{"id":"qld:sl-2011-0283","name":"Water Plan (Fitzroy Basin) 2011","slug":"water-plan-fitzroy-basin-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"283 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175683,"registerId":"qld-qld:sl-2011-0283-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Environmental flow objectives","content":"# Environmental flow objectives","sortOrder":0},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Surface water","content":"## Surface water","sortOrder":1},{"sectionNumber":"sec.16","sectionType":"section","heading":"Performance indicators for environmental flow objectives","content":"### sec.16 Performance indicators for environmental flow objectives\n\nThe performance indicators for the environmental flow objectives are—\nfor assessing periods of low flow—the base flow; and\nfor assessing periods of medium to high flow, the following—\nmean annual flow;\nmedian annual flow ratio;\nannual proportional flow deviation;\nmean wet season flow;\n4% daily exceedance duration flow;\n10% daily exceedance duration flow;\n2 year daily flow volume;\n5 year daily flow volume;\n20 year daily flow volume; and\nfor assessing the first post-winter flow event—the performance indicators listed in schedule&#160;6 , part&#160;3 .\n- (a) for assessing periods of low flow—the base flow; and\n- (b) for assessing periods of medium to high flow, the following— (i) mean annual flow; (ii) median annual flow ratio; (iii) annual proportional flow deviation; (iv) mean wet season flow; (v) 4% daily exceedance duration flow; (vi) 10% daily exceedance duration flow; (vii) 2 year daily flow volume; (viii) 5 year daily flow volume; (ix) 20 year daily flow volume; and\n- (i) mean annual flow;\n- (ii) median annual flow ratio;\n- (iii) annual proportional flow deviation;\n- (iv) mean wet season flow;\n- (v) 4% daily exceedance duration flow;\n- (vi) 10% daily exceedance duration flow;\n- (vii) 2 year daily flow volume;\n- (viii) 5 year daily flow volume;\n- (ix) 20 year daily flow volume; and\n- (c) for assessing the first post-winter flow event—the performance indicators listed in schedule&#160;6 , part&#160;3 .\n- (i) mean annual flow;\n- (ii) median annual flow ratio;\n- (iii) annual proportional flow deviation;\n- (iv) mean wet season flow;\n- (v) 4% daily exceedance duration flow;\n- (vi) 10% daily exceedance duration flow;\n- (vii) 2 year daily flow volume;\n- (viii) 5 year daily flow volume;\n- (ix) 20 year daily flow volume; and","sortOrder":2},{"sectionNumber":"sec.17","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.17 Environmental flow objectives\n\nThe environmental flow objectives for surface water for this plan are stated in schedule&#160;6 , parts&#160;1 to 3 .","sortOrder":3},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Groundwater","content":"## Groundwater","sortOrder":4},{"sectionNumber":"sec.18","sectionType":"section","heading":"Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems","content":"### sec.18 Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems\n\nThe performance indicator for the environmental flow objectives for assessing groundwater levels to support relevant groundwater-dependent ecosystems is the drawdown duration.","sortOrder":5},{"sectionNumber":"sec.19","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.19 Environmental flow objectives\n\nThe environmental flow objectives for groundwater for this plan are stated in schedule&#160;6 , part&#160;4 .","sortOrder":6},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Water allocation security objectives","content":"# Water allocation security objectives","sortOrder":7},{"sectionNumber":"sec.20","sectionType":"section","heading":"Performance indicators for water allocation security objectives","content":"### sec.20 Performance indicators for water allocation security objectives\n\nThe performance indicators for the water allocation security objectives are—\nfor taking supplemented surface water, the following—\nannual supplemented water sharing index;\nmonthly supplemented water sharing index; and\nfor taking unsupplemented surface water—the annual volume probability; and\nfor taking supplemented groundwater—the annual supplemented water sharing index; and\nfor taking unsupplemented groundwater—the annual volume probability.\n- (a) for taking supplemented surface water, the following— (i) annual supplemented water sharing index; (ii) monthly supplemented water sharing index; and\n- (i) annual supplemented water sharing index;\n- (ii) monthly supplemented water sharing index; and\n- (b) for taking unsupplemented surface water—the annual volume probability; and\n- (c) for taking supplemented groundwater—the annual supplemented water sharing index; and\n- (d) for taking unsupplemented groundwater—the annual volume probability.\n- (i) annual supplemented water sharing index;\n- (ii) monthly supplemented water sharing index; and","sortOrder":8},{"sectionNumber":"sec.21","sectionType":"section","heading":"Water allocation security objectives","content":"### sec.21 Water allocation security objectives\n\nThe water allocation security objectives for this plan are stated in—\nfor water allocations to take supplemented water— schedule&#160;7 , part&#160;1 ; and\nfor water allocations to take unsupplemented surface water— schedule&#160;7 , part&#160;2 ; and\nfor water allocations to take unsupplemented groundwater— schedule&#160;7 , part&#160;3 .\n- (a) for water allocations to take supplemented water— schedule&#160;7 , part&#160;1 ; and\n- (b) for water allocations to take unsupplemented surface water— schedule&#160;7 , part&#160;2 ; and\n- (c) for water allocations to take unsupplemented groundwater— schedule&#160;7 , part&#160;3 .","sortOrder":9},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Strategies for both surface water and groundwater","content":"# Strategies for both surface water and groundwater","sortOrder":10},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":11},{"sectionNumber":"sec.22","sectionType":"section","heading":"Application of pt&#160;1","content":"### sec.22 Application of pt&#160;1\n\nThis part applies to surface water and groundwater.","sortOrder":12},{"sectionNumber":"sec.23","sectionType":"section","heading":"Decisions to be consistent with objectives","content":"### sec.23 Decisions to be consistent with objectives\n\nDecisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives stated in schedule&#160;6 ; and\nthe water allocation security objectives stated in schedule&#160;7 .\n- (a) the environmental flow objectives stated in schedule&#160;6 ; and\n- (b) the water allocation security objectives stated in schedule&#160;7 .","sortOrder":13},{"sectionNumber":"sec.24","sectionType":"section","heading":"Assessing impact of decisions about surface water","content":"### sec.24 Assessing impact of decisions about surface water\n\nThe IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for surface water.\nIf it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection&#160;(2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.\n(sec.24-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for surface water.\n(sec.24-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\n(sec.24-ssec.3) The chief executive may approve an assessment method for subsection&#160;(2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.","sortOrder":14},{"sectionNumber":"sec.25","sectionType":"section","heading":"Assessing impact of decisions about groundwater","content":"### sec.25 Assessing impact of decisions about groundwater\n\nThe Callide Valley groundwater computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater.\nIf it is not practicable to use the Callide Valley groundwater computer program, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection&#160;(2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the Callide Valley groundwater computer program.\nIn this section—\nCallide Valley groundwater computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the Callide Groundwater Unit 1.\ns&#160;25 amd 2021 SL&#160;No.&#160;71 ss&#160;12 , 49 (4)\n(sec.25-ssec.1) The Callide Valley groundwater computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater.\n(sec.25-ssec.2) If it is not practicable to use the Callide Valley groundwater computer program, another assessment method approved by the chief executive may be used.\n(sec.25-ssec.3) The chief executive may approve an assessment method for subsection&#160;(2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the Callide Valley groundwater computer program.\n(sec.25-ssec.4) In this section— Callide Valley groundwater computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the Callide Groundwater Unit 1.","sortOrder":15},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns&#160;26 om 2014 SL&#160;No.&#160;142 s&#160;73","sortOrder":16},{"sectionNumber":"sec.27","sectionType":"section","heading":"Matters to be considered for environmental management rules","content":"### sec.27 Matters to be considered for environmental management rules\n\nIn deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider—\nthe streamflows required to maintain the following—\nthe longitudinal connectivity of low flow habitats throughout river systems in the plan area;\nthe wetted habitats at riffles and other streambed features;\nthe natural seasonality of flows;\nthe replenishment of refuge pools that enable movement of instream biota;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\nthe connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers;\nthe first post-winter flow event at nodes downstream of supplemented water infrastructure; and\nthe distance of a water bore from a watercourse, lake, spring or area of ecological value; and\nthe groundwater levels required to maintain the following—\nhabitats needed by aquatic biota in hyporheic zones;\nrelevant groundwater-dependent ecosystems;\nthe connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;\nthe natural seasonality of low flows; and\nthe impact the taking of, or interfering with, water may have on the following—\ninstream water levels;\nwater quality;\nbaseflow;\ngroundwater levels;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nriparian vegetation;\nhabitats for native plants and animals;\nthe contribution from aquifers to the flow of water in watercourses;\nthe inundation of habitats;\nthe movement of fish and other aquatic animals;\nthe ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones;\nthe recreation and aesthetic values of the plan area;\ncultural values including, for example, cultural values of traditional owners of an area.\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\nIn this section—\nhyporheic zone means the zone where an exchange between surface water and groundwater happens.\nwater bore means a subartesian bore.\ns&#160;27 amd 2021 SL&#160;No.&#160;71 ss&#160;13 , 49 (6)\n(sec.27-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows; the replenishment of refuge pools that enable movement of instream biota; the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers; the first post-winter flow event at nodes downstream of supplemented water infrastructure; and the distance of a water bore from a watercourse, lake, spring or area of ecological value; and the groundwater levels required to maintain the following— habitats needed by aquatic biota in hyporheic zones; relevant groundwater-dependent ecosystems; the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; the natural seasonality of low flows; and the impact the taking of, or interfering with, water may have on the following— instream water levels; water quality; baseflow; groundwater levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitats for native plants and animals; the contribution from aquifers to the flow of water in watercourses; the inundation of habitats; the movement of fish and other aquatic animals; the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of traditional owners of an area.\n(sec.27-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n(sec.27-ssec.3) In this section— hyporheic zone means the zone where an exchange between surface water and groundwater happens. water bore means a subartesian bore.\n- (a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; (vi) the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers; (vii) the first post-winter flow event at nodes downstream of supplemented water infrastructure; and\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\n- (vi) the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers;\n- (vii) the first post-winter flow event at nodes downstream of supplemented water infrastructure; and\n- (b) the distance of a water bore from a watercourse, lake, spring or area of ecological value; and\n- (c) the groundwater levels required to maintain the following— (i) habitats needed by aquatic biota in hyporheic zones; (ii) relevant groundwater-dependent ecosystems; (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; (iv) the natural seasonality of low flows; and\n- (i) habitats needed by aquatic biota in hyporheic zones;\n- (ii) relevant groundwater-dependent ecosystems;\n- (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;\n- (iv) the natural seasonality of low flows; and\n- (d) the impact the taking of, or interfering with, water may have on the following— (i) instream water levels; (ii) water quality; (iii) baseflow; (iv) groundwater levels; (v) the natural movement of sediment; (vi) the bed and banks of a watercourse or lake; (vii) riparian vegetation; (viii) habitats for native plants and animals; (ix) the contribution from aquifers to the flow of water in watercourses; (x) the inundation of habitats; (xi) the movement of fish and other aquatic animals; (xii) the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones; (xiii) the recreation and aesthetic values of the plan area; (xiv) cultural values including, for example, cultural values of traditional owners of an area.\n- (i) instream water levels;\n- (ii) water quality;\n- (iii) baseflow;\n- (iv) groundwater levels;\n- (v) the natural movement of sediment;\n- (vi) the bed and banks of a watercourse or lake;\n- (vii) riparian vegetation;\n- (viii) habitats for native plants and animals;\n- (ix) the contribution from aquifers to the flow of water in watercourses;\n- (x) the inundation of habitats;\n- (xi) the movement of fish and other aquatic animals;\n- (xii) the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones;\n- (xiii) the recreation and aesthetic values of the plan area;\n- (xiv) cultural values including, for example, cultural values of traditional owners of an area.\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;\n- (vi) the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers;\n- (vii) the first post-winter flow event at nodes downstream of supplemented water infrastructure; and\n- (i) habitats needed by aquatic biota in hyporheic zones;\n- (ii) relevant groundwater-dependent ecosystems;\n- (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;\n- (iv) the natural seasonality of low flows; and\n- (i) instream water levels;\n- (ii) water quality;\n- (iii) baseflow;\n- (iv) groundwater levels;\n- (v) the natural movement of sediment;\n- (vi) the bed and banks of a watercourse or lake;\n- (vii) riparian vegetation;\n- (viii) habitats for native plants and animals;\n- (ix) the contribution from aquifers to the flow of water in watercourses;\n- (x) the inundation of habitats;\n- (xi) the movement of fish and other aquatic animals;\n- (xii) the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones;\n- (xiii) the recreation and aesthetic values of the plan area;\n- (xiv) cultural values including, for example, cultural values of traditional owners of an area.","sortOrder":17},{"sectionNumber":"sec.28","sectionType":"section","heading":"Matters to be considered for water sharing rules","content":"### sec.28 Matters to be considered for water sharing rules\n\nIn deciding the water sharing rules to be included in the resource operations plan, for authorisations to take water in a part of the plan area, the chief executive is to consider—\nfor rules relating to supplemented surface water, the following—\nany existing water sharing arrangements;\nthe extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows;\nthe frequency, duration, magnitude and timing of limited water availability;\nthe impact of the rules on authorisations to take water in the plan area;\nthe impact of the rules on unsupplemented water allocations, particularly as assessed under—\nthe 30% unsupplemented water sharing index; and\nthe 50% unsupplemented water sharing index; and\nthe 70% unsupplemented water sharing index; and\nfor rules relating to unsupplemented surface water, the following—\nany existing water sharing arrangements;\nthe local availability of water that may be taken from streamflows, waterholes or bedsands;\nthe conditions for taking water;\nthe volumetric limits for the water entitlements;\nthe impact of the rules on authorisations to take water in the plan area;\nthe impact of the rules on unsupplemented water allocations, particularly as assessed under—\nthe 30% unsupplemented water sharing index; and\nthe 50% unsupplemented water sharing index; and\nthe 70% unsupplemented water sharing index; and\nfor rules relating to groundwater in the Upper Callide, Lower Callide and Prospect Creek groundwater sub-areas and the Callide Valley Water Supply Scheme—\nthe matters mentioned in paragraph&#160;(e) ; and\nthe range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and\nfor rules relating to groundwater in Isaac Connors Groundwater Unit 1—\nthe matters mentioned in paragraph&#160;(e) ; and\nthe range of historical water levels and extraction in the Braeside Borefield; and\nfor rules relating to other groundwater, the following—\nany existing water sharing arrangements;\nthe local availability of water that may be taken from aquifers;\nthe connectivity of surface water and groundwater;\nthe impact of the taking of groundwater on authorisations in the groundwater management areas;\nthe operating arrangements and supply requirements for any water infrastructure;\nthe volumetric limits for water entitlements.\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\nIn this section—\nBraeside Borefield means a bore field of production bores near Nebo that takes groundwater from the Denison Creek alluvium in the Isaac Connors Alluvium groundwater sub-area.\nexisting water sharing arrangements means water sharing rules specified in the following on the day this plan is notified—\nthe resource operations plan;\nthe Water Regulation 2002 ;\nthe Callide Valley Water Supply Scheme interim resource operations licence (IROL);\nthe Department of Environment and Resource Management’s policy no. WAM/2005/2209 for the Callide Valley groundwater management area.\ns&#160;28 amd 2021 SL&#160;No.&#160;71 s&#160;49 (3)\n(sec.28-ssec.1) In deciding the water sharing rules to be included in the resource operations plan, for authorisations to take water in a part of the plan area, the chief executive is to consider— for rules relating to supplemented surface water, the following— any existing water sharing arrangements; the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; the frequency, duration, magnitude and timing of limited water availability; the impact of the rules on authorisations to take water in the plan area; the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index; and for rules relating to unsupplemented surface water, the following— any existing water sharing arrangements; the local availability of water that may be taken from streamflows, waterholes or bedsands; the conditions for taking water; the volumetric limits for the water entitlements; the impact of the rules on authorisations to take water in the plan area; the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index; and for rules relating to groundwater in the Upper Callide, Lower Callide and Prospect Creek groundwater sub-areas and the Callide Valley Water Supply Scheme— the matters mentioned in paragraph&#160;(e) ; and the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and for rules relating to groundwater in Isaac Connors Groundwater Unit 1— the matters mentioned in paragraph&#160;(e) ; and the range of historical water levels and extraction in the Braeside Borefield; and for rules relating to other groundwater, the following— any existing water sharing arrangements; the local availability of water that may be taken from aquifers; the connectivity of surface water and groundwater; the impact of the taking of groundwater on authorisations in the groundwater management areas; the operating arrangements and supply requirements for any water infrastructure; the volumetric limits for water entitlements.\n(sec.28-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n(sec.28-ssec.3) In this section— Braeside Borefield means a bore field of production bores near Nebo that takes groundwater from the Denison Creek alluvium in the Isaac Connors Alluvium groundwater sub-area. existing water sharing arrangements means water sharing rules specified in the following on the day this plan is notified— the resource operations plan; the Water Regulation 2002 ; the Callide Valley Water Supply Scheme interim resource operations licence (IROL); the Department of Environment and Resource Management’s policy no. WAM/2005/2209 for the Callide Valley groundwater management area.