{"id":"qld:sl-2024-0047","name":"Water Plan (Mary Basin) 2024","slug":"water-plan-mary-basin-2024","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"47 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173716,"registerId":"qld-sl-2024-0047-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis plan may be cited as the Water Plan (Mary Basin) 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of plan","content":"### sec.2 Purposes of plan\n\nThe purposes of this plan are to—\ndefine the availability of water to which this plan applies; and\nprovide a framework for sustainably managing water to which this plan applies; and\nidentify priorities and mechanisms for dealing with the future water requirements in the plan area; and\nregulate the taking of, and interference with, surface water, and the taking of underground water, to which this plan applies; and\nprovide a framework for establishing and managing water allocations for surface water to which this plan applies; and\nprovide access to water resources to help the traditional owners of the plan area achieve their economic, social and cultural aspirations; and\nprovide a framework for reversing, where practicable, the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.\n- (a) define the availability of water to which this plan applies; and\n- (b) provide a framework for sustainably managing water to which this plan applies; and\n- (c) identify priorities and mechanisms for dealing with the future water requirements in the plan area; and\n- (d) regulate the taking of, and interference with, surface water, and the taking of underground water, to which this plan applies; and\n- (e) provide a framework for establishing and managing water allocations for surface water to which this plan applies; and\n- (f) provide access to water resources to help the traditional owners of the plan area achieve their economic, social and cultural aspirations; and\n- (g) provide a framework for reversing, where practicable, the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 8 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of surface water","content":"### sec.4 Meaning of surface water\n\nSurface water is water in a watercourse, lake or spring.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Plan area, water to which plan applies and other matters","content":"# Plan area, water to which plan applies and other matters","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Water to which plan applies— Act , s 43","content":"### sec.5 Water to which plan applies— Act , s 43\n\nFor section 43 (1) (a) of the Act , this plan applies to the following water—\nsurface water in the plan area;\nunderground water in the underground water management area.\n- (a) surface water in the plan area;\n- (b) underground water in the underground water management area.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Plan area","content":"### sec.6 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 , part 1 .","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Subcatchments and water management areas","content":"### sec.7 Subcatchments and water management areas\n\nThe plan area is divided into subcatchments .\nEach subcatchment is identified, by a letter, on the map in schedule 2 , part 1 and is named in schedule 2 , part 2 .\nA subcatchment may be referred to in this plan by its letter or by its name.\nEach subcatchment is a water management area for schedule 4 of the Act , definition water management area , paragraph (b) .\nA water management area may be referred to in this plan by the letter or name of its subcatchment.\n(sec.7-ssec.1) The plan area is divided into subcatchments .\n(sec.7-ssec.2) Each subcatchment is identified, by a letter, on the map in schedule 2 , part 1 and is named in schedule 2 , part 2 .\n(sec.7-ssec.3) A subcatchment may be referred to in this plan by its letter or by its name.\n(sec.7-ssec.4) Each subcatchment is a water management area for schedule 4 of the Act , definition water management area , paragraph (b) .\n(sec.7-ssec.5) A water management area may be referred to in this plan by the letter or name of its subcatchment.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Water supply schemes and water supply scheme zones","content":"### sec.8 Water supply schemes and water supply scheme zones\n\nEach part of the plan area shown as a water supply scheme on the map in schedule 3 , part 1 is a water supply scheme for this plan.\nA reference in this plan to a water supply scheme by name is a reference to the water supply scheme given that name on the map in schedule 3 , part 1 .\nEach part of a water supply scheme that is shown as a water supply scheme zone on a map in schedule 3 , part 2 , 3 or 4 is a water supply scheme zone for—\nthis plan; and\nthe water supply scheme.\nA reference in this plan to a water supply scheme zone by name is a reference to the water supply scheme zone given that name on a map in schedule 3 , part 2 , 3 or 4 .\n(sec.8-ssec.1) Each part of the plan area shown as a water supply scheme on the map in schedule 3 , part 1 is a water supply scheme for this plan.\n(sec.8-ssec.2) A reference in this plan to a water supply scheme by name is a reference to the water supply scheme given that name on the map in schedule 3 , part 1 .\n(sec.8-ssec.3) Each part of a water supply scheme that is shown as a water supply scheme zone on a map in schedule 3 , part 2 , 3 or 4 is a water supply scheme zone for— this plan; and the water supply scheme.\n(sec.8-ssec.4) A reference in this plan to a water supply scheme zone by name is a reference to the water supply scheme zone given that name on a map in schedule 3 , part 2 , 3 or 4 .\n- (a) this plan; and\n- (b) the water supply scheme.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Underground water management area","content":"### sec.9 Underground water management area\n\nThe part of the plan area shown as the Cooloola Sandmass underground water management area on the map in schedule 4 is the underground water management area .","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Trading zones— Act , s 43","content":"### sec.10 Trading zones— Act , s 43\n\nFor section 43 (1) (e) (i) of the Act , a water supply scheme zone is a trading zone for water allocations to which this plan applies.","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Nodes","content":"### sec.11 Nodes\n\nA node is a point in the plan area.\nThe modelled location of each node is identified, by a number, on the map in schedule 1 , part 1 and is described in schedule 1 , part 2 .\nA node may be referred to in this plan by its number.\nThe actual location of each node is set by the model computer program.\n(sec.11-ssec.1) A node is a point in the plan area.\n(sec.11-ssec.2) The modelled location of each node is identified, by a number, on the map in schedule 1 , part 1 and is described in schedule 1 , part 2 .\n(sec.11-ssec.3) A node may be referred to in this plan by its number.\n(sec.11-ssec.4) The actual location of each node is set by the model computer program.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Significant watercourse reaches","content":"### sec.12 Significant watercourse reaches\n\nA significant watercourse reach is a part of a watercourse that—\nis in the plan area; and\nis shown as a significant watercourse reach on the map in schedule 5 .\n- (a) is in the plan area; and\n- (b) is shown as a significant watercourse reach on the map in schedule 5 .","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Information about areas","content":"### sec.13 Information about areas\n\nThe exact location of the boundaries of each of the following is held in digital electronic form by the department and may be accessed at each office of the department—\nthe plan area;\na subcatchment;\na water management area;\na water supply scheme;\na water supply scheme zone;\nthe underground water management area;\na significant watercourse reach.