{"id":"qld:sl-2006-0320","name":"Water Plan (Calliope River Basin) 2006","slug":"water-plan-calliope-river-basin-2006","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"320 of 2006","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175859,"registerId":"qld-qld:sl-2006-0320-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis water plan may be cited as the Water Plan (Calliope River Basin) 2006 .\ns 1 sub 2014 Act No. 64 s 255 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of plan","content":"### sec.2 Purposes of plan\n\nThe following are the purposes of this plan—\nto define the availability of water in the plan area;\nto provide a framework for sustainably managing water and the taking of water;\nto identify priorities and mechanisms for dealing with future water requirements;\nto provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;\nto regulate the taking of overland flow water.\n- (a) to define the availability of water in the plan area;\n- (b) to provide a framework for sustainably managing water and the taking of water;\n- (c) to identify priorities and mechanisms for dealing with future water requirements;\n- (d) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;\n- (e) to regulate the taking of overland flow water.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Plan area and water to which plan applies","content":"# Plan area and water to which plan applies","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Plan area","content":"### sec.4 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Information about plan area","content":"### sec.5 Information about plan area\n\nThe exact location of the boundary of the plan area is held in digital electronic form by the department.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundary.\n(sec.5-ssec.1) The exact location of the boundary of the plan area is held in digital electronic form by the department.\n(sec.5-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Water to which plan applies","content":"### sec.6 Water to which plan applies\n\nThis plan applies to the following water in the plan area—\nwater in a watercourse, lake or spring;\noverland flow water.\n- (a) water in a watercourse, lake or spring;\n- (b) overland flow water.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Outcomes for sustainable management of water","content":"# Outcomes for sustainable management of water","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Outcomes for water in plan area","content":"### sec.7 Outcomes for water in plan area\n\nWater is to be allocated and sustainably managed in a way that—\nrecognises the natural state of watercourses, lakes and springs has changed because of the taking of, and interfering with, water; and\nseeks to achieve a balance in the following outcomes—\nthe general outcomes mentioned in section 8 ;\nthe ecological outcomes mentioned in section 9 .\n- (a) recognises the natural state of watercourses, lakes and springs has changed because of the taking of, and interfering with, water; and\n- (b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 8 ; (ii) the ecological outcomes mentioned in section 9 .\n- (i) the general outcomes mentioned in section 8 ;\n- (ii) the ecological outcomes mentioned in section 9 .\n- (i) the general outcomes mentioned in section 8 ;\n- (ii) the ecological outcomes mentioned in section 9 .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"General outcomes","content":"### sec.8 General outcomes\n\nEach of the following is a general outcome for water in the plan area—\nto provide for the use of all water entitlements and other authorisations in the plan area;\nto provide for the continued use of all existing works;\nto make water available to sustain current levels of, and to provide for appropriate growth in, economic activity in the plan area;\nto support the water-related social and cultural values of communities in the plan area;\nto encourage continual improvement in the efficient use of water.\n- (a) to provide for the use of all water entitlements and other authorisations in the plan area;\n- (b) to provide for the continued use of all existing works;\n- (c) to make water available to sustain current levels of, and to provide for appropriate growth in, economic activity in the plan area;\n- (d) to support the water-related social and cultural values of communities in the plan area;\n- (e) to encourage continual improvement in the efficient use of water.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Ecological outcomes","content":"### sec.9 Ecological outcomes\n\nEach of the following is an ecological outcome for water in the plan area—\nto support natural ecosystems by minimising changes to natural flow regimes;\nto maintain adequate water flows to protect the health of riparian vegetation and aquatic ecosystems in the plan area;\nto maintain adequate freshwater outflows to The Narrows and the natural wetlands in the plan area.\nIn this section—\nThe Narrows means the estuarine passage between Curtis Island and the mainland that extends from Kangaroo Island to the mouth of Raglan Creek.\n(sec.9-ssec.1) Each of the following is an ecological outcome for water in the plan area— to support natural ecosystems by minimising changes to natural flow regimes; to maintain adequate water flows to protect the health of riparian vegetation and aquatic ecosystems in the plan area; to maintain adequate freshwater outflows to The Narrows and the natural wetlands in the plan area.\n(sec.9-ssec.2) In this section— The Narrows means the estuarine passage between Curtis Island and the mainland that extends from Kangaroo Island to the mouth of Raglan Creek.\n- (a) to support natural ecosystems by minimising changes to natural flow regimes;\n- (b) to maintain adequate water flows to protect the health of riparian vegetation and aquatic ecosystems in the plan area;\n- (c) to maintain adequate freshwater outflows to The Narrows and the natural wetlands in the plan area.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Strategies for achieving outcomes","content":"# Strategies for achieving outcomes","sortOrder":12},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Strategies","content":"### sec.10 Strategies\n\nThis part states the strategies for achieving the outcomes mentioned in part 3 .