sharing rules are the following— for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 3 ; for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 3 ; See section 2 for the commencement of paragraph (b) . for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 3 .\n(sec.32-ssec.3) The environmental management rules, infrastructure operating rules and water sharing rules mentioned in subsection (1) or (2) apply for a water supply scheme mentioned in the subsection until the resource operations plan is first amended, after the commencement, to state the environmental management rules, infrastructure operating rules and water sharing rules for the water supply scheme.\n- (a) for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 2 ;\n- (b) for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 2 ;\n- (c) for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 2 .\n- (a) for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 3 ;\n- (b) for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 3 ; Note— See section 2 for the commencement of paragraph (b) .\n- (c) for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 3 .","sortOrder":22},{"sectionNumber":"sec.33","sectionType":"section","heading":"Particular provisions of the resource operations plan cease to have effect— Act , s 106A (3)","content":"### sec.33 Particular provisions of the resource operations plan cease to have effect— Act , s 106A (3)\n\nOn the commencement, the following provisions of the resource operations plan cease to have effect for the plan area—\nchapter 4 , sections 4 .1.5, 4.2.5, 4.2.6, 4.4.5 and 4.4.6;\nchapter 6 , section 6 .1;\nchapter 7 ;\nattachments 4.1E, 4.2E, 4.2F, 4.3E and 4.3F.\nThe following provisions of the resource operations plan cease to have effect on the commencement of section 32 (2) (b) —\nchapter 4 , section 4 .1.6;\nattachment 4.1F.\n(sec.33-ssec.1) On the commencement, the following provisions of the resource operations plan cease to have effect for the plan area— chapter 4 , sections 4 .1.5, 4.2.5, 4.2.6, 4.4.5 and 4.4.6; chapter 6 , section 6 .1; chapter 7 ; attachments 4.1E, 4.2E, 4.2F, 4.3E and 4.3F.\n(sec.33-ssec.2) The following provisions of the resource operations plan cease to have effect on the commencement of section 32 (2) (b) — chapter 4 , section 4 .1.6; attachment 4.1F.\n- (a) chapter 4 , sections 4 .1.5, 4.2.5, 4.2.6, 4.4.5 and 4.4.6;\n- (b) chapter 6 , section 6 .1;\n- (c) chapter 7 ;\n- (d) attachments 4.1E, 4.2E, 4.2F, 4.3E and 4.3F.\n- (a) chapter 4 , section 4 .1.6;\n- (b) attachment 4.1F.","sortOrder":23},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":24},{"sectionNumber":"sec.34","sectionType":"section","heading":"Unallocated water held as general reserve, strategic reserve and strategic water infrastructure reserve","content":"### sec.34 Unallocated water held as general reserve, strategic reserve and strategic water infrastructure reserve\n\nUnallocated water in the plan area is held as a general reserve, a strategic reserve or a strategic water infrastructure reserve.","sortOrder":25},{"sectionNumber":"sec.35","sectionType":"section","heading":"Purpose for which unallocated water may be granted","content":"### sec.35 Purpose for which unallocated water may be granted\n\nUnallocated water in the plan area may only be granted for the following purposes—\nfor unallocated water held as a general reserve—any purpose;\nfor unallocated water held as a strategic reserve—a State purpose or an Indigenous purpose;\nfor unallocated water held as a strategic water infrastructure reserve—for water infrastructure mentioned in section 36 (3) .\n- (a) for unallocated water held as a general reserve—any purpose;\n- (b) for unallocated water held as a strategic reserve—a State purpose or an Indigenous purpose;\n- (c) for unallocated water held as a strategic water infrastructure reserve—for water infrastructure mentioned in section 36 (3) .","sortOrder":26},{"sectionNumber":"sec.36","sectionType":"section","heading":"Reserve volumes","content":"### sec.36 Reserve volumes\n\nThe total of the nominal entitlements for all water licences to take unallocated water from the general reserve is the following—\nfor water licences to take unallocated water from subcatchment area E—1,000ML;\nfor water licences to take unallocated water from subcatchment area F—1,000ML.\nThe total of the nominal entitlements for all water licences to take unallocated water from the strategic reserve in the plan area is the following—\nfor all water licences to take unallocated water for a State purpose from the strategic reserve in the plan area—1,000ML;\nfor all water licences to take unallocated water for an Indigenous purpose from the strategic reserve in the plan area—1,000ML.\nThe total of the nominal volumes for all supplemented water allocations to take unallocated water from the strategic water infrastructure reserve is the following—\nfor water infrastructure on Barambah Creek within the boundaries of the Barker Barambah Water Supply Scheme—up to 4,250ML;\nfor water infrastructure on the Burnett River within the boundaries of the Bundaberg Water Supply Scheme—up to 15,295ML;\nfor water infrastructure on the Burnett River within the boundaries of the Upper Burnett Water Supply Scheme—up to 6,300ML.\n(sec.36-ssec.1) The total of the nominal entitlements for all water licences to take unallocated water from the general reserve is the following— for water licences to take unallocated water from subcatchment area E—1,000ML; for water licences to take unallocated water from subcatchment area F—1,000ML.\n(sec.36-ssec.2) The total of the nominal entitlements for all water licences to take unallocated water from the strategic reserve in the plan area is the following— for all water licences to take unallocated water for a State purpose from the strategic reserve in the plan area—1,000ML; for all water licences to take unallocated water for an Indigenous purpose from the strategic reserve in the plan area—1,000ML.\n(sec.36-ssec.3) The total of the nominal volumes for all supplemented water allocations to take unallocated water from the strategic water infrastructure reserve is the following— for water infrastructure on Barambah Creek within the boundaries of the Barker Barambah Water Supply Scheme—up to 4,250ML; for water infrastructure on the Burnett River within the boundaries of the Bundaberg Water Supply Scheme—up to 15,295ML; for water infrastructure on the Burnett River within the boundaries of the Upper Burnett Water Supply Scheme—up to 6,300ML.\n- (a) for water licences to take unallocated water from subcatchment area E—1,000ML;\n- (b) for water licences to take unallocated water from subcatchment area F—1,000ML.\n- (a) for all water licences to take unallocated water for a State purpose from the strategic reserve in the plan area—1,000ML;\n- (b) for all water licences to take unallocated water for an Indigenous purpose from the strategic reserve in the plan area—1,000ML.\n- (a) for water infrastructure on Barambah Creek within the boundaries of the Barker Barambah Water Supply Scheme—up to 4,250ML;\n- (b) for water infrastructure on the Burnett River within the boundaries of the Bundaberg Water Supply Scheme—up to 15,295ML;\n- (c) for water infrastructure on the Burnett River within the boundaries of the Upper Burnett Water Supply Scheme—up to 6,300ML.","sortOrder":27},{"sectionNumber":"sec.37","sectionType":"section","heading":"Period for which water is granted from strategic reserve for particular State purpose","content":"### sec.37 Period for which water is granted from strategic reserve for particular State purpose\n\nThis section applies to the volume of water granted from the strategic reserve for either of the following State purposes—\na coordinated project;\na project of regional significance.\nThe volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve.\n(sec.37-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.\n(sec.37-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve.\n- (a) a coordinated project;\n- (b) a project of regional significance.","sortOrder":28},{"sectionNumber":"sec.38","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.38 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—\nthe outcomes stated in chapter 3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant consideration.\n- (a) the outcomes stated in chapter 3 ;\n- (b) the economic or social impact the project will have on the region;\n- (c) the public interest and the welfare of people in the region;\n- (d) any other relevant consideration.","sortOrder":29},{"sectionNumber":"sec.39","sectionType":"section","heading":"Period for which water is granted from strategic reserve for particular Indigenous purpose","content":"### sec.39 Period for which water is granted from strategic reserve for particular Indigenous purpose\n\nThis section applies to the volume of water granted from the strategic reserve for a project for an Indigenous purpose.\nThe volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve.\n(sec.39-ssec.1) This section applies to the volume of water granted from the strategic reserve for a project for an Indigenous purpose.\n(sec.39-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve.","sortOrder":30},{"sectionNumber":"sec.40","sectionType":"section","heading":"Statement of process— Regulation , s 18","content":"### sec.40 Statement of process— Regulation , s 18\n\nThe process for granting unallocated water in the plan area is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .\ns 40 amd 2016 SL No. 216 s 146 sch 20","sortOrder":31},{"sectionNumber":"sec.41","sectionType":"section","heading":"Taking water for stock or domestic purposes","content":"### sec.41 Taking water for stock or domestic purposes\n\nFor section 20A (5) of the Act , an owner of land may take water from a watercourse, lake or spring in the plan area—\nif the taking is from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes—only by using existing stock or domestic works; or\nif paragraph (a) does not apply—in any way.\nIn subsection (1) —\nexisting stock or domestic works , in relation to an owner of land, means works that are in place at the commencement of this section and had been used by the owner, before the commencement, to take water from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes for stock or domestic purposes on the owner’s land.\ns 41 sub 2014 Act No. 64 s 255 sch 2\n(sec.41-ssec.1) For section 20A (5) of the Act , an owner of land may take water from a watercourse, lake or spring in the plan area— if the taking is from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes—only by using existing stock or domestic works; or if paragraph (a) does not apply—in any way.\n(sec.41-ssec.2) In subsection (1) — existing stock or domestic works , in relation to an owner of land, means works that are in place at the commencement of this section and had been used by the owner, before the commencement, to take water from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes for stock or domestic purposes on the owner’s land.\n- (a) if the taking is from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes—only by using existing stock or domestic works; or\n- (b) if paragraph (a) does not apply—in any way.","sortOrder":32},{"sectionNumber":"ch.5-pt.1-div.4","sectionType":"division","heading":"Three Moon Creek Water Supply Scheme","content":"## Three Moon Creek Water Supply Scheme","sortOrder":33},{"sectionNumber":"sec.42","sectionType":"section","heading":"Management of water allocations","content":"### sec.42 Management of water allocations\n\nWater allocations converted from interim water allocations to take supplemented water from the Three Moon Creek Water Supply Scheme are to be managed under a resource operations licence.","sortOrder":34},{"sectionNumber":"sec.43","sectionType":"section","heading":"Purpose of sdiv 2","content":"### sec.43 Purpose of sdiv 2\n\nThis subdivision states strategies for interim water allocations for the Three Moon Creek Water Supply Scheme to be converted, under section 121 of the Act , to water allocations to take supplemented water under the resource operations plan.","sortOrder":35},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.44 Application of sdiv 2\n\nThis subdivision applies to interim water allocations that are to be converted to water allocations as mentioned in section 45 .","sortOrder":36},{"sectionNumber":"sec.45","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.45 Authorisations to be converted to water allocations\n\nAn interim water allocation to take water from the Three Moon Creek Water Supply Scheme is to be converted to a water allocation to take supplemented water from that scheme.","sortOrder":37},{"sectionNumber":"sec.46","sectionType":"section","heading":"Location for taking water under water allocation","content":"### sec.46 Location for taking water under water allocation\n\nThe location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the authorisation from which the water allocation is being converted.","sortOrder":38},{"sectionNumber":"sec.47","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.47 Purpose to be stated on water allocation\n\nThe purpose to be stated on the water allocation must be ‘any’.","sortOrder":39},{"sectionNumber":"sec.48","sectionType":"section","heading":"Nominal volume for water allocation","content":"### sec.48 Nominal volume for water allocation\n\nThe nominal volume for the water allocation is the volume stated on the authorisation from which the water allocation is being converted.","sortOrder":40},{"sectionNumber":"sec.49","sectionType":"section","heading":"Priority group for water allocation","content":"### sec.49 Priority group for water allocation\n\nThe water allocation belongs to the following priority group—\nif the authorisation from which the water allocation is being converted states a nominal entitlement of high priority—the high priority group;\nif the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking water from Three Moon Creek—the surface water medium priority group;\nif the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking groundwater from Three Moon Creek alluvium—the groundwater medium priority group.\nHowever—\nif the water allocation is converted from interim water allocation 21499M or 68268M, the water allocation belongs to the surface water medium priority group; or\nif the water allocation is converted from interim water allocation 178404, 603188, 21357M, 21527M, 21534M, 35711M, 45220M, 47671M, 62962M, 67272M, 68069M, 74219M or 74177M, the water allocation belongs to the groundwater medium priority group.\ns 49 amd 2016 SL No. 216 s 146 sch 20\n(sec.49-ssec.1) The water allocation belongs to the following priority group— if the authorisation from which the water allocation is being converted states a nominal entitlement of high priority—the high priority group; if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking water from Three Moon Creek—the surface water medium priority group; if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking groundwater from Three Moon Creek alluvium—the groundwater medium priority group.\n(sec.49-ssec.2) However— if the water allocation is converted from interim water allocation 21499M or 68268M, the water allocation belongs to the surface water medium priority group; or if the water allocation is converted from interim water allocation 178404, 603188, 21357M, 21527M, 21534M, 35711M, 45220M, 47671M, 62962M, 67272M, 68069M, 74219M or 74177M, the water allocation belongs to the groundwater medium priority group. s 49 amd 2016 SL No. 216 s 146 sch 20\n- (a) if the authorisation from which the water allocation is being converted states a nominal entitlement of high priority—the high priority group;\n- (b) if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking water from Three Moon Creek—the surface water medium priority group;\n- (c) if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking groundwater from Three Moon Creek alluvium—the groundwater medium priority group.\n- (a) if the water allocation is converted from interim water allocation 21499M or 68268M, the water allocation belongs to the surface water medium priority group; or\n- (b) if the water allocation is converted from interim water allocation 178404, 603188, 21357M, 21527M, 21534M, 35711M, 45220M, 47671M, 62962M, 67272M, 68069M, 74219M or 74177M, the water allocation belongs to the groundwater medium priority group.","sortOrder":41},{"sectionNumber":"sec.50","sectionType":"section","heading":"Conditions for water allocation","content":"### sec.50 Conditions for water allocation\n\nIn deciding the conditions under which water may be taken under the water allocation, the chief executive must consider the contents and conditions of the authorisation from which the water allocation is being converted.","sortOrder":42},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Additional strategies for surface water","content":"# Additional strategies for surface water","sortOrder":43},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":44},{"sectionNumber":"sec.51","sectionType":"section","heading":"Application of pt 2","content":"### sec.51 Application of pt 2\n\nThe strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .","sortOrder":45},{"sectionNumber":"sec.52","sectionType":"section","heading":"Restrictions on taking water from waterholes or lakes","content":"### sec.52 Restrictions on taking water from waterholes or lakes\n\nThis section applies to the chief executive in making a decision about—\na water licence, other than a decision about the following—\namalgamating, under section 224 of the Act , 2 or more water licences;\nsubdividing, under section 225 of the Act , a water licence;\nreplacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or\nconverting an authorisation to take unsupplemented water into a water allocation; or\nthe management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.\nIf the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows for 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, water allocation, resource operations licence, distribution operations licence or interim resource operations licence 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 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—\nthe authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and\nthe holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.\n(sec.52-ssec.1) This section applies to the chief executive in making a decision about— a water licence, other than a decision about the following— amalgamating, under section 224 of the Act , 2 or more water licences; subdividing, under section 225 of the Act , a water licence; replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.\n(sec.52-ssec.2) If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows for 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, water allocation, resource operations licence, distribution operations licence or interim resource operations licence 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.52-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if 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— the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.\n- (a) a water licence, other than a decision about the following— (i) amalgamating, under section 224 of the Act , 2 or more water licences; (ii) subdividing, under section 225 of the Act , a water licence; (iii) replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or\n- (i) amalgamating, under section 224 of the Act , 2 or more water licences;\n- (ii) subdividing, under section 225 of the Act , a water licence;\n- (iii) replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or\n- (b) converting an authorisation to take unsupplemented water into a water allocation; or\n- (c) the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.\n- (i) amalgamating, under section 224 of the Act , 2 or more water licences;\n- (ii) subdividing, under section 225 of the Act , a water licence;\n- (iii) replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or\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, water allocation, resource operations licence, distribution operations licence or interim resource operations licence 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— (i) the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and (ii) the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.\n- (i) the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and\n- (ii) the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.\n- (i) the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and\n- (ii) the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.","sortOrder":46},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Bundaberg Water Supply Scheme","content":"## Bundaberg Water Supply Scheme","sortOrder":47},{"sectionNumber":"sec.53","sectionType":"section","heading":"Application of div 2","content":"### sec.53 Application of div 2\n\nThis division applies to the water allocations that are converted from the Avondale authorisations, as mentioned in section 57 .","sortOrder":48},{"sectionNumber":"sec.54","sectionType":"section","heading":"Definition for div 2","content":"### sec.54 Definition for div 2\n\nIn this division—\nAvondale authorisations means the interim water allocations under section 1089A (2) of the Act that relate to the Avondale Water Supply Board.","sortOrder":49},{"sectionNumber":"sec.55","sectionType":"section","heading":"Management of water allocations","content":"### sec.55 Management of water allocations\n\nWater allocations converted from the Avondale authorisations are to be managed under a resource operations licence for the Bundaberg Water Supply Scheme.","sortOrder":50},{"sectionNumber":"sec.56","sectionType":"section","heading":"Purpose of sdiv 3","content":"### sec.56 Purpose of sdiv 3\n\nThis subdivision states strategies for the Avondale authorisations to be converted, under section 121 of the Act , to water allocations to take supplemented water under the resource operations plan.","sortOrder":51},{"sectionNumber":"sec.57","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.57 Authorisations to be converted to water allocations\n\nAn Avondale authorisation is to be converted to a water allocation to take supplemented water from the Bundaberg Water Supply Scheme.","sortOrder":52},{"sectionNumber":"sec.58","sectionType":"section","heading":"Water to be distributed under distribution operations licence","content":"### sec.58 Water to be distributed under distribution operations licence\n\nWater is to be distributed under a distribution operations licence to the holder of the water allocation.","sortOrder":53},{"sectionNumber":"sec.59","sectionType":"section","heading":"Location for taking water under water allocation","content":"### sec.59 Location for taking water under water allocation\n\nThe location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the Avondale authorisation from which the water allocation is being converted.","sortOrder":54},{"sectionNumber":"sec.60","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.60 Purpose to be stated on water allocation\n\nThe purpose to be stated on the water allocation must be ‘any’.","sortOrder":55},{"sectionNumber":"sec.61","sectionType":"section","heading":"Nominal volume for water allocation","content":"### sec.61 Nominal volume for water allocation\n\nThe nominal volume for the water allocation is the volume for the Avondale authorisation from which the water allocation is being converted.","sortOrder":56},{"sectionNumber":"sec.62","sectionType":"section","heading":"Priority group for water allocation","content":"### sec.62 Priority group for water allocation\n\nThe water allocation belongs to the medium priority group.","sortOrder":57},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Upper Burnett Water Supply Scheme","content":"## Upper Burnett Water Supply Scheme","sortOrder":58},{"sectionNumber":"sec.63","sectionType":"section","heading":"Amending Burnett Water allocations in resource operations plan","content":"### sec.63 Amending Burnett Water allocations in resource operations plan\n\nThis section applies if the elevation of Claude Wharton Weir is less than 94.4m AHD at the time the resource operations plan is first amended, after the commencement, to state water sharing rules for the Upper Burnett Water Supply Scheme.\nBurnett Water allocations in the medium priority group under which water in zone NA, NB, GB or GY described in the resource operations plan may be taken must be amended to belong to the low priority group.\nBurnett Water allocations in the medium priority group under which water in zone SA, SB, OC, OD, OB, NC, OA or MA described in the resource operations plan may be taken (the original water allocations ) must be subdivided and amended, proportionally across the zones, so that 5,000ML of the total of the nominal volumes for the original water allocations is changed to water allocations in the low priority group.\nIn this section—\nBurnett Water allocations means water allocations held by Burnett Water Pty Ltd ACN 097 206 614 in the Upper Burnett Water Supply Scheme.\n(sec.63-ssec.1) This section applies if the elevation of Claude Wharton Weir is less than 94.4m AHD at the time the resource operations plan is first amended, after the commencement, to state water sharing rules for the Upper Burnett Water Supply Scheme.\n(sec.63-ssec.2) Burnett Water allocations in the medium priority group under which water in zone NA, NB, GB or GY described in the resource operations plan may be taken must be amended to belong to the low priority group.\n(sec.63-ssec.3) Burnett Water allocations in the medium priority group under which water in zone SA, SB, OC, OD, OB, NC, OA or MA described in the resource operations plan may be taken (the original water allocations ) must be subdivided and amended, proportionally across the zones, so that 5,000ML of the total of the nominal volumes for the original water allocations is changed to water allocations in the low priority group.\n(sec.63-ssec.4) In this section— Burnett Water allocations means water allocations held by Burnett Water Pty Ltd ACN 097 206 614 in the Upper Burnett Water Supply Scheme.","sortOrder":59},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Interference with water in a watercourse, lake or spring","content":"## Interference with water in a watercourse, lake or spring","sortOrder":60},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of div 4","content":"### sec.64 Application of div 4\n\nThis division applies to an application, made under section 206 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.","sortOrder":61},{"sectionNumber":"sec.65","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.65 Limitations on interference with water\n\nThe chief executive may grant the application only if—\nthe purpose of the proposed interference is a purpose provided for in this division; or\nthe proposed interference is related to a proposed water licence to take water that is allocated under the resource operations plan; or\nthe interference was in existence immediately before 20 September 2000.\n- (a) the purpose of the proposed interference is a purpose provided for in this division; or\n- (b) the proposed interference is related to a proposed water licence to take water that is allocated under the resource operations plan; or\n- (c) the interference was in existence immediately before 20 September 2000.","sortOrder":62},{"sectionNumber":"sec.66","sectionType":"section","heading":"Interference with water to enable taking of water for stock or domestic purposes","content":"### sec.66 Interference with water to enable taking of water for stock or domestic purposes\n\nThis section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.\nIn deciding the application, the chief executive must consider existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water, and the availability of water at the proposed site.\nThe storage capacity for water to be taken under subsection (1) must not be greater than is necessary for the storage of water to be taken.\n(sec.66-ssec.1) This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.\n(sec.66-ssec.2) In deciding the application, the chief executive must consider existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water, and the availability of water at the proposed site.\n(sec.66-ssec.3) The storage capacity for water to be taken under subsection (1) must not be greater than is necessary for the storage of water to be taken.","sortOrder":63},{"sectionNumber":"sec.67","sectionType":"section","heading":"Interference with water for provision of pumping pool","content":"### sec.67 Interference with water for provision of pumping pool\n\nThis section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\nThe storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly.\nIn this section—\npumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n(sec.67-ssec.1) This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\n(sec.67-ssec.2) The storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly.\n(sec.67-ssec.3) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.","sortOrder":64},{"sectionNumber":"sec.68","sectionType":"section","heading":"Interference with water to improve security for town water supply","content":"### sec.68 Interference with water to improve security for town water supply\n\nThis section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\nThe chief executive may grant the application if satisfied there is a need for an increased reliability of the water supply.\n(sec.68-ssec.1) This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\n(sec.68-ssec.2) The chief executive may grant the application if satisfied there is a need for an increased reliability of the water supply.","sortOrder":65},{"sectionNumber":"sec.69","sectionType":"section","heading":"Interference with water related to the granting of unallocated water","content":"### sec.69 Interference with water related to the granting of unallocated water\n\nThis section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 40 .\nThe interference must not be greater than is necessary for the purpose of taking the unallocated water.\nA water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, must include flow conditions.\n(sec.69-ssec.1) This section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 40 .\n(sec.69-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water.\n(sec.69-ssec.3) A water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, must include flow conditions.","sortOrder":66},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":"Existing water allocations to take supplemented and unsupplemented water","content":"## Existing water allocations to take supplemented and unsupplemented water","sortOrder":67},{"sectionNumber":"sec.70","sectionType":"section","heading":"Purpose of div 5","content":"### sec.70 Purpose of div 5\n\nThis division states strategies for water allocations established under the repealed Water Resource (Burnett Basin) Plan 2000 to take water.","sortOrder":68},{"sectionNumber":"sec.71","sectionType":"section","heading":"Existing water allocations to take supplemented water","content":"### sec.71 Existing water allocations to take supplemented water\n\nA water allocation established under the repealed Water Resource (Burnett Basin) Plan 2000 to take supplemented water—\nis taken to be, without amendment, a water allocation under this plan; and\ncontinues to be managed under the allocation’s resource operations licence.\nThe water allocation—\nis subject to the relevant water sharing rules; and\ncontinues to be subject to the water allocation change rules and seasonal water assignment rules in the resource operations plan.\nThis section is subject to sections 32 (2) (b) and (3) and 73 .\nIn this section—\nrelevant water sharing rules means—\nfor a water allocation in the Barker Barambah Water Supply Scheme—the water sharing rules stated in schedule 9 , part 2 , division 3 ; or\nfor a water allocation in the Upper Burnett Water Supply Scheme—the water sharing rules stated in schedule 9 , part 4 , division 3 ; or\nif paragraph (a) or (b) does not apply to the water allocation—the water sharing rules stated in the resource operations plan.\nSection 32 (2) (b) states the water sharing rules for the Bundaberg Water Supply Scheme that will apply from 1 July 2015.\nSection 32 (3) states the period for which the water sharing rules stated in schedule 9 for the Barker Barambah Water Supply Scheme, the Bundaberg Water Supply Scheme and the Upper Burnett Water Supply Scheme apply.\n(sec.71-ssec.1) A water allocation established under the repealed Water Resource (Burnett Basin) Plan 2000 to take supplemented water— is taken to be, without amendment, a water allocation under this plan; and continues to be managed under the allocation’s resource operations licence.\n(sec.71-ssec.2) The water allocation— is subject to the relevant water sharing rules; and continues to be subject to the water allocation change rules and seasonal water assignment rules in the resource operations plan.\n(sec.71-ssec.3) This section is subject to sections 32 (2) (b) and (3) and 73 .\n(sec.71-ssec.4) In this section— relevant water sharing rules means— for a water allocation in the Barker Barambah Water Supply Scheme—the water sharing rules stated in schedule 9 , part 2 , division 3 ; or for a water allocation in the Upper Burnett Water Supply Scheme—the water sharing rules stated in schedule 9 , part 4 , division 3 ; or if paragraph (a) or (b) does not apply to the water allocation—the water sharing rules stated in the resource operations plan. Section 32 (2) (b) states the water sharing rules for the Bundaberg Water Supply Scheme that will apply from 1 July 2015. Section 32 (3) states the period for which the water sharing rules stated in schedule 9 for the Barker Barambah Water Supply Scheme, the Bundaberg Water Supply Scheme and the Upper Burnett Water Supply Scheme apply.\n- (a) is taken to be, without amendment, a water allocation under this plan; and\n- (b) continues to be managed under the allocation’s resource operations licence.\n- (a) is subject to the relevant water sharing rules; and\n- (b) continues to be subject to the water allocation change rules and seasonal water assignment rules in the resource operations plan.\n- (a) for a water allocation in the Barker Barambah Water Supply Scheme—the water sharing rules stated in schedule 9 , part 2 , division 3 ; or\n- (b) for a water allocation in the Upper Burnett Water Supply Scheme—the water sharing rules stated in schedule 9 , part 4 , division 3 ; or\n- (c) if paragraph (a) or (b) does not apply to the water allocation—the water sharing rules stated in the resource operations plan.\n- 1 Section 32 (2) (b) states the water sharing rules for the Bundaberg Water Supply Scheme that will apply from 1 July 2015.\n- 2 Section 32 (3) states the period for which the water sharing rules stated in schedule 9 for the Barker Barambah Water Supply Scheme, the Bundaberg Water Supply Scheme and the Upper Burnett Water Supply Scheme apply.","sortOrder":69},{"sectionNumber":"sec.72","sectionType":"section","heading":"Existing water allocations to take unsupplemented water","content":"### sec.72 Existing water allocations to take unsupplemented water\n\nA water allocation established under the repealed Water Resource (Burnett Basin) Plan 2000 to take unsupplemented water—\nis taken to be, without amendment, a water allocation under this plan; and\ncontinues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment rules in the resource operations plan.\n- (a) is taken to be, without amendment, a water allocation under this plan; and\n- (b) continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment rules in the resource operations plan.","sortOrder":70},{"sectionNumber":"sec.73","sectionType":"section","heading":"Amendment of particular water allocations","content":"### sec.73 Amendment of particular water allocations\n\nThis section applies to the following water allocations established under the repealed Water Resource (Burnett Basin) Plan 2000 —\nwater allocation 1504 on administrative plan AP6975;\nwater allocation 1540 on administrative plan AP6975;\nwater allocation 2909 on administrative plan AP6975.\nThe water allocations are to be amended under the resource operations plan to state the following location—\nfor water allocation 1504 on administrative plan AP6975—zone AD described in the resource operations plan;\nfor water allocation 1540 on administrative plan AP6975—zone AA described in the resource operations plan;\nfor water allocation 2909 on administrative plan AP6975—zone AD described in the resource operations plan.\n(sec.73-ssec.1) This section applies to the following water allocations established under the repealed Water Resource (Burnett Basin) Plan 2000 — water allocation 1504 on administrative plan AP6975; water allocation 1540 on administrative plan AP6975; water allocation 2909 on administrative plan AP6975.