{"id":"qld:sl-2007-0268","name":"Water Plan (Gulf) 2007","slug":"water-plan-gulf-2007","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"268 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175843,"registerId":"qld-qld:sl-2007-0268-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":"sec.17","sectionType":"section","heading":"Performance indicators for environmental flow objectives","content":"### sec.17 Performance indicators for environmental flow objectives\n\nThe performance indicators for the environmental flow objectives are—\nfor assessing periods of low flow at a node—\nthe number of periods of no flow of more than 1 month but less than 6 months; and\nthe number of periods of no flow of 6 months or more; and\nthe proportion of no flow days; and\nmedian non-zero daily flow; and\nfor assessing periods of medium to high flow at a node—\nmean annual flow; and\nmedian annual flow; and\n10% daily flow; and\n1.5 year daily flow volume; and\n5 year daily flow volume; and\n20 year daily flow volume; and\nfor assessing periods of wet season flow at a node—median wet season flow.\ns&#160;17 amd 2015 SL&#160;No.&#160;99 s&#160;7\n- (a) for assessing periods of low flow at a node— (i) the number of periods of no flow of more than 1 month but less than 6 months; and (ii) the number of periods of no flow of 6 months or more; and (iii) the proportion of no flow days; and (iv) median non-zero daily flow; and\n- (i) the number of periods of no flow of more than 1 month but less than 6 months; and\n- (ii) the number of periods of no flow of 6 months or more; and\n- (iii) the proportion of no flow days; and\n- (iv) median non-zero daily flow; and\n- (b) for assessing periods of medium to high flow at a node— (i) mean annual flow; and (ii) median annual flow; and (iii) 10% daily flow; and (iv) 1.5 year daily flow volume; and (v) 5 year daily flow volume; and (vi) 20 year daily flow volume; and\n- (i) mean annual flow; and\n- (ii) median annual flow; and\n- (iii) 10% daily flow; and\n- (iv) 1.5 year daily flow volume; and\n- (v) 5 year daily flow volume; and\n- (vi) 20 year daily flow volume; and\n- (c) for assessing periods of wet season flow at a node—median wet season flow.\n- (i) the number of periods of no flow of more than 1 month but less than 6 months; and\n- (ii) the number of periods of no flow of 6 months or more; and\n- (iii) the proportion of no flow days; and\n- (iv) median non-zero daily flow; and\n- (i) mean annual flow; and\n- (ii) median annual flow; and\n- (iii) 10% daily flow; and\n- (iv) 1.5 year daily flow volume; and\n- (v) 5 year daily flow volume; and\n- (vi) 20 year daily flow volume; and","sortOrder":1},{"sectionNumber":"sec.18","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.18 Environmental flow objectives\n\nThe environmental flow objectives for surface water in the plan area are stated in schedule&#160;5 .\ns&#160;18 amd 2015 SL&#160;No.&#160;99 s&#160;8","sortOrder":2},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Water allocation security objectives","content":"# Water allocation security objectives","sortOrder":3},{"sectionNumber":"sec.19","sectionType":"section","heading":"Performance indicators for water allocation security objectives","content":"### sec.19 Performance indicators for water allocation security objectives\n\nThe performance indicators for the water allocation security objectives for taking supplemented surface water are—\nannual supplemented water sharing index; and\nmonthly supplemented water sharing index.\n- (a) annual supplemented water sharing index; and\n- (b) monthly supplemented water sharing index.","sortOrder":4},{"sectionNumber":"sec.20","sectionType":"section","heading":"Water allocation security objectives","content":"### sec.20 Water allocation security objectives\n\nThe water allocation security objectives for supplemented surface water in the Upper Leichhardt River subcatchment area are stated in schedule&#160;6 .","sortOrder":5},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Strategies for both surface water and groundwater","content":"# Strategies for both surface water and groundwater","sortOrder":6},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":7},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application of pt&#160;1","content":"### sec.21 Application of pt&#160;1\n\nThis part applies to both surface water and groundwater.","sortOrder":8},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns&#160;22 om 2014 SL&#160;No.&#160;142 s&#160;114","sortOrder":9},{"sectionNumber":"sec.23","sectionType":"section","heading":"Matters to be considered for environmental management rules","content":"### sec.23 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 must 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 and zero flows;\nthe replenishment of refuge pools that enable movement of instream biota;\ngroundwater flows;\nthe contributions from aquifers to the flow of water in watercourses;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\nthe impact the taking of, or proposed taking of, or interfering with, water may have on the following—\nwater quality;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nthe inundation of habitats;\nthe movement of fish and other aquatic animals;\nthe recreation and aesthetic values of the plan area;\ncultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\n(sec.23-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive must 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 and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n(sec.23-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\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 and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; 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 and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) groundwater flows;\n- (vi) the contributions from aquifers to the flow of water in watercourses;\n- (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) the inundation of habitats; (v) the movement of fish and other aquatic animals; (vi) the recreation and aesthetic values of the plan area; (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) the inundation of habitats;\n- (v) the movement of fish and other aquatic animals;\n- (vi) the recreation and aesthetic values of the plan area;\n- (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\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 and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) groundwater flows;\n- (vi) the contributions from aquifers to the flow of water in watercourses;\n- (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) the inundation of habitats;\n- (v) the movement of fish and other aquatic animals;\n- (vi) the recreation and aesthetic values of the plan area;\n- (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.","sortOrder":10},{"sectionNumber":"sec.24","sectionType":"section","heading":"Matters to be considered for water sharing rules","content":"### sec.24 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 must consider—\nfor rules relating to supplemented surface water—\nany existing water sharing rules; and\nthe extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\nthe frequency, duration, magnitude and timing of limited water availability; and\nfor rules relating to unsupplemented surface water or groundwater—\nany existing water sharing arrangements; and\nthe local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and\nthe conditions for taking water decided under section&#160;75 ; and\nthe daily volumetric limits decided under section&#160;73 ; and\nthe annual volumetric limits decided under section&#160;74 or 87 ; and\nthe impact on authorisations to take water in the plan area; and\nfor rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\ns&#160;24 amd 2014 SL&#160;No.&#160;142 s&#160;115\n(sec.24-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 must consider— for rules relating to supplemented surface water— any existing water sharing rules; and the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and the frequency, duration, magnitude and timing of limited water availability; and for rules relating to unsupplemented surface water or groundwater— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and the conditions for taking water decided under section&#160;75 ; and the daily volumetric limits decided under section&#160;73 ; and the annual volumetric limits decided under section&#160;74 or 87 ; and the impact on authorisations to take water in the plan area; and for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.\n(sec.24-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n- (a) for rules relating to supplemented surface water— (i) any existing water sharing rules; and (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and (iii) the frequency, duration, magnitude and timing of limited water availability; and\n- (i) any existing water sharing rules; and\n- (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\n- (iii) the frequency, duration, magnitude and timing of limited water availability; and\n- (b) for rules relating to unsupplemented surface water or groundwater— (i) any existing water sharing arrangements; and (ii) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and (iii) the conditions for taking water decided under section&#160;75 ; and (iv) the daily volumetric limits decided under section&#160;73 ; and (v) the annual volumetric limits decided under section&#160;74 or 87 ; and (vi) the impact on authorisations to take water in the plan area; and (vii) for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.\n- (i) any existing water sharing arrangements; and\n- (ii) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and\n- (iii) the conditions for taking water decided under section&#160;75 ; and\n- (iv) the daily volumetric limits decided under section&#160;73 ; and\n- (v) the annual volumetric limits decided under section&#160;74 or 87 ; and\n- (vi) the impact on authorisations to take water in the plan area; and\n- (vii) for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.\n- (i) any existing water sharing rules; and\n- (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\n- (iii) the frequency, duration, magnitude and timing of limited water availability; and\n- (i) any existing water sharing arrangements; and\n- (ii) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and\n- (iii) the conditions for taking water decided under section&#160;75 ; and\n- (iv) the daily volumetric limits decided under section&#160;73 ; and\n- (v) the annual volumetric limits decided under section&#160;74 or 87 ; and\n- (vi) the impact on authorisations to take water in the plan area; and\n- (vii) for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.","sortOrder":11},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":12},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns&#160;25 om 2014 SL&#160;No.