\n- (a) for rules relating to supplemented surface water, the following— (i) any existing water sharing arrangements; (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; (iii) the frequency, duration, magnitude and timing of limited water availability; (iv) the impact of the rules on authorisations to take water in the plan area; (v) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and\n- (i) any existing water sharing arrangements;\n- (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows;\n- (iii) the frequency, duration, magnitude and timing of limited water availability;\n- (iv) the impact of the rules on authorisations to take water in the plan area;\n- (v) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and\n- (A) the 30% unsupplemented water sharing index; and\n- (B) the 50% unsupplemented water sharing index; and\n- (C) the 70% unsupplemented water sharing index; and\n- (b) for rules relating to unsupplemented surface water, the following— (i) any existing water sharing arrangements; (ii) the local availability of water that may be taken from streamflows, waterholes or bedsands; (iii) the conditions for taking water; (iv) the volumetric limits for the water entitlements; (v) the impact of the rules on authorisations to take water in the plan area; (vi) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and\n- (i) any existing water sharing arrangements;\n- (ii) the local availability of water that may be taken from streamflows, waterholes or bedsands;\n- (iii) the conditions for taking water;\n- (iv) the volumetric limits for the water entitlements;\n- (v) the impact of the rules on authorisations to take water in the plan area;\n- (vi) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and\n- (A) the 30% unsupplemented water sharing index; and\n- (B) the 50% unsupplemented water sharing index; and\n- (C) the 70% unsupplemented water sharing index; and\n- (c) for rules relating to groundwater in the Upper Callide, Lower Callide and Prospect Creek groundwater sub-areas and the Callide Valley Water Supply Scheme— (i) the matters mentioned in paragraph&#160;(e) ; and (ii) the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and\n- (i) the matters mentioned in paragraph&#160;(e) ; and\n- (ii) the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and\n- (d) for rules relating to groundwater in Isaac Connors Groundwater Unit 1— (i) the matters mentioned in paragraph&#160;(e) ; and (ii) the range of historical water levels and extraction in the Braeside Borefield; and\n- (i) the matters mentioned in paragraph&#160;(e) ; and\n- (ii) the range of historical water levels and extraction in the Braeside Borefield; and\n- (e) for rules relating to other groundwater, the following— (i) any existing water sharing arrangements; (ii) the local availability of water that may be taken from aquifers; (iii) the connectivity of surface water and groundwater; (iv) the impact of the taking of groundwater on authorisations in the groundwater management areas; (v) the operating arrangements and supply requirements for any water infrastructure; (vi) the volumetric limits for water entitlements.\n- (i) any existing water sharing arrangements;\n- (ii) the local availability of water that may be taken from aquifers;\n- (iii) the connectivity of surface water and groundwater;\n- (iv) the impact of the taking of groundwater on authorisations in the groundwater management areas;\n- (v) the operating arrangements and supply requirements for any water infrastructure;\n- (vi) the volumetric limits for water entitlements.\n- (i) any existing water sharing arrangements;\n- (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows;\n- (iii) the frequency, duration, magnitude and timing of limited water availability;\n- (iv) the impact of the rules on authorisations to take water in the plan area;\n- (v) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and\n- (A) the 30% unsupplemented water sharing index; and\n- (B) the 50% unsupplemented water sharing index; and\n- (C) the 70% unsupplemented water sharing index; and\n- (A) the 30% unsupplemented water sharing index; and\n- (B) the 50% unsupplemented water sharing index; and\n- (C) the 70% unsupplemented water sharing index; and\n- (i) any existing water sharing arrangements;\n- (ii) the local availability of water that may be taken from streamflows, waterholes or bedsands;\n- (iii) the conditions for taking water;\n- (iv) the volumetric limits for the water entitlements;\n- (v) the impact of the rules on authorisations to take water in the plan area;\n- (vi) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and\n- (A) the 30% unsupplemented water sharing index; and\n- (B) the 50% unsupplemented water sharing index; and\n- (C) the 70% unsupplemented water sharing index; and\n- (A) the 30% unsupplemented water sharing index; and\n- (B) the 50% unsupplemented water sharing index; and\n- (C) the 70% unsupplemented water sharing index; and\n- (i) the matters mentioned in paragraph&#160;(e) ; and\n- (ii) the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and\n- (i) the matters mentioned in paragraph&#160;(e) ; and\n- (ii) the range of historical water levels and extraction in the Braeside Borefield; and\n- (i) any existing water sharing arrangements;\n- (ii) the local availability of water that may be taken from aquifers;\n- (iii) the connectivity of surface water and groundwater;\n- (iv) the impact of the taking of groundwater on authorisations in the groundwater management areas;\n- (v) the operating arrangements and supply requirements for any water infrastructure;\n- (vi) the volumetric limits for water entitlements.\n- (a) the resource operations plan;\n- (b) the Water Regulation 2002 ;\n- (c) the Callide Valley Water Supply Scheme interim resource operations licence (IROL);\n- (d) the Department of Environment and Resource Management’s policy no. WAM/2005/2209 for the Callide Valley groundwater management area.","sortOrder":18},{"sectionNumber":"sec.29","sectionType":"section","heading":"Matters to be considered for water allocation change rules","content":"### sec.29 Matters to be considered for water allocation change rules\n\nIn deciding the water allocation change rules to be included in the resource operations plan for authorisations to take surface water in a part of the plan area, the chief executive is to consider—\nthe implications for the availability of water under water allocations of changes to the frequency, duration, magnitude and timing of limited water availability; and\nthe impact of the rules on unsupplemented water allocations, particularly as assessed under—\nthe 30% unsupplemented water sharing index; and\nthe 50% unsupplemented water sharing index; and\nthe 70% unsupplemented water sharing index.\nIn deciding the water allocation change rules to be included in the resource operations plan for authorisations to take groundwater, the chief executive is to consider—\nthe volume density for a locality in part of the groundwater management area relative to the availability of water in that part; and\nthe impact the proposed taking of groundwater would have on the following—\nwatercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value;\nthe ecological values of relevant groundwater-dependent ecosystems;\nwater quality;\nother authorisations in the area of the proposed taking; and\nexisting management zones; and\nfor water allocations to take water in the Callide Valley Water Supply Scheme—the ability of an allocation holder to change the priority group of water allocations from medium to high B.\nSubsections&#160;(1) and (2) do not limit the matters the chief executive may consider.\nIn this section—\nvolume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality.\ns&#160;29 amd 2021 SL&#160;No.&#160;71 ss&#160;14 , 49 (11)\n(sec.29-ssec.1) In deciding the water allocation change rules to be included in the resource operations plan for authorisations to take surface water in a part of the plan area, the chief executive is to consider— the implications for the availability of water under water allocations of changes to the frequency, duration, magnitude and timing of limited water availability; and the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index.\n(sec.29-ssec.2) In deciding the water allocation change rules to be included in the resource operations plan for authorisations to take groundwater, the chief executive is to consider— the volume density for a locality in part of the groundwater management area relative to the availability of water in that part; and the impact the proposed taking of groundwater would have on the following— watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value; the ecological values of relevant groundwater-dependent ecosystems; water quality; other authorisations in the area of the proposed taking; and existing management zones; and for water allocations to take water in the Callide Valley Water Supply Scheme—the ability of an allocation holder to change the priority group of water allocations from medium to high B.\n(sec.29-ssec.3) Subsections&#160;(1) and (2) do not limit the matters the chief executive may consider.\n(sec.29-ssec.4) In this section— volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality.\n- (a) the implications for the availability of water under water allocations of changes to the frequency, duration, magnitude and timing of limited water availability; and\n- (b) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (i) the 30% unsupplemented water sharing index; and (ii) the 50% unsupplemented water sharing index; and (iii) the 70% unsupplemented water sharing index.\n- (i) the 30% unsupplemented water sharing index; and\n- (ii) the 50% unsupplemented water sharing index; and\n- (iii) the 70% unsupplemented water sharing index.\n- (i) the 30% unsupplemented water sharing index; and\n- (ii) the 50% unsupplemented water sharing index; and\n- (iii) the 70% unsupplemented water sharing index.\n- (a) the volume density for a locality in part of the groundwater management area relative to the availability of water in that part; and\n- (b) the impact the proposed taking of groundwater would have on the following— (i) watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value; (ii) the ecological values of relevant groundwater-dependent ecosystems; (iii) water quality; (iv) other authorisations in the area of the proposed taking; and\n- (i) watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value;\n- (ii) the ecological values of relevant groundwater-dependent ecosystems;\n- (iii) water quality;\n- (iv) other authorisations in the area of the proposed taking; and\n- (c) existing management zones; and\n- (d) for water allocations to take water in the Callide Valley Water Supply Scheme—the ability of an allocation holder to change the priority group of water allocations from medium to high B.\n- (i) watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value;\n- (ii) the ecological values of relevant groundwater-dependent ecosystems;\n- (iii) water quality;\n- (iv) other authorisations in the area of the proposed taking; and","sortOrder":19},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns&#160;30 om 2021 SL&#160;No.&#160;71 s&#160;15","sortOrder":20},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":21},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns&#160;31 om 2021 SL&#160;No.&#160;71 s&#160;16","sortOrder":22},{"sectionNumber":"sec.32","sectionType":"section","heading":null,"content":"### Section sec.32\n\ns&#160;32 om 2021 SL&#160;No.&#160;71 s&#160;16","sortOrder":23},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns&#160;33 amd 2015 SL&#160;No.&#160;121 s&#160;5\nom 2021 SL&#160;No.&#160;71 s&#160;16","sortOrder":24},{"sectionNumber":"sec.34","sectionType":"section","heading":null,"content":"### Section sec.34\n\ns&#160;34 om 2021 SL&#160;No.&#160;71 s&#160;16","sortOrder":25},{"sectionNumber":"sec.35","sectionType":"section","heading":null,"content":"### Section sec.35\n\ns&#160;35 om 2021 SL&#160;No.&#160;71 s&#160;16","sortOrder":26},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns&#160;36 om 2021 SL&#160;No.&#160;71 s&#160;16","sortOrder":27},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Unallocated water reserves","content":"## Unallocated water reserves","sortOrder":28},{"sectionNumber":"sec.37","sectionType":"section","heading":"Application of div&#160;3","content":"### sec.37 Application of div&#160;3\n\nThis division applies to unallocated water.","sortOrder":29},{"sectionNumber":"sec.38","sectionType":"section","heading":"Unallocated water held as strategic reserve, strategic water infrastructure reserve and general reserve","content":"### sec.38 Unallocated water held as strategic reserve, strategic water infrastructure reserve and general reserve\n\nUnallocated water in the plan area is divided into a strategic reserve, strategic water infrastructure reserve and general reserve.","sortOrder":30},{"sectionNumber":"sec.39","sectionType":"section","heading":"Purpose for which unallocated water held as strategic reserve may be granted","content":"### sec.39 Purpose for which unallocated water held as strategic reserve may be granted\n\nUnallocated water held as a strategic reserve may be granted only if the water is to be taken for a State purpose or an Indigenous purpose.","sortOrder":31},{"sectionNumber":"sec.40","sectionType":"section","heading":"Reserve volumes","content":"### sec.40 Reserve volumes\n\nThe total of the nominal entitlements for all water licences to take unallocated surface water for a State purpose granted from the strategic reserve in a subcatchment area mentioned in schedule&#160;8 , part&#160;1 , column 1 is stated in schedule&#160;8 , part&#160;1 , column 2 opposite the area.\nThe total of the nominal entitlements for all water licences to take unallocated surface water for an Indigenous purpose granted from the strategic reserve in a subcatchment area mentioned in schedule&#160;8 , part&#160;1 , column 1 is stated in schedule&#160;8 , part&#160;1 , column 3 opposite the area.\nThe total of the nominal entitlements for all water licences to take unallocated groundwater for a State purpose granted from the strategic reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule&#160;8 , part&#160;2 , column 1 is stated in schedule&#160;8 , part&#160;2 , column 2 opposite the area.\n(sec.40-ssec.1) The total of the nominal entitlements for all water licences to take unallocated surface water for a State purpose granted from the strategic reserve in a subcatchment area mentioned in schedule&#160;8 , part&#160;1 , column 1 is stated in schedule&#160;8 , part&#160;1 , column 2 opposite the area.\n(sec.40-ssec.2) The total of the nominal entitlements for all water licences to take unallocated surface water for an Indigenous purpose granted from the strategic reserve in a subcatchment area mentioned in schedule&#160;8 , part&#160;1 , column 1 is stated in schedule&#160;8 , part&#160;1 , column 3 opposite the area.\n(sec.40-ssec.3) The total of the nominal entitlements for all water licences to take unallocated groundwater for a State purpose granted from the strategic reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule&#160;8 , part&#160;2 , column 1 is stated in schedule&#160;8 , part&#160;2 , column 2 opposite the area.","sortOrder":32},{"sectionNumber":"sec.41","sectionType":"section","heading":"Period for which water is granted for particular State purpose","content":"### sec.41 Period for which water is granted for particular State purpose\n\nThis section applies to the volume of water granted from the strategic reserve for either of the following State purposes—\na coordinated project;\na project of regional significance.\nThe volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\ns&#160;41 amd 2015 SL&#160;No.&#160;121 s&#160;6\n(sec.41-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.\n(sec.41-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n- (a) a coordinated project;\n- (b) a project of regional significance.","sortOrder":33},{"sectionNumber":"sec.42","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.42 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—\nthe outcomes stated in chapter&#160;3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant consideration.\n- (a) the outcomes stated in chapter&#160;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":34},{"sectionNumber":"sec.43","sectionType":"section","heading":"Period for which water is granted for particular Indigenous purpose","content":"### sec.43 Period for which water is granted for particular Indigenous purpose\n\nThis section applies to the volume of water granted from the strategic reserve for an Indigenous purpose.\nThe volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n(sec.43-ssec.1) This section applies to the volume of water granted from the strategic reserve for an Indigenous purpose.\n(sec.43-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.","sortOrder":35},{"sectionNumber":"sec.44","sectionType":"section","heading":"Purpose for which unallocated water held as strategic water infrastructure reserve may be granted","content":"### sec.44 Purpose for which unallocated water held as strategic water infrastructure reserve may be granted\n\nUnallocated water held as a strategic water infrastructure reserve may only be granted for water infrastructure mentioned in section&#160;45 .","sortOrder":36},{"sectionNumber":"sec.45","sectionType":"section","heading":"Reserve volumes","content":"### sec.45 Reserve volumes\n\nThe total of the nominal volumes for all supplemented water allocations to take unallocated water granted from the strategic water infrastructure reserve is the following—\nfor water infrastructure on the Dawson River—90,000ML;\nfor water infrastructure on the Connors River—56,400ML;\nfor water infrastructure on the Fitzroy River—76,000ML.\n- (a) for water infrastructure on the Dawson River—90,000ML;\n- (b) for water infrastructure on the Connors River—56,400ML;\n- (c) for water infrastructure on the Fitzroy River—76,000ML.","sortOrder":37},{"sectionNumber":"sec.46","sectionType":"section","heading":"Purpose for which unallocated water held as general reserve may be granted","content":"### sec.46 Purpose for which unallocated water held as general reserve may be granted\n\nUnallocated water held as a general reserve may be granted for any purpose.","sortOrder":38},{"sectionNumber":"sec.47","sectionType":"section","heading":"Reserve volumes","content":"### sec.47 Reserve volumes\n\nThe total of the mean annual diversions for all water licences or water allocations to take unallocated surface water granted from the general reserve in a subcatchment area, or a part of a subcatchment area, mentioned in schedule&#160;8 , part&#160;3 , column 1 is stated in schedule&#160;8 , part&#160;3 , column 2 opposite the area or part.\nThe total of the nominal volume for all water allocations to take unallocated surface water granted from the general reserve in a subcatchment area mentioned in schedule&#160;8 , part&#160;4 , column 1 is stated in schedule&#160;8 , part&#160;4 , column 2 opposite the area.\nThe total of the nominal entitlement for all water licences to take unallocated groundwater from the general reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule&#160;8 , part&#160;5 , column 1 is stated in schedule&#160;8 , part&#160;5 , column 2 opposite the area.\ns&#160;47 amd 2015 SL&#160;No.&#160;121 s&#160;7\n(sec.47-ssec.1) The total of the mean annual diversions for all water licences or water allocations to take unallocated surface water granted from the general reserve in a subcatchment area, or a part of a subcatchment area, mentioned in schedule&#160;8 , part&#160;3 , column 1 is stated in schedule&#160;8 , part&#160;3 , column 2 opposite the area or part.\n(sec.47-ssec.2) The total of the nominal volume for all water allocations to take unallocated surface water granted from the general reserve in a subcatchment area mentioned in schedule&#160;8 , part&#160;4 , column 1 is stated in schedule&#160;8 , part&#160;4 , column 2 opposite the area.\n(sec.47-ssec.3) The total of the nominal entitlement for all water licences to take unallocated groundwater from the general reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule&#160;8 , part&#160;5 , column 1 is stated in schedule&#160;8 , part&#160;5 , column 2 opposite the area.","sortOrder":39},{"sectionNumber":"sec.48","sectionType":"section","heading":"Processes for releasing unallocated water— Act , s&#160;43","content":"### sec.48 Processes for releasing unallocated water— Act , s&#160;43\n\nFor section&#160;43 (2) (f) of the Act , this section states the processes for releasing unallocated water not held as a general reserve under this plan.\nThe processes stated in the Water Regulation 2016 , part&#160;2 , division&#160;2 , subdivision&#160;2 apply for releasing unallocated water held as a strategic reserve.\nThe processes stated in the water management protocol apply for releasing unallocated water held as a strategic water infrastructure reserve.\ns&#160;48 sub 2021 SL&#160;No.&#160;71 s&#160;17\n(sec.48-ssec.1) For section&#160;43 (2) (f) of the Act , this section states the processes for releasing unallocated water not held as a general reserve under this plan.\n(sec.48-ssec.2) The processes stated in the Water Regulation 2016 , part&#160;2 , division&#160;2 , subdivision&#160;2 apply for releasing unallocated water held as a strategic reserve.