{"id":"qld:sl-2019-0090","name":"Water Plan (Cape York) 2019","slug":"water-plan-cape-york-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"90 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174024,"registerId":"qld-sl-2019-0090-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis plan may be cited as the Water Plan (Cape York) 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of plan","content":"### sec.2 Purposes of plan\n\nThe purposes of this plan are—\nto define the availability of water to which this plan applies; and\nto provide a framework for sustainably managing water to which this plan applies; and\nto identify priorities and mechanisms for dealing with future water requirements in the plan area; and\nto regulate the taking of and interference with surface water, and the taking of underground water, to which this plan applies; and\nto provide a framework for establishing and managing water allocations; and\nto provide access to water resources to help Aboriginal people and Torres Strait Islanders achieve their economic, social and cultural aspirations; and\nto provide a framework for preventing or, if practicable, reversing the degradation of natural ecosystems caused by the taking of and interference with water to which this plan applies.\n- (a) to define the availability of water to which this plan applies; and\n- (b) to provide a framework for sustainably managing water to which this plan applies; and\n- (c) to identify priorities and mechanisms for dealing with future water requirements in the plan area; and\n- (d) to regulate the taking of and interference with surface water, and the taking of underground water, to which this plan applies; and\n- (e) to provide a framework for establishing and managing water allocations; and\n- (f) to provide access to water resources to help Aboriginal people and Torres Strait Islanders achieve their economic, social and cultural aspirations; and\n- (g) to provide a framework for preventing or, if practicable, reversing the degradation of natural ecosystems caused by the taking of and interference with water to which this plan applies.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 9 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of surface water","content":"### sec.4 Meaning of surface water\n\nSurface water is—\nwater in a watercourse, lake or spring; or\noverland flow water.\n- (a) water in a watercourse, lake or spring; or\n- (b) overland flow water.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Plan area, water to which plan applies and other matters","content":"# Plan area, water to which plan applies and other matters","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Water to which plan applies— Act , s 43","content":"### sec.5 Water to which plan applies— Act , s 43\n\nFor section 43 (1) (a) of the Act , this plan applies to surface water and underground water in the plan area.\nHowever, this plan does not apply to—\nsurface water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or\nunderground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.\n(sec.5-ssec.1) For section 43 (1) (a) of the Act , this plan applies to surface water and underground water in the plan area.\n(sec.5-ssec.2) However, this plan does not apply to— surface water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.\n- (a) surface water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or\n- (b) underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Plan area","content":"### sec.6 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Catchments","content":"### sec.7 Catchments\n\nThe plan area is divided into catchments.\nEach part of the plan area shown as a catchment on the map in schedule 2 is a catchment .\nA reference in this plan to a catchment by name is a reference to the catchment given that name on the map in schedule 2 .\n(sec.7-ssec.1) The plan area is divided into catchments.\n(sec.7-ssec.2) Each part of the plan area shown as a catchment on the map in schedule 2 is a catchment .\n(sec.7-ssec.3) A reference in this plan to a catchment by name is a reference to the catchment given that name on the map in schedule 2 .","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Water management areas— Act , sch 4 , definition water management area","content":"### sec.8 Water management areas— Act , sch 4 , definition water management area\n\nFor schedule 4 of the Act , definition water management area , paragraph (b) , the part of the Endeavour catchment shown as the Endeavour water management area on the map in schedule 3 is a water management area.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Underground water management areas","content":"### sec.9 Underground water management areas\n\nThe plan area is divided into underground water management areas.\nEach part of the plan area shown as an underground water management area on the map in schedule 4 is an underground water management area .\n(sec.9-ssec.1) The plan area is divided into underground water management areas.\n(sec.9-ssec.2) Each part of the plan area shown as an underground water management area on the map in schedule 4 is an underground water management area .","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Water allocation zones","content":"### sec.10 Water allocation zones\n\nEach part of the Endeavour catchment shown as a water allocation zone on the map in schedule 5 is a water allocation zone .","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Water licence zones","content":"### sec.11 Water licence zones\n\nEach part of the plan area shown as a water licence zone on a map in schedule 6 is a water licence zone .\nA reference in this plan to a water licence zone by name is a reference to the water licence zone given that name on the map in schedule 6 .\n(sec.11-ssec.1) Each part of the plan area shown as a water licence zone on a map in schedule 6 is a water licence zone .\n(sec.11-ssec.2) A reference in this plan to a water licence zone by name is a reference to the water licence zone given that name on the map in schedule 6 .","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Trading zones— Act , s 43","content":"### sec.12 Trading zones— Act , s 43\n\nFor section 43 (1) (e) (i) of the Act —\na water allocation zone is a trading zone for water allocations; and\na water licence zone is a trading zone for water licences.\n- (a) a water allocation zone is a trading zone for water allocations; and\n- (b) a water licence zone is a trading zone for water licences.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Nodes","content":"### sec.13 Nodes\n\nA node is a point in the plan area.\nThe location of each node is identified by a letter on the map, and described in the table, in schedule 1 .\nA node may be referred to in this plan by its letter.\n(sec.13-ssec.1) A node is a point in the plan area.\n(sec.13-ssec.2) The location of each node is identified by a letter on the map, and described in the table, in schedule 1 .\n(sec.13-ssec.3) A node may be referred to in this plan by its letter.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Information about areas","content":"### sec.14 Information about areas\n\nThe exact location of the boundaries of each of the following is held in digital electronic form by the department and may be accessed at each office of the department—\nthe plan area;\na catchment;\na water management area;\nan underground water management area;\na water allocation zone;\na water licence zone.\nThe location of each office of the department is available on the department’s website.\n- (a) the plan area;\n- (b) a catchment;\n- (c) a water management area;\n- (d) an underground water management area;\n- (e) a water allocation zone;\n- (f) a water licence zone.","sortOrder":15},{"sectionNumber":"pt.3","sectionType":"part","heading":"Water plan outcomes","content":"# Water plan outcomes","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Purpose of part","content":"### sec.15 Purpose of part\n\nThis part states, for section 43 (1) (b) of the Act , the water plan outcomes for this plan.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"General water plan outcome","content":"### sec.16 General water plan outcome\n\nA water plan outcome for this plan is that water to which this plan applies is to be allocated and managed in a way that—\nrecognises the natural state of watercourses, lakes, springs and aquifers may change because of the taking of, or interference with, water; and\nseeks to achieve a balance between—\nthe economic water plan outcomes stated in section 17 ; and\nthe social water plan outcomes stated in section 18 ; and\nthe cultural water plan outcomes stated in section 19 ; and\nthe environmental water plan outcomes stated in section 20 ; and\npromotes improved understanding of—\nmatters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and\nthe flow requirements of ecosystems in the plan area; and\nthe water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and\nthe water required to deliver social and economic benefits to communities in the plan area; and\nthe impact of climate change on water availability.\n- (a) recognises the natural state of watercourses, lakes, springs and aquifers may change because of the taking of, or interference with, water; and\n- (b) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 17 ; and (ii) the social water plan outcomes stated in section 18 ; and (iii) the cultural water plan outcomes stated in section 19 ; and (iv) the environmental water plan outcomes stated in section 20 ; and\n- (i) the economic water plan outcomes stated in section 17 ; and\n- (ii) the social water plan outcomes stated in section 18 ; and\n- (iii) the cultural water plan outcomes stated in section 19 ; and\n- (iv) the environmental water plan outcomes stated in section 20 ; and\n- (c) promotes improved understanding of— (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and (ii) the flow requirements of ecosystems in the plan area; and (iii) the water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and (iv) the water required to deliver social and economic benefits to communities in the plan area; and (v) the impact of climate change on water availability.\n- (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and\n- (ii) the flow requirements of ecosystems in the plan area; and\n- (iii) the water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and\n- (iv) the water required to deliver social and economic benefits to communities in the plan area; and\n- (v) the impact of climate change on water availability.\n- (i) the economic water plan outcomes stated in section 17 ; and\n- (ii) the social water plan outcomes stated in section 18 ; and\n- (iii) the cultural water plan outcomes stated in section 19 ; and\n- (iv) the environmental water plan outcomes stated in section 20 ; and\n- (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and\n- (ii) the flow requirements of ecosystems in the plan area; and\n- (iii) the water required for social, spiritual and cultural uses by Aboriginal people and Torres Strait Islanders; and\n- (iv) the water required to deliver social and economic benefits to communities in the plan area; and\n- (v) the impact of climate change on water availability.","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Water plan outcomes—economic","content":"### sec.17 Water plan outcomes—economic\n\nThe economic water plan outcomes for this plan are—\nto maintain the probability of being able to take water to which this plan applies under an authorisation; and\nto support the effective and efficient operation of the market in water allocations and relocatable water licences; and\nto facilitate economic development through the growth and expansion of industries dependent on water resources in the plan area; and\nto maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area, including, for example, grazing, irrigated agriculture, mining, fishing and tourism; and\nto make water to which this plan applies available to support the economic aspirations of Aboriginal people and Torres Strait Islanders; and\nto provide a flow regime that supports the suitability of water for industries dependent on water resources in the plan area.\nIn this section—\nrelocatable water licence means a water licence that the water management protocol states may be relocated, in whole or in part, by amending the licence to change the location from which water may be taken under the licence.\n(sec.17-ssec.1) The economic water plan outcomes for this plan are— to maintain the probability of being able to take water to which this plan applies under an authorisation; and to support the effective and efficient operation of the market in water allocations and relocatable water licences; and to facilitate economic development through the growth and expansion of industries dependent on water resources in the plan area; and to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area, including, for example, grazing, irrigated agriculture, mining, fishing and tourism; and to make water to which this plan applies available to support the economic aspirations of Aboriginal people and Torres Strait Islanders; and to provide a flow regime that supports the suitability of water for industries dependent on water resources in the plan area.\n(sec.17-ssec.2) In this section— relocatable water licence means a water licence that the water management protocol states may be relocated, in whole or in part, by amending the licence to change the location from which water may be taken under the licence.\n- (a) to maintain the probability of being able to take water to which this plan applies under an authorisation; and\n- (b) to support the effective and efficient operation of the market in water allocations and relocatable water licences; and\n- (c) to facilitate economic development through the growth and expansion of industries dependent on water resources in the plan area; and\n- (d) to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area, including, for example, grazing, irrigated agriculture, mining, fishing and tourism; and\n- (e) to make water to which this plan applies available to support the economic aspirations of Aboriginal people and Torres Strait Islanders; and\n- (f) to provide a flow regime that supports the suitability of water for industries dependent on water resources in the plan area.","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Water plan outcomes—social","content":"### sec.18 Water plan outcomes—social\n\nThe social water plan outcomes for this plan are—\nto maintain—\nthe availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and\nthe flows of water to which this plan applies that support water-related aesthetic, environmental, non-indigenous cultural and recreational values; and\na flow regime that supports the suitability of water for water-related aesthetic, cultural and recreational values; and\nto provide water to which this plan applies for domestic purposes in the plan area; and\nto make water to which this plan applies available to support the social aspirations of Aboriginal people and Torres Strait Islanders.\n- (a) to maintain— (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and (ii) the flows of water to which this plan applies that support water-related aesthetic, environmental, non-indigenous cultural and recreational values; and (iii) a flow regime that supports the suitability of water for water-related aesthetic, cultural and recreational values; and\n- (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and\n- (ii) the flows of water to which this plan applies that support water-related aesthetic, environmental, non-indigenous cultural and recreational values; and\n- (iii) a flow regime that supports the suitability of water for water-related aesthetic, cultural and recreational values; and\n- (b) to provide water to which this plan applies for domestic purposes in the plan area; and\n- (c) to make water to which this plan applies available to support the social aspirations of Aboriginal people and Torres Strait Islanders.