\nThe location of each office of the department is available on the department’s website.\n- (a) the plan area;\n- (b) a subcatchment;\n- (c) a water management area;\n- (d) a water supply scheme;\n- (e) a water supply scheme zone;\n- (f) the underground water management area;\n- (g) a significant watercourse reach.","sortOrder":14},{"sectionNumber":"pt.3","sectionType":"part","heading":"Water plan outcomes","content":"# Water plan outcomes","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Purpose of part","content":"### sec.14 Purpose of part\n\nThis part states, for section 43 (1) (b) of the Act , the water plan outcomes for this plan.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"General water plan outcome","content":"### sec.15 General water plan outcome\n\nA water plan outcome for this plan is that water to which this plan applies is to be allocated and managed in a way that—\nrecognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and\nseeks to achieve a balance between—\nthe economic water plan outcomes stated in section 16 ; and\nthe social water plan outcomes stated in section 17 ; and\nthe cultural water plan outcomes stated in section 18 ; and\nthe environmental water plan outcomes stated in section 19 ; and\npromotes improved understanding of—\nmatters affecting the flow-related, and underground water-dependent, health of ecosystems, including springs, in the plan area; and\nthe flow-related requirements of ecosystems in the plan area; and\nthe water required for social, spiritual, economic, environmental and cultural uses of water by the traditional owners of the plan area; and\nthe water required to deliver social and economic benefits to communities in the plan area; and\nthe impact of climate change on water availability.\n- (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and\n- (b) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 16 ; and (ii) the social water plan outcomes stated in section 17 ; and (iii) the cultural water plan outcomes stated in section 18 ; and (iv) the environmental water plan outcomes stated in section 19 ; and\n- (i) the economic water plan outcomes stated in section 16 ; and\n- (ii) the social water plan outcomes stated in section 17 ; and\n- (iii) the cultural water plan outcomes stated in section 18 ; and\n- (iv) the environmental water plan outcomes stated in section 19 ; and\n- (c) promotes improved understanding of— (i) matters affecting the flow-related, and underground water-dependent, health of ecosystems, including springs, in the plan area; and (ii) the flow-related requirements of ecosystems in the plan area; and (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by the traditional owners of the plan area; and (iv) the water required to deliver social and economic benefits to communities in the plan area; and (v) the impact of climate change on water availability.\n- (i) matters affecting the flow-related, and underground water-dependent, health of ecosystems, including springs, in the plan area; and\n- (ii) the flow-related requirements of ecosystems in the plan area; and\n- (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by the traditional owners of the plan area; and\n- (iv) the water required to deliver social and economic benefits to communities in the plan area; and\n- (v) the impact of climate change on water availability.\n- (i) the economic water plan outcomes stated in section 16 ; and\n- (ii) the social water plan outcomes stated in section 17 ; and\n- (iii) the cultural water plan outcomes stated in section 18 ; and\n- (iv) the environmental water plan outcomes stated in section 19 ; and\n- (i) matters affecting the flow-related, and underground water-dependent, health of ecosystems, including springs, in the plan area; and\n- (ii) the flow-related requirements of ecosystems in the plan area; and\n- (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by the traditional owners of the plan area; and\n- (iv) the water required to deliver social and economic benefits to communities in the plan area; and\n- (v) the impact of climate change on water availability.","sortOrder":17},{"sectionNumber":"sec.16","sectionType":"section","heading":"Water plan outcomes—economic","content":"### sec.16 Water plan outcomes—economic\n\nThe economic water plan outcomes for this plan are—\nto provide for the continued effect of all water entitlements and other authorisations to take or interfere with water to which this plan applies; and\nto protect the availability of water to which this plan applies that is water that may be taken under a water entitlement; and\nto maintain the availability of water to which this plan applies for industries dependent on the water resources for the plan area; and\nto provide for mechanisms that support growth in industries dependent on the water resources for the plan area, including, for example—\nagriculture; and\nenergy storage and generation; and\ntourism; and\nto make water to which this plan applies available, and to provide for water entitlements to take or interfere with the water, to support the economic aspirations of the traditional owners of the plan area; and\nto support the effective and efficient implementation and operation of the market in water allocations.\n- (a) to provide for the continued effect of all water entitlements and other authorisations to take or interfere with water to which this plan applies; and\n- (b) to protect the availability of water to which this plan applies that is water that may be taken under a water entitlement; and\n- (c) to maintain the availability of water to which this plan applies for industries dependent on the water resources for the plan area; and\n- (d) to provide for mechanisms that support growth in industries dependent on the water resources for the plan area, including, for example— (i) agriculture; and (ii) energy storage and generation; and (iii) tourism; and\n- (i) agriculture; and\n- (ii) energy storage and generation; and\n- (iii) tourism; and\n- (e) to make water to which this plan applies available, and to provide for water entitlements to take or interfere with the water, to support the economic aspirations of the traditional owners of the plan area; and\n- (f) to support the effective and efficient implementation and operation of the market in water allocations.\n- (i) agriculture; and\n- (ii) energy storage and generation; and\n- (iii) tourism; and","sortOrder":18},{"sectionNumber":"sec.17","sectionType":"section","heading":"Water plan outcomes—social","content":"### sec.17 Water plan outcomes—social\n\nThe social water plan outcomes for this plan are—\nto maintain—\nthe availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources for the plan area; and\nthe flows of water to which this plan applies that support water-related aesthetic, community and recreational values; and\nto provide water to which this plan applies—\nfor stock purposes and domestic purposes in the plan area; and\nto meet increased demand, because of an increase in population, for the supply of urban water to towns and communities dependent on the water resources for the plan area; and\nto make water to which this plan applies available to support the social aspirations of the traditional owners of the plan area; and\nto manage and allocate underground water in the underground water management area to minimise seawater intrusion into the Cooloola Sandmass aquifer.