\n(sec.48-ssec.3) The processes stated in the water management protocol apply for releasing unallocated water held as a strategic water infrastructure reserve.","sortOrder":40},{"sectionNumber":"ch.5-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":41},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns&#160;49 sub 2015 SL&#160;No.&#160;121 s&#160;8\nom 2021 SL&#160;No.&#160;71 s&#160;18","sortOrder":42},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns&#160;50 sub 2015 SL&#160;No.&#160;121 s&#160;8\nom 2021 SL&#160;No.&#160;71 s&#160;18","sortOrder":43},{"sectionNumber":"ch.5-pt.1-div.5","sectionType":"division","heading":"Authorised taking or interfering with water without water entitlement","content":"## Authorised taking or interfering with water without water entitlement","sortOrder":44},{"sectionNumber":"sec.51","sectionType":"section","heading":"Limitations on taking or interfering with water— Act , s&#160;101","content":"### sec.51 Limitations on taking or interfering with water— Act , s&#160;101\n\nFor section&#160;101 (1) of the Act , a person may, in each financial year, take or interfere with up to 5ML of water for prescribed activities.\nAlso, water in the area of a water supply scheme described in this plan can not be taken or interfered with for prescribed activities.\nIn this section—\nprescribed activities means activities prescribed under a regulation for section&#160;101 (1) (a) of the Act .\ns&#160;51 sub 2015 SL&#160;No.&#160;121 s&#160;8\namd 2021 SL&#160;No.&#160;71 s&#160;19\n(sec.51-ssec.1) For section&#160;101 (1) of the Act , a person may, in each financial year, take or interfere with up to 5ML of water for prescribed activities.\n(sec.51-ssec.2) Also, water in the area of a water supply scheme described in this plan can not be taken or interfered with for prescribed activities.\n(sec.51-ssec.3) In this section— prescribed activities means activities prescribed under a regulation for section&#160;101 (1) (a) of the Act .","sortOrder":45},{"sectionNumber":"sec.52","sectionType":"section","heading":"Taking water for stock or domestic purposes","content":"### sec.52 Taking water for stock or domestic purposes\n\nFor section&#160;103 (a) of the Act , an owner of land may take water from a watercourse, lake or spring for stock or domestic purposes—\nfrom any location in the plan area, other than the area of a water supply scheme described in this plan; and\nin any way.\ns&#160;52 prev s&#160;52 om 2014 SL&#160;No.&#160;142 s&#160;74\npres s&#160;52 ins 2015 SL&#160;No.&#160;121 s&#160;8\namd 2021 SL&#160;No.&#160;71 s&#160;20\n(sec.52-ssec) For section&#160;103 (a) of the Act , an owner of land may take water from a watercourse, lake or spring for stock or domestic purposes— from any location in the plan area, other than the area of a water supply scheme described in this plan; and in any way.\n- (a) from any location in the plan area, other than the area of a water supply scheme described in this plan; and\n- (b) in any way.","sortOrder":46},{"sectionNumber":"ch.5-pt.1-div.6","sectionType":"division","heading":"Water licences","content":"## Water licences","sortOrder":47},{"sectionNumber":"sec.53","sectionType":"section","heading":"Applications for water licences that must not be accepted— Act , s&#160;43","content":"### sec.53 Applications for water licences that must not be accepted— Act , s&#160;43\n\nFor section&#160;43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section&#160;107 of the Act unless the application—\nis an application to which part&#160;2 , division&#160;4 applies; or\nis made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or\nis to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or\nis to interfere with the flow of groundwater under land; or\nis to take water to facilitate the removal of mine site seepage or runoff from a watercourse.\nSubsection&#160;(1) (e) applies only if the water management protocol states that applications of the type mentioned in that subsection may be accepted.\ns&#160;53 prev s&#160;53 om 2015 SL&#160;No.&#160;121 s&#160;8\npres s&#160;53 ins 2021 SL&#160;No.&#160;71 s&#160;21\n(sec.53-ssec.1) For section&#160;43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section&#160;107 of the Act unless the application— is an application to which part&#160;2 , division&#160;4 applies; or is made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or is to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or is to interfere with the flow of groundwater under land; or is to take water to facilitate the removal of mine site seepage or runoff from a watercourse.\n(sec.53-ssec.2) Subsection&#160;(1) (e) applies only if the water management protocol states that applications of the type mentioned in that subsection may be accepted.\n- (a) is an application to which part&#160;2 , division&#160;4 applies; or\n- (b) is made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or\n- (c) is to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or\n- (d) is to interfere with the flow of groundwater under land; or\n- (e) is to take water to facilitate the removal of mine site seepage or runoff from a watercourse.","sortOrder":48},{"sectionNumber":"sec.54","sectionType":"section","heading":"Deciding applications for relocating water licences or seasonal water assignments of water licences— Act , s&#160;43","content":"### sec.54 Deciding applications for relocating water licences or seasonal water assignments of water licences— Act , s&#160;43\n\nFor section&#160;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 to change the location from which water may be taken under the licence or for the seasonal water assignment of the licence if—\nthe existing location from which water may be taken under the licence is within—\na groundwater sub-area zone; or\na water licence zone; and\nthe dealing is permitted under the water management protocol.\nHowever, the chief executive may grant the application only if the application would result in water being taken from a location that is—\nif the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or\nif the existing location is in a water licence zone—within a water licence zone.\ns&#160;54 prev s&#160;54 om 2015 SL&#160;No.&#160;121 s&#160;8\npres s&#160;54 ins 2021 SL&#160;No.&#160;71 s&#160;21\n(sec.54-ssec.1) For section&#160;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.54-ssec.2) The chief executive may decide to grant the application to change the location from which water may be taken under the licence or for the seasonal water assignment of the licence if— the existing location from which water may be taken under the licence is within— a groundwater sub-area zone; or a water licence zone; and the dealing is permitted under the water management protocol.\n(sec.54-ssec.3) However, the chief executive may grant the application only if the application would result in water being taken from a location that is— if the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or if the existing location is in a water licence zone—within a water licence zone.\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 existing location from which water may be taken under the licence is within— (i) a groundwater sub-area zone; or (ii) a water licence zone; and\n- (i) a groundwater sub-area zone; or\n- (ii) a water licence zone; and\n- (b) the dealing is permitted under the water management protocol.\n- (i) a groundwater sub-area zone; or\n- (ii) a water licence zone; and\n- (a) if the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or\n- (b) if the existing location is in a water licence zone—within a water licence zone.","sortOrder":49},{"sectionNumber":"sec.55","sectionType":"section","heading":"Applications for dealings with water licences inconsistent with this plan— Act , s&#160;129","content":"### sec.55 Applications for dealings with water licences inconsistent with this plan— Act , s&#160;129\n\nThis section applies to an application for a dealing with a water licence, other than an application—\nfor a dealing that is permitted under the water management protocol; or\nthat the chief executive may grant under section&#160;54 ; or\nfor a dealing with a water licence to interfere with the flow of surface water or groundwater.\nGranting the application would be inconsistent with this plan if granting the application would—\nincrease the volume of water that would be taken or stored under licence; or\nincrease the rate at which water may be taken under the licence; or\nincrease the maximum area to be irrigated under the licence; or\nincrease the daily or monthly volumetric limit for taking water under the licence; or\nchange the location of taking surface water under the licence; or\nchange the conditions under which water may be taken.\ns&#160;55 prev s&#160;55 om 2015 SL&#160;No.&#160;121 s&#160;8\npres s&#160;55 ins 2021 SL&#160;No.&#160;71 s&#160;21\n(sec.55-ssec.1) This section applies to an application for a dealing with a water licence, other than an application— for a dealing that is permitted under the water management protocol; or that the chief executive may grant under section&#160;54 ; or for a dealing with a water licence to interfere with the flow of surface water or groundwater.\n(sec.55-ssec.2) Granting the application would be inconsistent with this plan if granting the application would— increase the volume of water that would be taken or stored under licence; or increase the rate at which water may be taken under the licence; or increase the maximum area to be irrigated under the licence; or increase the daily or monthly volumetric limit for taking water under the licence; or change the location of taking surface water under the licence; or change the conditions under which water may be taken.\n- (a) for a dealing that is permitted under the water management protocol; or\n- (b) that the chief executive may grant under section&#160;54 ; or\n- (c) for a dealing with a water licence to interfere with the flow of surface water or groundwater.\n- (a) increase the volume of water that would be taken or stored under licence; or\n- (b) increase the rate at which water may be taken under the licence; or\n- (c) increase the maximum area to be irrigated under the licence; or\n- (d) increase the daily or monthly volumetric limit for taking water under the licence; or\n- (e) change the location of taking surface water under the licence; or\n- (f) change the conditions under which water may be taken.","sortOrder":50},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns&#160;56 om 2015 SL&#160;No.&#160;121 s&#160;8","sortOrder":51},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns&#160;57 om 2015 SL&#160;No.&#160;121 s&#160;8","sortOrder":52},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Additional strategies for surface water","content":"# Additional strategies for surface water","sortOrder":53},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":54},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of pt&#160;2","content":"### sec.58 Application of pt&#160;2\n\nThe strategies stated in this part apply to surface water in addition to the strategies stated in part&#160;1 .","sortOrder":55},{"sectionNumber":"sec.59","sectionType":"section","heading":"Restrictions on taking water from waterholes or lakes","content":"### sec.59 Restrictions on taking water from waterholes or lakes\n\nThis section applies to the chief executive in making a decision about—\na water licence to take unsupplemented water; or\nconverting an authorisation to take unsupplemented water into a water allocation; or\nthe management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.\nIf the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows the taking of water from a waterhole or lake, the chief executive must—\nconsider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\nimpose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake.\na condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\nHowever, the chief executive need not impose a condition mentioned in subsection&#160;(2) (b) if the chief executive is satisfied—\nthe taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or\nfor a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n(sec.59-ssec.1) This section applies to the chief executive in making a decision about— a water licence to take unsupplemented water; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.\n(sec.59-ssec.2) If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\n(sec.59-ssec.3) However, the chief executive need not impose a condition mentioned in subsection&#160;(2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n- (a) a water licence to take unsupplemented water; or\n- (b) converting an authorisation to take unsupplemented water into a water allocation; or\n- (c) the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.\n- (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\n- (b) impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph&#160;(b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\n- (a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or\n- (b) for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.","sortOrder":56},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":57},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns&#160;60 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":58},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns&#160;61 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":59},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":60},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns&#160;62 amd 2015 SL&#160;No.&#160;121 s&#160;9\nom 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":61},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns&#160;63 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":62},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns&#160;64 amd 2015 SL&#160;No.&#160;121 s&#160;9\nom 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":63},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns&#160;65 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":64},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns&#160;66 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":65},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns&#160;67 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":66},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns&#160;68 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":67},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns&#160;69 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":68},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns&#160;70 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":69},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns&#160;71 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":70},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns&#160;72 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":71},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns&#160;73 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":72},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns&#160;74 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":73},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns&#160;75 om 2021 SL&#160;No.&#160;71 s&#160;22","sortOrder":74},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Interference with water in a watercourse, lake or spring","content":"## Interference with water in a watercourse, lake or spring","sortOrder":75},{"sectionNumber":"sec.76","sectionType":"section","heading":"Application of div&#160;4","content":"### sec.76 Application of div&#160;4\n\nThis division applies to applications, made under section&#160;107 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.\nHowever, this division does not apply to an application mentioned in subsection&#160;(1) that is made before the commencement of the division if—\nthe chief executive has decided not to grant the application; and\nan interested person for the application has appealed, under chapter&#160;6 of the Act , against the decision and the appeal has not been decided before the commencement.\ns&#160;76 amd 2021 SL&#160;No.&#160;71 s&#160;23\n(sec.76-ssec.1) This division applies to applications, made under section&#160;107 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.\n(sec.76-ssec.2) However, this division does not apply to an application mentioned in subsection&#160;(1) that is made before the commencement of the division if— the chief executive has decided not to grant the application; and an interested person for the application has appealed, under chapter&#160;6 of the Act , against the decision and the appeal has not been decided before the commencement. s&#160;76 amd 2021 SL&#160;No.&#160;71 s&#160;23\n- (a) the chief executive has decided not to grant the application; and\n- (b) an interested person for the application has appealed, under chapter&#160;6 of the Act , against the decision and the appeal has not been decided before the commencement.","sortOrder":76},{"sectionNumber":"sec.77","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.77 Limitations on interference with water\n\nThe water licence may be granted only if the purpose of the proposed impoundment is 1 or more of the following—\nto store water taken under an authorisation for stock or domestic purposes;\nto provide a pumping pool to enable water to be taken under an authorisation;\nto provide improved security for town water supplies taken under an authorisation;\nto satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 .\nHowever, the water licence may also be granted if—\nthe proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section&#160;48 (2) or (3) ; or\nthe proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section&#160;48 (1) ; or\nthe impoundment was in existence immediately before 31 December 1999.\nIn this section—\nrepealed section&#160;48(1) means section&#160;48 (1) as in force from time to time before the commencement.\ns&#160;77 amd 2021 SL&#160;No.&#160;71 s&#160;24\n(sec.77-ssec.1) The water licence may be granted only if the purpose of the proposed impoundment is 1 or more of the following— to store water taken under an authorisation for stock or domestic purposes; to provide a pumping pool to enable water to be taken under an authorisation; to provide improved security for town water supplies taken under an authorisation; to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 .\n(sec.77-ssec.2) However, the water licence may also be granted if— the proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section&#160;48 (2) or (3) ; or the proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section&#160;48 (1) ; or the impoundment was in existence immediately before 31 December 1999.\n(sec.77-ssec.3) In this section— repealed section&#160;48(1) means section&#160;48 (1) as in force from time to time before the commencement.\n- (a) to store water taken under an authorisation for stock or domestic purposes;\n- (b) to provide a pumping pool to enable water to be taken under an authorisation;\n- (c) to provide improved security for town water supplies taken under an authorisation;\n- (d) to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 .\n- (a) the proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section&#160;48 (2) or (3) ; or\n- (b) the proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section&#160;48 (1) ; or\n- (c) the impoundment was in existence immediately before 31 December 1999.","sortOrder":77},{"sectionNumber":"sec.78","sectionType":"section","heading":"Interference with water to enable take of water for stock or domestic purposes","content":"### sec.78 Interference with water to enable take of water for stock or domestic purposes\n\nThis section applies if the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.\nIn deciding the application the chief executive must consider the following—\nexisting water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water and the availability of water at the proposed site;\nthe matters mentioned in section&#160;27 (1) (d) .\nHowever, the storage capacity must not be greater than is necessary for the storage of water taken under an authorisation for stock or domestic purposes.\nSubsection&#160;(2) does not limit the matters the chief executive may consider.\n(sec.78-ssec.1) This section applies if the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.\n(sec.78-ssec.2) In deciding the application the chief executive must consider the following— existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water and the availability of water at the proposed site; the matters mentioned in section&#160;27 (1) (d) .\n(sec.78-ssec.3) However, the storage capacity must not be greater than is necessary for the storage of water taken under an authorisation for stock or domestic purposes.\n(sec.78-ssec.4) Subsection&#160;(2) does not limit the matters the chief executive may consider.\n- (a) existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water and the availability of water at the proposed site;\n- (b) the matters mentioned in section&#160;27 (1) (d) .","sortOrder":78},{"sectionNumber":"sec.79","sectionType":"section","heading":"Interference with water for the provision of a pumping pool","content":"### sec.79 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 matters mentioned in section&#160;27 (1) (d) .