&#160;142 s&#160;116","sortOrder":13},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns&#160;26 om 2014 SL&#160;No.&#160;142 s&#160;116","sortOrder":14},{"sectionNumber":"sec.27","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.27 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 under 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 under 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":15},{"sectionNumber":"sec.28","sectionType":"section","heading":"Particular unallocated water held as indigenous, strategic or general reserve","content":"### sec.28 Particular unallocated water held as indigenous, strategic or general reserve\n\nUnallocated water in the plan area is held as—\nfor the Morning Inlet, Settlement Creek and Staaten River catchment areas—an indigenous reserve or a strategic reserve; or\nfor the Flinders River catchment, Gilbert River catchment and Gregory River subcatchment areas—an indigenous reserve, a strategic reserve or a general reserve; or\nfor any other area—a strategic reserve or a general reserve.\ns&#160;28 sub 2011 Act&#160;No.&#160;40 s&#160;102 ; 2015 SL&#160;No.&#160;99 s&#160;10\n- (a) for the Morning Inlet, Settlement Creek and Staaten River catchment areas—an indigenous reserve or a strategic reserve; or\n- (b) for the Flinders River catchment, Gilbert River catchment and Gregory River subcatchment areas—an indigenous reserve, a strategic reserve or a general reserve; or\n- (c) for any other area—a strategic reserve or a general reserve.","sortOrder":16},{"sectionNumber":"sec.29","sectionType":"section","heading":"Granting unallocated water","content":"### sec.29 Granting unallocated water\n\nThe process for granting unallocated water is a process stated in the Water Regulation 2016 , part&#160;2 , division&#160;2 , subdivision&#160;2 .\ns&#160;29 sub 2015 SL&#160;No.&#160;99 s&#160;10\namd 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":17},{"sectionNumber":"sec.30","sectionType":"section","heading":"Preparing and implementing process for granting unallocated water generally","content":"### sec.30 Preparing and implementing process for granting unallocated water generally\n\nIn preparing and implementing the process, the chief executive must consider the following—\nthe purpose for which the water is required;\nthe efficiency of existing and proposed water use practices;\nthe extent to which water in the plan area is being taken under authorisations;\nthe availability of an alternative water supply for the purpose for which the water is required;\nthe impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;\nwhether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\nthe matters mentioned in section&#160;23 (1) (a) and (b) .\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\ns&#160;30 amd 2015 SL&#160;No.&#160;99 s&#160;11\n(sec.30-ssec.1) In preparing and implementing the process, the chief executive must consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water in the plan area is being taken under authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section&#160;23 (1) (a) and (b) .\n(sec.30-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n- (a) the purpose for which the water is required;\n- (b) the efficiency of existing and proposed water use practices;\n- (c) the extent to which water in the plan area is being taken under authorisations;\n- (d) the availability of an alternative water supply for the purpose for which the water is required;\n- (e) the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;\n- (f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\n- (g) the matters mentioned in section&#160;23 (1) (a) and (b) .","sortOrder":18},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns&#160;31 om 2014 SL&#160;No.&#160;142 s&#160;117","sortOrder":19},{"sectionNumber":"sec.32","sectionType":"section","heading":"Purpose for which indigenous unallocated water may be granted","content":"### sec.32 Purpose for which indigenous unallocated water may be granted\n\nUnallocated water held as an indigenous reserve ( indigenous unallocated water ) may be granted only for helping indigenous communities in the Cape York Peninsula Region area, Flinders River catchment area, Gilbert River catchment area, Morning Inlet catchment area, Settlement Creek catchment area, Staaten River catchment area or the Gregory River subcatchment area to achieve their economic and social aspirations.\ns&#160;32 amd 2011 Act&#160;No.&#160;40 s&#160;103 ; 2014 Act&#160;No.&#160;40 s&#160;154 sch&#160;1 pt&#160;3 ; 2015 SL&#160;No.&#160;99 s&#160;12","sortOrder":20},{"sectionNumber":"sec.33","sectionType":"section","heading":"Volumetric limits for indigenous unallocated water","content":"### sec.33 Volumetric limits for indigenous unallocated water\n\nThe total of the annual volumetric limits for all water entitlements to take indigenous unallocated water from each area mentioned in schedule&#160;6A , column 1, is stated opposite the area in column 2 of the schedule.\ns&#160;33 amd 2011 Act&#160;No.&#160;40 s&#160;104 ; 2015 SL&#160;No.&#160;99 s&#160;13","sortOrder":21},{"sectionNumber":"sec.34","sectionType":"section","heading":"When strategic unallocated water may be granted","content":"### sec.34 When strategic unallocated water may be granted\n\nUnallocated water held as a strategic reserve ( strategic unallocated water ) may be granted only if it is to be taken—\nfrom Lake Mary Kathleen, for any purpose; or\nfor a State purpose.\ns&#160;34 amd 2015 SL&#160;No.&#160;99 s&#160;14\n- (a) from Lake Mary Kathleen, for any purpose; or\n- (b) for a State purpose.","sortOrder":22},{"sectionNumber":"sec.35","sectionType":"section","heading":"Volumetric limits for strategic unallocated water in Lake Mary Kathleen","content":"### sec.35 Volumetric limits for strategic unallocated water in Lake Mary Kathleen\n\nThe total of the annual volumetric limits for all water entitlements to take strategic unallocated water from Lake Mary Kathleen is stated in schedule&#160;7 , part&#160;1 , column 2.\ns&#160;35 sub 2015 SL&#160;No.&#160;99 s&#160;15","sortOrder":23},{"sectionNumber":"sec.36","sectionType":"section","heading":"Volumetric limits for strategic unallocated water granted for State purpose","content":"### sec.36 Volumetric limits for strategic unallocated water granted for State purpose\n\nThe total of the annual volumetric limits for all water entitlements to take strategic unallocated water for a State purpose in a catchment area or subcatchment area mentioned in schedule&#160;7 , part&#160;2 , column 1, is stated opposite the area in schedule&#160;7 , part&#160;2 , column 2.\ns&#160;36 amd 2015 SL&#160;No.&#160;99 s&#160;16","sortOrder":24},{"sectionNumber":"sec.37","sectionType":"section","heading":"Period for which strategic unallocated water is granted for particular State purpose","content":"### sec.37 Period for which strategic unallocated water is granted for particular State purpose\n\nThis section applies to water entitlements to take strategic unallocated water 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;37 amd 2015 SL&#160;No.&#160;99 s&#160;17\n(sec.37-ssec.1) This section applies to water entitlements to take strategic unallocated water for either of the following State purposes— a coordinated project; a project of regional significance.\n(sec.37-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n- (a) a coordinated project;\n- (b) a project of regional significance.","sortOrder":25},{"sectionNumber":"sec.38","sectionType":"section","heading":"Purpose for which general unallocated water may be granted","content":"### sec.38 Purpose for which general unallocated water may be granted\n\nUnallocated water held as a general reserve ( general unallocated water ) may be granted for any purpose.","sortOrder":26},{"sectionNumber":"sec.39","sectionType":"section","heading":"Volumetric limits for general unallocated water","content":"### sec.39 Volumetric limits for general unallocated water\n\nThe total of the annual volumetric limits for all water entitlements to take general unallocated water from a catchment area or subcatchment area mentioned in schedule&#160;8 , column 1, is stated opposite the area in schedule&#160;8 , column 2.\ns&#160;39 amd 2015 SL&#160;No.&#160;99 s&#160;18","sortOrder":27},{"sectionNumber":"sec.39A","sectionType":"section","heading":"Condition for general unallocated water in Flinders and Gilbert River catchments","content":"### sec.39A Condition for general unallocated water in Flinders and Gilbert River catchments\n\nWater entitlements granted from the general reserve in the Flinders River and Gilbert River catchment areas must include—\nat least 1 pass flow condition; and\na condition stating the transfer of water under the entitlement must be done in accordance with the group B water transfer rules.\ns&#160;39A ins 2015 SL&#160;No.&#160;99 s&#160;19\n- (a) at least 1 pass flow condition; and\n- (b) a condition stating the transfer of water under the entitlement must be done in accordance with the group B water transfer rules.","sortOrder":28},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Additional strategies for surface water","content":"# Additional strategies for surface water","sortOrder":29},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":30},{"sectionNumber":"sec.40","sectionType":"section","heading":"Application of pt&#160;2","content":"### sec.40 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":31},{"sectionNumber":"sec.41","sectionType":"section","heading":"Decisions consistent with objectives","content":"### sec.41 Decisions consistent with objectives\n\nDecisions about the allocation or management of surface water, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives; and\nthe water allocation security objectives.\n- (a) the environmental flow objectives; and\n- (b) the water allocation security objectives.","sortOrder":32},{"sectionNumber":"sec.42","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.42 Assessing impact of decisions\n\nThe prescribed assessment computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.\nIf it is not practicable to use the prescribed assessment 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 prescribed assessment computer program.