{"id":"qld:sl-2011-0226","name":"Water Plan (Cooper Creek) 2011","slug":"water-plan-cooper-creek-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"226 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175680,"registerId":"qld-qld:sl-2011-0226-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.14","sectionType":"section","heading":"Decisions about taking water","content":"### sec.14 Decisions about taking water\n\nThe chief executive is not to make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water allowed to be taken in the plan area.\nA decision mentioned in subsection (1) includes a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.\nSubsection (1) does not apply to a decision about—\na water permit; or\nreinstating or replacing an expired authorisation; or\ntaking overland flow water under section 38 ; or\nunallocated water; or\na water licence mentioned in section 20 .\n(sec.14-ssec.1) The chief executive is not to make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water allowed to be taken in the plan area.\n(sec.14-ssec.2) A decision mentioned in subsection (1) includes a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.\n(sec.14-ssec.3) Subsection (1) does not apply to a decision about— a water permit; or reinstating or replacing an expired authorisation; or taking overland flow water under section 38 ; or unallocated water; or a water licence mentioned in section 20 .\n- (a) a water permit; or\n- (b) reinstating or replacing an expired authorisation; or\n- (c) taking overland flow water under section 38 ; or\n- (d) unallocated water; or\n- (e) a water licence mentioned in section 20 .","sortOrder":1},{"sectionNumber":"sec.15","sectionType":"section","heading":"Measuring devices","content":"### sec.15 Measuring devices\n\ns 15 om 2014 SL No. 142 s 69","sortOrder":2},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Unallocated water","content":"# Unallocated water","sortOrder":3},{"sectionNumber":"sec.16","sectionType":"section","heading":"Establishing unallocated water reserves","content":"### sec.16 Establishing unallocated water reserves\n\nThis plan makes the following volumes of unallocated water available—\nfor a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations;\nfor a non-irrigation purpose—a general reserve of 200ML;\nfor a project of State or regional significance—a strategic reserve of 1,300ML;\nfor a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.\nThe volumes mentioned in subsection (1) are nominal entitlements.\nUnallocated water may be taken from—\na watercourse, lake or spring; or\noverland flow.\nA volume of water granted from the Indigenous reserve—\nif the volume of water is granted for a project—\nis to be granted for the life of the project; and\nreturns to the Indigenous reserve on the completion of the project; or\notherwise—returns to the Indigenous reserve when the water is no longer needed.\nA volume of water granted from the strategic reserve for a project of State or regional significance—\nmust be granted only for the life of the project; and\nreturns to the strategic reserve on the completion of the project.\n(sec.16-ssec.1) This plan makes the following volumes of unallocated water available— for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations; for a non-irrigation purpose—a general reserve of 200ML; for a project of State or regional significance—a strategic reserve of 1,300ML; for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.\n(sec.16-ssec.2) The volumes mentioned in subsection (1) are nominal entitlements.\n(sec.16-ssec.3) Unallocated water may be taken from— a watercourse, lake or spring; or overland flow.\n(sec.16-ssec.4) A volume of water granted from the Indigenous reserve— if the volume of water is granted for a project— is to be granted for the life of the project; and returns to the Indigenous reserve on the completion of the project; or otherwise—returns to the Indigenous reserve when the water is no longer needed.\n(sec.16-ssec.5) A volume of water granted from the strategic reserve for a project of State or regional significance— must be granted only for the life of the project; and returns to the strategic reserve on the completion of the project.\n- (a) for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations;\n- (b) for a non-irrigation purpose—a general reserve of 200ML;\n- (c) for a project of State or regional significance—a strategic reserve of 1,300ML;\n- (d) for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.\n- (a) a watercourse, lake or spring; or\n- (b) overland flow.\n- (a) if the volume of water is granted for a project— (i) is to be granted for the life of the project; and (ii) returns to the Indigenous reserve on the completion of the project; or\n- (i) is to be granted for the life of the project; and\n- (ii) returns to the Indigenous reserve on the completion of the project; or\n- (b) otherwise—returns to the Indigenous reserve when the water is no longer needed.\n- (i) is to be granted for the life of the project; and\n- (ii) returns to the Indigenous reserve on the completion of the project; or\n- (a) must be granted only for the life of the project; and\n- (b) returns to the strategic reserve on the completion of the project.","sortOrder":4},{"sectionNumber":"sec.17","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.17 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant having regard to the following—\nthe outcomes mentioned in chapter 3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant consideration.\nHowever, the chief executive may not consider a project for irrigation to be a project of regional significance.\n(sec.17-ssec.1) The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant having regard to the following— the outcomes mentioned in chapter 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 consideration.\n(sec.17-ssec.2) However, the chief executive may not consider a project for irrigation to be a project of regional significance.\n- (a) the outcomes mentioned in chapter 3 ;\n- (b) the economic or social impact the project will have on the region;\n- (c) the public interest and the welfare of people in the region;\n- (d) any other relevant consideration.","sortOrder":5},{"sectionNumber":"sec.18","sectionType":"section","heading":"Interim arrangements for applications about unallocated water","content":"### sec.18 Interim arrangements for applications about unallocated water\n\ns 18 om 2014 SL No. 142 s 70","sortOrder":6},{"sectionNumber":"sec.19","sectionType":"section","heading":"Process for dealing with unallocated water","content":"### sec.19 Process for dealing with unallocated water\n\nThe resource operations plan includes the process for dealing with unallocated water in the plan area.\nIn preparing and implementing the process, the chief executive is to consider the following—\nthe purpose for which the water is required;\nthe efficiency of existing and proposed water use practices;\nthe extent to which water is being taken under existing authorisations in the plan area;\nthe availability of an alternative water supply for the purpose for which the water is required;\nthe impact the proposed taking of, or interfering with, the water may have on the following—\nthe ecological values of the catchment;\nwater quality;\naccess to water under existing entitlements;\nstock or domestic supplies;\nthe drawdown levels in waterholes;\nthe natural movement of sediment;\nlow flows;\nwaterholes and wetlands;\nconnections between waterholes, particularly at times of low flow;\nthe floodplain downstream of the proposed taking or interfering;\ninundation of habitats;\nthe movement of fish and other aquatic species;\nrecreation and aesthetic values;\ncultural values, including, for example, cultural values of local Aboriginal communities;\nthe connection with groundwater;\nthe imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows;\nfor an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.\ns 19 amd 2016 SL No. 216 s 146 sch 20\n(sec.19-ssec.1) The resource operations plan includes the process for dealing with unallocated water in the plan area.\n(sec.19-ssec.2) In preparing and implementing the process, the chief executive is to consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water is being taken under existing authorisations in the plan area; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on the following— the ecological values of the catchment; water quality; access to water under existing entitlements; stock or domestic supplies; the drawdown levels in waterholes; the natural movement of sediment; low flows; waterholes and wetlands; connections between waterholes, particularly at times of low flow; the floodplain downstream of the proposed taking or interfering; inundation of habitats; the movement of fish and other aquatic species; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal communities; the connection with groundwater; the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows; for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.