\nHowever, the storage capacity of the pumping pool must not be greater than 5ML.\nIn deciding the application the chief executive must also consider any alternative methods for providing for the operation of the pump that may minimise the impact on the matters mentioned in section&#160;27 (1) (d) .\na pump well constructed in bedsand\n(sec.79-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.79-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 matters mentioned in section&#160;27 (1) (d) .\n(sec.79-ssec.3) However, the storage capacity of the pumping pool must not be greater than 5ML.\n(sec.79-ssec.4) In deciding the application the chief executive must also consider any alternative methods for providing for the operation of the pump that may minimise the impact on the matters mentioned in section&#160;27 (1) (d) . a pump well constructed in bedsand","sortOrder":79},{"sectionNumber":"sec.80","sectionType":"section","heading":"Interference with water to improve security for town water supply","content":"### sec.80 Interference with water to improve security for town water supply\n\nThis section applies if the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\nThe chief executive must not grant the application unless the chief executive is satisfied—\nthe town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and\nthere is a demonstrated need for an increased reliability of the water supply.\nIn deciding the application the chief executive must consider the matters mentioned in section&#160;27 (1) (d) .\nSubsection&#160;(3) does not limit the matters the chief executive may consider.\n(sec.80-ssec.1) This section applies if the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\n(sec.80-ssec.2) The chief executive must not grant the application unless the chief executive is satisfied— the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and there is a demonstrated need for an increased reliability of the water supply.\n(sec.80-ssec.3) In deciding the application the chief executive must consider the matters mentioned in section&#160;27 (1) (d) .\n(sec.80-ssec.4) Subsection&#160;(3) does not limit the matters the chief executive may consider.\n- (a) the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and\n- (b) there is a demonstrated need for an increased reliability of the water supply.","sortOrder":80},{"sectionNumber":"sec.81","sectionType":"section","heading":"Interference with water to satisfy the requirements of an environmental authority","content":"### sec.81 Interference with water to satisfy the requirements of an environmental authority\n\nThis section applies if the proposed interference with water is to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 .\nIn deciding the application the chief executive must consider the matters mentioned in section&#160;27 (1) (d) .\nSubsection&#160;(2) does not limit the matters the chief executive may consider.\n(sec.81-ssec.1) This section applies if the proposed interference with water is to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 .\n(sec.81-ssec.2) In deciding the application the chief executive must consider the matters mentioned in section&#160;27 (1) (d) .\n(sec.81-ssec.3) Subsection&#160;(2) does not limit the matters the chief executive may consider.","sortOrder":81},{"sectionNumber":"sec.82","sectionType":"section","heading":"Interference with water related to the granting of unallocated water","content":"### sec.82 Interference with water related to the granting of unallocated water\n\nThis section applies if the proposed interference with water is related to the granting of unallocated water.\nThe interference must not be greater than is necessary for the purpose of taking the unallocated water.\nIn deciding the application, the chief executive must consider the matters mentioned in section&#160;27 (1) (d) .\nA water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, may include flow conditions.\n(sec.82-ssec.1) This section applies if the proposed interference with water is related to the granting of unallocated water.\n(sec.82-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water.\n(sec.82-ssec.3) In deciding the application, the chief executive must consider the matters mentioned in section&#160;27 (1) (d) .\n(sec.82-ssec.4) A water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, may include flow conditions.","sortOrder":82},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":83},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns&#160;83 amd 2014 SL&#160;No.&#160;142 s&#160;75\nom 2021 SL&#160;No.&#160;71 s&#160;25","sortOrder":84},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns&#160;84 om 2014 SL&#160;No.&#160;142 s&#160;76","sortOrder":85},{"sectionNumber":"ch.5-pt.2-div.6","sectionType":"division","heading":"Existing water allocations to take supplemented and unsupplemented water","content":"## Existing water allocations to take supplemented and unsupplemented water","sortOrder":86},{"sectionNumber":"sec.85","sectionType":"section","heading":"Purpose of div&#160;6","content":"### sec.85 Purpose of div&#160;6\n\nThis division states strategies for water allocations established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take supplemented or unsupplemented water.","sortOrder":87},{"sectionNumber":"sec.86","sectionType":"section","heading":"Existing water allocations to take supplemented water","content":"### sec.86 Existing water allocations to take supplemented water\n\nOn the commencement of this plan, a water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take supplemented water—\nis to be transitioned, without amendment, to a water allocation under this plan; and\ncontinues to be—\nmanaged under the allocation’s respective resource operations licence; and\nsubject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.\n- (a) is to be transitioned, without amendment, to a water allocation under this plan; and\n- (b) continues to be— (i) managed under the allocation’s respective resource operations licence; and (ii) subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.\n- (i) managed under the allocation’s respective resource operations licence; and\n- (ii) subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.\n- (i) managed under the allocation’s respective resource operations licence; and\n- (ii) subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.","sortOrder":88},{"sectionNumber":"sec.87","sectionType":"section","heading":"Existing water allocations to take unsupplemented water","content":"### sec.87 Existing water allocations to take unsupplemented water\n\nOn the commencement of this plan, a water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water—\nis to be transitioned, with the amendments mentioned in subsection&#160;(2) , to a water allocation under this plan; and\ncontinues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.\nA water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water is to be amended under the resource operations plan as follows—\nto state a maximum rate for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 1.3;\nto state a daily volumetric limit, expressed in megalitres, for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 0.0864.\n(sec.87-ssec.1) On the commencement of this plan, a water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water— is to be transitioned, with the amendments mentioned in subsection&#160;(2) , to a water allocation under this plan; and continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.\n(sec.87-ssec.2) A water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water is to be amended under the resource operations plan as follows— to state a maximum rate for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 1.3; to state a daily volumetric limit, expressed in megalitres, for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 0.0864.\n- (a) is to be transitioned, with the amendments mentioned in subsection&#160;(2) , to a water allocation under this plan; and\n- (b) continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.\n- (a) to state a maximum rate for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 1.3;\n- (b) to state a daily volumetric limit, expressed in megalitres, for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 0.0864.","sortOrder":89},{"sectionNumber":"ch.5-pt.2-div.7","sectionType":"division","heading":"Converting authorisations to water allocations to take unsupplemented water","content":"## Converting authorisations to water allocations to take unsupplemented water","sortOrder":90},{"sectionNumber":"sec.88","sectionType":"section","heading":"Purpose of div&#160;7","content":"### sec.88 Purpose of div&#160;7\n\nThis division states strategies for authorisations to be converted, under section&#160;121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.","sortOrder":91},{"sectionNumber":"sec.89","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.89 Authorisations to be converted to water allocations\n\nThe authorisations to be converted to water allocations to take unsupplemented water are water licences for taking unsupplemented water from—\nthe Nogoa River from the upstream limit of Fairbairn Dam at AMTD 737.5km to its junction with Theresa Creek; and\nTheresa Creek from its junction with Retreat Creek at AMTD 15.0km to its junction with the Nogoa River; and\nRetreat Creek, including anabranches, from its junction with Kettle Creek at AMTD 23.6km to its junction with Theresa Creek; and\nthe Comet River, including anabranches, from Lake Brown gauging station AMTD 199.2km to its junction with the Nogoa River; and\nthe Dawson River from the upstream limit of Glebe Weir at AMTD 356.5km to its junction with the Mackenzie River, including sections of tributaries where Dawson River flows are accessible; and\nthe Dawson River from Utopia Downs Gauging Station at AMTD 453.5km to the upstream limit of Glebe Weir at AMTD 356.5km, including sections of tributaries where Dawson River flows are accessible.\n- (a) the Nogoa River from the upstream limit of Fairbairn Dam at AMTD 737.5km to its junction with Theresa Creek; and\n- (b) Theresa Creek from its junction with Retreat Creek at AMTD 15.0km to its junction with the Nogoa River; and\n- (c) Retreat Creek, including anabranches, from its junction with Kettle Creek at AMTD 23.6km to its junction with Theresa Creek; and\n- (d) the Comet River, including anabranches, from Lake Brown gauging station AMTD 199.2km to its junction with the Nogoa River; and\n- (e) the Dawson River from the upstream limit of Glebe Weir at AMTD 356.5km to its junction with the Mackenzie River, including sections of tributaries where Dawson River flows are accessible; and\n- (f) the Dawson River from Utopia Downs Gauging Station at AMTD 453.5km to the upstream limit of Glebe Weir at AMTD 356.5km, including sections of tributaries where Dawson River flows are accessible.","sortOrder":92},{"sectionNumber":"sec.90","sectionType":"section","heading":"Elements of water allocations","content":"### sec.90 Elements of water allocations\n\nA water allocation to take unsupplemented water must state the following—\nthe maximum rate at which water may be taken under the allocation;\nthe daily volumetric limit for the allocation;\nthe annual volumetric limit for the allocation;\nthe flow conditions for the allocation.\ns&#160;90 sub 2014 SL&#160;No.&#160;142 s&#160;77\n- (a) the maximum rate at which water may be taken under the allocation;\n- (b) the daily volumetric limit for the allocation;\n- (c) the annual volumetric limit for the allocation;\n- (d) the flow conditions for the allocation.","sortOrder":93},{"sectionNumber":"sec.91","sectionType":"section","heading":"Water allocation groups","content":"### sec.91 Water allocation groups\n\nThis section applies to an authorisation converted to a water allocation to take unsupplemented water (the resulting water allocation ) mentioned in section&#160;89 .\nThe water allocation group for the resulting water allocation is stated in schedule&#160;11 , table, column 3 opposite the location used for taking water stated in schedule&#160;11 , table, column 1 and the flow condition stated in schedule&#160;11 , table, column 2.\n(sec.91-ssec.1) This section applies to an authorisation converted to a water allocation to take unsupplemented water (the resulting water allocation ) mentioned in section&#160;89 .\n(sec.91-ssec.2) The water allocation group for the resulting water allocation is stated in schedule&#160;11 , table, column 3 opposite the location used for taking water stated in schedule&#160;11 , table, column 1 and the flow condition stated in schedule&#160;11 , table, column 2.","sortOrder":94},{"sectionNumber":"sec.92","sectionType":"section","heading":"Location for taking water under a water allocation","content":"### sec.92 Location for taking water under a water allocation\n\nThe location for taking water to be stated on a water allocation to take unsupplemented water is to include the place at which water could have been taken under the authorisation from which the allocation was converted.","sortOrder":95},{"sectionNumber":"sec.93","sectionType":"section","heading":"Purpose to be stated on a water allocation","content":"### sec.93 Purpose to be stated on a water allocation\n\nThe purpose to be stated on a water allocation to take unsupplemented water is to be—\nif the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘agriculture’; or\notherwise—‘any’.\n- (a) if the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘agriculture’; or\n- (b) otherwise—‘any’.","sortOrder":96},{"sectionNumber":"sec.94","sectionType":"section","heading":"Nominal volume for a water allocation","content":"### sec.94 Nominal volume for a water allocation\n\nIn deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must have regard to the following—\nthe local availability of water;\nthe conditions under which water may be taken under the authorisation;\nfor an authorisation that states any volumetric limits—the stated volumetric limits;\nthe simulated mean annual diversion for the proposed water allocation.\nIn this section—\nsimulated mean annual diversion , for an authorisation or group of authorisations, means the total volume of water simulated to have been taken under the authorisations, if the authorisations were in existence for the whole of the simulation period, divided by the number of years in the simulation period.\ns&#160;94 amd 2021 SL&#160;No.&#160;71 ss&#160;26 , 49 (10)\n(sec.94-ssec.1) In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must have regard to the following— the local availability of water; the conditions under which water may be taken under the authorisation; for an authorisation that states any volumetric limits—the stated volumetric limits; the simulated mean annual diversion for the proposed water allocation.\n(sec.94-ssec.2) In this section— simulated mean annual diversion , for an authorisation or group of authorisations, means the total volume of water simulated to have been taken under the authorisations, if the authorisations were in existence for the whole of the simulation period, divided by the number of years in the simulation period.\n- (a) the local availability of water;\n- (b) the conditions under which water may be taken under the authorisation;\n- (c) for an authorisation that states any volumetric limits—the stated volumetric limits;\n- (d) the simulated mean annual diversion for the proposed water allocation.","sortOrder":97},{"sectionNumber":"sec.95","sectionType":"section","heading":"Maximum rate for taking water","content":"### sec.95 Maximum rate for taking water\n\nThe maximum rate at which water may be taken under a water allocation is—\nfor an authorisation that states an authorised activity referring to the capability of a particular pump size to take water—\nfor a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\nfor a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\nfor an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit—\nstates a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\nstates a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\nfor another authorisation—the rate decided by the chief executive having regard to—\nthe type of authorisation; and\nan estimate or measurement of the rate at which water can be taken under the authorisation.\nHowever, for subsection&#160;(1) (a) and (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump );\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\nThe chief executive must ensure that the total volume that can be taken in a day at the maximum rate for the allocation is not less than the daily volumetric limit under section&#160;96 .\n(sec.95-ssec.1) The maximum rate at which water may be taken under a water allocation is— for an authorisation that states an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and for an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— states a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation.\n(sec.95-ssec.2) However, for subsection&#160;(1) (a) and (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\n(sec.95-ssec.3) The chief executive must ensure that the total volume that can be taken in a day at the maximum rate for the allocation is not less than the daily volumetric limit under section&#160;96 .\n- (a) for an authorisation that states an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (b) for an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) states a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) states a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (c) for another authorisation—the rate decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) states a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump );\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .","sortOrder":98},{"sectionNumber":"sec.96","sectionType":"section","heading":"Daily volumetric limit for a water allocation","content":"### sec.96 Daily volumetric limit for a water allocation\n\nThe daily volumetric limit for a water allocation to take unsupplemented water is—\nfor an authorisation that states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated rate by 0.0864; or\nfor an authorisation that does not state a maximum rate but states an authorised activity referring to the capability of a particular pump size to take water—\nfor a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\nfor a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\nfor an authorisation that does not state a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit—\nstates a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\nstates a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\nfor another authorisation—the volume decided by the chief executive having regard to—\nthe type of authorisation; and\nan estimate or measurement of the daily rate at which water can be taken under the authorisation.\nHowever, for subsection&#160;(1) (b) and (c) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\n(sec.96-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated rate by 0.0864; or for an authorisation that does not state a maximum rate but states an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or for an authorisation that does not state a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— states a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or for another authorisation—the volume decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the daily rate at which water can be taken under the authorisation.\n(sec.96-ssec.2) However, for subsection&#160;(1) (b) and (c) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\n- (a) for an authorisation that states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated rate by 0.0864; or\n- (b) for an authorisation that does not state a maximum rate but states an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (c) for an authorisation that does not state a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) states a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) states a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (d) for another authorisation—the volume decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the daily rate at which water can be taken under the authorisation.\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the daily rate at which water can be taken under the authorisation.\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) states a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the daily rate at which water can be taken under the authorisation.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .","sortOrder":99},{"sectionNumber":"sec.97","sectionType":"section","heading":"Annual volumetric limit for a water allocation","content":"### sec.97 Annual volumetric limit for a water allocation\n\nThe annual volumetric limit for a water allocation to take unsupplemented water is—\nfor an authorisation converted to a water allocation belonging to water allocation group Class 0A—the stated volume; or\nfor an authorisation converted to a water allocation belonging to water allocation group Class 9A, Class 9B, Class 10A, Class 10B, Class 11A, Class 11B, Class 12A or Class 13A—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section&#160;96 , by the number of days stated in schedule&#160;11 , column 4 for the water allocation group; or\nfor an authorisation converted to a water allocation belonging to water allocation group Class 8A, Class 10C or Class 13C—\nfor an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or\nfor another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section&#160;96 , by the number of days stated in schedule&#160;11 , column 4 for the water allocation group.