\nThe strategies—\nform part of a broad framework for the management of natural resources; and\ncomplement other activities for advancing the sustainable management of water.\n(sec.10-ssec.1) This part states the strategies for achieving the outcomes mentioned in part 3 .\n(sec.10-ssec.2) The strategies— form part of a broad framework for the management of natural resources; and complement other activities for advancing the sustainable management of water.\n- (a) form part of a broad framework for the management of natural resources; and\n- (b) complement other activities for advancing the sustainable management of water.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Decisions about taking water","content":"### sec.11 Decisions about taking water\n\nThe chief executive must not make a decision about the allocation or management of water in the plan area that would increase the total volume of water that may be taken in the plan area.\nA decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.\nSubsections (1) and (2) do not apply to a decision—\nabout a water permit; or\nabout reinstating or replacing an expired water licence; or\nabout taking overland flow water mentioned in section 13 (1) (a) or (e) ; or\nto grant a water licence to an owner of land, other than land adjoining a watercourse, lake or spring, to take water for stock or domestic purposes using works that were in existence before 4 March 2004; or\nabout unallocated water made under section 19 ; or\nrequired to be made under the resource operations plan.\n(sec.11-ssec.1) The chief executive must not make a decision about the allocation or management of water in the plan area that would increase the total volume of water that may be taken in the plan area.\n(sec.11-ssec.2) A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.\n(sec.11-ssec.3) Subsections (1) and (2) do not apply to a decision— about a water permit; or about reinstating or replacing an expired water licence; or about taking overland flow water mentioned in section 13 (1) (a) or (e) ; or to grant a water licence to an owner of land, other than land adjoining a watercourse, lake or spring, to take water for stock or domestic purposes using works that were in existence before 4 March 2004; or about unallocated water made under section 19 ; or required to be made under the resource operations plan.\n- (a) about a water permit; or\n- (b) about reinstating or replacing an expired water licence; or\n- (c) about taking overland flow water mentioned in section 13 (1) (a) or (e) ; or\n- (d) to grant a water licence to an owner of land, other than land adjoining a watercourse, lake or spring, to take water for stock or domestic purposes using works that were in existence before 4 March 2004; or\n- (e) about unallocated water made under section 19 ; or\n- (f) required to be made under the resource operations plan.","sortOrder":15},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Water in watercourse, lake or spring","content":"## Water in watercourse, lake or spring","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Annual volumetric limit for taking water from watercourse, lake or spring","content":"### sec.12 Annual volumetric limit for taking water from watercourse, lake or spring\n\nThe annual volumetric limit for a water licence to take water from a watercourse, lake or spring is—\nfor a licence that states the volume of water that may be taken in a water year—the stated volume; and\nfor a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 7; and\nfor another licence—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence;\nthe water-taking capacity of any works, being used or authorised to be used, for taking water under the licence;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\n- (a) for a licence that states the volume of water that may be taken in a water year—the stated volume; and\n- (b) for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 7; and\n- (c) for another licence—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water-taking capacity of any works, being used or authorised to be used, for taking water under the licence; (iii) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works, being used or authorised to be used, for taking water under the licence;\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works, being used or authorised to be used, for taking water under the licence;\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .","sortOrder":17},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Regulation of overland flow water","content":"## Regulation of overland flow water","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 20 (2)","content":"### sec.13 Limitation on taking overland flow water— Act , s 20 (2)\n\nA person may not take overland flow water other than—\nfor stock or domestic purposes; or\nfor another purpose, other than ponded pasture or water spreading, using works that allow the taking of overland flow water; or\nunder an authorisation to take unallocated water granted to the person under the resource operations plan; or\nunder another authorisation; or\noverland flow water of not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\noverland flow water of not more than the amount necessary to divert the water around a mine site; or\noverland flow water that is contaminated agricultural runoff water; or\nunder an authority under section 15 .\nIn this section—\ncontaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.\nA copy of the code is available on the department’s website.\nponded pasture means constructing banks or otherwise modifying naturally wet areas to impound water to use it mainly for growing fodder for grazing.\nwater spreading means using shallow earth walls to divert or delay the movement of water across its natural flow path to increase beneficial infiltration of the soil by the water, mainly for growing fodder for grazing.\nworks —\nmeans works having a capacity of not more than 5ML; and\ndoes not include works that are connected, physically or by any device able to transfer water, to any other works used or able to be used for storing water.