\n- (a) the purpose for which the water is required;\n- (b) the efficiency of existing and proposed water use practices;\n- (c) the extent to which water is being taken under existing authorisations in the plan area;\n- (d) the availability of an alternative water supply for the purpose for which the water is required;\n- (e) the impact the proposed taking of, or interfering with, the water may have on the following— (i) the ecological values of the catchment; (ii) water quality; (iii) access to water under existing entitlements; (iv) stock or domestic supplies; (v) the drawdown levels in waterholes; (vi) the natural movement of sediment; (vii) low flows; (viii) waterholes and wetlands; (ix) connections between waterholes, particularly at times of low flow; (x) the floodplain downstream of the proposed taking or interfering; (xi) inundation of habitats; (xii) the movement of fish and other aquatic species; (xiii) recreation and aesthetic values; (xiv) cultural values, including, for example, cultural values of local Aboriginal communities; (xv) the connection with groundwater;\n- (i) the ecological values of the catchment;\n- (ii) water quality;\n- (iii) access to water under existing entitlements;\n- (iv) stock or domestic supplies;\n- (v) the drawdown levels in waterholes;\n- (vi) the natural movement of sediment;\n- (vii) low flows;\n- (viii) waterholes and wetlands;\n- (ix) connections between waterholes, particularly at times of low flow;\n- (x) the floodplain downstream of the proposed taking or interfering;\n- (xi) inundation of habitats;\n- (xii) the movement of fish and other aquatic species;\n- (xiii) recreation and aesthetic values;\n- (xiv) cultural values, including, for example, cultural values of local Aboriginal communities;\n- (xv) the connection with groundwater;\n- (f) the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows;\n- (g) for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.\n- (i) the ecological values of the catchment;\n- (ii) water quality;\n- (iii) access to water under existing entitlements;\n- (iv) stock or domestic supplies;\n- (v) the drawdown levels in waterholes;\n- (vi) the natural movement of sediment;\n- (vii) low flows;\n- (viii) waterholes and wetlands;\n- (ix) connections between waterholes, particularly at times of low flow;\n- (x) the floodplain downstream of the proposed taking or interfering;\n- (xi) inundation of habitats;\n- (xii) the movement of fish and other aquatic species;\n- (xiii) recreation and aesthetic values;\n- (xiv) cultural values, including, for example, cultural values of local Aboriginal communities;\n- (xv) the connection with groundwater;","sortOrder":7},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Granting water entitlements other than entitlements to unallocated water","content":"# Granting water entitlements other than entitlements to unallocated water","sortOrder":8},{"sectionNumber":"sec.20","sectionType":"section","heading":"Water licences to replace authorities","content":"### sec.20 Water licences to replace authorities\n\nThe chief executive may, under section 212 of the Act , grant a water licence to take or interfere with water that could have been taken or interfered with under—\nan authority continued under the Act and in existence on 11 July 2008; or\nan authority issued under section 4 of the repealed Water Act 1926–1983 ; or\nany historic permission, either formal or implicit, given to the State or local government to take or interfere with water.\nA water licence mentioned in subsection (1) (c) may be granted only to the State or a local government.\nIn deciding the nominal entitlement of water that may be taken under the water licence to take water, the chief executive must consider the matters mentioned in section 30 .\nIn deciding the maximum rate for taking water under the water licence to take water, the chief executive must consider the matters mentioned in section 28 .\nIn deciding the daily volumetric limit under the water licence to take water, the chief executive must consider the matters mentioned in section 29 .\nThe owner of existing works associated with an authority or permission mentioned in subsection (1) (a) , (b) or (c) may continue to use the works to take water until the chief executive grants a water licence to the owner under subsection (1) .\n(sec.20-ssec.1) The chief executive may, under section 212 of the Act , grant a water licence to take or interfere with water that could have been taken or interfered with under— an authority continued under the Act and in existence on 11 July 2008; or an authority issued under section 4 of the repealed Water Act 1926–1983 ; or any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.\n(sec.20-ssec.2) A water licence mentioned in subsection (1) (c) may be granted only to the State or a local government.\n(sec.20-ssec.3) In deciding the nominal entitlement of water that may be taken under the water licence to take water, the chief executive must consider the matters mentioned in section 30 .\n(sec.20-ssec.4) In deciding the maximum rate for taking water under the water licence to take water, the chief executive must consider the matters mentioned in section 28 .\n(sec.20-ssec.5) In deciding the daily volumetric limit under the water licence to take water, the chief executive must consider the matters mentioned in section 29 .\n(sec.20-ssec.6) The owner of existing works associated with an authority or permission mentioned in subsection (1) (a) , (b) or (c) may continue to use the works to take water until the chief executive grants a water licence to the owner under subsection (1) .\n- (a) an authority continued under the Act and in existence on 11 July 2008; or\n- (b) an authority issued under section 4 of the repealed Water Act 1926–1983 ; or\n- (c) any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.","sortOrder":9},{"sectionNumber":"sec.21","sectionType":"section","heading":"Granting of water permits","content":"### sec.21 Granting of water permits\n\nThis section applies to an application for the granting of a water permit to take water from a waterhole or lake.\nIf a person applies for a water permit to take water from a waterhole or lake mentioned in schedule 5 , section 1 , the person must provide the chief executive with information about the total volume and current water level of the waterhole or lake.\nIn deciding the application for a water permit, the chief executive must consider the following—\nthe purpose for which the water is required;\nthe total volume and current level of the waterhole or lake;\nthe extent to which water is being taken from the waterhole or lake by existing authorisations;\nthe availability of an alternative water supply for the purpose for which the water is required;\nthe impact the proposed taking of, or interfering with, the water may have on—\nthe drawdown level of the waterhole or lake; and\nthe ecological values of the waterhole or lake; and\nany cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.\ns 21 amd 2016 SL No. 216 s 146 sch 20\n(sec.21-ssec.1) This section applies to an application for the granting of a water permit to take water from a waterhole or lake.\n(sec.21-ssec.1A) If a person applies for a water permit to take water from a waterhole or lake mentioned in schedule 5 , section 1 , the person must provide the chief executive with information about the total volume and current water level of the waterhole or lake.\n(sec.21-ssec.2) In deciding the application for a water permit, the chief executive must consider the following— the purpose for which the water is required; the total volume and current level of the waterhole or lake; the extent to which water is being taken from the waterhole or lake by existing authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on— the drawdown level of the waterhole or lake; and the ecological values of the waterhole or lake; and any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities. s 21 amd 2016 SL No. 216 s 146 sch 20\n- (a) the purpose for which the water is required;\n- (b) the total volume and current level of the waterhole or lake;\n- (c) the extent to which water is being taken from the waterhole or lake by existing authorisations;\n- (d) the availability of an alternative water supply for the purpose for which the water is required;\n- (e) the impact the proposed taking of, or interfering with, the water may have on— (i) the drawdown level of the waterhole or lake; and (ii) the ecological values of the waterhole or lake; and (iii) any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.\n- (i) the drawdown level of the waterhole or lake; and\n- (ii) the ecological values of the waterhole or lake; and\n- (iii) any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.\n- (i) the drawdown level of the waterhole or lake; and\n- (ii) the ecological values of the waterhole or lake; and\n- (iii) any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.","sortOrder":10},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Water licences to take water from watercourse, lake or spring","content":"# Water licences to take water from watercourse, lake or spring","sortOrder":11},{"sectionNumber":"ch.4-pt.4-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":12},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application of pt 4","content":"### sec.22 Application of pt 4\n\nThis part applies to a water licence to take water from a watercourse, lake or spring.","sortOrder":13},{"sectionNumber":"ch.4-pt.4-div.2","sectionType":"division","heading":"Form of water licence to take water","content":"## Form of water licence to take water","sortOrder":14},{"sectionNumber":"sec.23","sectionType":"section","heading":"Elements of a water licence to take water","content":"### sec.23 Elements of a water licence to take water\n\nA water licence to take water must state the following—\nthe purpose for which water may be taken under the licence;\nthe maximum rate at which water may be taken under the licence;\nthe daily volumetric limit for the licence;\nthe nominal entitlement for the licence;\nthe conditions, if any, for the licence, including flow conditions and conditions about storing water taken under the licence.