\n- (a) for an authorisation converted to a water allocation belonging to water allocation group Class 0A—the stated volume; or\n- (b) for an authorisation converted to a water allocation belonging to water allocation group Class 9A, Class 9B, Class 10A, Class 10B, Class 11A, Class 11B, Class 12A or Class 13A—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section&#160;96 , by the number of days stated in schedule&#160;11 , column 4 for the water allocation group; or\n- (c) for an authorisation converted to a water allocation belonging to water allocation group Class 8A, Class 10C or Class 13C— (i) for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or (ii) for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section&#160;96 , by the number of days stated in schedule&#160;11 , column 4 for the water allocation group.\n- (i) for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or\n- (ii) for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section&#160;96 , by the number of days stated in schedule&#160;11 , column 4 for the water allocation group.\n- (i) for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or\n- (ii) for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section&#160;96 , by the number of days stated in schedule&#160;11 , column 4 for the water allocation group.","sortOrder":100},{"sectionNumber":"sec.98","sectionType":"section","heading":"Conditions for water allocations","content":"### sec.98 Conditions for water allocations\n\nThe chief executive may impose on a water allocation to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved.\nIn deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the authorisation from which the allocation was converted.\n(sec.98-ssec.1) The chief executive may impose on a water allocation to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved.\n(sec.98-ssec.2) In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the authorisation from which the allocation was converted.","sortOrder":101},{"sectionNumber":"sec.99","sectionType":"section","heading":"Monthly volumetric limit for a water allocation","content":"### sec.99 Monthly volumetric limit for a water allocation\n\nA water allocation converted from an authorisation that states an area that may be irrigated may also state a monthly volumetric limit.\nThe monthly volumetric limit for the water allocation is the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 2.\n(sec.99-ssec.1) A water allocation converted from an authorisation that states an area that may be irrigated may also state a monthly volumetric limit.\n(sec.99-ssec.2) The monthly volumetric limit for the water allocation is the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 2.","sortOrder":102},{"sectionNumber":"sec.100","sectionType":"section","heading":"Storing water taken under a water allocation","content":"### sec.100 Storing water taken under a water allocation\n\nThis section applies if the chief executive decides to impose a condition on a water allocation that states works that may be used to store the water taken under the allocation.\nIn deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.\n(sec.100-ssec.1) This section applies if the chief executive decides to impose a condition on a water allocation that states works that may be used to store the water taken under the allocation.\n(sec.100-ssec.2) In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.","sortOrder":103},{"sectionNumber":"ch.5-pt.2-div.8","sectionType":"division","heading":"Water licences to take water from watercourse, lake or spring","content":"## Water licences to take water from watercourse, lake or spring","sortOrder":104},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Application of division","content":"### sec.100A Application of division\n\nThis division applies to—\na water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act ; or\na water licence to take water to which this plan applies that is proposed to be amended under section&#160;133 of the Act for consistency with this plan.\nHowever, this division does not apply to a water licence to interfere with the flow of water to which this plan applies.\ns&#160;100A ins 2021 SL&#160;No.&#160;71 s&#160;28\n(sec.100A-ssec.1) This division applies to— a water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act ; or a water licence to take water to which this plan applies that is proposed to be amended under section&#160;133 of the Act for consistency with this plan.\n(sec.100A-ssec.2) However, this division does not apply to a water licence to interfere with the flow of water to which this plan applies.\n- (a) a water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act ; or\n- (b) a water licence to take water to which this plan applies that is proposed to be amended under section&#160;133 of the Act for consistency with this plan.","sortOrder":105},{"sectionNumber":"sec.101","sectionType":"section","heading":"Elements of water licences to take water from a watercourse, lake or spring","content":"### sec.101 Elements of water licences to take water from a watercourse, lake or spring\n\nA water licence to take water from a watercourse, lake or spring in the plan area is to state—\n1 of the following purposes for which the water may be taken under the licence—\nstock and domestic;\nrelift;\nagriculture;\nany; and\nthe maximum rate at which the water may be taken under the licence; and\nthe daily volumetric limit for the licence; and\nthe nominal entitlement for the licence; and\nthe monthly volumetric limit, if any, for the licence; and\nthe conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence.\ns&#160;101 amd 2021 SL&#160;No.&#160;71 s&#160;29\n- (a) 1 of the following purposes for which the water may be taken under the licence— (i) stock and domestic; (ii) relift; (iii) agriculture; (iv) any; and\n- (i) stock and domestic;\n- (ii) relift;\n- (iii) agriculture;\n- (iv) any; and\n- (b) the maximum rate at which the water may be taken under the licence; and\n- (c) the daily volumetric limit for the licence; and\n- (d) the nominal entitlement for the licence; and\n- (e) the monthly volumetric limit, if any, for the licence; and\n- (f) the conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence.\n- (i) stock and domestic;\n- (ii) relift;\n- (iii) agriculture;\n- (iv) any; and","sortOrder":106},{"sectionNumber":"sec.102","sectionType":"section","heading":"Definition for sdiv&#160;2","content":"### sec.102 Definition for sdiv&#160;2\n\nIn this subdivision—\namended water licence means a water licence to take unsupplemented water from a watercourse, lake or spring and amended under section&#160;133 of the Act .\ns&#160;102 def amended water licence amd 2021 SL&#160;No.&#160;71 s&#160;30","sortOrder":107},{"sectionNumber":"sec.103","sectionType":"section","heading":"Purpose to be stated on a water licence","content":"### sec.103 Purpose to be stated on a water licence\n\nThe purpose stated on an amended water licence is to be—\nif the purpose stated on the water licence before the amendment is stock or domestic—‘stock and domestic’; or\nif the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or\nif the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or\notherwise—‘any’.\nFor subsection&#160;(1) (c) , water taken under a water licence is used for a relift purpose if the water is—\nreleased into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and\ntaken from a watercourse, lake, spring or works under the licence.\ns&#160;103 amd 2021 SL&#160;No.&#160;71 s&#160;31\n(sec.103-ssec.1) The purpose stated on an amended water licence is to be— if the purpose stated on the water licence before the amendment is stock or domestic—‘stock and domestic’; or if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or if the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or otherwise—‘any’.\n(sec.103-ssec.2) For subsection&#160;(1) (c) , water taken under a water licence is used for a relift purpose if the water is— released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and taken from a watercourse, lake, spring or works under the licence.\n- (a) if the purpose stated on the water licence before the amendment is stock or domestic—‘stock and domestic’; or\n- (b) if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or\n- (c) if the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or\n- (d) otherwise—‘any’.\n- (a) released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and\n- (b) taken from a watercourse, lake, spring or works under the licence.","sortOrder":108},{"sectionNumber":"sec.104","sectionType":"section","heading":"Maximum rate for a water licence","content":"### sec.104 Maximum rate for a water licence\n\nThe maximum rate at which unsupplemented water may be taken under an amended water licence is—\nfor an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or\nfor an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water—\nfor a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\nfor a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\nfor an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit—\nstated a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\nstated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\nfor another amended water licence—the rate decided by the chief executive having regard to—\nthe type of licence; and\nan estimate or measurement of the rate at which water can be taken under the licence.\nHowever, for subsection&#160;(1) (b) and (c) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates;\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\nThe chief executive must ensure that the total volume that could be taken in a day at the maximum rate for the amended water licence is not less than the daily volumetric limit under section&#160;105 .\n(sec.104-ssec.1) The maximum rate at which unsupplemented water may be taken under an amended water licence is— for an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— stated a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and for another amended water licence—the rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the rate at which water can be taken under the licence.\n(sec.104-ssec.2) However, for subsection&#160;(1) (b) and (c) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\n(sec.104-ssec.3) The chief executive must ensure that the total volume that could be taken in a day at the maximum rate for the amended water licence is not less than the daily volumetric limit under section&#160;105 .\n- (a) for an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or\n- (b) for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (c) for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) stated a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or (ii) stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) stated a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (d) for another amended water licence—the rate decided by the chief executive having regard to— (i) the type of licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) the type of licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) stated a pump size mentioned in schedule&#160;10 , column 1—the rate stated in schedule&#160;10 , column 2 for the pump size; or\n- (ii) stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;10 , column 2; and\n- (i) the type of licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates;\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .","sortOrder":109},{"sectionNumber":"sec.105","sectionType":"section","heading":"Daily volumetric limit for a water licence","content":"### sec.105 Daily volumetric limit for a water licence\n\nThe daily volumetric limit for an amended water licence to take unsupplemented water is—\nfor an amended water licence that, before the amendment, stated the volume of water that may be taken in a day—the daily volume stated on the licence before the amendment; or\nfor an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day but stated 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 amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate but stated an authorised activity referring to the capability of a particular pump size to take water—\nfor a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\nfor a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\nfor an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit—\nstated a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\nstated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\nfor another amended water licence—the volume decided by the chief executive having regard to—\nthe type of licence; and\nan estimate or measurement of the daily rate at which water can be taken under the licence.\nHowever, for subsection&#160;(1) (c) and (d) , if the licence holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates under normal operating conditions;\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\n(sec.105-ssec.1) The daily volumetric limit for an amended water licence to take unsupplemented water is— for an amended water licence that, before the amendment, stated the volume of water that may be taken in a day—the daily volume stated on the licence before the amendment; or for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day but stated 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 amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate but stated an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— stated a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or for another amended water licence—the volume decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the daily rate at which water can be taken under the licence.\n(sec.105-ssec.2) However, for subsection&#160;(1) (c) and (d) , if the licence holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .\n- (a) for an amended water licence that, before the amendment, stated the volume of water that may be taken in a day—the daily volume stated on the licence before the amendment; or\n- (b) for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day but stated 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 amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate but stated an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (d) for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) stated a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or (ii) stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) stated a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (e) for another amended water licence—the volume decided by the chief executive having regard to— (i) the type of licence; and (ii) an estimate or measurement of the daily rate at which water can be taken under the licence.\n- (i) the type of licence; and\n- (ii) an estimate or measurement of the daily rate at which water can be taken under the licence.\n- (i) for a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) for a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) stated a pump size mentioned in schedule&#160;10 , column 1—the volume stated in schedule&#160;10 , column 3 for the pump size; or\n- (ii) stated a pump size other than a pump size mentioned in schedule&#160;10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule&#160;10 , column 3; or\n- (i) the type of licence; and\n- (ii) an estimate or measurement of the daily rate at which water can be taken under the licence.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates under normal operating conditions;\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph&#160;(c) .","sortOrder":110},{"sectionNumber":"sec.106","sectionType":"section","heading":"Nominal entitlement for a water licence","content":"### sec.106 Nominal entitlement for a water licence\n\nThe nominal entitlement for an amended water licence to take unsupplemented water is—\nfor an amended water licence that, before the amendment, stated the volume of water that may be taken in a 12-month period—the stated volume; or\nfor an amended water licence that, before the amendment, stated an area that may be irrigated—\nthe volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\nif the chief executive is satisfied that the amount under subparagraph&#160;(i) is not sufficient, the volume decided by the chief executive having regard to the following—\nthe volume required for the licence’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in sub-subparagraph (B); or\notherwise—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence;\nthe water-taking capacity of any works for taking water under the licence;\nthe volume required for the licence’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (a) for an amended water licence that, before the amendment, stated the volume of water that may be taken in a 12-month period—the stated volume; or\n- (b) for an amended water licence that, before the amendment, stated an area that may be irrigated— (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or (ii) if the chief executive is satisfied that the amount under subparagraph&#160;(i) is not sufficient, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\n- (ii) if the chief executive is satisfied that the amount under subparagraph&#160;(i) is not sufficient, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the licence’s intended purpose;\n- (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (c) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water-taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or\n- (ii) if the chief executive is satisfied that the amount under subparagraph&#160;(i) is not sufficient, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the licence’s intended purpose;\n- (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (A) the volume required for the licence’s intended purpose;\n- (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .","sortOrder":111},{"sectionNumber":"sec.106A","sectionType":"section","heading":null,"content":"### Section sec.106A\n\ns&#160;106A ins 2015 SL&#160;No.&#160;121 s&#160;10\nom 2021 SL&#160;No.&#160;71 s&#160;32","sortOrder":112},{"sectionNumber":"sec.107","sectionType":"section","heading":"Monthly volumetric limit for a water licence","content":"### sec.107 Monthly volumetric limit for a water licence\n\nThis section applies to an amended water licence that, before the amendment, stated an area that may be irrigated.\nThe monthly volumetric limit for the amended water licence is the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 2.\n(sec.107-ssec.1) This section applies to an amended water licence that, before the amendment, stated an area that may be irrigated.\n(sec.107-ssec.2) The monthly volumetric limit for the amended water licence is the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 2.","sortOrder":113},{"sectionNumber":"sec.108","sectionType":"section","heading":"Conditions for water licences","content":"### sec.108 Conditions for water licences\n\nIn deciding the conditions, including flow conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions stated on the water licence being amended.","sortOrder":114},{"sectionNumber":"sec.109","sectionType":"section","heading":"Storing water taken under a water licence","content":"### sec.109 Storing water taken under a water licence\n\nThis section applies if the chief executive decides to impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence.\nIn deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.\n(sec.109-ssec.1) This section applies if the chief executive decides to impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence.\n(sec.109-ssec.2) In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.","sortOrder":115},{"sectionNumber":"ch.5-pt.2-div.9","sectionType":"division","heading":"Regulating overland flow water","content":"## Regulating overland flow water","sortOrder":116},{"sectionNumber":"sec.110","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s&#160;101","content":"### sec.110 Limitation on taking overland flow water— Act , s&#160;101\n\nThis section limits the overland flow water that may be taken under section&#160;101 (1) of the Act .\nA person may only take overland flow water—\nfor stock or domestic purposes; or\nfor another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following—\nfor works located in the Downstream of Fitzroy Barrage subcatchment area—5ML;\notherwise—50ML; or\nunder a water licence; or\nof not more than the volume necessary to satisfy the requirements of the following—\nan environmental authority issued under the Environmental Protection Act 1994 ;\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nthat is contaminated agricultural runoff water; or\nthat is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter&#160;8 ; or\nthat is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or\nunder section&#160;111 .\nIn this section—\ncoal seam gas water see the Environmental Protection Act 1994 , section&#160;310D (7) .\ncontaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.\ns&#160;110 amd 2013 Act&#160;No.&#160;23 s&#160;352 s ch&#160;1 pt&#160;2 ; 2021 SL&#160;No.