\ns&#160;42 amd 2015 SL&#160;No.&#160;99 s&#160;20\n(sec.42-ssec.1) The prescribed assessment computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.\n(sec.42-ssec.2) If it is not practicable to use the prescribed assessment computer program, another assessment method approved by the chief executive may be used.\n(sec.42-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 prescribed assessment computer program.","sortOrder":33},{"sectionNumber":"sec.43","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.43 Limitations on interference with water\n\nThis section applies to an application, made under section&#160;206 of the Act , for a water licence to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water.\nThe application may be granted only if the purpose of the proposed interference or increase in interference is—\nto store water for stock or domestic purposes; or\nto provide a pumping pool to enable water to be taken under an authorisation; or\nto store water for a purpose not related to the taking of water under a water entitlement; or\ncommunity landscaping or retaining water for flood mitigation purposes\nrelated to the granting of unallocated water under the process stated in the Water Regulation 2016 , part&#160;2 , division&#160;2 , subdivision&#160;2 ; or\nto provide improved security for town water supplies.\nAlso, the application may be granted only if—\nthe chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection&#160;(2) ; and\nthe proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to—\nthe impact the proposed interference or increase in interference may have on the following—\ninstream water levels;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nriparian vegetation;\nhabitat for native plants and animals;\nmovement of fish and other aquatic species;\ncultural and ecological values of the watercourse, waterhole, lake or spring; and\nfor a purpose mentioned in subsection&#160;(2) (a) —\nexisting water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\nthe availability of water at the proposed storage site; and\nfor a purpose mentioned in subsection&#160;(2) (e) —\nthe chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and\nthere is a demonstrated need for an increased reliability of the water supply.\nHowever, the application must not be granted if the application is for a proposed interference or increase in interference for a purpose mentioned in subsection&#160;(2) (b) or (c) and the proposed storage capacity is greater than—\nfor a purpose mentioned in subsection&#160;(2) (b) —10ML; or\nfor a purpose mentioned in subsection&#160;(2) (c) —250ML.\nIf the application is for a Flinders River or Gilbert River catchment area general reserve related water licence and the application is granted, the water licence must include at least 1 pass flow condition.\nIn this section—\nFlinders River or Gilbert River catchment area general reserve related water licence means a water licence to interfere with water that is related to a water entitlement to take unallocated water from the general reserve in the Flinders River or Gilbert River catchment areas.\npumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\ns&#160;43 amd 2015 SL&#160;No.&#160;99 s&#160;21 ; 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20\n(sec.43-ssec.1) This section applies to an application, made under section&#160;206 of the Act , for a water licence to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water.\n(sec.43-ssec.2) The application may be granted only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation; or to store water for a purpose not related to the taking of water under a water entitlement; or community landscaping or retaining water for flood mitigation purposes related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part&#160;2 , division&#160;2 , subdivision&#160;2 ; or to provide improved security for town water supplies.\n(sec.43-ssec.3) Also, the application may be granted only if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection&#160;(2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection&#160;(2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site; and for a purpose mentioned in subsection&#160;(2) (e) — the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and there is a demonstrated need for an increased reliability of the water supply.\n(sec.43-ssec.4) However, the application must not be granted if the application is for a proposed interference or increase in interference for a purpose mentioned in subsection&#160;(2) (b) or (c) and the proposed storage capacity is greater than— for a purpose mentioned in subsection&#160;(2) (b) —10ML; or for a purpose mentioned in subsection&#160;(2) (c) —250ML.\n(sec.43-ssec.5) If the application is for a Flinders River or Gilbert River catchment area general reserve related water licence and the application is granted, the water licence must include at least 1 pass flow condition.\n(sec.43-ssec.6) In this section— Flinders River or Gilbert River catchment area general reserve related water licence means a water licence to interfere with water that is related to a water entitlement to take unallocated water from the general reserve in the Flinders River or Gilbert River catchment areas. pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n- (a) to store water for stock or domestic purposes; or\n- (b) to provide a pumping pool to enable water to be taken under an authorisation; or\n- (c) to store water for a purpose not related to the taking of water under a water entitlement; or Examples of a purpose for subsection&#160;(2) (c) — community landscaping or retaining water for flood mitigation purposes\n- (d) related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part&#160;2 , division&#160;2 , subdivision&#160;2 ; or\n- (e) to provide improved security for town water supplies.\n- (a) the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection&#160;(2) ; and\n- (b) the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and (ii) for a purpose mentioned in subsection&#160;(2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site; and\n- (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of a watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitat for native plants and animals;\n- (F) movement of fish and other aquatic species;\n- (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (ii) for a purpose mentioned in subsection&#160;(2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site; and\n- (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\n- (B) the availability of water at the proposed storage site; and\n- (c) for a purpose mentioned in subsection&#160;(2) (e) — (i) the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and (ii) there is a demonstrated need for an increased reliability of the water supply.\n- (i) the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and\n- (ii) there is a demonstrated need for an increased reliability of the water supply.\n- (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of a watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitat for native plants and animals;\n- (F) movement of fish and other aquatic species;\n- (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (ii) for a purpose mentioned in subsection&#160;(2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site; and\n- (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\n- (B) the availability of water at the proposed storage site; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of a watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitat for native plants and animals;\n- (F) movement of fish and other aquatic species;\n- (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\n- (B) the availability of water at the proposed storage site; and\n- (i) the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and\n- (ii) there is a demonstrated need for an increased reliability of the water supply.\n- (a) for a purpose mentioned in subsection&#160;(2) (b) —10ML; or\n- (b) for a purpose mentioned in subsection&#160;(2) (c) —250ML.","sortOrder":34},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Strategies for supplemented surface water only","content":"## Strategies for supplemented surface water only","sortOrder":35},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns&#160;44 om 2014 SL&#160;No.&#160;142 s&#160;119","sortOrder":36},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns&#160;45 om 2014 SL&#160;No.&#160;142 s&#160;119","sortOrder":37},{"sectionNumber":"sec.46","sectionType":"section","heading":"Matters to be considered for infrastructure operating rules","content":"### sec.46 Matters to be considered for infrastructure operating rules\n\nIn deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure for supplemented surface water, the chief executive must consider—\nthe impact of the infrastructure’s operation on the following—\ninstream water levels;\nbed and banks of watercourses;\nriparian vegetation; and\nthe extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and\nthe impact of the transfer of water between watercourses; and\nthe likelihood of fish deaths caused by the operation of the infrastructure; and\nthe matters mentioned in section&#160;23 (1) (a) and (b) .\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\ns&#160;46 amd 2014 SL&#160;No.&#160;142 s&#160;120\n(sec.46-ssec.1) In deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure for supplemented surface water, the chief executive must consider— the impact of the infrastructure’s operation on the following— instream water levels; bed and banks of watercourses; riparian vegetation; and the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the matters mentioned in section&#160;23 (1) (a) and (b) .\n(sec.46-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n- (a) the impact of the infrastructure’s operation on the following— (i) instream water levels; (ii) bed and banks of watercourses; (iii) riparian vegetation; and\n- (i) instream water levels;\n- (ii) bed and banks of watercourses;\n- (iii) riparian vegetation; and\n- (b) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and\n- (c) the impact of the transfer of water between watercourses; and\n- (d) the likelihood of fish deaths caused by the operation of the infrastructure; and\n- (e) the matters mentioned in section&#160;23 (1) (a) and (b) .\n- (i) instream water levels;\n- (ii) bed and banks of watercourses;\n- (iii) riparian vegetation; and","sortOrder":38},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns&#160;47 om 2014 SL&#160;No.