\nThe chief executive is to amend any existing water licences, other than existing water licences with a purpose of stock or domestic, to include the elements mentioned in subsection (1) (a) to (e) .\nThe chief executive is to amend any existing water licences with a purpose of stock or domestic to include the elements mentioned in subsection (1) (a) and (d) .\n(sec.23-ssec.1) A water licence to take water must state the following— the purpose for which water may be taken under the licence; the maximum rate at which water may be taken under the licence; the daily volumetric limit for the licence; the nominal entitlement for the licence; the conditions, if any, for the licence, including flow conditions and conditions about storing water taken under the licence.\n(sec.23-ssec.2) The chief executive is to amend any existing water licences, other than existing water licences with a purpose of stock or domestic, to include the elements mentioned in subsection (1) (a) to (e) .\n(sec.23-ssec.3) The chief executive is to amend any existing water licences with a purpose of stock or domestic to include the elements mentioned in subsection (1) (a) and (d) .\n- (a) the purpose for which water may be taken under the licence;\n- (b) the maximum rate at which water may be taken under the licence;\n- (c) the daily volumetric limit for the licence;\n- (d) the nominal entitlement for the licence;\n- (e) the conditions, if any, for the licence, including flow conditions and conditions about storing water taken under the licence.","sortOrder":15},{"sectionNumber":"sec.24","sectionType":"section","heading":"Restrictions on taking water from waterholes or lakes","content":"### sec.24 Restrictions on taking water from waterholes or lakes\n\nThis section applies if the chief executive makes a decision about granting a water licence, other than a decision about—\nreinstating or replacing an expired authorisation; or\ngranting a licence in accordance with section 20 ; or\ngranting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.\nWhen making a decision about the conditions that will apply to a water licence to take water from a waterhole or lake, the chief executive must consider the impact that the taking of water may have on the following—\nthe ecological values of the waterhole or lake;\nany cultural values associated with the waterhole or lake.\nIf the proposed taking of water is from a waterhole or lake listed in schedule 5 , section 1 , the chief executive must impose a condition on the water licence prohibiting the taking of water from below the natural cease-to-flow level of the waterhole or lake.\nSubsection (5) applies if a water licence, other than a water licence for the purpose of stock or domestic, proposes to take water from a waterhole or lake, other than a waterhole or lake listed in schedule 5 , section 1 .\nThe chief executive must impose a condition on the water licence prohibiting the taking of water from the waterhole or lake when the level of the waterhole or lake is lower than 0.5m below the natural cease-to-flow level of the waterhole or lake.\nSubsection (5) does not apply to a water licence proposing to take water from a waterhole listed in schedule 6 , section 1 that has been augmented by dams or weirs.\n(sec.24-ssec.1) This section applies if the chief executive makes a decision about granting a water licence, other than a decision about— reinstating or replacing an expired authorisation; or granting a licence in accordance with section 20 ; or granting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.\n(sec.24-ssec.2) When making a decision about the conditions that will apply to a water licence to take water from a waterhole or lake, the chief executive must consider the impact that the taking of water may have on the following— the ecological values of the waterhole or lake; any cultural values associated with the waterhole or lake.\n(sec.24-ssec.3) If the proposed taking of water is from a waterhole or lake listed in schedule 5 , section 1 , the chief executive must impose a condition on the water licence prohibiting the taking of water from below the natural cease-to-flow level of the waterhole or lake.\n(sec.24-ssec.4) Subsection (5) applies if a water licence, other than a water licence for the purpose of stock or domestic, proposes to take water from a waterhole or lake, other than a waterhole or lake listed in schedule 5 , section 1 .\n(sec.24-ssec.5) The chief executive must impose a condition on the water licence prohibiting the taking of water from the waterhole or lake when the level of the waterhole or lake is lower than 0.5m below the natural cease-to-flow level of the waterhole or lake.\n(sec.24-ssec.6) Subsection (5) does not apply to a water licence proposing to take water from a waterhole listed in schedule 6 , section 1 that has been augmented by dams or weirs.\n- (a) reinstating or replacing an expired authorisation; or\n- (b) granting a licence in accordance with section 20 ; or\n- (c) granting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.\n- (a) the ecological values of the waterhole or lake;\n- (b) any cultural values associated with the waterhole or lake.","sortOrder":16},{"sectionNumber":"ch.4-pt.4-div.3","sectionType":"division","heading":"Criteria for amending water licences to achieve plan outcomes","content":"## Criteria for amending water licences to achieve plan outcomes","sortOrder":17},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definitions for div 3","content":"### sec.25 Definitions for div 3\n\nIn this division—\namended water licence means an existing water licence to take water from a watercourse, lake or spring amended under section 217 of the Act .\nexisting water licence means a water licence in force immediately before the commencement of this plan.","sortOrder":18},{"sectionNumber":"sec.26","sectionType":"section","heading":"Amending the purpose stated on water licence held by Commonwealth Environmental Water Holder","content":"### sec.26 Amending the purpose stated on water licence held by Commonwealth Environmental Water Holder\n\nIf a water licence held by the Commonwealth Environmental Water Holder does not state a purpose, the chief executive is to amend the water licence to state a purpose of ‘environment’.\nIf a water licence held by the Commonwealth Environmental Water Holder states a purpose other than ‘environment’, the chief executive is to amend the water licence to state a purpose of ‘environment’.\n(sec.26-ssec.1) If a water licence held by the Commonwealth Environmental Water Holder does not state a purpose, the chief executive is to amend the water licence to state a purpose of ‘environment’.\n(sec.26-ssec.2) If a water licence held by the Commonwealth Environmental Water Holder states a purpose other than ‘environment’, the chief executive is to amend the water licence to state a purpose of ‘environment’.","sortOrder":19},{"sectionNumber":"sec.27","sectionType":"section","heading":"Restrictions on amending water licences","content":"### sec.27 Restrictions on amending water licences\n\nA water licence must not be amended to change the purpose—\nfrom environment to another purpose; or\nto irrigation.\n- (a) from environment to another purpose; or\n- (b) to irrigation.","sortOrder":20},{"sectionNumber":"sec.28","sectionType":"section","heading":"Maximum rate for taking water","content":"### sec.28 Maximum rate for taking water\n\nThe maximum rate at which water may be taken under an amended water licence is—\nfor an existing water licence that states a rate for taking water—the stated rate; or\nfor an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 2; or\nfor an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 4; or\nfor an existing water licence that states both a rate and a pump size—the stated rate; or\nfor another existing water licence—the rate, in litres per second, decided by the chief executive having regard to the conditions under which water may be taken under the water licence.