\ns 13 amd 2013 Act No. 23 s 352 sch 1 pt 2\n(sec.13-ssec.1) A person may not take overland flow water other than— for stock or domestic purposes; or for another purpose, other than ponded pasture or water spreading, using works that allow the taking of overland flow water; or under an authorisation to take unallocated water granted to the person under the resource operations plan; or under another authorisation; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or overland flow water of not more than the amount necessary to divert the water around a mine site; or overland flow water that is contaminated agricultural runoff water; or under an authority under section 15 .\n(sec.13-ssec.2) In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website. ponded pasture means constructing banks or otherwise modifying naturally wet areas to impound water to use it mainly for growing fodder for grazing. water spreading means using shallow earth walls to divert or delay the movement of water across its natural flow path to increase beneficial infiltration of the soil by the water, mainly for growing fodder for grazing. works — means works having a capacity of not more than 5ML; and does not include works that are connected, physically or by any device able to transfer water, to any other works used or able to be used for storing water.\n- (a) for stock or domestic purposes; or\n- (b) for another purpose, other than ponded pasture or water spreading, using works that allow the taking of overland flow water; or\n- (c) under an authorisation to take unallocated water granted to the person under the resource operations plan; or\n- (d) under another authorisation; or\n- (e) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (f) overland flow water of not more than the amount necessary to divert the water around a mine site; or\n- (g) overland flow water that is contaminated agricultural runoff water; or\n- (h) under an authority under section 15 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (a) means works having a capacity of not more than 5ML; and\n- (b) does not include works that are connected, physically or by any device able to transfer water, to any other works used or able to be used for storing water.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Decisions about taking overland flow water","content":"### sec.14 Decisions about taking overland flow water\n\nIn deciding an application under the Act about taking overland flow water, the chief executive must consider whether granting the application is likely to adversely affect—\nnatural aquatic ecosystems, including, for example, natural wetlands; or\nusers of overland flow water downstream of the area to which the application relates.\nSee the Planning Regulation 2017 , schedule 7 , section 5 and schedule 10 , section 29 for how the Planning Act regulates operational work involving taking overland flow water.\nHowever, subsection (1) does not apply to an application—\nfor a water permit; or\nto reinstate or replace an expired licence.\ns 14 amd 2009 SL No. 280 s 162 ; 2017 SL No. 103 s 147\n(sec.14-ssec.1) In deciding an application under the Act about taking overland flow water, the chief executive must consider whether granting the application is likely to adversely affect— natural aquatic ecosystems, including, for example, natural wetlands; or users of overland flow water downstream of the area to which the application relates. See the Planning Regulation 2017 , schedule 7 , section 5 and schedule 10 , section 29 for how the Planning Act regulates operational work involving taking overland flow water.\n(sec.14-ssec.2) However, subsection (1) does not apply to an application— for a water permit; or to reinstate or replace an expired licence.\n- (a) natural aquatic ecosystems, including, for example, natural wetlands; or\n- (b) users of overland flow water downstream of the area to which the application relates.\n- (a) for a water permit; or\n- (b) to reinstate or replace an expired licence.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Taking water using existing works or reconfiguration of existing works authorised","content":"### sec.15 Taking water using existing works or reconfiguration of existing works authorised\n\nThis section applies to the owner of land on which existing works are situated, other than works that allow the taking of overland flow water under section 13 (1) (a) to (g) .\nThe owner may continue to take overland flow water using the works for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice in the approved form of the existing works, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.\nIn this section—\nexisting works includes works that—\nare a reconfiguration of existing works; and\ndo not increase the average annual volume of water taken above the average annual volume taken using the existing works.\n(sec.15-ssec.1) This section applies to the owner of land on which existing works are situated, other than works that allow the taking of overland flow water under section 13 (1) (a) to (g) .\n(sec.15-ssec.2) The owner may continue to take overland flow water using the works for 1 year after the commencement of this plan.\n(sec.15-ssec.3) Also, if the owner gives the chief executive notice in the approved form of the existing works, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.\n(sec.15-ssec.4) In this section— existing works includes works that— are a reconfiguration of existing works; and do not increase the average annual volume of water taken above the average annual volume taken using the existing works.\n- (a) are a reconfiguration of existing works; and\n- (b) do not increase the average annual volume of water taken above the average annual volume taken using the existing works.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Granting water licences for authorities under s 15","content":"### sec.16 Granting water licences for authorities under s 15\n\nThis section applies if—\nan owner of land is authorised under section 15 to continue taking overland flow water using existing works; and\nthe chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the works, above the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.\nThe chief executive may—\nunder section 212 of the Act , grant a water licence to replace the authority under section 15 ; and\nimpose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the works is not more than the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.\n(sec.16-ssec.1) This section applies if— an owner of land is authorised under section 15 to continue taking overland flow water using existing works; and the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the works, above the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.