&#160;142 s&#160;121","sortOrder":39},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns&#160;48 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":40},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns&#160;49 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":41},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns&#160;50 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":42},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns&#160;51 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":43},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns&#160;52 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":44},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns&#160;53 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":45},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns&#160;54 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":46},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns&#160;55 om 2014 SL&#160;No.&#160;142 s&#160;122","sortOrder":47},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Strategies for unsupplemented surface water only","content":"## Strategies for unsupplemented surface water only","sortOrder":48},{"sectionNumber":"sec.56","sectionType":"section","heading":"Taking water for stock or domestic purposes","content":"### sec.56 Taking water for stock or domestic purposes\n\nFor section&#160;20A (5) of the Act , an owner of land may take water, in any way, from a watercourse (other than a part of a watercourse used for distribution of water by a scheme licence holder), lake or spring in the plan area for stock or domestic purposes.\nMaps of the parts of watercourses used for distribution of water by a scheme licence holder (supplemented zones) are included in the resource operations plan (attachment 3) which is available on the department’s website.\nIn this section—\nscheme licence holder means—\nthe holder of a resource operations licence for the Julius Dam Water Supply Scheme; or\nthe holder of a resource operations licence for the Moondarra Dam Water Supply Scheme; or\nthe holder of a distribution operations licence for the Julius Dam and Moondarra Dam water supply schemes.\ns&#160;56 prev s&#160;56 om 2014 SL&#160;No.&#160;142 s&#160;122\npres s&#160;56 ins 2015 SL&#160;No.&#160;99 s&#160;22\n(sec.56-ssec.1) For section&#160;20A (5) of the Act , an owner of land may take water, in any way, from a watercourse (other than a part of a watercourse used for distribution of water by a scheme licence holder), lake or spring in the plan area for stock or domestic purposes. Maps of the parts of watercourses used for distribution of water by a scheme licence holder (supplemented zones) are included in the resource operations plan (attachment 3) which is available on the department’s website.\n(sec.56-ssec.2) In this section— scheme licence holder means— the holder of a resource operations licence for the Julius Dam Water Supply Scheme; or the holder of a resource operations licence for the Moondarra Dam Water Supply Scheme; or the holder of a distribution operations licence for the Julius Dam and Moondarra Dam water supply schemes.\n- (a) the holder of a resource operations licence for the Julius Dam Water Supply Scheme; or\n- (b) the holder of a resource operations licence for the Moondarra Dam Water Supply Scheme; or\n- (c) the holder of a distribution operations licence for the Julius Dam and Moondarra Dam water supply schemes.","sortOrder":49},{"sectionNumber":"sec.57","sectionType":"section","heading":"Restrictions on taking water from waterhole or lake","content":"### sec.57 Restrictions on taking water from waterhole or lake\n\nThis section applies to the chief executive in making a decision about a water licence to take unsupplemented surface water from a waterhole or lake.\nThe 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 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 an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.\n(sec.57-ssec.1) This section applies to the chief executive in making a decision about a water licence to take unsupplemented surface water from a waterhole or lake.\n(sec.57-ssec.2) 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 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.57-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 an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.\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 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 an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.","sortOrder":50},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of sdiv&#160;2","content":"### sec.58 Application of sdiv&#160;2\n\nThis subdivision applies to groundwater declared to be water in a watercourse under section&#160;8 ( declared water ).","sortOrder":51},{"sectionNumber":"sec.59","sectionType":"section","heading":"Existing water licences for declared water","content":"### sec.59 Existing water licences for declared water\n\nThis section applies to an existing water licence to take declared water.\nAt the commencement of this plan, the licence is taken to be a water licence to take unsupplemented surface water.\nThe chief executive must amend the licence to ensure it is consistent with the requirements, under subdivision&#160;4 , applying to water licences to take unsupplemented surface water.\n(sec.59-ssec.1) This section applies to an existing water licence to take declared water.\n(sec.59-ssec.2) At the commencement of this plan, the licence is taken to be a water licence to take unsupplemented surface water.\n(sec.59-ssec.3) The chief executive must amend the licence to ensure it is consistent with the requirements, under subdivision&#160;4 , applying to water licences to take unsupplemented surface water.","sortOrder":52},{"sectionNumber":"sec.60","sectionType":"section","heading":"Taking declared water using existing water bores authorised","content":"### sec.60 Taking declared water using existing water bores authorised\n\nThis section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water.\nThe owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water—\nafter the notice is given; and\nuntil the owner is granted a water licence under section&#160;61 .\nSubsections&#160;(2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner.\nIn this section—\nrelevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.\n(sec.60-ssec.1) This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water.\n(sec.60-ssec.2) The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan.\n(sec.60-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section&#160;61 .\n(sec.60-ssec.4) Subsections&#160;(2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner.\n(sec.60-ssec.5) In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.\n- (a) after the notice is given; and\n- (b) until the owner is granted a water licence under section&#160;61 .","sortOrder":53},{"sectionNumber":"sec.61","sectionType":"section","heading":"Granting water licences for authorities under s&#160;60","content":"### sec.61 Granting water licences for authorities under s&#160;60\n\nThe chief executive must, under section&#160;212 of the Act , grant a water licence to take unsupplemented surface water to a person authorised under section&#160;60 (3) to continue to take declared water.\nThe licence must be consistent with subdivision&#160;4 .\nHowever, despite section&#160;74 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section&#160;60 .\n(sec.61-ssec.1) The chief executive must, under section&#160;212 of the Act , grant a water licence to take unsupplemented surface water to a person authorised under section&#160;60 (3) to continue to take declared water.\n(sec.61-ssec.2) The licence must be consistent with subdivision&#160;4 .\n(sec.61-ssec.3) However, despite section&#160;74 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section&#160;60 .","sortOrder":54},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns&#160;62 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":55},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns&#160;63 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":56},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns&#160;64 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":57},{"sectionNumber":"sec.65","sectionType":"section","heading":null,"content":"### Section sec.65\n\ns&#160;65 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":58},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns&#160;66 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":59},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns&#160;67 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":60},{"sectionNumber":"sec.68","sectionType":"section","heading":null,"content":"### Section sec.68\n\ns&#160;68 om 2014 SL&#160;No.&#160;142 s&#160;123","sortOrder":61},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of sdiv&#160;4","content":"### sec.69 Application of sdiv&#160;4\n\nThis subdivision applies to a water licence to take, or interfere with, unsupplemented surface water in a watercourse, lake or spring.\ns&#160;69 amd 2014 SL&#160;No.&#160;142 s&#160;124","sortOrder":62},{"sectionNumber":"sec.70","sectionType":"section","heading":"Water licence to take unsupplemented surface water","content":"### sec.70 Water licence to take unsupplemented surface water\n\nA water licence to take unsupplemented surface water must state the following—\nthe purpose for which water may be taken under the licence;\nthe maximum rate at which water may be taken under the licence;\nthe daily volumetric limit for the licence;\nthe annual volumetric limit for the licence;\nif a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.\n- (a) the purpose for which water may be taken under the licence;\n- (b) the maximum rate at which water may be taken under the licence;\n- (c) the daily volumetric limit for the licence;\n- (d) the annual volumetric limit for the licence;\n- (e) if a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.","sortOrder":63},{"sectionNumber":"sec.71","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.71 Purpose to be stated on water licence\n\nThe purpose stated on a water licence to take unsupplemented surface water must be—\nif the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\notherwise—‘any’.