\n(sec.73-ssec.2) The water allocations are to be amended under the resource operations plan to state the following location— for water allocation 1504 on administrative plan AP6975—zone AD described in the resource operations plan; for water allocation 1540 on administrative plan AP6975—zone AA described in the resource operations plan; for water allocation 2909 on administrative plan AP6975—zone AD described in the resource operations plan.\n- (a) water allocation 1504 on administrative plan AP6975;\n- (b) water allocation 1540 on administrative plan AP6975;\n- (c) water allocation 2909 on administrative plan AP6975.\n- (a) for water allocation 1504 on administrative plan AP6975—zone AD described in the resource operations plan;\n- (b) for water allocation 1540 on administrative plan AP6975—zone AA described in the resource operations plan;\n- (c) for water allocation 2909 on administrative plan AP6975—zone AD described in the resource operations plan.","sortOrder":71},{"sectionNumber":"ch.5-pt.2-div.6","sectionType":"division","heading":"Converting authorisations to water allocations to take unsupplemented water","content":"## Converting authorisations to water allocations to take unsupplemented water","sortOrder":72},{"sectionNumber":"sec.74","sectionType":"section","heading":"Purpose of div 6","content":"### sec.74 Purpose of div 6\n\nThis division states strategies for particular authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.","sortOrder":73},{"sectionNumber":"sec.75","sectionType":"section","heading":"Application of div 6","content":"### sec.75 Application of div 6\n\nThis division applies to the water allocations that are converted from the authorisations mentioned in section 76 .","sortOrder":74},{"sectionNumber":"sec.76","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.76 Authorisations to be converted to water allocations\n\nA water licence for taking unsupplemented water from any of the following places is to be converted to a water allocation to take unsupplemented water—\nThree Moon Creek from Abercorn gauging station at AMTD 13.2km to Monto Weir at AMTD 64.8km;\nElliott River from AMTD 9.9km to AMTD 21.3km;\nMahogany Creek from its confluence with the Elliott River to AMTD 6.5km;\nGillens Creek from its confluence with the Elliott River to AMTD 5.0km;\nGregory River from Gregory River Weir at AMTD 13.9km to Isis Highway gauging station at AMTD 47.9km;\nIsis River from Isis Junction Weir at AMTD 11.8km to AMTD 23.8km.\n- (a) Three Moon Creek from Abercorn gauging station at AMTD 13.2km to Monto Weir at AMTD 64.8km;\n- (b) Elliott River from AMTD 9.9km to AMTD 21.3km;\n- (c) Mahogany Creek from its confluence with the Elliott River to AMTD 6.5km;\n- (d) Gillens Creek from its confluence with the Elliott River to AMTD 5.0km;\n- (e) Gregory River from Gregory River Weir at AMTD 13.9km to Isis Highway gauging station at AMTD 47.9km;\n- (f) Isis River from Isis Junction Weir at AMTD 11.8km to AMTD 23.8km.","sortOrder":75},{"sectionNumber":"sec.77","sectionType":"section","heading":"Location for taking water under water allocation","content":"### sec.77 Location for taking water under water allocation\n\nThe location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the water licence from which the water allocation is being converted.","sortOrder":76},{"sectionNumber":"sec.78","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.78 Purpose to be stated on water allocation\n\nThe purpose to be stated on the water allocation must be ‘any’.","sortOrder":77},{"sectionNumber":"sec.79","sectionType":"section","heading":"Nominal volume for water allocation","content":"### sec.79 Nominal volume for water allocation\n\nIn deciding the nominal volume for the 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 from which the allocation is being converted;\nfor a water licence that states a volumetric limit—the stated volumetric limit;\nthe simulated mean annual diversion for the proposed water allocation.\nIn this section—\nsimulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the IQQM simulation period, divided by the number of years in the IQQM simulation period.\n(sec.79-ssec.1) In deciding the nominal volume for the water allocation, the chief executive must have regard to the following— the local availability of water; the conditions under which water may be taken under the water licence from which the allocation is being converted; for a water licence that states a volumetric limit—the stated volumetric limit; the simulated mean annual diversion for the proposed water allocation.\n(sec.79-ssec.2) In this section— simulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the IQQM simulation period, divided by the number of years in the IQQM simulation period.\n- (a) the local availability of water;\n- (b) the conditions under which water may be taken under the water licence from which the allocation is being converted;\n- (c) for a water licence that states a volumetric limit—the stated volumetric limit;\n- (d) the simulated mean annual diversion for the proposed water allocation.","sortOrder":78},{"sectionNumber":"sec.80","sectionType":"section","heading":"Maximum rate for taking water","content":"### sec.80 Maximum rate for taking water\n\nThe maximum rate at which water may be taken under the water allocation is to be—\nif the water licence from which the allocation is being converted states a maximum rate—the stated rate; or\nif the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or\nif the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or\nif paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to—\nthe type of water licence being converted; and\nan estimate or measurement of the rate at which water can be taken under the water licence before the conversion.\nHowever, for subsection (1) (b) or (c) , if the water licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump to which the development permit relates (the existing pump );\nthe irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement;\nthe efficiency of the water use associated with the existing pump and the related system.\n(sec.80-ssec.1) The maximum rate at which water may be taken under the water allocation is to be— if the water licence from which the allocation is being converted states a maximum rate—the stated rate; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or if paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being converted; and an estimate or measurement of the rate at which water can be taken under the water licence before the conversion.\n(sec.80-ssec.2) However, for subsection (1) (b) or (c) , if the water licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system.\n- (a) if the water licence from which the allocation is being converted states a maximum rate—the stated rate; or\n- (b) if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or\n- (c) if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or\n- (d) if paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— (i) the type of water licence being converted; and (ii) an estimate or measurement of the rate at which water can be taken under the water licence before the conversion.\n- (i) the type of water licence being converted; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the water licence before the conversion.\n- (i) the type of water licence being converted; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the water licence before the conversion.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump to which the development permit relates (the existing pump );\n- (c) the irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement;\n- (d) the efficiency of the water use associated with the existing pump and the related system.","sortOrder":79},{"sectionNumber":"sec.81","sectionType":"section","heading":"Annual volumetric limit for water allocation","content":"### sec.81 Annual volumetric limit for water allocation\n\nThe annual volumetric limit for the water allocation is—\nif the water licence from which the water allocation is being converted states the volume of water, or an equivalent volume of water, that may be taken in a period of 12 months—the stated volume; or\nif the water licence from which the water allocation is being converted states the area that may be irrigated and does not state an equivalent volume of water that may be taken—\nthe volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\nif the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the allocation’s intended purpose—the volume decided by the chief executive having regard to the following—\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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\nthe efficiency of the use of the water mentioned in sub-subparagraph (B); or\nif paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following—\nthe condition under which water may be taken under the water licence from which the water allocation is being converted;\nthe water-taking capacity of any works for taking water under the water licence from which the water allocation is being converted;\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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\n- (a) if the water licence from which the water allocation is being converted states the volume of water, or an equivalent volume of water, that may be taken in a period of 12 months—the stated volume; or\n- (b) if the water licence from which the water allocation is being converted states the area that may be irrigated and does not state an equivalent volume of water that may be taken— (i) the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the allocation’s intended purpose—the volume decided by the chief executive having regard to the following— (A) the volume required for the allocation’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the water licence from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (i) the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\n- (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the allocation’s intended purpose—the volume decided by the chief executive having regard to the following— (A) the volume required for the allocation’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the water licence from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the allocation’s intended purpose;\n- (B) the annual volumes of water estimated by the chief executive to have been taken under the water licence from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (c) if paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following— (i) the condition under which water may be taken under the water licence from which the water allocation is being converted; (ii) the water-taking capacity of any works for taking water under the water licence from which the water allocation is being converted; (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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the condition under which water may be taken under the water licence from which the water allocation is being converted;\n- (ii) the water-taking capacity of any works for taking water under the water licence from which the water allocation is being converted;\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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\n- (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the allocation’s intended purpose—the volume decided by the chief executive having regard to the following— (A) the volume required for the allocation’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the water licence from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the allocation’s intended purpose;\n- (B) the annual volumes of water estimated by the chief executive to have been taken under the water licence from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the allocation’s intended purpose;\n- (B) the annual volumes of water estimated by the chief executive to have been taken under the water licence from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (i) the condition under which water may be taken under the water licence from which the water allocation is being converted;\n- (ii) the water-taking capacity of any works for taking water under the water licence from which the water allocation is being converted;\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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":80},{"sectionNumber":"sec.82","sectionType":"section","heading":"Conditions for water allocation","content":"### sec.82 Conditions for water allocation\n\nThe chief executive may impose on the water allocation any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved.\nIn deciding the requirements for the flow conditions under which water may be taken under the water allocation, the chief executive must have regard to the conditions and requirements stated on the water licence from which the allocation is being converted.\nHowever, if the water allocation is being converted from a water licence for taking unsupplemented water from a location mentioned in schedule 10 , column 1 for which 1 or more flow conditions are stated in schedule 10 , column 2, the water allocation must be subject to—\nif only 1 flow condition is stated in schedule 10 , column 2 for the location—the flow condition stated in schedule 10 , column 2 for the location; or\nif more than 1 flow condition is stated in schedule 10 , column 2 for the location—1 of the flow conditions stated in schedule 10 , column 2 for the location, as decided by the chief executive.\n(sec.82-ssec.1) The chief executive may impose on the water allocation any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved.\n(sec.82-ssec.2) In deciding the requirements for the flow conditions under which water may be taken under the water allocation, the chief executive must have regard to the conditions and requirements stated on the water licence from which the allocation is being converted.\n(sec.82-ssec.3) However, if the water allocation is being converted from a water licence for taking unsupplemented water from a location mentioned in schedule 10 , column 1 for which 1 or more flow conditions are stated in schedule 10 , column 2, the water allocation must be subject to— if only 1 flow condition is stated in schedule 10 , column 2 for the location—the flow condition stated in schedule 10 , column 2 for the location; or if more than 1 flow condition is stated in schedule 10 , column 2 for the location—1 of the flow conditions stated in schedule 10 , column 2 for the location, as decided by the chief executive.\n- (a) if only 1 flow condition is stated in schedule 10 , column 2 for the location—the flow condition stated in schedule 10 , column 2 for the location; or\n- (b) if more than 1 flow condition is stated in schedule 10 , column 2 for the location—1 of the flow conditions stated in schedule 10 , column 2 for the location, as decided by the chief executive.","sortOrder":81},{"sectionNumber":"sec.83","sectionType":"section","heading":"Water allocation group","content":"### sec.83 Water allocation group\n\nThe water allocation belongs to—\nfor a water allocation that is subject to a flow condition stated in schedule 10 , column 2—the water allocation group stated in schedule 10 , column 3 opposite the flow condition stated in schedule 10 , column 2 under which water may be taken under the water allocation; or\notherwise—the water allocation group stated in schedule 10 , column 3 opposite the location used for taking water under the water allocation that is mentioned in schedule 10 , column 1.\n- (a) for a water allocation that is subject to a flow condition stated in schedule 10 , column 2—the water allocation group stated in schedule 10 , column 3 opposite the flow condition stated in schedule 10 , column 2 under which water may be taken under the water allocation; or\n- (b) otherwise—the water allocation group stated in schedule 10 , column 3 opposite the location used for taking water under the water allocation that is mentioned in schedule 10 , column 1.","sortOrder":82},{"sectionNumber":"ch.5-pt.2-div.7","sectionType":"division","heading":"Water licences to take water from watercourse, lake or spring","content":"## Water licences to take water from watercourse, lake or spring","sortOrder":83},{"sectionNumber":"sec.84","sectionType":"section","heading":"Elements of water licence to take water from watercourse, lake or spring","content":"### sec.84 Elements of water licence to take water from watercourse, lake or spring\n\nA water licence to take water from a watercourse, lake or spring in the plan area must state—\nthe purpose for which water may be taken under the licence as ‘any’; and\nthe maximum rate at which water may be taken under the licence; and\nthe licence’s nominal entitlement; and\nthe conditions, if any, to which the licence is subject, including requirements for flow conditions and conditions for storing water taken under the licence.\n- (a) the purpose for which water may be taken under the licence as ‘any’; and\n- (b) the maximum rate at which water may be taken under the licence; and\n- (c) the licence’s nominal entitlement; and\n- (d) the conditions, if any, to which the licence is subject, including requirements for flow conditions and conditions for storing water taken under the licence.","sortOrder":84},{"sectionNumber":"sec.85","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.85 Definition for sdiv 2\n\nIn this subdivision—\namended water licence means a water licence to take unsupplemented water from a watercourse, lake or spring that is amended under section 217 of the Act .","sortOrder":85},{"sectionNumber":"sec.86","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.86 Purpose to be stated on water licence\n\nThe purpose to be stated on an amended water licence must be ‘any’.","sortOrder":86},{"sectionNumber":"sec.87","sectionType":"section","heading":"Maximum rates for water licence","content":"### sec.87 Maximum rates for water licence\n\nThe maximum rate at which unsupplemented water may be taken under an amended water licence must be—\nfor an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or\nfor an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or\nfor an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or\nfor an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to—\nthe type of water licence being amended; and\nan estimate or measurement of the rate at which water has been taken under the licence before the amendment.\nHowever, for subsection (1) (b) or (c) , if the licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump to which the development permit relates (the existing pump );\nthe irrigation or water distribution system related to the existing pump (the related system ) during the period of not more than 10 years immediately before the commencement;\nthe efficiency of the water use associated with the existing pump and the related system.\n(sec.87-ssec.1) The maximum rate at which unsupplemented water may be taken under an amended water licence must be— for an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or for an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being amended; and an estimate or measurement of the rate at which water has been taken under the licence before the amendment.\n(sec.87-ssec.2) However, for subsection (1) (b) or (c) , if the licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period of not more than 10 years immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system.\n- (a) for an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or\n- (b) for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or\n- (c) for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or\n- (d) for an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— (i) the type of water licence being amended; and (ii) an estimate or measurement of the rate at which water has been taken under the licence before the amendment.\n- (i) the type of water licence being amended; and\n- (ii) an estimate or measurement of the rate at which water has been taken under the licence before the amendment.\n- (i) the type of water licence being amended; and\n- (ii) an estimate or measurement of the rate at which water has been taken under the licence before the amendment.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump to which the development permit relates (the existing pump );\n- (c) the irrigation or water distribution system related to the existing pump (the related system ) during the period of not more than 10 years immediately before the commencement;\n- (d) the efficiency of the water use associated with the existing pump and the related system.","sortOrder":87},{"sectionNumber":"sec.88","sectionType":"section","heading":"Nominal entitlement for water licence","content":"### sec.88 Nominal entitlement for water licence\n\nThe nominal entitlement for an amended water licence is to be—\nfor an amended water licence that, before the amendment, stated the volume, or an equivalent volume, of water that may be taken in a 12-month period—the stated volume; or\nfor an amended water licence that, before the amendment, stated an area that may be irrigated but did not state an equivalent volume that may be irrigated—\nthe 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, expressed in hectares, by 6; or\nif the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following—\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;\nthe efficiency of the use of the water mentioned in sub-subparagraph (B); or\nfor an amended water licence to which paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence before its amendment under section 217 of the Act ;\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;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\n- (a) for an amended water licence that, before the amendment, stated the volume, or an equivalent volume, of water that may be taken in a 12-month period—the stated volume; or\n- (b) for an amended water licence that, before the amendment, stated an area that may be irrigated but did not state an equivalent volume that may be irrigated— (i) 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, expressed in hectares, by 6; or (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) 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; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (i) 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, expressed in hectares, by 6; or\n- (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) 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; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the licence’s intended purpose;\n- (B) 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;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (c) for an amended water licence to which paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence before its amendment under section 217 of the Act ; (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; (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 before its amendment under section 217 of the Act ;\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;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) 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, expressed in hectares, by 6; or\n- (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) 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; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the licence’s intended purpose;\n- (B) 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;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the licence’s intended purpose;\n- (B) 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;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (i) the conditions under which water may be taken under the licence before its amendment under section 217 of the Act ;\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;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":88},{"sectionNumber":"sec.89","sectionType":"section","heading":"Conditions for water licence","content":"### sec.89 Conditions for water licence\n\nIn deciding the conditions and requirements for the flow conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions and requirements stated on the water licence before its amendment under section 217 of the Act .","sortOrder":89},{"sectionNumber":"sec.90","sectionType":"section","heading":"Storing water taken under water licence","content":"### sec.90 Storing water taken under water licence\n\nThe chief executive may impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence.\nIn deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.\n(sec.90-ssec.1) The chief executive may impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence.\n(sec.90-ssec.2) In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.","sortOrder":90},{"sectionNumber":"ch.5-pt.2-div.8","sectionType":"division","heading":"Regulating overland flow water","content":"## Regulating overland flow water","sortOrder":91},{"sectionNumber":"sec.91","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 20","content":"### sec.91 Limitation on taking overland flow water— Act , s 20\n\nThis section limits the overland flow water that may be taken under section 20 (2) (b) of the Act in the Coastal Burnett overland flow area.\nA person may only take overland flow water in the Coastal Burnett overland flow area—\nfor stock or domestic purposes; or\nfor another purpose if the works that allow the taking of overland flow water are not existing overland flow works and have a capacity of not more than 20ML; or\nunder a water licence; or\nsubject to subsection (3) , to satisfy the requirements of the following—\nan environmental authority issued under the Environmental Protection Act 1994 ;\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nthat is contaminated agricultural run-off water; or\nthat is incidental to the operation of a storage facility constructed to store water, other than overland flow water, in a catchment area of not more than 25ha; or\nfor any purpose if the works that allow the taking of overland flow water are existing overland flow works.\nA person who takes overland flow water under subsection (2) (d) may not take more than the volume necessary to satisfy the requirements of the environmental authority or the development permit.\nIn this section—\ncontaminated agricultural run-off water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels that are harmful or potentially harmful to the quality of water in a watercourse.\n(sec.91-ssec.1) This section limits the overland flow water that may be taken under section 20 (2) (b) of the Act in the Coastal Burnett overland flow area.\n(sec.91-ssec.2) A person may only take overland flow water in the Coastal Burnett overland flow area— for stock or domestic purposes; or for another purpose if the works that allow the taking of overland flow water are not existing overland flow works and have a capacity of not more than 20ML; or under a water licence; or subject to subsection (3) , to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural run-off water; or that is incidental to the operation of a storage facility constructed to store water, other than overland flow water, in a catchment area of not more than 25ha; or for any purpose if the works that allow the taking of overland flow water are existing overland flow works.\n(sec.91-ssec.3) A person who takes overland flow water under subsection (2) (d) may not take more than the volume necessary to satisfy the requirements of the environmental authority or the development permit.\n(sec.91-ssec.4) In this section— contaminated agricultural run-off water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels that are harmful or potentially harmful to the quality of water in a watercourse.\n- (a) for stock or domestic purposes; or\n- (b) for another purpose if the works that allow the taking of overland flow water are not existing overland flow works and have a capacity of not more than 20ML; or\n- (c) under a water licence; or\n- (d) subject to subsection (3) , to satisfy the requirements of the following— (i) an environmental authority issued under the Environmental Protection Act 1994 ; (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 ;\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) that is contaminated agricultural run-off water; or\n- (f) that is incidental to the operation of a storage facility constructed to store water, other than overland flow water, in a catchment area of not more than 25ha; or\n- (g) for any purpose if the works that allow the taking of overland flow water are existing overland flow works.\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ;\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":92},{"sectionNumber":"sec.92","sectionType":"section","heading":"Granting water licences for using particular existing overland flow works","content":"### sec.92 Granting water licences for using particular existing overland flow works\n\nThe chief executive may, under section 212 of the Act , grant a water licence to replace an authorisation under section 91 (2) (g) .\nIn deciding the matters mentioned in section 93 (b) to be stated on the licence, the chief executive—\nmust consider—\nthe average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and\nthe annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and\nmay consider the extent to which the works, immediately before the commencement, allowed—\nthe taking of other water under another authorisation; or\nthe storage of other water taken under another authorisation.\n(sec.92-ssec.1) The chief executive may, under section 212 of the Act , grant a water licence to replace an authorisation under section 91 (2) (g) .\n(sec.92-ssec.2) In deciding the matters mentioned in section 93 (b) to be stated on the licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.\n- (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and\n- (b) may consider the extent to which the works, immediately before the commencement, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.","sortOrder":93},{"sectionNumber":"sec.93","sectionType":"section","heading":"Water licence to take overland flow water","content":"### sec.93 Water licence to take overland flow water\n\nA water licence to take overland flow water must state—\nthe purpose for which water may be taken under the licence as ‘any’; and\nat least 1 of the following—\nthe maximum rate at which water may be taken under the licence;\nthe licence’s nominal entitlement;\nthe maximum volume of water that may be stored under the licence; and\nthe conditions, if any, to which the licence is subject.\n- (a) the purpose for which water may be taken under the licence as ‘any’; and\n- (b) at least 1 of the following— (i) the maximum rate at which water may be taken under the licence; (ii) the licence’s nominal entitlement; (iii) the maximum volume of water that may be stored under the licence; and\n- (i) the maximum rate at which water may be taken under the licence;\n- (ii) the licence’s nominal entitlement;\n- (iii) the maximum volume of water that may be stored under the licence; and\n- (c) the conditions, if any, to which the licence is subject.\n- (i) the maximum rate at which water may be taken under the licence;\n- (ii) the licence’s nominal entitlement;\n- (iii) the maximum volume of water that may be stored under the licence; and","sortOrder":94},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2016 SL No. 216 s 146 sch 20","sortOrder":95},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Additional strategies for groundwater","content":"# Additional strategies for groundwater","sortOrder":96},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":97},{"sectionNumber":"sec.95","sectionType":"section","heading":"Purpose of pt 3","content":"### sec.95 Purpose of pt 3\n\nThis part states the strategies for achieving the outcomes mentioned in chapter 3 .","sortOrder":98},{"sectionNumber":"sec.96","sectionType":"section","heading":"Application of pt 3","content":"### sec.96 Application of pt 3\n\nThis part applies only to groundwater in a groundwater management area.","sortOrder":99},{"sectionNumber":"sec.97","sectionType":"section","heading":"Limitation on taking groundwater— Act , s 20","content":"### sec.97 Limitation on taking groundwater— Act , s 20\n\nThis section limits the groundwater that may be taken under section 20 (2) (c) of the Act .\nA person may only take groundwater in a relevant groundwater management area—\nunder a water permit; or\nunder a water licence; or\nunder an interim water allocation; or\nunder a water allocation; or\nunder section 105 ; or\nfor stock or domestic purposes; or\nfor an activity prescribed under a regulation for section 20 (2) (a) of the Act .\nHowever, despite subsection (2) (f) , a person may take groundwater in the Coastal Burnett groundwater management area for stock or domestic purposes only under section 99 or 100 .\nA person may only take groundwater in the Ban Ban Springs groundwater management area or the Barker Creek groundwater management area—\nunder section 105 ; or\nfor stock or domestic purposes; or\nfor an activity prescribed under a regulation for section 20 (2) (a) of the Act .\n(sec.97-ssec.1) This section limits the groundwater that may be taken under section 20 (2) (c) of the Act .\n(sec.97-ssec.2) A person may only take groundwater in a relevant groundwater management area— under a water permit; or under a water licence; or under an interim water allocation; or under a water allocation; or under section 105 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act .\n(sec.97-ssec.3) However, despite subsection (2) (f) , a person may take groundwater in the Coastal Burnett groundwater management area for stock or domestic purposes only under section 99 or 100 .\n(sec.97-ssec.4) A person may only take groundwater in the Ban Ban Springs groundwater management area or the Barker Creek groundwater management area— under section 105 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act .\n- (a) under a water permit; or\n- (b) under a water licence; or\n- (c) under an interim water allocation; or\n- (d) under a water allocation; or\n- (e) under section 105 ; or\n- (f) for stock or domestic purposes; or\n- (g) for an activity prescribed under a regulation for section 20 (2) (a) of the Act .\n- (a) under section 105 ; or\n- (b) for stock or domestic purposes; or\n- (c) for an activity prescribed under a regulation for section 20 (2) (a) of the Act .","sortOrder":100},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2016 SL No. 216 s 146 sch 20","sortOrder":101},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Taking groundwater for stock or domestic purposes in Coastal Burnett groundwater management area","content":"## Taking groundwater for stock or domestic purposes in Coastal Burnett groundwater management area","sortOrder":102},{"sectionNumber":"sec.99","sectionType":"section","heading":"Taking groundwater for stock or domestic purposes using works constructed before 30 November 2007","content":"### sec.99 Taking groundwater for stock or domestic purposes using works constructed before 30 November 2007\n\nAn owner of land in the Coastal Burnett groundwater management area may use existing works for taking groundwater for stock or domestic purposes.\nIn this section—\nexisting works means—\nworks on land in the Coastal Burnett groundwater management area—\nconstructed before 30 November 2007; or\nfor which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or\nworks that, in relation to the works mentioned in paragraph (a) , are a replacement water bore.\nreplacement water bore see the Water Regulation 2016 , schedule 19 .\ns 99 amd 2016 SL No. 216 s 146 sch 20\n(sec.99-ssec.1) An owner of land in the Coastal Burnett groundwater management area may use existing works for taking groundwater for stock or domestic purposes.\n(sec.99-ssec.2) In this section— existing works means— works on land in the Coastal Burnett groundwater management area— constructed before 30 November 2007; or for which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or works that, in relation to the works mentioned in paragraph (a) , are a replacement water bore. replacement water bore see the Water Regulation 2016 , schedule 19 . s 99 amd 2016 SL No. 216 s 146 sch 20\n- (a) works on land in the Coastal Burnett groundwater management area— (i) constructed before 30 November 2007; or (ii) for which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or\n- (i) constructed before 30 November 2007; or\n- (ii) for which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or\n- (b) works that, in relation to the works mentioned in paragraph (a) , are a replacement water bore.