\n- (a) for an existing water licence that states a rate for taking water—the stated rate; or\n- (b) for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 2; or\n- (c) for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 4; or\n- (d) for an existing water licence that states both a rate and a pump size—the stated rate; or\n- (e) for another existing water licence—the rate, in litres per second, decided by the chief executive having regard to the conditions under which water may be taken under the water licence.","sortOrder":21},{"sectionNumber":"sec.29","sectionType":"section","heading":"Daily volumetric limit for taking water","content":"### sec.29 Daily volumetric limit for taking water\n\nThe daily volumetric limit for an amended water licence to take water is—\nfor an existing water licence that states a volume of water that may be taken in a day—the stated volume; or\nfor an existing water licence that does not state a daily volume, but states a maximum rate expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or\nfor an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 3; or\nfor an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 5; or\nfor an existing water licence that states both a volume of water that may be taken in a day and a pump size—the stated volume; or\nfor an existing water licence that states both a maximum rate expressed in litres per second and a pump size—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or\nfor another existing water licence—the volume, in megalitres per day, decided by the chief executive having regard to the conditions under which water may be taken under the existing water licence.\nThe chief executive must ensure the daily volumetric limit for an amended water licence is not more than the total volume that could be taken in a day at the maximum rate decided for the existing water licence under section 28 .\n(sec.29-ssec.1) The daily volumetric limit for an amended water licence to take water is— for an existing water licence that states a volume of water that may be taken in a day—the stated volume; or for an existing water licence that does not state a daily volume, but states a maximum rate expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 3; or for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 5; or for an existing water licence that states both a volume of water that may be taken in a day and a pump size—the stated volume; or for an existing water licence that states both a maximum rate expressed in litres per second and a pump size—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or for another existing water licence—the volume, in megalitres per day, decided by the chief executive having regard to the conditions under which water may be taken under the existing water licence.\n(sec.29-ssec.2) The chief executive must ensure the daily volumetric limit for an amended water licence is not more than the total volume that could be taken in a day at the maximum rate decided for the existing water licence under section 28 .\n- (a) for an existing water licence that states a volume of water that may be taken in a day—the stated volume; or\n- (b) for an existing water licence that does not state a daily volume, but states a maximum rate expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or\n- (c) for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 3; or\n- (d) for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 5; or\n- (e) for an existing water licence that states both a volume of water that may be taken in a day and a pump size—the stated volume; or\n- (f) for an existing water licence that states both a maximum rate expressed in litres per second and a pump size—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or\n- (g) for another existing water licence—the volume, in megalitres per day, decided by the chief executive having regard to the conditions under which water may be taken under the existing water licence.","sortOrder":22},{"sectionNumber":"sec.30","sectionType":"section","heading":"Nominal entitlements for taking water","content":"### sec.30 Nominal entitlements for taking water\n\nThe nominal entitlement for an amended water licence to take water is—\nfor an existing water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; or\nfor an existing water licence with the purpose of irrigation that states an area that may be irrigated—the volume in megalitres calculated by multiplying the area in hectares by 16; or\nfor another existing water licence—the volume decided by the chief executive having regard to the following—\nthe maximum rate of take for taking water under the existing water licence determined under section 28 ;\nthe conditions under which water may be taken under the existing water licence determined under section 31 ;\nthe annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\nSubsection (1) (b) does not apply if an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated.\nIf an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated, then the nominal entitlement is the volume of water that may be taken in a period of 12 months as stated on the existing water licence.\n(sec.30-ssec.1) The nominal entitlement for an amended water licence to take water is— for an existing water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; or for an existing water licence with the purpose of irrigation that states an area that may be irrigated—the volume in megalitres calculated by multiplying the area in hectares by 16; or for another existing water licence—the volume decided by the chief executive having regard to the following— the maximum rate of take for taking water under the existing water licence determined under section 28 ; the conditions under which water may be taken under the existing water licence determined under section 31 ; the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the use of the water mentioned in subparagraph (iii) .\n(sec.30-ssec.2) Subsection (1) (b) does not apply if an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated.\n(sec.30-ssec.3) If an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated, then the nominal entitlement is the volume of water that may be taken in a period of 12 months as stated on the existing water licence.\n- (a) for an existing water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; or\n- (b) for an existing water licence with the purpose of irrigation that states an area that may be irrigated—the volume in megalitres calculated by multiplying the area in hectares by 16; or\n- (c) for another existing water licence—the volume decided by the chief executive having regard to the following— (i) the maximum rate of take for taking water under the existing water licence determined under section 28 ; (ii) the conditions under which water may be taken under the existing water licence determined under section 31 ; (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan; (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the maximum rate of take for taking water under the existing water licence determined under section 28 ;\n- (ii) the conditions under which water may be taken under the existing water licence determined under section 31 ;\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan;\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the maximum rate of take for taking water under the existing water licence determined under section 28 ;\n- (ii) the conditions under which water may be taken under the existing water licence determined under section 31 ;\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan;\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .","sortOrder":23},{"sectionNumber":"sec.31","sectionType":"section","heading":"Conditions for water licences","content":"### sec.31 Conditions for water licences\n\nIn deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider—\nthe terms or conditions stated on the existing water licence; and\nany existing water sharing arrangements that relate to the existing water licence.\nlocal management rules for water restrictions\nSubsection (3) applies if—\nthe existing water licence is for water harvesting; and\nthe water that could have been taken by water harvesting could have been stored in storage that is works that allow the taking of overland flow water.\nThe chief executive is to impose a condition on the existing water licence to ensure there is no increase in the volume of overland flow water the storage may take.\n(sec.31-ssec.1) In deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider— the terms or conditions stated on the existing water licence; and any existing water sharing arrangements that relate to the existing water licence. local management rules for water restrictions\n(sec.31-ssec.2) Subsection (3) applies if— the existing water licence is for water harvesting; and the water that could have been taken by water harvesting could have been stored in storage that is works that allow the taking of overland flow water.\n(sec.31-ssec.3) The chief executive is to impose a condition on the existing water licence to ensure there is no increase in the volume of overland flow water the storage may take.\n- (a) the terms or conditions stated on the existing water licence; and\n- (b) any existing water sharing arrangements that relate to the existing water licence. Example of existing water sharing arrangements— local management rules for water restrictions\n- (a) the existing water licence is for water harvesting; and\n- (b) the water that could have been taken by water harvesting could have been stored in storage that is works that allow the taking of overland flow water.","sortOrder":24},{"sectionNumber":"sec.32","sectionType":"section","heading":"Storing water taken under a water licence","content":"### sec.32 Storing water taken under a water licence\n\nFor an amended water licence with the stated purpose of irrigation, the chief executive is to impose a condition prohibiting the storage of water taken for that purpose (a ‘no store’ condition ).