\n(sec.16-ssec.2) The chief executive may— under section 212 of the Act , grant a water licence to replace the authority under section 15 ; and impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the works is not more than the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.\n- (a) an owner of land is authorised under section 15 to continue taking overland flow water using existing works; and\n- (b) the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the works, above the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.\n- (a) under section 212 of the Act , grant a water licence to replace the authority under section 15 ; and\n- (b) impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the works is not more than the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Granting or amending water licences under the resource operations plan","content":"### sec.17 Granting or amending water licences under the resource operations plan\n\nFor granting, under section 212 of the Act , a water licence to replace an authority under section 15 , or amending a water licence granted under section 16 , the chief executive—\nmust have regard to—\nthe capacity to take water of the works to which the authority or licence relates; and\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 of this plan; and\nmay have regard to the extent to which the works allowed the taking of water under another authorisation immediately before the commencement.\nSubsection (1) does not limit the matters to which the chief executive may have regard.\nThe chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.\nA water licence granted or amended under the resource operations plan may include the following—\nthe maximum volume of water, in megalitres, that may be taken under the licence;\nthe average annual volume of water, in megalitres, that may be taken under the licence;\nthe maximum rate at which water may be taken under the licence;\na condition stating that water taken under the licence must be measured in the way stated in the resource operations plan.\n(sec.17-ssec.1) For granting, under section 212 of the Act , a water licence to replace an authority under section 15 , or amending a water licence granted under section 16 , the chief executive— must have regard to— the capacity to take water of the works to which the authority or licence relates; and 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 of this plan; and may have regard to the extent to which the works allowed the taking of water under another authorisation immediately before the commencement.\n(sec.17-ssec.2) Subsection (1) does not limit the matters to which the chief executive may have regard.\n(sec.17-ssec.3) The chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.\n(sec.17-ssec.4) A water licence granted or amended under the resource operations plan may include the following— the maximum volume of water, in megalitres, that may be taken under the licence; the average annual volume of water, in megalitres, that may be taken under the licence; the maximum rate at which water may be taken under the licence; a condition stating that water taken under the licence must be measured in the way stated in the resource operations plan.\n- (a) must have regard to— (i) the capacity to take water of the works to which the authority or licence relates; and (ii) 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 of this plan; and\n- (i) the capacity to take water of the works to which the authority or licence relates; and\n- (ii) 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 of this plan; and\n- (b) may have regard to the extent to which the works allowed the taking of water under another authorisation immediately before the commencement.\n- (i) the capacity to take water of the works to which the authority or licence relates; and\n- (ii) 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 of this plan; and\n- (a) the maximum volume of water, in megalitres, that may be taken under the licence;\n- (b) the average annual volume of water, in megalitres, that may be taken under the licence;\n- (c) the maximum rate at which water may be taken under the licence;\n- (d) a condition stating that water taken under the licence must be measured in the way stated in the resource operations plan.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Relationship with Sustainable Planning Act 2009","content":"### sec.18 Relationship with Sustainable Planning Act 2009\n\ns 18 amd 2009 SL No. 280 s 163 ; 2011 Act No. 40 s 107 sch\nom 2016 SL No. 216 s 146 sch 20","sortOrder":24},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Limitation on allocation of unallocated water","content":"### sec.19 Limitation on allocation of unallocated water\n\nThe allocation of unallocated water is limited to a total annual volume of 5,500ML for all purposes.\nFor purposes of town water supply, the allocation of unallocated water is limited to a total annual volume of 500ML.\nDespite subsection (2) , the chief executive may allow more than 500ML for purposes of town water supply if the allocation of 500ML is not sufficient for the purposes and there is no other viable water supply.\n(sec.19-ssec.1) The allocation of unallocated water is limited to a total annual volume of 5,500ML for all purposes.\n(sec.19-ssec.2) For purposes of town water supply, the allocation of unallocated water is limited to a total annual volume of 500ML.\n(sec.19-ssec.3) Despite subsection (2) , the chief executive may allow more than 500ML for purposes of town water supply if the allocation of 500ML is not sufficient for the purposes and there is no other viable water supply.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Dealing with unallocated water","content":"### sec.20 Dealing with unallocated water\n\nUnallocated water may be granted under a process in the resource operations plan.