\n- (i) constructed before 30 November 2007; or\n- (ii) for which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or","sortOrder":103},{"sectionNumber":"sec.100","sectionType":"section","heading":"Taking groundwater for stock or domestic purposes using works constructed on or after 30 November 2007","content":"### sec.100 Taking groundwater for stock or domestic purposes using works constructed on or after 30 November 2007\n\nThis section applies to an owner of land in the Coastal Burnett groundwater management area if—\nthe owner is not using existing works under section 99 for taking groundwater for stock or domestic purposes; and\nthe land is not in a service area under the Water Supply (Safety and Reliability) Act 2008 for a retail water service.\nThe owner may use works constructed on the land on or after 30 November 2007 for the taking of groundwater for stock or domestic purposes if the works are on a lot that has not been reconfigured after 22 January 2007.\nIn this section—\nreconfigured , for a lot, means—\ncreated by subdividing another lot; or\ndivided into parts by agreement rendering different parts of the lot immediately available for separate disposition or separate occupation, other than by an agreement that is—\na lease for a term, including renewal options, not exceeding 10 years; or\nan agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 .\n(sec.100-ssec.1) This section applies to an owner of land in the Coastal Burnett groundwater management area if— the owner is not using existing works under section 99 for taking groundwater for stock or domestic purposes; and the land is not in a service area under the Water Supply (Safety and Reliability) Act 2008 for a retail water service.\n(sec.100-ssec.2) The owner may use works constructed on the land on or after 30 November 2007 for the taking of groundwater for stock or domestic purposes if the works are on a lot that has not been reconfigured after 22 January 2007.\n(sec.100-ssec.3) In this section— reconfigured , for a lot, means— created by subdividing another lot; or divided into parts by agreement rendering different parts of the lot immediately available for separate disposition or separate occupation, other than by an agreement that is— a lease for a term, including renewal options, not exceeding 10 years; or an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 .\n- (a) the owner is not using existing works under section 99 for taking groundwater for stock or domestic purposes; and\n- (b) the land is not in a service area under the Water Supply (Safety and Reliability) Act 2008 for a retail water service.\n- (a) created by subdividing another lot; or\n- (b) divided into parts by agreement rendering different parts of the lot immediately available for separate disposition or separate occupation, other than by an agreement that is— (i) a lease for a term, including renewal options, not exceeding 10 years; or (ii) an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 .\n- (i) a lease for a term, including renewal options, not exceeding 10 years; or\n- (ii) an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 .\n- (i) a lease for a term, including renewal options, not exceeding 10 years; or\n- (ii) an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 .","sortOrder":104},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Water licences to take groundwater","content":"## Water licences to take groundwater","sortOrder":105},{"sectionNumber":"sec.101","sectionType":"section","heading":"Elements of water licences","content":"### sec.101 Elements of water licences\n\nA water licence to take groundwater must state—\nthe purpose for which the water may be taken under the licence as one of the following—\n‘agricultural dewatering’;\n‘dewatering’;\n‘urban’;\n‘any’; and\nthe licence’s nominal entitlement; and\nthe conditions, if any, to which the licence is subject.\nHowever, subsection (1) (b) does not apply to a licence granted under section 206 of the Act for the purpose of—\nagricultural dewatering; or\ndewatering.\n(sec.101-ssec.1) A water licence to take groundwater must state— the purpose for which the water may be taken under the licence as one of the following— ‘agricultural dewatering’; ‘dewatering’; ‘urban’; ‘any’; and the licence’s nominal entitlement; and the conditions, if any, to which the licence is subject.\n(sec.101-ssec.2) However, subsection (1) (b) does not apply to a licence granted under section 206 of the Act for the purpose of— agricultural dewatering; or dewatering.\n- (a) the purpose for which the water may be taken under the licence as one of the following— (i) ‘agricultural dewatering’; (ii) ‘dewatering’; (iii) ‘urban’; (iv) ‘any’; and\n- (i) ‘agricultural dewatering’;\n- (ii) ‘dewatering’;\n- (iii) ‘urban’;\n- (iv) ‘any’; and\n- (b) the licence’s nominal entitlement; and\n- (c) the conditions, if any, to which the licence is subject.\n- (i) ‘agricultural dewatering’;\n- (ii) ‘dewatering’;\n- (iii) ‘urban’;\n- (iv) ‘any’; and\n- (a) agricultural dewatering; or\n- (b) dewatering.","sortOrder":106},{"sectionNumber":"sec.102","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.102 Definition for sdiv 2\n\nIn this subdivision—\namended water licence means a water licence to take groundwater that is amended under section 217 of the Act .","sortOrder":107},{"sectionNumber":"sec.103","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.103 Purpose to be stated on water licence\n\nThe purpose to be stated on an amended water licence is to be—\nif the purpose stated on the licence before its amendment under section 217 of the Act was dewatering for agricultural purposes or a similar purpose—‘agricultural dewatering’; or\nif the purpose stated on the licence before its amendment under section 217 of the Act was dewatering, other than dewatering for agricultural purposes—‘dewatering’; or\nif the purpose stated on the licence before its amendment under section 217 of the Act was urban or town supply—‘urban’; or\nif paragraph (a) , (b) or (c) does not apply—‘any’.\n- (a) if the purpose stated on the licence before its amendment under section 217 of the Act was dewatering for agricultural purposes or a similar purpose—‘agricultural dewatering’; or\n- (b) if the purpose stated on the licence before its amendment under section 217 of the Act was dewatering, other than dewatering for agricultural purposes—‘dewatering’; or\n- (c) if the purpose stated on the licence before its amendment under section 217 of the Act was urban or town supply—‘urban’; or\n- (d) if paragraph (a) , (b) or (c) does not apply—‘any’.","sortOrder":108},{"sectionNumber":"sec.104","sectionType":"section","heading":"Conditions for water licence","content":"### sec.104 Conditions for water licence\n\nIn deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider—\nthe conditions stated on the water licence before its amendment under section 217 of the Act ; and\nif the purpose stated on the water licence before its amendment was agricultural dewatering purposes or a similar purpose, the following—\nthe groundwater levels to allow for normal agricultural activities;\nthe practical operation of harvesting equipment\nthe location of works for dewatering for agricultural purposes and any works for monitoring the dewatering.\n- (a) the conditions stated on the water licence before its amendment under section 217 of the Act ; and\n- (b) if the purpose stated on the water licence before its amendment was agricultural dewatering purposes or a similar purpose, the following— (i) the groundwater levels to allow for normal agricultural activities; Example of normal agricultural activities— the practical operation of harvesting equipment (ii) the location of works for dewatering for agricultural purposes and any works for monitoring the dewatering.\n- (i) the groundwater levels to allow for normal agricultural activities; Example of normal agricultural activities— the practical operation of harvesting equipment\n- (ii) the location of works for dewatering for agricultural purposes and any works for monitoring the dewatering.\n- (i) the groundwater levels to allow for normal agricultural activities; Example of normal agricultural activities— the practical operation of harvesting equipment\n- (ii) the location of works for dewatering for agricultural purposes and any works for monitoring the dewatering.","sortOrder":109},{"sectionNumber":"sec.105","sectionType":"section","heading":"Taking groundwater using prescribed existing groundwater works","content":"### sec.105 Taking groundwater using prescribed existing groundwater works\n\nAn owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (a) may take groundwater using the works.\nAn owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) may take groundwater using the works until 1 year after the commencement.\nHowever, if an owner of land mentioned in paragraph (b) gives notice to the chief executive that there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) on the land, the owner may take groundwater using the works any time after the commencement.\nAn authorisation under subsection (1) , (2) or (3) ceases to apply to an owner of land if the owner is granted a water licence relating to the works or any other works on the land.\n(sec.105-ssec.1) An owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (a) may take groundwater using the works.\n(sec.105-ssec.2) An owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) may take groundwater using the works until 1 year after the commencement.\n(sec.105-ssec.3) However, if an owner of land mentioned in paragraph (b) gives notice to the chief executive that there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) on the land, the owner may take groundwater using the works any time after the commencement.\n(sec.105-ssec.4) An authorisation under subsection (1) , (2) or (3) ceases to apply to an owner of land if the owner is granted a water licence relating to the works or any other works on the land.","sortOrder":110},{"sectionNumber":"sec.106","sectionType":"section","heading":"Granting water licences","content":"### sec.106 Granting water licences\n\nThis section does not apply in relation to groundwater in—\nthe Ban Ban Springs groundwater management area; or\nthe Barker Creek groundwater management area.\nThe chief executive may, under section 212 of the Act , grant a water licence—\nto a person authorised under section 105 (1) , (2) or (3) to take groundwater; or\nto an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010.\nThe water licence must be consistent with this part.\nIn this section—\ncommitment , for a groundwater-dependent activity, means that any of the following applies—\ninfrastructure for taking or distributing groundwater has been constructed;\na financial commitment to the construction of the infrastructure has been made;\nlocal or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held.\nA loan has been granted for the activity on the basis that irrigation would be permitted.\ngroundwater-dependent activity means an activity that uses groundwater, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise.\n(sec.106-ssec.1) This section does not apply in relation to groundwater in— the Ban Ban Springs groundwater management area; or the Barker Creek groundwater management area.\n(sec.106-ssec.2) The chief executive may, under section 212 of the Act , grant a water licence— to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or to an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010.\n(sec.106-ssec.3) The water licence must be consistent with this part.\n(sec.106-ssec.4) In this section— commitment , for a groundwater-dependent activity, means that any of the following applies— infrastructure for taking or distributing groundwater has been constructed; a financial commitment to the construction of the infrastructure has been made; local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held. A loan has been granted for the activity on the basis that irrigation would be permitted. groundwater-dependent activity means an activity that uses groundwater, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise.\n- (a) the Ban Ban Springs groundwater management area; or\n- (b) the Barker Creek groundwater management area.\n- (a) to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or\n- (b) to an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010.\n- (a) infrastructure for taking or distributing groundwater has been constructed;\n- (b) a financial commitment to the construction of the infrastructure has been made;\n- (c) local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held. Example of financial commitment— A loan has been granted for the activity on the basis that irrigation would be permitted.","sortOrder":111},{"sectionNumber":"sec.107","sectionType":"section","heading":"Nominal entitlements for authorisation","content":"### sec.107 Nominal entitlements for authorisation\n\nThe nominal entitlement for a water licence mentioned in section 106 is to be the volume decided by the chief executive having regard to the following—\nfor a water licence in relation to prescribed existing groundwater works to which section 105 (1) applies—the information given in the notice mentioned in the repealed Water Resource (Burnett Basin) Plan 2000 , section 30C (2) in relation to the works;\nfor a water licence in relation to prescribed existing groundwater works to which section 105 (3) applies—the information given in the notice mentioned in section 105 (3) ;\nthe availability of groundwater;\nthe efficiency of the use of the water;\nthe capacity of the works;\ncrop water demands;\nthe water-related infrastructure associated with the prescribed existing groundwater works to which section 105 (1) , (2) or (3) applies.\nSubsection (1) does not limit the matters the chief executive may consider.\n(sec.107-ssec.1) The nominal entitlement for a water licence mentioned in section 106 is to be the volume decided by the chief executive having regard to the following— for a water licence in relation to prescribed existing groundwater works to which section 105 (1) applies—the information given in the notice mentioned in the repealed Water Resource (Burnett Basin) Plan 2000 , section 30C (2) in relation to the works; for a water licence in relation to prescribed existing groundwater works to which section 105 (3) applies—the information given in the notice mentioned in section 105 (3) ; the availability of groundwater; the efficiency of the use of the water; the capacity of the works; crop water demands; the water-related infrastructure associated with the prescribed existing groundwater works to which section 105 (1) , (2) or (3) applies.\n(sec.107-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) for a water licence in relation to prescribed existing groundwater works to which section 105 (1) applies—the information given in the notice mentioned in the repealed Water Resource (Burnett Basin) Plan 2000 , section 30C (2) in relation to the works;\n- (b) for a water licence in relation to prescribed existing groundwater works to which section 105 (3) applies—the information given in the notice mentioned in section 105 (3) ;\n- (c) the availability of groundwater;\n- (d) the efficiency of the use of the water;\n- (e) the capacity of the works;\n- (f) crop water demands;\n- (g) the water-related infrastructure associated with the prescribed existing groundwater works to which section 105 (1) , (2) or (3) applies.","sortOrder":112},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":"Converting authorisations to water allocations to take unsupplemented groundwater","content":"## Converting authorisations to water allocations to take unsupplemented groundwater","sortOrder":113},{"sectionNumber":"sec.108","sectionType":"section","heading":"Purpose of div 4","content":"### sec.108 Purpose of div 4\n\nThis division states strategies for particular authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented groundwater under the resource operations plan.","sortOrder":114},{"sectionNumber":"sec.109","sectionType":"section","heading":"Application of div 4","content":"### sec.109 Application of div 4\n\nThis division applies to the water allocations that are converted from the authorisations mentioned in section 110 (1) .","sortOrder":115},{"sectionNumber":"sec.110","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.110 Authorisations to be converted to water allocations\n\nA water licence to take groundwater from any of the following groundwater sub-areas is to be converted to a water allocation to take unsupplemented groundwater from the groundwater sub-area—\nthe Kolan-Burnett A groundwater sub-area;\nthe Burnett-Elliott A groundwater sub-area;\nthe Elliott-Gregory A groundwater sub-area;\nthe Fairymead A groundwater sub-area.\nThis section does not apply to a water licence—\nfor the purpose of—\nagricultural dewatering; or\ndewatering; or\nthat does not state a volumetric limit.\n(sec.110-ssec.1) A water licence to take groundwater from any of the following groundwater sub-areas is to be converted to a water allocation to take unsupplemented groundwater from the groundwater sub-area— the Kolan-Burnett A groundwater sub-area; the Burnett-Elliott A groundwater sub-area; the Elliott-Gregory A groundwater sub-area; the Fairymead A groundwater sub-area.\n(sec.110-ssec.2) This section does not apply to a water licence— for the purpose of— agricultural dewatering; or dewatering; or that does not state a volumetric limit.\n- (a) the Kolan-Burnett A groundwater sub-area;\n- (b) the Burnett-Elliott A groundwater sub-area;\n- (c) the Elliott-Gregory A groundwater sub-area;\n- (d) the Fairymead A groundwater sub-area.\n- (a) for the purpose of— (i) agricultural dewatering; or (ii) dewatering; or\n- (i) agricultural dewatering; or\n- (ii) dewatering; or\n- (b) that does not state a volumetric limit.\n- (i) agricultural dewatering; or\n- (ii) dewatering; or","sortOrder":116},{"sectionNumber":"sec.111","sectionType":"section","heading":"Location for taking water under water allocation","content":"### sec.111 Location for taking water under water allocation\n\nThe location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the authorisation from which the water allocation is being converted.","sortOrder":117},{"sectionNumber":"sec.112","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.112 Purpose to be stated on water allocation\n\nThe purpose to be stated on the water allocation must be ‘any’.","sortOrder":118},{"sectionNumber":"sec.113","sectionType":"section","heading":"Nominal volume for water allocation","content":"### sec.113 Nominal volume for water allocation\n\nIn deciding the nominal volume for the water allocation, the chief executive must have regard to the following—\nthe local availability of groundwater;\nthe conditions under which groundwater may be taken under the authorisation from which the allocation is being converted;\nthe nominal entitlement for the authorisation from which the allocation is being converted;\nthe simulated mean annual diversion for the proposed water allocation.\nIn this section—\nsimulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the groundwater simulation period, divided by the number of years in the groundwater simulation period.\n(sec.113-ssec.1) In deciding the nominal volume for the water allocation, the chief executive must have regard to the following— the local availability of groundwater; the conditions under which groundwater may be taken under the authorisation from which the allocation is being converted; the nominal entitlement for the authorisation from which the allocation is being converted; the simulated mean annual diversion for the proposed water allocation.\n(sec.113-ssec.2) In this section— simulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the groundwater simulation period, divided by the number of years in the groundwater simulation period.\n- (a) the local availability of groundwater;\n- (b) the conditions under which groundwater may be taken under the authorisation from which the allocation is being converted;\n- (c) the nominal entitlement for the authorisation from which the allocation is being converted;\n- (d) the simulated mean annual diversion for the proposed water allocation.","sortOrder":119},{"sectionNumber":"sec.114","sectionType":"section","heading":"Annual volumetric limit for water allocation","content":"### sec.114 Annual volumetric limit for water allocation\n\nThe annual volumetric limit for the water allocation must be the nominal entitlement stated on the authorisation from which the water allocation is being converted.","sortOrder":120},{"sectionNumber":"sec.115","sectionType":"section","heading":"Water allocation group for water allocation","content":"### sec.115 Water allocation group for water allocation\n\nThe water allocation belongs to the following water allocation group—\nif the water allocation is being converted from an authorisation under which water in the Kolan-Burnett A groundwater sub-area may be taken—\nfor an authorisation that states a purpose of urban water supply or town water supply—the CB-KBA-A water allocation group; or\nfor an authorisation that states any other purpose—the CB-KBA-B water allocation group;\nif the water allocation is being converted from an authorisation under which water in the Burnett-Elliott A groundwater sub-area may be taken—\nfor an authorisation that states a purpose of urban water supply or town water supply—the CB-BEA-A water allocation group; or\nfor an authorisation that states any other purpose—the CB-BEA-B water allocation group;\nif the water allocation is being converted from an authorisation under which water in the Elliott-Gregory A groundwater sub-area may be taken—\nfor an authorisation that states a purpose of urban water supply or town water supply—the CB-EGA-A water allocation group; or\nfor an authorisation that states any other purpose—the CB-EGA-B water allocation group;\nif the water allocation is being converted from an authorisation under which water in the Fairymead A groundwater sub-area may be taken—\nfor an authorisation that states a purpose of urban water supply or town water supply—the CB-FMA-A water allocation group; or\nfor an authorisation that states any other purpose—the CB-FMA-B water allocation group.\n- (a) if the water allocation is being converted from an authorisation under which water in the Kolan-Burnett A groundwater sub-area may be taken— (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-KBA-A water allocation group; or (ii) for an authorisation that states any other purpose—the CB-KBA-B water allocation group;\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-KBA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-KBA-B water allocation group;\n- (b) if the water allocation is being converted from an authorisation under which water in the Burnett-Elliott A groundwater sub-area may be taken— (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-BEA-A water allocation group; or (ii) for an authorisation that states any other purpose—the CB-BEA-B water allocation group;\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-BEA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-BEA-B water allocation group;\n- (c) if the water allocation is being converted from an authorisation under which water in the Elliott-Gregory A groundwater sub-area may be taken— (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-EGA-A water allocation group; or (ii) for an authorisation that states any other purpose—the CB-EGA-B water allocation group;\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-EGA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-EGA-B water allocation group;\n- (d) if the water allocation is being converted from an authorisation under which water in the Fairymead A groundwater sub-area may be taken— (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-FMA-A water allocation group; or (ii) for an authorisation that states any other purpose—the CB-FMA-B water allocation group.\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-FMA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-FMA-B water allocation group.\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-KBA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-KBA-B water allocation group;\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-BEA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-BEA-B water allocation group;\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-EGA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-EGA-B water allocation group;\n- (i) for an authorisation that states a purpose of urban water supply or town water supply—the CB-FMA-A water allocation group; or\n- (ii) for an authorisation that states any other purpose—the CB-FMA-B water allocation group.","sortOrder":121},{"sectionNumber":"sec.116","sectionType":"section","heading":"Conditions for water allocation","content":"### sec.116 Conditions for water allocation\n\nIn deciding the conditions under which groundwater may be taken under the water allocation, the chief executive must have regard to—\nthe conditions stated on the authorisation from which the water allocation is being converted; or\nany development permit relating to the authorisation.\n- (a) the conditions stated on the authorisation from which the water allocation is being converted; or\n- (b) any development permit relating to the authorisation.","sortOrder":122},{"sectionNumber":"ch.5-pt.3-div.5","sectionType":"division","heading":"Limitation on interfering with groundwater in Coastal Burnett groundwater management area","content":"## Limitation on interfering with groundwater in Coastal Burnett groundwater management area","sortOrder":123},{"sectionNumber":"sec.117","sectionType":"section","heading":"Limitation on interference with groundwater— Act , s 20","content":"### sec.117 Limitation on interference with groundwater— Act , s 20\n\nThis section limits the groundwater in the Coastal Burnett groundwater management area that may be interfered with under section 20 (2) (c) of the Act .\nIf the interference is by an excavation exposing the watertable by an area greater than 1,500m 2 , the interference with groundwater must be authorised under a water licence to interfere with the flow of water on, under or adjoining the land.\nSubsection (2) only applies to an excavation constructed after the commencement.\n(sec.117-ssec.1) This section limits the groundwater in the Coastal Burnett groundwater management area that may be interfered with under section 20 (2) (c) of the Act .\n(sec.117-ssec.2) If the interference is by an excavation exposing the watertable by an area greater than 1,500m 2 , the interference with groundwater must be authorised under a water licence to interfere with the flow of water on, under or adjoining the land.\n(sec.117-ssec.3) Subsection (2) only applies to an excavation constructed after the commencement.","sortOrder":124},{"sectionNumber":"ch.5-pt.3-div.6","sectionType":"division","heading":"Water licences to interfere with groundwater in Coastal Burnett groundwater management area","content":"## Water licences to interfere with groundwater in Coastal Burnett groundwater management area","sortOrder":125},{"sectionNumber":"sec.118","sectionType":"section","heading":"Interference with groundwater by particular excavations","content":"### sec.118 Interference with groundwater by particular excavations\n\nThis section applies to an application, made under section 206 of the Act , for a water licence to interfere with groundwater in the Coastal Burnett groundwater management area if the interference is by an excavation mentioned in section 117 .\nIn deciding the application, the chief executive must consider the following—\nthe area by which the excavation will expose the watertable;\nany groundwater losses as a result of the excavation exposing the watertable;\nthe effect of granting the application on—\nthe availability of groundwater for existing holders of water entitlements in the groundwater management area; and\nthe integrity of the aquifer; and\ngroundwater-dependent ecosystems; and\nseawater intrusion.\nIf the chief executive decides to grant the water licence, the chief executive must—\ndecide a volume of water as the estimated loss of groundwater by evaporation resulting from the interference; and\nimpose a condition on the water licence—\nrequiring the holder of the water licence to hold—\na water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or\na water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and\nstopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) .\nIn deciding a volume of water under subsection (3) (a) , the chief executive must have regard to—\nthe area by which the excavation will expose the watertable; and\ninformation provided by the applicant about the estimated loss of groundwater by evaporation resulting from the interference; and\nhistorical data on the loss of water by evaporation for the groundwater management area.\nSubsections (2) and (4) do not limit the matters the chief executive may consider.\n(sec.118-ssec.1) This section applies to an application, made under section 206 of the Act , for a water licence to interfere with groundwater in the Coastal Burnett groundwater management area if the interference is by an excavation mentioned in section 117 .\n(sec.118-ssec.2) In deciding the application, the chief executive must consider the following— the area by which the excavation will expose the watertable; any groundwater losses as a result of the excavation exposing the watertable; the effect of granting the application on— the availability of groundwater for existing holders of water entitlements in the groundwater management area; and the integrity of the aquifer; and groundwater-dependent ecosystems; and seawater intrusion.\n(sec.118-ssec.3) If the chief executive decides to grant the water licence, the chief executive must— decide a volume of water as the estimated loss of groundwater by evaporation resulting from the interference; and impose a condition on the water licence— requiring the holder of the water licence to hold— a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) .\n(sec.118-ssec.4) In deciding a volume of water under subsection (3) (a) , the chief executive must have regard to— the area by which the excavation will expose the watertable; and information provided by the applicant about the estimated loss of groundwater by evaporation resulting from the interference; and historical data on the loss of water by evaporation for the groundwater management area.\n(sec.118-ssec.5) Subsections (2) and (4) do not limit the matters the chief executive may consider.\n- (a) the area by which the excavation will expose the watertable;\n- (b) any groundwater losses as a result of the excavation exposing the watertable;\n- (c) the effect of granting the application on— (i) the availability of groundwater for existing holders of water entitlements in the groundwater management area; and (ii) the integrity of the aquifer; and (iii) groundwater-dependent ecosystems; and (iv) seawater intrusion.\n- (i) the availability of groundwater for existing holders of water entitlements in the groundwater management area; and\n- (ii) the integrity of the aquifer; and\n- (iii) groundwater-dependent ecosystems; and\n- (iv) seawater intrusion.\n- (i) the availability of groundwater for existing holders of water entitlements in the groundwater management area; and\n- (ii) the integrity of the aquifer; and\n- (iii) groundwater-dependent ecosystems; and\n- (iv) seawater intrusion.\n- (a) decide a volume of water as the estimated loss of groundwater by evaporation resulting from the interference; and\n- (b) impose a condition on the water licence— (i) requiring the holder of the water licence to hold— (A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or (B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and (ii) stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) .\n- (i) requiring the holder of the water licence to hold— (A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or (B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and\n- (A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or\n- (B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and\n- (ii) stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) .\n- (i) requiring the holder of the water licence to hold— (A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or (B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and\n- (A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or\n- (B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and\n- (ii) stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) .\n- (A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or\n- (B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and\n- (a) the area by which the excavation will expose the watertable; and\n- (b) information provided by the applicant about the estimated loss of groundwater by evaporation resulting from the interference; and\n- (c) historical data on the loss of water by evaporation for the groundwater management area.","sortOrder":126},{"sectionNumber":"sch.5-pt","sectionType":"part","heading":"Map A","content":"# Map A","sortOrder":127},{"sectionNumber":"sch.5-pt-oc.2","sectionType":"part","heading":"Map B","content":"# Map B","sortOrder":128},{"sectionNumber":"sch.5-pt-oc.3","sectionType":"part","heading":"Map C","content":"# Map C","sortOrder":129},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Surface water node location","content":"# Surface water node location","sortOrder":130},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Groundwater node location","content":"# Groundwater node location","sortOrder":131},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"Surface water node description","content":"# Surface water node description","sortOrder":132},{"sectionNumber":"sch.6-pt.4","sectionType":"part","heading":"Groundwater node description","content":"# Groundwater node description","sortOrder":133},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Surface water objectives","content":"# Surface water objectives","sortOrder":134},{"sectionNumber":"sch.7-sec","sectionType":"section","heading":"Table 1","content":"### sch.7-sec Table 1\n\nAt each node mentioned in table 1, column 1, the number of periods of no flow of at least 6 months in the IQQM simulation period is to be no more than the number stated for the node in table 1, column 2.\nColumn 1\nColumn 2\nSurface water node\nNumber of periods of no flow\n2a\n3\n4\n6\n6\n12\nAt each node mentioned in table 2, column 1—\nthe mean annual flow in the IQQM simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 2; and\nthe median annual flow in the IQQM simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 3.\nColumn 1\nColumn 2\nColumn 3\nSurface water node\nMean annual flow (%)\nMedian annual flow (%)\n1\n70\n40\n11\n70\n55\n13\n75\n55\n15\n85\n70\n17\n95\n90\nAt each node mentioned in table 3, column 1—\nthe 1.5 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 2; and\nthe 5 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 3; and\nthe 20 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 4.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nSurface water node\n1.5 year daily flow volume (%)\n5 year daily flow volume (%)\n20 year daily flow volume (%)\n1\n50\n80\n90\n11\n70\n50\n60\n13\n35\n80\n90\n15\n65\n90\n95\n17\n90\n95\n95\n(sch.7-sec-ssec.1) At each node mentioned in table 1, column 1, the number of periods of no flow of at least 6 months in the IQQM simulation period is to be no more than the number stated for the node in table 1, column 2. Column 1 Column 2 Surface water node Number of periods of no flow 2a 3 4 6 6 12\n(sch.7-sec-ssec.2) At each node mentioned in table 2, column 1— the mean annual flow in the IQQM simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 2; and the median annual flow in the IQQM simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 3. Column 1 Column 2 Column 3 Surface water node Mean annual flow (%) Median annual flow (%) 1 70 40 11 70 55 13 75 55 15 85 70 17 95 90\n(sch.7-sec-ssec.3) At each node mentioned in table 3, column 1— the 1.5 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 2; and the 5 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 3; and the 20 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 4. Column 1 Column 2 Column 3 Column 4 Surface water node 1.5 year daily flow volume (%) 5 year daily flow volume (%) 20 year daily flow volume (%) 1 50 80 90 11 70 50 60 13 35 80 90 15 65 90 95 17 90 95 95\n- (a) the mean annual flow in the IQQM simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 2; and\n- (b) the median annual flow in the IQQM simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 3.\n- (a) the 1.5 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 2; and\n- (b) the 5 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 3; and\n- (c) the 20 year daily flow volume in the IQQM simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 4.","sortOrder":135},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Groundwater objectives","content":"# Groundwater objectives","sortOrder":136},{"sectionNumber":"sch.7-sec-oc.2","sectionType":"section","heading":"Table 4","content":"### sch.7-sec-oc.2 Table 4\n\nAt each node mentioned in table 4, column 1—\nthe average depth to the watertable in the groundwater simulation period must not be more than the maximum distance stated for the node in table 4, column 2; and\nthe greatest drawdown period for the node in the groundwater simulation period must not be more than the percentage stated for the node in table 4, column 3.