\n- (a) to maintain— (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources for the plan area; and (ii) the flows of water to which this plan applies that support water-related aesthetic, community and recreational values; and\n- (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources for the plan area; and\n- (ii) the flows of water to which this plan applies that support water-related aesthetic, community and recreational values; and\n- (b) to provide water to which this plan applies— (i) for stock purposes and domestic purposes in the plan area; and (ii) to meet increased demand, because of an increase in population, for the supply of urban water to towns and communities dependent on the water resources for the plan area; and\n- (i) for stock purposes and domestic purposes in the plan area; and\n- (ii) to meet increased demand, because of an increase in population, for the supply of urban water to towns and communities dependent on the water resources for the plan area; and\n- (c) to make water to which this plan applies available to support the social aspirations of the traditional owners of the plan area; and\n- (d) to manage and allocate underground water in the underground water management area to minimise seawater intrusion into the Cooloola Sandmass aquifer.\n- (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources for the plan area; and\n- (ii) the flows of water to which this plan applies that support water-related aesthetic, community and recreational values; and\n- (i) for stock purposes and domestic purposes in the plan area; and\n- (ii) to meet increased demand, because of an increase in population, for the supply of urban water to towns and communities dependent on the water resources for the plan area; and","sortOrder":19},{"sectionNumber":"sec.18","sectionType":"section","heading":"Water plan outcomes—cultural","content":"### sec.18 Water plan outcomes—cultural\n\nThe cultural water plan outcomes for this plan are—\nto make water to which this plan applies available to support the cultural aspirations of the traditional owners of the plan area; and\nto maintain flows of water to which this plan applies that support the cultural connection between the traditional owners of the plan area, the cultural values in the plan area and the water resources for the plan area; and\nto continue to engage with the traditional owners of the plan area to improve understanding of the cultural values, uses and aspirations in relation to water to which this plan applies; and\nto promote continual involvement of the traditional owners of the plan area in the development, monitoring and implementation of this water plan; and\nto maintain or provide flows of water to which this plan applies to support sites of cultural significance in the plan area, including, for example, the Wongi Waterholes; and\nto maintain or provide flows of water to which this plan applies to support species of cultural significance, including, for example, the Mary River cod, the Australian lungfish, the Mary River turtle and the white-throated snapping turtle.\n- (a) to make water to which this plan applies available to support the cultural aspirations of the traditional owners of the plan area; and\n- (b) to maintain flows of water to which this plan applies that support the cultural connection between the traditional owners of the plan area, the cultural values in the plan area and the water resources for the plan area; and\n- (c) to continue to engage with the traditional owners of the plan area to improve understanding of the cultural values, uses and aspirations in relation to water to which this plan applies; and\n- (d) to promote continual involvement of the traditional owners of the plan area in the development, monitoring and implementation of this water plan; and\n- (e) to maintain or provide flows of water to which this plan applies to support sites of cultural significance in the plan area, including, for example, the Wongi Waterholes; and\n- (f) to maintain or provide flows of water to which this plan applies to support species of cultural significance, including, for example, the Mary River cod, the Australian lungfish, the Mary River turtle and the white-throated snapping turtle.","sortOrder":20},{"sectionNumber":"sec.19","sectionType":"section","heading":"Water plan outcomes—environmental","content":"### sec.19 Water plan outcomes—environmental\n\nThe environmental outcomes for this plan area are—\nto maintain, and if possible improve, flows of water to which this plan applies that support—\nnative plants and animals, and their freshwater and estuarine habitats; and\nlong-term water quality suitable for riverine and estuarine ecosystems; and\nto maintain, and if possible improve, the low flow regimes, of the watercourses to which this plan applies, that support ecological assets, for example—\nriffle habitats; and\nthe quality and persistence of waterholes; and\nthe connectivity of watercourses required over the lifespan of native aquatic species, including to allow for opportunities for movement, spawning and recruitment of the species; and\nto maintain the medium flow regimes and high flow regimes, of the watercourses to which this plan applies, that support ecological assets, for example—\nriver-forming processes; and\nriparian systems and their functions; and\nfloodplain and wetland ecosystems; and\nestuarine ecosystems; and\nto maintain, and if possible, improve, flows of freshwater to which this plan applies that support ecological processes in the following waters—\nwaters of estuaries that receive flows of water from the plan area;\nthe marine waters of the Great Barrier Reef;\nthe waters of the Great Sandy Strait declared Ramsar wetland; and\nto minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and\ndegradation of water quality, a reduction in habitats\nfor the Mooloolah River, the Noosa River, the Maroochy River and their tributaries—to minimise change to the natural flow regime that supports the rivers and tributaries; and\nfor the freshwater reaches of the Mary River and its tributaries—to maintain, and if possible, improve—\nthe low flow regime of the freshwater reaches; and\nthe flow-related habitat requirements of ecological assets in the freshwater reaches; and\nMary River cod, Australian lungfish, Mary River turtle, white-throated snapping turtle\nfor the Burrum River and its tributaries, downstream of Lenthalls Dam—to support freshwater flows that are necessary—\nfor estuarine processes; and\nto reduce hypersaline conditions in the upper Burrum River estuary; and\nfor the underground water management area—to maintain, and if possible improve, the availability and quality of underground water to which this plan applies to support ecosystems dependent on the underground water.\nwetlands\nterrestrial vegetation communities\necosystems of which Searys Creek or Teewah Creek form a part\necosystems of which springs form a part\nIn this section—\necological assets include a species, a group of species, a biological function, an ecosystem and a place of natural value that is dependent on attributes of a flow regime to support the asset’s long-term viability.\nflow regime means the entire range of flows at a point in a watercourse including variations in the watercourse height, discharge, seasonality, annual variability and event duration.\nflow-related habitat requirements , of an ecological asset, means the hydraulic or physical attributes of a flow regime that are required—\nfor a particular biological process or response to happen in relation to the asset; or\nto maintain the long-term biological integrity of the asset.\nmovement opportunities of species or groups of species\nfreshwater reaches , of the Mary River and its tributaries, means—\nthe Mary River and its tributaries, upstream of the Mary River Barrage; and\nTinana Creek, upstream of Tinana Barrage.