\nHowever, a ‘no store’ condition must not apply to a balancing storage.\nWhen deciding the balancing storage, the chief executive must have regard to the volume of water reasonably necessary for the efficient operation of irrigation infrastructure and the nominal entitlement of the existing water licence, provided—\nfor a balancing storage in existence at the commencement of this plan—the volume does not exceed the greater of the following—\nthe capacity of the existing storage used to store the irrigation water component at the commencement of this plan;\n30ML; or\nfor a balancing storage constructed after the commencement of this plan—\nthe storage volume does not exceed 30ML; and\nthe storage does not take overland flow water.\nAn amended water licence with a ‘no store’ condition is not to be amended to remove the condition.\nIn this section—\nbalancing storage means the storage of a maximum volume of water decided by the chief executive under subsection (3) .\nirrigation infrastructure means water infrastructure or other works for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.\n(sec.32-ssec.1) For an amended water licence with the stated purpose of irrigation, the chief executive is to impose a condition prohibiting the storage of water taken for that purpose (a ‘no store’ condition ).\n(sec.32-ssec.2) However, a ‘no store’ condition must not apply to a balancing storage.\n(sec.32-ssec.3) When deciding the balancing storage, the chief executive must have regard to the volume of water reasonably necessary for the efficient operation of irrigation infrastructure and the nominal entitlement of the existing water licence, provided— for a balancing storage in existence at the commencement of this plan—the volume does not exceed the greater of the following— the capacity of the existing storage used to store the irrigation water component at the commencement of this plan; 30ML; or for a balancing storage constructed after the commencement of this plan— the storage volume does not exceed 30ML; and the storage does not take overland flow water.\n(sec.32-ssec.4) An amended water licence with a ‘no store’ condition is not to be amended to remove the condition.\n(sec.32-ssec.5) In this section— balancing storage means the storage of a maximum volume of water decided by the chief executive under subsection (3) . irrigation infrastructure means water infrastructure or other works for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.\n- (a) for a balancing storage in existence at the commencement of this plan—the volume does not exceed the greater of the following— (i) the capacity of the existing storage used to store the irrigation water component at the commencement of this plan; (ii) 30ML; or\n- (i) the capacity of the existing storage used to store the irrigation water component at the commencement of this plan;\n- (ii) 30ML; or\n- (b) for a balancing storage constructed after the commencement of this plan— (i) the storage volume does not exceed 30ML; and (ii) the storage does not take overland flow water.\n- (i) the storage volume does not exceed 30ML; and\n- (ii) the storage does not take overland flow water.\n- (i) the capacity of the existing storage used to store the irrigation water component at the commencement of this plan;\n- (ii) 30ML; or\n- (i) the storage volume does not exceed 30ML; and\n- (ii) the storage does not take overland flow water.","sortOrder":25},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Interference with water in watercourse, lake or spring","content":"# Interference with water in watercourse, lake or spring","sortOrder":26},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of pt 5","content":"### sec.33 Application of pt 5\n\nThis part applies to an application, made under section 206 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.","sortOrder":27},{"sectionNumber":"sec.34","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.34 Limitations on interference with water\n\nThe application may be granted only if the purpose of the interference or increase is—\nto store water to be taken under an authorisation for stock or domestic purposes; or\nto store water to be taken under an authorisation for the purpose of town water supply; or\nto provide a pumping pool.\nHowever, the application is not to be granted if—\nthe granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or\nfor an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or\nthe works are to be located on a watercourse mentioned in schedule 4 .\nSubsection (2) (c) does not apply to an application for an interference by impounding water for the purpose of accessing water under a water entitlement with its purpose stated as town water supply.\nIn deciding the application, the chief executive must consider—\nfor impounding water to allow the taking of water under a water authorisation—\nexisting water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and\nthe availability of water at the proposed site; and\nthe impact the proposed interference or increase in interference may have on the following—\nin-stream water levels;\nthe natural movement of sediment;\nthe bed and banks of the watercourse or lake;\nriparian vegetation;\nhabitats for native plants and animals;\nthe movement of fish and other aquatic species;\nthe cultural and ecological values of watercourses, waterholes, lakes or springs.\nSubsections (2) and (4) do not apply if the application is for an in-stream water storage development in existence immediately before 1 May 1998.\ns 34 amd 2016 SL No. 216 s 146 sch 20\n(sec.34-ssec.1) The application may be granted only if the purpose of the interference or increase is— to store water to be taken under an authorisation for stock or domestic purposes; or to store water to be taken under an authorisation for the purpose of town water supply; or to provide a pumping pool.\n(sec.34-ssec.2) However, the application is not to be granted if— the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or the works are to be located on a watercourse mentioned in schedule 4 .\n(sec.34-ssec.3) Subsection (2) (c) does not apply to an application for an interference by impounding water for the purpose of accessing water under a water entitlement with its purpose stated as town water supply.\n(sec.34-ssec.4) In deciding the application, the chief executive must consider— for impounding water to allow the taking of water under a water authorisation— existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and the availability of water at the proposed site; and the impact the proposed interference or increase in interference may have on the following— in-stream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs.\n(sec.34-ssec.5) Subsections (2) and (4) do not apply if the application is for an in-stream water storage development in existence immediately before 1 May 1998.\n- (a) to store water to be taken under an authorisation for stock or domestic purposes; or\n- (b) to store water to be taken under an authorisation for the purpose of town water supply; or\n- (c) to provide a pumping pool.\n- (a) the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or\n- (b) for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or\n- (c) the works are to be located on a watercourse mentioned in schedule 4 .\n- (a) for impounding water to allow the taking of water under a water authorisation— (i) existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and (ii) the availability of water at the proposed site; and\n- (i) existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and\n- (ii) the availability of water at the proposed site; and\n- (b) the impact the proposed interference or increase in interference may have on the following— (i) in-stream water levels; (ii) the natural movement of sediment; (iii) the bed and banks of the watercourse or lake; (iv) riparian vegetation; (v) habitats for native plants and animals; (vi) the movement of fish and other aquatic species; (vii) the cultural and ecological values of watercourses, waterholes, lakes or springs.\n- (i) in-stream water levels;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of the watercourse or lake;\n- (iv) riparian vegetation;\n- (v) habitats for native plants and animals;\n- (vi) the movement of fish and other aquatic species;\n- (vii) the cultural and ecological values of watercourses, waterholes, lakes or springs.\n- (i) existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and\n- (ii) the availability of water at the proposed site; and\n- (i) in-stream water levels;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of the watercourse or lake;\n- (iv) riparian vegetation;\n- (v) habitats for native plants and animals;\n- (vi) the movement of fish and other aquatic species;\n- (vii) the cultural and ecological values of watercourses, waterholes, lakes or springs.","sortOrder":28},{"sectionNumber":"sec.35","sectionType":"section","heading":"Interference with water for the provision of a pumping pool","content":"### sec.35 Interference with water for the provision of a 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 an authorisation.