\nColumn 1\nColumn 2\nColumn 3\nGroundwater node\nMaximum distance (m)\nDrawdown period (%)\n21\n10.85\n0\n26\n15.35\n0\n27\n3.64\n0.33\n28\n4.14\n1\n29\n3.64\n2.5\n30\n17.64\n0\n31\n13.4\n1\n36\n2.5\n8.58\nThe average ocean groundwater discharge for a groundwater sub-area mentioned in table 5, column 1 is to be at least the volume stated for the groundwater sub-area in table 5, column 2.\nColumn 1\nColumn 2\nGroundwater sub-area\nVolume (ML)\nKolan-Burnett A\n8,100\nBurnett-Elliott A\n2,100\nElliott-Gregory A\n4,200\nFairymead A\n4,100\n(sch.7-sec-oc.2-ssec.1) At each node mentioned in table 4, column 1— the average depth to the watertable in the groundwater simulation period must not be more than the maximum distance stated for the node in table 4, column 2; and the greatest drawdown period for the node in the groundwater simulation period must not be more than the percentage stated for the node in table 4, column 3. Column 1 Column 2 Column 3 Groundwater node Maximum distance (m) Drawdown period (%) 21 10.85 0 26 15.35 0 27 3.64 0.33 28 4.14 1 29 3.64 2.5 30 17.64 0 31 13.4 1 36 2.5 8.58\n(sch.7-sec-oc.2-ssec.2) The average ocean groundwater discharge for a groundwater sub-area mentioned in table 5, column 1 is to be at least the volume stated for the groundwater sub-area in table 5, column 2. Column 1 Column 2 Groundwater sub-area Volume (ML) Kolan-Burnett A 8,100 Burnett-Elliott A 2,100 Elliott-Gregory A 4,200 Fairymead A 4,100\n- (a) the average depth to the watertable in the groundwater simulation period must not be more than the maximum distance stated for the node in table 4, column 2; and\n- (b) the greatest drawdown period for the node in the groundwater simulation period must not be more than the percentage stated for the node in table 4, column 3.","sortOrder":137},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Supplemented water","content":"# Supplemented water","sortOrder":138},{"sectionNumber":"sch.8-sec.1","sectionType":"section","heading":"Barker Barambah Water Supply Scheme","content":"### sch.8-sec.1 Barker Barambah Water Supply Scheme\n\nFor water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 99%.\nFor water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 75%.\n(sch.8-sec.1-ssec.1) For water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 99%.\n(sch.8-sec.1-ssec.2) For water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 75%.","sortOrder":139},{"sectionNumber":"sch.8-sec.2","sectionType":"section","heading":"Boyne River and Tarong Water Supply Scheme","content":"### sch.8-sec.2 Boyne River and Tarong Water Supply Scheme\n\nFor water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 95%.\nFor water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 70%.\n(sch.8-sec.2-ssec.1) For water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 95%.\n(sch.8-sec.2-ssec.2) For water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 70%.","sortOrder":140},{"sectionNumber":"sch.8-sec.3","sectionType":"section","heading":"Bundaberg Water Supply Scheme","content":"### sch.8-sec.3 Bundaberg Water Supply Scheme\n\nFor water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 99%.\nFor water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 90%.\n(sch.8-sec.3-ssec.1) For water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 99%.\n(sch.8-sec.3-ssec.2) For water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 90%.","sortOrder":141},{"sectionNumber":"sch.8-sec.4","sectionType":"section","heading":"Three Moon Creek Water Supply Scheme","content":"### sch.8-sec.4 Three Moon Creek Water Supply Scheme\n\nFor water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 95%.\nFor water allocations in the surface water medium priority group, the monthly supplemented water sharing index is to be at least 65%.\nFor water allocations in the groundwater medium priority group, the monthly supplemented water sharing index is to be at least 80%.\n(sch.8-sec.4-ssec.1) For water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 95%.\n(sch.8-sec.4-ssec.2) For water allocations in the surface water medium priority group, the monthly supplemented water sharing index is to be at least 65%.\n(sch.8-sec.4-ssec.3) For water allocations in the groundwater medium priority group, the monthly supplemented water sharing index is to be at least 80%.","sortOrder":142},{"sectionNumber":"sch.8-sec.5","sectionType":"section","heading":"Upper Burnett Water Supply Scheme","content":"### sch.8-sec.5 Upper Burnett Water Supply Scheme\n\nFor water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 99%.\nFor water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 85%.\nFor water allocations in the low priority group, the monthly supplemented water sharing index is to be at least 25%.\n(sch.8-sec.5-ssec.1) For water allocations in the high priority group, the monthly supplemented water sharing index is to be at least 99%.\n(sch.8-sec.5-ssec.2) For water allocations in the medium priority group, the monthly supplemented water sharing index is to be at least 85%.\n(sch.8-sec.5-ssec.3) For water allocations in the low priority group, the monthly supplemented water sharing index is to be at least 25%.","sortOrder":143},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Unsupplemented surface water","content":"# Unsupplemented surface water","sortOrder":144},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":"Unsupplemented groundwater","content":"# Unsupplemented groundwater","sortOrder":145},{"sectionNumber":"sch.8-sec.6","sectionType":"section","heading":"Coastal Burnett Groundwater Management Area","content":"### sch.8-sec.6 Coastal Burnett Groundwater Management Area\n\nFor water allocations in the CB-KBA-A, CB-BEA-A or CB-FMA-A water allocation group, the 90% annual volume probability is to be 100%.\nFor water allocations in the CB-KBA-B, CB-BEA-B, CB-EGA-B or CB-FMA-B water allocation group, the groundwater annual volume probability is to be at least 50%.\n(sch.8-sec.6-ssec.1) For water allocations in the CB-KBA-A, CB-BEA-A or CB-FMA-A water allocation group, the 90% annual volume probability is to be 100%.\n(sch.8-sec.6-ssec.2) For water allocations in the CB-KBA-B, CB-BEA-B, CB-EGA-B or CB-FMA-B water allocation group, the groundwater annual volume probability is to be at least 50%.","sortOrder":146},{"sectionNumber":"sch.9-pt.1","sectionType":"part","heading":"Definitions","content":"# Definitions","sortOrder":147},{"sectionNumber":"sch.9-sec.1","sectionType":"section","heading":"Definitions for sch 9","content":"### sch.9-sec.1 Definitions for sch 9\n\nIn this schedule—\nadjusted storage level , for a storage, means the level in AHD calculated by subtracting the storage loss for the storage from the current storage level for the storage.\nadjusted storage volume , for a storage, means the volume of water in the storage for the adjusted storage level calculated using the storage curve for the storage.\nannounced allocation percentage —\nfor a priority group in a water supply scheme—means the percentage used to calculate the maximum volume of water that may be supplied, under section 16 , in a water year to water allocation holders in the priority group; or\nSee sections 9 and 10 .\nfor the high priority water allocations, or medium priority water allocations, in a relevant subscheme—means the percentage used to calculate the maximum volume of water that may be supplied, under section 33 or 53 , in a water year to the holders of high priority water allocations, or medium priority water allocations, in the relevant subscheme; or\nSee sections 26 , 27 , 42 and 43 .\nfor the John Goleby MP water allocations—means the percentage used to calculate the maximum volume of water that may be supplied, under section 61 , in the first water period in a water year to the holders of John Goleby MP water allocations.\nSee sections 56 and 57 .\nbulk capacity share means a conceptual portion of a water storage that is used to supply a particular group of water allocations.\nBurnett bulk capacity share means the Burnett bulk capacity share established as mentioned in section 25 (1) (a) .\nBurnett River subscheme means the part of the Bundaberg Water Supply Scheme located on the Burnett River extending from the Ben Anderson Barrage at AMTD 25.9km upstream to within the ponded area of Paradise Dam at AMTD 162.8km.\nClaude Wharton A subscheme means the part of the Upper Burnett Water Supply Scheme located on the Burnett River extending from Claude Wharton Weir at AMTD 202.4km upstream to the ponded limits of Claude Wharton Weir at AMTD 213.1km.\nClaude Wharton B subscheme means the part of the Upper Burnett Water Supply Scheme located on the Burnett River extending from within the ponded area of Paradise Dam at AMTD 162.8km upstream to the Claude Wharton Weir at AMTD 202.4km.\nClaude Wharton subscheme means the Claude Wharton A subscheme and the Claude Wharton B subscheme.\ncurrent storage level , for a storage, means the current level of water in the storage in AHD.\ncurrent storage volume , for a storage, means the volume of water in the storage for the current storage level calculated using the storage curve for the storage.\ndead storage volume , for a storage, means the dead storage volume of the storage stated in the infrastructure details for the storage in the resource operations plan.\ndiversion , for a water supply scheme or subscheme, for a water year, means the total volume of water taken under all water allocations in the scheme or subscheme since the start of the water year in which the provisional allocation percentage is calculated.\nfirst water period , for a water year, see section 55 .\nfull supply volume , for a storage, means the full supply volume of the storage stated in the infrastructure details for the storage in the resource operations plan.\nhigh priority water allocations , for a relevant subscheme, means water allocations in the high priority group under which water may be taken from the relevant subscheme.\ninflow allowance , for a subscheme, for a month, means an allowance, for the estimated flow of water into the subscheme, stated in part 5 , table 4 for the subscheme for the month in which the provisional allocation percentage is calculated.\nJohn Goleby MP water allocations means water allocations in the medium priority group under which water may be taken from the John Goleby subscheme.\nJohn Goleby subscheme means the part of the Upper Burnett Water Supply Scheme located on the Burnett River extending from the confluence of the Burnett River and the Nogo River at AMTD 311.8km upstream to the ponded limits of John Goleby Weir at AMTD 333.9km.\nJones subscheme means the part of the Upper Burnett Water Supply Scheme located on—\nthe Burnett River extending from the ponded limits of Claude Wharton Weir at AMTD 213.1km upstream to the Jones Weir at AMTD 253km; and\nthe Auburn River extending from the confluence of the Auburn River and the Burnett River at AMTD 0km upstream to AMTD 6km.\nKirar subscheme means the part of the Upper Burnett Water Supply Scheme located on the Burnett River extending from the ponded limits of Jones Weir at AMTD 253km to the confluence of the Burnett River and the Nogo River at AMTD 311.8km.\nKolan bulk capacity share means the Kolan bulk capacity share established as mentioned in section 25 (1) (b) .\nKolan River subscheme means the part of the Bundaberg Water Supply Scheme located on the Kolan River extending from the Kolan Barrage at AMTD 14.7km upstream to the ponded limits of Fred Haigh Dam at AMTD 116km.\nlast water period , for a water year, see section 55 .\nmajor inflow —\nfor a water supply scheme—means a flow of water into the scheme that would allow the announced allocation percentage for either of the following to increase by more than 5%—\na priority group in the scheme;\nthe high priority water allocations, or medium priority water allocations, in a relevant subscheme that is part of the scheme; or\nfor the John Goleby subscheme—means a flow of water into the John Goleby subscheme that would allow the announced allocation percentage for the John Goleby MP water allocations to increase by more than 5%.\nmedium priority water allocations , for a relevant subscheme, means water allocations in the medium priority group under which water may be taken from the relevant subscheme.\nprovisional allocation percentage —\nfor a priority group in a water supply scheme—means the percentage, calculated for the priority group under section 12 or 13 , that is used to calculate the announced allocation percentage for the priority group;\nfor the high priority water allocations, or medium priority water allocations, in a relevant subscheme—means the percentage, calculated for the high priority water allocations, or medium priority water allocations, in the relevant subscheme under section 29 , 30 , 45 , 46 , 47 or 48 , that is used to calculate the announced allocation percentage for the high priority water allocations, or medium priority water allocations, in the relevant subscheme; or\nfor the John Goleby MP water allocations—means the percentage, calculated under section 59 , that is used to calculate the announced allocation percentage for the John Goleby MP water allocations.\nrelevant subscheme —\nfor schedule 9 , part 3 , division 3 —see schedule 9 , section 23 ; or\nfor schedule 9 , part 4 , division 3 , subdivision 1 —see schedule 9 , section 40 .\nreserve , for a water supply scheme or subscheme, for a month, means the volume, in megalitres, reserved for water allocations in the high priority group for future water years, stated in part 5 , table 2 for the scheme or subscheme for the month in which the provisional allocation percentage is calculated.\nROL holder —\nfor part 2 —see section 2 ; or\nfor part 3 —see section 17 ; or\nfor part 4 —see section 34 .\nstorage curve , for a storage, means the drawing, showing the volume of water in the storage for a range of water levels, stated in the resource operations plan for the storage.\nA copy of the storage curve for a storage mentioned in this schedule is available from the resource operations licence holder who operates the storage.\nstorage loss , for a storage, for a month, means the loss of water from the storage, due to evaporation and seepage, stated in part 5 , table 1 for the storage for the month in which the provisional allocation percentage is calculated.\nsubscheme means the following—\nthe Burnett River subscheme;\nthe Claude Wharton A subscheme;\nthe Claude Wharton B subscheme;\nthe Claude Wharton subscheme;\nthe John Goleby subscheme;\nthe Jones subscheme;\nthe Kirar subscheme;\nthe Kolan River subscheme;\nthe Wuruma subscheme.\ntransfer allowance means the figure associated with supplying water from Wuruma Dam to water allocations in the Claude Wharton subscheme—\nif the current storage level for Wuruma Dam when the provisional allocation percentage is calculated is as stated in part 5 , table 5, column 1—stated in the table, column 2 opposite the current storage level; or\nif the current storage level for Wuruma Dam when the provisional allocation percentage is calculated is other than as stated in part 5 , table 5, column 1—linearly interpolated using the figures in the table.\ntransmission and operational losses , for a water supply scheme or relevant subscheme, for a month, means the figure, used as an allowance for the loss of water associated with supplying water to water allocation holders—\nif the provisional allocation percentage for the medium priority group in the scheme, or the medium priority water allocations in the relevant subscheme, is zero—stated in part 5 , table 3, column 2 for the scheme or relevant subscheme for the month in which the provisional allocation percentage is calculated; or\nif the provisional allocation percentage for the medium priority group in the scheme, or the medium priority water allocations in the relevant subscheme, is 100%—stated in part 5 , table 3, column 3 for the scheme or relevant subscheme for the month in which the provisional allocation percentage is calculated; or\nfor another provisional allocation percentage for the medium priority group in the scheme, or the medium priority water allocations in the relevant subscheme—linearly interpolated using the figures in part 5 , table 3, columns 2 and 3 for the scheme or subscheme for the month in which the provisional allocation percentage is calculated.\nunused water —\nfor the last water period in a water year—means water that may be taken, but is not taken, in the last water period in the water year by the holder of a water allocation, but does not include water that may be taken in the last water period only because the ROL holder has allowed the water allocation holder to carry over water from the previous water year; or\nfor a water year—means water that may be taken, but is not taken, in the water year by the holder of a water allocation, but does not include water that may be taken in the water year only because the ROL holder has allowed the water allocation holder to carry over water from the previous water year.\nusable volume —\nfor a bulk capacity share—means the volume of water in the bulk capacity share divided by the current storage volume for Fred Haigh Dam and multiplied by the volume calculated under paragraph (b) for Fred Haigh Dam; or\nfor a storage—means the adjusted storage volume for the storage minus the dead storage volume for the storage.\nwater year means a period of 12 months beginning on 1 July.\nWuruma subscheme means the part of the Upper Burnett Water Supply Scheme located on the Nogo River extending from the confluence of the Nogo River and the Burnett River at AMTD 0km upstream to the ponded limits of Wuruma Dam at AMTD 44.5km.\n- (a) for a priority group in a water supply scheme—means the percentage used to calculate the maximum volume of water that may be supplied, under section 16 , in a water year to water allocation holders in the priority group; or Note— See sections 9 and 10 .\n- (b) for the high priority water allocations, or medium priority water allocations, in a relevant subscheme—means the percentage used to calculate the maximum volume of water that may be supplied, under section 33 or 53 , in a water year to the holders of high priority water allocations, or medium priority water allocations, in the relevant subscheme; or Note— See sections 26 , 27 , 42 and 43 .\n- (c) for the John Goleby MP water allocations—means the percentage used to calculate the maximum volume of water that may be supplied, under section 61 , in the first water period in a water year to the holders of John Goleby MP water allocations. Note— See sections 56 and 57 .\n- (a) the Burnett River extending from the ponded limits of Claude Wharton Weir at AMTD 213.1km upstream to the Jones Weir at AMTD 253km; and\n- (b) the Auburn River extending from the confluence of the Auburn River and the Burnett River at AMTD 0km upstream to AMTD 6km.\n- (a) for a water supply scheme—means a flow of water into the scheme that would allow the announced allocation percentage for either of the following to increase by more than 5%— (i) a priority group in the scheme; (ii) the high priority water allocations, or medium priority water allocations, in a relevant subscheme that is part of the scheme; or\n- (i) a priority group in the scheme;\n- (ii) the high priority water allocations, or medium priority water allocations, in a relevant subscheme that is part of the scheme; or\n- (b) for the John Goleby subscheme—means a flow of water into the John Goleby subscheme that would allow the announced allocation percentage for the John Goleby MP water allocations to increase by more than 5%.\n- (i) a priority group in the scheme;\n- (ii) the high priority water allocations, or medium priority water allocations, in a relevant subscheme that is part of the scheme; or\n- (a) for a priority group in a water supply scheme—means the percentage, calculated for the priority group under section 12 or 13 , that is used to calculate the announced allocation percentage for the priority group;\n- (b) for the high priority water allocations, or medium priority water allocations, in a relevant subscheme—means the percentage, calculated for the high priority water allocations, or medium priority water allocations, in the relevant subscheme under section 29 , 30 , 45 , 46 , 47 or 48 , that is used to calculate the announced allocation percentage for the high priority water allocations, or medium priority water allocations, in the relevant subscheme; or\n- (c) for the John Goleby MP water allocations—means the percentage, calculated under section 59 , that is used to calculate the announced allocation percentage for the John Goleby MP water allocations.\n- (a) for schedule 9 , part 3 , division 3 —see schedule 9 , section 23 ; or\n- (b) for schedule 9 , part 4 , division 3 , subdivision 1 —see schedule 9 , section 40 .\n- (a) for part 2 —see section 2 ; or\n- (b) for part 3 —see section 17 ; or\n- (c) for part 4 —see section 34 .\n- (a) the Burnett River subscheme;\n- (b) the Claude Wharton A subscheme;\n- (c) the Claude Wharton B subscheme;\n- (d) the Claude Wharton subscheme;\n- (e) the John Goleby subscheme;\n- (f) the Jones subscheme;\n- (g) the Kirar subscheme;\n- (h) the Kolan River subscheme;\n- (i) the Wuruma subscheme.\n- (a) if the current storage level for Wuruma Dam when the provisional allocation percentage is calculated is as stated in part 5 , table 5, column 1—stated in the table, column 2 opposite the current storage level; or\n- (b) if the current storage level for Wuruma Dam when the provisional allocation percentage is calculated is other than as stated in part 5 , table 5, column 1—linearly interpolated using the figures in the table.\n- (a) if the provisional allocation percentage for the medium priority group in the scheme, or the medium priority water allocations in the relevant subscheme, is zero—stated in part 5 , table 3, column 2 for the scheme or relevant subscheme for the month in which the provisional allocation percentage is calculated; or\n- (b) if the provisional allocation percentage for the medium priority group in the scheme, or the medium priority water allocations in the relevant subscheme, is 100%—stated in part 5 , table 3, column 3 for the scheme or relevant subscheme for the month in which the provisional allocation percentage is calculated; or\n- (c) for another provisional allocation percentage for the medium priority group in the scheme, or the medium priority water allocations in the relevant subscheme—linearly interpolated using the figures in part 5 , table 3, columns 2 and 3 for the scheme or subscheme for the month in which the provisional allocation percentage is calculated.\n- (a) for the last water period in a water year—means water that may be taken, but is not taken, in the last water period in the water year by the holder of a water allocation, but does not include water that may be taken in the last water period only because the ROL holder has allowed the water allocation holder to carry over water from the previous water year; or\n- (b) for a water year—means water that may be taken, but is not taken, in the water year by the holder of a water allocation, but does not include water that may be taken in the water year only because the ROL holder has allowed the water allocation holder to carry over water from the previous water year.\n- (a) for a bulk capacity share—means the volume of water in the bulk capacity share divided by the current storage volume for Fred Haigh Dam and multiplied by the volume calculated under paragraph (b) for Fred Haigh Dam; or\n- (b) for a storage—means the adjusted storage volume for the storage minus the dead storage volume for the storage.","sortOrder":148},{"sectionNumber":"sch.9-pt.2","sectionType":"part","heading":"Barker Barambah Water Supply Scheme","content":"# Barker Barambah Water Supply Scheme","sortOrder":149},{"sectionNumber":"sch.9-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":150},{"sectionNumber":"sch.9-sec.2","sectionType":"section","heading":"Application of pt 2","content":"### sch.9-sec.2 Application of pt 2\n\nThis part applies to—\nthe holder of the resource operations licence for the Barker Barambah Water Supply Scheme (the ROL holder ); and\nall water allocations managed under the resource operations licence.\n- (a) the holder of the resource operations licence for the Barker Barambah Water Supply Scheme (the ROL holder ); and\n- (b) all water allocations managed under the resource operations licence.","sortOrder":151},{"sectionNumber":"sch.9-sec.3","sectionType":"section","heading":"Definitions for pt 2","content":"### sch.9-sec.3 Definitions for pt 2\n\nIn this part—\nBarker Barambah HP water allocations means water allocations in the high priority group in the Barker Barambah Water Supply Scheme.\nBarker Barambah MP water allocations means water allocations in the medium priority group in the Barker Barambah Water Supply Scheme.","sortOrder":152},{"sectionNumber":"sch.9-pt.2-div.2","sectionType":"division","heading":"Environmental management rules and infrastructure operating rules","content":"## Environmental management rules and infrastructure operating rules","sortOrder":153},{"sectionNumber":"sch.9-sec.4","sectionType":"section","heading":"Use of watercourses for distribution","content":"### sch.9-sec.4 Use of watercourses for distribution\n\nThe ROL holder may only use the following watercourses for the distribution of water—\nthe part of Barker Creek extending from the confluence of Barker Creek and Barambah Creek at AMTD 0km upstream to the ponded limits of Bjelke-Petersen Dam at AMTD 38.2km;\nthe part of Barambah Creek at AMTD 85km to the ponded limits of Francis Weir at AMTD 189.5km.\n- (a) the part of Barker Creek extending from the confluence of Barker Creek and Barambah Creek at AMTD 0km upstream to the ponded limits of Bjelke-Petersen Dam at AMTD 38.2km;\n- (b) the part of Barambah Creek at AMTD 85km to the ponded limits of Francis Weir at AMTD 189.5km.","sortOrder":154},{"sectionNumber":"sch.9-sec.5","sectionType":"section","heading":"Operating levels of storages","content":"### sch.9-sec.5 Operating levels of storages\n\nThe ROL holder may only release water from a storage mentioned in the table, column 1 for the following—\nto maintain a downstream storage at its nominal operating level under subsection (2) ;\nto comply with the environmental management rules in section 7 ;\nto supply water under a water allocation under section 16 .\nThe ROL holder must maintain each storage mentioned in the table, column 1, other than Bjelke-Petersen Dam, at or above the level (the nominal operating level ) stated in the table, column 3 for the period stated in the table, column 4 opposite the storage.\nHowever, the ROL holder may maintain the storage at a level below the nominal operating level for the storage for not more than 7 days a month.\nDespite subsections (1) and (2) , the ROL holder must not, unless authorised by the chief executive, release water from a storage mentioned in the table, column 1 if the current storage level for the storage is at or below the level (the minimum operating level ) stated in the table, column 2 for the storage.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nStorage\nMinimum operating level (m AHD)\nNominal operating level (m AHD)\nPeriod\nBjelke-Petersen Dam\n289.9\nn/a\nn/a\nSilverleaf Weir\n259.86\n263.25\nApril to September\n263.5\nOctober to March\nJoe Sippel Weir\n291.06\n294.5\nall year\n(sch.9-sec.5-ssec.1) The ROL holder may only release water from a storage mentioned in the table, column 1 for the following— to maintain a downstream storage at its nominal operating level under subsection (2) ; to comply with the environmental management rules in section 7 ; to supply water under a water allocation under section 16 .\n(sch.9-sec.5-ssec.2) The ROL holder must maintain each storage mentioned in the table, column 1, other than Bjelke-Petersen Dam, at or above the level (the nominal operating level ) stated in the table, column 3 for the period stated in the table, column 4 opposite the storage.\n(sch.9-sec.5-ssec.3) However, the ROL holder may maintain the storage at a level below the nominal operating level for the storage for not more than 7 days a month.\n(sch.9-sec.5-ssec.4) Despite subsections (1) and (2) , the ROL holder must not, unless authorised by the chief executive, release water from a storage mentioned in the table, column 1 if the current storage level for the storage is at or below the level (the minimum operating level ) stated in the table, column 2 for the storage. Column 1 Column 2 Column 3 Column 4 Storage Minimum operating level (m AHD) Nominal operating level (m AHD) Period Bjelke-Petersen Dam 289.9 n/a n/a Silverleaf Weir 259.86 263.25 April to September 263.5 October to March Joe Sippel Weir 291.06 294.5 all year\n- (a) to maintain a downstream storage at its nominal operating level under subsection (2) ;\n- (b) to comply with the environmental management rules in section 7 ;\n- (c) to supply water under a water allocation under section 16 .","sortOrder":155},{"sectionNumber":"sch.9-sec.6","sectionType":"section","heading":"Change in rate of release","content":"### sch.9-sec.6 Change in rate of release\n\nThe ROL holder must prepare and maintain operating procedures for Bjelke-Petersen Dam, Silverleaf Weir and Joe Sippel Weir.\nThe operating procedures must ensure that any increase or decrease in the rate of release of water from the storages occurs incrementally so as to minimise the occurrence of adverse environmental impacts.\nThe occurrence of fish stranding and bank slumping can be reduced by ensuring smooth and gradual changes to the rate of release of water from a storage.\n(sch.9-sec.6-ssec.1) The ROL holder must prepare and maintain operating procedures for Bjelke-Petersen Dam, Silverleaf Weir and Joe Sippel Weir.\n(sch.9-sec.6-ssec.2) The operating procedures must ensure that any increase or decrease in the rate of release of water from the storages occurs incrementally so as to minimise the occurrence of adverse environmental impacts. The occurrence of fish stranding and bank slumping can be reduced by ensuring smooth and gradual changes to the rate of release of water from a storage.","sortOrder":156},{"sectionNumber":"sch.9-sec.7","sectionType":"section","heading":"Environmental management rules","content":"### sch.9-sec.7 Environmental management rules\n\nFor each day from 1 July to 31 August, the ROL holder must release water from Silverleaf Weir to maintain a daily flow at Stonelands gauging station of 5ML or more if—\nthe combined daily flow at West Barambah gauging station and Glenmore gauging station is 10ML or more; and\nthe daily flow at Ban Ban gauging station is 0ML; and\nthe announced allocation percentage for the Barker Barambah MP water allocations is greater than 5%.\nFor each day from 1 September to 31 December, the ROL holder must release water from Silverleaf Weir to maintain a daily flow at Stonelands gauging station of—\nif the combined daily flow at West Barambah gauging station and Glenmore gauging station is 10ML or more but less than 15ML—5ML; or\nif the combined daily flow at West Barambah gauging station and Glenmore gauging station is 15ML or more—the lesser of two-thirds of the combined daily flow at the gauging stations and 50ML.\nHowever, subsection (2) does not apply if—\nthe daily flow at Ban Ban gauging station is 50ML or more; or\nthe announced allocation percentage for the Barker Barambah MP water allocations is 5% or less.\n(sch.9-sec.7-ssec.1) For each day from 1 July to 31 August, the ROL holder must release water from Silverleaf Weir to maintain a daily flow at Stonelands gauging station of 5ML or more if— the combined daily flow at West Barambah gauging station and Glenmore gauging station is 10ML or more; and the daily flow at Ban Ban gauging station is 0ML; and the announced allocation percentage for the Barker Barambah MP water allocations is greater than 5%.\n(sch.9-sec.7-ssec.2) For each day from 1 September to 31 December, the ROL holder must release water from Silverleaf Weir to maintain a daily flow at Stonelands gauging station of— if the combined daily flow at West Barambah gauging station and Glenmore gauging station is 10ML or more but less than 15ML—5ML; or if the combined daily flow at West Barambah gauging station and Glenmore gauging station is 15ML or more—the lesser of two-thirds of the combined daily flow at the gauging stations and 50ML.\n(sch.9-sec.7-ssec.3) However, subsection (2) does not apply if— the daily flow at Ban Ban gauging station is 50ML or more; or the announced allocation percentage for the Barker Barambah MP water allocations is 5% or less.\n- (a) the combined daily flow at West Barambah gauging station and Glenmore gauging station is 10ML or more; and\n- (b) the daily flow at Ban Ban gauging station is 0ML; and\n- (c) the announced allocation percentage for the Barker Barambah MP water allocations is greater than 5%.\n- (a) if the combined daily flow at West Barambah gauging station and Glenmore gauging station is 10ML or more but less than 15ML—5ML; or\n- (b) if the combined daily flow at West Barambah gauging station and Glenmore gauging station is 15ML or more—the lesser of two-thirds of the combined daily flow at the gauging stations and 50ML.\n- (a) the daily flow at Ban Ban gauging station is 50ML or more; or\n- (b) the announced allocation percentage for the Barker Barambah MP water allocations is 5% or less.","sortOrder":157},{"sectionNumber":"sch.9-sec.8","sectionType":"section","heading":"Quality of water released","content":"### sch.9-sec.8 Quality of water released\n\nIf the ROL holder is releasing water from water infrastructure that incorporates multilevel inlets, the ROL holder must draw water from the inlet that optimises the quality of the water released.","sortOrder":158},{"sectionNumber":"sch.9-pt.2-div.3","sectionType":"division","heading":"Water sharing rules","content":"## Water sharing rules","sortOrder":159},{"sectionNumber":"sch.9-sec.9","sectionType":"section","heading":"Announced allocation percentage—initial percentage","content":"### sch.9-sec.9 Announced allocation percentage—initial percentage\n\nThe ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for each priority group in the Barker Barambah Water Supply Scheme under section 12 or 13 .\nThe announced allocation percentage for a priority group is the provisional allocation percentage calculated for the priority group under section 12 or 13 .\nHowever, if the provisional allocation percentage calculated for a priority group under section 12 or 13 is less than zero, the announced allocation percentage for the priority group is zero.\nThe announced allocation percentage for a priority group—\ntakes effect on the first day of the water year; and\nsubject to section 10 , has effect as the announced allocation percentage for the priority group for the water year.\n(sch.9-sec.9-ssec.1) The ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for each priority group in the Barker Barambah Water Supply Scheme under section 12 or 13 .\n(sch.9-sec.9-ssec.2) The announced allocation percentage for a priority group is the provisional allocation percentage calculated for the priority group under section 12 or 13 .\n(sch.9-sec.9-ssec.3) However, if the provisional allocation percentage calculated for a priority group under section 12 or 13 is less than zero, the announced allocation percentage for the priority group is zero.\n(sch.9-sec.9-ssec.4) The announced allocation percentage for a priority group— takes effect on the first day of the water year; and subject to section 10 , has effect as the announced allocation percentage for the priority group for the water year.\n- (a) takes effect on the first day of the water year; and\n- (b) subject to section 10 , has effect as the announced allocation percentage for the priority group for the water year.","sortOrder":160},{"sectionNumber":"sch.9-sec.10","sectionType":"section","heading":"Announced allocation percentage—further calculations","content":"### sch.9-sec.10 Announced allocation percentage—further calculations\n\nThe ROL holder must calculate a provisional allocation percentage for each priority group in the Barker Barambah Water Supply Scheme under section 12 or 13 —\nwithin 5 business days after the start of each quarter of the water year, other than the first quarter; and\nwithin 10 business days after a major inflow for the water supply scheme.\nAlso, the ROL holder may, at any time during the water year, calculate a provisional allocation percentage for each priority group in the water supply scheme under section 12 or 13 .\nIf the provisional allocation percentage for a priority group calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the priority group, the provisional allocation percentage—\ntakes effect as the announced allocation percentage for the priority group on the day on which the calculation is made; and\nhas effect as the announced allocation percentage for the priority group for the water year unless a greater announced allocation percentage for the priority group takes effect under this section.