\nGreat Sandy Strait declared Ramsar wetland means Australian Ramsar site number 51 declared under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 17A .\nhigh flow regime means a flow regime comprising flows that—\ncause the movement of material within the bed of a watercourse; and\nsediment, debris, seedlings\ncause either of the following to occur—\nthe water level of the watercourse to rise to the height of either of the outer banks of the watercourse;\nwater to overflow from the watercourse onto a floodplain.\nlow flow regime means a flow regime comprising the minimum flows that provide a continuous flow through a watercourse.\nmedium flow regime means a flow regime comprising of flows that submerge the lower parts of the channel of a watercourse and that, in doing so, improve the connectivity of watercourses.\nnatural flow regime means a flow regime that is characteristic of the variability produced by nature.\nrecruitment , of a fish or other species, means the successful development and growth of a juvenile fish or other species to a stage at which the fish or other species has the ability to reproduce.\nwaterhole means a part of a watercourse that contains water after the watercourse stops flowing, other than a part of the watercourse that is within the storage area of a dam on the watercourse.\n(sec.19-ssec.1) The environmental outcomes for this plan area are— to maintain, and if possible improve, flows of water to which this plan applies that support— native plants and animals, and their freshwater and estuarine habitats; and long-term water quality suitable for riverine and estuarine ecosystems; and to maintain, and if possible improve, the low flow regimes, of the watercourses to which this plan applies, that support ecological assets, for example— riffle habitats; and the quality and persistence of waterholes; and the connectivity of watercourses required over the lifespan of native aquatic species, including to allow for opportunities for movement, spawning and recruitment of the species; and to maintain the medium flow regimes and high flow regimes, of the watercourses to which this plan applies, that support ecological assets, for example— river-forming processes; and riparian systems and their functions; and floodplain and wetland ecosystems; and estuarine ecosystems; and to maintain, and if possible, improve, flows of freshwater to which this plan applies that support ecological processes in the following waters— waters of estuaries that receive flows of water from the plan area; the marine waters of the Great Barrier Reef; the waters of the Great Sandy Strait declared Ramsar wetland; and to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and degradation of water quality, a reduction in habitats for the Mooloolah River, the Noosa River, the Maroochy River and their tributaries—to minimise change to the natural flow regime that supports the rivers and tributaries; and for the freshwater reaches of the Mary River and its tributaries—to maintain, and if possible, improve— the low flow regime of the freshwater reaches; and the flow-related habitat requirements of ecological assets in the freshwater reaches; and Mary River cod, Australian lungfish, Mary River turtle, white-throated snapping turtle for the Burrum River and its tributaries, downstream of Lenthalls Dam—to support freshwater flows that are necessary— for estuarine processes; and to reduce hypersaline conditions in the upper Burrum River estuary; and for the underground water management area—to maintain, and if possible improve, the availability and quality of underground water to which this plan applies to support ecosystems dependent on the underground water. wetlands terrestrial vegetation communities ecosystems of which Searys Creek or Teewah Creek form a part ecosystems of which springs form a part\n(sec.19-ssec.2) In this section— ecological assets include a species, a group of species, a biological function, an ecosystem and a place of natural value that is dependent on attributes of a flow regime to support the asset’s long-term viability. flow regime means the entire range of flows at a point in a watercourse including variations in the watercourse height, discharge, seasonality, annual variability and event duration. flow-related habitat requirements , of an ecological asset, means the hydraulic or physical attributes of a flow regime that are required— for a particular biological process or response to happen in relation to the asset; or to maintain the long-term biological integrity of the asset. movement opportunities of species or groups of species freshwater reaches , of the Mary River and its tributaries, means— the Mary River and its tributaries, upstream of the Mary River Barrage; and Tinana Creek, upstream of Tinana Barrage. Great Sandy Strait declared Ramsar wetland means Australian Ramsar site number 51 declared under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) , section 17A . high flow regime means a flow regime comprising flows that— cause the movement of material within the bed of a watercourse; and sediment, debris, seedlings cause either of the following to occur— the water level of the watercourse to rise to the height of either of the outer banks of the watercourse; water to overflow from the watercourse onto a floodplain. low flow regime means a flow regime comprising the minimum flows that provide a continuous flow through a watercourse. medium flow regime means a flow regime comprising of flows that submerge the lower parts of the channel of a watercourse and that, in doing so, improve the connectivity of watercourses. natural flow regime means a flow regime that is characteristic of the variability produced by nature. recruitment , of a fish or other species, means the successful development and growth of a juvenile fish or other species to a stage at which the fish or other species has the ability to reproduce. waterhole means a part of a watercourse that contains water after the watercourse stops flowing, other than a part of the watercourse that is within the storage area of a dam on the watercourse.\n- (a) to maintain, and if possible improve, flows of water to which this plan applies that support— (i) native plants and animals, and their freshwater and estuarine habitats; and (ii) long-term water quality suitable for riverine and estuarine ecosystems; and\n- (i) native plants and animals, and their freshwater and estuarine habitats; and\n- (ii) long-term water quality suitable for riverine and estuarine ecosystems; and\n- (b) to maintain, and if possible improve, the low flow regimes, of the watercourses to which this plan applies, that support ecological assets, for example— (i) riffle habitats; and (ii) the quality and persistence of waterholes; and (iii) the connectivity of watercourses required over the lifespan of native aquatic species, including to allow for opportunities for movement, spawning and recruitment of the species; and\n- (i) riffle habitats; and\n- (ii) the quality and persistence of waterholes; and\n- (iii) the connectivity of watercourses required over the lifespan of native aquatic species, including to allow for opportunities for movement, spawning and recruitment of the species; and\n- (c) to maintain the medium flow regimes and high flow regimes, of the watercourses to which this plan applies, that support ecological assets, for example— (i) river-forming processes; and (ii) riparian systems and their functions; and (iii) floodplain and wetland ecosystems; and (iv) estuarine ecosystems; and\n- (i) river-forming processes; and\n- (ii) riparian systems and their functions; and\n- (iii) floodplain and wetland ecosystems; and\n- (iv) estuarine ecosystems; and\n- (d) to