\nThe proposed storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly while minimising the impact the proposed interference may have on the following—\nin-stream water levels;\na matter mentioned in section 34 (4) (b) .\nIn deciding the application, the chief executive must also consider if there is an alternative method available for providing for the operation of the pump that would have a lesser impact on any of the matters mentioned in subsection (2) .\na pump well constructed in bed sand\n(sec.35-ssec.1) This section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\n(sec.35-ssec.2) The proposed storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly while minimising the impact the proposed interference may have on the following— in-stream water levels; a matter mentioned in section 34 (4) (b) .\n(sec.35-ssec.3) In deciding the application, the chief executive must also consider if there is an alternative method available for providing for the operation of the pump that would have a lesser impact on any of the matters mentioned in subsection (2) . a pump well constructed in bed sand\n- (a) in-stream water levels;\n- (b) a matter mentioned in section 34 (4) (b) .","sortOrder":29},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Regulating overland flow water","content":"# Regulating overland flow water","sortOrder":30},{"sectionNumber":"sec.36","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 20 (2)","content":"### sec.36 Limitation on taking overland flow water— Act , s 20 (2)\n\nThis section limits the overland flow water that may be taken under section 20 (2) of the Act .\nA person may only take overland flow water—\nfor stock or domestic purposes; or\nfor another purpose, other than irrigation, if the works for taking the overland flow water have a capacity of not more than 10ML; or\nunder a water licence granted from unallocated water; or\nof a volume of not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nthat is contaminated agricultural runoff water; or\nunder section 37 .\ns 36 amd 2013 Act No. 23 s 352 sch 1 pt 2\n(sec.36-ssec.1) This section limits the overland flow water that may be taken under section 20 (2) of the Act .\n(sec.36-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or for another purpose, other than irrigation, if the works for taking the overland flow water have a capacity of not more than 10ML; or under a water licence granted from unallocated water; or of a volume of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or under section 37 .\n- (a) for stock or domestic purposes; or\n- (b) for another purpose, other than irrigation, if the works for taking the overland flow water have a capacity of not more than 10ML; or\n- (c) under a water licence granted from unallocated water; or\n- (d) of a volume of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) that is contaminated agricultural runoff water; or\n- (f) under section 37 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":31},{"sectionNumber":"sec.37","sectionType":"section","heading":"Use of existing or reconfigured works to take overland flow water authorised","content":"### sec.37 Use of existing or reconfigured works to take overland flow water authorised\n\nThis section applies to the owner of land on which either of the following is situated—\nexisting overland flow works;\noverland flow works that—\nare a reconfiguration of existing overland flow works; and\ndo not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.\nThe owner may continue to use the works mentioned in subsection (1) to take overland flow water for 1 year after the commencement of this section (the automatic period ).\nIf the owner gives the chief executive notice of the overland flow works, in the approved form, and any further information required by the chief executive about the works within the automatic period, the owner may continue to use the overland flow works to take overland flow water after the automatic period.\nSubsection (2) does not authorise the owner to increase the average annual volume of overland flow water that may be taken using the overland flow works.\n(sec.37-ssec.1) This section applies to the owner of land on which either of the following is situated— existing overland flow works; overland flow works that— are a reconfiguration of existing overland flow works; and do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.\n(sec.37-ssec.2) The owner may continue to use the works mentioned in subsection (1) to take overland flow water for 1 year after the commencement of this section (the automatic period ).\n(sec.37-ssec.3) If the owner gives the chief executive notice of the overland flow works, in the approved form, and any further information required by the chief executive about the works within the automatic period, the owner may continue to use the overland flow works to take overland flow water after the automatic period.\n(sec.37-ssec.4) Subsection (2) does not authorise the owner to increase the average annual volume of overland flow water that may be taken using the overland flow works.\n- (a) existing overland flow works;\n- (b) overland flow works that— (i) are a reconfiguration of existing overland flow works; and (ii) do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.\n- (i) are a reconfiguration of existing overland flow works; and\n- (ii) do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.\n- (i) are a reconfiguration of existing overland flow works; and\n- (ii) do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.","sortOrder":32},{"sectionNumber":"sec.38","sectionType":"section","heading":"Granting water licences for using existing works or reconfiguration of existing works","content":"### sec.38 Granting water licences for using existing works or reconfiguration of existing works\n\nThis section applies if—\nan owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and\nthe chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.\nThe chief executive may—\nunder section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and\nimpose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.\n(sec.38-ssec.1) This section applies if— an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.\n(sec.38-ssec.2) The chief executive may— under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.\n- (a) an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and\n- (b) the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.\n- (a) under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and\n- (b) impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.","sortOrder":33},{"sectionNumber":"sec.39","sectionType":"section","heading":"Interim arrangements for taking overland flow water","content":"### sec.39 Interim arrangements for taking overland flow water\n\nThis section applies until the resource operations plan is approved.\nNew works for taking overland flow water in the plan area must not be physically started, and works that are completed or partly completed must not be raised, enlarged or deepened, unless the works are—\nfor stock or domestic purposes; or\nfor another purpose, other than irrigation, if the works have a capacity of not more than 10ML; or\nof a volume less than or equal to the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nfor contaminated agricultural runoff water; or\nunder section 37 .\nAn application, under section 206 of the Act , for a water licence to take overland flow water must not be granted unless the works to which the application relates are for—\nthe purpose of town and community water supply; or\na project of State or regional significance.\n(sec.39-ssec.1) This section applies until the resource operations plan is approved.\n(sec.39-ssec.2) New works for taking overland flow water in the plan area must not be physically started, and works that are completed or partly completed must not be raised, enlarged or deepened, unless the works are— for stock or domestic purposes; or for another purpose, other than irrigation, if the works have a capacity of not more than 10ML; or of a volume less than or equal to the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or for contaminated agricultural runoff water; or under section 37 .\n(sec.39-ssec.3) An application, under section 206 of the Act , for a water licence to take overland flow water must not be granted unless the works to which the application relates are for— the purpose of town and community water supply; or a project of State or regional significance.