\n(sch.9-sec.10-ssec.1) The ROL holder must calculate a provisional allocation percentage for each priority group in the Barker Barambah Water Supply Scheme under section 12 or 13 — within 5 business days after the start of each quarter of the water year, other than the first quarter; and within 10 business days after a major inflow for the water supply scheme.\n(sch.9-sec.10-ssec.2) Also, the ROL holder may, at any time during the water year, calculate a provisional allocation percentage for each priority group in the water supply scheme under section 12 or 13 .\n(sch.9-sec.10-ssec.3) If the provisional allocation percentage for a priority group calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the priority group, the provisional allocation percentage— takes effect as the announced allocation percentage for the priority group on the day on which the calculation is made; and has effect as the announced allocation percentage for the priority group for the water year unless a greater announced allocation percentage for the priority group takes effect under this section.\n- (a) within 5 business days after the start of each quarter of the water year, other than the first quarter; and\n- (b) within 10 business days after a major inflow for the water supply scheme.\n- (a) takes effect as the announced allocation percentage for the priority group on the day on which the calculation is made; and\n- (b) has effect as the announced allocation percentage for the priority group for the water year unless a greater announced allocation percentage for the priority group takes effect under this section.","sortOrder":161},{"sectionNumber":"sch.9-sec.11","sectionType":"section","heading":"Publication of announced allocation percentage","content":"### sch.9-sec.11 Publication of announced allocation percentage\n\nThe ROL holder must, within the required time after an announced allocation percentage for a priority group takes effect under section 9 or 10 , publish details of the announced allocation percentage for the priority group on the ROL holder’s website.\nDetails for the water supply scheme are on the ROL holder’s website.\nIn this section—\nrequired time means—\nfor an announced allocation percentage that takes effect for a priority group under section 9 —5 business days; or\nfor an announced allocation percentage that takes effect for a priority group under section 10 —2 business days.\n(sch.9-sec.11-ssec.1) The ROL holder must, within the required time after an announced allocation percentage for a priority group takes effect under section 9 or 10 , publish details of the announced allocation percentage for the priority group on the ROL holder’s website. Details for the water supply scheme are on the ROL holder’s website.\n(sch.9-sec.11-ssec.2) In this section— required time means— for an announced allocation percentage that takes effect for a priority group under section 9 —5 business days; or for an announced allocation percentage that takes effect for a priority group under section 10 —2 business days.\n- (a) for an announced allocation percentage that takes effect for a priority group under section 9 —5 business days; or\n- (b) for an announced allocation percentage that takes effect for a priority group under section 10 —2 business days.","sortOrder":162},{"sectionNumber":"sch.9-sec.12","sectionType":"section","heading":"Calculating provisional allocation percentage for high priority water allocations— ss 9 and 10","content":"### sch.9-sec.12 Calculating provisional allocation percentage for high priority water allocations— ss 9 and 10\n\nThe provisional allocation percentage for the Barker Barambah HP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the usable volume for Bjelke-Petersen Dam.\nDIVH means the total volume of water taken under all Barker Barambah HP water allocations since the start of the water year in which the provisional allocation percentage is calculated.\nHPTOL means the figure stated in part 5 , table 3, column 2 for the Barker Barambah Water Supply Scheme for the month in which the provisional allocation percentage is calculated.\nVIWY means the difference between the total volume of water carried over to the current water year under section 14 , and the total volume of water brought forward to the current water year under section 15 , by holders of water allocations under which water may be taken from the Barker Barambah Water Supply Scheme.\nHPA means the total of the nominal volumes for the Barker Barambah HP water allocations.","sortOrder":163},{"sectionNumber":"sch.9-sec.13","sectionType":"section","heading":"Calculating provisional allocation percentage for medium priority water allocations— ss 9 and 10","content":"### sch.9-sec.13 Calculating provisional allocation percentage for medium priority water allocations— ss 9 and 10\n\nThe provisional allocation percentage for the Barker Barambah MP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the total of the usable volumes for Bjelke-Petersen Dam, Silverleaf Weir and Joe Sippel Weir.\nHPA means the total of the nominal volumes for the Barker Barambah HP water allocations.\nRE means the reserve for the Barker Barambah Water Supply Scheme for the month.\nDIV means the diversion for the Barker Barambah Water Supply Scheme for the water year.\nTOL means the transmission and operational losses for the Barker Barambah Water Supply Scheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 14 , and the total volume of water brought forward to the current water year under section 15 , by holders of water allocations under which water may be taken from the Barker Barambah Water Supply Scheme.\nMPA means the total of the nominal volumes for the Barker Barambah MP water allocations.","sortOrder":164},{"sectionNumber":"sch.9-sec.14","sectionType":"section","heading":"Carry over","content":"### sch.9-sec.14 Carry over\n\nThe ROL holder may allow the holder of a water allocation in the medium priority group in the Barker Barambah Water Supply Scheme to carry over unused water from 1 water year to the next water year.\nHowever, the total volume of water the ROL holder may allow the water allocation holders to carry over is the lesser of the following—\n20% of the total of the nominal volumes for all Barker Barambah MP water allocations;\nthe total volume of the unused water for the water year under all Barker Barambah MP water allocations.\n(sch.9-sec.14-ssec.1) The ROL holder may allow the holder of a water allocation in the medium priority group in the Barker Barambah Water Supply Scheme to carry over unused water from 1 water year to the next water year.\n(sch.9-sec.14-ssec.2) However, the total volume of water the ROL holder may allow the water allocation holders to carry over is the lesser of the following— 20% of the total of the nominal volumes for all Barker Barambah MP water allocations; the total volume of the unused water for the water year under all Barker Barambah MP water allocations.\n- (a) 20% of the total of the nominal volumes for all Barker Barambah MP water allocations;\n- (b) the total volume of the unused water for the water year under all Barker Barambah MP water allocations.","sortOrder":165},{"sectionNumber":"sch.9-sec.15","sectionType":"section","heading":"Forward draw","content":"### sch.9-sec.15 Forward draw\n\nThe ROL holder may allow the holder of a water allocation in the Barker Barambah Water Supply Scheme to bring forward to the current water year any water that may be taken under the water allocation in the next water year.\nHowever, the total volume of water the ROL holder may allow the holders of water allocations in a priority group to bring forward must not exceed 1% of the total of the nominal volumes for all water allocations in the priority group.\n(sch.9-sec.15-ssec.1) The ROL holder may allow the holder of a water allocation in the Barker Barambah Water Supply Scheme to bring forward to the current water year any water that may be taken under the water allocation in the next water year.\n(sch.9-sec.15-ssec.2) However, the total volume of water the ROL holder may allow the holders of water allocations in a priority group to bring forward must not exceed 1% of the total of the nominal volumes for all water allocations in the priority group.","sortOrder":166},{"sectionNumber":"sch.9-sec.16","sectionType":"section","heading":"Supplying and taking water under a water allocation","content":"### sch.9-sec.16 Supplying and taking water under a water allocation\n\nThe ROL holder may supply under a water allocation in the Barker Barambah Water Supply Scheme, and the water allocation holder may take, in a water year, the volume of water calculated under subsection (2) .\nThe volume of water is calculated by—\nmultiplying the nominal volume for the water allocation by the announced allocation percentage for the priority group to which the water allocation belongs; and\nadding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 15 ; and\nsubtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 15 .\nAlso, the ROL holder may supply under the water allocation, and the water allocation holder may take, in the carry over period in the water year, the volume of water, if any, that the water allocation holder carried over to the current water year under section 14 .\nHowever, if the water allocation holder does not take, during the carry over period in the water year, the full volume of the water mentioned in subsection (3) , the water allocation holder may not take any further volume of that water after the carry over period ends.\nIn this section—\ncarry over period , for a water year, means the period in the water year—\nstarting at the start of the water year; and\nending on the earliest of the following—\nwhen Bjelke-Petersen Dam overflows;\nwhen the current storage level in Bjelke-Petersen Dam is less than 295.7m AHD;\n9 months after the start of the water year.\n(sch.9-sec.16-ssec.1) The ROL holder may supply under a water allocation in the Barker Barambah Water Supply Scheme, and the water allocation holder may take, in a water year, the volume of water calculated under subsection (2) .\n(sch.9-sec.16-ssec.2) The volume of water is calculated by— multiplying the nominal volume for the water allocation by the announced allocation percentage for the priority group to which the water allocation belongs; and adding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 15 ; and subtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 15 .\n(sch.9-sec.16-ssec.3) Also, the ROL holder may supply under the water allocation, and the water allocation holder may take, in the carry over period in the water year, the volume of water, if any, that the water allocation holder carried over to the current water year under section 14 .\n(sch.9-sec.16-ssec.4) However, if the water allocation holder does not take, during the carry over period in the water year, the full volume of the water mentioned in subsection (3) , the water allocation holder may not take any further volume of that water after the carry over period ends.\n(sch.9-sec.16-ssec.5) In this section— carry over period , for a water year, means the period in the water year— starting at the start of the water year; and ending on the earliest of the following— when Bjelke-Petersen Dam overflows; when the current storage level in Bjelke-Petersen Dam is less than 295.7m AHD; 9 months after the start of the water year.\n- (a) multiplying the nominal volume for the water allocation by the announced allocation percentage for the priority group to which the water allocation belongs; and\n- (b) adding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 15 ; and\n- (c) subtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 15 .\n- (a) starting at the start of the water year; and\n- (b) ending on the earliest of the following— (i) when Bjelke-Petersen Dam overflows; (ii) when the current storage level in Bjelke-Petersen Dam is less than 295.7m AHD; (iii) 9 months after the start of the water year.\n- (i) when Bjelke-Petersen Dam overflows;\n- (ii) when the current storage level in Bjelke-Petersen Dam is less than 295.7m AHD;\n- (iii) 9 months after the start of the water year.\n- (i) when Bjelke-Petersen Dam overflows;\n- (ii) when the current storage level in Bjelke-Petersen Dam is less than 295.7m AHD;\n- (iii) 9 months after the start of the water year.","sortOrder":167},{"sectionNumber":"sch.9-pt.3","sectionType":"part","heading":"Bundaberg Water Supply Scheme","content":"# Bundaberg Water Supply Scheme","sortOrder":168},{"sectionNumber":"sch.9-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":169},{"sectionNumber":"sch.9-sec.17","sectionType":"section","heading":"Application of pt 3","content":"### sch.9-sec.17 Application of pt 3\n\nThis part applies to—\nthe holder of the resource operations licence for the Bundaberg Water Supply Scheme (the ROL holder ); and\nall water allocations managed under the resource operations licence.\n- (a) the holder of the resource operations licence for the Bundaberg Water Supply Scheme (the ROL holder ); and\n- (b) all water allocations managed under the resource operations licence.","sortOrder":170},{"sectionNumber":"sch.9-pt.3-div.2","sectionType":"division","heading":"Environmental management rules and infrastructure operating rules","content":"## Environmental management rules and infrastructure operating rules","sortOrder":171},{"sectionNumber":"sch.9-sec.18","sectionType":"section","heading":"Use of watercourses for distribution","content":"### sch.9-sec.18 Use of watercourses for distribution\n\nThe ROL holder may only use the following watercourses for the distribution of water—\nthe part of the Kolan River extending from the Kolan Barrage at AMTD 14.7km upstream to the ponded limits of Fred Haigh Dam at AMTD 116km;\nthe part of the Burnett River extending from the Ben Anderson Barrage at AMTD 25.9km to within the ponded area of Paradise Dam at AMTD 162.8km;\nthe part of Sheepstation Creek extending from the confluence of Sheepstation Creek and the Burnett River at AMTD 0.0km upstream to the Gin Gin Main Channel outlet at AMTD 8.6km;\nthe part of St Agnes Creek extending from the confluence of St Agnes Creek and the Burnett River at AMTD 0.0km upstream to the St Agnes main channel outfall into the St Agnes Creek crossing on Walla Road at AMTD 1.5km;\nthe part of Welcome Creek extending from the Welcome Creek crossing on Gooburrum Road upstream to the Welcome Creek crossing on Tolls Road.\n- (a) the part of the Kolan River extending from the Kolan Barrage at AMTD 14.7km upstream to the ponded limits of Fred Haigh Dam at AMTD 116km;\n- (b) the part of the Burnett River extending from the Ben Anderson Barrage at AMTD 25.9km to within the ponded area of Paradise Dam at AMTD 162.8km;\n- (c) the part of Sheepstation Creek extending from the confluence of Sheepstation Creek and the Burnett River at AMTD 0.0km upstream to the Gin Gin Main Channel outlet at AMTD 8.6km;\n- (d) the part of St Agnes Creek extending from the confluence of St Agnes Creek and the Burnett River at AMTD 0.0km upstream to the St Agnes main channel outfall into the St Agnes Creek crossing on Walla Road at AMTD 1.5km;\n- (e) the part of Welcome Creek extending from the Welcome Creek crossing on Gooburrum Road upstream to the Welcome Creek crossing on Tolls Road.","sortOrder":172},{"sectionNumber":"sch.9-sec.19","sectionType":"section","heading":"Operating levels of storages","content":"### sch.9-sec.19 Operating levels of storages\n\nThe ROL holder may only release water from a storage mentioned in the table, column 1 for the following—\nto maintain a downstream storage at its nominal operating level under subsection (2) ;\nto comply with the environmental management rules in section 21 ;\nto supply water under a water allocation under section 33 ;\nto supply water under a distribution operations licence.\nThe ROL holder must maintain each storage mentioned in the table, column 1, other than Fred Haigh Dam and Paradise Dam, at or above the level (the nominal operating level ) stated in the table, column 3 for the period stated in the table, column 4, opposite the storage.\nHowever, the ROL holder may maintain the storage at a level below the nominal operating level for the storage for not more than 7 days a month.\nDespite subsections (1) and (2) , the ROL holder must not, unless authorised by the chief executive, release water from a storage mentioned in the table, column 1 if the current storage level for the storage is at or below the level (the minimum operating level ) stated in the table, column 2 for the storage.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nStorage\nMinimum operating level (m AHD)\nNominal operating level (m AHD)\nPeriod\nFred Haigh Dam\n42.63\nn/a\nn/a\nBucca Weir\n8.95\n14\nSeptember to March\n12.2\nApril to August\nKolan Barrage\n0.94\n2\nall year\nParadise Dam\n42\nn/a\nn/a\nNed Churchward Weir\n10.8\n13.5\nall year\nBen Anderson Barrage\n0\n3\nMay to July\n2.2\nAugust to April\n(sch.9-sec.19-ssec.1) The ROL holder may only release water from a storage mentioned in the table, column 1 for the following— to maintain a downstream storage at its nominal operating level under subsection (2) ; to comply with the environmental management rules in section 21 ; to supply water under a water allocation under section 33 ; to supply water under a distribution operations licence.\n(sch.9-sec.19-ssec.2) The ROL holder must maintain each storage mentioned in the table, column 1, other than Fred Haigh Dam and Paradise Dam, at or above the level (the nominal operating level ) stated in the table, column 3 for the period stated in the table, column 4, opposite the storage.\n(sch.9-sec.19-ssec.3) However, the ROL holder may maintain the storage at a level below the nominal operating level for the storage for not more than 7 days a month.\n(sch.9-sec.19-ssec.4) Despite subsections (1) and (2) , the ROL holder must not, unless authorised by the chief executive, release water from a storage mentioned in the table, column 1 if the current storage level for the storage is at or below the level (the minimum operating level ) stated in the table, column 2 for the storage. Column 1 Column 2 Column 3 Column 4 Storage Minimum operating level (m AHD) Nominal operating level (m AHD) Period Fred Haigh Dam 42.63 n/a n/a Bucca Weir 8.95 14 September to March 12.2 April to August Kolan Barrage 0.94 2 all year Paradise Dam 42 n/a n/a Ned Churchward Weir 10.8 13.5 all year Ben Anderson Barrage 0 3 May to July 2.2 August to April\n- (a) to maintain a downstream storage at its nominal operating level under subsection (2) ;\n- (b) to comply with the environmental management rules in section 21 ;\n- (c) to supply water under a water allocation under section 33 ;\n- (d) to supply water under a distribution operations licence.","sortOrder":173},{"sectionNumber":"sch.9-sec.20","sectionType":"section","heading":"Change in rate of release","content":"### sch.9-sec.20 Change in rate of release\n\nThe ROL holder must prepare and maintain operating procedures for Fred Haigh Dam, Bucca Weir, Paradise Dam and Ned Churchward Weir.\nThe operating procedures must ensure that any increase or decrease in the rate of release of water from the storages occurs incrementally so as to minimise the occurrence of adverse environmental impacts.\nThe occurrence of fish stranding and bank slumping can be reduced by ensuring smooth and gradual changes to the rate of release of water from a storage.\n(sch.9-sec.20-ssec.1) The ROL holder must prepare and maintain operating procedures for Fred Haigh Dam, Bucca Weir, Paradise Dam and Ned Churchward Weir.\n(sch.9-sec.20-ssec.2) The operating procedures must ensure that any increase or decrease in the rate of release of water from the storages occurs incrementally so as to minimise the occurrence of adverse environmental impacts. The occurrence of fish stranding and bank slumping can be reduced by ensuring smooth and gradual changes to the rate of release of water from a storage.","sortOrder":174},{"sectionNumber":"sch.9-sec.21","sectionType":"section","heading":"Environmental management rules","content":"### sch.9-sec.21 Environmental management rules\n\nThe ROL holder must, in any 7 day period, release a minimum of 35ML from Bucca Weir.\nHowever, subsection (1) does not apply if the current storage level in Kolan Barrage is more than 2.32m AHD.\nFor each day from 1 September to 31 December, the ROL holder must release—\nfrom Paradise Dam—the lesser of the daily inflow of water to Paradise Dam and 14,000ML; and\nfrom Ned Churchward Weir—the lesser of the natural daily inflow to Ned Churchward Weir and 200ML.\nHowever—\nsubsection (3) (a) does not apply if the current storage level in Paradise Dam is 63.45m AHD or less; and\nsubsection (3) (b) does not apply if—\nthe natural daily inflow to Ned Churchward Weir is less than 85ML; or\nthe current storage level for Ned Churchward Weir is less than the nominal operating level for the storage.\nIn this section—\nnatural daily inflow , in relation to Ned Churchward Weir, means the daily inflow of water to the storage, including water from a release of water under subsection (3) (a) , but does not include other water from a release of water upstream from the storage.\nnominal operating level see section 19 (2) .\n(sch.9-sec.21-ssec.1) The ROL holder must, in any 7 day period, release a minimum of 35ML from Bucca Weir.\n(sch.9-sec.21-ssec.2) However, subsection (1) does not apply if the current storage level in Kolan Barrage is more than 2.32m AHD.\n(sch.9-sec.21-ssec.3) For each day from 1 September to 31 December, the ROL holder must release— from Paradise Dam—the lesser of the daily inflow of water to Paradise Dam and 14,000ML; and from Ned Churchward Weir—the lesser of the natural daily inflow to Ned Churchward Weir and 200ML.\n(sch.9-sec.21-ssec.4) However— subsection (3) (a) does not apply if the current storage level in Paradise Dam is 63.45m AHD or less; and subsection (3) (b) does not apply if— the natural daily inflow to Ned Churchward Weir is less than 85ML; or the current storage level for Ned Churchward Weir is less than the nominal operating level for the storage.\n(sch.9-sec.21-ssec.5) In this section— natural daily inflow , in relation to Ned Churchward Weir, means the daily inflow of water to the storage, including water from a release of water under subsection (3) (a) , but does not include other water from a release of water upstream from the storage. nominal operating level see section 19 (2) .\n- (a) from Paradise Dam—the lesser of the daily inflow of water to Paradise Dam and 14,000ML; and\n- (b) from Ned Churchward Weir—the lesser of the natural daily inflow to Ned Churchward Weir and 200ML.\n- (a) subsection (3) (a) does not apply if the current storage level in Paradise Dam is 63.45m AHD or less; and\n- (b) subsection (3) (b) does not apply if— (i) the natural daily inflow to Ned Churchward Weir is less than 85ML; or (ii) the current storage level for Ned Churchward Weir is less than the nominal operating level for the storage.\n- (i) the natural daily inflow to Ned Churchward Weir is less than 85ML; or\n- (ii) the current storage level for Ned Churchward Weir is less than the nominal operating level for the storage.\n- (i) the natural daily inflow to Ned Churchward Weir is less than 85ML; or\n- (ii) the current storage level for Ned Churchward Weir is less than the nominal operating level for the storage.","sortOrder":175},{"sectionNumber":"sch.9-sec.22","sectionType":"section","heading":"Quality of water released","content":"### sch.9-sec.22 Quality of water released\n\nIf the ROL holder is releasing water from water infrastructure that incorporates multilevel inlets, the ROL holder must draw water from the inlet that optimises the quality of the water released.","sortOrder":176},{"sectionNumber":"sch.9-pt.3-div.3","sectionType":"division","heading":"Water sharing rules","content":"## Water sharing rules","sortOrder":177},{"sectionNumber":"sch.9-sec.23","sectionType":"section","heading":"Application of div 3","content":"### sch.9-sec.23 Application of div 3\n\nThis division applies to the Burnett River subscheme and the Kolan River subscheme (each a relevant subscheme ).","sortOrder":178},{"sectionNumber":"sch.9-sec.24","sectionType":"section","heading":"Definitions for div 3","content":"### sch.9-sec.24 Definitions for div 3\n\nIn this division—\nBurnett HP water allocations means water allocations in the high priority group under which water may be taken from the Burnett River subscheme.\nBurnett MP water allocations means water allocations in the medium priority group under which water may be taken from the Burnett River subscheme.\nKolan HP water allocations means water allocations in the high priority group under which water may be taken from the Kolan River subscheme.\nKolan MP water allocations means water allocations in the medium priority group under which water may be taken from the Kolan River subscheme.","sortOrder":179},{"sectionNumber":"sch.9-sec.25","sectionType":"section","heading":"Bulk capacity shares for Fred Haigh Dam","content":"### sch.9-sec.25 Bulk capacity shares for Fred Haigh Dam\n\nThe ROL holder must establish 2 bulk capacity shares for Fred Haigh Dam as follows—\nthe Burnett bulk capacity share with a total volume of 15% of the full supply volume of Fred Haigh Dam;\nthe Kolan bulk capacity share with a total volume of 85% of the full supply volume of Fred Haigh Dam.\nThe volume of water stored for a bulk capacity share—\nmust be worked out under this section and recorded daily by the ROL holder; and\nmust not be less than zero.\nThe volume of water stored for the bulk capacity shares must total the current storage volume for Fred Haigh Dam.\nIn working out the volume of water stored for each bulk capacity share, the ROL holder must adjust the recorded volume for the bulk capacity share by—\ncrediting the inflows to Fred Haigh Dam in proportion to the bulk capacity share’s percentage of the full supply volume of Fred Haigh Dam; and\ndebiting the volume of water released from Fred Haigh Dam for supplying water allocations—\nif the location from which water may be taken under the water allocations is in the Kolan River subscheme—from the Kolan bulk capacity share; or\nif the location from which water may be taken under the water allocations is in the Burnett River subscheme—from the Burnett bulk capacity share; and\naccounting for other changes in the current storage volume for Fred Haigh Dam in proportion to the recorded volume for the bulk capacity share.\nHowever, if the adjustments made under subsection (4) would result in the volume of water stored for a bulk capacity share (the relevant bulk capacity share ) being greater than the relevant bulk capacity share’s total volume—\nthe recorded volume for the relevant bulk capacity share is equal to the relevant bulk capacity share’s total volume; and\nthe difference between the following volumes must be credited to the other bulk capacity share—\nthe recorded volume for the relevant bulk capacity share as calculated under paragraph (a) ;\nwhat would, apart from paragraph (a) , have been the recorded volume for the relevant bulk capacity share.\nAlso, if Fred Haigh Dam is at or above its full supply volume, the recorded volume stored for each bulk capacity share is equal to the bulk capacity share’s total volume.\nIn this section—\nrecorded volume , for a bulk capacity share, means—\nif the ROL holder is working out the volume of water stored for the bulk capacity share on the commencement—\nfor the Burnett bulk capacity share—15% of the current storage volume for Fred Haigh Dam; or\nfor the Kolan bulk capacity share—85% of the current storage volume for Fred Haigh Dam; or\notherwise—the volume recorded for the bulk capacity share under subsection (2) on the day immediately before the day the ROL holder is working out the volume of water stored for the bulk capacity share.\n(sch.9-sec.25-ssec.1) The ROL holder must establish 2 bulk capacity shares for Fred Haigh Dam as follows— the Burnett bulk capacity share with a total volume of 15% of the full supply volume of Fred Haigh Dam; the Kolan bulk capacity share with a total volume of 85% of the full supply volume of Fred Haigh Dam.\n(sch.9-sec.25-ssec.2) The volume of water stored for a bulk capacity share— must be worked out under this section and recorded daily by the ROL holder; and must not be less than zero.\n(sch.9-sec.25-ssec.3) The volume of water stored for the bulk capacity shares must total the current storage volume for Fred Haigh Dam.\n(sch.9-sec.25-ssec.4) In working out the volume of water stored for each bulk capacity share, the ROL holder must adjust the recorded volume for the bulk capacity share by— crediting the inflows to Fred Haigh Dam in proportion to the bulk capacity share’s percentage of the full supply volume of Fred Haigh Dam; and debiting the volume of water released from Fred Haigh Dam for supplying water allocations— if the location from which water may be taken under the water allocations is in the Kolan River subscheme—from the Kolan bulk capacity share; or if the location from which water may be taken under the water allocations is in the Burnett River subscheme—from the Burnett bulk capacity share; and accounting for other changes in the current storage volume for Fred Haigh Dam in proportion to the recorded volume for the bulk capacity share.\n(sch.9-sec.25-ssec.5) However, if the adjustments made under subsection (4) would result in the volume of water stored for a bulk capacity share (the relevant bulk capacity share ) being greater than the relevant bulk capacity share’s total volume— the recorded volume for the relevant bulk capacity share is equal to the relevant bulk capacity share’s total volume; and the difference between the following volumes must be credited to the other bulk capacity share— the recorded volume for the relevant bulk capacity share as calculated under paragraph (a) ; what would, apart from paragraph (a) , have been the recorded volume for the relevant bulk capacity share.\n(sch.9-sec.25-ssec.6) Also, if Fred Haigh Dam is at or above its full supply volume, the recorded volume stored for each bulk capacity share is equal to the bulk capacity share’s total volume.\n(sch.9-sec.25-ssec.7) In this section— recorded volume , for a bulk capacity share, means— if the ROL holder is working out the volume of water stored for the bulk capacity share on the commencement— for the Burnett bulk capacity share—15% of the current storage volume for Fred Haigh Dam; or for the Kolan bulk capacity share—85% of the current storage volume for Fred Haigh Dam; or otherwise—the volume recorded for the bulk capacity share under subsection (2) on the day immediately before the day the ROL holder is working out the volume of water stored for the bulk capacity share.\n- (a) the Burnett bulk capacity share with a total volume of 15% of the full supply volume of Fred Haigh Dam;\n- (b) the Kolan bulk capacity share with a total volume of 85% of the full supply volume of Fred Haigh Dam.\n- (a) must be worked out under this section and recorded daily by the ROL holder; and\n- (b) must not be less than zero.\n- (a) crediting the inflows to Fred Haigh Dam in proportion to the bulk capacity share’s percentage of the full supply volume of Fred Haigh Dam; and\n- (b) debiting the volume of water released from Fred Haigh Dam for supplying water allocations— (i) if the location from which water may be taken under the water allocations is in the Kolan River subscheme—from the Kolan bulk capacity share; or (ii) if the location from which water may be taken under the water allocations is in the Burnett River subscheme—from the Burnett bulk capacity share; and\n- (i) if the location from which water may be taken under the water allocations is in the Kolan River subscheme—from the Kolan bulk capacity share; or\n- (ii) if the location from which water may be taken under the water allocations is in the Burnett River subscheme—from the Burnett bulk capacity share; and\n- (c) accounting for other changes in the current storage volume for Fred Haigh Dam in proportion to the recorded volume for the bulk capacity share.\n- (i) if the location from which water may be taken under the water allocations is in the Kolan River subscheme—from the Kolan bulk capacity share; or\n- (ii) if the location from which water may be taken under the water allocations is in the Burnett River subscheme—from the Burnett bulk capacity share; and\n- (a) the recorded volume for the relevant bulk capacity share is equal to the relevant bulk capacity share’s total volume; and\n- (b) the difference between the following volumes must be credited to the other bulk capacity share— (i) the recorded volume for the relevant bulk capacity share as calculated under paragraph (a) ; (ii) what would, apart from paragraph (a) , have been the recorded volume for the relevant bulk capacity share.\n- (i) the recorded volume for the relevant bulk capacity share as calculated under paragraph (a) ;\n- (ii) what would, apart from paragraph (a) , have been the recorded volume for the relevant bulk capacity share.\n- (i) the recorded volume for the relevant bulk capacity share as calculated under paragraph (a) ;\n- (ii) what would, apart from paragraph (a) , have been the recorded volume for the relevant bulk capacity share.\n- (a) if the ROL holder is working out the volume of water stored for the bulk capacity share on the commencement— (i) for the Burnett bulk capacity share—15% of the current storage volume for Fred Haigh Dam; or (ii) for the Kolan bulk capacity share—85% of the current storage volume for Fred Haigh Dam; or\n- (i) for the Burnett bulk capacity share—15% of the current storage volume for Fred Haigh Dam; or\n- (ii) for the Kolan bulk capacity share—85% of the current storage volume for Fred Haigh Dam; or\n- (b) otherwise—the volume recorded for the bulk capacity share under subsection (2) on the day immediately before the day the ROL holder is working out the volume of water stored for the bulk capacity share.\n- (i) for the Burnett bulk capacity share—15% of the current storage volume for Fred Haigh Dam; or\n- (ii) for the Kolan bulk capacity share—85% of the current storage volume for Fred Haigh Dam; or","sortOrder":180},{"sectionNumber":"sch.9-sec.26","sectionType":"section","heading":"Announced allocation percentage—initial percentage","content":"### sch.9-sec.26 Announced allocation percentage—initial percentage\n\nThe ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for the high priority water allocations and the medium priority water allocations in each relevant subscheme under section 29 or 30 .\nThe announced allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme is the provisional allocation percentage calculated for the water allocations under section 29 or 30 .\nHowever, if the provisional allocation percentage calculated for the high priority water allocations or the medium priority water allocations in a relevant subscheme under section 29 or 30 is less than zero, the announced allocation percentage for the water allocations is zero.\nThe announced allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme—\ntakes effect on the first day of the water year; and\nsubject to section 27 , has effect as the announced allocation percentage for the water allocations for the water year.\n(sch.9-sec.26-ssec.1) The ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for the high priority water allocations and the medium priority water allocations in each relevant subscheme under section 29 or 30 .\n(sch.9-sec.26-ssec.2) The announced allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme is the provisional allocation percentage calculated for the water allocations under section 29 or 30 .\n(sch.9-sec.26-ssec.3) However, if the provisional allocation percentage calculated for the high priority water allocations or the medium priority water allocations in a relevant subscheme under section 29 or 30 is less than zero, the announced allocation percentage for the water allocations is zero.\n(sch.9-sec.26-ssec.4) The announced allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme— takes effect on the first day of the water year; and subject to section 27 , has effect as the announced allocation percentage for the water allocations for the water year.\n- (a) takes effect on the first day of the water year; and\n- (b) subject to section 27 , has effect as the announced allocation percentage for the water allocations for the water year.","sortOrder":181},{"sectionNumber":"sch.9-sec.27","sectionType":"section","heading":"Announced allocation percentage—further calculations","content":"### sch.9-sec.27 Announced allocation percentage—further calculations\n\nThe ROL holder must calculate a provisional allocation percentage for the high priority water allocations and the medium priority water allocations in each relevant subscheme under section 29 or 30 —\nwithin 5 business days after the start of each quarter of the water year, other than the first quarter; and\nwithin 10 business days after a major inflow for the Bundaberg Water Supply Scheme.