maintain, and if possible, improve, flows of freshwater to which this plan applies that support ecological processes in the following waters— (i) waters of estuaries that receive flows of water from the plan area; (ii) the marine waters of the Great Barrier Reef; (iii) the waters of the Great Sandy Strait declared Ramsar wetland; and\n- (i) waters of estuaries that receive flows of water from the plan area;\n- (ii) the marine waters of the Great Barrier Reef;\n- (iii) the waters of the Great Sandy Strait declared Ramsar wetland; and\n- (e) to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and Examples of adverse environmental impacts— degradation of water quality, a reduction in habitats\n- (f) for the Mooloolah River, the Noosa River, the Maroochy River and their tributaries—to minimise change to the natural flow regime that supports the rivers and tributaries; and\n- (g) for the freshwater reaches of the Mary River and its tributaries—to maintain, and if possible, improve— (i) the low flow regime of the freshwater reaches; and (ii) the flow-related habitat requirements of ecological assets in the freshwater reaches; and Examples of ecological assets for subparagraph (ii) — Mary River cod, Australian lungfish, Mary River turtle, white-throated snapping turtle\n- (i) the low flow regime of the freshwater reaches; and\n- (ii) the flow-related habitat requirements of ecological assets in the freshwater reaches; and Examples of ecological assets for subparagraph (ii) — Mary River cod, Australian lungfish, Mary River turtle, white-throated snapping turtle\n- (h) for the Burrum River and its tributaries, downstream of Lenthalls Dam—to support freshwater flows that are necessary— (i) for estuarine processes; and (ii) to reduce hypersaline conditions in the upper Burrum River estuary; and\n- (i) for estuarine processes; and\n- (ii) to reduce hypersaline conditions in the upper Burrum River estuary; and\n- (i) for the underground water management area—to maintain, and if possible improve, the availability and quality of underground water to which this plan applies to support ecosystems dependent on the underground water. Examples of ecosystems for paragraph (i) — • wetlands • terrestrial vegetation communities • ecosystems of which Searys Creek or Teewah Creek form a part • ecosystems of which springs form a part\n- • wetlands\n- • terrestrial vegetation communities\n- • ecosystems of which Searys Creek or Teewah Creek form a part\n- • ecosystems of which springs form a part\n- (i) native plants and animals, and their freshwater and estuarine habitats; and\n- (ii) long-term water quality suitable for riverine and estuarine ecosystems; and\n- (i) riffle habitats; and\n- (ii) the quality and persistence of waterholes; and\n- (iii) the connectivity of watercourses required over the lifespan of native aquatic species, including to allow for opportunities for movement, spawning and recruitment of the species; and\n- (i) river-forming processes; and\n- (ii) riparian systems and their functions; and\n- (iii) floodplain and wetland ecosystems; and\n- (iv) estuarine ecosystems; and\n- (i) waters of estuaries that receive flows of water from the plan area;\n- (ii) the marine waters of the Great Barrier Reef;\n- (iii) the waters of the Great Sandy Strait declared Ramsar wetland; and\n- (i) the low flow regime of the freshwater reaches; and\n- (ii) the flow-related habitat requirements of ecological assets in the freshwater reaches; and Examples of ecological assets for subparagraph (ii) — Mary River cod, Australian lungfish, Mary River turtle, white-throated snapping turtle\n- (i) for estuarine processes; and\n- (ii) to reduce hypersaline conditions in the upper Burrum River estuary; and\n- • wetlands\n- • terrestrial vegetation communities\n- • ecosystems of which Searys Creek or Teewah Creek form a part\n- • ecosystems of which springs form a part\n- (a) for a particular biological process or response to happen in relation to the asset; or\n- (b) to maintain the long-term biological integrity of the asset.\n- (a) the Mary River and its tributaries, upstream of the Mary River Barrage; and\n- (b) Tinana Creek, upstream of Tinana Barrage.\n- (a) cause the movement of material within the bed of a watercourse; and Examples of material in the bed of a watercourse— sediment, debris, seedlings\n- (b) cause either of the following to occur— (i) the water level of the watercourse to rise to the height of either of the outer banks of the watercourse; (ii) water to overflow from the watercourse onto a floodplain.\n- (i) the water level of the watercourse to rise to the height of either of the outer banks of the watercourse;\n- (ii) water to overflow from the watercourse onto a floodplain.\n- (i) the water level of the watercourse to rise to the height of either of the outer banks of the watercourse;\n- (ii) water to overflow from the watercourse onto a floodplain.","sortOrder":21},{"sectionNumber":"pt.4","sectionType":"part","heading":"Measures for achieving water plan outcomes","content":"# Measures for achieving water plan outcomes","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"General measures that contribute to achieving water plan outcomes","content":"### sec.20 General measures that contribute to achieving water plan outcomes\n\nA measure that contributes to achieving the water plan outcomes stated in sections 15 to 19 is that a monitoring, evaluation and reporting strategy, to support assessment of the effectiveness of this plan and its implementation, is developed by the chief executive within 12 months after the commencement.\nA measure that contributes to achieving the water plan outcomes stated in sections 16 (a) and 19 (1) (a) to (i) is that water entitlements to take surface water or underground water to which this plan applies are measured as directed by the chief executive by 31 December 2034.\n(sec.20-ssec.1) A measure that contributes to achieving the water plan outcomes stated in sections 15 to 19 is that a monitoring, evaluation and reporting strategy, to support assessment of the effectiveness of this plan and its implementation, is developed by the chief executive within 12 months after the commencement.\n(sec.20-ssec.2) A measure that contributes to achieving the water plan outcomes stated in sections 16 (a) and 19 (1) (a) to (i) is that water entitlements to take surface water or underground water to which this plan applies are measured as directed by the chief executive by 31 December 2034.","sortOrder":23},{"sectionNumber":"pt.5","sectionType":"part","heading":"Objectives and performance indicators","content":"# Objectives and performance indicators","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Environmental flow objectives and performance indicators— Act , s 43","content":"### sec.21 Environmental flow objectives and performance indicators— Act , s 43\n\nFor section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 6 .\nThe performance indicators for the environmental flow objectives for surface water to which this plan applies are stated in schedule 6 .\n(sec.21-ssec.1) For section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 6 .\n(sec.21-ssec.2) The performance indicators for the environmental flow objectives for surface water to which this plan applies are stated in schedule 6 .","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Water allocation security objectives and performance indicators— Act , s 43","content":"### sec.22 Water allocation security objectives and performance indicators— Act , s 43\n\nFor section 43 (1) (e) (ii) of the Act , the water allocation security objectives for surface water to which this plan applies are that—\nthe performance ratio, for each high priority group for each water supply scheme, is not less than 98% of what the performance ratio for the group is on the commencement; and\nthe performance ratio, for each medium priority group for each water supply scheme, is not less than 95% of what the performance ratio for the group is on the commencement.