\n- (a) for stock or domestic purposes; or\n- (b) for another purpose, other than irrigation, if the works have a capacity of not more than 10ML; or\n- (c) of a volume less than or equal to the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (d) for contaminated agricultural runoff water; or\n- (e) under section 37 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (a) the purpose of town and community water supply; or\n- (b) a project of State or regional significance.","sortOrder":34},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Relationship with Sustainable Planning Act 2009","content":"# Relationship with Sustainable Planning Act 2009","sortOrder":35},{"sectionNumber":"sec.40","sectionType":"section","heading":"Works for taking overland flow water","content":"### sec.40 Works for taking overland flow water\n\ns 40 om 2016 SL No. 216 s 146 sch 20","sortOrder":36},{"sectionNumber":"sec.41","sectionType":"section","heading":"Particular works for interfering with water","content":"### sec.41 Particular works for interfering with water\n\ns 41 om 2016 SL No. 216 s 146 sch 20","sortOrder":37}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The provisions analysed appear consistent with the plan's stated purpose of managing water allocation in the Cooper Creek plan area. The rules cap extraction at existing levels, establish controlled unallocated reserves, and protect ecological values — all consistent with a statutory water resource plan. The exclusion of irrigation from new allocations and the 'no store' conditions are restrictive but appear to reflect deliberate policy choices aligned with protecting a sensitive arid catchment, not a departure from the plan's original intent."},"complexity_factors":["Multiple overlapping categories of water entitlements (water licences, water permits, overland flow authorisations, unallocated reserves) each with different rules","Numerous cross-references to other sections of the plan and to external Acts (Water Act, Environmental Protection Act 1994, Sustainable Planning Act 2009)","Highly technical volumetric calculations for converting pump sizes to daily limits and nominal entitlements, including specific mathematical formulas (e.g., rate × 0.0864)","Complex conditional logic with many exceptions and carve-outs (e.g., section 24's waterhole restrictions have three layers of conditions depending on which schedule the waterhole appears in)","Multiple schedule references (schedules 3–6, 8) that are not reproduced here but are essential to apply the rules","Interaction between transitional/historical authorisations (pre-1998, pre-2008, and old Water Act 1926–1983 authorities) and the current regime","Distinction between 'average annual volume' and 'nominal entitlement' concepts that require specialist hydrological understanding","Two sections already omitted/repealed (ss 15, 18, 40, 41), creating gaps that require tracing legislative history","Separate rules for irrigation vs non-irrigation, stock/domestic vs commercial, existing vs new works, and in-stream vs overland flow water adds combinatorial complexity"],"plain_english_summary":"This plan is Queensland’s water-management framework for Cooper Creek: it effectively freezes increases in water extraction, reserves limited volumes for communities and projects, tightly restricts new irrigation and storage, protects permanent waterholes, regulates overland flow capture, and converts old permissions into formal licences. It affects farmers, councils, Aboriginal communities, resource companies and environmental managers because it protects the Lake Eyre Basin’s fragile ecosystems while allowing limited, controlled use."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a water resource plan for the Cooper Creek catchment. The provisions cover standard water planning elements: allocation limits, conversion of existing entitlements, unallocated water reserves, and environmental protections. While there are amendments visible (sections omitted in 2014 and 2016), these appear to be refinements rather than scope expansion. The plan maintains its core purpose of managing water extraction while balancing economic, social, environmental and cultural outcomes."},"complexity_factors":["Multiple nested exceptions to the general 'no increase' rule in section 14 (5 specific exemptions listed)","Cross-references to external legislation including the Water Act, Environmental Protection Act 1994, and Sustainable Planning Act 2009","Detailed conditional logic for calculating water entitlements based on pump types (axial flow vs non-axial flow) and existing licence conditions (sections 28-30)","Multiple schedules referenced but not included in the extract (Schedules 3, 4, 5, 6, 8)","Layered conditions for 'balancing storage' exemptions with temporal distinctions (pre-commencement vs post-commencement works) in section 32","Complex eligibility criteria for 'regional significance' projects requiring subjective assessments (section 17)","Extensive lists of matters to be considered in decision-making (section 19 lists 15+ specific environmental and cultural factors)","Amendment history visible in text (sections marked 'om' for omitted, 'amd' for amended) indicating evolutionary complexity"],"plain_english_summary":"This legislation is the **Water Plan (Cooper Creek) 2011**, a Queensland regulation that manages how water can be taken and used from the Cooper Creek catchment area in outback Queensland.\n\n**What it does:**\n- **Caps water use**: The chief executive (a senior government official) generally cannot approve decisions that would increase the average amount of water taken from the area. This is the \"no increase\" rule.\n- **Sets aside water reserves**: It creates specific pools of unallocated water for particular purposes:\n  - **200ML Indigenous reserve**: For Aboriginal economic and social projects\n  - **200ML general reserve**: For non-irrigation purposes\n  - **1,300ML strategic reserve**: For major State or regional projects (but not irrigation)\n  - **500ML town and community reserve**: For local government water supply or community purposes\n- **Regulates existing water users**: It converts old water authorities and permissions into modern water licences, setting rules about how much can be taken, how fast, and under what conditions.\n- **Protects waterholes and lakes**: Special rules apply when taking water from these, including minimum water levels that must be maintained and consideration of ecological and Aboriginal cultural values.\n- **Controls overland flow water**: Limits taking of rainwater runoff to stock/domestic use, small-scale works (under 10ML), or specific licences. Existing works can continue under temporary arrangements.\n- **Restricts dam building**: Limits construction of in-stream storages (dams/weirs) to specific purposes like town water supply or pumping pools, with caps on total storage capacity per subcatchment.\n\n**Who it affects:**\n- Farmers and graziers wanting to take water for irrigation or stock\n- Local governments managing town water supplies\n- Aboriginal communities seeking water for economic development\n- Mining and petroleum companies (with specific exemptions)\n- Anyone wanting to build dams or weirs in the catchment\n\n**Why it matters:**\nThe Cooper Creek is one of Australia's iconic inland river systems in the arid Channel Country. This plan balances economic development (agriculture, mining, towns) with environmental protection of fragile desert river ecosystems, waterholes, and cultural sites. It ensures water is shared sustainably in a region where every drop counts, while recognising Indigenous rights to water for economic advancement."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The changes and rules in this version are largely implementation‑focused: they codify how historic authorities are converted into modern water licences, set explicit allocation pools for unallocated water, and impose technical limits (pump rates, daily/annual volumes, storage caps). These measures refine and tighten control over water taking and storage rather than expanding the plan’s original subject matter. The plan increases administrative detail and imposes additional limits (for example, the ‘no‑store’ irrigation rule and balancing storage caps, and stricter overland‑flow controls), but do not materially broaden the legislative purpose beyond managing allocation and protecting environmental/cultural values as originally intended."},"complexity_factors":["Multiple cross-references to the Water Act and other Acts (s.20 references s.212 of the Act; ss.33 and 39 reference s.206)","Several schedules referenced for technical conversion (schedules 3,4,5,6,8) but not included in the excerpt","Many conditional rules and exceptions (e.g. s.14 prohibition with five explicit exceptions; s.24 different rules for listed vs unlisted waterholes)","Detailed conversion formulas with multiple branches (ss.28–30: different calculations depending on whether licence states rate, pump size, volume, axial pump)","Transitional and omitted provisions noted (multiple sections flagged as omitted or amended in 2013–2016), increasing interpretive complexity","Discretionary decision‑making concentrated in the chief executive across many provisions (s.17, ss.19, 20, 28–32, 38)","Overlap of regimes for surface water, overland flow and storages with both permanent and interim arrangements (Parts 4–6, ss.36–39)"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Stops the chief executive from making any new decision that increases the *average* volume of water that may be taken in the Cooper Creek plan area (s.14). There are listed exceptions (for example, water permits, reinstating expired authorisations, unallocated water, some overland-flow rules and licences created under s.20).\n\n- Creates named pools of *unallocated water* (water not yet allocated to a licence): an Indigenous reserve 200 ML, a general reserve 200 ML, a strategic reserve 1,300 ML (for State/regional significance projects), and a town & community reserve 500 ML. These are “nominal entitlements” and set where unallocated water can be sourced from (watercourse, lake, spring or overland flow) and how grant terms return water to the reserve after project completion (s.16).