\nAlso, the ROL holder may, at any time during the water year, calculate a provisional allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme under section 29 or 30 .\nIf the provisional allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the water allocations, the provisional allocation percentage—\ntakes effect as the announced allocation percentage for the water allocations on the day on which the calculation is made; and\nhas effect as the announced allocation percentage for the water allocations for the water year unless a greater announced allocation percentage for the water allocations takes effect under this section.\n(sch.9-sec.27-ssec.1) The ROL holder must calculate a provisional allocation percentage for the high priority water allocations and the medium priority water allocations in each relevant subscheme under section 29 or 30 — within 5 business days after the start of each quarter of the water year, other than the first quarter; and within 10 business days after a major inflow for the Bundaberg Water Supply Scheme.\n(sch.9-sec.27-ssec.2) Also, the ROL holder may, at any time during the water year, calculate a provisional allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme under section 29 or 30 .\n(sch.9-sec.27-ssec.3) If the provisional allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the water allocations, the provisional allocation percentage— takes effect as the announced allocation percentage for the water allocations on the day on which the calculation is made; and has effect as the announced allocation percentage for the water allocations for the water year unless a greater announced allocation percentage for the water allocations takes effect under this section.\n- (a) within 5 business days after the start of each quarter of the water year, other than the first quarter; and\n- (b) within 10 business days after a major inflow for the Bundaberg Water Supply Scheme.\n- (a) takes effect as the announced allocation percentage for the water allocations on the day on which the calculation is made; and\n- (b) has effect as the announced allocation percentage for the water allocations for the water year unless a greater announced allocation percentage for the water allocations takes effect under this section.","sortOrder":182},{"sectionNumber":"sch.9-sec.28","sectionType":"section","heading":"Publication of announced allocation percentage","content":"### sch.9-sec.28 Publication of announced allocation percentage\n\nThe ROL holder must, within the required time after an announced allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme takes effect under section 26 or 27 , publish details of the announced allocation percentage for the water allocations on the ROL holder’s website.\nDetails for the water supply scheme are on the ROL holder’s website.\nIn this section—\nrequired time means—\nfor an announced allocation percentage that takes effect for water allocations under section 26 —5 business days; or\nfor an announced allocation percentage that takes effect for water allocations under section 27 —2 business days.\n(sch.9-sec.28-ssec.1) The ROL holder must, within the required time after an announced allocation percentage for the high priority water allocations or the medium priority water allocations in a relevant subscheme takes effect under section 26 or 27 , publish details of the announced allocation percentage for the water allocations on the ROL holder’s website. Details for the water supply scheme are on the ROL holder’s website.\n(sch.9-sec.28-ssec.2) In this section— required time means— for an announced allocation percentage that takes effect for water allocations under section 26 —5 business days; or for an announced allocation percentage that takes effect for water allocations under section 27 —2 business days.\n- (a) for an announced allocation percentage that takes effect for water allocations under section 26 —5 business days; or\n- (b) for an announced allocation percentage that takes effect for water allocations under section 27 —2 business days.","sortOrder":183},{"sectionNumber":"sch.9-sec.29","sectionType":"section","heading":"Calculating provisional allocation percentage for high priority water allocations— ss 26 and 27","content":"### sch.9-sec.29 Calculating provisional allocation percentage for high priority water allocations— ss 26 and 27\n\nThe provisional allocation percentage for the Burnett HP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share.\nDIVH means the total volume of water taken under all Burnett HP water allocations since the start of the water year in which the provisional allocation percentage is calculated.\nHPTOL means the figure stated in part 5 , table 3, column 2 for the Burnett River subscheme for the month in which the provisional allocation percentage is calculated.\nVIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Burnett River subscheme.\nHPA means the total of the nominal volumes for the Burnett HP water allocations.\nThe provisional allocation percentage for the Kolan HP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the total of the usable volumes for Bucca Weir and Kolan Barrage and the usable volume for the Kolan bulk capacity share.\nDIVH means the total volume of water taken under all Kolan HP water allocations since the start of the water year in which the provisional allocation percentage is calculated.\nHPTOL means the figure stated in part 5 , table 3, column 2 for the Kolan River subscheme for the month in which the provisional allocation percentage is calculated.\nVIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Kolan River subscheme.\nHPA means the total of the nominal volumes for the Kolan HP water allocations.\n(sch.9-sec.29-ssec.1) The provisional allocation percentage for the Burnett HP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share. DIVH means the total volume of water taken under all Burnett HP water allocations since the start of the water year in which the provisional allocation percentage is calculated. HPTOL means the figure stated in part 5 , table 3, column 2 for the Burnett River subscheme for the month in which the provisional allocation percentage is calculated. VIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Burnett River subscheme. HPA means the total of the nominal volumes for the Burnett HP water allocations.\n(sch.9-sec.29-ssec.2) The provisional allocation percentage for the Kolan HP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the total of the usable volumes for Bucca Weir and Kolan Barrage and the usable volume for the Kolan bulk capacity share. DIVH means the total volume of water taken under all Kolan HP water allocations since the start of the water year in which the provisional allocation percentage is calculated. HPTOL means the figure stated in part 5 , table 3, column 2 for the Kolan River subscheme for the month in which the provisional allocation percentage is calculated. VIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Kolan River subscheme. HPA means the total of the nominal volumes for the Kolan HP water allocations.","sortOrder":184},{"sectionNumber":"sch.9-sec.30","sectionType":"section","heading":"Calculating provisional allocation percentage for medium priority water allocations— ss 26 and 27","content":"### sch.9-sec.30 Calculating provisional allocation percentage for medium priority water allocations— ss 26 and 27\n\nThe provisional allocation percentage for the Burnett MP water allocations is—\nif the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share is greater than 340,000ML—100%; or\notherwise—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share.\nHPA means the total of the nominal volumes for the Burnett HP water allocations.\nRE means the reserve for the Burnett River subscheme for the month.\nDIV means the diversion for the Burnett River subscheme for the water year.\nTOL means the transmission and operational losses for the Burnett River subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Burnett River subscheme.\nMPA means the total of the nominal volumes for the Burnett MP water allocations.\nThe provisional allocation percentage for the Kolan MP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the total of the usable volumes for Bucca Weir and Kolan Barrage and the usable volume for the Kolan bulk capacity share.\nHPA means the total of the nominal volumes for the Kolan HP water allocations.\nRE means the reserve for the Kolan River subscheme for the month.\nDIV means the diversion for the Kolan River subscheme for the water year.\nTOL means the transmission and operational losses for the Kolan River subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Kolan River subscheme.\nMPA means the total of the nominal volumes of the Kolan MP water allocations.\n(sch.9-sec.30-ssec.1) The provisional allocation percentage for the Burnett MP water allocations is— if the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share is greater than 340,000ML—100%; or otherwise—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share. HPA means the total of the nominal volumes for the Burnett HP water allocations. RE means the reserve for the Burnett River subscheme for the month. DIV means the diversion for the Burnett River subscheme for the water year. TOL means the transmission and operational losses for the Burnett River subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Burnett River subscheme. MPA means the total of the nominal volumes for the Burnett MP water allocations.\n(sch.9-sec.30-ssec.2) The provisional allocation percentage for the Kolan MP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the total of the usable volumes for Bucca Weir and Kolan Barrage and the usable volume for the Kolan bulk capacity share. HPA means the total of the nominal volumes for the Kolan HP water allocations. RE means the reserve for the Kolan River subscheme for the month. DIV means the diversion for the Kolan River subscheme for the water year. TOL means the transmission and operational losses for the Kolan River subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Kolan River subscheme. MPA means the total of the nominal volumes of the Kolan MP water allocations.\n- (a) if the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share is greater than 340,000ML—100%; or\n- (b) otherwise—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the total of the usable volumes for Paradise Dam, Ned Churchward Weir and Ben Anderson Barrage and the usable volume for the Burnett bulk capacity share. HPA means the total of the nominal volumes for the Burnett HP water allocations. RE means the reserve for the Burnett River subscheme for the month. DIV means the diversion for the Burnett River subscheme for the water year. TOL means the transmission and operational losses for the Burnett River subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 31 , and the total volume of water brought forward to the current water year under section 32 , by holders of water allocations under which water may be taken from the Burnett River subscheme. MPA means the total of the nominal volumes for the Burnett MP water allocations.","sortOrder":185},{"sectionNumber":"sch.9-sec.31","sectionType":"section","heading":"Carry over","content":"### sch.9-sec.31 Carry over\n\nThe ROL holder may allow the holder of a medium priority water allocation in a relevant subscheme to carry over unused water from 1 water year to the next water year.\nHowever, the total volume of water the ROL holder may allow the holders of medium priority water allocations in a relevant subscheme to carry over is the lesser of the following—\n2% of the total of the nominal volumes for all medium priority water allocations in the relevant subscheme;\nthe total volume of the unused water for all medium priority water allocations in the relevant subscheme.\n(sch.9-sec.31-ssec.1) The ROL holder may allow the holder of a medium priority water allocation in a relevant subscheme to carry over unused water from 1 water year to the next water year.\n(sch.9-sec.31-ssec.2) However, the total volume of water the ROL holder may allow the holders of medium priority water allocations in a relevant subscheme to carry over is the lesser of the following— 2% of the total of the nominal volumes for all medium priority water allocations in the relevant subscheme; the total volume of the unused water for all medium priority water allocations in the relevant subscheme.\n- (a) 2% of the total of the nominal volumes for all medium priority water allocations in the relevant subscheme;\n- (b) the total volume of the unused water for all medium priority water allocations in the relevant subscheme.","sortOrder":186},{"sectionNumber":"sch.9-sec.32","sectionType":"section","heading":"Forward draw","content":"### sch.9-sec.32 Forward draw\n\nThe ROL holder may allow the holder of a high priority water allocation or a medium priority water allocation in a relevant subscheme to bring forward to the current water year any water that may be taken under the water allocation in the next water year.\nHowever, the total volume of water the ROL holder may allow holders of water allocations to bring forward must not exceed—\nfor the holders of high priority water allocations in a relevant subscheme—1% of the total of the nominal volumes for all high priority water allocations in the relevant subscheme; or\nfor the holders of medium priority water allocations in a relevant subscheme—1% of the total of the nominal volumes for all medium priority water allocations in the relevant subscheme.\n(sch.9-sec.32-ssec.1) The ROL holder may allow the holder of a high priority water allocation or a medium priority water allocation in a relevant subscheme to bring forward to the current water year any water that may be taken under the water allocation in the next water year.\n(sch.9-sec.32-ssec.2) However, the total volume of water the ROL holder may allow holders of water allocations to bring forward must not exceed— for the holders of high priority water allocations in a relevant subscheme—1% of the total of the nominal volumes for all high priority water allocations in the relevant subscheme; or for the holders of medium priority water allocations in a relevant subscheme—1% of the total of the nominal volumes for all medium priority water allocations in the relevant subscheme.\n- (a) for the holders of high priority water allocations in a relevant subscheme—1% of the total of the nominal volumes for all high priority water allocations in the relevant subscheme; or\n- (b) for the holders of medium priority water allocations in a relevant subscheme—1% of the total of the nominal volumes for all medium priority water allocations in the relevant subscheme.","sortOrder":187},{"sectionNumber":"sch.9-sec.33","sectionType":"section","heading":"Supplying and taking water under a water allocation","content":"### sch.9-sec.33 Supplying and taking water under a water allocation\n\nThe ROL holder may supply under a water allocation in a relevant subscheme, and the water allocation holder may take, in a water year, the volume of water calculated under subsection (2) .\nThe volume of water is calculated by—\nmultiplying the nominal volume for the water allocation by—\nfor a high priority water allocation in a relevant subscheme—the announced allocation percentage for the high priority water allocations in the subscheme to which the water allocation belongs; or\nfor a medium priority water allocation in a relevant subscheme—the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; and\nadding the volume of water, if any, that the water allocation holder carried over to the current water year under section 31 ; and\nadding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 32 ; and\nsubtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 32 .\n(sch.9-sec.33-ssec.1) The ROL holder may supply under a water allocation in a relevant subscheme, and the water allocation holder may take, in a water year, the volume of water calculated under subsection (2) .\n(sch.9-sec.33-ssec.2) The volume of water is calculated by— multiplying the nominal volume for the water allocation by— for a high priority water allocation in a relevant subscheme—the announced allocation percentage for the high priority water allocations in the subscheme to which the water allocation belongs; or for a medium priority water allocation in a relevant subscheme—the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; and adding the volume of water, if any, that the water allocation holder carried over to the current water year under section 31 ; and adding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 32 ; and subtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 32 .\n- (a) multiplying the nominal volume for the water allocation by— (i) for a high priority water allocation in a relevant subscheme—the announced allocation percentage for the high priority water allocations in the subscheme to which the water allocation belongs; or (ii) for a medium priority water allocation in a relevant subscheme—the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; and\n- (i) for a high priority water allocation in a relevant subscheme—the announced allocation percentage for the high priority water allocations in the subscheme to which the water allocation belongs; or\n- (ii) for a medium priority water allocation in a relevant subscheme—the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; and\n- (b) adding the volume of water, if any, that the water allocation holder carried over to the current water year under section 31 ; and\n- (c) adding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 32 ; and\n- (d) subtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 32 .\n- (i) for a high priority water allocation in a relevant subscheme—the announced allocation percentage for the high priority water allocations in the subscheme to which the water allocation belongs; or\n- (ii) for a medium priority water allocation in a relevant subscheme—the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; and","sortOrder":188},{"sectionNumber":"sch.9-pt.4","sectionType":"part","heading":"Upper Burnett Water Supply Scheme","content":"# Upper Burnett Water Supply Scheme","sortOrder":189},{"sectionNumber":"sch.9-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":190},{"sectionNumber":"sch.9-sec.34","sectionType":"section","heading":"Application of pt 4","content":"### sch.9-sec.34 Application of pt 4\n\nThis part applies to—\nthe holder of the resource operations licence for the Upper Burnett Water Supply Scheme (the ROL holder ); and\nall water allocations managed under the resource operations licence.\n- (a) the holder of the resource operations licence for the Upper Burnett Water Supply Scheme (the ROL holder ); and\n- (b) all water allocations managed under the resource operations licence.","sortOrder":191},{"sectionNumber":"sch.9-pt.4-div.2","sectionType":"division","heading":"Environmental management rules and infrastructure operating rules","content":"## Environmental management rules and infrastructure operating rules","sortOrder":192},{"sectionNumber":"sch.9-sec.35","sectionType":"section","heading":"Use of watercourses for distribution","content":"### sch.9-sec.35 Use of watercourses for distribution\n\nThe ROL holder may only use the following watercourses for the distribution of water—\nthe part of the Burnett River extending from within the ponded area of Paradise Dam at AMTD 162.8km upstream to the ponded limits of John Goleby Weir at AMTD 333.9km;\nthe part of the Nogo River extending from the confluence of the Nogo River and the Burnett River at AMTD 0km upstream to the ponded limits of Wuruma Dam at AMTD 44.5km;\nthe part of the Auburn River extending from the confluence of the Auburn River and the Burnett River at AMTD 0km upstream to AMTD 6km.\n- (a) the part of the Burnett River extending from within the ponded area of Paradise Dam at AMTD 162.8km upstream to the ponded limits of John Goleby Weir at AMTD 333.9km;\n- (b) the part of the Nogo River extending from the confluence of the Nogo River and the Burnett River at AMTD 0km upstream to the ponded limits of Wuruma Dam at AMTD 44.5km;\n- (c) the part of the Auburn River extending from the confluence of the Auburn River and the Burnett River at AMTD 0km upstream to AMTD 6km.","sortOrder":193},{"sectionNumber":"sch.9-sec.36","sectionType":"section","heading":"Operating levels of storages","content":"### sch.9-sec.36 Operating levels of storages\n\nThe ROL holder may only release water from a storage mentioned in the table, column 1 for the following—\nfor John Goleby Weir—to supply water under a water allocation in the John Goleby subscheme under section 61 ;\nfor another storage—\nto maintain a downstream storage at its nominal operating level under subsection (2) ; or\nto comply with the environmental management rules in section 38 ; or\nto supply water under a water allocation under section 53 .\nThe ROL holder must maintain each storage mentioned in the table, column 1, other than Wuruma Dam and John Goleby Weir, at or above the level (the nominal operating level ) stated in the table, column 3 for the period stated in the table, column 4 opposite the storage.\nHowever, the ROL holder may maintain the storage at a level below the nominal operating level for the storage for not more than 7 days a month.\nDespite subsections (1) and (2) , the ROL holder must not, unless authorised by the chief executive, release water from a storage mentioned in the table, column 1 if the current storage level for the storage is at or below the level (the minimum operating level ) stated in the table, column 2 for the storage.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nStorage\nMinimum operating level (m AHD)\nNominal operating level (m AHD)\nPeriod\nWuruma Dam\n200.75\nn/a\nn/a\nKirar Weir\n142.5\n149. 6\nAugust to December\n144.6\nJanuary to July\nJones Weir\n104.45\n108.47\nall year\nClaude Wharton Weir\n86.5\n91.12\nall year\nJohn Goleby Weir\n163\nn/a\nn/a\n(sch.9-sec.36-ssec.1) The ROL holder may only release water from a storage mentioned in the table, column 1 for the following— for John Goleby Weir—to supply water under a water allocation in the John Goleby subscheme under section 61 ; for another storage— to maintain a downstream storage at its nominal operating level under subsection (2) ; or to comply with the environmental management rules in section 38 ; or to supply water under a water allocation under section 53 .\n(sch.9-sec.36-ssec.2) The ROL holder must maintain each storage mentioned in the table, column 1, other than Wuruma Dam and John Goleby Weir, at or above the level (the nominal operating level ) stated in the table, column 3 for the period stated in the table, column 4 opposite the storage.\n(sch.9-sec.36-ssec.3) However, the ROL holder may maintain the storage at a level below the nominal operating level for the storage for not more than 7 days a month.\n(sch.9-sec.36-ssec.4) Despite subsections (1) and (2) , the ROL holder must not, unless authorised by the chief executive, release water from a storage mentioned in the table, column 1 if the current storage level for the storage is at or below the level (the minimum operating level ) stated in the table, column 2 for the storage. Column 1 Column 2 Column 3 Column 4 Storage Minimum operating level (m AHD) Nominal operating level (m AHD) Period Wuruma Dam 200.75 n/a n/a Kirar Weir 142.5 149. 6 August to December 144.6 January to July Jones Weir 104.45 108.47 all year Claude Wharton Weir 86.5 91.12 all year John Goleby Weir 163 n/a n/a\n- (a) for John Goleby Weir—to supply water under a water allocation in the John Goleby subscheme under section 61 ;\n- (b) for another storage— (i) to maintain a downstream storage at its nominal operating level under subsection (2) ; or (ii) to comply with the environmental management rules in section 38 ; or (iii) to supply water under a water allocation under section 53 .\n- (i) to maintain a downstream storage at its nominal operating level under subsection (2) ; or\n- (ii) to comply with the environmental management rules in section 38 ; or\n- (iii) to supply water under a water allocation under section 53 .\n- (i) to maintain a downstream storage at its nominal operating level under subsection (2) ; or\n- (ii) to comply with the environmental management rules in section 38 ; or\n- (iii) to supply water under a water allocation under section 53 .","sortOrder":194},{"sectionNumber":"sch.9-sec.37","sectionType":"section","heading":"Change in rate of release","content":"### sch.9-sec.37 Change in rate of release\n\nThe ROL holder must prepare and maintain operating procedures for Wuruma Dam, Kirar Weir, Jones Weir, Claude Wharton Weir and John Goleby Weir.\nThe operating procedures must ensure that any increase or decrease in the rate of release of water from the storages occurs incrementally so as to minimise the occurrence of adverse environmental impacts.\nThe occurrence of fish stranding and bank slumping can be reduced by ensuring smooth and gradual changes to the rate of release of water from a storage.\n(sch.9-sec.37-ssec.1) The ROL holder must prepare and maintain operating procedures for Wuruma Dam, Kirar Weir, Jones Weir, Claude Wharton Weir and John Goleby Weir.\n(sch.9-sec.37-ssec.2) The operating procedures must ensure that any increase or decrease in the rate of release of water from the storages occurs incrementally so as to minimise the occurrence of adverse environmental impacts. The occurrence of fish stranding and bank slumping can be reduced by ensuring smooth and gradual changes to the rate of release of water from a storage.","sortOrder":195},{"sectionNumber":"sch.9-sec.38","sectionType":"section","heading":"Environmental management rules","content":"### sch.9-sec.38 Environmental management rules\n\nFor each day from 1 September to 31 March, the ROL holder must release from Claude Wharton Weir the lesser of the natural daily inflow to Claude Wharton Weir and 150ML.\nHowever, subsection (1) does not apply if—\nthe natural daily inflow to Claude Wharton Weir is less than 50ML; or\nthe current storage level for Claude Wharton Weir is less than the nominal operating level for the storage.\nIn this section—\nnatural daily inflow , in relation to Claude Wharton Weir, means the daily inflow of water to the storage other than from a release of water upstream from the storage.\nnominal operating level see section 36 (2) .\n(sch.9-sec.38-ssec.1) For each day from 1 September to 31 March, the ROL holder must release from Claude Wharton Weir the lesser of the natural daily inflow to Claude Wharton Weir and 150ML.\n(sch.9-sec.38-ssec.2) However, subsection (1) does not apply if— the natural daily inflow to Claude Wharton Weir is less than 50ML; or the current storage level for Claude Wharton Weir is less than the nominal operating level for the storage.\n(sch.9-sec.38-ssec.3) In this section— natural daily inflow , in relation to Claude Wharton Weir, means the daily inflow of water to the storage other than from a release of water upstream from the storage. nominal operating level see section 36 (2) .\n- (a) the natural daily inflow to Claude Wharton Weir is less than 50ML; or\n- (b) the current storage level for Claude Wharton Weir is less than the nominal operating level for the storage.","sortOrder":196},{"sectionNumber":"sch.9-sec.39","sectionType":"section","heading":"Quality of water released","content":"### sch.9-sec.39 Quality of water released\n\nIf the ROL holder is releasing water from water infrastructure that incorporates multilevel inlets, the ROL holder must draw water from the inlet that optimises the quality of the water released.","sortOrder":197},{"sectionNumber":"sch.9-pt.4-div.3","sectionType":"division","heading":"Water sharing rules","content":"## Water sharing rules","sortOrder":198},{"sectionNumber":"sch.9-sec.40","sectionType":"section","heading":"Application of sdiv 1","content":"### sch.9-sec.40 Application of sdiv 1\n\nThis subdivision applies to the Jones subscheme, the Kirar subscheme, the Wuruma subscheme and the Claude Wharton subscheme (each a relevant subscheme ).","sortOrder":199},{"sectionNumber":"sch.9-sec.41","sectionType":"section","heading":"Definitions for sdiv 1","content":"### sch.9-sec.41 Definitions for sdiv 1\n\nIn this subdivision—\nClaude Wharton A MP water allocations means water allocations in the medium priority group under which water may be taken from the Claude Wharton A subscheme.\nClaude Wharton B MP water allocations means water allocations in the medium priority group under which water may be taken from the Claude Wharton B subscheme.\nClaude Wharton HP water allocations means water allocations in the high priority group under which water may be taken from the Claude Wharton subscheme.\nClaude Wharton MP water allocations means water allocations in the medium priority group under which water may be taken from the Claude Wharton subscheme.\nJones HP water allocations means water allocations in the high priority group under which water may be taken from the Jones subscheme.\nJones MP water allocations means water allocations in the medium priority group under which water may be taken from the Jones subscheme.\nKirar HP water allocations means water allocations in the high priority group under which water may be taken from the Kirar subscheme.\nKirar MP water allocations means water allocations in the medium priority group under which water may be taken from the Kirar subscheme.\nWuruma HP water allocations means water allocations in the high priority group under which water may be taken from the Wuruma subscheme.\nWuruma MP water allocations means water allocations in the medium priority group under which water may be taken from the Wuruma subscheme.","sortOrder":200},{"sectionNumber":"sch.9-sec.42","sectionType":"section","heading":"Announced allocation percentage—initial percentage","content":"### sch.9-sec.42 Announced allocation percentage—initial percentage\n\nThe ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for the medium priority water allocations in each relevant subscheme under section 45 , 46 , 47 or 48 .\nThe announced allocation percentage for the medium priority water allocations in a relevant subscheme is the provisional allocation percentage calculated for the water allocations in the relevant subscheme under section 45 , 46 , 47 or 48 .\nSee section 52 for when the announced allocation percentage for medium priority water allocations in a relevant subscheme is zero.\nThe announced allocation percentage for the medium priority water allocations in a relevant subscheme—\ntakes effect on the first day of the water year; and\nsubject to section 43 , has effect as the announced allocation percentage for the water allocations for the water year.\n(sch.9-sec.42-ssec.1) The ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for the medium priority water allocations in each relevant subscheme under section 45 , 46 , 47 or 48 .\n(sch.9-sec.42-ssec.2) The announced allocation percentage for the medium priority water allocations in a relevant subscheme is the provisional allocation percentage calculated for the water allocations in the relevant subscheme under section 45 , 46 , 47 or 48 . See section 52 for when the announced allocation percentage for medium priority water allocations in a relevant subscheme is zero.\n(sch.9-sec.42-ssec.3) The announced allocation percentage for the medium priority water allocations in a relevant subscheme— takes effect on the first day of the water year; and subject to section 43 , has effect as the announced allocation percentage for the water allocations for the water year.\n- (a) takes effect on the first day of the water year; and\n- (b) subject to section 43 , has effect as the announced allocation percentage for the water allocations for the water year.","sortOrder":201},{"sectionNumber":"sch.9-sec.43","sectionType":"section","heading":"Announced allocation percentage—further calculations","content":"### sch.9-sec.43 Announced allocation percentage—further calculations\n\nThe ROL holder must calculate a provisional allocation percentage for the medium priority water allocations in each relevant subscheme under section 45 , 46 , 47 or 48 —\nwithin 5 business days after the start of each quarter of a water year, other than the first quarter; and\nwithin 10 business days after a major inflow for the Upper Burnett Water Supply Scheme.\nAlso, the ROL holder may, at any time during the water year, calculate a provisional allocation percentage for the medium priority water allocations in a relevant subscheme under section 45 , 46 , 47 or 48 .\nIf the provisional allocation percentage for the medium priority water allocations in a relevant subscheme calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the water allocations, the provisional allocation percentage—\ntakes effect as the announced allocation percentage for the water allocations on the day on which the calculation is made; and\nhas effect as the announced allocation percentage for the water allocations for the water year unless a greater announced allocation percentage for the water allocations takes effect under this section.\n(sch.9-sec.43-ssec.1) The ROL holder must calculate a provisional allocation percentage for the medium priority water allocations in each relevant subscheme under section 45 , 46 , 47 or 48 — within 5 business days after the start of each quarter of a water year, other than the first quarter; and within 10 business days after a major inflow for the Upper Burnett Water Supply Scheme.\n(sch.9-sec.43-ssec.2) Also, the ROL holder may, at any time during the water year, calculate a provisional allocation percentage for the medium priority water allocations in a relevant subscheme under section 45 , 46 , 47 or 48 .\n(sch.9-sec.43-ssec.3) If the provisional allocation percentage for the medium priority water allocations in a relevant subscheme calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the water allocations, the provisional allocation percentage— takes effect as the announced allocation percentage for the water allocations on the day on which the calculation is made; and has effect as the announced allocation percentage for the water allocations for the water year unless a greater announced allocation percentage for the water allocations takes effect under this section.\n- (a) within 5 business days after the start of each quarter of a water year, other than the first quarter; and\n- (b) within 10 business days after a major inflow for the Upper Burnett Water Supply Scheme.\n- (a) takes effect as the announced allocation percentage for the water allocations on the day on which the calculation is made; and\n- (b) has effect as the announced allocation percentage for the water allocations for the water year unless a greater announced allocation percentage for the water allocations takes effect under this section.","sortOrder":202},{"sectionNumber":"sch.9-sec.44","sectionType":"section","heading":"Publication of announced allocation percentage","content":"### sch.9-sec.44 Publication of announced allocation percentage\n\nThe ROL holder must, within the required time after an announced allocation percentage for the medium priority water allocations in a relevant subscheme takes effect under section 42 or 43 , publish details of the announced allocation percentage for the water allocations on the ROL holder’s website.\nDetails for the water supply scheme are on the ROL holder’s website.\nIn this section—\nrequired time means—\nfor an announced allocation percentage that takes effect for water allocations under section 42 —5 business days; or\nfor an announced allocation percentage that takes effect for water allocations under section 43 —2 business days.\n(sch.9-sec.44-ssec.1) The ROL holder must, within the required time after an announced allocation percentage for the medium priority water allocations in a relevant subscheme takes effect under section 42 or 43 , publish details of the announced allocation percentage for the water allocations on the ROL holder’s website. Details for the water supply scheme are on the ROL holder’s website.\n(sch.9-sec.44-ssec.2) In this section— required time means— for an announced allocation percentage that takes effect for water allocations under section 42 —5 business days; or for an announced allocation percentage that takes effect for water allocations under section 43 —2 business days.\n- (a) for an announced allocation percentage that takes effect for water allocations under section 42 —5 business days; or\n- (b) for an announced allocation percentage that takes effect for water allocations under section 43 —2 business days.","sortOrder":203},{"sectionNumber":"sch.9-sec.45","sectionType":"section","heading":"Calculating provisional allocation percentage for Jones MP water allocations— ss 42 and 43","content":"### sch.9-sec.45 Calculating provisional allocation percentage for Jones MP water allocations— ss 42 and 43\n\nThe provisional allocation percentage for the Jones MP water allocations is the greatest of the following percentages—\nthe percentage calculated using the following formula, rounded up to the nearest whole per cent—\nwhere—\nUV means the total of the usable volumes for Wuruma Dam, Kirar Weir and Jones Weir.