\n- (a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":64},{"sectionNumber":"sec.72","sectionType":"section","heading":"Maximum rates for taking unsupplemented surface water","content":"### sec.72 Maximum rates for taking unsupplemented surface water\n\nThe maximum rate at which unsupplemented surface water may be taken under a water licence is—\nfor a licence that states a maximum rate—the stated rate; and\nfor a licence, other than a licence mentioned in section&#160;59 or granted under section&#160;61 , that does not state a maximum rate but for which a related development permit for the licence—\nstates a pump size mentioned in schedule&#160;12 , column 1—the rate stated for the pump size in schedule&#160;12 , column 2; or\nstates a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;12 , column 2; and\nfor a licence other than a licence to which paragraph&#160;(a) or (b) applies—the rate decided by the chief executive having regard to—\nthe nature of the licence; and\nan estimate or measurement of the rate at which water can be taken under the licence.\nHowever, for subsection&#160;(1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which unsupplemented surface water may be taken under the licence is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water taking capacity of the pump to which the development permit relates (the existing pump );\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use mentioned in paragraph&#160;(c) .\n(sec.72-ssec.1) The maximum rate at which unsupplemented surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section&#160;59 or granted under section&#160;61 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule&#160;12 , column 1—the rate stated for the pump size in schedule&#160;12 , column 2; or states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;12 , column 2; and for a licence other than a licence to which paragraph&#160;(a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence.\n(sec.72-ssec.2) However, for subsection&#160;(1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which unsupplemented surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph&#160;(c) .\n- (a) for a licence that states a maximum rate—the stated rate; and\n- (b) for a licence, other than a licence mentioned in section&#160;59 or granted under section&#160;61 , that does not state a maximum rate but for which a related development permit for the licence— (i) states a pump size mentioned in schedule&#160;12 , column 1—the rate stated for the pump size in schedule&#160;12 , column 2; or (ii) states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;12 , column 2; and\n- (i) states a pump size mentioned in schedule&#160;12 , column 1—the rate stated for the pump size in schedule&#160;12 , column 2; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;12 , column 2; and\n- (c) for a licence other than a licence to which paragraph&#160;(a) or (b) applies—the rate decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) the nature of the licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) states a pump size mentioned in schedule&#160;12 , column 1—the rate stated for the pump size in schedule&#160;12 , column 2; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;12 , column 2; and\n- (i) the nature of the 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 to which the 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 mentioned in paragraph&#160;(c) .","sortOrder":65},{"sectionNumber":"sec.73","sectionType":"section","heading":"Daily volumetric limit for taking unsupplemented surface water","content":"### sec.73 Daily volumetric limit for taking unsupplemented surface water\n\nThe daily volumetric limit for a water licence to take unsupplemented surface water is—\nfor a licence that states a daily volumetric limit—the stated volume; and\nfor a licence, other than a licence mentioned in section&#160;59 or granted under section&#160;61 , that does not state a daily volumetric limit but for which a related development permit for the licence—\nstates a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit stated in schedule&#160;12 , column 3, for the pump size; or\nstates a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;12 , column 3; and\nfor a licence other than a licence to which paragraph&#160;(a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to—\nthe nature of the licence; and\nan estimate or measurement of the rate at which water can be taken under the licence.\nHowever, for subsection&#160;(1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water taking capacity of the pump to which the development permit relates (the existing pump ) 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 mentioned in paragraph&#160;(c) .\nThe chief executive must ensure the daily volumetric limit for a water licence to take unsupplemented surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section&#160;72 .\n(sec.73-ssec.1) The daily volumetric limit for a water licence to take unsupplemented surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section&#160;59 or granted under section&#160;61 , that does not state a daily volumetric limit but for which a related development permit for the licence— states a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit stated in schedule&#160;12 , column 3, for the pump size; or states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;12 , column 3; and for a licence other than a licence to which paragraph&#160;(a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence.\n(sec.73-ssec.2) However, for subsection&#160;(1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ) 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 mentioned in paragraph&#160;(c) .\n(sec.73-ssec.3) The chief executive must ensure the daily volumetric limit for a water licence to take unsupplemented surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section&#160;72 .\n- (a) for a licence that states a daily volumetric limit—the stated volume; and\n- (b) for a licence, other than a licence mentioned in section&#160;59 or granted under section&#160;61 , that does not state a daily volumetric limit but for which a related development permit for the licence— (i) states a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit stated in schedule&#160;12 , column 3, for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;12 , column 3; and\n- (i) states a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit stated in schedule&#160;12 , column 3, for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;12 , column 3; and\n- (c) for a licence other than a licence to which paragraph&#160;(a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) the nature of the licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) states a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit stated in schedule&#160;12 , column 3, for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;12 , column 3; and\n- (i) the nature of the 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 to which the 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 mentioned in paragraph&#160;(c) .","sortOrder":66},{"sectionNumber":"sec.74","sectionType":"section","heading":"Annual volumetric limit for taking unsupplemented surface water","content":"### sec.74 Annual volumetric limit for taking unsupplemented surface water\n\nThe annual volumetric limit for a water licence to take unsupplemented surface water is—\nfor a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\nfor a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 12; and\nfor a licence other than a licence to which paragraph&#160;(a) or (b) applies—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 of water 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 a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\n- (b) for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 12; and\n- (c) for a licence other than a licence to which paragraph&#160;(a) or (b) applies—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 of water 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 of water 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 of water 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":67},{"sectionNumber":"sec.75","sectionType":"section","heading":"Conditions for taking unsupplemented surface water","content":"### sec.75 Conditions for taking unsupplemented surface water\n\nThe chief executive may impose on a water licence to take unsupplemented surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\nIn deciding the flow conditions under which water may be taken under an existing water licence to take unsupplemented surface water, the chief executive must have regard to the conditions already applying to the licence.\n(sec.75-ssec.1) The chief executive may impose on a water licence to take unsupplemented surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\n(sec.75-ssec.2) In deciding the flow conditions under which water may be taken under an existing water licence to take unsupplemented surface water, the chief executive must have regard to the conditions already applying to the licence.","sortOrder":68},{"sectionNumber":"sec.76","sectionType":"section","heading":"Storing unsupplemented water taken under a water licence","content":"### sec.76 Storing unsupplemented water taken under a water licence\n\nWithout limiting section&#160;75 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.\nIn deciding whether to impose the condition mentioned in subsection&#160;(1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.\n(sec.76-ssec.1) Without limiting section&#160;75 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.\n(sec.76-ssec.2) In deciding whether to impose the condition mentioned in subsection&#160;(1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.","sortOrder":69},{"sectionNumber":"sec.77","sectionType":"section","heading":"Conditions giving effect to rules","content":"### sec.77 Conditions giving effect to rules\n\nSubsection&#160;(2) applies to any environmental management rules, infrastructure operating rules or water sharing rules included in the resource operations plan.\nThe chief executive must—\namend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and\nimpose conditions giving effect to the rules on water licences granted after the commencement.\n(sec.77-ssec.1) Subsection&#160;(2) applies to any environmental management rules, infrastructure operating rules or water sharing rules included in the resource operations plan.\n(sec.77-ssec.2) The chief executive must— amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and impose conditions giving effect to the rules on water licences granted after the commencement.