\n- (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and\n- (ii) the flows of water to which this plan applies that support water-related aesthetic, environmental, non-indigenous cultural and recreational values; and\n- (iii) a flow regime that supports the suitability of water for water-related aesthetic, cultural and recreational values; and","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Water plan outcomes—cultural","content":"### sec.19 Water plan outcomes—cultural\n\nThe cultural water plan outcomes for this plan are—\nto make water to which this plan applies available to support the cultural aspirations of Aboriginal people and Torres Strait Islanders; and\nto maintain the flows of water to which this plan applies that support the water-related cultural, spiritual and social values of Aboriginal people and Torres Strait Islanders; and\nto support the continuation of the cultural knowledge and practices of Aboriginal people and Torres Strait Islanders that relate to water for future generations; and\nto recognise and respect the cultural and spiritual connection to water of Aboriginal people and Torres Strait Islanders; and\nto engage Aboriginal people and Torres Strait Islanders, as the traditional custodians and owners of land, in the management and allocation of water in the plan area; and\nto integrate knowledge about Aboriginal tradition, Island custom and science into the processes for making decisions about the future management, allocation and use of water in the plan area.\n- (a) to make water to which this plan applies available to support the cultural aspirations of Aboriginal people and Torres Strait Islanders; and\n- (b) to maintain the flows of water to which this plan applies that support the water-related cultural, spiritual and social values of Aboriginal people and Torres Strait Islanders; and\n- (c) to support the continuation of the cultural knowledge and practices of Aboriginal people and Torres Strait Islanders that relate to water for future generations; and\n- (d) to recognise and respect the cultural and spiritual connection to water of Aboriginal people and Torres Strait Islanders; and\n- (e) to engage Aboriginal people and Torres Strait Islanders, as the traditional custodians and owners of land, in the management and allocation of water in the plan area; and\n- (f) to integrate knowledge about Aboriginal tradition, Island custom and science into the processes for making decisions about the future management, allocation and use of water in the plan area.","sortOrder":21},{"sectionNumber":"sec.20","sectionType":"section","heading":"Water plan outcomes—environmental","content":"### sec.20 Water plan outcomes—environmental\n\nThe environmental water plan outcomes for this plan are—\nto minimise changes to flows of water, including natural variability of flows, in the plan area that support—\nwaterholes as refugia; and\nfish spawning, fish movement and fish recruitment; and\nfloodplain ecosystems; and\nwetlands; and\nriver-forming processes; and\nriffle habitats; and\nenvironmental values and water quality objectives established under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 for water in a catchment in the plan area, and water that flows from that catchment to the Great Barrier Reef and the Gulf of Carpentaria; and\nto maintain an underground water regime in the plan area that supports ecosystems dependent on the underground water to which this plan applies; and\nto provide a flow regime that—\nmaintains the flow of fresh water from estuaries in the plan area to the marine waters of the Great Barrier Reef and the Gulf of Carpentaria; and\nsupports productive ecosystems in the receiving waters of the Great Barrier Reef and the Gulf of Carpentaria.\nIn this section—\nfish recruitment means the successful development and growth of juvenile fish to a stage at which the fish are able to reproduce.\nreceiving waters means waters that receive flows of water from the plan area.\ns 20 amd 2019 SL No. 155 s 230\n(sec.20-ssec.1) The environmental water plan outcomes for this plan are— to minimise changes to flows of water, including natural variability of flows, in the plan area that support— waterholes as refugia; and fish spawning, fish movement and fish recruitment; and floodplain ecosystems; and wetlands; and river-forming processes; and riffle habitats; and environmental values and water quality objectives established under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 for water in a catchment in the plan area, and water that flows from that catchment to the Great Barrier Reef and the Gulf of Carpentaria; and to maintain an underground water regime in the plan area that supports ecosystems dependent on the underground water to which this plan applies; and to provide a flow regime that— maintains the flow of fresh water from estuaries in the plan area to the marine waters of the Great Barrier Reef and the Gulf of Carpentaria; and supports productive ecosystems in the receiving waters of the Great Barrier Reef and the Gulf of Carpentaria.\n(sec.20-ssec.2) In this section— fish recruitment means the successful development and growth of juvenile fish to a stage at which the fish are able to reproduce. receiving waters means waters that receive flows of water from the plan area.\n- (a) to minimise changes to flows of water, including natural variability of flows, in the plan area that support— (i) waterholes as refugia; and (ii) fish spawning, fish movement and fish recruitment; and (iii) floodplain ecosystems; and (iv) wetlands; and (v) river-forming processes; and (vi) riffle habitats; and (vii) environmental values and water quality objectives established under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 for water in a catchment in the plan area, and water that flows from that catchment to the Great Barrier Reef and the Gulf of Carpentaria; and\n- (i) waterholes as refugia; and\n- (ii) fish spawning, fish movement and fish recruitment; and\n- (iii) floodplain ecosystems; and\n- (iv) wetlands; and\n- (v) river-forming processes; and\n- (vi) riffle habitats; and\n- (vii) environmental values and water quality objectives established under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 for water in a catchment in the plan area, and water that flows from that catchment to the Great Barrier Reef and the Gulf of Carpentaria; and\n- (b) to maintain an underground water regime in the plan area that supports ecosystems dependent on the underground water to which this plan applies; and\n- (c) to provide a flow regime that— (i) maintains the flow of fresh water from estuaries in the plan area to the marine waters of the Great Barrier Reef and the Gulf of Carpentaria; and (ii) supports productive ecosystems in the receiving waters of the Great Barrier Reef and the Gulf of Carpentaria.\n- (i) maintains the flow of fresh water from estuaries in the plan area to the marine waters of the Great Barrier Reef and the Gulf of Carpentaria; and\n- (ii) supports productive ecosystems in the receiving waters of the Great Barrier Reef and the Gulf of Carpentaria.\n- (i) waterholes as refugia; and\n- (ii) fish spawning, fish movement and fish recruitment; and\n- (iii) floodplain ecosystems; and\n- (iv) wetlands; and\n- (v) river-forming processes; and\n- (vi) riffle habitats; and\n- (vii) environmental values and water quality objectives established under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 for water in a catchment in the plan area, and water that flows from that catchment to the Great Barrier Reef and the Gulf of Carpentaria; and\n- (i) maintains the flow of fresh water from estuaries in the plan area to the marine waters of the Great Barrier Reef and the Gulf of Carpentaria; and\n- (ii) supports productive ecosystems in the receiving waters of the Great Barrier Reef and the Gulf of Carpentaria.","sortOrder":22},{"sectionNumber":"pt.4","sectionType":"part","heading":"Measures for achieving water plan outcomes","content":"# Measures for achieving water plan outcomes","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"General measures that contribute to achieving water plan outcomes","content":"### sec.21 General measures that contribute to achieving water plan outcomes\n\nMeasures that contribute to achieving the water plan outcomes stated in sections 17 (1) (a) and 20 (1) are—\nby 31 December 2022, all water entitlements are measured as directed by the chief executive; and\nall water entitlements granted after the commencement are measured, as directed by the chief executive, when they are granted.\nA measure that contributes to achieving the water plan outcomes stated in sections 16 to 20 is, by 30 June 2020, the chief executive develops a monitoring, evaluation and reporting strategy to support the assessment of the effectiveness of this plan and its implementation.\nA measure that contributes to achieving the water plan outcomes stated in section 16 (a) and 20 (1) (b) is, by 30 June 2020, the chief executive develops a monitoring, evaluation and reporting strategy to support the assessment of springs and the underground water regime in the Lakeland water licence zones 1 and 2.\nA measure that contributes to achieving the water plan outcome stated in section 17 (1) (a) is, within 5 years after the commencement, the chief executive authorises, under the water management protocol, the use or continued use of existing works to take overland flow water.\n(sec.21-ssec.1) Measures that contribute to achieving the water plan outcomes stated in sections 17 (1) (a) and 20 (1) are— by 31 December 2022, all water entitlements are measured as directed by the chief executive; and all water entitlements granted after the commencement are measured, as directed by the chief executive, when they are granted.\n(sec.21-ssec.2) A measure that contributes to achieving the water plan outcomes stated in sections 16 to 20 is, by 30 June 2020, the chief executive develops a monitoring, evaluation and reporting strategy to support the assessment of the effectiveness of this plan and its implementation.\n(sec.21-ssec.3) A measure that contributes to achieving the water plan outcomes stated in section 16 (a) and 20 (1) (b) is, by 30 June 2020, the chief executive develops a monitoring, evaluation and reporting strategy to support the assessment of springs and the underground water regime in the Lakeland water licence zones 1 and 2.\n(sec.21-ssec.4) A measure that contributes to achieving the water plan outcome stated in section 17 (1) (a) is, within 5 years after the commencement, the chief executive authorises, under the water management protocol, the use or continued use of existing works to take overland flow water.\n- (a) by 31 December 2022, all water entitlements are measured as directed by the chief executive; and\n- (b) all water entitlements granted after the commencement are measured, as directed by the chief executive, when they are granted.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Measures that contribute to achieving particular economic and social water plan outcomes","content":"### sec.22 Measures that contribute to achieving particular economic and social water plan outcomes\n\nMeasures that contribute to achieving the water plan outcomes stated in sections 17 (1) (b) and (e) and 18 (c) are—\ninformation about the number and volume of water licence trades is collected and analysed; and\ninformation about the number, value and volume of water allocation trades is collected and analysed; and\nopportunities to improve the effectiveness and efficiency of the market in tradeable water entitlements are analysed; and\nthe chief executive publishes the information and analysis mentioned in paragraphs (a) and (b) within 5 years after the commencement; and\nwater entitlements authorising the taking of unallocated water in the Cape York Peninsula Heritage Area, reserved under this plan, are granted to eligible persons for achieving the water plan outcome mentioned in section 19 (a) within 5 years after the commencement.\nSee section 31 for unallocated water reserved under this plan.\n- (a) information about the number and volume of water licence trades is collected and analysed; and\n- (b) information about the number, value and volume of water allocation trades is collected and analysed; and\n- (c) opportunities to improve the effectiveness and efficiency of the market in tradeable water entitlements are analysed; and\n- (d) the chief executive publishes the information and analysis mentioned in paragraphs (a) and (b) within 5 years after the commencement; and\n- (e) water entitlements authorising the taking of unallocated water in the Cape York Peninsula Heritage Area, reserved under this plan, are granted to eligible persons for achieving the water plan outcome mentioned in section 19 (a) within 5 years after the commencement. Note— See section 31 for unallocated water reserved under this plan.","sortOrder":25},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objectives and performance indicators","content":"# Objectives and performance indicators","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Environmental flow objectives and performance indicators— Act , s 43","content":"### sec.23 Environmental flow objectives and performance indicators— Act , s 43\n\nFor section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 .\nThe performance indicators for the environmental flow objectives are stated in schedule 7 .\n(sec.23-ssec.1) For section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 .\n(sec.23-ssec.2) The performance indicators for the environmental flow objectives are stated in schedule 7 .","sortOrder":27},{"sectionNumber":"sec.24","sectionType":"section","heading":"Water allocation security objectives and performance indicators— Act , s 43","content":"### sec.24 Water allocation security objectives and performance indicators— Act , s 43\n\nFor section 43 (1) (e) (ii) of the Act , the water allocation security objectives for taking unsupplemented water to which this plan applies are as follows—\nfor water allocation group class 1—an annual volume probability of at least 80%;\nfor water allocation group class 2—an annual volume probability of at least 50%.\nSee section 45 in relation to the water allocation groups for this plan.\nThe performance indicator for the water allocation security objective for each water allocation group mentioned in subsection (1) is the annual volume probability stated for the water allocation group.\nIn this section—\nannual volume probability , for a water allocation group, means the percentage of the years in the simulation period in which the volume of water permitted to have been taken by the group was at least the total of the nominal volumes for the allocations in the group.\n(sec.24-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objectives for taking unsupplemented water to which this plan applies are as follows— for water allocation group class 1—an annual volume probability of at least 80%; for water allocation group class 2—an annual volume probability of at least 50%. See section 45 in relation to the water allocation groups for this plan.\n(sec.24-ssec.2) The performance indicator for the water allocation security objective for each water allocation group mentioned in subsection (1) is the annual volume probability stated for the water allocation group.\n(sec.24-ssec.3) In this section— annual volume probability , for a water allocation group, means the percentage of the years in the simulation period in which the volume of water permitted to have been taken by the group was at least the total of the nominal volumes for the allocations in the group.\n- (a) for water allocation group class 1—an annual volume probability of at least 80%;\n- (b) for water allocation group class 2—an annual volume probability of at least 50%.","sortOrder":28},{"sectionNumber":"pt.6","sectionType":"part","heading":"Strategies for achieving water plan outcomes","content":"# Strategies for achieving water plan outcomes","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Decisions to be consistent with objectives","content":"### sec.25 Decisions to be consistent with objectives\n\nA decision made by the chief executive, under chapter 2 of the Act about the allocation or management of water to which this plan applies, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives stated in section 23 ; and\nthe water allocation security objectives stated in section 24 .\n- (a) the environmental flow objectives stated in section 23 ; and\n- (b) the water allocation security objectives stated in section 24 .","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Assessing impact of decisions about surface water","content":"### sec.26 Assessing impact of decisions about surface water\n\nThe Source Rivers computer program’s simulation for the simulation period must be used—\nto assess, for section 25 , the consistency of a decision with the environmental flow objectives and the water allocation security objectives; and\nto assist the chief executive to decide flow conditions for water licences.