\nIN means the total of the inflow allowances for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month.\nHPA means the total of the nominal volumes for the Wuruma HP water allocations, the Kirar HP water allocations and the Jones HP water allocations.\nRE means the total of the reserves for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month.\nDIV means the total of the diversions for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the water year.\nTOL means the total of the transmission and operational losses for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme, the Kirar subscheme and the Jones subscheme.\nTR means the transfer allowance.\nMPA means the total of the nominal volumes for the Wuruma MP water allocations, the Kirar MP water allocations and the Jones MP water allocations;\nthe percentage calculated using the following formula, rounded up to the nearest whole per cent—\nwhere—\nUV means the total of the usable volumes for Kirar Weir and Jones Weir.\nIN means the total of the inflow allowances for the Kirar subscheme and the Jones subscheme for the month.\nHPA means the total of the nominal volumes for the Kirar HP water allocations and the Jones HP water allocations.\nRE means the total of the reserves for the Kirar subscheme and the Jones subscheme for the month.\nDIV means the total of the diversions for the Kirar subscheme and the Jones subscheme for the water year.\nTOL means the total of the transmission and operational losses for the Kirar subscheme and the Jones subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme and the Jones subscheme.\nMPA means the total of the nominal volumes for the Kirar MP water allocations and the Jones MP water allocations;\nthe percentage calculated using the following formula, rounded up to the nearest whole per cent—\nwhere—\nUV means the usable volume for Jones Weir.\nIN means the inflow allowance for the Jones subscheme for the month.\nHPA means the total of the nominal volumes for the Jones HP water allocations.\nRE means the reserve for the Jones subscheme for the month.\nDIV means the diversion for the Jones subscheme for the water year.\nTOL means the transmission and operational losses for the Jones subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Jones subscheme.\nMPA means the total of the nominal volumes for the Jones MP water allocations.\nHowever—\nif the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Jones MP water allocations is 100%; or\nif the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Jones MP water allocations is zero.\n(sch.9-sec.45-ssec.1) The provisional allocation percentage for the Jones MP water allocations is the greatest of the following percentages— the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Wuruma Dam, Kirar Weir and Jones Weir. IN means the total of the inflow allowances for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations, the Kirar HP water allocations and the Jones HP water allocations. RE means the total of the reserves for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month. DIV means the total of the diversions for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the water year. TOL means the total of the transmission and operational losses for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme, the Kirar subscheme and the Jones subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations, the Kirar MP water allocations and the Jones MP water allocations; the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Kirar Weir and Jones Weir. IN means the total of the inflow allowances for the Kirar subscheme and the Jones subscheme for the month. HPA means the total of the nominal volumes for the Kirar HP water allocations and the Jones HP water allocations. RE means the total of the reserves for the Kirar subscheme and the Jones subscheme for the month. DIV means the total of the diversions for the Kirar subscheme and the Jones subscheme for the water year. TOL means the total of the transmission and operational losses for the Kirar subscheme and the Jones subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme and the Jones subscheme. MPA means the total of the nominal volumes for the Kirar MP water allocations and the Jones MP water allocations; the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the usable volume for Jones Weir. IN means the inflow allowance for the Jones subscheme for the month. HPA means the total of the nominal volumes for the Jones HP water allocations. RE means the reserve for the Jones subscheme for the month. DIV means the diversion for the Jones subscheme for the water year. TOL means the transmission and operational losses for the Jones subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Jones subscheme. MPA means the total of the nominal volumes for the Jones MP water allocations.\n(sch.9-sec.45-ssec.2) However— if the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Jones MP water allocations is 100%; or if the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Jones MP water allocations is zero.\n- (a) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Wuruma Dam, Kirar Weir and Jones Weir. IN means the total of the inflow allowances for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations, the Kirar HP water allocations and the Jones HP water allocations. RE means the total of the reserves for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month. DIV means the total of the diversions for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the water year. TOL means the total of the transmission and operational losses for the Wuruma subscheme, the Kirar subscheme and the Jones subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme, the Kirar subscheme and the Jones subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations, the Kirar MP water allocations and the Jones MP water allocations;\n- (b) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Kirar Weir and Jones Weir. IN means the total of the inflow allowances for the Kirar subscheme and the Jones subscheme for the month. HPA means the total of the nominal volumes for the Kirar HP water allocations and the Jones HP water allocations. RE means the total of the reserves for the Kirar subscheme and the Jones subscheme for the month. DIV means the total of the diversions for the Kirar subscheme and the Jones subscheme for the water year. TOL means the total of the transmission and operational losses for the Kirar subscheme and the Jones subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme and the Jones subscheme. MPA means the total of the nominal volumes for the Kirar MP water allocations and the Jones MP water allocations;\n- (c) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the usable volume for Jones Weir. IN means the inflow allowance for the Jones subscheme for the month. HPA means the total of the nominal volumes for the Jones HP water allocations. RE means the reserve for the Jones subscheme for the month. DIV means the diversion for the Jones subscheme for the water year. TOL means the transmission and operational losses for the Jones subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Jones subscheme. MPA means the total of the nominal volumes for the Jones MP water allocations.\n- (a) if the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Jones MP water allocations is 100%; or\n- (b) if the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Jones MP water allocations is zero.","sortOrder":204},{"sectionNumber":"sch.9-sec.46","sectionType":"section","heading":"Calculating provisional allocation percentage for Kirar MP water allocations— ss 42 and 43","content":"### sch.9-sec.46 Calculating provisional allocation percentage for Kirar MP water allocations— ss 42 and 43\n\nThe provisional allocation percentage for the Kirar MP water allocations is—\nif the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (a) —the percentage calculated for the Jones MP water allocations under section 45 (1) (a) ; or\nif the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (b) —the percentage calculated for the Jones MP water allocations under section 45 (1) (b) ; or\nif the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (c) —the greater of the following percentages—\nthe percentage calculated using the following formula, rounded up to the nearest whole per cent—\nwhere—\nUV means the total of the usable volumes for Wuruma Dam and Kirar Weir.\nIN means the total of the inflow allowances for the Wuruma subscheme and the Kirar subscheme for the month.\nHPA means the total of the nominal volumes for the Wuruma HP water allocations and Kirar HP water allocations.\nRE means the total of the reserves for the Wuruma subscheme and the Kirar subscheme for the month.\nDIV means the total of the diversions for the Wuruma subscheme and the Kirar subscheme for the water year.\nTOL means the total of the transmission and operational losses for the Wuruma subscheme and the Kirar subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme and the Kirar subscheme.\nTR means the transfer allowance.\nMPA means the total of the nominal volumes for the Wuruma MP water allocations and the Kirar MP water allocations;\nthe percentage calculated using the following formula, rounded up to the nearest whole per cent—\nwhere—\nUV means the usable volume for Kirar Weir.\nIN means the inflow allowance for the Kirar subscheme for the month.\nHPA means the total of the nominal volumes for the Kirar HP water allocations.\nRE means the reserve for the Kirar subscheme for the month.\nDIV means the diversion for the Kirar subscheme for the water year.\nTOL means the transmission and operational losses for the Kirar subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme.\nMPA means the total of the nominal volumes for the Kirar MP water allocations.\nHowever—\nif the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Kirar MP water allocations is 100%; or\nif the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Kirar MP water allocations is zero.\n(sch.9-sec.46-ssec.1) The provisional allocation percentage for the Kirar MP water allocations is— if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (a) —the percentage calculated for the Jones MP water allocations under section 45 (1) (a) ; or if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (b) —the percentage calculated for the Jones MP water allocations under section 45 (1) (b) ; or if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (c) —the greater of the following percentages— the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Wuruma Dam and Kirar Weir. IN means the total of the inflow allowances for the Wuruma subscheme and the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations and Kirar HP water allocations. RE means the total of the reserves for the Wuruma subscheme and the Kirar subscheme for the month. DIV means the total of the diversions for the Wuruma subscheme and the Kirar subscheme for the water year. TOL means the total of the transmission and operational losses for the Wuruma subscheme and the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme and the Kirar subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations and the Kirar MP water allocations; the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the usable volume for Kirar Weir. IN means the inflow allowance for the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Kirar HP water allocations. RE means the reserve for the Kirar subscheme for the month. DIV means the diversion for the Kirar subscheme for the water year. TOL means the transmission and operational losses for the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme. MPA means the total of the nominal volumes for the Kirar MP water allocations.\n(sch.9-sec.46-ssec.2) However— if the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Kirar MP water allocations is 100%; or if the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Kirar MP water allocations is zero.\n- (a) if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (a) —the percentage calculated for the Jones MP water allocations under section 45 (1) (a) ; or\n- (b) if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (b) —the percentage calculated for the Jones MP water allocations under section 45 (1) (b) ; or\n- (c) if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (c) —the greater of the following percentages— (i) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Wuruma Dam and Kirar Weir. IN means the total of the inflow allowances for the Wuruma subscheme and the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations and Kirar HP water allocations. RE means the total of the reserves for the Wuruma subscheme and the Kirar subscheme for the month. DIV means the total of the diversions for the Wuruma subscheme and the Kirar subscheme for the water year. TOL means the total of the transmission and operational losses for the Wuruma subscheme and the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme and the Kirar subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations and the Kirar MP water allocations; (ii) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the usable volume for Kirar Weir. IN means the inflow allowance for the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Kirar HP water allocations. RE means the reserve for the Kirar subscheme for the month. DIV means the diversion for the Kirar subscheme for the water year. TOL means the transmission and operational losses for the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme. MPA means the total of the nominal volumes for the Kirar MP water allocations.\n- (i) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Wuruma Dam and Kirar Weir. IN means the total of the inflow allowances for the Wuruma subscheme and the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations and Kirar HP water allocations. RE means the total of the reserves for the Wuruma subscheme and the Kirar subscheme for the month. DIV means the total of the diversions for the Wuruma subscheme and the Kirar subscheme for the water year. TOL means the total of the transmission and operational losses for the Wuruma subscheme and the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme and the Kirar subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations and the Kirar MP water allocations;\n- (ii) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the usable volume for Kirar Weir. IN means the inflow allowance for the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Kirar HP water allocations. RE means the reserve for the Kirar subscheme for the month. DIV means the diversion for the Kirar subscheme for the water year. TOL means the transmission and operational losses for the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme. MPA means the total of the nominal volumes for the Kirar MP water allocations.\n- (i) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the total of the usable volumes for Wuruma Dam and Kirar Weir. IN means the total of the inflow allowances for the Wuruma subscheme and the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations and Kirar HP water allocations. RE means the total of the reserves for the Wuruma subscheme and the Kirar subscheme for the month. DIV means the total of the diversions for the Wuruma subscheme and the Kirar subscheme for the water year. TOL means the total of the transmission and operational losses for the Wuruma subscheme and the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme and the Kirar subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations and the Kirar MP water allocations;\n- (ii) the percentage calculated using the following formula, rounded up to the nearest whole per cent— where— UV means the usable volume for Kirar Weir. IN means the inflow allowance for the Kirar subscheme for the month. HPA means the total of the nominal volumes for the Kirar HP water allocations. RE means the reserve for the Kirar subscheme for the month. DIV means the diversion for the Kirar subscheme for the water year. TOL means the transmission and operational losses for the Kirar subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Kirar subscheme. MPA means the total of the nominal volumes for the Kirar MP water allocations.\n- (a) if the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Kirar MP water allocations is 100%; or\n- (b) if the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Kirar MP water allocations is zero.","sortOrder":205},{"sectionNumber":"sch.9-sec.47","sectionType":"section","heading":"Calculating provisional allocation percentage for Wuruma MP water allocations— ss 42 and 43","content":"### sch.9-sec.47 Calculating provisional allocation percentage for Wuruma MP water allocations— ss 42 and 43\n\nThe provisional allocation percentage for the Wuruma MP water allocations is—\nif the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (a) —the percentage calculated for the Jones MP water allocations under section 45 (1) (a) ; or\nif the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (c) and the greater percentage for the Kirar MP water allocations under section 46 (1) (c) is the percentage calculated under section 46 (1) (c) (i) —the percentage calculated for the Kirar MP water allocations under section 46 (1) (c) (i) ; or\nif paragraph (a) or (b) does not apply—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the usable volume for Wuruma Dam.\nIN means the inflow allowance for the Wuruma subscheme for the month.\nHPA means the total of the nominal volumes for the Wuruma HP water allocations.\nRE means the reserve for the Wuruma subscheme for the month.\nDIV means the diversion for the Wuruma subscheme for the water year.\nTOL means the transmission and operational losses for the Wuruma subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme.\nTR means the transfer allowance.\nMPA means the total of the nominal volumes for the Wuruma MP water allocations.\nHowever—\nif the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Wuruma MP water allocations is 100%; or\nif the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Wuruma MP water allocations is zero.\n(sch.9-sec.47-ssec.1) The provisional allocation percentage for the Wuruma MP water allocations is— if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (a) —the percentage calculated for the Jones MP water allocations under section 45 (1) (a) ; or if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (c) and the greater percentage for the Kirar MP water allocations under section 46 (1) (c) is the percentage calculated under section 46 (1) (c) (i) —the percentage calculated for the Kirar MP water allocations under section 46 (1) (c) (i) ; or if paragraph (a) or (b) does not apply—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the usable volume for Wuruma Dam. IN means the inflow allowance for the Wuruma subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations. RE means the reserve for the Wuruma subscheme for the month. DIV means the diversion for the Wuruma subscheme for the water year. TOL means the transmission and operational losses for the Wuruma subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations.\n(sch.9-sec.47-ssec.2) However— if the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Wuruma MP water allocations is 100%; or if the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Wuruma MP water allocations is zero.\n- (a) if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (a) —the percentage calculated for the Jones MP water allocations under section 45 (1) (a) ; or\n- (b) if the greatest percentage for the Jones MP water allocations under section 45 (1) is the percentage calculated under section 45 (1) (c) and the greater percentage for the Kirar MP water allocations under section 46 (1) (c) is the percentage calculated under section 46 (1) (c) (i) —the percentage calculated for the Kirar MP water allocations under section 46 (1) (c) (i) ; or\n- (c) if paragraph (a) or (b) does not apply—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the usable volume for Wuruma Dam. IN means the inflow allowance for the Wuruma subscheme for the month. HPA means the total of the nominal volumes for the Wuruma HP water allocations. RE means the reserve for the Wuruma subscheme for the month. DIV means the diversion for the Wuruma subscheme for the water year. TOL means the transmission and operational losses for the Wuruma subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Wuruma subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Wuruma MP water allocations.\n- (a) if the provisional allocation percentage calculated under subsection (1) is greater than 100%, the provisional allocation percentage for the Wuruma MP water allocations is 100%; or\n- (b) if the provisional allocation percentage calculated under subsection (1) is less than zero, the provisional allocation percentage for the Wuruma MP water allocations is zero.","sortOrder":206},{"sectionNumber":"sch.9-sec.48","sectionType":"section","heading":"Calculating provisional allocation percentage for Claude Wharton MP water allocations— ss 42 and 43","content":"### sch.9-sec.48 Calculating provisional allocation percentage for Claude Wharton MP water allocations— ss 42 and 43\n\nThe provisional allocation percentage for the Claude Wharton MP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the usable volume for Claude Wharton Weir.\nIN means the inflow allowance for the Claude Wharton subscheme for the month.\nHPA means the total of the nominal volumes for the Claude Wharton HP water allocations.\nRE means the reserve for the Claude Wharton subscheme for the month.\nDIV means the diversion for the Claude Wharton subscheme for the water year.\nTOL means the transmission and operational losses for the Claude Wharton subscheme for the month.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Claude Wharton subscheme.\nTR means the transfer allowance.\nMPA means the total of the nominal volumes for the Claude Wharton MP water allocations.\nHowever, if the provisional allocation percentage calculated under subsection (1) is less than 40%, the provisional allocation percentage for the Claude Wharton MP water allocations is—\nfor the Claude Wharton A MP water allocations—the percentage calculated under subsection (3) ; or\nfor the Claude Wharton B MP water allocations—zero.\nFor subsection (2) (a) , the percentage for the Claude Wharton A MP water allocations is—\nif paragraph (b) does not apply—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 40%—\nwhere—\nUV means the usable volume for Claude Wharton Weir.\nIN means the inflow allowance for the Claude Wharton subscheme for the month.\nHPA means the total of the nominal volumes for the Claude Wharton HP water allocations.\nRE means the reserve for the Claude Wharton subscheme for the month.\nDIV means the diversion for the Claude Wharton A subscheme for the water year.\nTOL means the figure stated in part 5 , table 3, column 2 for the Claude Wharton subscheme for the month in which the provisional allocation percentage is calculated.\nVIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Claude Wharton A subscheme.\nTR means the transfer allowance.\nMPA means the total of the nominal volumes for the Claude Wharton A MP water allocations; or\nif the percentage calculated under paragraph (a) is less than zero—zero.\n(sch.9-sec.48-ssec.1) The provisional allocation percentage for the Claude Wharton MP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%— where— UV means the usable volume for Claude Wharton Weir. IN means the inflow allowance for the Claude Wharton subscheme for the month. HPA means the total of the nominal volumes for the Claude Wharton HP water allocations. RE means the reserve for the Claude Wharton subscheme for the month. DIV means the diversion for the Claude Wharton subscheme for the water year. TOL means the transmission and operational losses for the Claude Wharton subscheme for the month. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Claude Wharton subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Claude Wharton MP water allocations.\n(sch.9-sec.48-ssec.2) However, if the provisional allocation percentage calculated under subsection (1) is less than 40%, the provisional allocation percentage for the Claude Wharton MP water allocations is— for the Claude Wharton A MP water allocations—the percentage calculated under subsection (3) ; or for the Claude Wharton B MP water allocations—zero.\n(sch.9-sec.48-ssec.3) For subsection (2) (a) , the percentage for the Claude Wharton A MP water allocations is— if paragraph (b) does not apply—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 40%— where— UV means the usable volume for Claude Wharton Weir. IN means the inflow allowance for the Claude Wharton subscheme for the month. HPA means the total of the nominal volumes for the Claude Wharton HP water allocations. RE means the reserve for the Claude Wharton subscheme for the month. DIV means the diversion for the Claude Wharton A subscheme for the water year. TOL means the figure stated in part 5 , table 3, column 2 for the Claude Wharton subscheme for the month in which the provisional allocation percentage is calculated. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Claude Wharton A subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Claude Wharton A MP water allocations; or if the percentage calculated under paragraph (a) is less than zero—zero.\n- (a) for the Claude Wharton A MP water allocations—the percentage calculated under subsection (3) ; or\n- (b) for the Claude Wharton B MP water allocations—zero.\n- (a) if paragraph (b) does not apply—the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 40%— where— UV means the usable volume for Claude Wharton Weir. IN means the inflow allowance for the Claude Wharton subscheme for the month. HPA means the total of the nominal volumes for the Claude Wharton HP water allocations. RE means the reserve for the Claude Wharton subscheme for the month. DIV means the diversion for the Claude Wharton A subscheme for the water year. TOL means the figure stated in part 5 , table 3, column 2 for the Claude Wharton subscheme for the month in which the provisional allocation percentage is calculated. VIWY means the difference between the total volume of water carried over to the current water year under section 49 , and the total volume of water brought forward to the current water year under section 50 , by holders of water allocations under which water may be taken from the Claude Wharton A subscheme. TR means the transfer allowance. MPA means the total of the nominal volumes for the Claude Wharton A MP water allocations; or\n- (b) if the percentage calculated under paragraph (a) is less than zero—zero.","sortOrder":207},{"sectionNumber":"sch.9-sec.49","sectionType":"section","heading":"Carry over","content":"### sch.9-sec.49 Carry over\n\nThe ROL holder may allow the holder of a medium priority water allocation in a relevant subscheme to carry over unused water from 1 water year to the next water year.\nHowever, the total volume of water the ROL holder may allow the holders of medium priority water allocations in the relevant subschemes to carry over is the lesser of the following—\n2% of the total of the nominal volumes for all medium priority water allocations in all the relevant subschemes;\nthe total volume of the unused water for all medium priority water allocations in all the relevant subschemes.\n(sch.9-sec.49-ssec.1) The ROL holder may allow the holder of a medium priority water allocation in a relevant subscheme to carry over unused water from 1 water year to the next water year.\n(sch.9-sec.49-ssec.2) However, the total volume of water the ROL holder may allow the holders of medium priority water allocations in the relevant subschemes to carry over is the lesser of the following— 2% of the total of the nominal volumes for all medium priority water allocations in all the relevant subschemes; the total volume of the unused water for all medium priority water allocations in all the relevant subschemes.\n- (a) 2% of the total of the nominal volumes for all medium priority water allocations in all the relevant subschemes;\n- (b) the total volume of the unused water for all medium priority water allocations in all the relevant subschemes.","sortOrder":208},{"sectionNumber":"sch.9-sec.50","sectionType":"section","heading":"Forward draw","content":"### sch.9-sec.50 Forward draw\n\nThe ROL holder may allow the holder of a high priority water allocation or a medium priority water allocation in a relevant subscheme to bring forward to the current water year any water that may be taken under the water allocation in the next water year.\nHowever, the total volume of water the ROL holder may allow holders of water allocations to bring forward must not exceed—\nfor the holders of high priority water allocations in the relevant subschemes—1% of the total of the nominal volumes for all high priority water allocations in all the relevant subschemes; or\nfor the holders of medium priority water allocations in the relevant subschemes—1% of the total of the nominal volumes for all medium priority water allocations in all the relevant subschemes.\n(sch.9-sec.50-ssec.1) The ROL holder may allow the holder of a high priority water allocation or a medium priority water allocation in a relevant subscheme to bring forward to the current water year any water that may be taken under the water allocation in the next water year.\n(sch.9-sec.50-ssec.2) However, the total volume of water the ROL holder may allow holders of water allocations to bring forward must not exceed— for the holders of high priority water allocations in the relevant subschemes—1% of the total of the nominal volumes for all high priority water allocations in all the relevant subschemes; or for the holders of medium priority water allocations in the relevant subschemes—1% of the total of the nominal volumes for all medium priority water allocations in all the relevant subschemes.\n- (a) for the holders of high priority water allocations in the relevant subschemes—1% of the total of the nominal volumes for all high priority water allocations in all the relevant subschemes; or\n- (b) for the holders of medium priority water allocations in the relevant subschemes—1% of the total of the nominal volumes for all medium priority water allocations in all the relevant subschemes.","sortOrder":209},{"sectionNumber":"sch.9-sec.51","sectionType":"section","heading":"Level at which water must not be taken under particular water allocations","content":"### sch.9-sec.51 Level at which water must not be taken under particular water allocations\n\nSubsection (2) applies if the current storage level for a storage mentioned in the table, column 1 is at or below the level (the critical level ) stated for the storage in the table, column 2.\nThe holder of a medium priority water allocation in a relevant subscheme who is an on-pond user of a storage mentioned in column 1 must not take water under the water allocation.\nSubsection (2) applies until the current storage level for the storage is above the critical level for the storage.\nThe ROL holder must give notice to the water allocation holder—\nwhen the current storage level for the storage falls to the critical level for the storage; and\nif the current storage level for the storage has fallen to, or below, the critical level for the storage, when the current storage level for the storage rises above the critical level for the storage.\nIn this section—\non-pond user , in relation to a storage, means a person with works or a connection extending to, and capable of taking water directly from, the water impounded by the storage.\nColumn 1\nColumn 2\nStorage\nCritical level\n(m AHD)\nKirar Weir\n144.4\nJones Weir\n106.25\nClaude Wharton Weir\n89.3\n(sch.9-sec.51-ssec.1) Subsection (2) applies if the current storage level for a storage mentioned in the table, column 1 is at or below the level (the critical level ) stated for the storage in the table, column 2.\n(sch.9-sec.51-ssec.2) The holder of a medium priority water allocation in a relevant subscheme who is an on-pond user of a storage mentioned in column 1 must not take water under the water allocation.\n(sch.9-sec.51-ssec.3) Subsection (2) applies until the current storage level for the storage is above the critical level for the storage.\n(sch.9-sec.51-ssec.4) The ROL holder must give notice to the water allocation holder— when the current storage level for the storage falls to the critical level for the storage; and if the current storage level for the storage has fallen to, or below, the critical level for the storage, when the current storage level for the storage rises above the critical level for the storage.\n(sch.9-sec.51-ssec.5) In this section— on-pond user , in relation to a storage, means a person with works or a connection extending to, and capable of taking water directly from, the water impounded by the storage. Column 1 Column 2 Storage Critical level (m AHD) Kirar Weir 144.4 Jones Weir 106.25 Claude Wharton Weir 89.3\n- (a) when the current storage level for the storage falls to the critical level for the storage; and\n- (b) if the current storage level for the storage has fallen to, or below, the critical level for the storage, when the current storage level for the storage rises above the critical level for the storage.","sortOrder":210},{"sectionNumber":"sch.9-sec.52","sectionType":"section","heading":"Taking water during critical water shortage","content":"### sch.9-sec.52 Taking water during critical water shortage\n\nThis section applies to the holder of a medium priority water allocation in a relevant subscheme if—\nthe ROL holder—\ncan not supply water under the water allocation; and\ngives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or\nthe announced allocation percentage for the medium priority water allocations in the relevant subscheme for a water year is zero.\nThe water allocation holder may take water from either or both of the following—\na waterhole in the water supply scheme;\nan aquifer under a watercourse mentioned in the Water Regulation 2016 , section 129 that is in the plan area.\nHowever, the authorisation to take water under subsection (2) in a water year ends when the combined volume of water taken by the water allocation holder since the start of the water year equals the nominal volume for the water allocation.\nIn this section—\ncombined volume of water taken , for a water allocation holder, means the total of—\nthe volume of water taken by the water allocation holder under subsection (2) ; and\nthe volume of water taken by the water allocation holder under section 53 that relates to the volume of water calculated under section 53 (3) (a) (i) .\ns 52 amd 2016 SL No. 216 s 146 sch 20\n(sch.9-sec.52-ssec.1) This section applies to the holder of a medium priority water allocation in a relevant subscheme if— the ROL holder— can not supply water under the water allocation; and gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or the announced allocation percentage for the medium priority water allocations in the relevant subscheme for a water year is zero.\n(sch.9-sec.52-ssec.2) The water allocation holder may take water from either or both of the following— a waterhole in the water supply scheme; an aquifer under a watercourse mentioned in the Water Regulation 2016 , section 129 that is in the plan area.\n(sch.9-sec.52-ssec.3) However, the authorisation to take water under subsection (2) in a water year ends when the combined volume of water taken by the water allocation holder since the start of the water year equals the nominal volume for the water allocation.\n(sch.9-sec.52-ssec.4) In this section— combined volume of water taken , for a water allocation holder, means the total of— the volume of water taken by the water allocation holder under subsection (2) ; and the volume of water taken by the water allocation holder under section 53 that relates to the volume of water calculated under section 53 (3) (a) (i) . s 52 amd 2016 SL No. 216 s 146 sch 20\n- (a) the ROL holder— (i) can not supply water under the water allocation; and (ii) gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or\n- (i) can not supply water under the water allocation; and\n- (ii) gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or\n- (b) the announced allocation percentage for the medium priority water allocations in the relevant subscheme for a water year is zero.