\nThe performance indicators for the water allocation security objectives mentioned in subsection (1) are the performance ratios for each group of water allocations mentioned in subsection (1) (a) and (b) .\nIn this section—\nhigh priority group , for a water supply scheme, means all water allocations to take surface water from the water supply scheme that state they are in the ‘high priority group’.\nmedium priority group , for a water supply scheme, means all water allocations to take surface water from the water supply scheme that state they are in the ‘medium priority group’.\nperformance ratio , for a group of water allocations, means the average annual volume of water that may be taken by holders of all water allocations in the group in the simulation period expressed as a percentage of the total of the nominal volume for all water allocations in the group.\n(sec.22-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objectives for surface water to which this plan applies are that— the performance ratio, for each high priority group for each water supply scheme, is not less than 98% of what the performance ratio for the group is on the commencement; and the performance ratio, for each medium priority group for each water supply scheme, is not less than 95% of what the performance ratio for the group is on the commencement.\n(sec.22-ssec.2) The performance indicators for the water allocation security objectives mentioned in subsection (1) are the performance ratios for each group of water allocations mentioned in subsection (1) (a) and (b) .\n(sec.22-ssec.3) In this section— high priority group , for a water supply scheme, means all water allocations to take surface water from the water supply scheme that state they are in the ‘high priority group’. medium priority group , for a water supply scheme, means all water allocations to take surface water from the water supply scheme that state they are in the ‘medium priority group’. performance ratio , for a group of water allocations, means the average annual volume of water that may be taken by holders of all water allocations in the group in the simulation period expressed as a percentage of the total of the nominal volume for all water allocations in the group.\n- (a) the performance ratio, for each high priority group for each water supply scheme, is not less than 98% of what the performance ratio for the group is on the commencement; and\n- (b) the performance ratio, for each medium priority group for each water supply scheme, is not less than 95% of what the performance ratio for the group is on the commencement.","sortOrder":26},{"sectionNumber":"sec.23","sectionType":"section","heading":"Calculation of performance indicators","content":"### sec.23 Calculation of performance indicators\n\nA performance indicator mentioned in section 21 or 22 must be calculated on the assumption that unallocated water reserved under this plan is being taken.\nSee section 29 for unallocated water reserved under this plan.","sortOrder":27},{"sectionNumber":"pt.6","sectionType":"part","heading":"Strategies for achieving water plan outcomes for surface water","content":"# Strategies for achieving water plan outcomes for surface water","sortOrder":28},{"sectionNumber":"sec.24","sectionType":"section","heading":"Definition for part","content":"### sec.24 Definition for part\n\nIn this part—\ndecision means a decision made by the chief executive under chapter 2 of the Act about the allocation or management of surface water to which this plan applies.","sortOrder":29},{"sectionNumber":"sec.25","sectionType":"section","heading":"Particular decisions must be consistent with particular objectives","content":"### sec.25 Particular decisions must be consistent with particular objectives\n\nA decision must be consistent with—\nthe environmental flow objectives stated in section 21 (1) ; and\nthe water allocation security objectives stated in section 22 (1) .\nSubsection (1) does not apply to a decision about a water permit.\n(sec.25-ssec.1) A decision must be consistent with— the environmental flow objectives stated in section 21 (1) ; and the water allocation security objectives stated in section 22 (1) .\n(sec.25-ssec.2) Subsection (1) does not apply to a decision about a water permit.\n- (a) the environmental flow objectives stated in section 21 (1) ; and\n- (b) the water allocation security objectives stated in section 22 (1) .","sortOrder":30},{"sectionNumber":"sec.26","sectionType":"section","heading":"Decisions about surface water in significant watercourse reaches","content":"### sec.26 Decisions about surface water in significant watercourse reaches\n\nA decision about surface water in a significant watercourse reach must ensure the cultural values and environmental values of the significant watercourse reach are maintained.\nWhen making a decision about the conditions that will apply to an authorisation to take surface water from a significant watercourse reach, the chief executive must impose on the authorisation any flow conditions, stated in the water management protocol for this plan, that relate to the taking of surface water from the significant watercourse reach.\nThis section does not—\napply to a decision about any of the following—\na seasonal water assignment;\na water licence that has the stated purpose of ‘urban’;\nreinstating a water licence; or\nlimit the restrictions that may be imposed on the allocation or management of surface water in the significant watercourse reach.\nIn this section—\ncultural values , of a significant watercourse reach, include the cultural values of the traditional owners of the area in which the reach is located.\nenvironmental values , of a significant watercourse reach, include the following matters—\nthe water quality of the reach;\nthe in-stream habitats associated with the reach;\nthe riparian vegetation associated with the reach;\nthe movement of fish, and other aquatic species, in the reach;\nthe natural movement of sediment in the reach.\n(sec.26-ssec.1) A decision about surface water in a significant watercourse reach must ensure the cultural values and environmental values of the significant watercourse reach are maintained.\n(sec.26-ssec.2) When making a decision about the conditions that will apply to an authorisation to take surface water from a significant watercourse reach, the chief executive must impose on the authorisation any flow conditions, stated in the water management protocol for this plan, that relate to the taking of surface water from the significant watercourse reach.\n(sec.26-ssec.3) This section does not— apply to a decision about any of the following— a seasonal water assignment; a water licence that has the stated purpose of ‘urban’; reinstating a water licence; or limit the restrictions that may be imposed on the allocation or management of surface water in the significant watercourse reach.\n(sec.26-ssec.4) In this section— cultural values , of a significant watercourse reach, include the cultural values of the traditional owners of the area in which the reach is located. environmental values , of a significant watercourse reach, include the following matters— the water quality of the reach; the in-stream habitats associated with the reach; the riparian vegetation associated with the reach; the movement of fish, and other aquatic species, in the reach; the natural movement of sediment in the reach.