\nIf it is not practicable to use the Source Rivers computer program’s simulation, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection (2) if the chief executive is satisfied the method will accurately assess—\nfor section 25 , the consistency of a decision with the environmental flow objectives and the water allocation security objectives; and\nthe water plan outcomes for this plan.\n(sec.26-ssec.1) The Source Rivers computer program’s simulation for the simulation period must be used— to assess, for section 25 , the consistency of a decision with the environmental flow objectives and the water allocation security objectives; and to assist the chief executive to decide flow conditions for water licences.\n(sec.26-ssec.2) If it is not practicable to use the Source Rivers computer program’s simulation, another assessment method approved by the chief executive may be used.\n(sec.26-ssec.3) The chief executive may approve an assessment method for subsection (2) if the chief executive is satisfied the method will accurately assess— for section 25 , the consistency of a decision with the environmental flow objectives and the water allocation security objectives; and the water plan outcomes for this plan.\n- (a) to assess, for section 25 , the consistency of a decision with the environmental flow objectives and the water allocation security objectives; and\n- (b) to assist the chief executive to decide flow conditions for water licences.\n- (a) for section 25 , the consistency of a decision with the environmental flow objectives and the water allocation security objectives; and\n- (b) the water plan outcomes for this plan.","sortOrder":31},{"sectionNumber":"pt.7","sectionType":"part","heading":"Limitations on taking or interfering with water","content":"# Limitations on taking or interfering with water","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Limitations on taking or interfering with water for prescribed activities— Act , s 101","content":"### sec.27 Limitations on taking or interfering with water for prescribed activities— Act , s 101\n\nFor section 101 (1) of the Act , during a water year, a person must not take a total of more than 5ML of water to which this plan applies for activities prescribed under section 101 (1) (a) of the Act .\nHowever, a person must not take underground water to which this plan applies from Lakeland water licence zone 1 or 2 for an activity prescribed under section 101 (1) (a) of the Act .\n(sec.27-ssec.1) For section 101 (1) of the Act , during a water year, a person must not take a total of more than 5ML of water to which this plan applies for activities prescribed under section 101 (1) (a) of the Act .\n(sec.27-ssec.2) However, a person must not take underground water to which this plan applies from Lakeland water licence zone 1 or 2 for an activity prescribed under section 101 (1) (a) of the Act .","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 101","content":"### sec.28 Limitation on taking overland flow water— Act , s 101\n\nFor section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless—\nthe water is taken under a water licence; or\nthe water is taken for stock purposes or domestic purposes; or\nthe water is taken using existing works in the plan area and the take of overland flow water is authorised under the water management protocol; or\nthe water is taken using works, other than existing works, if—\nthe chief executive received a notice about the construction of the works before 31 July 2018; and\nif a development approval is required for the works—the development approval is granted on or before 31 December 2021; and\nthe take of water is authorised under the water management protocol; or\nthe water is taken in a catchment, other than the Normanby catchment, using works that have a capacity of not more than 50ML.\nSee section 101 (3) of the Act for when a person can not be prevented from taking overland flow water that is contaminated agricultural run-off.\n- (a) the water is taken under a water licence; or\n- (b) the water is taken for stock purposes or domestic purposes; or\n- (c) the water is taken using existing works in the plan area and the take of overland flow water is authorised under the water management protocol; or\n- (d) the water is taken using works, other than existing works, if— (i) the chief executive received a notice about the construction of the works before 31 July 2018; and (ii) if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and (iii) the take of water is authorised under the water management protocol; or\n- (i) the chief executive received a notice about the construction of the works before 31 July 2018; and\n- (ii) if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and\n- (iii) the take of water is authorised under the water management protocol; or\n- (e) the water is taken in a catchment, other than the Normanby catchment, using works that have a capacity of not more than 50ML.\n- (i) the chief executive received a notice about the construction of the works before 31 July 2018; and\n- (ii) if a development approval is required for the works—the development approval is granted on or before 31 December 2021; and\n- (iii) the take of water is authorised under the water management protocol; or","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Limitation on taking or interfering with underground water— Act , s 101","content":"### sec.29 Limitation on taking or interfering with underground water— Act , s 101\n\nFor section 101 (1) of the Act , a person must not take underground water to which this plan applies under section 101 (1) (c) of the Act , from an underground water management area, unless—\nthe water is taken under a water licence or water permit; or\nthe water is taken for stock purposes or domestic purposes.\n- (a) the water is taken under a water licence or water permit; or\n- (b) the water is taken for stock purposes or domestic purposes.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Limitation on authorisation to take water for stock or domestic purposes— Act , s 103","content":"### sec.30 Limitation on authorisation to take water for stock or domestic purposes— Act , s 103\n\nFor section 103 (a) of the Act , the water may be taken—\nfor the Endeavour catchment, Jeannie catchment or Normanby catchment, only—\nfrom a location stated on a water licence; and\nin a way authorised under a water licence; and\nfor another catchment in the plan area—in any way.\n- (a) for the Endeavour catchment, Jeannie catchment or Normanby catchment, only— (i) from a location stated on a water licence; and (ii) in a way authorised under a water licence; and\n- (i) from a location stated on a water licence; and\n- (ii) in a way authorised under a water licence; and\n- (b) for another catchment in the plan area—in any way.\n- (i) from a location stated on a water licence; and\n- (ii) in a way authorised under a water licence; and","sortOrder":36},{"sectionNumber":"pt.8","sectionType":"part","heading":"Unallocated water","content":"# Unallocated water","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Unallocated water reserved under this plan— Act , s 43","content":"### sec.31 Unallocated water reserved under this plan— Act , s 43\n\nFor section 43 (1) (c) of the Act , the volume of unallocated water reserved under this plan is 516,350ML.\nThe unallocated water reserved in a catchment is held as 1 or more of the following types of reserve—\na Cape York Peninsula Heritage Area reserve;\na strategic reserve;\na general reserve.\nSee the water management protocol for the volumes of unallocated water held for particular parts of the plan area.\n(sec.31-ssec.1) For section 43 (1) (c) of the Act , the volume of unallocated water reserved under this plan is 516,350ML.\n(sec.31-ssec.2) The unallocated water reserved in a catchment is held as 1 or more of the following types of reserve— a Cape York Peninsula Heritage Area reserve; a strategic reserve; a general reserve. See the water management protocol for the volumes of unallocated water held for particular parts of the plan area.\n- (a) a Cape York Peninsula Heritage Area reserve;\n- (b) a strategic reserve;\n- (c) a general reserve.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Purpose for which unallocated water held as reserve may be granted","content":"### sec.32 Purpose for which unallocated water held as reserve may be granted\n\nUnallocated water held as a Cape York Peninsula Heritage Area reserve may be granted to an eligible person to help an Aboriginal or Torres Strait Islander community in the Cape York Peninsula Region achieve its economic and social aspirations.\nUnallocated water held as a strategic reserve may be granted—\nfor a State purpose; or\nto an eligible person for a project for the economic or social benefit of Aboriginal people or Torres Strait Islanders.\nUnallocated water held as a general reserve may be granted for any purpose.\nEach of the following is a State purpose —\na coordinated project;\na project of regional significance;\na town water supply purpose.\nA project is a project of regional significance if the chief executive considers the project is significant for a region in the plan area after considering the following matters—\nthe outcomes stated in part 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 matter.\nAn eligible person is—\nan entity that holds land under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991 ; or\na native title holder under the Native Title Act 1993 (Cwlth) .\n(sec.32-ssec.1) Unallocated water held as a Cape York Peninsula Heritage Area reserve may be granted to an eligible person to help an Aboriginal or Torres Strait Islander community in the Cape York Peninsula Region achieve its economic and social aspirations.\n(sec.32-ssec.2) Unallocated water held as a strategic reserve may be granted— for a State purpose; or to an eligible person for a project for the economic or social benefit of Aboriginal people or Torres Strait Islanders.\n(sec.32-ssec.3) Unallocated water held as a general reserve may be granted for any purpose.\n(sec.32-ssec.4) Each of the following is a State purpose — a coordinated project; a project of regional significance; a town water supply purpose.\n(sec.32-ssec.5) A project is a project of regional significance if the chief executive considers the project is significant for a region in the plan area after considering the following matters— the outcomes stated in part 3 ; the economic or social impact the project will have on the region; the public interest and the welfare of people in the region; any other relevant matter.\n(sec.32-ssec.6) An eligible person is— an entity that holds land under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991 ; or a native title holder under the Native Title Act 1993 (Cwlth) .\n- (a) for a State purpose; or\n- (b) to an eligible person for a project for the economic or social benefit of Aboriginal people or Torres Strait Islanders.\n- (a) a coordinated project;\n- (b) a project of regional significance;\n- (c) a town water supply purpose.\n- (a) the outcomes stated in part 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 matter.\n- (a) an entity that holds land under the Aboriginal Land Act 1991 or Torres Strait Islander Land Act 1991 ; or\n- (b) a native title holder under the Native Title Act 1993 (Cwlth) .","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Offer for particular water licences","content":"### sec.33 Offer for particular water licences\n\nSubsection (2) applies to an eligible person if—\nthe eligible person has an interest in land in a catchment; and\non the commencement, there is unallocated water held as a Cape York Peninsula Heritage Area reserve in the catchment.\nThe chief executive must offer to grant the eligible person a water licence to take water to be released from the Cape York Peninsula Heritage Area reserve in the catchment for the purpose mentioned in section 32 (1) .\nSubsection (4) applies to an eligible person if—\nthe eligible person has an interest in land in a catchment; and\non the commencement, there is no unallocated water held as a Cape York Peninsula Heritage Area reserve in the catchment.\nThe eligible person may ask the chief executive, in writing, to offer to grant the person a water licence to take water to be released from a strategic reserve in the catchment for a project mentioned in section 32 (2) (b) .\n(sec.33-ssec.1) Subsection (2) applies to an eligible person if— the eligible person has an interest in land in a catchment; and on the commencement, there is unallocated water held as a Cape York Peninsula Heritage Area reserve in the catchment.\n(sec.33-ssec.2) The chief executive must offer to grant the eligible person a water licence to take water to be released from the Cape York Peninsula Heritage Area reserve in the catchment for the purpose mentioned in section 32 (1) .\n(sec.33-ssec.3) Subsection (4) applies to an eligible person if— the eligible person has an interest in land in a catchment; and on the commencement, there is no unallocated water held as a Cape York Peninsula Heritage Area reserve in the catchment.\n(sec.33-ssec.4) The eligible person may ask the chief executive, in writing, to offer to grant the person a water licence to take water to be released from a strategic reserve in the catchment for a project mentioned in section 32 (2) (b) .\n- (a) the eligible person has an interest in land in a catchment; and\n- (b) on the commencement, there is unallocated water held as a Cape York Peninsula Heritage Area reserve in the catchment.\n- (a) the eligible person has an interest in land in a catchment; and\n- (b) on the commencement, there is no unallocated water held as a Cape York Peninsula Heritage Area reserve in the catchment.","sortOrder":40},{"sectionNumber":"sec.34","sectionType":"section","heading":"Processes for releasing unallocated water— Act , s 43","content":"### sec.34 Processes for releasing unallocated water— Act , s 43\n\nFor section 43 (2) (f) of the Act , this section states the process for releasing unallocated water reserved under this plan.\nThe processes for releasing unallocated water stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 and the water management protocol apply for releasing unallocated water—\nheld as a general reserve; or\nif the water is being released for a State purpose—held as a strategic reserve.\nSee also section 43 (3) of the Act for how this section does not override, or prevent, a limitation, a condition or a matter that must or may be considered under this plan.\nSubject to section 33 , the process for releasing unallocated water stated in the water management protocol applies for releasing unallocated water—\nheld as a Cape York Peninsula Heritage Area reserve; or\nif the water is being released for a project mentioned in section 32 (2) (b) —held as a strategic reserve.\n(sec.34-ssec.1) For section 43 (2) (f) of the Act , this section states the process for releasing unallocated water reserved under this plan.\n(sec.34-ssec.2) The processes for releasing unallocated water stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 and the water management protocol apply for releasing unallocated water— held as a general reserve; or if the water is being released for a State purpose—held as a strategic reserve. See also section 43 (3) of the Act for how this section does not override, or prevent, a limitation, a condition or a matter that must or may be considered under this plan.\n(sec.34-ssec.3) Subject to section 33 , the process for releasing unallocated water stated in the water management protocol applies for releasing unallocated water— held as a Cape York Peninsula Heritage Area reserve; or if the water is being released for a project mentioned in section 32 (2) (b) —held as a strategic reserve.\n- (a) held as a general reserve; or\n- (b) if the water is being released for a State purpose—held as a strategic reserve.\n- (a) held as a Cape York Peninsula Heritage Area reserve; or\n- (b) if the water is being released for a project mentioned in section 32 (2) (b) —held as a strategic reserve.","sortOrder":41},{"sectionNumber":"sec.35","sectionType":"section","heading":"Expiry of water entitlement granted for particular projects","content":"### sec.35 Expiry of water entitlement granted for particular projects\n\nA water entitlement granted for a coordinated project or a project of regional significance from water released from a strategic reserve expires when the project ends.