\n- (i) can not supply water under the water allocation; and\n- (ii) gives the water allocation holder notice that the water allocation holder may take water in the way mentioned in subsection (2) ; or\n- (a) a waterhole in the water supply scheme;\n- (b) an aquifer under a watercourse mentioned in the Water Regulation 2016 , section 129 that is in the plan area.\n- (a) the volume of water taken by the water allocation holder under subsection (2) ; and\n- (b) the volume of water taken by the water allocation holder under section 53 that relates to the volume of water calculated under section 53 (3) (a) (i) .","sortOrder":211},{"sectionNumber":"sch.9-sec.53","sectionType":"section","heading":"Supplying and taking water under a water allocation","content":"### sch.9-sec.53 Supplying and taking water under a water allocation\n\nThe ROL holder may supply under a high priority water allocation in a relevant subscheme, and the water allocation holder may take, in a water year, the nominal volume for the water allocation.\nThe ROL holder may supply under a medium priority water allocation in a relevant subscheme, and the water allocation holder may take, in a water year, the volume of water calculated under subsection (3) .\nThe volume of water is calculated by—\nif—\nsubsection (5) does not apply—multiplying the nominal volume for the water allocation by the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; or\nsubsection (5) applies—calculating the volume of water under subsection (5) ; and\nadding the volume of water, if any, that the water allocation holder carried over to the current water year under section 49 ; and\nadding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 50 ; and\nsubtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 50 .\nSubsection (5) applies if, during the water year, the water allocation holder—\ntakes a volume of water under section 52 (2) ; and\nthe volume of water mentioned in paragraph (a) is more than the difference between—\nthe nominal volume for the water allocation; and\nthe volume of water calculated under subsection (3) (a) (i) .\nThe volume of water for subsection (3) (a) (ii) is the volume calculated using the following formula—\nwhere—\nNV means the nominal volume for the water allocation.\nCWSV means the volume of water that the water allocation holder takes under section 52 (2) during the water year.\n(sch.9-sec.53-ssec.1) The ROL holder may supply under a high priority water allocation in a relevant subscheme, and the water allocation holder may take, in a water year, the nominal volume for the water allocation.\n(sch.9-sec.53-ssec.2) The ROL holder may supply under a medium priority water allocation in a relevant subscheme, and the water allocation holder may take, in a water year, the volume of water calculated under subsection (3) .\n(sch.9-sec.53-ssec.3) The volume of water is calculated by— if— subsection (5) does not apply—multiplying the nominal volume for the water allocation by the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; or subsection (5) applies—calculating the volume of water under subsection (5) ; and adding the volume of water, if any, that the water allocation holder carried over to the current water year under section 49 ; and adding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 50 ; and subtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 50 .\n(sch.9-sec.53-ssec.4) Subsection (5) applies if, during the water year, the water allocation holder— takes a volume of water under section 52 (2) ; and the volume of water mentioned in paragraph (a) is more than the difference between— the nominal volume for the water allocation; and the volume of water calculated under subsection (3) (a) (i) .\n(sch.9-sec.53-ssec.5) The volume of water for subsection (3) (a) (ii) is the volume calculated using the following formula— where— NV means the nominal volume for the water allocation. CWSV means the volume of water that the water allocation holder takes under section 52 (2) during the water year.\n- (a) if— (i) subsection (5) does not apply—multiplying the nominal volume for the water allocation by the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; or (ii) subsection (5) applies—calculating the volume of water under subsection (5) ; and\n- (i) subsection (5) does not apply—multiplying the nominal volume for the water allocation by the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; or\n- (ii) subsection (5) applies—calculating the volume of water under subsection (5) ; and\n- (b) adding the volume of water, if any, that the water allocation holder carried over to the current water year under section 49 ; and\n- (c) adding the volume of water, if any, that the water allocation holder brought forward to the current water year under section 50 ; and\n- (d) subtracting the volume of water, if any, that the water allocation holder brought forward in the previous water year under section 50 .\n- (i) subsection (5) does not apply—multiplying the nominal volume for the water allocation by the announced allocation percentage for the medium priority water allocations in the relevant subscheme to which the water allocation belongs; or\n- (ii) subsection (5) applies—calculating the volume of water under subsection (5) ; and\n- (a) takes a volume of water under section 52 (2) ; and\n- (b) the volume of water mentioned in paragraph (a) is more than the difference between— (i) the nominal volume for the water allocation; and (ii) the volume of water calculated under subsection (3) (a) (i) .\n- (i) the nominal volume for the water allocation; and\n- (ii) the volume of water calculated under subsection (3) (a) (i) .\n- (i) the nominal volume for the water allocation; and\n- (ii) the volume of water calculated under subsection (3) (a) (i) .","sortOrder":212},{"sectionNumber":"sch.9-sec.54","sectionType":"section","heading":"Application of sdiv 2","content":"### sch.9-sec.54 Application of sdiv 2\n\nThis subdivision applies to the John Goleby subscheme.","sortOrder":213},{"sectionNumber":"sch.9-sec.55","sectionType":"section","heading":"Definitions for sdiv 2","content":"### sch.9-sec.55 Definitions for sdiv 2\n\nIn this subdivision—\nfirst water period , for a water year, means the period in the water year starting at the start of the water year and ending on the earlier of the following—\nif John Goleby Weir is overflowing at the start of the water year—\nwhen the weir stops overflowing;\n4 months after the start of the water year;\nif John Goleby Weir is not overflowing at the start of the water year—\nwhen the weir overflows;\nthe end of the water year.\nlast water period , for a water year, means the water period in the water year that ends on the end of the water year.\nsubsequent water period , for a water year, means each period in the water year starting at the end of a water period and ending on the earlier of the following—\nif John Goleby Weir is overflowing at the start of the period—\nwhen the weir stops overflowing;\n4 months after the start of the period;\nthe end of the water year;\nif the John Goleby Weir is not overflowing at the start of the period—\nwhen the weir overflows;\nthe end of the water year.\nwater period , for a water year, means—\nthe first water period in the water year; or\na subsequent water period in the water year.\n- (a) if John Goleby Weir is overflowing at the start of the water year— (i) when the weir stops overflowing; (ii) 4 months after the start of the water year;\n- (i) when the weir stops overflowing;\n- (ii) 4 months after the start of the water year;\n- (b) if John Goleby Weir is not overflowing at the start of the water year— (i) when the weir overflows; (ii) the end of the water year.\n- (i) when the weir overflows;\n- (ii) the end of the water year.\n- (i) when the weir stops overflowing;\n- (ii) 4 months after the start of the water year;\n- (i) when the weir overflows;\n- (ii) the end of the water year.\n- (a) if John Goleby Weir is overflowing at the start of the period— (i) when the weir stops overflowing; (ii) 4 months after the start of the period; (iii) the end of the water year;\n- (i) when the weir stops overflowing;\n- (ii) 4 months after the start of the period;\n- (iii) the end of the water year;\n- (b) if the John Goleby Weir is not overflowing at the start of the period— (i) when the weir overflows; (ii) the end of the water year.\n- (i) when the weir overflows;\n- (ii) the end of the water year.\n- (i) when the weir stops overflowing;\n- (ii) 4 months after the start of the period;\n- (iii) the end of the water year;\n- (i) when the weir overflows;\n- (ii) the end of the water year.\n- (a) the first water period in the water year; or\n- (b) a subsequent water period in the water year.","sortOrder":214},{"sectionNumber":"sch.9-sec.56","sectionType":"section","heading":"Announced allocation percentage—initial percentage","content":"### sch.9-sec.56 Announced allocation percentage—initial percentage\n\nThe ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for the John Goleby MP water allocations under section 59 .\nThe announced allocation percentage for the John Goleby MP water allocations is the provisional allocation percentage calculated under section 59 .\nHowever, if the provisional allocation percentage calculated under section 59 is less than zero, the announced allocation percentage for the John Goleby MP water allocations is zero.\nThe announced allocation percentage—\ntakes effect on the first day of the water year; and\nsubject to section 57 , has effect as the announced allocation percentage for the John Goleby MP water allocations for the first water period in the water year.\n(sch.9-sec.56-ssec.1) The ROL holder must, within 5 business days after the start of a water year, calculate a provisional allocation percentage for the John Goleby MP water allocations under section 59 .\n(sch.9-sec.56-ssec.2) The announced allocation percentage for the John Goleby MP water allocations is the provisional allocation percentage calculated under section 59 .\n(sch.9-sec.56-ssec.3) However, if the provisional allocation percentage calculated under section 59 is less than zero, the announced allocation percentage for the John Goleby MP water allocations is zero.\n(sch.9-sec.56-ssec.4) The announced allocation percentage— takes effect on the first day of the water year; and subject to section 57 , has effect as the announced allocation percentage for the John Goleby MP water allocations for the first water period in the water year.\n- (a) takes effect on the first day of the water year; and\n- (b) subject to section 57 , has effect as the announced allocation percentage for the John Goleby MP water allocations for the first water period in the water year.","sortOrder":215},{"sectionNumber":"sch.9-sec.57","sectionType":"section","heading":"Announced allocation percentage—further calculations","content":"### sch.9-sec.57 Announced allocation percentage—further calculations\n\nDuring the first water period in the water year, the ROL holder must calculate a provisional allocation percentage for the John Goleby MP water allocations under section 59 —\nwithin 5 business days after the start of each quarter of the water year, other than the first quarter; and\nwithin 10 business days after a major inflow for the John Goleby subscheme, other than a major inflow that causes John Goleby Weir to overflow.\nAlso, the ROL holder may, at any time during the first water period in the water year, calculate a provisional allocation percentage for the John Goleby MP water allocations under section 59 .\nIf the provisional allocation percentage calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the John Goleby MP water allocations, the provisional allocation percentage—\ntakes effect as the announced allocation percentage for the John Goleby MP water allocations on the day on which the calculation is made; and\nhas effect as the announced allocation percentage for the John Goleby MP water allocations for the first water period in the water year unless a greater announced allocation percentage takes effect under this section.\n(sch.9-sec.57-ssec.1) During the first water period in the water year, the ROL holder must calculate a provisional allocation percentage for the John Goleby MP water allocations under section 59 — within 5 business days after the start of each quarter of the water year, other than the first quarter; and within 10 business days after a major inflow for the John Goleby subscheme, other than a major inflow that causes John Goleby Weir to overflow.\n(sch.9-sec.57-ssec.2) Also, the ROL holder may, at any time during the first water period in the water year, calculate a provisional allocation percentage for the John Goleby MP water allocations under section 59 .\n(sch.9-sec.57-ssec.3) If the provisional allocation percentage calculated as mentioned in subsection (1) or (2) is greater than the announced allocation percentage currently in effect for the John Goleby MP water allocations, the provisional allocation percentage— takes effect as the announced allocation percentage for the John Goleby MP water allocations on the day on which the calculation is made; and has effect as the announced allocation percentage for the John Goleby MP water allocations for the first water period in the water year unless a greater announced allocation percentage takes effect under this section.\n- (a) within 5 business days after the start of each quarter of the water year, other than the first quarter; and\n- (b) within 10 business days after a major inflow for the John Goleby subscheme, other than a major inflow that causes John Goleby Weir to overflow.\n- (a) takes effect as the announced allocation percentage for the John Goleby MP water allocations on the day on which the calculation is made; and\n- (b) has effect as the announced allocation percentage for the John Goleby MP water allocations for the first water period in the water year unless a greater announced allocation percentage takes effect under this section.","sortOrder":216},{"sectionNumber":"sch.9-sec.58","sectionType":"section","heading":"Publication of announced allocation percentage and start of subsequent water period","content":"### sch.9-sec.58 Publication of announced allocation percentage and start of subsequent water period\n\nThe ROL holder must, within the required time after an announced allocation percentage takes effect for the John Goleby MP water allocations under section 56 or 57 , publish details of the announced allocation percentage for the water allocations on the ROL holder’s website.\nAlso, the ROL holder must, within 5 business days after the start of a subsequent water period in a water year, publish details of the date on which the subsequent water period started on the ROL holder’s website.\nSection 61 (4) states the volume of water that may be taken in a subsequent water period by the holder of a John Goleby MP water allocation.\nDetails for the water supply scheme are on the ROL holder’s website.\nIn this section—\nrequired time means—\nfor an announced allocation percentage that takes effect under section 56 —5 business days; or\nfor an announced allocation percentage that takes effect under section 57 —2 business days.\n(sch.9-sec.58-ssec.1) The ROL holder must, within the required time after an announced allocation percentage takes effect for the John Goleby MP water allocations under section 56 or 57 , publish details of the announced allocation percentage for the water allocations on the ROL holder’s website.\n(sch.9-sec.58-ssec.2) Also, the ROL holder must, within 5 business days after the start of a subsequent water period in a water year, publish details of the date on which the subsequent water period started on the ROL holder’s website. Section 61 (4) states the volume of water that may be taken in a subsequent water period by the holder of a John Goleby MP water allocation. Details for the water supply scheme are on the ROL holder’s website.\n(sch.9-sec.58-ssec.3) In this section— required time means— for an announced allocation percentage that takes effect under section 56 —5 business days; or for an announced allocation percentage that takes effect under section 57 —2 business days.\n- (a) for an announced allocation percentage that takes effect under section 56 —5 business days; or\n- (b) for an announced allocation percentage that takes effect under section 57 —2 business days.","sortOrder":217},{"sectionNumber":"sch.9-sec.59","sectionType":"section","heading":"Calculating provisional allocation percentage for John Goleby MP water allocations—ss 56 and 57","content":"### sch.9-sec.59 Calculating provisional allocation percentage for John Goleby MP water allocations—ss 56 and 57\n\nThe provisional allocation percentage for the John Goleby MP water allocations is the lesser of the percentage calculated using the following formula, rounded up to the nearest whole per cent, and 100%—\nwhere—\nUV means the usable volume for John Goleby Weir.\nDIV means the total volume of water taken under the John Goleby MP water allocations in the first water period in the water year in which the provisional allocation percentage is calculated.\nVIWY means the total volume of water carried over to the current water year under section 60 by holders of John Goleby MP water allocations.\nMPA means the total of the nominal volumes for the John Goleby MP water allocations.","sortOrder":218},{"sectionNumber":"sch.9-sec.60","sectionType":"section","heading":"Carry over","content":"### sch.9-sec.60 Carry over\n\nThe ROL holder may allow the holder of a John Goleby MP water allocation to carry over unused water from the last water period in a water year to the first water period in the next water year.","sortOrder":219},{"sectionNumber":"sch.9-sec.61","sectionType":"section","heading":"Supplying and taking water under a John Goleby MP water allocation","content":"### sch.9-sec.61 Supplying and taking water under a John Goleby MP water allocation\n\nThis section applies to the supply and taking of water in a water year under a John Goleby MP water allocation.\nIn the first water period in the water year, the ROL holder may supply, and the holder of the water allocation may take, the volume of water calculated under subsection (3) .\nThe volume of water is calculated by—\nmultiplying the nominal volume for the water allocation by the announced allocation percentage for the John Goleby MP water allocations; and\nadding the volume of water, if any, that the water allocation holder carried over to the current water year under section 60 .\nIn a subsequent water period in the water year, the ROL holder may supply, and the holder of the water allocation may take, the nominal volume for the water allocation.\nHowever, the total volume of water supplied or taken under the water allocation in the water year must not exceed 2.5 times the nominal volume for the water allocation.\n(sch.9-sec.61-ssec.1) This section applies to the supply and taking of water in a water year under a John Goleby MP water allocation.\n(sch.9-sec.61-ssec.2) In the first water period in the water year, the ROL holder may supply, and the holder of the water allocation may take, the volume of water calculated under subsection (3) .\n(sch.9-sec.61-ssec.3) The volume of water is calculated by— multiplying the nominal volume for the water allocation by the announced allocation percentage for the John Goleby MP water allocations; and adding the volume of water, if any, that the water allocation holder carried over to the current water year under section 60 .\n(sch.9-sec.61-ssec.4) In a subsequent water period in the water year, the ROL holder may supply, and the holder of the water allocation may take, the nominal volume for the water allocation.\n(sch.9-sec.61-ssec.5) However, the total volume of water supplied or taken under the water allocation in the water year must not exceed 2.5 times the nominal volume for the water allocation.\n- (a) multiplying the nominal volume for the water allocation by the announced allocation percentage for the John Goleby MP water allocations; and\n- (b) adding the volume of water, if any, that the water allocation holder carried over to the current water year under section 60 .","sortOrder":220},{"sectionNumber":"sch.9-pt.5","sectionType":"part","heading":"Tables","content":"# Tables","sortOrder":221}],"analysis":{"summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The plan appears to operate within its intended scope as a statutory water resource plan for the Burnett Basin. It replaces the earlier Water Resource (Burnett Basin) Plan 2000 and consolidates management of the same geographic and water resource area. While it adds new mechanisms (such as the strategic water infrastructure reserve and explicit groundwater management for the Coastal Burnett area), these appear to be deliberate policy expansions consistent with the plan's stated purpose of integrated water resource management, not unintended scope drift."},"complexity_factors":["Multiple overlapping regulatory layers: environmental objectives, security objectives, and operational strategies all interact","Distinct rules for surface water, supplemented water (dam-sourced), unsupplemented water (direct from rivers), and two separate groundwater management areas","Heavy reliance on external documents not reproduced here: schedules 7–11, the resource operations plan, and Water Regulation 2016","Complex transitional provisions dealing with legacy licences dating back to 2000 and 2003, with different rules depending on whether works existed on 14 December 2000","Granular licence conversion rules with multi-level conditional logic (e.g. section 81 on annual volumetric limits has three-level nested conditions)","Specific named water allocations and interim water allocation numbers requiring cross-referencing with administrative plans","Multiple named water supply schemes (Barker Barambah, Bundaberg, Upper Burnett, Three Moon Creek, Boyne River and Tarong) each with scheme-specific rules","Computer modelling programs (IQQM and Coastal Burnett groundwater model) embedded as legal assessment tools","Staggered commencement dates for different provisions (e.g. Bundaberg water sharing rules from 1 July 2015)","Technical hydrological measurement concepts (AMTD distances, AHD elevations, megalitres per hectare ratios, probability indices) used as legally binding standards"],"plain_english_summary":"The Water Plan (Burnett Basin) 2014 is a regional blueprint that controls how surface and groundwater in the Burnett catchment is allocated and used. It protects environmental flows and secures existing water entitlements while effectively freezing most new extractions, holding unallocated water in reserves for specific uses and infrastructure.\n\nIt affects farmers, irrigators, town suppliers, landowners, Indigenous communities, water infrastructure operators and regulators — and matters because it balances ecosystem health with reliable water access for existing users."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This plan is more than a statement of high‑level environmental objectives: compared with the older (repealed) 2000 plan it consolidates and operationalises policy into detailed allocation mechanics and scheme operating rules. It (a) prescribes specific numerical environmental targets and allocation security indices (sch.7 and sch.8), (b) establishes and quantifies unallocated water reserves including strategic and infrastructure reserves and limits their permitted purposes and volumes (sec.34–36), (c) sets detailed conversion rules that fix nominal volumes, annual limits and priority groupings for hundreds of historic entitlements (chs 5–6, secs.71–116), and (d) imposes scheme‑level operating rules and precise allocation‑calculation formulas (sch.9). These additions move the instrument from broad strategic planning toward an active regulatory and operational framework with significant effects on who can take water, how much they may take, and how water infrastructure must be operated — a substantial expansion of administrative and technical scope relative to a simple environmental plan."},"complexity_factors":["Extensive cross-references to other instruments and Acts (the Act, Water Regulation 2016, resource operations plans and licences) throughout (e.g. secs.25–26, 40, many sch.9 provisions).","Large number of defined terms and technical definitions collected in schedule 9, section 1 (storage curves, bulk capacity shares, announced allocation percentages, usable volume, transmission losses, etc.).","Multiple schedules with numeric tables and scheme-specific rules (sch.7 environmental targets; sch.8 allocation security targets; sch.9 operational and sharing rules across three major schemes and many subschemes).","Numerous conditional branches and exceptions (e.g. different tests for pre-2000/2003 works, different rules when storages are above/below thresholds, multiple 'if/then/otherwise' formulas in schedule 9).","Many conversion rules for historic authorisations with bespoke formulas for nominal volumes, annual limits and pump rates (secs.76–82; secs.87–89).","Mandated modelling tools (IQQM and Coastal Burnett model) with an approval pathway for alternatives that must be 'at least as accurate' — creating technical and legal complexity (secs.25–26).","Multiple decision‑makers with different roles: chief executive (policy and approvals), ROL holders (operational calculations & publication), and licence/allocation holders (compliance) — coordination complexity (sec.24; sch.9).","Detailed arithmetic allocation formulas and periodic calculation rules for announced allocation percentages, carryover and forward draw across subschemes and water periods (sch.9 secs.12–61).","Numerical thresholds, indices and time-dependent procedures (e.g. seasonal nominal operating levels, monthly inflow allowances, daily flow requirements), requiring ongoing measurement and record‑keeping (sch.9 and many sch.9 parts)."],"plain_english_summary":"**What this instrument does, who it affects, and why it matters (plain English)\n\n**What it does (mechanics first)\n\n- Sets measurable environmental flow and groundwater objectives for the Burnett Basin and prescribes the indicators to be used to assess them (for example: mean and median annual flows, low‑flow volumes, groundwater table depth and ocean groundwater discharge). (see sch.7; sec.17–20)\n- Requires administrative decisions about allocation and management of water in the plan area to be consistent with those environmental objectives and with water‑allocation security objectives. The chief executive must use specific computer models to test consistency (IQQM for surface water; a Coastal Burnett groundwater model for specified groundwater areas) unless an alternative method is approved. (sec.24–26)\n- Creates and allocates unallocated water into three reserves (general, strategic, and strategic water infrastructure), states the permitted purposes for each reserve, and fixes total volumes available from each. Some strategic allocations are only granted for the life of a project and revert to the reserve afterwards. (sec.34–39; sec.36)\n- Directs how historic authorisations, interim allocations and water licences are converted into modern water allocations (including how nominal volumes, annual limits and maximum pump rates are set), and places conditions and priority groupings on converted entitlements. It also continues many existing allocations and converts them into the new framework. (chs 5–6; sec.45–50; sec.71–73; sec.74–116)\n- Imposes specific operational and environmental management rules for named water supply schemes (Barker Barambah, Bundaberg, Upper Burnett, Three Moon Creek): operating levels for storages, minimum releases/flows under certain conditions, procedures to avoid rapid changes in release rate, watercourse use limits, and allocation‑calculation rules (announced allocation percentages, carryover and forward‑draw rules, water sharing formulas). (sch.9, part 2–4; many sections in schedule 9)\n- Limits certain unregulated takes: restricting taking of overland flow in the Coastal Burnett area except in narrow circumstances; requiring licences to interfere with groundwater where excavations expose the watertable above a threshold area; and restricting new applications that would increase or change existing takes (with a range of exemptions). (sec.30–31; sec.91; sec.117–118)\n\n**Who decides and who pays\n\n- The chief executive (the relevant departmental official) decides whether applications and assessment methods meet the plan’s objectives, approves alternative assessment methods, and sets conditions on licences and allocations (for example nominal volumes, flow conditions, and maximum pump rates). (sec.24–26; sec.79–82; sec.118)\n- Resource operations licence holders (ROL holders) — typically the operators of the major storages/supply schemes — implement day‑to‑day operating rules, calculate and publish announced allocation percentages, manage carryover/forward draw arrangements and maintain operating procedures. They supply water to allocation holders under the rules set out in schedule 9. (sch.9 parts 2–4; e.g. sch.9 sec.9–16)\n- Water users (existing licence holders, applicants, irrigators, towns, developers) bear most direct costs: complying with flow conditions, metering and reporting, possible changes to nominal volumes/rates on conversion, constraints on new takes, and adapting to allocation announcements. Government bears monitoring and modelling costs, and administrative burden of approvals.\n\n**Official purpose claim and testing it against costs, incentives and trade‑offs\n\n- Official claim: the plan preserves environmental water needs while providing predictable rules for allocation security and scheme operation (see sec.24 and sch.7 and sch.8). That claim is implemented by numeric environmental targets (sch.7) and by allocation security metrics (supplemented water sharing index and annual probability targets in sch.8).\n\n- Costs and trade‑offs the instrument creates:  \n  - Compliance and administrative cost for water users to meet conditions on converted licences (new nominal volumes, maximum rates linked to pump sizes, flow‑based limits). These costs fall on individual holders when licences are amended or converted (see sec.79–81; sec.87–90).  \n  - Limits on expansion and new development where the plan directs refusal/non‑acceptance of applications that would increase the amount, change the location, or alter conditions of taking water (sec.28, 30–31). That reduces the option value of new investment in water‑taking infrastructure.  \n  - Concentrated vs diffuse effects: strategic reserves (sec.36–39) concentrate potential benefits on State or Indigenous projects or named infrastructure; the wider community faces the diffuse cost of less unallocated water available for private development.  \n  - Opportunities and substitution effects: the plan channels some demands from surface water to groundwater or to regulated scheme water by defining where and how unallocated water may be granted and by conversion rules (secs.34–40; ch.5 divs 4–6). This changes incentives for where investment or pumping occurs.  \n  - Enforcement and model reliance: the plan mandates particular modelling tools (IQQM, Coastal Burnett model) to assess consistency with objectives (sec.25–26). That reduces legal and technical uncertainty where models are available, but creates implementation risk where model inputs are contested or where the models do not capture local conditions. The chief executive can approve alternatives but only if they are at least as accurate (sec.25(3), sec.26(3)), giving administrative discretion substantial weight.\n\n**Implementation and compliance burdens / risks\n\n- Heavy reliance on modelling, monthly and periodic calculations and on resource operations licence holders to compute and publish allocation percentages (schedule 9). This requires data systems, staff, and continuing calibration. (sec.9; sch.9 generally)\n- Numerous conditional branches and exceptions — e.g. pre‑2003 applications, works in place at particular historical dates, special rules for particular interim allocations — increase the administrative workload and require historical record checks (secs.28–31; many conversion sections).  \n- Chief executive discretion is pervasive: approval of alternative assessment methods, decisions on nominal volumes, pump‑rate determinations, and whether to waive particular conditions (secs.25–26; sec.29; sec.80; sec.82). That central discretion can be necessary to handle complexity but creates potential uncertainty for holders.  \n\n**Behaviour changes the plan enforces\n\n- Reduces or freezes the scope for new or expanded surface‑water or groundwater-taking where it would increase volumes, change locations or change conditions (secs.28, 30–31).  \n- Encourages water users to: (a) convert historic authorisations to modern allocations and accept quantified nominal volumes and priority groups; (b) operate within scheme allocation announcements (announced allocation percentages, carryover/forward‑draw limits in sch.9); (c) design pumps, works and storage to fit the specified maximum rates and storage limits (sec.80, sec.81, sec.90).  \n\n**Bottom line (mechanical summary)**\n- The plan is a detailed operational instrument: it turns high‑level environmental and allocation objectives into enforceable numeric targets, formal modelling requirements, conversion rules for historic entitlements, and daily/seasonal operating rules for major storages and supply schemes. (See sec.17–26; sch.7–9.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":674},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive water resource management plan for the Burnett Basin. The extensive detail reflects the technical nature of water allocation planning rather than scope creep."},"complexity_factors":["Extensive cross-referencing between sections, schedules, and external documents (resource operations plans, schedules 5-12)","Multiple nested conditional formulas for calculating water allocations with variables like UV, DIV, HPA, RE, TOL, VIWY, MPA, TR","Detailed operating rules for 5 separate water supply schemes with sub-schemes, each with unique calculation methods","Numerous defined terms (over 50) including technical hydrological concepts like 'simulated mean annual diversion', 'bulk capacity share', 'provisional allocation percentage'","Complex temporal triggers — dates like '29 May 2003', '14 December 2000', '30 November 2007', '18 January 2010' create overlapping transitional arrangements","Exception-to-exception structures especially in sections 28-31 (applications for water licences) and section 91 (overland flow water)","Mathematical interpolation requirements for determining transmission losses and transfer allowances","Multiple priority groups (high, medium, low) with different rules for each, plus special categories like 'John Goleby MP water allocations'","Groundwater management divided into multiple sub-areas (Kolan-Burnett A, Burnett-Elliott A, etc.) each with distinct allocation groups","Schedule 9 alone contains over 60 sections with intricate water sharing formulas that reference other schedules and tables"],"plain_english_summary":"This legislation is the **Water Plan (Burnett Basin) 2014**, which governs how water is managed in Queensland's Burnett Basin region. It covers both surface water (rivers, creeks, lakes) and groundwater.\n\n**What it does:**\n- Sets **environmental flow objectives** to protect river health — things like limiting how often rivers dry up, and maintaining minimum flow levels at different times\n- Establishes **water allocation security objectives** so farmers and towns know how much water they can reliably expect\n- Creates rules for **who can take water and how much** — including converting old water licences into modern water allocations\n- Sets up **water supply schemes** (like Barker Barambah, Bundaberg, and Upper Burnett) with detailed operating rules for dams and weirs\n- Protects **groundwater-dependent ecosystems** and limits interference with groundwater, especially in the Coastal Burnett area\n- Provides for **unallocated water reserves** — water set aside for future State projects, Indigenous purposes, or strategic infrastructure\n\n**Who it affects:**\n- Farmers and irrigators with water licences or allocations\n- Water supply utilities operating dams and distribution systems\n- Landholders wanting to take water for stock or domestic use\n- Developers and miners needing water or needing to manage water impacts\n- Traditional owners and communities seeking water for Indigenous purposes\n\n**Why it matters:**\nThe plan tries to balance competing needs — keeping rivers healthy, supporting agriculture, securing town water supplies, and protecting groundwater — while dealing with Queensland's highly variable climate where droughts and floods are common."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-burnett-basin-2014","history":"/api/acts/water-plan-burnett-basin-2014/history","analysis":"/api/acts/water-plan-burnett-basin-2014/analysis","conflicts":"/api/acts/water-plan-burnett-basin-2014/conflicts","importantCases":"/api/acts/water-plan-burnett-basin-2014/important-cases","documents":"/api/acts/water-plan-burnett-basin-2014/documents"}}