&#160;71 s&#160;33\n(sec.110-ssec.1) This section limits the overland flow water that may be taken under section&#160;101 (1) of the Act .\n(sec.110-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; otherwise—50ML; or under a water licence; or of not more than the volume necessary to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter&#160;8 ; or that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or under section&#160;111 .\n(sec.110-ssec.3) In this section— coal seam gas water see the Environmental Protection Act 1994 , section&#160;310D (7) . contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.\n- (a) for stock or domestic purposes; or\n- (b) for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— (i) for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; (ii) otherwise—50ML; or\n- (i) for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML;\n- (ii) otherwise—50ML; or\n- (c) under a water licence; or\n- (d) of not more than the volume necessary to satisfy the requirements of the following— (i) an environmental authority issued under the Environmental Protection Act 1994 ; (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ;\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) that is contaminated agricultural runoff water; or\n- (f) that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter&#160;8 ; or\n- (g) that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or\n- (h) under section&#160;111 .\n- (i) for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML;\n- (ii) otherwise—50ML; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ;\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":117},{"sectionNumber":"sec.111","sectionType":"section","heading":"Taking water using particular existing overland flow works authorised","content":"### sec.111 Taking water using particular existing overland flow works authorised\n\nThis section applies to the following—\na person (the prescribed person ) who is the owner of land on which are located existing overland flow works, other than prescribed works;\nthe holder (the prescribed tenure holder ) of—\na mining tenement for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the mining tenement; or\na petroleum tenure for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the petroleum tenure.\nA prescribed tenure holder may continue to use the overland flow works mentioned in subsection&#160;(1) (b) to take overland flow water for 1 year after the commencement of this section.\nSubsection&#160;(4) applies if a prescribed person or prescribed tenure holder—\ngives the chief executive notice of the overland flow works mentioned in subsection&#160;(1) (a) or (b) , in the approved form, and any further information required by the chief executive about the works; or\ngave notice of the overland flow works mentioned in subsection&#160;(1) (a) or (b) under section&#160;28D of the previous plan.\nThe prescribed person or prescribed tenure holder may continue to use the overland flow works to take overland flow water—\nafter the prescribed person or prescribed tenure holder gives the notice and information mentioned in subsection&#160;(3) (a) ; or\nif the prescribed person gave notice under section&#160;28D of the previous plan—from the commencement of this plan.\nIn this section—\nmining tenement see the Mineral Resources Act 1989 .\nprescribed works means existing overland flow works for taking only the overland flow water that may be taken under section&#160;110 (2) (a) to (g) .\nprevious plan means the repealed Water Resource (Fitzroy Basin) Plan 1999 .\ns&#160;111 amd 2021 SL&#160;No.&#160;71 s&#160;49 (9)\n(sec.111-ssec.1) This section applies to the following— a person (the prescribed person ) who is the owner of land on which are located existing overland flow works, other than prescribed works; the holder (the prescribed tenure holder ) of— a mining tenement for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the mining tenement; or a petroleum tenure for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the petroleum tenure.\n(sec.111-ssec.2) A prescribed tenure holder may continue to use the overland flow works mentioned in subsection&#160;(1) (b) to take overland flow water for 1 year after the commencement of this section.\n(sec.111-ssec.3) Subsection&#160;(4) applies if a prescribed person or prescribed tenure holder— gives the chief executive notice of the overland flow works mentioned in subsection&#160;(1) (a) or (b) , in the approved form, and any further information required by the chief executive about the works; or gave notice of the overland flow works mentioned in subsection&#160;(1) (a) or (b) under section&#160;28D of the previous plan.\n(sec.111-ssec.4) The prescribed person or prescribed tenure holder may continue to use the overland flow works to take overland flow water— after the prescribed person or prescribed tenure holder gives the notice and information mentioned in subsection&#160;(3) (a) ; or if the prescribed person gave notice under section&#160;28D of the previous plan—from the commencement of this plan.\n(sec.111-ssec.5) In this section— mining tenement see the Mineral Resources Act 1989 . prescribed works means existing overland flow works for taking only the overland flow water that may be taken under section&#160;110 (2) (a) to (g) . previous plan means the repealed Water Resource (Fitzroy Basin) Plan 1999 .\n- (a) a person (the prescribed person ) who is the owner of land on which are located existing overland flow works, other than prescribed works;\n- (b) the holder (the prescribed tenure holder ) of— (i) a mining tenement for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the mining tenement; or (ii) a petroleum tenure for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the petroleum tenure.\n- (i) a mining tenement for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the mining tenement; or\n- (ii) a petroleum tenure for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the petroleum tenure.\n- (i) a mining tenement for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the mining tenement; or\n- (ii) a petroleum tenure for land on which are located existing overland flow works, other than prescribed works, for taking overland flow water for activities authorised under the petroleum tenure.\n- (a) gives the chief executive notice of the overland flow works mentioned in subsection&#160;(1) (a) or (b) , in the approved form, and any further information required by the chief executive about the works; or\n- (b) gave notice of the overland flow works mentioned in subsection&#160;(1) (a) or (b) under section&#160;28D of the previous plan.\n- (a) after the prescribed person or prescribed tenure holder gives the notice and information mentioned in subsection&#160;(3) (a) ; or\n- (b) if the prescribed person gave notice under section&#160;28D of the previous plan—from the commencement of this plan.","sortOrder":118},{"sectionNumber":"sec.112","sectionType":"section","heading":"Process for granting water licences— Act , s&#160;116","content":"### sec.112 Process for granting water licences— Act , s&#160;116\n\nThis section applies if the water management protocol states a process for granting a licence to take overland flow water.\nFor section&#160;116 of the Act , under the process, the chief executive—\nmust consider—\nthe average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\nthe annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\nmay consider the extent to which the works, immediately before the commencement of this plan, allowed—\nthe taking of other water under another authorisation; or\nthe storage of other water taken under another authorisation.\nSubsection&#160;(2) does not limit the matters the chief executive may consider.\nThe process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.\nIn this section—\nregistered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .\ns&#160;112 amd 2021 SL&#160;No.&#160;71 s&#160;34\n(sec.112-ssec.1) This section applies if the water management protocol states a process for granting a licence to take overland flow water.\n(sec.112-ssec.2) For section&#160;116 of the Act , under the process, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and may consider the extent to which the works, immediately before the commencement of this plan, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.\n(sec.112-ssec.3) Subsection&#160;(2) does not limit the matters the chief executive may consider.\n(sec.112-ssec.4) The process may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.\n(sec.112-ssec.5) In this section— registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .\n- (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (b) may consider the extent to which the works, immediately before the commencement of this plan, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.","sortOrder":119},{"sectionNumber":"sec.113","sectionType":"section","heading":"Water licences to take overland flow water","content":"### sec.113 Water licences to take overland flow water\n\nA water licence to take overland flow water is to state—\n1 of the following purposes for which water may be taken under the licence—\nagriculture;\nany; and\nat least 1 of the following—\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 maximum volume of water that may be stored under the licence; and\nthe conditions, if any, for the licence.\n- (a) 1 of the following purposes for which water may be taken under the licence— (i) agriculture; (ii) any; and\n- (i) agriculture;\n- (ii) any; and\n- (b) at least 1 of the following— (i) the maximum rate at which water may be taken under the licence; (ii) the daily volumetric limit for the licence; (iii) the nominal entitlement for the licence; (iv) the maximum volume of water that may be stored under the licence; and\n- (i) the maximum rate at which water may be taken under the licence;\n- (ii) the daily volumetric limit for the licence;\n- (iii) the nominal entitlement for the licence;\n- (iv) the maximum volume of water that may be stored under the licence; and\n- (c) the conditions, if any, for the licence.\n- (i) agriculture;\n- (ii) any; and\n- (i) the maximum rate at which water may be taken under the licence;\n- (ii) the daily volumetric limit for the licence;\n- (iii) the nominal entitlement for the licence;\n- (iv) the maximum volume of water that may be stored under the licence; and","sortOrder":120},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns&#160;114 om 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":121},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Additional strategies for groundwater","content":"# Additional strategies for groundwater","sortOrder":122},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":123},{"sectionNumber":"sec.115","sectionType":"section","heading":"Application and purpose of pt&#160;3","content":"### sec.115 Application and purpose of pt&#160;3\n\nThis part—\napplies only to groundwater in a groundwater management area; and\nstates the strategies for achieving the outcomes mentioned in chapter&#160;3 .\n- (a) applies only to groundwater in a groundwater management area; and\n- (b) states the strategies for achieving the outcomes mentioned in chapter&#160;3 .","sortOrder":124},{"sectionNumber":"sec.116","sectionType":"section","heading":"Limitation on taking or interfering with groundwater— Act , s&#160;101","content":"### sec.116 Limitation on taking or interfering with groundwater— Act , s&#160;101\n\nThis section limits the groundwater that may be taken or interfered with under section&#160;101 (1) of the Act .\nA person may only take or interfere with groundwater in a groundwater management area—\nunder a water permit; or\nunder a water licence; or\nunder an interim water allocation; or\nunder a water allocation; or\nfor stock or domestic purposes; or\nfor an activity prescribed under a regulation for section&#160;101 (1) (a) of the Act .\ns&#160;116 amd 2013 Act&#160;No.&#160;23 s&#160;352 sch&#160;1 pt&#160;2 ; 2015 SL&#160;No.&#160;121 s&#160;11 ; 2021 SL&#160;No.&#160;71 s&#160;35\n(sec.116-ssec.1) This section limits the groundwater that may be taken or interfered with under section&#160;101 (1) of the Act .\n(sec.116-ssec.2) A person may only take or interfere with groundwater in a groundwater management area— under a water permit; or under a water licence; or under an interim water allocation; or under a water allocation; or for stock or domestic purposes; or for an activity prescribed under a regulation for section&#160;101 (1) (a) of the Act .\n- (a) under a water permit; or\n- (b) under a water licence; or\n- (c) under an interim water allocation; or\n- (d) under a water allocation; or\n- (e) for stock or domestic purposes; or\n- (f) for an activity prescribed under a regulation for section&#160;101 (1) (a) of the Act .","sortOrder":125},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns&#160;117 amd 2014 Act&#160;No.&#160;29 s&#160;148\nom 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":126},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Water licences to take groundwater","content":"## Water licences to take groundwater","sortOrder":127},{"sectionNumber":"sec.118","sectionType":"section","heading":"Elements of water licences","content":"### sec.118 Elements of water licences\n\nA water licence to take groundwater is to state the following—\n1 of the following purposes for which the water may be taken under the licence—\nagriculture;\nany;\nthe nominal entitlement for the licence;\nthe conditions, if any, for the licence.\nHowever, subsection&#160;(1) does not apply to a licence granted under section&#160;114 of the Act for the purpose of mine dewatering.\nIn this section—\nmine dewatering means the removal of groundwater that is necessary to ensure a safe and efficient mine working environment for an authorised activity for a mining tenement under the Mineral Resources Act 1989 .\nthe removal of groundwater that has accumulated in mine workings\nthe extraction of groundwater from bores surrounding the mine workings to lower the water table or hydraulic pressure\ns&#160;118 amd 2021 SL&#160;No.&#160;71 ss&#160;36 , 49 (7)\n(sec.118-ssec.1) A water licence to take groundwater is to state the following— 1 of the following purposes for which the water may be taken under the licence— agriculture; any; the nominal entitlement for the licence; the conditions, if any, for the licence.\n(sec.118-ssec.2) However, subsection&#160;(1) does not apply to a licence granted under section&#160;114 of the Act for the purpose of mine dewatering.\n(sec.118-ssec.3) In this section— mine dewatering means the removal of groundwater that is necessary to ensure a safe and efficient mine working environment for an authorised activity for a mining tenement under the Mineral Resources Act 1989 . the removal of groundwater that has accumulated in mine workings the extraction of groundwater from bores surrounding the mine workings to lower the water table or hydraulic pressure\n- (a) 1 of the following purposes for which the water may be taken under the licence— (i) agriculture; (ii) any;\n- (i) agriculture;\n- (ii) any;\n- (b) the nominal entitlement for the licence;\n- (c) the conditions, if any, for the licence.\n- (i) agriculture;\n- (ii) any;\n- • the removal of groundwater that has accumulated in mine workings\n- • the extraction of groundwater from bores surrounding the mine workings to lower the water table or hydraulic pressure","sortOrder":128},{"sectionNumber":"sec.119","sectionType":"section","heading":"Definition for sdiv&#160;2","content":"### sec.119 Definition for sdiv&#160;2\n\nIn this subdivision—\namended water licence means a water licence to take groundwater and amended under section&#160;133 of the Act .\ns&#160;119 def amended water licence amd 2021 SL&#160;No.&#160;71 s&#160;37","sortOrder":129},{"sectionNumber":"sec.120","sectionType":"section","heading":"Purpose to be stated on a water licence","content":"### sec.120 Purpose to be stated on a water licence\n\nThe purpose stated on an amended water licence is to be—\nif the purpose stated on the water licence is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or\notherwise—‘any’.\n- (a) if the purpose stated on the water licence is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or\n- (b) otherwise—‘any’.","sortOrder":130},{"sectionNumber":"sec.121","sectionType":"section","heading":"Nominal entitlement for a water licence","content":"### sec.121 Nominal entitlement for a water licence\n\nThe nominal entitlement for an amended water licence relating to water in the Fitzroy Basin is—\nfor a water licence that, before the amendment, states the volume of water that may be taken in a 12-month period—the stated volume; and\notherwise—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence;\nthe water-taking capacity of any works for taking water under the licence;\nthe volume required for the licence’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\ns&#160;121 amd 2021 SL&#160;No.&#160;71 s&#160;38\n- (a) for a water licence that, before the amendment, states the volume of water that may be taken in a 12-month period—the stated volume; and\n- (b) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water-taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .","sortOrder":131},{"sectionNumber":"sec.122","sectionType":"section","heading":"Conditions for water licences","content":"### sec.122 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 the conditions stated on the water licence being amended.","sortOrder":132},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns&#160;123 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":133},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns&#160;124 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":134},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns&#160;125 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":135},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns&#160;126 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":136},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":137},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns&#160;127 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":138},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns&#160;128 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":139},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns&#160;129 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":140},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns&#160;130 sub 2014 SL&#160;No.&#160;142 s&#160;78\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":141},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns&#160;131 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":142},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns&#160;132 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":143},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns&#160;133 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":144},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns&#160;134 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":145},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns&#160;135 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":146},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns&#160;136 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":147},{"sectionNumber":"ch.5-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":148},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns&#160;137 amd 2015 SL&#160;No.&#160;121 s&#160;13\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":149},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns&#160;138 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":150},{"sectionNumber":"sec.139","sectionType":"section","heading":null,"content":"### Section sec.139\n\nannual adjusted use volume ...\ns&#160;139 def annual adjusted use volume amd 2015 SL&#160;No.&#160;121 s&#160;14 (3)\nconverted section&#160;129 authorisation ...\ns&#160;139 def converted section&#160;129 authorisation ins 2015 SL&#160;No.&#160;121 s&#160;14 (2)\nconverting authorisation ...\ns&#160;139 def converting authorisation sub 2015 SL&#160;No.&#160;121 s&#160;14 (1) –(2)\npre-2010 contributing authorisation ...\ns&#160;139 def pre-2010 contributing authorisation amd 2015 SL&#160;No.&#160;121 s&#160;14 (4)\npre-conversion use volume ...\ns&#160;139 def pre-conversion use volume ins 2015 SL&#160;No.&#160;121 s&#160;14 (2)\npreliminary volume ...\ns&#160;139 def preliminary volume om 2015 SL&#160;No.&#160;121 s&#160;14 (1)\nprevious section&#160;51 ...\ns&#160;139 def previous section&#160;51 ins 2015 SL&#160;No.&#160;121 s&#160;14 (2)\nsection&#160;137(c) allocation ...\ns&#160;139 def section&#160;137(c) allocation ins 2015 SL&#160;No.&#160;121 s&#160;14 (2)\ns&#160;139 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":151},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns&#160;140 om 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":152},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns&#160;141 amd 2015 SL&#160;No.&#160;121 s&#160;17\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":153},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns&#160;142 sub 2015 SL&#160;No.&#160;121 s&#160;18\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":154},{"sectionNumber":"sec.142A","sectionType":"section","heading":null,"content":"### Section sec.142A\n\ns&#160;142A ins 2015 SL&#160;No.