\nWhen the water entitlement expires, the volume of water granted under the entitlement becomes unallocated water held as a strategic reserve.\n(sec.35-ssec.1) A water entitlement granted for a coordinated project or a project of regional significance from water released from a strategic reserve expires when the project ends.\n(sec.35-ssec.2) When the water entitlement expires, the volume of water granted under the entitlement becomes unallocated water held as a strategic reserve.","sortOrder":42},{"sectionNumber":"pt.9","sectionType":"part","heading":"Converting water licences to water allocations to take unsupplemented water","content":"# Converting water licences to water allocations to take unsupplemented water","sortOrder":43},{"sectionNumber":"sec.36","sectionType":"section","heading":"Purpose of part","content":"### sec.36 Purpose of part\n\nFor section 43 (2) (g) of the Act , this part states the arrangements and process for converting, under a water entitlement notice for this plan, particular water licences to water allocations.","sortOrder":44},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application of part","content":"### sec.37 Application of part\n\nThis part applies if a water entitlement notice for this plan provides for a water licence to take unsupplemented water from the Endeavour water management area to be converted to a water allocation (a new water allocation ) to take unsupplemented water.\nIn a provision about the new water allocation, a reference to the water licence being converted is a reference to the water licence that is converted to the new water allocation under section 146 of the Act .\n(sec.37-ssec.1) This part applies if a water entitlement notice for this plan provides for a water licence to take unsupplemented water from the Endeavour water management area to be converted to a water allocation (a new water allocation ) to take unsupplemented water.\n(sec.37-ssec.2) In a provision about the new water allocation, a reference to the water licence being converted is a reference to the water licence that is converted to the new water allocation under section 146 of the Act .","sortOrder":45},{"sectionNumber":"sec.38","sectionType":"section","heading":"Location for taking water","content":"### sec.38 Location for taking water\n\nThe location from which water may be taken under the new water allocation must be in a water allocation zone.","sortOrder":46},{"sectionNumber":"sec.39","sectionType":"section","heading":"Purpose for taking water","content":"### sec.39 Purpose for taking water\n\nThe purpose stated on the new water allocation must be ‘urban’ or ‘any’.","sortOrder":47},{"sectionNumber":"sec.40","sectionType":"section","heading":"Nominal volume","content":"### sec.40 Nominal volume\n\nThe chief executive must decide the nominal volume for the new water allocation based on an assessment of the water taken under the water licence being converted.\nSee the Water Regulation 2016 , section 46 for the matters the chief executive must consider in deciding the nominal volume for the new water allocation.\nFor the Water Regulation 2016 , section 46 (1) (e) , in deciding the nominal volume for the water allocation, the chief executive must also have regard to the simulated mean annual diversion for the water allocation.\nIn this section—\nsimulated mean annual diversion , for the new water allocation, means—\nthe total volume of water simulated to have been taken under the water allocation—\nusing the Source Rivers computer program; and\nas if the new water allocation had been in existence for the whole of the simulation period; and\ndivided by the number of years in the simulation period.\n(sec.40-ssec.1) The chief executive must decide the nominal volume for the new water allocation based on an assessment of the water taken under the water licence being converted. See the Water Regulation 2016 , section 46 for the matters the chief executive must consider in deciding the nominal volume for the new water allocation.\n(sec.40-ssec.2) For the Water Regulation 2016 , section 46 (1) (e) , in deciding the nominal volume for the water allocation, the chief executive must also have regard to the simulated mean annual diversion for the water allocation.\n(sec.40-ssec.3) In this section— simulated mean annual diversion , for the new water allocation, means— the total volume of water simulated to have been taken under the water allocation— using the Source Rivers computer program; and as if the new water allocation had been in existence for the whole of the simulation period; and divided by the number of years in the simulation period.\n- (a) the total volume of water simulated to have been taken under the water allocation— (i) using the Source Rivers computer program; and (ii) as if the new water allocation had been in existence for the whole of the simulation period; and\n- (i) using the Source Rivers computer program; and\n- (ii) as if the new water allocation had been in existence for the whole of the simulation period; and\n- (b) divided by the number of years in the simulation period.\n- (i) using the Source Rivers computer program; and\n- (ii) as if the new water allocation had been in existence for the whole of the simulation period; and","sortOrder":48},{"sectionNumber":"sec.41","sectionType":"section","heading":"Maximum rate","content":"### sec.41 Maximum rate\n\nThe maximum rate for the new water allocation must be—\nif the water licence being converted states the volume of water that may be taken under the licence in a day—the stated volume; or\nif paragraph (a) does not apply, but the water licence being converted states a maximum volume of water, expressed in litres, that may be taken under the licence in a second—the volume, expressed in megalitres, calculated by multiplying the stated maximum volume by 0.0864 and rounded to the nearest 1 decimal point; or\notherwise—the maximum rate decided by the chief executive after considering the matters stated in section 43 .\nSee also the Water Regulation 2016 , sections 50 to 52 .\n- (a) if the water licence being converted states the volume of water that may be taken under the licence in a day—the stated volume; or\n- (b) if paragraph (a) does not apply, but the water licence being converted states a maximum volume of water, expressed in litres, that may be taken under the licence in a second—the volume, expressed in megalitres, calculated by multiplying the stated maximum volume by 0.0864 and rounded to the nearest 1 decimal point; or\n- (c) otherwise—the maximum rate decided by the chief executive after considering the matters stated in section 43 .","sortOrder":49},{"sectionNumber":"sec.42","sectionType":"section","heading":"Volumetric limit","content":"### sec.42 Volumetric limit\n\nThe volumetric limit for the new water allocation must be—\nif the water licence being converted states the volume of water that may be taken under the licence in a water year—the stated volume; or\nif paragraph (a) does not apply and the water licence being converted states an area, in hectares, that may be irrigated by water taken under the licence—the volume, in megalitres, calculated by multiplying the stated area by 12; or\notherwise—the volume decided by the chief executive after considering the matters stated in section 43 .\n- (a) if the water licence being converted states the volume of water that may be taken under the licence in a water year—the stated volume; or\n- (b) if paragraph (a) does not apply and the water licence being converted states an area, in hectares, that may be irrigated by water taken under the licence—the volume, in megalitres, calculated by multiplying the stated area by 12; or\n- (c) otherwise—the volume decided by the chief executive after considering the matters stated in section 43 .","sortOrder":50},{"sectionNumber":"sec.43","sectionType":"section","heading":"Matters for deciding maximum rate or volumetric limit","content":"### sec.43 Matters for deciding maximum rate or volumetric limit\n\nFor sections 41 (c) and 42 (c) , the matters are—\nthe conditions under which water may be taken under the water licence being converted; and\nthe volume of water required for the purpose for which water may be taken under the licence; and\nthe water-taking capacity, under normal operating conditions, of—\na pump that relates to an activity authorised under the licence or a related development permit; and\nany other works authorised for taking water under the licence; and\nthe irrigation or water distribution system related to the pump or other works during the previous period; and\nthe annual volume of water estimated by the chief executive to have been taken under the licence during the previous period; and\nthe efficiency of the water use associated with—\nthe pump or other works mentioned in paragraph (c) or the irrigation or water distribution system mentioned in paragraph (d) ; and\nthe volume of water mentioned in paragraph (e) .\nIn this section—\nprevious period means—\nif the water licence being converted was granted more than 10 years before the commencement—the period of 10 years immediately before the commencement; or\notherwise—the period that started when the licence was granted and ended on the commencement.\n(sec.43-ssec.1) For sections 41 (c) and 42 (c) , the matters are— the conditions under which water may be taken under the water licence being converted; and the volume of water required for the purpose for which water may be taken under the licence; and the water-taking capacity, under normal operating conditions, of— a pump that relates to an activity authorised under the licence or a related development permit; and any other works authorised for taking water under the licence; and the irrigation or water distribution system related to the pump or other works during the previous period; and the annual volume of water estimated by the chief executive to have been taken under the licence during the previous period; and the efficiency of the water use associated with— the pump or other works mentioned in paragraph (c) or the irrigation or water distribution system mentioned in paragraph (d) ; and the volume of water mentioned in paragraph (e) .\n(sec.43-ssec.2) In this section— previous period means— if the water licence being converted was granted more than 10 years before the commencement—the period of 10 years immediately before the commencement; or otherwise—the period that started when the licence was granted and ended on the commencement.\n- (a) the conditions under which water may be taken under the water licence being converted; and\n- (b) the volume of water required for the purpose for which water may be taken under the licence; and\n- (c) the water-taking capacity, under normal operating conditions, of— (i) a pump that relates to an activity authorised under the licence or a related development permit; and (ii) any other works authorised for taking water under the licence; and\n- (i) a pump that relates to an activity authorised under the licence or a related development permit; and\n- (ii) any other works authorised for taking water under the licence; and\n- (d) the irrigation or water distribution system related to the pump or other works during the previous period; and\n- (e) the annual volume of water estimated by the chief executive to have been taken under the licence during the previous period; and\n- (f) the efficiency of the water use associated with— (i) the pump or other works mentioned in paragraph (c) or the irrigation or water distribution system mentioned in paragraph (d) ; and (ii) the volume of water mentioned in paragraph (e) .\n- (i) the pump or other works mentioned in paragraph (c) or the irrigation or water distribution system mentioned in paragraph (d) ; and\n- (ii) the volume of water mentioned in paragraph (e) .\n- (i) a pump that relates to an activity authorised under the licence or a related development permit; and\n- (ii) any other works authorised for taking water under the licence; and\n- (i) the pump or other works mentioned in paragraph (c) or the irrigation or water distribution system mentioned in paragraph (d) ; and\n- (ii) the volume of water mentioned in paragraph (e) .\n- (a) if the water licence being converted was granted more than 10 years before the commencement—the period of 10 years immediately before the commencement; or\n- (b) otherwise—the period that started when the licence was granted and ended on the commencement.","sortOrder":51},{"sectionNumber":"sec.44","sectionType":"section","heading":"Conditions","content":"### sec.44 Conditions\n\nThe chief executive may impose on the new water allocation any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\nWhen deciding the conditions under which water may be taken under the new water allocation, the chief executive must consider the conditions stated on the water licence being converted.\n(sec.44-ssec.1) The chief executive may impose on the new water allocation any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\n(sec.44-ssec.2) When deciding the conditions under which water may be taken under the new water allocation, the chief executive must consider the conditions stated on the water licence being converted.","sortOrder":52},{"sectionNumber":"sec.45","sectionType":"section","heading":"Water allocation groups— Act , sch 4 , definition water allocation group","content":"### sec.45 Water allocation groups— Act , sch 4 , definition water allocation group\n\nFor schedule 4 of the Act , definition water allocation group —\nthe groups of water allocations for this plan are—\nwater allocation group class 1; and\nwater allocation group class 2; and\nthe new water allocation is in the water allocation group stated on the water allocation.\n- (a) the groups of water allocations for this plan are— (i) water allocation group class 1; and (ii) water allocation group class 2; and\n- (i) water allocation group class 1; and\n- (ii) water allocation group class 2; and\n- (b) the new water allocation is in the water allocation group stated on the water allocation.\n- (i) water allocation group class 1; and\n- (ii) water allocation group class 2; and","sortOrder":53},{"sectionNumber":"pt.10","sectionType":"part","heading":"Water licences","content":"# Water licences","sortOrder":54},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Applications for water licences that must not be accepted","content":"### sec.46 Applications for water licences that must not be accepted\n\nFor section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section 107 of the Act unless it is an application—\nfor a water licence to take water for stock purposes or domestic purposes; or\nto which division 2 applies.\n- (a) for a water licence to take water for stock purposes or domestic purposes; or\n- (b) to which division 2 applies.","sortOrder":56},{"sectionNumber":"sec.47","sectionType":"section","heading":"Deciding applications for relocating or seasonal water assignment— Act , s 43","content":"### sec.47 Deciding applications for relocating or seasonal water assignment— Act , s 43\n\nFor section 43 (2) (i) of the Act , this section applies to—\nan application for relocating a water licence; or\nan application for a seasonal water assignment of a water licence.\nThe chief executive may decide to grant the application if—\nthe application is to change the location from which water may be taken under the licence from a location in a water licence zone to another location in a water licence zone; and\nthe dealing is permitted under the water management protocol.\nAlso, the chief executive may decide to grant an application for a seasonal water assignment of the licence if—\nthe application is to change the location from which water may be taken under the licence from a location not in a water licence zone to another location not in a water licence zone; and\nthe dealing is permitted under the water management protocol.\n(sec.47-ssec.1) For section 43 (2) (i) of the Act , this section applies to— an application for relocating a water licence; or an application for a seasonal water assignment of a water licence.