\n- (a) amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and\n- (b) impose conditions giving effect to the rules on water licences granted after the commencement.","sortOrder":70},{"sectionNumber":"sec.78","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s&#160;20 (2)","content":"### sec.78 Limitation on taking overland flow water— Act , s&#160;20 (2)\n\nA person may not take overland flow water other than—\nfor stock or domestic purposes; or\nfor any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or\nunder a water licence; or\noverland flow water of not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\noverland flow water that is contaminated agricultural run-off water; or\nunder an authority under section&#160;79 .\nIn this section—\ncontaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.\nA copy of the code is available on the department’s website.\ns&#160;78 amd 2013 Act&#160;No.&#160;23 s&#160;352 sch&#160;1 pt&#160;2\n(sec.78-ssec.1) A person may not take overland flow water other than— for stock or domestic purposes; or for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or overland flow water that is contaminated agricultural run-off water; or under an authority under section&#160;79 .\n(sec.78-ssec.2) In this section— contaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.\n- (a) for stock or domestic purposes; or\n- (b) for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or\n- (c) under a water licence; or\n- (d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) overland flow water that is contaminated agricultural run-off water; or\n- (f) under an authority under section&#160;79 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":71},{"sectionNumber":"sec.79","sectionType":"section","heading":"Taking water using particular existing overland flow works authorised","content":"### sec.79 Taking water using particular existing overland flow works authorised\n\nThis section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section&#160;78 (1) (a) to (e) .\nThe owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow—\nafter the notice and information are given; and\nuntil the owner is granted a water licence under the Act .\nIn this section—\nexisting overland flow works includes works that—\nare a reconfiguration of existing overland flow works (the original works ); and\ndo not increase the average annual volume of water taken above the average annual volume taken using the original works.\n(sec.79-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section&#160;78 (1) (a) to (e) .\n(sec.79-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan.\n(sec.79-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow— after the notice and information are given; and until the owner is granted a water licence under the Act .\n(sec.79-ssec.4) In this section— existing overland flow works includes works that— are a reconfiguration of existing overland flow works (the original works ); and do not increase the average annual volume of water taken above the average annual volume taken using the original works.\n- (a) after the notice and information are given; and\n- (b) until the owner is granted a water licence under the Act .\n- (a) are a reconfiguration of existing overland flow works (the original works ); and\n- (b) do not increase the average annual volume of water taken above the average annual volume taken using the original works.","sortOrder":72},{"sectionNumber":"sec.80","sectionType":"section","heading":"Granting or amending water licences under the resource operations plan","content":"### sec.80 Granting or amending water licences under the resource operations plan\n\nThis section applies if the resource operations plan states a process for—\ngranting, under section&#160;212 of the Act , a water licence to replace an authority under section&#160;79 (3) for existing overland flow works; or\namending a water licence mentioned in paragraph&#160;(a) .\nIn following the process and granting or amending a water licence, 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 by the works during the period, of not more than 10 years, immediately before the commencement; and\nmay consider the extent to which the works, immediately before the commencement, allowed—\nthe taking of other water under another authorisation; or\nthe storage of other water taken under another authorisation.\nSubsection&#160;(2) does not limit the matters the chief executive may consider.\nThe process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.\n(sec.80-ssec.1) This section applies if the resource operations plan states a process for— granting, under section&#160;212 of the Act , a water licence to replace an authority under section&#160;79 (3) for existing overland flow works; or amending a water licence mentioned in paragraph&#160;(a) .\n(sec.80-ssec.2) In following the process and granting or amending a water licence, 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 by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.\n(sec.80-ssec.3) Subsection&#160;(2) does not limit the matters the chief executive may consider.\n(sec.80-ssec.4) The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.\n- (a) granting, under section&#160;212 of the Act , a water licence to replace an authority under section&#160;79 (3) for existing overland flow works; or\n- (b) amending a water licence mentioned in paragraph&#160;(a) .\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 by the works during the period, of not more than 10 years, immediately before the commencement; and\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement 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 by the works during the period, of not more than 10 years, immediately before the commencement; and\n- (b) may consider the extent to which the works, immediately before the commencement, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement 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 by the works during the period, of not more than 10 years, immediately before the commencement; and\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.","sortOrder":73},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns&#160;81 amd 2009 SL&#160;No.&#160;280 s&#160;180 ; 2011 Act&#160;No.&#160;40 s&#160;107 sch\nom 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":74},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Additional strategies for groundwater","content":"# Additional strategies for groundwater","sortOrder":75},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":76},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application of pt&#160;3","content":"### sec.82 Application of pt&#160;3\n\nThe strategies stated in this part apply to groundwater in addition to the strategies stated in part&#160;1 .","sortOrder":77},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns&#160;83 amd 2009 SL&#160;No.&#160;280 s&#160;181 ; 2011 Act&#160;No.&#160;40 s&#160;107 sch ; 2014 Act&#160;No.&#160;29 s&#160;152 ; 2015 SL&#160;No.&#160;99 s&#160;23\nom 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":78},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Strategies for Nicholson and Einasleigh groundwater management areas","content":"## Strategies for Nicholson and Einasleigh groundwater management areas","sortOrder":79},{"sectionNumber":"sec.84","sectionType":"section","heading":"Limitation on taking or interfering with water— Act , s&#160;20 (2)","content":"### sec.84 Limitation on taking or interfering with water— Act , s&#160;20 (2)\n\nIn the Nicholson groundwater management area and the Einasleigh groundwater management area, a person may not take or interfere with groundwater other than—\nfor stock or domestic purposes; or\nfor monitoring the quality of the water or controlling the salinity of the water; or\nunder a water licence or water permit.\ns&#160;84 amd 2013 Act&#160;No.&#160;23 s&#160;352 sch&#160;1 pt&#160;2\n- (a) for stock or domestic purposes; or\n- (b) for monitoring the quality of the water or controlling the salinity of the water; or\n- (c) under a water licence or water permit.","sortOrder":80},{"sectionNumber":"sec.85","sectionType":"section","heading":"Water licence to take groundwater","content":"### sec.85 Water licence to take groundwater\n\nA water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area must state—\nthe purpose for which the water may be taken under the licence; and\nthe annual volumetric limit for the licence.\nDespite subsection&#160;(1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.\n(sec.85-ssec.1) A water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area must state— the purpose for which the water may be taken under the licence; and the annual volumetric limit for the licence.\n(sec.85-ssec.2) Despite subsection&#160;(1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.\n- (a) the purpose for which the water may be taken under the licence; and\n- (b) the annual volumetric limit for the licence.","sortOrder":81},{"sectionNumber":"sec.86","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.86 Purpose to be stated on water licence\n\nThe purpose stated on a water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area must be—\nif the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\nif the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or\notherwise—‘any’.\n- (a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (b) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or\n- (c) otherwise—‘any’.","sortOrder":82},{"sectionNumber":"sec.87","sectionType":"section","heading":"Amendment of water licences to state annual volumetric limit","content":"### sec.87 Amendment of water licences to state annual volumetric limit\n\nThis section applies to an existing water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area that does not state the maximum annual volume of water that may be taken under the licence.\nThe chief executive may, under section&#160;217 of the Act , amend the licence to state an annual volumetric limit.\nIn deciding the annual volumetric limit, the chief executive must have regard to the following—\nthe conditions of the licence;\nthe efficiency of the current use of water having regard to industry best practice in efficient water use;\nthe impact the taking is having on—\nthe flow of water to watercourses or springs; and\ngroundwater levels;\nthe annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;\nthe impact the taking is having on water entitlements and other authorities to take or interfere with water;\nthe availability of an alternative water supply for the purpose for which the water is being taken;\nthe total annual volumetric limits for water licences in the area;\nif the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.