\n- (a) apply to a decision about any of the following— (i) a seasonal water assignment; (ii) a water licence that has the stated purpose of ‘urban’; (iii) reinstating a water licence; or\n- (i) a seasonal water assignment;\n- (ii) a water licence that has the stated purpose of ‘urban’;\n- (iii) reinstating a water licence; or\n- (b) limit the restrictions that may be imposed on the allocation or management of surface water in the significant watercourse reach.\n- (i) a seasonal water assignment;\n- (ii) a water licence that has the stated purpose of ‘urban’;\n- (iii) reinstating a water licence; or\n- (a) the water quality of the reach;\n- (b) the in-stream habitats associated with the reach;\n- (c) the riparian vegetation associated with the reach;\n- (d) the movement of fish, and other aquatic species, in the reach;\n- (e) the natural movement of sediment in the reach.","sortOrder":31},{"sectionNumber":"sec.27","sectionType":"section","heading":"Assessing consistency with particular objectives","content":"### sec.27 Assessing consistency with particular objectives\n\nTo assess the consistency of a decision with the environmental flow objectives and the water allocation security objectives, the model computer program’s simulation for the simulation period must be used.\nIf it is not practicable to use the model computer program’s simulation, another kind of assessment approved by the chief executive may be used.\n(sec.27-ssec.1) To assess the consistency of a decision with the environmental flow objectives and the water allocation security objectives, the model computer program’s simulation for the simulation period must be used.\n(sec.27-ssec.2) If it is not practicable to use the model computer program’s simulation, another kind of assessment approved by the chief executive may be used.","sortOrder":32},{"sectionNumber":"pt.7","sectionType":"part","heading":"Limitations on taking or interfering with water","content":"# Limitations on taking or interfering with water","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Limitations on taking or interfering with underground water in underground water management area— Act , s 101","content":"### sec.28 Limitations on taking or interfering with underground water in underground water management area— Act , s 101\n\nFor section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water in the underground water management area unless the water is taken or interfered with—\nunder a water entitlement or water permit; or\nfor stock purposes or domestic purposes using existing underground water works.\nIn this section—\nexisting underground water works means works that—\nare used, or are capable of being used, to take or interfere with underground water to which this plan applies; and\neither—\nwere constructed—\nbefore 28 July 2006; or\nduring a period when the owner of the works did not have access to a reticulated town water supply; or\nare a replacement water bore that replaces works mentioned in subparagraph (i) .\nreplacement water bore see the Water Regulation 2016 , schedule 19 .\n(sec.28-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water in the underground water management area unless the water is taken or interfered with— under a water entitlement or water permit; or for stock purposes or domestic purposes using existing underground water works.\n(sec.28-ssec.2) In this section— existing underground water works means works that— are used, or are capable of being used, to take or interfere with underground water to which this plan applies; and either— were constructed— before 28 July 2006; or during a period when the owner of the works did not have access to a reticulated town water supply; or are a replacement water bore that replaces works mentioned in subparagraph (i) . replacement water bore see the Water Regulation 2016 , schedule 19 .\n- (a) under a water entitlement or water permit; or\n- (b) for stock purposes or domestic purposes using existing underground water works.\n- (a) are used, or are capable of being used, to take or interfere with underground water to which this plan applies; and\n- (b) either— (i) were constructed— (A) before 28 July 2006; or (B) during a period when the owner of the works did not have access to a reticulated town water supply; or (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .\n- (i) were constructed— (A) before 28 July 2006; or (B) during a period when the owner of the works did not have access to a reticulated town water supply; or\n- (A) before 28 July 2006; or\n- (B) during a period when the owner of the works did not have access to a reticulated town water supply; or\n- (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .\n- (i) were constructed— (A) before 28 July 2006; or (B) during a period when the owner of the works did not have access to a reticulated town water supply; or\n- (A) before 28 July 2006; or\n- (B) during a period when the owner of the works did not have access to a reticulated town water supply; or\n- (ii) are a replacement water bore that replaces works mentioned in subparagraph (i) .\n- (A) before 28 July 2006; or\n- (B) during a period when the owner of the works did not have access to a reticulated town water supply; or","sortOrder":34},{"sectionNumber":"pt.8","sectionType":"part","heading":"Unallocated water","content":"# Unallocated water","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Unallocated water reserved under this plan— Act , s 43","content":"### sec.29 Unallocated water reserved under this plan— Act , s 43\n\nThe unallocated water reserved under this plan is held as 1 or more of the following types of reserves—\na strategic reserve;\nan Indigenous reserve;\na general reserve.\nFor section 43 (1) (c) of the Act —\nthe volume of unallocated surface water held as a strategic reserve is 70,485ML; and\nthe volume of unallocated surface water held as an Indigenous reserve is 7,040ML; and\nthe volume of unallocated surface water held as a general reserve is 2,360ML.\nA volume of surface water held as a reserve under subsection (2) must not be exceeded by the combined average annual volume of surface water for all water entitlements granted in accordance with unallocated water release processes related to the reserve.\nFor section 43 (1) (c) of the Act —\nthe volume of unallocated underground water held as an Indigenous reserve is 60ML; and\nthe volume of unallocated underground water held as a general reserve is 40ML.\nA volume of underground water held as a reserve under subsection (4) must not be exceeded by the combined nominal entitlement for all water licences granted in accordance with unallocated water release processes related to the reserve.\n(sec.29-ssec.1) The unallocated water reserved under this plan is held as 1 or more of the following types of reserves— a strategic reserve; an Indigenous reserve; a general reserve.\n(sec.29-ssec.2) For section 43 (1) (c) of the Act — the volume of unallocated surface water held as a strategic reserve is 70,485ML; and the volume of unallocated surface water held as an Indigenous reserve is 7,040ML; and the volume of unallocated surface water held as a general reserve is 2,360ML.\n(sec.29-ssec.3) A volume of surface water held as a reserve under subsection (2) must not be exceeded by the combined average annual volume of surface water for all water entitlements granted in accordance with unallocated water release processes related to the reserve.\n(sec.29-ssec.4) For section 43 (1) (c) of the Act — the volume of unallocated underground water held as an Indigenous reserve is 60ML; and the volume of unallocated underground water held as a general reserve is 40ML.\n(sec.29-ssec.5) A volume of underground water held as a reserve under subsection (4) must not be exceeded by the combined nominal entitlement for all water licences granted in accordance with unallocated water release processes related to the reserve.