\n(sec.47-ssec.2) The chief executive may decide to grant the application if— the application is to change the location from which water may be taken under the licence from a location in a water licence zone to another location in a water licence zone; and the dealing is permitted under the water management protocol.\n(sec.47-ssec.3) Also, the chief executive may decide to grant an application for a seasonal water assignment of the licence if— the application is to change the location from which water may be taken under the licence from a location not in a water licence zone to another location not in a water licence zone; and the dealing is permitted under the water management protocol.\n- (a) an application for relocating a water licence; or\n- (b) an application for a seasonal water assignment of a water licence.\n- (a) the application is to change the location from which water may be taken under the licence from a location in a water licence zone to another location in a water licence zone; and\n- (b) the dealing is permitted under the water management protocol.\n- (a) the application is to change the location from which water may be taken under the licence from a location not in a water licence zone to another location not in a water licence zone; and\n- (b) the dealing is permitted under the water management protocol.","sortOrder":57},{"sectionNumber":"sec.48","sectionType":"section","heading":"Applications for dealings with water licences inconsistent with this plan— Act , s 129","content":"### sec.48 Applications for dealings with water licences inconsistent with this plan— Act , s 129\n\nThis section applies for an application for a dealing with a water licence, other than—\nan application for a dealing that—\nrelates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and\nis permitted under the water management protocol; or\nan application the chief executive is permitted to grant under section 47 .\nGranting the application would be inconsistent with this plan if granting the application would—\nincrease the amount of water that may be taken under the licence; or\nincrease the rate at which water may be taken under the licence; or\nchange the location of taking or interfering with water under the licence; or\nincrease or change the interference with water under the licence.\nSee section 129 of the Act for the actions the chief executive must take in relation to an application for a dealing with a water licence, including refusing the application, if granting the application would be inconsistent with a water plan.\n(sec.48-ssec.1) This section applies for an application for a dealing with a water licence, other than— an application for a dealing that— relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and is permitted under the water management protocol; or an application the chief executive is permitted to grant under section 47 .\n(sec.48-ssec.2) Granting the application would be inconsistent with this plan if granting the application would— increase the amount of water that may be taken under the licence; or increase the rate at which water may be taken under the licence; or change the location of taking or interfering with water under the licence; or increase or change the interference with water under the licence. See section 129 of the Act for the actions the chief executive must take in relation to an application for a dealing with a water licence, including refusing the application, if granting the application would be inconsistent with a water plan.\n- (a) an application for a dealing that— (i) relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and (ii) is permitted under the water management protocol; or\n- (i) relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and\n- (ii) is permitted under the water management protocol; or\n- (b) an application the chief executive is permitted to grant under section 47 .\n- (i) relates to a water licence to take water granted from a Cape York Peninsula Heritage Area reserve; and\n- (ii) is permitted under the water management protocol; or\n- (a) increase the amount of water that may be taken under the licence; or\n- (b) increase the rate at which water may be taken under the licence; or\n- (c) change the location of taking or interfering with water under the licence; or\n- (d) increase or change the interference with water under the licence.","sortOrder":58},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Applications for water licences to interfere with the flow of water in a watercourse","content":"## Applications for water licences to interfere with the flow of water in a watercourse","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Application of division","content":"### sec.49 Application of division\n\nThis division applies to an application for a water licence to interfere with water in a watercourse to which this plan applies.\nThis division does not limit the matters the chief executive may consider when deciding the application.\n(sec.49-ssec.1) This division applies to an application for a water licence to interfere with water in a watercourse to which this plan applies.\n(sec.49-ssec.2) This division does not limit the matters the chief executive may consider when deciding the application.","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Matters for deciding applications","content":"### sec.50 Matters for deciding applications\n\nIn deciding the application, the chief executive must consider the impact the proposed interference with water in the watercourse may have on—\nin-stream water levels in the watercourse; and\nthe natural movement of sediment; and\nthe bed and banks of the watercourse; and\nriparian vegetation; and\nhabitats for native plants and animals; and\nthe movement of fish and other aquatic species; and\nthe cultural and environmental values of the watercourse.\n- (a) in-stream water levels in the watercourse; and\n- (b) the natural movement of sediment; and\n- (c) the bed and banks of the watercourse; and\n- (d) riparian vegetation; and\n- (e) habitats for native plants and animals; and\n- (f) the movement of fish and other aquatic species; and\n- (g) the cultural and environmental values of the watercourse.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.51 Limitations on interference with water\n\nThe water licence may be granted if the proposed interference—\ndoes not interfere with the flow of water—\ninto or from a lake or waterhole; or\nin or from a spring; or\nis for the purpose—\nof storing water for stock purposes or domestic purposes; or\nof providing a pumping pool to enable water to be taken under a water entitlement; or\nof providing improved security for town water supplies taken under an authorisation; or\nif the proposed interference relates to the release of unallocated water—for which the water is released; or\nof a further proposed interference with, or storing of, water for a purpose not related to the taking of water under a water entitlement.\ncommunity landscaping, retaining water for flood mitigation purposes, storing water for a micro-hydroelectric power scheme or diverting a watercourse for the construction of a railway\n- (a) does not interfere with the flow of water— (i) into or from a lake or waterhole; or (ii) in or from a spring; or\n- (i) into or from a lake or waterhole; or\n- (ii) in or from a spring; or\n- (b) is for the purpose— (i) of storing water for stock purposes or domestic purposes; or (ii) of providing a pumping pool to enable water to be taken under a water entitlement; or (iii) of providing improved security for town water supplies taken under an authorisation; or (iv) if the proposed interference relates to the release of unallocated water—for which the water is released; or (v) of a further proposed interference with, or storing of, water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subparagraph (v) — community landscaping, retaining water for flood mitigation purposes, storing water for a micro-hydroelectric power scheme or diverting a watercourse for the construction of a railway\n- (i) of storing water for stock purposes or domestic purposes; or\n- (ii) of providing a pumping pool to enable water to be taken under a water entitlement; or\n- (iii) of providing improved security for town water supplies taken under an authorisation; or\n- (iv) if the proposed interference relates to the release of unallocated water—for which the water is released; or\n- (v) of a further proposed interference with, or storing of, water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subparagraph (v) — community landscaping, retaining water for flood mitigation purposes, storing water for a micro-hydroelectric power scheme or diverting a watercourse for the construction of a railway\n- (i) into or from a lake or waterhole; or\n- (ii) in or from a spring; or\n- (i) of storing water for stock purposes or domestic purposes; or\n- (ii) of providing a pumping pool to enable water to be taken under a water entitlement; or\n- (iii) of providing improved security for town water supplies taken under an authorisation; or\n- (iv) if the proposed interference relates to the release of unallocated water—for which the water is released; or\n- (v) of a further proposed interference with, or storing of, water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subparagraph (v) — community landscaping, retaining water for flood mitigation purposes, storing water for a micro-hydroelectric power scheme or diverting a watercourse for the construction of a railway","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Interference with water for stock purposes or domestic purposes","content":"### sec.52 Interference with water for stock purposes or domestic purposes\n\nThis section applies if the proposed interference with water is to store water taken under an authorisation for stock purposes or domestic purposes.\nIn deciding the application, the chief executive must consider—\nexisting water supplies for stock purposes or domestic purposes on land to which the application relates, including, for example, existing weirs, underground water and storage for taking overland flow water; and\nthe availability of water at the proposed storage site.\nAlso, the chief executive must ensure the proposed storage capacity authorised under the water licence is not greater than—\nthe storage capacity that is necessary to store water taken under a water entitlement for stock purposes or domestic purposes having regard to the existing water supplies mentioned in subsection (2) (a) ; and\neither—\nfor a water licence to interfere with water in the Endeavour catchment, Jeannie catchment or Normanby catchment—20ML; or\notherwise—250ML.\n(sec.52-ssec.1) This section applies if the proposed interference with water is to store water taken under an authorisation for stock purposes or domestic purposes.\n(sec.52-ssec.2) In deciding the application, the chief executive must consider— existing water supplies for stock purposes or domestic purposes on land to which the application relates, including, for example, existing weirs, underground water and storage for taking overland flow water; and the availability of water at the proposed storage site.\n(sec.52-ssec.3) Also, the chief executive must ensure the proposed storage capacity authorised under the water licence is not greater than— the storage capacity that is necessary to store water taken under a water entitlement for stock purposes or domestic purposes having regard to the existing water supplies mentioned in subsection (2) (a) ; and either— for a water licence to interfere with water in the Endeavour catchment, Jeannie catchment or Normanby catchment—20ML; or otherwise—250ML.\n- (a) existing water supplies for stock purposes or domestic purposes on land to which the application relates, including, for example, existing weirs, underground water and storage for taking overland flow water; and\n- (b) the availability of water at the proposed storage site.\n- (a) the storage capacity that is necessary to store water taken under a water entitlement for stock purposes or domestic purposes having regard to the existing water supplies mentioned in subsection (2) (a) ; and\n- (b) either— (i) for a water licence to interfere with water in the Endeavour catchment, Jeannie catchment or Normanby catchment—20ML; or (ii) otherwise—250ML.\n- (i) for a water licence to interfere with water in the Endeavour catchment, Jeannie catchment or Normanby catchment—20ML; or\n- (ii) otherwise—250ML.\n- (i) for a water licence to interfere with water in the Endeavour catchment, Jeannie catchment or Normanby catchment—20ML; or\n- (ii) otherwise—250ML.","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Interference with water for pumping pool","content":"### sec.53 Interference with water for pumping pool\n\nThis section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under a water entitlement.\nThe chief executive must ensure the proposed storage capacity authorised under the water licence is not greater than—\nfor a water licence to interfere with water in the Endeavour catchment—2ML; or\notherwise—20ML.\n(sec.53-ssec.1) This section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under a water entitlement.\n(sec.53-ssec.2) The chief executive must ensure the proposed storage capacity authorised under the water licence is not greater than— for a water licence to interfere with water in the Endeavour catchment—2ML; or otherwise—20ML.\n- (a) for a water licence to interfere with water in the Endeavour catchment—2ML; or\n- (b) otherwise—20ML.","sortOrder":64},{"sectionNumber":"sec.54","sectionType":"section","heading":"Interference with water to improve security for town water supply","content":"### sec.54 Interference with water to improve security for town water supply\n\nThis section applies if the proposed interference with water is to improve security for town water supplies taken under an authorisation.\nThe chief executive may grant the application if the chief executive is satisfied that—\nappropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and\nthere is a need for an increased reliability of the water supply.\n(sec.54-ssec.1) This section applies if the proposed interference with water is to improve security for town water supplies taken under an authorisation.\n(sec.54-ssec.2) The chief executive may grant the application if the chief executive is satisfied that— appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and there is a need for an increased reliability of the water supply.\n- (a) appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and\n- (b) there is a need for an increased reliability of the water supply.","sortOrder":65},{"sectionNumber":"sec.55","sectionType":"section","heading":"Interference with water related to the granting of unallocated water","content":"### sec.55 Interference with water related to the granting of unallocated water\n\nThis section applies if the proposed interference with water relates to the release of unallocated water.\nThe interference must not be greater than is necessary for the purpose for which the unallocated water is granted.\n(sec.55-ssec.1) This section applies if the proposed interference with water relates to the release of unallocated water.\n(sec.55-ssec.2) The interference must not be greater than is necessary for the purpose for which the unallocated water is granted.","sortOrder":66},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Water licences authorising particular existing activities","content":"## Water licences authorising particular existing activities","sortOrder":67},{"sectionNumber":"sec.56","sectionType":"section","heading":"Process for granting water licences to authorise particular existing activities","content":"### sec.56 Process for granting water licences to authorise particular existing activities\n\nThis section applies if a water entitlement notice for this plan provides for the granting of a water licence to take surface water or underground water.\nFor section 116 (1) of the Act , the chief executive must decide to grant the water licence.\nSee also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .\n(sec.56-ssec.1) This section applies if a water entitlement notice for this plan provides for the granting of a water licence to take surface water or underground water.