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.21 Matters chief executive must consider\n\nIn dealing with unallocated water, the chief executive must consider—\nthe need for, and efficiency of, present and proposed uses of water including—\nthe extent to which water is being taken under authorisations in the plan area; and\nemerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and\nalternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\nthe availability of an alternative water supply for the purpose for which the water is required; and\nthe impact the proposed taking of, or interfering with, the water may have on the following—\nwater quality;\nthe connectivity of habitats that are dependent on flows in the river system;\nthe natural seasonality of flows;\nestuarine ecosystems;\nthe natural movement of sediment;\ninundation of habitats;\nthe movement of fish and other aquatic species;\nrecreation and aesthetic values of the plan area;\ncultural values, including, for example, cultural values of local Aboriginal communities; and\nimposing flow conditions to protect low flows and other ecologically significant flows; and\nthe impact the proposed taking of, or interfering with, the water may have on water users in the plan area.\nSubsection (1) does not limit the matters the chief executive may consider.\n(sec.21-ssec.1) In dealing with unallocated water, the chief executive must consider— the need for, and efficiency of, present and proposed uses of water including— the extent to which water is being taken under authorisations in the plan area; and emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of, or interfering with, the water may have on the following— water quality; the connectivity of habitats that are dependent on flows in the river system; the natural seasonality of flows; estuarine ecosystems; the natural movement of sediment; inundation of habitats; the movement of fish and other aquatic species; recreation and aesthetic values of the plan area; cultural values, including, for example, cultural values of local Aboriginal communities; and imposing flow conditions to protect low flows and other ecologically significant flows; and the impact the proposed taking of, or interfering with, the water may have on water users in the plan area.\n(sec.21-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the need for, and efficiency of, present and proposed uses of water including— (i) the extent to which water is being taken under authorisations in the plan area; and (ii) emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\n- (i) the extent to which water is being taken under authorisations in the plan area; and\n- (ii) emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and\n- (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\n- (b) the availability of an alternative water supply for the purpose for which the water is required; and\n- (c) the impact the proposed taking of, or interfering with, the water may have on the following— (i) water quality; (ii) the connectivity of habitats that are dependent on flows in the river system; (iii) the natural seasonality of flows; (iv) estuarine ecosystems; (v) the natural movement of sediment; (vi) inundation of habitats; (vii) the movement of fish and other aquatic species; (viii) recreation and aesthetic values of the plan area; (ix) cultural values, including, for example, cultural values of local Aboriginal communities; and\n- (i) water quality;\n- (ii) the connectivity of habitats that are dependent on flows in the river system;\n- (iii) the natural seasonality of flows;\n- (iv) estuarine ecosystems;\n- (v) the natural movement of sediment;\n- (vi) inundation of habitats;\n- (vii) the movement of fish and other aquatic species;\n- (viii) recreation and aesthetic values of the plan area;\n- (ix) cultural values, including, for example, cultural values of local Aboriginal communities; and\n- (d) imposing flow conditions to protect low flows and other ecologically significant flows; and\n- (e) the impact the proposed taking of, or interfering with, the water may have on water users in the plan area.\n- (i) the extent to which water is being taken under authorisations in the plan area; and\n- (ii) emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and\n- (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\n- (i) water quality;\n- (ii) the connectivity of habitats that are dependent on flows in the river system;\n- (iii) the natural seasonality of flows;\n- (iv) estuarine ecosystems;\n- (v) the natural movement of sediment;\n- (vi) inundation of habitats;\n- (vii) the movement of fish and other aquatic species;\n- (viii) recreation and aesthetic values of the plan area;\n- (ix) cultural values, including, for example, cultural values of local Aboriginal communities; and","sortOrder":28},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Measuring devices","content":"### sec.22 Measuring devices\n\ns 22 om 2014 SL No. 142 s 56","sortOrder":30},{"sectionNumber":"pt.5","sectionType":"part","heading":"Monitoring requirements","content":"# Monitoring requirements","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Monitoring requirements","content":"### sec.23 Monitoring requirements\n\nTo help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the resource operations plan must state the monitoring requirements for water and natural ecosystems for this plan.\nSubsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.\ns 23 sub 2014 SL No. 142 s 57\n(sec.23-ssec.1) To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the resource operations plan must state the monitoring requirements for water and natural ecosystems for this plan.\n(sec.23-ssec.2) Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Minister’s report on plan— Act , s 53","content":"### sec.24 Minister’s report on plan— Act , s 53\n\ns 24 sub 2014 SL No. 142 s 57\nom 2016 SL No. 216 s 146 sch 20","sortOrder":33},{"sectionNumber":"pt.6","sectionType":"part","heading":"Implementing and amending this plan","content":"# Implementing and amending this plan","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Implementation schedule","content":"### sec.25 Implementation schedule\n\nThe proposed arrangement for implementing this plan is to prepare, within 3 years after the commencement of this plan, a resource operations plan making unallocated water available for allocation.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Minor or stated amendment of plan— Act , s 57","content":"### sec.26 Minor or stated amendment of plan— Act , s 57\n\nThe following types of amendment may be made to this plan under section 57 (b) of the Act —\nan amendment of the capacity of works mentioned in section 13 (1) (b) ;\nan amendment or addition of the type of works that allow the taking of overland flow water mentioned in section 13 or 15 ;\nan amendment or addition of a monitoring or reporting requirement under part 5 .