\n\n- Requires the resource operations plan to set the process for dealing with unallocated water and lists factors the chief executive must consider when allocating it (purpose, existing use, alternatives, ecological and cultural impacts, flow conditions, town-supply planning needs) (s.19). The chief executive may treat certain projects as regionally significant but may not treat irrigation projects as regionally significant (s.17).\n\n- Allows conversion (replacement) of various historic authorities and permissions into formal water licences (including some State/local government permissions), subject to specific decision-making rules and limits. Existing works may continue to be used until a replacement licence is granted (s.20).\n\n- Sets mandatory elements that must appear on water licences to take water (purpose, maximum pump rate, daily volumetric limit, nominal entitlement, licence conditions such as flow and storage rules) and requires the chief executive to amend existing licences to include these elements (s.23).\n\n- Imposes particular protections for waterholes and lakes: applicants for permits must provide volume and level information for listed sites; when issuing licences the chief executive must consider ecological and cultural impacts; for some listed waterholes the licence must prohibit taking below the natural cease-to-flow level; for other waterholes the licence will prohibit taking when the level is lower than 0.5 m below that cease-to-flow level (s.21–24).\n\n- Provides detailed rules for how existing licences are translated into amended licences: how the maximum pump rate, daily volumetric limit and annual (nominal) entitlement are to be determined (including by reference to pump size tables in a schedule), and factors the chief executive must consider (existing rates, pump sizes, historical use, efficiency, conditions). The chief executive must ensure the daily limit is not greater than what the maximum rate allows (ss.28–30).\n\n- Limits how amended licences may be changed: licences held by the Commonwealth Environmental Water Holder must be amended to have purpose ‘environment’ (s.26), and a licence must not be amended to change its purpose away from environment or to irrigation (s.27).\n\n- Imposes storage controls for irrigation licences: a general “no‑store” condition applies (i.e. you may not store irrigation water taken under an amended licence), except for a limited balancing storage. Balancing storage is capped (existing balancing storage capped at the greater of existing irrigation storage capacity or 30 ML; new balancing storages are capped at 30 ML and may not take overland flow) (s.32).\n\n- Restricts applications to interfere with (impound) flows: only certain purposes are acceptable (stock/domestic, town supply, pumping pools), there are subcatchment caps on licensed in‑stream storage increases, a 200 ML cap for most in‑stream storages (except town supply), and some specific watercourses are excluded (ss.33–34). Decisions must consider physical and ecological impacts (sediment, banks, riparian vegetation, fish movement, cultural values).\n\n- Regulates overland flow: limits who may take it and under what capacity (stock/domestic; non‑irrigation uses capped at works capacity ≤ 10 ML unless licensed from unallocated water; certain environmental or development approvals; contaminated agricultural runoff; or under transitional arrangements). Existing overland-flow works may continue on notice, subject to conditions and transitional notice/application procedures (ss.36–39).\n\n- Several transitional or omitted sections are flagged (some sections were later amended or omitted in 2013–2016), and much of the plan depends on the resource operations plan and schedules for technical conversion factors (schedules referenced: 3, 4, 5, 6, 8). \n\n**Who it affects**\n\n- Current licence/authority holders in the Cooper Creek plan area (their existing permissions may be converted into amended water licences with new stated entitlements, rates and conditions) (s.20, ss.23–31).\n- Anyone proposing new storages, works, or to take overland flow water (new works are materially restricted and many types of new storage are capped or prohibited) (ss.34, 36, 39).\n- Local governments and community water suppliers (specific reserve for town & community water; town-supply projects qualify for some exceptions and must provide planning studies) (s.16, s.19).\n- The Commonwealth Environmental Water Holder (licences must be amended to state purpose ‘environment’) (s.26).\n- Indigenous communities (an Indigenous reserve of 200 ML is made available for non‑irrigation purposes) (s.16).\n\n**Why it matters (purpose claims from the plan, then practical effects and trade‑offs)**\n\n- The plan’s stated purpose-claims: to fix a cap on average take (preventing any decision that increases average take) and to manage how unallocated water and historic entitlements are converted into formal licences while protecting ecological, cultural and supply values (see s.14, s.16, s.19–31).\n\n- Practical effects and trade‑offs:\n  - Who decides: the chief executive holds substantial discretion (deciding conversions, pump/rate calculations, balancing storage sizes and whether a project is regionally significant) (ss.17, 20, 28–32). That creates an administrative bottleneck and concentrates decision risk; applicants may need to supply technical evidence and engage in the decision process.\n  - Compliance and information costs: applicants for some permits must provide site data (waterhole volume/level), and existing licence-holders face administrative conversion to the new standard licence form and possible new conditions (ss.21, 23, 29–30). There are notice and application obligations for existing overland flow works (ss.37–38).\n  - Restriction of private storage and irrigation expansion: the ‘no‑store’ rule for irrigation licences and caps on balancing storages (30 ML cap for new balancing storages) limit the ability to build large private storages; new in‑stream storages for non‑town purposes are capped at 200 ML and subcatchment caps apply (s.32, s.34). That narrows future irrigation expansion options and can change investment calculus for property owners.\n  - Protection of ecological and cultural values is embedded mechanically in licence conditions and allocation criteria (s.19, ss.21–24, ss.34–35). That imposes delegated trade‑offs: restricting water take to protect low flows, waterholes and habitat versus permitting economic uses.\n  - Distributional design: the plan creates concentrated, named benefits (Indigenous reserve, strategic reserve, town/community reserve) while broadly limiting increases in average take. That concentrates some predictable access to unallocated water, while many applicants will face tighter limits and discretion.\n  - Substitution and leakage risks: where surface water storage or overland-flow takes are constrained, affected users may seek alternatives (groundwater, trade, or reliance on small-capacity works or environmental runoff categories). The plan’s exemptions (e.g. contaminated agricultural runoff, some small works) create pathways that may be used instead of seeking a licence (s.36).\n  - Implementation dependencies and uncertainty: the resource operations plan and several schedules hold technical details and conversion tables (pump sizes, rates, subcatchment volumes). Those cross-references are necessary to apply the rules but mean outcomes depend on later technical instruments and administrative practice (s.19, ss.28–30 and schedule references).\n\n**Immediate behavioural signals**\n\n- Existing licence/works owners should expect administrative conversion of their rights and possible new limits on rate, daily and annual volumes (ss.23, 28–31).\n- Proponents of new irrigation storages or large in‑stream storages should expect capped approvals and substantial evidentiary requirements; many applications will be excluded (s.34, s.39).\n- Parties seeking access to unallocated water must meet the allocation process and compete for limited nominal reserves (s.16, s.19).\n\n**Implementation risks and costs**\n\n- High administrative discretion (chief executive) and reliance on technical schedules create implementation risk and potential delay.\n- Compliance, measurement and reporting burdens for applicants and existing holders (metering, pump-size evidence, volume/level data for waterholes).\n- Opportunity cost for private investment in new, large storages or irrigation that depend on increasing average take (effectively prohibited by s.14 and the storage caps).\n\n(References: relevant sections noted throughout: s.14; s.16; s.17; ss.19–21; ss.23–32; ss.33–39.)"}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-cooper-creek-2011","history":"/api/acts/water-plan-cooper-creek-2011/history","analysis":"/api/acts/water-plan-cooper-creek-2011/analysis","conflicts":"/api/acts/water-plan-cooper-creek-2011/conflicts","importantCases":"/api/acts/water-plan-cooper-creek-2011/important-cases","documents":"/api/acts/water-plan-cooper-creek-2011/documents"}}