\n(sec.56-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .","sortOrder":68},{"sectionNumber":"pt.10-div.4","sectionType":"division","heading":"Contents and conditions of water licences","content":"## Contents and conditions of water licences","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Application of division","content":"### sec.57 Application of division\n\nThis division applies to—\na water licence granted by the chief executive under the Act in accordance with this plan; or\na water licence to take water to which this plan applies that is amended under section 133 of the Act for consistency with this plan.\nHowever, this division does not apply to a water licence to interfere with, by diversion, the flow of water to which this plan applies.\n(sec.57-ssec.1) This division applies to— a water licence granted by the chief executive under the Act in accordance with this plan; or a water licence to take water to which this plan applies that is amended under section 133 of the Act for consistency with this plan.\n(sec.57-ssec.2) However, this division does not apply to a water licence to interfere with, by diversion, the flow of water to which this plan applies.\n- (a) a water licence granted by the chief executive under the Act in accordance with this plan; or\n- (b) a water licence to take water to which this plan applies that is amended under section 133 of the Act for consistency with this plan.","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definition for division","content":"### sec.58 Definition for division\n\nIn this division—\npre-amended licence , in relation to a water licence being amended under section 133 of the Act for consistency with this plan, means the water licence before it is amended.","sortOrder":71},{"sectionNumber":"sec.59","sectionType":"section","heading":"Contents for water licences to take water","content":"### sec.59 Contents for water licences to take water\n\nIf the water licence is a water licence to take water from a watercourse, lake or spring, the water licence must state—\none of the following as the purpose for which the water may be taken under the licence—\n‘CYPHA’;\n‘CYPHA’ is an abbreviation for Cape York Peninsula Heritage Area.\n‘stock and domestic’;\n‘relift’;\n‘urban’;\n‘any’; and\nfor a licence with a stated purpose of ‘stock and domestic’, ‘urban’ or ‘any’—the maximum rate for the licence; and\nthe volumetric limit for the licence; and\nthe conditions, if any, for the licence.\nIf the water licence is a water licence to take underground water, the water licence must state—\none of the following as the purpose for which the water may be taken under the licence—\n‘CYPHA’;\n‘urban’;\n‘any’; and\nthe volumetric limit for the licence; and\nthe conditions, if any, for the licence.\nSubsection (2) does not apply to a water licence with a stated purpose of mine dewatering.\nIf the water licence is a water licence to take overland flow water, the water licence must state—\none of the following as the purpose for which the water may be taken under the licence—\n‘CYPHA’;\n‘urban’;\n‘any’; and\nat least 1 of the following—\nthe maximum rate for the licence;\nthe maximum storage capacity of works that may be used to store water taken under the licence;\nthe volumetric limit for the licence; and\nthe conditions, if any, for the licence.\n(sec.59-ssec.1) If the water licence is a water licence to take water from a watercourse, lake or spring, the water licence must state— one of the following as the purpose for which the water may be taken under the licence— ‘CYPHA’; ‘CYPHA’ is an abbreviation for Cape York Peninsula Heritage Area. ‘stock and domestic’; ‘relift’; ‘urban’; ‘any’; and for a licence with a stated purpose of ‘stock and domestic’, ‘urban’ or ‘any’—the maximum rate for the licence; and the volumetric limit for the licence; and the conditions, if any, for the licence.\n(sec.59-ssec.2) If the water licence is a water licence to take underground water, the water licence must state— one of the following as the purpose for which the water may be taken under the licence— ‘CYPHA’; ‘urban’; ‘any’; and the volumetric limit for the licence; and the conditions, if any, for the licence.\n(sec.59-ssec.3) Subsection (2) does not apply to a water licence with a stated purpose of mine dewatering.\n(sec.59-ssec.4) If the water licence is a water licence to take overland flow water, the water licence must state— one of the following as the purpose for which the water may be taken under the licence— ‘CYPHA’; ‘urban’; ‘any’; and at least 1 of the following— the maximum rate for the licence; the maximum storage capacity of works that may be used to store water taken under the licence; the volumetric limit for the licence; and the conditions, if any, for the licence.\n- (a) one of the following as the purpose for which the water may be taken under the licence— (i) ‘CYPHA’; Note— ‘CYPHA’ is an abbreviation for Cape York Peninsula Heritage Area. (ii) ‘stock and domestic’; (iii) ‘relift’; (iv) ‘urban’; (v) ‘any’; and\n- (i) ‘CYPHA’; Note— ‘CYPHA’ is an abbreviation for Cape York Peninsula Heritage Area.\n- (ii) ‘stock and domestic’;\n- (iii) ‘relift’;\n- (iv) ‘urban’;\n- (v) ‘any’; and\n- (b) for a licence with a stated purpose of ‘stock and domestic’, ‘urban’ or ‘any’—the maximum rate for the licence; and\n- (c) the volumetric limit for the licence; and\n- (d) the conditions, if any, for the licence.\n- (i) ‘CYPHA’; Note— ‘CYPHA’ is an abbreviation for Cape York Peninsula Heritage Area.\n- (ii) ‘stock and domestic’;\n- (iii) ‘relift’;\n- (iv) ‘urban’;\n- (v) ‘any’; and\n- (a) one of the following as the purpose for which the water may be taken under the licence— (i) ‘CYPHA’; (ii) ‘urban’; (iii) ‘any’; and\n- (i) ‘CYPHA’;\n- (ii) ‘urban’;\n- (iii) ‘any’; and\n- (b) the volumetric limit for the licence; and\n- (c) the conditions, if any, for the licence.\n- (i) ‘CYPHA’;\n- (ii) ‘urban’;\n- (iii) ‘any’; and\n- (a) one of the following as the purpose for which the water may be taken under the licence— (i) ‘CYPHA’; (ii) ‘urban’; (iii) ‘any’; and\n- (i) ‘CYPHA’;\n- (ii) ‘urban’;\n- (iii) ‘any’; and\n- (b) at least 1 of the following— (i) the maximum rate for the licence; (ii) the maximum storage capacity of works that may be used to store water taken under the licence; (iii) the volumetric limit for the licence; and\n- (i) the maximum rate for the licence;\n- (ii) the maximum storage capacity of works that may be used to store water taken under the licence;\n- (iii) the volumetric limit for the licence; and\n- (c) the conditions, if any, for the licence.\n- (i) ‘CYPHA’;\n- (ii) ‘urban’;\n- (iii) ‘any’; and\n- (i) the maximum rate for the licence;\n- (ii) the maximum storage capacity of works that may be used to store water taken under the licence;\n- (iii) the volumetric limit for the licence; and","sortOrder":72},{"sectionNumber":"sec.60","sectionType":"section","heading":"Purpose to be stated on amended licence","content":"### sec.60 Purpose to be stated on amended licence\n\nThis section applies if the water licence is being amended.\nThe purpose stated on the water licence must be—\nif the purpose stated on the pre-amended licence is ‘stock or domestic’, ‘relift’ or ‘urban’—the stated purpose; or\nif the chief executive is satisfied that water taken under the pre-amended licence is used for a relift purpose—‘relift’; or\notherwise—‘any’.\nFor subsection (2) (b) , water taken under a water licence is used for a relift purpose if the water is—\ntaken from a watercourse, lake, spring or works under the licence; and\nreleased into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation.\n(sec.60-ssec.1) This section applies if the water licence is being amended.\n(sec.60-ssec.2) The purpose stated on the water licence must be— if the purpose stated on the pre-amended licence is ‘stock or domestic’, ‘relift’ or ‘urban’—the stated purpose; or if the chief executive is satisfied that water taken under the pre-amended licence is used for a relift purpose—‘relift’; or otherwise—‘any’.\n(sec.60-ssec.3) For subsection (2) (b) , water taken under a water licence is used for a relift purpose if the water is— taken from a watercourse, lake, spring or works under the licence; and released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation.\n- (a) if the purpose stated on the pre-amended licence is ‘stock or domestic’, ‘relift’ or ‘urban’—the stated purpose; or\n- (b) if the chief executive is satisfied that water taken under the pre-amended licence is used for a relift purpose—‘relift’; or\n- (c) otherwise—‘any’.\n- (a) taken from a watercourse, lake, spring or works under the licence; and\n- (b) released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation.","sortOrder":73},{"sectionNumber":"sec.61","sectionType":"section","heading":"Maximum rate","content":"### sec.61 Maximum rate\n\nThe maximum rate for the water licence must be—\nfor a water licence being amended—\nif the pre-amended licence states the volume of water that may be taken in a day—the stated volume; or\nif subparagraph (i) does not apply, but the pre-amended licence states a maximum volume of water, expressed in litres, that may be taken under the licence in a second—the volume, expressed in megalitres, calculated by multiplying the stated maximum volume by 0.0864 and rounded to the nearest 1 decimal point; or\notherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or\nfor a water licence being granted—the volume decided by the chief executive after considering the matters stated in section 63 .\n- (a) for a water licence being amended— (i) if the pre-amended licence states the volume of water that may be taken in a day—the stated volume; or (ii) if subparagraph (i) does not apply, but the pre-amended licence states a maximum volume of water, expressed in litres, that may be taken under the licence in a second—the volume, expressed in megalitres, calculated by multiplying the stated maximum volume by 0.0864 and rounded to the nearest 1 decimal point; or (iii) otherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or\n- (i) if the pre-amended licence states the volume of water that may be taken in a day—the stated volume; or\n- (ii) if subparagraph (i) does not apply, but the pre-amended licence states a maximum volume of water, expressed in litres, that may be taken under the licence in a second—the volume, expressed in megalitres, calculated by multiplying the stated maximum volume by 0.0864 and rounded to the nearest 1 decimal point; or\n- (iii) otherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or\n- (b) for a water licence being granted—the volume decided by the chief executive after considering the matters stated in section 63 .\n- (i) if the pre-amended licence states the volume of water that may be taken in a day—the stated volume; or\n- (ii) if subparagraph (i) does not apply, but the pre-amended licence states a maximum volume of water, expressed in litres, that may be taken under the licence in a second—the volume, expressed in megalitres, calculated by multiplying the stated maximum volume by 0.0864 and rounded to the nearest 1 decimal point; or\n- (iii) otherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or","sortOrder":74},{"sectionNumber":"sec.62","sectionType":"section","heading":"Volumetric limit","content":"### sec.62 Volumetric limit\n\nThe volumetric limit for the water licence must be—\nfor a water licence being amended—\nif the pre-amended licence states the volume of water that may be taken under the licence in a water year—the stated volume; or\nif subparagraph (i) does not apply, but the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume, in megalitres, calculated by multiplying the stated area by 12; or\notherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or\nfor a water licence being granted—the volume decided by the chief executive after considering the matters stated in section 63 .\n- (a) for a water licence being amended— (i) if the pre-amended licence states the volume of water that may be taken under the licence in a water year—the stated volume; or (ii) if subparagraph (i) does not apply, but the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume, in megalitres, calculated by multiplying the stated area by 12; or (iii) otherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or\n- (i) if the pre-amended licence states the volume of water that may be taken under the licence in a water year—the stated volume; or\n- (ii) if subparagraph (i) does not apply, but the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume, in megalitres, calculated by multiplying the stated area by 12; or\n- (iii) otherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or\n- (b) for a water licence being granted—the volume decided by the chief executive after considering the matters stated in section 63 .\n- (i) if the pre-amended licence states the volume of water that may be taken under the licence in a water year—the stated volume; or\n- (ii) if subparagraph (i) does not apply, but the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume, in megalitres, calculated by multiplying the stated area by 12; or\n- (iii) otherwise—the volume decided by the chief executive after considering the matters stated in section 63 ; or","sortOrder":75},{"sectionNumber":"sec.63","sectionType":"section","heading":"Matters for deciding maximum rate or volumetric limit","content":"### sec.63 Matters for deciding maximum rate or volumetric limit\n\nFor sections 61 (a) (iii) and (b) and 62(a)(iii) and (b), the matters for a water licence being amended or granted are—\nthe type of licence; and\nthe conditions under which water may be taken under the licence; and\nthe volume of water required for the purpose for which water may be taken under the licence; and\nthe water-taking capacity and use, under normal operating conditions—\nfor a water licence being granted—of relevant works that relate to an activity authorised under the licence; and\nfor a water licence being amended or granted—of other works authorised for taking water under section 28 (c) or (d) ; and\nfor a water licence being amended—the annual volume of water estimated by the chief executive to have been taken under the licence during each year of the previous period; and\nthe efficiency of the water use associated with—\nthe pump or other works mentioned in paragraph (d) ; and\nthe water mentioned in paragraph (e) .\nIn this section—\nprevious period , for a pre-amended licence, means—\nif the pre-amended licence was granted more than 10 years before the commencement—the period of 10 years immediately before the commencement; or\notherwise—the period that started when the pre-amended licence was granted and ended on the commencement.\nrelevant works means works—\nused, or capable of being used, to take water to which this plan applies; and\nthat existed immediately before the commencement, regardless of whether the works were completed or partially completed.\n(sec.63-ssec.1) For sections 61 (a) (iii) and (b) and 62(a)(iii) and (b), the matters for a water licence being amended or granted are— the type of licence; and the conditions under which water may be taken under the licence; and the volume of water required for the purpose for which water may be taken under the licence; and the water-taking capacity and use, under normal operating conditions— for a water licence being granted—of relevant works that relate to an activity authorised under the licence; and for a water licence being amended or granted—of other works authorised for taking water under section 28 (c) or (d) ; and for a water licence being amended—the annual volume of water estimated by the chief executive to have been taken under the licence during each year of the previous period; and the efficiency of the water use associated with— the pump or other works mentioned in paragraph (d) ; and the water mentioned in paragraph (e) .\n(sec.63-ssec.2) In this section— previous period , for a pre-amended licence, means— if the pre-amended licence was granted more than 10 years before the commencement—the period of 10 years immediately before the commencement; or otherwise—the period that started when the pre-amended licence was granted and ended on the commencement. relevant works means works— used, or capable of being used, to take water to which this plan applies; and that existed immediately before the commencement, regardless of whether the works were completed or partially completed.