\ns 26 amd 2014 SL No. 142 s 58\n- (a) an amendment of the capacity of works mentioned in section 13 (1) (b) ;\n- (b) an amendment or addition of the type of works that allow the taking of overland flow water mentioned in section 13 or 15 ;\n- (c) an amendment or addition of a monitoring or reporting requirement under part 5 .","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Amending or replacing plan","content":"### sec.27 Amending or replacing plan\n\nThe Minister must consider amending this plan or preparing a new plan to replace this plan if the Minister is satisfied—\nauthorisations in the plan area are not sufficient to meet emerging requirements for additional water; or\nthere is a risk that taking, or interfering with, underground water in the plan area may significantly impact on the plan’s outcomes; or\nthere is a risk that taking, or interfering with, underground water in the plan area may significantly affect—\nthe availability of water for existing water entitlements; or\nthe water requirements of natural ecosystems; or\nthe quality of water; or\nthis plan’s ecological outcomes under section 9 are not being achieved.\ns 27 amd 2016 SL No. 216 s 146 sch 20\n- (a) authorisations in the plan area are not sufficient to meet emerging requirements for additional water; or\n- (b) there is a risk that taking, or interfering with, underground water in the plan area may significantly impact on the plan’s outcomes; or\n- (c) there is a risk that taking, or interfering with, underground water in the plan area may significantly affect— (i) the availability of water for existing water entitlements; or (ii) the water requirements of natural ecosystems; or (iii) the quality of water; or\n- (i) the availability of water for existing water entitlements; or\n- (ii) the water requirements of natural ecosystems; or\n- (iii) the quality of water; or\n- (d) this plan’s ecological outcomes under section 9 are not being achieved.\n- (i) the availability of water for existing water entitlements; or\n- (ii) the water requirements of natural ecosystems; or\n- (iii) the quality of water; or","sortOrder":37}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The plan appears to have remained broadly consistent with its original intent — managing water allocation in the Calliope River Basin with a hard cap on new allocations and specific protections for ecological outcomes. Amendments have been largely technical or administrative (removing redundant cross-references to superseded planning legislation, updating monitoring provisions) rather than substantively expanding or narrowing the plan's coverage or purpose."},"complexity_factors":["Multiple interacting authorisation types (water licences, water permits, resource operations plan authorisations, section 15 authorities) that each have different rules","Overland flow water provisions involve layered exemptions with specific technical definitions (e.g. works capacity limits, ponded pasture, water spreading, contaminated agricultural runoff)","Cross-references to external instruments including the Environmental Protection Act 1994, Planning Regulation 2017, and the resource operations plan","Transitional provisions for existing works require understanding of pre-commencement operating arrangements","Annual volumetric limit calculations for water licences involve three different methodologies depending on licence type, including area-to-volume conversion formulas","The plan has been amended multiple times (2009, 2011, 2013, 2014, 2016, 2017), with some sections omitted entirely, creating gaps in the numbering and potential confusion","Distinction between watercourse/lake/spring water and overland flow water creates parallel regulatory regimes within the same document"],"plain_english_summary":"The Water Plan (Calliope River Basin) 2006 sets rules for who may take water in the Calliope catchment—farmers, irrigators, mines, towns and landowners—by freezing total allocations, limiting new allocations (including a 5,500 ML/year cap on unallocated water and a 500 ML/year town‑water subcap), and tightly regulating capture of overland flow. It aims to protect rivers, wetlands and estuarine flows while balancing existing uses and triggering reviews if environmental or supply outcomes decline."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 2. While there have been amendments (visible in the amendment notes), these appear to be technical updates and refinements rather than scope expansion. The plan remains focused on water allocation, sustainable management, and overland flow regulation in the Calliope River Basin."},"complexity_factors":["Multiple nested exceptions to general prohibitions (e.g., section 11 has 6 exceptions to the 'no increase in water take' rule)","Cross-references to external documents including the 'Code for Assessable Development for Operational Works for Taking Overland Flow Water' and the Resource Operations Plan","Defined terms scattered throughout the text rather than consolidated (e.g., 'The Narrows', 'ponded pasture', 'water spreading', 'works' defined in situ)","Conditional logic for calculating water entitlements based on historical use, irrigation area, or stated volumes (section 12)","Interaction with multiple other Acts: Environmental Protection Act 1994, Planning Act, and the underlying Water Act","Amendment history visible in the text indicating evolutionary complexity (sections marked as substituted, amended, or omitted)","Specific date references creating temporal conditions (e.g., 'works in existence before 4 March 2004', '1 year after commencement')","Dual-purpose structure with some provisions appearing to duplicate content (section/subsection structure with bullet points)"],"plain_english_summary":"This legislation is a **water management plan for the Calliope River Basin** in Queensland. It sets the rules for who can take water from rivers, lakes, springs, and overland flow (rainwater running across the land) in this specific area.\n\n**What it does:**\n- **Caps water use**: It prevents the government from approving new water licences that would increase the total amount of water taken from the basin, with some exceptions for things like stock and domestic use, or replacing expired licences.