&#160;121 s&#160;18\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":155},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns&#160;143 amd 2015 SL&#160;No.&#160;121 s&#160;19\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":156},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns&#160;144 amd 2015 SL&#160;No.&#160;121 s&#160;20\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":157},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns&#160;145 amd 2015 SL&#160;No.&#160;121 s&#160;22\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":158},{"sectionNumber":"sec.145A","sectionType":"section","heading":null,"content":"### Section sec.145A\n\ns&#160;145A ins 2015 SL&#160;No.&#160;121 s&#160;23\nom 2021 SL&#160;No.&#160;71 s&#160;39","sortOrder":159},{"sectionNumber":"sch.3B-pt","sectionType":"part","heading":"Map A—Water management area zones for Comet, Nogoa Mackenzie and Theresa Retreat water management areas","content":"# Map A—Water management area zones for Comet, Nogoa Mackenzie and Theresa Retreat water management areas","sortOrder":160},{"sectionNumber":"sch.3B-pt-oc.2","sectionType":"part","heading":"Map B—Water management area zones for Dawson Valley water management area","content":"# Map B—Water management area zones for Dawson Valley water management area","sortOrder":161},{"sectionNumber":"sch.3B-pt-oc.3","sectionType":"part","heading":"Map C—Water management area zones for Fitzroy water management area","content":"# Map C—Water management area zones for Fitzroy water management area","sortOrder":162},{"sectionNumber":"sch.4-pt","sectionType":"part","heading":"Map A—Groundwater sub-areas and groundwater sub-area zones","content":"# Map A—Groundwater sub-areas and groundwater sub-area zones","sortOrder":163},{"sectionNumber":"sch.4-pt-oc.2","sectionType":"part","heading":"Map B—Isaac Connors Alluvium groundwater sub-area","content":"# Map B—Isaac Connors Alluvium groundwater sub-area","sortOrder":164},{"sectionNumber":"sch.4-pt-oc.3","sectionType":"part","heading":"Map C—Sandy Creek Alluvium groundwater sub-area","content":"# Map C—Sandy Creek Alluvium groundwater sub-area","sortOrder":165},{"sectionNumber":"sch.4B-pt","sectionType":"part","heading":"Map A—Water supply scheme zones for Callide Valley and Dawson Valley water supply schemes","content":"# Map A—Water supply scheme zones for Callide Valley and Dawson Valley water supply schemes","sortOrder":166},{"sectionNumber":"sch.4B-pt-oc.2","sectionType":"part","heading":"Map B—Water supply scheme zones for Fitzroy Barrage, Lower Fitzroy and Rookwood Weir water supply schemes","content":"# Map B—Water supply scheme zones for Fitzroy Barrage, Lower Fitzroy and Rookwood Weir water supply schemes","sortOrder":167},{"sectionNumber":"sch.4B-pt-oc.3","sectionType":"part","heading":"Map C—Water supply scheme zones for Nogoa Mackenzie water supply scheme","content":"# Map C—Water supply scheme zones for Nogoa Mackenzie water supply scheme","sortOrder":168},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Surface water node location","content":"# Surface water node location","sortOrder":169},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Groundwater node location","content":"# Groundwater node location","sortOrder":170},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Surface water node description","content":"# Surface water node description","sortOrder":171},{"sectionNumber":"sch.5-pt.4","sectionType":"part","heading":"Groundwater node description","content":"# Groundwater node description","sortOrder":172},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"Seasonal base flow objectives","content":"# Seasonal base flow objectives","sortOrder":173},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Medium to high flow objectives","content":"# Medium to high flow objectives","sortOrder":174},{"sectionNumber":"sch.6-sec","sectionType":"section","heading":"Table 2","content":"### sch.6-sec Table 2\n\nAt each node mentioned in table 2, column 1—\nthe mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 2; and\nthe median annual flow ratio in the simulation period, expressed as a percentage, is to be at least the percentage stated for the node in table 2, column 3; and\nthe annual proportional flow deviation is to be not more than the annual proportional flow deviation stated for the node in table 2, column 4; and\nthe mean wet season flow in the simulation period, expressed as a percentage of the mean wet season flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 5.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nNode\nMean annual flow\nMedian annual flow ratio\nAnnual proportional flow deviation\nMean wet season flow\n0\n77%\n58%\n2.5\n80%\n2\n65%\n48%\n3.1\nNot applicable\n3\n85%\n85%\n1.1\n6\n90%\n85%\n0.5\n8\n80%\n65%\n2\n9\n90%\n80%\n1.2\n9A\n90%\n85%\n1.2\n10\n70%\n50%\n3\n12\n80%\n54%\n2\n14\n90%\n75%\n1\nAt each node mentioned in table 3, column 1—\nthe 10% daily exceedance duration flow in the simulation period, expressed as a percentage of the 10% daily exceedance duration flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 2; and\nthe 4% daily exceedance duration flow in the simulation period, expressed as a percentage of the 4% daily exceedance duration flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 3; and\nthe 2 year daily flow volume in the simulation period, expressed as a percentage of the 2 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 4; and\nthe 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 5; and\nthe 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 6.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nColumn 6\nNode\n10% daily exceedance duration flow\n4% daily exceedance duration flow\n2 year daily flow volume\n5 year daily flow volume\n20 year daily flow volume\n0\n55%\n74%\n75%\n87%\n88%\n2\n45%\n53%\n55%\n69%\n80%\n3\n82%\n81%\n86%\n89%\n90%\n6\n81%\n81%\n91%\n97%\n98%\n8\n57%\n74%\n86%\n91%\n97%\n9\n80%\n82%\n80%\n94%\n92%\n9A\n83%\n87%\n74%\n94%\n90%\n10\n45%\n59%\n62%\n72%\n84%\n12\n45%\n61%\n60%\n78%\n98%\n14\n82%\n71%\n78%\n93%\n98%\n(sch.6-sec-ssec.1) At each node mentioned in table 2, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 2; and the median annual flow ratio in the simulation period, expressed as a percentage, is to be at least the percentage stated for the node in table 2, column 3; and the annual proportional flow deviation is to be not more than the annual proportional flow deviation stated for the node in table 2, column 4; and the mean wet season flow in the simulation period, expressed as a percentage of the mean wet season flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 5. Column 1 Column 2 Column 3 Column 4 Column 5 Node Mean annual flow Median annual flow ratio Annual proportional flow deviation Mean wet season flow 0 77% 58% 2.5 80% 2 65% 48% 3.1 Not applicable 3 85% 85% 1.1 6 90% 85% 0.5 8 80% 65% 2 9 90% 80% 1.2 9A 90% 85% 1.2 10 70% 50% 3 12 80% 54% 2 14 90% 75% 1\n(sch.6-sec-ssec.2) At each node mentioned in table 3, column 1— the 10% daily exceedance duration flow in the simulation period, expressed as a percentage of the 10% daily exceedance duration flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 2; and the 4% daily exceedance duration flow in the simulation period, expressed as a percentage of the 4% daily exceedance duration flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 3; and the 2 year daily flow volume in the simulation period, expressed as a percentage of the 2 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 4; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 5; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 6. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Node 10% daily exceedance duration flow 4% daily exceedance duration flow 2 year daily flow volume 5 year daily flow volume 20 year daily flow volume 0 55% 74% 75% 87% 88% 2 45% 53% 55% 69% 80% 3 82% 81% 86% 89% 90% 6 81% 81% 91% 97% 98% 8 57% 74% 86% 91% 97% 9 80% 82% 80% 94% 92% 9A 83% 87% 74% 94% 90% 10 45% 59% 62% 72% 84% 12 45% 61% 60% 78% 98% 14 82% 71% 78% 93% 98%\n- (a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 2; and\n- (b) the median annual flow ratio in the simulation period, expressed as a percentage, is to be at least the percentage stated for the node in table 2, column 3; and\n- (c) the annual proportional flow deviation is to be not more than the annual proportional flow deviation stated for the node in table 2, column 4; and\n- (d) the mean wet season flow in the simulation period, expressed as a percentage of the mean wet season flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 2, column 5.\n- (a) the 10% daily exceedance duration flow in the simulation period, expressed as a percentage of the 10% daily exceedance duration flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 2; and\n- (b) the 4% daily exceedance duration flow in the simulation period, expressed as a percentage of the 4% daily exceedance duration flow for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 3; and\n- (c) the 2 year daily flow volume in the simulation period, expressed as a percentage of the 2 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 4; and\n- (d) the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 5; and\n- (e) the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, is to be at least the percentage stated for the node in table 3, column 6.","sortOrder":175},{"sectionNumber":"sch.6-pt.3","sectionType":"part","heading":"First post-winter flow event objectives and performance indicators","content":"# First post-winter flow event objectives and performance indicators","sortOrder":176},{"sectionNumber":"sch.6-sec.1","sectionType":"section","heading":"Performance indicators","content":"### sch.6-sec.1 Performance indicators\n\nThe performance indicators for the first post-winter flow event objective are the following—\nthe number of first post-winter flow events in the simulation period expressed as a percentage of the number of post-winter flow years in the period;\nthe number of 5-week lag events in the simulation period, expressed as a percentage of the number of post-winter flow years in the period;\nthe number of 2-week lag events in the simulation period, expressed as a percentage of the number of 5-week lag events in the period;\nthe average of the volume ratios for the post-winter flow years in the simulation period;\nthe average of the peak flow ratios for the post-winter flow years in the simulation period;\nthe number of 2-times base flow events in the simulation period, expressed as a percentage of the number of post-winter flow years in the period;\nthe number of 5-times base flow events in the simulation period, expressed as a percentage of the number of post-winter flow years in the period.\n- (a) the number of first post-winter flow events in the simulation period expressed as a percentage of the number of post-winter flow years in the period;\n- (b) the number of 5-week lag events in the simulation period, expressed as a percentage of the number of post-winter flow years in the period;\n- (c) the number of 2-week lag events in the simulation period, expressed as a percentage of the number of 5-week lag events in the period;\n- (d) the average of the volume ratios for the post-winter flow years in the simulation period;\n- (e) the average of the peak flow ratios for the post-winter flow years in the simulation period;\n- (f) the number of 2-times base flow events in the simulation period, expressed as a percentage of the number of post-winter flow years in the period;\n- (g) the number of 5-times base flow events in the simulation period, expressed as a percentage of the number of post-winter flow years in the period.","sortOrder":177},{"sectionNumber":"sch.6-sec.2","sectionType":"section","heading":"First post-winter flow event objectives","content":"### sch.6-sec.2 First post-winter flow event objectives\n\nThe first post-winter flow event objectives are—\nfirst post-winter flow events that pass through dams, weirs, barrages, watercourses or lakes are to mimic the pre-development flow pattern of first post-winter flow events in duration, timing and magnitude; and\nfor each node mentioned in table 4, column 1—\nthe performance indicator mentioned in item 1(a) is to be at least the percentage stated for the node in table 4, column 2; and\nthe performance indicator mentioned in item 1(b) is to be at least the percentage stated for the node in table 4, column 3; and\nthe performance indicator mentioned in item 1(c) is to be at least the percentage stated for the node in table 4, column 4; and\nthe performance indicator mentioned in item 1(d) is to be at least the percentage stated for the node in table 4, column 5; and\nthe performance indicator mentioned in item 1(e) is to be at least the percentage stated for the node in table 4, column 6; and\nthe performance indicator mentioned in item 1(f) is to be at least the percentage stated for the node in table 4, column 7; and\nthe performance indicator mentioned in item 1(g) is to be at least the percentage stated for the node in table 4, column 8.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nColumn 6\nColumn 7\nColumn 8\nNode\nNumber of first post- winter flows\nNumber of flows within 5 weeks of the pre- develop- ment event\nNumber of flows within 2 weeks of the pre- develop- ment event\nAverage flow volume\nAverage peak flow\nFlow duration (2-times base flow)\nFlow duration (5-times base flow)\n0\n80%\n60%\n70%\n70%\nNot applicable\n70%\n70%\n2\n80%\n60%\n70%\nNot applicable\n60%\n60%\n60%\n3\n90%\n80%\n90%\nNot applicable\n80%\n90%\n90%\n6\n90%\n90%\n90%\nNot applicable\n90%\n90%\n90%\n8\n90%\n70%\n70%\nNot applicable\n80%\n80%\n80%\n9\n90%\n80%\n80%\nNot applicable\n80%\n80%\n70%\n9A\n90%\n90%\n90%\nNot applicable\n90%\n90%\n90%\n10\n70%\n50%\n70%\nNot applicable\n60%\n60%\n60%\n12\n90%\n80%\n80%\nNot applicable\n80%\n80%\n50%\n14\n90%\n80%\n80%\nNot applicable\n80%\n80%\n80%\n- (a) first post-winter flow events that pass through dams, weirs, barrages, watercourses or lakes are to mimic the pre-development flow pattern of first post-winter flow events in duration, timing and magnitude; and\n- (b) for each node mentioned in table 4, column 1— (i) the performance indicator mentioned in item 1(a) is to be at least the percentage stated for the node in table 4, column 2; and (ii) the performance indicator mentioned in item 1(b) is to be at least the percentage stated for the node in table 4, column 3; and (iii) the performance indicator mentioned in item 1(c) is to be at least the percentage stated for the node in table 4, column 4; and (iv) the performance indicator mentioned in item 1(d) is to be at least the percentage stated for the node in table 4, column 5; and (v) the performance indicator mentioned in item 1(e) is to be at least the percentage stated for the node in table 4, column 6; and (vi) the performance indicator mentioned in item 1(f) is to be at least the percentage stated for the node in table 4, column 7; and (vii) the performance indicator mentioned in item 1(g) is to be at least the percentage stated for the node in table 4, column 8.\n- (i) the performance indicator mentioned in item 1(a) is to be at least the percentage stated for the node in table 4, column 2; and\n- (ii) the performance indicator mentioned in item 1(b) is to be at least the percentage stated for the node in table 4, column 3; and\n- (iii) the performance indicator mentioned in item 1(c) is to be at least the percentage stated for the node in table 4, column 4; and\n- (iv) the performance indicator mentioned in item 1(d) is to be at least the percentage stated for the node in table 4, column 5; and\n- (v) the performance indicator mentioned in item 1(e) is to be at least the percentage stated for the node in table 4, column 6; and\n- (vi) the performance indicator mentioned in item 1(f) is to be at least the percentage stated for the node in table 4, column 7; and\n- (vii) the performance indicator mentioned in item 1(g) is to be at least the percentage stated for the node in table 4, column 8.\n- (i) the performance indicator mentioned in item 1(a) is to be at least the percentage stated for the node in table 4, column 2; and\n- (ii) the performance indicator mentioned in item 1(b) is to be at least the percentage stated for the node in table 4, column 3; and\n- (iii) the performance indicator mentioned in item 1(c) is to be at least the percentage stated for the node in table 4, column 4; and\n- (iv) the performance indicator mentioned in item 1(d) is to be at least the percentage stated for the node in table 4, column 5; and\n- (v) the performance indicator mentioned in item 1(e) is to be at least the percentage stated for the node in table 4, column 6; and\n- (vi) the performance indicator mentioned in item 1(f) is to be at least the percentage stated for the node in table 4, column 7; and\n- (vii) the performance indicator mentioned in item 1(g) is to be at least the percentage stated for the node in table 4, column 8.","sortOrder":178},{"sectionNumber":"sch.6-sec.3","sectionType":"section","heading":"Definitions for pt&#160;3","content":"### sch.6-sec.3 Definitions for pt&#160;3\n\nIn this part—\n2-times base flow event means a post-winter flow year in which the days of flow twice base flow are not more than 4 days fewer than the days of flow twice base flow in the year for the pre-development flow pattern.\n2-week lag event means a first post-winter flow event that starts within 2 weeks of the date the first post-winter flow event starts in the same year for the pre-development flow pattern.\n5-times base flow event means a post-winter flow year in which the days of flow 5-times base flow are not more than 4 days fewer than the days of flow 5-times base flow in the year for the pre-development flow pattern.\n5-week lag event means a first post-winter flow event that starts within 5 weeks of the date the first post-winter flow event starts in the same year for the pre-development flow pattern.\ndaily flow means the volume of water that flows past a node in a day.\ndays of flow 5-times base flow means the number of days in a first post-winter flow event on which the daily flow is at least 5 times the base flow.\ndays of flow twice base flow means the number of days in a first post-winter flow event on which the daily flow is at least twice the base flow.\nevent volume —\nEvent volume means the total daily flows for a first post-winter flow event.\nHowever, if the event volume calculated under paragraph 1 is greater than the volume of the estuary of the Fitzroy River, the event volume is the estuary volume.\nfirst peak flow —\nFirst peak flow means the daily flow on the first day in a first post-winter flow event on which the flow reaches a peak.\nHowever, if the first peak flow calculated under paragraph 1 is greater than the daily flow for a flow with a nominal depth of 3m (a 3-metre event ), the first peak flow is the daily flow for a 3-metre event.\nfirst post-winter flow event —\nFirst post-winter flow event , at a node, means the first flow in a year that—\nstarts between 15 September and 10 April in the year; and\neither—\nfor node 9A—lasts for 18 days; or\nfor another node—lasts for 21 days; or\nthe chief executive is satisfied meets the following criteria—\nfor node 0—\nthe flow at its start is at least 5,000ML a day; and\nthe event has an event volume greater than half the volume of the estuary of the Fitzroy River;\nfor another node—\nthe flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and\nthe first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\nif the flow starts in September, the water temperature is at least 24&#186;C;\nfor the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\nHowever, a first post-winter flow event does not include a flow that happens in a year in the simulation period for which a flow satisfying the requirements of paragraph 1 did not happen for the pre-development flow pattern.\npeak flow ratio means the first peak flow for a year expressed as a percentage of the first peak flow for the year for the pre-development flow pattern where the ratio is less than or equal to 1.\npost-winter flow year means a year in the simulation period in which a first post-winter flow event happens for the pre-development flow pattern.\nvolume ratio means the event volume for a year, expressed as a percentage of the event volume for the year for the pre-development flow pattern, where the ratio is less than or equal to 1.\nyear means a period of 12 months beginning on 1 July.\n- 1 Event volume means the total daily flows for a first post-winter flow event.\n- 2 However, if the event volume calculated under paragraph 1 is greater than the volume of the estuary of the Fitzroy River, the event volume is the estuary volume.\n- 1 First peak flow means the daily flow on the first day in a first post-winter flow event on which the flow reaches a peak.\n- 2 However, if the first peak flow calculated under paragraph 1 is greater than the daily flow for a flow with a nominal depth of 3m (a 3-metre event ), the first peak flow is the daily flow for a 3-metre event.