\n- (a) the type of licence; and\n- (b) the conditions under which water may be taken under the licence; and\n- (c) the volume of water required for the purpose for which water may be taken under the licence; and\n- (d) the water-taking capacity and use, under normal operating conditions— (i) for a water licence being granted—of relevant works that relate to an activity authorised under the licence; and (ii) for a water licence being amended or granted—of other works authorised for taking water under section 28 (c) or (d) ; and\n- (i) for a water licence being granted—of relevant works that relate to an activity authorised under the licence; and\n- (ii) for a water licence being amended or granted—of other works authorised for taking water under section 28 (c) or (d) ; and\n- (e) for a water licence being amended—the annual volume of water estimated by the chief executive to have been taken under the licence during each year of the previous period; and\n- (f) the efficiency of the water use associated with— (i) the pump or other works mentioned in paragraph (d) ; and (ii) the water mentioned in paragraph (e) .\n- (i) the pump or other works mentioned in paragraph (d) ; and\n- (ii) the water mentioned in paragraph (e) .\n- (i) for a water licence being granted—of relevant works that relate to an activity authorised under the licence; and\n- (ii) for a water licence being amended or granted—of other works authorised for taking water under section 28 (c) or (d) ; and\n- (i) the pump or other works mentioned in paragraph (d) ; and\n- (ii) the water mentioned in paragraph (e) .\n- (a) if the pre-amended licence was granted more than 10 years before the commencement—the period of 10 years immediately before the commencement; or\n- (b) otherwise—the period that started when the pre-amended licence was granted and ended on the commencement.\n- (a) used, or capable of being used, to take water to which this plan applies; and\n- (b) that existed immediately before the commencement, regardless of whether the works were completed or partially completed.","sortOrder":76},{"sectionNumber":"sec.64","sectionType":"section","heading":"Contents for water licences to interfere with water","content":"### sec.64 Contents for water licences to interfere with water\n\nIf the water licence is a water licence to interfere with water in a watercourse for the storage of water, the water licence must state—\nthe maximum volume of water that may be stored under the licence; and\nthe maximum height of a structure used to store water under the licence at the full supply level for the structure; and\nthe conditions, if any, for the licence, including, for example—\na pass flow condition; and\na condition requiring outlet works to be available and maintained at all times sufficient for the pass flow condition; and\na condition requiring a bywash or spillway.\nIf the water licence is a water licence to interfere with water in a watercourse, other than for the storage of water, the water licence must state—\nthe maximum size, including the height, width or length, of a structure used to interfere with water under the licence;\nthe conditions, if any, for the licence.\nIn this section—\npass flow condition , for a water licence to interfere with the flow of water in a watercourse by impounding the flow of water, means a condition that states the minimum rate of flow at which water interfered with under the licence must be allowed to pass freely in the watercourse at, or downstream, of the location of the interference.\n(sec.64-ssec.1) If the water licence is a water licence to interfere with water in a watercourse for the storage of water, the water licence must state— the maximum volume of water that may be stored under the licence; and the maximum height of a structure used to store water under the licence at the full supply level for the structure; and the conditions, if any, for the licence, including, for example— a pass flow condition; and a condition requiring outlet works to be available and maintained at all times sufficient for the pass flow condition; and a condition requiring a bywash or spillway.\n(sec.64-ssec.2) If the water licence is a water licence to interfere with water in a watercourse, other than for the storage of water, the water licence must state— the maximum size, including the height, width or length, of a structure used to interfere with water under the licence; the conditions, if any, for the licence.\n(sec.64-ssec.3) In this section— pass flow condition , for a water licence to interfere with the flow of water in a watercourse by impounding the flow of water, means a condition that states the minimum rate of flow at which water interfered with under the licence must be allowed to pass freely in the watercourse at, or downstream, of the location of the interference.\n- (a) the maximum volume of water that may be stored under the licence; and\n- (b) the maximum height of a structure used to store water under the licence at the full supply level for the structure; and\n- (c) the conditions, if any, for the licence, including, for example— (i) a pass flow condition; and (ii) a condition requiring outlet works to be available and maintained at all times sufficient for the pass flow condition; and (iii) a condition requiring a bywash or spillway.\n- (i) a pass flow condition; and\n- (ii) a condition requiring outlet works to be available and maintained at all times sufficient for the pass flow condition; and\n- (iii) a condition requiring a bywash or spillway.\n- (i) a pass flow condition; and\n- (ii) a condition requiring outlet works to be available and maintained at all times sufficient for the pass flow condition; and\n- (iii) a condition requiring a bywash or spillway.\n- (a) the maximum size, including the height, width or length, of a structure used to interfere with water under the licence;\n- (b) the conditions, if any, for the licence.","sortOrder":77},{"sectionNumber":"sec.65","sectionType":"section","heading":"Imposed conditions","content":"### sec.65 Imposed conditions\n\nThe chief executive may impose on the water licence any condition the chief executive is satisfied is necessary to ensure the purposes and water plan outcomes of this plan are achieved.\nWhen deciding the conditions under which water may be taken under a water licence being amended, the chief executive must consider the conditions stated on the pre-amended licence.\nWhen deciding the conditions under which water may be interfered with by impoundment under a water licence, the chief executive must consider the following matters—\nthe size of the impoundment;\nthe catchment size above the impoundment;\nthe timing, extent and volume of inflows into the impoundment;\nany impact on existing downstream entitlement holders;\ndownstream water requirements for environmental, cultural and social needs;\nif a development permit was granted—the conditions of the permit.\n(sec.65-ssec.1) The chief executive may impose on the water licence any condition the chief executive is satisfied is necessary to ensure the purposes and water plan outcomes of this plan are achieved.\n(sec.65-ssec.2) When deciding the conditions under which water may be taken under a water licence being amended, the chief executive must consider the conditions stated on the pre-amended licence.\n(sec.65-ssec.3) When deciding the conditions under which water may be interfered with by impoundment under a water licence, the chief executive must consider the following matters— the size of the impoundment; the catchment size above the impoundment; the timing, extent and volume of inflows into the impoundment; any impact on existing downstream entitlement holders; downstream water requirements for environmental, cultural and social needs; if a development permit was granted—the conditions of the permit.\n- (a) the size of the impoundment;\n- (b) the catchment size above the impoundment;\n- (c) the timing, extent and volume of inflows into the impoundment;\n- (d) any impact on existing downstream entitlement holders;\n- (e) downstream water requirements for environmental, cultural and social needs;\n- (f) if a development permit was granted—the conditions of the permit.","sortOrder":78},{"sectionNumber":"pt.11","sectionType":"part","heading":"Implementing and amending this plan","content":"# Implementing and amending this plan","sortOrder":79},{"sectionNumber":"sec.66","sectionType":"section","heading":"Water management protocol— Act , s 43","content":"### sec.66 Water management protocol— Act , s 43\n\nFor section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\nThe water management protocol must address the following matters for the plan area—\nthe volumes of unallocated water reserved for stated purposes or stated locations;\nthe process for releasing unallocated water—\nheld as Cape York Peninsula Heritage Area reserve; and\nfor water that may be granted for a purpose mentioned in section 32 (2) (b) —held as a strategic reserve;\nthe water allocation dealing rules;\nthe water sharing rules;\nfor section 126 of the Act , the dealing rules to amend a water licence to change the location of taking water under the water licence that are permitted;\nthe criteria and processes for deciding an application for a dealing with a water licence mentioned in section 47 ;\nthe arrangements and process for authorising the continued taking of overland flow water to which this plan applies after the commencement.\n(sec.66-ssec.1) For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\n(sec.66-ssec.2) The water management protocol must address the following matters for the plan area— the volumes of unallocated water reserved for stated purposes or stated locations; the process for releasing unallocated water— held as Cape York Peninsula Heritage Area reserve; and for water that may be granted for a purpose mentioned in section 32 (2) (b) —held as a strategic reserve; the water allocation dealing rules; the water sharing rules; for section 126 of the Act , the dealing rules to amend a water licence to change the location of taking water under the water licence that are permitted; the criteria and processes for deciding an application for a dealing with a water licence mentioned in section 47 ; the arrangements and process for authorising the continued taking of overland flow water to which this plan applies after the commencement.\n- (a) the volumes of unallocated water reserved for stated purposes or stated locations;\n- (b) the process for releasing unallocated water— (i) held as Cape York Peninsula Heritage Area reserve; and (ii) for water that may be granted for a purpose mentioned in section 32 (2) (b) —held as a strategic reserve;\n- (i) held as Cape York Peninsula Heritage Area reserve; and\n- (ii) for water that may be granted for a purpose mentioned in section 32 (2) (b) —held as a strategic reserve;\n- (c) the water allocation dealing rules;\n- (d) the water sharing rules;\n- (e) for section 126 of the Act , the dealing rules to amend a water licence to change the location of taking water under the water licence that are permitted;\n- (f) the criteria and processes for deciding an application for a dealing with a water licence mentioned in section 47 ;\n- (g) the arrangements and process for authorising the continued taking of overland flow water to which this plan applies after the commencement.\n- (i) held as Cape York Peninsula Heritage Area reserve; and\n- (ii) for water that may be granted for a purpose mentioned in section 32 (2) (b) —held as a strategic reserve;","sortOrder":80},{"sectionNumber":"sec.67","sectionType":"section","heading":"Amendments to this plan that may be made without consultation— Act , s 43","content":"### sec.67 Amendments to this plan that may be made without consultation— Act , s 43\n\nFor section 43 (2) (m) of the Act , the following amendments may be made to this plan without public consultation—\nan amendment to increase the volume of water held as reserves under section 31 by an amount that is not more than the volume of water that returns to the State;\nan amendment or addition of a performance indicator or environmental flow objective if the amendment or addition does not adversely affect—\nthe provision of water to which this plan applies for the environment; or\nthe achievement of the water plan outcomes stated in part 3 ; or\nthe water allocation security objectives stated in section 24 ;\nan amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect—\nthe achievement of the water plan outcomes stated in part 3 ; or\nthe environmental flow objectives stated in section 23 ;\nan amendment or addition of a node;\nan amendment to adjust the boundaries of the following areas if more accurate information about the boundaries, or hydrological characteristics, of the plan area becomes available—\nthe plan area;\na catchment;\na water management area;\nan underground water management area;\nan amendment to change the period within which a measure for achieving a stated water plan outcome is to be achieved;\nan amendment to remove a provision of this plan that no longer has effect;\nan amendment to include another entity as an eligible person under section 32 (6) .\n- (a) an amendment to increase the volume of water held as reserves under section 31 by an amount that is not more than the volume of water that returns to the State;\n- (b) an amendment or addition of a performance indicator or environmental flow objective if the amendment or addition does not adversely affect— (i) the provision of water to which this plan applies for the environment; or (ii) the achievement of the water plan outcomes stated in part 3 ; or (iii) the water allocation security objectives stated in section 24 ;\n- (i) the provision of water to which this plan applies for the environment; or\n- (ii) the achievement of the water plan outcomes stated in part 3 ; or\n- (iii) the water allocation security objectives stated in section 24 ;\n- (c) an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect— (i) the achievement of the water plan outcomes stated in part 3 ; or (ii) the environmental flow objectives stated in section 23 ;\n- (i) the achievement of the water plan outcomes stated in part 3 ; or\n- (ii) the environmental flow objectives stated in section 23 ;\n- (d) an amendment or addition of a node;\n- (e) an amendment to adjust the boundaries of the following areas if more accurate information about the boundaries, or hydrological characteristics, of the plan area becomes available— (i) the plan area; (ii) a catchment; (iii) a water management area; (iv) an underground water management area;\n- (i) the plan area;\n- (ii) a catchment;\n- (iii) a water management area;\n- (iv) an underground water management area;\n- (f) an amendment to change the period within which a measure for achieving a stated water plan outcome is to be achieved;\n- (g) an amendment to remove a provision of this plan that no longer has effect;\n- (h) an amendment to include another entity as an eligible person under section 32 (6) .\n- (i) the provision of water to which this plan applies for the environment; or\n- (ii) the achievement of the water plan outcomes stated in part 3 ; or\n- (iii) the water allocation security objectives stated in section 24 ;\n- (i) the achievement of the water plan outcomes stated in part 3 ; or\n- (ii) the environmental flow objectives stated in section 23 ;\n- (i) the plan area;\n- (ii) a catchment;\n- (iii) a water management area;\n- (iv) an underground water management area;","sortOrder":81},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Map of plan area and nodes","content":"# Map of plan area and nodes","sortOrder":82},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Location of nodes","content":"# Location of nodes","sortOrder":83},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Underground water licence zones","content":"# Underground water licence zones","sortOrder":84},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Surface water licence zones","content":"# Surface water licence zones","sortOrder":85}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":624},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive water resource management plan for Cape York. The scope covers surface and underground water management, environmental flows, Indigenous water rights, and economic development — all aligned with the stated purposes in section 2. No significant scope creep is evident."