\n- **Protects the environment**: It requires water to be managed in a way that protects ecosystems, maintains flows to wetlands and estuaries (specifically \"The Narrows\" between Curtis Island and the mainland), and tries to reverse environmental damage where possible.\n- **Regulates overland flow**: It restricts how people can capture rainwater runoff, generally only allowing small-scale collection (up to 5 megalitres capacity) for certain purposes, unless they have specific authorisation.\n- **Sets limits on unallocated water**: There's a total cap of 5,500 megalitres per year of \"unallocated water\" (water not already committed to existing users) that can be given out, with only 500 megalitres reserved for town water supplies (though this can be exceeded if there's no alternative).\n- **Grandfathers existing use**: People who were already capturing overland flow water when the plan started can continue doing so for one year, and potentially longer if they notify the government and meet certain conditions.\n\n**Who it affects:**\n- Farmers and graziers who need water for irrigation or stock\n- Landowners who capture overland flow water\n- Mining companies operating in the basin\n- Local councils and communities relying on town water supplies\n- Environmental groups and Aboriginal communities with cultural interests in the waterways\n\n**Why it matters:**\nThis plan tries to balance competing needs—keeping farmers and towns supplied with water while ensuring rivers don't run dry and ecosystems don't collapse. It's particularly significant because it regulates overland flow water, which is often a contentious issue in Queensland water law, as capturing rainwater before it reaches rivers can deprive downstream users and ecosystems of water."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument remains focused on its original purpose: defining availability and setting rules for sustainable allocation and management of surface and overland flow water in the Calliope River Basin. Amendments incorporated over time (noted in the text) add technical limits (e.g. unallocated water caps), clarify overland flow rules and impose monitoring/operational requirements, but do not materially broaden the plan’s geographic or policy scope beyond its original water‑allocation and ecosystem protection objectives. Changes are mostly clarifying, quantitative and procedural rather than a substantive expansion of scope."},"complexity_factors":["Cross‑references to multiple external instruments (the Water Act/resource operations plan, Environmental Protection Act 1994, Planning Act/Planning Regulation) increasing interpretive dependency","Several conditional exceptions and nested exceptions (notably s.11 contains multiple carve‑outs; s.13 lists many permitted overland flow uses)","Technical calculation rules and caps (s.12: area×7 ML cap for irrigation; s.19: 5,500 ML unallocated cap and 500 ML town default)","Discretionary decision points concentrated in one office (the chief executive) with wide scope (s.11, s.16–17, s.19)","Operationalisation deferred to the resource operations plan and Minister’s reports (s.10, s.20, s.23, s.25) — increases implementation complexity","Record/technical evidence requirements (s.15 notification; s.17 power to require a registered engineer’s certificate)","Multiple time/historical reference windows used for assessments (up to 10 years’ historic use in s.12 and s.17)","Defined terms and schedule references not reproduced here (dictionary in schedule 2; map in schedule 1) — adds interpretation steps","Amendments and omissions referenced (2013, 2014, 2016 etc.) create multiple historical layers to interpret"],"plain_english_summary":"**What this plan does, in plain English**\n\n- This is a local water-management plan for the Calliope River Basin. It sets the rules for what water the plan covers, who decides about water use, limits on new water allocations, and how natural ecosystems must be considered. (See parts 1–4.)\n\n- The plan covers water in watercourses, lakes, springs and overland flow (surface runoff). (sec.6)\n\n- The decision-maker named in the plan is the “chief executive” (a government water agency official). That official must follow the plan when deciding to allocate or manage water, and may be required to apply additional requirements in the resource operations plan (a separate operational document). (secs.10, 11, 17)\n\n**Key mechanical rules and who they affect**\n\n- No net increase in total water available for taking: The chief executive must not make decisions that increase the total volume of water that may be taken in the plan area, subject to listed exceptions (for example, water permits, reinstated licences, certain overland flow uses, licences for historic on‑farm stock/domestic works, allocations of unallocated water under s.19, or decisions required by the resource operations plan). This limits how much new water can be authorised. (sec.11)\n\n- Annual volume rules for licences from rivers/lakes/springs: A licence that states a volumetric limit gets that volume. A licence based on an irrigation area is capped by the chief executive’s estimate of efficient water use, and never more than area (ha) × 7 megalitres. For other licences the chief executive decides annual volume having regard to licence conditions, capacity of works, recent historic use (up to 10 years) and efficiency. These are the technical rules that translate licences into annual take limits. (sec.12)\n\n- Overland flow (runoff) is tightly regulated: People cannot take overland flow water except in specified situations — stock/domestic use, small works designed to take overland flow, authorised unallocated water, limited environmental or development use, diversion around mines, contaminated agricultural runoff, or other authorised uses. The plan defines small works as having capacity ≤ 5 ML and excludes works connected to other storage. Applicants for overland flow authorisations must be assessed for impacts on natural aquatic ecosystems and downstream users. Existing on‑site works may continue for one year and longer if notified; but if use appears to have increased, a licence can be required and conditions imposed to limit average annual take. (secs.13–17)\n\n- Limits on unallocated