\n(sec.87-ssec.1) This section applies to an existing water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area that does not state the maximum annual volume of water that may be taken under the licence.\n(sec.87-ssec.2) The chief executive may, under section&#160;217 of the Act , amend the licence to state an annual volumetric limit.\n(sec.87-ssec.3) In deciding the annual volumetric limit, the chief executive must have regard to the following— the conditions of the licence; the efficiency of the current use of water having regard to industry best practice in efficient water use; the impact the taking is having on— the flow of water to watercourses or springs; and groundwater levels; the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003; the impact the taking is having on water entitlements and other authorities to take or interfere with water; the availability of an alternative water supply for the purpose for which the water is being taken; the total annual volumetric limits for water licences in the area; if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.\n- (a) the conditions of the licence;\n- (b) the efficiency of the current use of water having regard to industry best practice in efficient water use;\n- (c) the impact the taking is having on— (i) the flow of water to watercourses or springs; and (ii) groundwater levels;\n- (i) the flow of water to watercourses or springs; and\n- (ii) groundwater levels;\n- (d) the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;\n- (e) the impact the taking is having on water entitlements and other authorities to take or interfere with water;\n- (f) the availability of an alternative water supply for the purpose for which the water is being taken;\n- (g) the total annual volumetric limits for water licences in the area;\n- (h) if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.\n- (i) the flow of water to watercourses or springs; and\n- (ii) groundwater levels;","sortOrder":83},{"sectionNumber":"sec.88","sectionType":"section","heading":"Conditions for taking groundwater","content":"### sec.88 Conditions for taking groundwater\n\nThis section applies to a water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area granted after the commencement of this plan.\nThe chief executive may impose conditions on the licence requiring the holder of the licence—\nto provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and\nto carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.\n(sec.88-ssec.1) This section applies to a water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area granted after the commencement of this plan.\n(sec.88-ssec.2) The chief executive may impose conditions on the licence requiring the holder of the licence— to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.\n- (a) to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and\n- (b) to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.","sortOrder":84},{"sectionNumber":"sec.89","sectionType":"section","heading":"Taking water using existing water bores authorised","content":"### sec.89 Taking water using existing water bores authorised\n\nThe owner of an existing water bore in the Einasleigh groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater—\nafter the notice is given; and\nuntil the owner is granted a water licence under section&#160;90 .\nSubsections&#160;(1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner.\nIn this section—\nrelevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Einasleigh groundwater management area, means the annual volume of groundwater the owner was taking in the Einasleigh groundwater management area before 17 October 2003.\n(sec.89-ssec.1) The owner of an existing water bore in the Einasleigh groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan.\n(sec.89-ssec.2) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater— after the notice is given; and until the owner is granted a water licence under section&#160;90 .\n(sec.89-ssec.3) Subsections&#160;(1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner.\n(sec.89-ssec.4) In this section— relevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Einasleigh groundwater management area, means the annual volume of groundwater the owner was taking in the Einasleigh groundwater management area before 17 October 2003.\n- (a) after the notice is given; and\n- (b) until the owner is granted a water licence under section&#160;90 .","sortOrder":85},{"sectionNumber":"sec.90","sectionType":"section","heading":"Granting water licences for authorities under s&#160;89","content":"### sec.90 Granting water licences for authorities under s&#160;89\n\nThe chief executive must, under section&#160;212 of the Act , grant a water licence to a person authorised under section&#160;89 (2) to continue taking groundwater.\nThe licence must be consistent with this division.\n(sec.90-ssec.1) The chief executive must, under section&#160;212 of the Act , grant a water licence to a person authorised under section&#160;89 (2) to continue taking groundwater.\n(sec.90-ssec.2) The licence must be consistent with this division.","sortOrder":86},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Low flow objectives","content":"# Low flow objectives","sortOrder":87},{"sectionNumber":"sch.5-sec","sectionType":"section","heading":null,"content":"### Section sch.5-sec\n\nAt node 1—\nthe number of periods of no flow of more than 1 month but less than 6 months in the simulation period be not more than 150; and\nthe number of periods of no flow of 6 months or more in the simulation period be not more than 80; and\nthe number of days on which the daily flow equals or exceeds the median non-zero daily flow, expressed as a percentage of the number of days on which the daily flow for the pre-development flow pattern equals or exceeds the median non-zero daily flow, in the simulation period be at least 50%.\nAt node 6, the proportion of no flow days in the simulation period be no more than 28%.\nAt node 7, the proportion of no flow days in the simulation period be no more than 70%.\n(sch.5-sec-ssec.1) At node 1— the number of periods of no flow of more than 1 month but less than 6 months in the simulation period be not more than 150; and the number of periods of no flow of 6 months or more in the simulation period be not more than 80; and the number of days on which the daily flow equals or exceeds the median non-zero daily flow, expressed as a percentage of the number of days on which the daily flow for the pre-development flow pattern equals or exceeds the median non-zero daily flow, in the simulation period be at least 50%.\n(sch.5-sec-ssec.2) At node 6, the proportion of no flow days in the simulation period be no more than 28%.\n(sch.5-sec-ssec.3) At node 7, the proportion of no flow days in the simulation period be no more than 70%.\n- (a) the number of periods of no flow of more than 1 month but less than 6 months in the simulation period be not more than 150; and\n- (b) the number of periods of no flow of 6 months or more in the simulation period be not more than 80; and\n- (c) the number of days on which the daily flow equals or exceeds the median non-zero daily flow, expressed as a percentage of the number of days on which the daily flow for the pre-development flow pattern equals or exceeds the median non-zero daily flow, in the simulation period be at least 50%.","sortOrder":88},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Medium to high flow objectives","content":"# Medium to high flow objectives","sortOrder":89},{"sectionNumber":"sch.5-sec-oc.2","sectionType":"section","heading":"Table 2","content":"### sch.5-sec-oc.2 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 in the simulation period, be at least the percentage stated for the node in column 2 of the table; and\nthe median annual flow ratio in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 3 of the table; and\nthe 10% daily flow be equalled or exceeded on at least the number of days in the simulation period, expressed as a percentage, stated for the node in column 4 of the table; and\nthe 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 5 of the table; 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 in the simulation period, be at least the percentage stated for the node in column 6 of the table; 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 in the simulation period, be at least the percentage stated for the node in column 7 of the table.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nColumn 6\nColumn 7\nNode\nMean annual flow\nMedian annual flow\n10% daily flow\n1.5 year daily flow volume\n5 year daily flow volume\n20 year daily flow volume\n1\n63%\n37%\n5%\n37%\n70%\n72%\n6\n93%\n89.5%\n–\n93%\n97%\n98%\n7\n90%\n78%\n–\n90%\n96.5%\n98%\n(sch.5-sec-oc.2-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 in the simulation period, be at least the percentage stated for the node in column 2 of the table; and the median annual flow ratio in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 3 of the table; and the 10% daily flow be equalled or exceeded on at least the number of days in the simulation period, expressed as a percentage, stated for the node in column 4 of the table; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 5 of the table; 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 in the simulation period, be at least the percentage stated for the node in column 6 of the table; 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 in the simulation period, be at least the percentage stated for the node in column 7 of the table. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Node Mean annual flow Median annual flow 10% daily flow 1.5 year daily flow volume 5 year daily flow volume 20 year daily flow volume 1 63% 37% 5% 37% 70% 72% 6 93% 89.5% – 93% 97% 98% 7 90% 78% – 90% 96.5% 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 in the simulation period, be at least the percentage stated for the node in column 2 of the table; and\n- (b) the median annual flow ratio in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 3 of the table; and\n- (c) the 10% daily flow be equalled or exceeded on at least the number of days in the simulation period, expressed as a percentage, stated for the node in column 4 of the table; and\n- (d) the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 5 of the table; and\n- (e) 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 in the simulation period, be at least the percentage stated for the node in column 6 of the table; and\n- (f) 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 in the simulation period, be at least the percentage stated for the node in column 7 of the table.","sortOrder":90},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Wet season flow objectives","content":"# Wet season flow objectives","sortOrder":91},{"sectionNumber":"sch.5-sec-oc.3","sectionType":"section","heading":null,"content":"### Section sch.5-sec-oc.3\n\nAt each node mentioned in table 3, column 1, the median wet season flow in the simulation period, expressed as a percentage of the median wet season flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table.\nColumn 1\nColumn 2\nNode\nMedian wet season flow\n6\n90%\n7\n75%\n(sch.5-sec-oc.3-ssec.1) At each node mentioned in table 3, column 1, the median wet season flow in the simulation period, expressed as a percentage of the median wet season flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table. Column 1 Column 2 Node Median wet season flow 6 90% 7 75%","sortOrder":92},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Water from Lake Mary Kathleen","content":"# Water from Lake Mary Kathleen","sortOrder":93},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"Water for State purpose","content":"# Water for State purpose","sortOrder":94}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":669},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The provided excerpt appears to be a coherent, complete section of the Water Plan (Gulf) 2007 covering environmental flow objectives, water allocation security, and implementation strategies. The scope aligns with the plan's original purpose of managing water resources in the Gulf region. While there are numerous amendments noted, these appear to be incremental updates rather than scope expansion."},"complexity_factors":["Multiple overlapping regulatory regimes for surface water vs groundwater vs supplemented vs unsupplemented water","Extensive cross-referencing to schedules, other legislation (Water Act, Environmental Protection Act), and external documents like the Resource Operations Plan","Nested conditional logic with multiple exceptions (e.g., section 43 has 6 subsections with layered conditions and capacity caps)","Technical hydrological terminology requiring domain expertise (e.g., 'median non-zero daily flow', '1.5 year daily flow volume', 'AMTD' reference points)","Frequent amendments noted (2011, 2013, 2014, 2015, 2016) creating version complexity","Multiple defined terms and concepts scattered throughout (volumetric limits, flow conditions, declared water, overland flow works)","Geographic specificity requiring reference to catchment maps and schedule tables","Transition provisions for existing licences with historical reference dates (e.g., 17 October 2003, 10-year lookback periods)"],"plain_english_summary":"This is a **water resource management plan** for the Gulf region of Queensland, Australia. It sets the rules for how water from rivers, lakes, and underground sources can be used while protecting the environment.\n\n**What it does:**\n\n- **Sets environmental targets** — Defines how much water must stay in rivers to keep ecosystems healthy, including rules for low flows, medium-to-high flows, and wet season flows (measured at specific monitoring points called \"nodes\")\n\n- **Controls who can take water** — Establishes three types of water reserves:\n  - **Indigenous reserve** — Water set aside for Aboriginal and Torres Strait Islander communities to achieve economic and social goals\n  - **Strategic reserve** — Water for state projects like town water supplies or major developments\n  - **General reserve** — Water available for any purpose, subject to conditions\n\n- **Limits on dams and interference** — Restricts building new dams or structures that block water flow, with strict caps (10 megalitres for pumping pools, 250 megalitres for other purposes)\n\n- **Protects waterholes and lakes** — Requires cultural and ecological values to be considered before granting licences to take water from these sources\n\n- **Manages groundwater** — Special rules for the Nicholson and Einasleigh groundwater areas, including annual limits on extraction\n\n- **Grandfathering existing users** — Allows people already using water to continue temporarily while they apply for proper licences\n\n**Who it affects:** Farmers, mining companies, Indigenous communities, town water suppliers, and anyone wanting to build dams or take water from rivers or underground in the Gulf region (including the Flinders, Gilbert, Gregory, Morning Inlet, Settlement Creek, and Staaten River catchments)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan has materially expanded from its 2007 origins through multiple amendments (2009, 2011, 2013, 2014, 2015, 2016). Notable additions include: the introduction of 'pass flow' conditions specifically for Flinders and Gilbert River catchment general reserve entitlements (s.39A, added 2015); the insertion of s.56 as a new provision on stock and domestic taking rights (replacing an omitted section); a new category of indigenous reserve water expanded to additional catchment areas; and references updated to the Water Regulation 2016. Simultaneously, significant portions of the original plan (ss.22, 25, 26, 31, 44–55, 62–68, 81, 83) were omitted by 2014–2016 amendments, suggesting a substantial restructuring of the regulatory architecture away from the plan and into other instruments."},"complexity_factors":["Multiple overlapping regulatory regimes: supplemented surface water, unsupplemented surface water, overland flow water, and groundwater — each with different rules","Geographic specificity: Different rules apply to different named catchments, subcatchments and groundwater management areas (e.g. Flinders River, Gilbert River, Nicholson, Einasleigh), requiring knowledge of precise geographic boundaries","Technical hydrological concepts used as legal standards: terms like '10% daily flow', '1.5 year daily flow volume', 'median non-zero daily flow', and 'pre-development flow pattern' require specialist understanding","Multiple licence types and conditions with cross-referencing provisions: licences have different required content, volumetric limits calculated by different methods (stated rates, pump size schedules, chief executive discretion)","Heavy reliance on external documents: Schedules 5–8 and 12, the Resource Operations Plan, the Water Regulation 2016, and external codes are all incorporated by reference but not reproduced","Transitional and historical provisions: rights tied to usage before 17 October 2003, with different transition periods and notice requirements for existing bore owners and overland flow works","Layered decision-making discretion: The chief executive has broad discretion on multiple matters, constrained by mandatory considerations that themselves cross-reference other sections","Multiple amendments over time (2009–2016 SL amendments) have removed numerous sections, creating gaps in the numbering and potential confusion about the current operative text","Indigenous water reserve provisions interact with both geographic and purpose-based restrictions, requiring careful navigation across multiple sections"],"plain_english_summary":"This Queensland water management plan for the Gulf region sets who can take water, how much, when and under what conditions — balancing environmental needs, farms, towns, industry and Indigenous communities. It establishes measurable environmental flow targets, licensing rules for pumps, dams and bores, and reserves of unallocated water (including an Indigenous reserve and strategic/general reserves).\n\nIt affects farmers, landowners, miners, town suppliers and Indigenous groups by legally protecting river flows and shaping water security and access across the Gulf."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument defines rules and processes within the Gulf plan area but does not, in the supplied text, expressly expand or narrow the plan’s statutory geographic or subject‑matter scope. It imposes allocation, reservation and licence conditions and sets transitional arrangements without stating a change to the plan’s original remit."},"complexity_factors":["Numerous technical performance indicators and node‑specific numeric targets requiring hydrological simulation (sec 17; sch 5).","Broad administrative discretion and many mandatory 'must consider' lists for the chief executive (secs 23, 24, 30, 75, 80).","Dependence on prescribed modelling and cross‑referenced instruments (prescribed assessment computer program; sec 42; Water Regulation cross‑reference sec 29).","Multiple reserve categories (indigenous, strategic, general) with area‑specific volumetric caps and purpose limits (secs 28–39, 33, 35, 36).","Detailed rules for calculating licence rates, daily and annual volumetric limits and pump‑based conversions (secs 70–74, schedule 12).","Transitional and grandfathering arrangements for existing bores and overland flow works requiring notices, certificates or future licence grant (secs 60–61, 79–80, 89–90).","Catchment‑specific special conditions (e.g. Flinders/Gilbert pass flow and Lake Mary Kathleen strategic allocations) introducing local complexity (secs 34, 35, 39A, 43).","Administrative compliance burdens: notice forms, engineering certificates, pumping tests and approved alternative assessment methods (secs 60, 80, 87, 42)."],"plain_english_summary":"This Water Plan sets rules for environmental flows and water allocation in the Gulf plan area: it prescribes technical performance indicators and node‑specific flow targets, classes and volumetric caps for unallocated water, and licence conditions and limits for taking or storing surface and groundwater. It affects landowners, licence holders, Indigenous reserves and State projects. The chief executive decides allocations and licence conditions (secs 23, 24, 75). Affected users bear compliance and adjustment costs and must change pumping, storage and transfer behaviour to meet volumetric, rate and flow limits (secs 72–74, 76)."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-gulf-2007","history":"/api/acts/water-plan-gulf-2007/history","analysis":"/api/acts/water-plan-gulf-2007/analysis","conflicts":"/api/acts/water-plan-gulf-2007/conflicts","importantCases":"/api/acts/water-plan-gulf-2007/important-cases","documents":"/api/acts/water-plan-gulf-2007/documents"}}