},"complexity_factors":["Multiple nested defined terms (water allocation zones, water licence zones, water management areas, underground water management areas, catchments, nodes)","Cross-references to external legislation including the Water Act, Water Regulation 2016, Environmental Protection Policy 2019, Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, and Native Title Act 1993","Conditional logic with multiple exceptions (e.g., section 28 has 5 alternative pathways for taking overland flow water, with nested conditions)","Mathematical conversion formulas for water volumes (e.g., litres/second to megalitres with 0.0864 multiplier)","Multiple purposes and conditions for water licences with different rules for different catchments (Endeavour/Jeannie/Normanby vs others)","Computer modelling requirements (Source Rivers program) for assessing decisions","Three-tier reserve system for unallocated water with different release processes","Extensive use of schedules and maps for geographic boundaries held in digital form"],"plain_english_summary":"This is a **water management plan for Cape York, Queensland**, covering how surface water (rivers, lakes, springs, overland flow) and underground water are allocated and used.\n\n**What it does:**\n- Sets rules for who can take water, how much, and for what purposes\n- Balances competing needs: economic development, town water supplies, Indigenous cultural and economic aspirations, and environmental protection\n- Creates a framework for trading water rights (water licences and allocations)\n- Reserves over 516,000 megalitres of unallocated water for future needs, with special reserves for Aboriginal and Torres Strait Islander communities\n\n**Key features:**\n- **Indigenous water rights**: Dedicated reserves and priority access for Aboriginal and Torres Strait Islander people to achieve economic, social and cultural goals\n- **Environmental protection**: Rules to protect waterholes, fish spawning, wetlands, river health, and water flowing to the Great Barrier Reef and Gulf of Carpentaria\n- **Water trading**: Zones established for trading water allocations and licences\n- **Conversion process**: Existing water licences in the Endeavour area can be converted to tradeable water allocations\n- **Restrictions**: Limits on taking overland flow water and underground water; caps on storage capacities for stock and domestic use (20ML in some catchments, 250ML in others)\n\n**Who it affects:**\n- Farmers and graziers needing irrigation water\n- Mining operations\n- Town water suppliers\n- Aboriginal and Torres Strait Islander land holders and native title holders\n- Environmental water managers\n- Anyone seeking to build dams or interfere with water flows"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The plan stays within the core scope signalled in its stated purposes (defining plan area, allocating and managing surface and underground water, supporting Indigenous access and protecting ecosystems) (sec.2). It provides detailed operational rules, reserves and timetables but does not expand the statutory scope beyond the Act’s water planning powers. In practical terms it narrows implementation pathways (technical modelling, measurement, reserved volumes and chief executive decision-making) rather than materially broadening the plan’s purpose."},"complexity_factors":["Length and structure: around 66 numbered sections plus multiple schedules and maps (schedules 1–9 referenced).","Multiple cross‑references to the Water Act and Water Regulation (e.g. Act ss.43, 101, 103; Water Regulation 2016), increasing interpretive layering.","Numerous maps and schedules define spatial units (plan area, catchments, water licence/ allocation zones, nodes) rather than textual descriptions (requires GIS/digital boundary lookups) (secs.6–14; schedule refs).","Mandated technical model (Source Rivers) for decision tests and an approval pathway for alternatives (sec.26) — adds domain‑specific complexity and reliance on simulation inputs/assumptions.","Many provisions leave substantive determinations to the chief executive (discretion to decide nominal volumes, rates, conditions, approve methods) (secs.40–44, 61–65, 26, 66).","Detailed multi‑step conversion rules with formulas, historical-use windows and simulation-based measures for converting licences to allocations (secs.36–43).","Nested exceptions and conditional logic (for overland flow, existing works, catchment‑specific caps e.g. Normanby, Lakeland, Endeavour) (secs.27–30, 28, 52–53).","Multiple numerical limits and deadlines to track (e.g. 5 ML unlicensed cap; 516,350 ML reserve; storage caps 2 ML/20 ML/50 ML/250 ML; measurement deadline 31 Dec 2022; monitoring deadlines) (secs.21, 27, 31, 52–53).","Reserve classes and eligibility criteria link to other Acts (Aboriginal Land Act, Torres Strait Islander Land Act, Native Title Act), creating cross‑statutory dependencies (secs.32–33).","Administrative and procedural dependence on a separate water management protocol that will carry substantive operational rules (sec.66)."],"plain_english_summary":"**What this plan does (mechanically)\n\n- Establishes the geographic and water scope it controls: surface and underground water in the mapped Cape York plan area, subdivided into catchments, water management areas, underground water management areas, water allocation zones and water licence zones (secs.5–11; schedules/maps). \n\n- Sets the concrete objectives the department must use when making decisions: economic, social, cultural and environmental water outcomes and specific environmental flow and security targets (secs.15–20; schedule 7; sec.24).  \n\n- Prescribes limits and processes for taking or interfering with water: small-volume caps for certain unlicensed uses, restrictions on taking overland flow and underground water, storage caps and rules for licences that interfere with flows (secs.27–30, 49–55, 52–54).  \n\n- Creates and allocates a fixed volume of unallocated water (516,350 ML) into reserve types (Cape York Peninsula Heritage Area, strategic, general) and sets rules for who can get that water and how it may be released (secs.31–35).  \n\n- Lays out how existing water licences can be converted into water allocations (detailed formulae and factors for nominal volume, maximum rate and volumetric limits; secs.36–45).  \n\n- Specifies the contents and conditions that must appear on water licences and gives the chief executive broad powers to impose conditions to achieve plan outcomes (secs.56–65).  \n\n- Requires a water management protocol (an operational document) to set dealing rules, water sharing rules, volumes in reserve and the arrangements for continued taking of overland flow water (sec.66).  \n\n- Mandates use of the Source Rivers computer simulation (or an approved alternative) to test whether decisions meet environmental flow and allocation security objectives (sec.26).\n\nWho the plan affects\n\n- Water users in the plan area: farmers, miners, pastoralists, towns and communities, Indigenous land-holders and native title holders, and any other person or entity taking or interfering with surface or underground water (through licences, permits or statutory exceptions). The plan also creates preferential processes for eligible Aboriginal and Torres Strait Islander entities for some reserved unallocated water (secs.31–33).  \n\n- The departmental decision-maker: the chief executive (frequently named) who must apply the plan’s rules, decide licence conditions, approve alternative assessment methods and run the release processes for reserved water (many sections; e.g. secs.21, 26, 40–44, 63, 66).\n\nWhy it matters (stated purpose and an operational test)\n\n- The plan states that it exists to define availability of water, provide a framework for sustainable management and allocations, support Aboriginal and Torres Strait Islander economic/social/cultural aspirations, and protect ecosystems (sec.2).  \n\n- Operationally, it does that by allocating a defined stock of unallocated water into reserved categories, setting concrete licence content and storage/flow limits, requiring measurement and monitoring of entitlements, and requiring that decisions be tested against environmental flow objectives and allocation security targets (secs.21, 23–24, 31, 34, 56–65).  \n\nHow the plan changes incentives, costs and choices (practical effects)\n\n- Who pays and bears compliance: Licence-holders and those seeking new or amended licences will face measurement and reporting requirements, possible restrictions on rates/annual volumes or storage capacity and conditions imposed by the chief executive (secs.21, 40–44, 61–65). Measurement deadlines and mandatory metering (sec.21) create administrative and capital costs for water users.  \n\n- Who decides: The chief executive has extensive discretion to set nominal volumes, rates, volumetric limits and licence conditions (secs.40–44, 61–65). Operational detail not in the plan (the water management protocol and Water Regulation) will significantly shape outcomes (sec.66; sec.34). That concentrates decision power within the administering department.  \n\n- Market and property effects: The plan supports a tradable market for allocations and relocatable licences (sec.17) but layers tradeability with zone and dealing rules to be set in the water management protocol (sec.66). It mandates collection and publication of trade data (sec.22), which can improve market information but may reveal strategic positions.  \n\n- Distributional choices: The plan earmarks a large explicit volume of unallocated water (516,350 ML) and sets aside distinct reserve classes, including a Cape York Peninsula Heritage Area reserve with preferential offers to eligible Indigenous land-holders or native title holders (secs.31–33). That creates concentrated prospective benefits for eligible parties and a state-managed allocation pathway for projects of regional significance (sec.32).  \n\n- Environmental constraints and technical test: Environmental outcomes are enforced by (a) explicit environmental flow objectives (schedule 7), and (b) a required modelling test (Source Rivers) to confirm decisions are consistent with those objectives and allocation security objectives (secs.23, 24, 26, 25). This embeds a technical gate on approvals that may restrict the amount, timing or location of take.  \n\nTrade-offs, opportunity costs and implementation risks\n\n- Trade-offs: The plan explicitly aims to balance economic, social, cultural and environmental outcomes (sec.16). In practice this balance depends on how the chief executive exercises discretion and how the water management protocol sets dealing/sharing rules (secs.25, 66). Trade-offs are therefore managed primarily through administrative discretion and technical modelling rather than fixed entitlements alone.  \n\n- Opportunity costs: Reserving 516,350 ML in specified reserve types (sec.31) means that water is withheld from immediate market allocation; how quickly and to whom it is released (sec.34) affects regional development opportunities.  \n\n- Implementation risks: The plan relies on a modelling platform (Source Rivers) and several time‑bound measures (measurement deadlines; monitoring strategies) that require funding, data and technical capacity (secs.21, 26). The chief executive’s broad approving powers for alternative assessment methods and licence conditions concentrate operational risk in the administering agency (secs.26, 44, 65).\n\nConcrete limits and notable rules to watch\n\n- Small unlicensed take limit: a person may not take more than 5 ML in a water year for certain prescribed activities (sec.27).  \n\n- Overland flow rules: taking overland flow generally requires a licence except narrow exceptions (stock/domestic, authorised existing works, certain pre-2018 works with approvals, or small works outside the Normanby catchment ≤ 50 ML) (sec.28).  \n\n- Storage caps for interference licences: e.g., pumping pools and town supply security have explicit storage caps and additional approval conditions (secs.52–54).  \n\n- Conversion mechanics: when converting existing licences into water allocations the chief executive must calculate nominal volumes using historical use and a Source Rivers simulated mean annual diversion, and apply set formulas or discretion for rate and volumetric limits (secs.40–43).  \n\nKey sections to refer to for implementation detail: sec.21 (metering/monitoring deadlines), sec.24 (allocation security targets), sec.26 (Source Rivers model), secs.31–35 (unallocated water and reserves), secs.36–45 (conversion rules), sec.66 (water management protocol).\n\nSource-claim vs practical effect: The plan claims to provide a framework for sustainable allocation and to support Indigenous aspirations (sec.2). Practically, it does this by (i) legally reserving a large explicit volume of water for specified purposes, (ii) imposing technical modelling and measurement requirements that can restrict take, and (iii) vesting a high degree of operational decision-making in the chief executive and in a water management protocol that will determine many detailed rules (secs.31, 21, 26, 44, 66). Those mechanisms create concentrated administrative control and impose compliance costs on water users; they also create a pathway for targeted allocation to eligible Indigenous entities.\n"},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The plan's scope appears consistent with its stated purposes. It covers surface water and underground water across the Cape York plan area as defined, with a clear and deliberate exclusion for Great Artesian Basin waters already covered by a separate plan. The inclusion of strong Indigenous water rights provisions appears to be an intentional and primary purpose of the plan rather than scope creep, as it is explicitly stated in the opening purposes clause and carried through consistently in the reserve structure, licence offer obligations, and cultural outcomes framework."},"complexity_factors":["Multiple overlapping spatial frameworks (catchments, water management areas, underground water management areas, water allocation zones, water licence zones, trading zones, nodes) each with different rules","Tiered water reserve system with three distinct categories (Heritage Area, Strategic, General) each with different eligibility criteria, release processes and purposes","Cross-references to multiple external instruments including the Water Act, Water Regulation 2016, Water Plan (Great Artesian Basin) 2017, Environmental Protection (Water and Wetland Biodiversity) Policy 2019, Aboriginal Land Act 1991, Torres Strait Islander Land Act 1991, and Native Title Act 1993","Technical hydrological concepts including simulation modelling (Source Rivers computer program), annual volume probability, simulated mean annual diversion, and flow regime requirements","Conversion process from water licences to water allocations with detailed calculations for maximum rate and volumetric limits using different formulas depending on what the original licence stated","Different rules apply to different named catchments (Endeavour, Jeannie, Normanby vs others), creating a patchwork of location-specific obligations","Special Indigenous rights framework layered on top of the general water rights system, with proactive licence offer obligations and separate reserve access pathways","Multiple numerical limits and deadlines (5ML annual cap, 50ML works capacity, 20ML vs 250ML storage limits, 2ML vs 20ML pumping pool limits, dates in 2018, 2020, 2021, 2022)","Distinction between unsupplemented and supplemented water, overland flow, surface water and underground water each subject to different rules","Significant volume of schedules (9 schedules including maps, tables, environmental flow objectives and performance indicators) that are integral to the plan but not reproduced in the main body"],"plain_english_summary":"The Water Plan (Cape York) 2019 is Queensland’s legal rulebook for who can take water in the Cape York Peninsula, how much, from where, and under what conditions. It affects farmers, miners, towns, tourism operators and especially Aboriginal and Torres Strait Islander communities by controlling licences, setting catchment-specific limits, enabling tradeable water rights, and holding a large reserved volume for Indigenous and strategic uses.\n\nThe plan also locks in environmental protections for rivers, wetlands and groundwater and requires decisions to meet ecological targets."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-cape-york-2019","history":"/api/acts/water-plan-cape-york-2019/history","analysis":"/api/acts/water-plan-cape-york-2019/analysis","conflicts":"/api/acts/water-plan-cape-york-2019/conflicts","importantCases":"/api/acts/water-plan-cape-york-2019/important-cases","documents":"/api/acts/water-plan-cape-york-2019/documents"}}