water: There is a fixed annual cap of 5,500 ML of unallocated water available for all purposes, and a default cap of 500 ML for town water supply (but the chief executive may allow more for town supply if no viable alternative exists). Allocation of unallocated water must follow the resource operations plan and the chief executive must consider specified environmental, cultural and user impacts when deciding. (secs.19–21)\n\n- Monitoring and implementation: The resource operations plan must set monitoring requirements so the Minister can assess whether the plan’s outcomes are being met. The plan envisages preparing a resource operations plan within three years to make unallocated water available. The chief executive can impose additional monitoring or reporting. (secs.23, 25)\n\n**Why it matters (purpose claims and practical effects)**\n\n- The plan says its purpose is to define water availability, provide a framework for sustainable management and the taking of water, identify future priorities, try to reverse ecosystem degradation where practicable, and regulate overland flow water. (sec.2)\n\n- Mechanically, the plan protects existing authorised water uses (explicit outcome to provide for existing entitlements and works) while restricting increases in total take (secs.8, 11). That creates a strong incentive to prioritise allocation among new users rather than expand aggregate extraction.\n\n- The specific caps and calculation rules (e.g. area×7 cap for irrigation, 5,500 ML unallocated pool, 500 ML default town allocation) convert policy aims into quantitative scarcity. Where demand exceeds these caps, applicants will compete for allocations or seek alternative sources (recycling, efficiency improvements, or groundwater where permitted). (secs.12, 19, 21)\n\n- Administrative and compliance costs fall mainly on applicants and existing users who want to continue or alter works: they must notify the chief executive about existing works (s.15), may be required to obtain a licence replacing an interim authority if historical use has increased (s.16), may need to provide a registered engineer’s certificate about works capacity (s.17), and may be subject to monitoring requirements set in the resource operations plan (s.23). These are concrete compliance burdens and create friction costs for water users.\n\n- The chief executive has substantial discretionary decision‑making power (to set volumes where not stated, to grant exceptions for town supply, to impose licence conditions and measurement requirements, and to require technical certificates). That concentrates decision authority within the administering agency and makes outcomes depend on administrative procedures and evidentiary standards. (secs.11, 16–17, 19)\n\n- The plan also builds ecosystem considerations into allocation decisions (ecological outcomes, flow protections and specified impacts to consider), which may reduce available entitlements or impose operational constraints (flow conditions, measurement and reporting) on water users. (secs.7–9, 21)\n\n**Trade‑offs, risks and likely behavioural effects**\n\n- Trade‑offs: The plan protects existing entitlements and limits aggregate take to support ecological outcomes. That favours holders of prior entitlements and raises the opportunity cost of new allocations — new users either must displace existing uses, accept stricter conditions, use alternative supplies, or aim to secure part of the limited unallocated pool. (secs.8, 11, 19)\n\n- Rent and concentration risk: Because the chief executive controls discretionary allocation within tight caps, there is a risk that allocation outcomes concentrate benefits (licences) on applicants best able to meet administrative requirements (technical reports, legal advice) rather than solely on economic efficiency. The plan mitigates some risk by listing objective matters the chief executive must consider when allocating unallocated water (s.21), but discretion remains.\n\n- Compliance and implementation risk: The plan depends on a resource operations plan to operationalise many elements (monitoring, measurement methods, procedures to grant unallocated water). Delays or limited resourcing for that operational plan could delay or complicate practical allocation and monitoring. (secs.10, 20, 23, 25)\n\n- Behavioural effects on users: Expect more emphasis on measuring and demonstrating efficient use, engineering certification for works, and consideration of alternative supplies (recycled water, efficiency gains). Overland flow users will either regularise historic use (notification, possible licence) or reduce intake because of the explicit prohibitions and small‑works thresholds. (secs.12, 13–17, 21)\n\n**Who pays and who decides**\n\n- Who pays: Licence applicants, landowners with works, and water users bear compliance costs (applications, engineering certificates, metering and monitoring). Costs may also be borne indirectly by town water consumers if limited unallocated water forces more expensive supply options.\n\n- Who decides: The chief executive (departmental water authority) decides allocations, grants exceptions, imposes conditions and requires monitoring or technical information. The resource operations plan and Minister’s reporting role are the mechanisms for implementing and reviewing the plan. (secs.10, 11, 17, 23)\n\n**Concrete implementation requirements to note**\n\n- Notification for existing overland flow works to continue using them beyond the automatic 1‑year period (s.15).\n- Possible grant of replacement water licences if use appears to have increased, with conditions to cap average annual take (s.16).\n- Requirement that the resource operations plan specify monitoring for water and ecosystems, and that a resource operations plan be prepared within three years to make unallocated water available (ss.23, 25).\n\n(Sections cited above are from the Water Plan (Calliope River Basin) 2006.)"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-calliope-river-basin-2006","history":"/api/acts/water-plan-calliope-river-basin-2006/history","analysis":"/api/acts/water-plan-calliope-river-basin-2006/analysis","conflicts":"/api/acts/water-plan-calliope-river-basin-2006/conflicts","importantCases":"/api/acts/water-plan-calliope-river-basin-2006/important-cases","documents":"/api/acts/water-plan-calliope-river-basin-2006/documents"}}