\n- 1 First post-winter flow event , at a node, means the first flow in a year that— (a) starts between 15 September and 10 April in the year; and (b) either— (i) for node 9A—lasts for 18 days; or (ii) for another node—lasts for 21 days; or (c) the chief executive is satisfied meets the following criteria— (i) for node 0— (A) the flow at its start is at least 5,000ML a day; and (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River; (ii) for another node— (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event; (iii) if the flow starts in September, the water temperature is at least 24&#186;C; (iv) for the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\n- (a) starts between 15 September and 10 April in the year; and\n- (b) either— (i) for node 9A—lasts for 18 days; or (ii) for another node—lasts for 21 days; or\n- (i) for node 9A—lasts for 18 days; or\n- (ii) for another node—lasts for 21 days; or\n- (c) the chief executive is satisfied meets the following criteria— (i) for node 0— (A) the flow at its start is at least 5,000ML a day; and (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River; (ii) for another node— (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event; (iii) if the flow starts in September, the water temperature is at least 24&#186;C; (iv) for the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\n- (i) for node 0— (A) the flow at its start is at least 5,000ML a day; and (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (A) the flow at its start is at least 5,000ML a day; and\n- (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (ii) for another node— (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\n- (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and\n- (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\n- (iii) if the flow starts in September, the water temperature is at least 24&#186;C;\n- (iv) for the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\n- 2 However, a first post-winter flow event does not include a flow that happens in a year in the simulation period for which a flow satisfying the requirements of paragraph 1 did not happen for the pre-development flow pattern.\n- (a) starts between 15 September and 10 April in the year; and\n- (b) either— (i) for node 9A—lasts for 18 days; or (ii) for another node—lasts for 21 days; or\n- (i) for node 9A—lasts for 18 days; or\n- (ii) for another node—lasts for 21 days; or\n- (c) the chief executive is satisfied meets the following criteria— (i) for node 0— (A) the flow at its start is at least 5,000ML a day; and (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River; (ii) for another node— (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event; (iii) if the flow starts in September, the water temperature is at least 24&#186;C; (iv) for the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\n- (i) for node 0— (A) the flow at its start is at least 5,000ML a day; and (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (A) the flow at its start is at least 5,000ML a day; and\n- (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (ii) for another node— (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\n- (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and\n- (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\n- (iii) if the flow starts in September, the water temperature is at least 24&#186;C;\n- (iv) for the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\n- (i) for node 9A—lasts for 18 days; or\n- (ii) for another node—lasts for 21 days; or\n- (i) for node 0— (A) the flow at its start is at least 5,000ML a day; and (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (A) the flow at its start is at least 5,000ML a day; and\n- (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (ii) for another node— (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\n- (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and\n- (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;\n- (iii) if the flow starts in September, the water temperature is at least 24&#186;C;\n- (iv) for the duration of the event the flow, at the node, is greater than the base flow for the node mentioned in table 1, column 2.\n- (A) the flow at its start is at least 5,000ML a day; and\n- (B) the event has an event volume greater than half the volume of the estuary of the Fitzroy River;\n- (A) the flow, within 6 days after its start, is greater than a flow with a nominal depth of 1.5m; and\n- (B) the first peak in the flow that is greater than a flow with a nominal depth of 1.5m happens within 6 days after the start of the event;","sortOrder":179},{"sectionNumber":"sch.6-pt.4","sectionType":"part","heading":"Groundwater objectives","content":"# Groundwater objectives","sortOrder":180},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Supplemented water","content":"# Supplemented water","sortOrder":181},{"sectionNumber":"sch.7-sec.1","sectionType":"section","heading":"Callide Valley Water Supply Scheme","content":"### sch.7-sec.1 Callide Valley Water Supply Scheme\n\nFor water allocations in the high A priority group—\nthe annual supplemented water sharing index is to be at least 95%; and\nthe monthly supplemented water sharing index is to be at least 98%.\nFor water allocations in the high B priority group—the annual supplemented water sharing index is to be at least 90%.\nFor water allocations in the risk priority group—the annual supplemented water sharing index is to be at least 60%.\nFor water allocations in the medium priority group—the annual supplemented water sharing index is to be at least 65%.\n(sch.7-sec.1-ssec.1) For water allocations in the high A priority group— the annual supplemented water sharing index is to be at least 95%; and the monthly supplemented water sharing index is to be at least 98%.\n(sch.7-sec.1-ssec.2) For water allocations in the high B priority group—the annual supplemented water sharing index is to be at least 90%.\n(sch.7-sec.1-ssec.3) For water allocations in the risk priority group—the annual supplemented water sharing index is to be at least 60%.\n(sch.7-sec.1-ssec.4) For water allocations in the medium priority group—the annual supplemented water sharing index is to be at least 65%.\n- (a) the annual supplemented water sharing index is to be at least 95%; and\n- (b) the monthly supplemented water sharing index is to be at least 98%.","sortOrder":182},{"sectionNumber":"sch.7-sec.2","sectionType":"section","heading":"Dawson Valley Water Supply Scheme","content":"### sch.7-sec.2 Dawson Valley Water Supply Scheme\n\nFor water allocations in the high priority group—\nthe annual supplemented water sharing index is to be at least 95%; and\nthe monthly supplemented water sharing index is to be at least 98%.\nFor water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\nFor water allocations in the medium A priority group—the monthly supplemented water sharing index is to be at least 82%.\n(sch.7-sec.2-ssec.1) For water allocations in the high priority group— the annual supplemented water sharing index is to be at least 95%; and the monthly supplemented water sharing index is to be at least 98%.\n(sch.7-sec.2-ssec.2) For water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\n(sch.7-sec.2-ssec.3) For water allocations in the medium A priority group—the monthly supplemented water sharing index is to be at least 82%.\n- (a) the annual supplemented water sharing index is to be at least 95%; and\n- (b) the monthly supplemented water sharing index is to be at least 98%.","sortOrder":183},{"sectionNumber":"sch.7-sec.3","sectionType":"section","heading":"Lower Fitzroy Water Supply Scheme and Fitzroy Barrage Water Supply Scheme","content":"### sch.7-sec.3 Lower Fitzroy Water Supply Scheme and Fitzroy Barrage Water Supply Scheme\n\nFor water allocations in the high priority group—\nthe annual supplemented water sharing index is to be at least 94%; and\nthe monthly supplemented water sharing index is to be at least 98%.\nFor water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\n(sch.7-sec.3-ssec.1) For water allocations in the high priority group— the annual supplemented water sharing index is to be at least 94%; and the monthly supplemented water sharing index is to be at least 98%.\n(sch.7-sec.3-ssec.2) For water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\n- (a) the annual supplemented water sharing index is to be at least 94%; and\n- (b) the monthly supplemented water sharing index is to be at least 98%.","sortOrder":184},{"sectionNumber":"sch.7-sec.3A","sectionType":"section","heading":"Rookwood Weir Water Supply Scheme","content":"### sch.7-sec.3A Rookwood Weir Water Supply Scheme\n\nFor water allocations in the high priority group—\nthe annual supplemented water sharing index is to be at least 94%; and\nthe monthly supplemented water sharing index is to be at least 98%.\nFor water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\nsch&#160;7 s 3A ins 2021 SL&#160;No.&#160;71 s 47\namd 2022 SL&#160;No.&#160;119 s 3\n(sch.7-sec.3A-ssec.1) For water allocations in the high priority group— the annual supplemented water sharing index is to be at least 94%; and the monthly supplemented water sharing index is to be at least 98%.\n(sch.7-sec.3A-ssec.2) For water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\n- (a) the annual supplemented water sharing index is to be at least 94%; and\n- (b) the monthly supplemented water sharing index is to be at least 98%.","sortOrder":185},{"sectionNumber":"sch.7-sec.4","sectionType":"section","heading":"Nogoa Mackenzie Water Supply Scheme","content":"### sch.7-sec.4 Nogoa Mackenzie Water Supply Scheme\n\nFor water allocations in the high priority group—\nthe annual supplemented water sharing index is to be at least 95%; and\nthe monthly supplemented water sharing index is to be at least 98%.\nFor water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\n(sch.7-sec.4-ssec.1) For water allocations in the high priority group— the annual supplemented water sharing index is to be at least 95%; and the monthly supplemented water sharing index is to be at least 98%.\n(sch.7-sec.4-ssec.2) For water allocations in the medium priority group—the monthly supplemented water sharing index is to be at least 82%.\n- (a) the annual supplemented water sharing index is to be at least 95%; and\n- (b) the monthly supplemented water sharing index is to be at least 98%.","sortOrder":186},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Unsupplemented surface water","content":"# Unsupplemented surface water","sortOrder":187},{"sectionNumber":"sch.7-pt.3","sectionType":"part","heading":"Unsupplemented groundwater","content":"# Unsupplemented groundwater","sortOrder":188},{"sectionNumber":"sch.7-sec.5","sectionType":"section","heading":"Lower Callide groundwater sub-area","content":"### sch.7-sec.5 Lower Callide groundwater sub-area\n\nFor water allocations in the GW1A water allocation group— the annual volume probability is to be at least 95%; and\nFor water allocations in the GW1B water allocation group— the annual volume probability is to be at least 65%.\n(sch.7-sec.5-ssec.1) For water allocations in the GW1A water allocation group— the annual volume probability is to be at least 95%; and\n(sch.7-sec.5-ssec.2) For water allocations in the GW1B water allocation group— the annual volume probability is to be at least 65%.","sortOrder":189},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Strategic reserve for surface water that may be granted—water licence","content":"# Strategic reserve for surface water that may be granted—water licence","sortOrder":190},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Strategic reserve for groundwater that may be granted—water licence","content":"# Strategic reserve for groundwater that may be granted—water licence","sortOrder":191},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":"General reserve surface water that may be granted—water licence or water allocation","content":"# General reserve surface water that may be granted—water licence or water allocation","sortOrder":192},{"sectionNumber":"sch.8-pt.4","sectionType":"part","heading":"General reserve surface water that may be granted—water allocation","content":"# General reserve surface water that may be granted—water allocation","sortOrder":193},{"sectionNumber":"sch.8-pt.5","sectionType":"part","heading":"General reserve groundwater that may be granted—water licence","content":"# General reserve groundwater that may be granted—water licence","sortOrder":194}],"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":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The text records multiple amendments and omissions (eg annotated 'amd 2021', 'om 2021') and explicitly transitions allocations from the repealed plan into this plan (ss.86–87). It also prescribes specific modelling tools and approved alternatives (ss.24–25) and establishes new reserve categories and volumes (ss.38–47), indicating the plan’s scope and implementation mechanisms have been updated from earlier arrangements."},"complexity_factors":["Extensive technical modelling requirements (IQQM for surface water; Callide Valley groundwater model) and approved‑method fallback (ss.24–25)","Large set of numeric performance indicators and node‑specific targets across schedules (sch.6 tables)","Multiple reserve types and detailed allocation/release processes with cross‑references to other instruments (ss.38–48; schedules)","Detailed conversion rules for existing authorisations and many formulaic calculations for rates, daily and annual limits (ss.86–97, 100–107)","Significant administrative discretion vested in the chief executive to approve methods, impose conditions and decide volumes (ss.23, 24(3), 98)","Numerous cross‑references to schedules, resource operations plans, regulations and other Acts (throughout)","Differing rules for supplemented vs unsupplemented water and for surface vs groundwater, adding branching decision paths","Transition and exception clauses (eg conversion, historical entitlements, amendments/omissions) increasing interpretive burden"],"plain_english_summary":"This plan sets measurable environmental-flow and water-allocation security targets, prescribes the models and indicators used to test decisions, and divides unallocated water into strategic, infrastructure and general reserves with rules for release. It affects landowners, licence‑holders and infrastructure operators by imposing flow/volume limits, conversion rules and licence conditions, and places decision‑making and modelling discretion with the chief executive (see ss.16–25, 37–47, 86–97). Compliance costs fall on applicants and licence‑holders; administrative choices are made by the chief executive."},"kimi_summary":{"_metrics":{"completionTokens":672},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a comprehensive water resource management plan for the Fitzroy Basin. The numerous amendments appear to be technical updates and refinements rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to schedules, tables, and external documents (Schedules 6-11, Water Regulation 2002, Environmental Protection Act 1994)","Multiple nested conditional structures with exceptions (e.g., section 95 has 3 main branches with sub-branches and a 'however' override)","Technical hydrological terminology requiring specialist knowledge (base flow, exceedance duration flow, hyporheic zone, volumetric limits)","Detailed mathematical formulas for calculating water allocations (e.g., multiplying litres/second by 0.0864 to get megalitres)","Numerous defined terms in interpretation sections (e.g., 'simulated mean annual diversion', 'prescribed tenure holder')","Layered application rules distinguishing between supplemented/unsupplemented surface water and groundwater with different rules for each","Historical transition provisions dealing with repealed legislation and grandfathered rights","Computer program dependencies for decision-making (IQQM, Callide Valley groundwater program)","Multiple amendment references showing evolving regulatory framework (2013, 2014, 2015, 2016, 2021, 2022 amendments)"],"plain_english_summary":"This legislation is a **water management plan for the Fitzroy Basin in Queensland**, covering how surface water (rivers, creeks) and groundwater (underground water) are allocated and used.\n\n**What it does:**\n- Sets **environmental flow objectives** — rules to ensure enough water stays in rivers and creeks to protect fish, plants, and ecosystems. This includes maintaining base flows during dry times and specific flow patterns after winter.\n- Establishes **water allocation security objectives** — guarantees for water users about how reliably they can access their allocated water, with different rules for \"supplemented\" water (stored in dams/weirs) and \"unsupplemented\" water (taken directly from rivers).\n- Creates **strategies for managing water** including:\n  - How decisions about water must consider environmental and cultural impacts\n  - Rules for sharing water between different users\n  - How existing water licences are converted to new water allocations\n  - Restrictions on taking water from waterholes and lakes\n  - Controls on overland flow water (rainwater runoff)\n  - Special rules for groundwater in specific areas like the Callide Valley\n\n**Who it affects:**\n- Farmers and irrigators who take water for agriculture\n- Mining companies using water for operations\n- Town water suppliers\n- Traditional Owners with cultural interests in water\n- Anyone seeking a new water licence or dealing with an existing one\n\n**Why it matters:**\nThe plan tries to balance **economic development** (farming, mining, towns) with **environmental protection** (keeping rivers healthy) and **cultural values** (water important to Indigenous communities). It uses complex computer modelling (IQQM for surface water, Callide Valley program for groundwater) to test whether water decisions will harm the environment before they're approved."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan has materially changed from its 2011 original scope through significant amendments in 2014, 2015, and particularly 2021 (SL No. 71). The 2021 amendments removed a large number of provisions (sections 30–36, 49–50, 60–75, 83, and others), suggesting that operational detail originally in the plan itself was either relocated to the resource operations plan or water management protocol, or was simply removed. New sections were inserted in 2021 (sections 53, 54, 55) dealing with water licence applications and dealings, indicating an expanded regulatory role for the plan in controlling licence transactions. The net effect is a plan that is more skeletal in its operational detail than originally enacted, with greater reliance on subordinate instruments (the water management protocol in particular) — a narrowing of self-contained operational scope but a broadening of the gatekeeper role over water licence dealings."},"complexity_factors":["Multiple interlocking regulatory layers: the plan itself operates beneath the Water Act 2000 (Qld) and cross-references numerous other instruments (Water Regulation 2016, resource operations plans, water management protocols, Environmental Protection Act 1994)","Dual water systems governed simultaneously: separate rules and computer models for surface water versus groundwater, with numerous sub-categories within each","Highly technical performance indicators requiring specialist hydrological knowledge (e.g., 'median annual flow ratio', '4% daily exceedance duration flow', 'drawdown duration', 'hyporheic zone')","Numerous geographic sub-areas with different rules: Upper Callide, Lower Callide, Prospect Creek, Isaac Connors Groundwater Unit 1, Braeside Borefield, and multiple named river reaches with precise AMTD (Along Main Track Distance) measurements","Three-tier unallocated water reserve structure with different access rules, purposes and release processes for each tier","Multiple schedule cross-references (schedules 6, 7, 8, 10, 11) that are essential for applying the plan but not included in this excerpt","Complex mathematical conversion formulas for transitioning old licences (e.g., rate × 1.3 for maximum rate; rate × 0.0864 for daily volumetric limit)","Significant amendment history (2014, 2015, 2021 amendments omitting or substituting numerous sections), making it difficult to identify what provisions are currently operative","Discretionary decision-making framework: many provisions set factors the chief executive 'must consider' without prescribing outcomes, creating uncertainty for users","Interplay between supplemented water (from dams/infrastructure) and unsupplemented water (natural flows) with entirely different security objectives, sharing rules and allocation change rules"],"plain_english_summary":"The Fitzroy Basin Water Plan 2011 is Queensland’s legally binding framework for managing water across one of Australia’s largest catchments. It sets environmental flow and allocation-security objectives, allocates unassigned water, and controls who can take water and under what conditions.\n\nIt affects farmers, miners, towns, Indigenous communities and businesses in the Fitzroy Basin by determining how much water users can rely on, protecting river and groundwater health, and balancing economic use with long‑term ecological and cultural values."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-fitzroy-basin-2011","history":"/api/acts/water-plan-fitzroy-basin-2011/history","analysis":"/api/acts/water-plan-fitzroy-basin-2011/analysis","conflicts":"/api/acts/water-plan-fitzroy-basin-2011/conflicts","importantCases":"/api/acts/water-plan-fitzroy-basin-2011/important-cases","documents":"/api/acts/water-plan-fitzroy-basin-2011/documents"}}