\n- (a) a strategic reserve;\n- (b) an Indigenous reserve;\n- (c) a general reserve.\n- (a) the volume of unallocated surface water held as a strategic reserve is 70,485ML; and\n- (b) the volume of unallocated surface water held as an Indigenous reserve is 7,040ML; and\n- (c) the volume of unallocated surface water held as a general reserve is 2,360ML.\n- (a) the volume of unallocated underground water held as an Indigenous reserve is 60ML; and\n- (b) the volume of unallocated underground water held as a general reserve is 40ML.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Purpose for which unallocated water held as reserve may be granted","content":"### sec.30 Purpose for which unallocated water held as reserve may be granted\n\nUnallocated water held as a strategic reserve may be granted for a State purpose.\nUnallocated water held as an Indigenous reserve may be granted to the traditional owners of the plan area for an Indigenous purpose.\nUnallocated water held as a general reserve may be granted for any purpose.\nIn this section—\nIndigenous purpose means a use for the purpose of helping the traditional owners of the plan area achieve their economic, social and cultural aspirations.\nState purpose means—\na coordinated project; or\na project of regional significance; or\na town water supply purpose.\n(sec.30-ssec.1) Unallocated water held as a strategic reserve may be granted for a State purpose.\n(sec.30-ssec.2) Unallocated water held as an Indigenous reserve may be granted to the traditional owners of the plan area for an Indigenous purpose.\n(sec.30-ssec.3) Unallocated water held as a general reserve may be granted for any purpose.\n(sec.30-ssec.4) In this section— Indigenous purpose means a use for the purpose of helping the traditional owners of the plan area achieve their economic, social and cultural aspirations. State purpose means— a coordinated project; or a project of regional significance; or a town water supply purpose.\n- (a) a coordinated project; or\n- (b) a project of regional significance; or\n- (c) a town water supply purpose.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Processes for releasing unallocated water— Act , s 43","content":"### sec.31 Processes for releasing unallocated water— Act , s 43\n\nFor section 43 (2) (f) of the Act —\nthe process for releasing unallocated water held as a strategic reserve is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; and\nthe process for releasing unallocated water held as an Indigenous reserve is a process stated in the water management protocol for this plan.\nFor the process for releasing unallocated water held as a general reserve, see the Water Regulation 2016 , part 2 , division 2 , subdivision 2 and section 40 of the Act .\n- (a) the process for releasing unallocated water held as a strategic reserve is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; and\n- (b) the process for releasing unallocated water held as an Indigenous reserve is a process stated in the water management protocol for this plan.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.32 Matters chief executive must consider\n\nIn implementing a process for dealing with unallocated water held as a general reserve or strategic reserve, the chief executive must consider—\nthe need for, and efficiency of, current and proposed uses of water, including, for example—\nthe extent to which water is currently being taken under water licences and statutory authorisations to take or interfere with water in the plan area; and\nemerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and\nwater savings that may be made by improving the efficiency with which water is taken and used; and\nthe availability of an alternative water supply for the purpose for which water is required; and\nthe impact the proposed taking of, or interfering with, water may have on the following—\nwater quality;\ninundation of habitats;\nthe movement of fish and other aquatic species;\nthe natural movement of sediment;\nexisting water users in the plan area, including towns and communities dependent on the water resources for the plan area for the supply of urban water to the town or community;\nrecreational or social use and aesthetic enjoyment;\ncultural values, including, for example, cultural values of the traditional owners of the plan area; and\nwhether the proposed taking of water is to take surface water from a significant watercourse reach; and\nwhether the proposed taking of, or interfering with, water is likely to—\nhave a direct adverse effect on the underground water management area; or\ndegrade land or downstream watercourses.\nincreased salinity of land or downstream watercourses\n- (a) the need for, and efficiency of, current and proposed uses of water, including, for example— (i) the extent to which water is currently being taken under water licences and statutory authorisations to take or interfere with water in the plan area; and (ii) emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and (iii) water savings that may be made by improving the efficiency with which water is taken and used; and\n- (i) the extent to which water is currently being taken under water licences and statutory authorisations to take or interfere with water in the plan area; and\n- (ii) emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and\n- (iii) water savings that may be made by improving the efficiency with which water is taken and used; and\n- (b) the availability of an alternative water supply for the purpose for which water is required; and\n- (c) the impact the proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) inundation of habitats; (iii) the movement of fish and other aquatic species; (iv) the natural movement of sediment; (v) existing water users in the plan area, including towns and communities dependent on the water resources for the plan area for the supply of urban water to the town or community; (vi) recreational or social use and aesthetic enjoyment; (vii) cultural values, including, for example, cultural values of the traditional owners of the plan area; and\n- (i) water quality;\n- (ii) inundation of habitats;\n- (iii) the movement of fish and other aquatic species;\n- (iv) the natural movement of sediment;\n- (v) existing water users in the plan area, including towns and communities dependent on the water resources for the plan area for the supply of urban water to the town or community;\n- (vi) recreational or social use and aesthetic enjoyment;\n- (vii) cultural values, including, for example, cultural values of the traditional owners of the plan area; and\n- (d) whether the proposed taking of water is to take surface water from a significant watercourse reach; and\n- (e) whether the proposed taking of, or interfering with, water is likely to— (i) have a direct adverse effect on the underground water management area; or (ii) degrade land or downstream watercourses. Example of degradation of land or downstream watercourses— increased salinity of land or downstream watercourses\n- (i) have a direct adverse effect on the underground water management area; or\n- (ii) degrade land or downstream watercourses. Example of degradation of land or downstream watercourses— increased salinity of land or downstream watercourses\n- (i) the extent to which water is currently being taken under water licences and statutory authorisations to take or interfere with water in the plan area; and\n- (ii) emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and\n- (iii) water savings that may be made by improving the efficiency with which water is taken and used; and\n- (i) water quality;\n- (ii) inundation of habitats;\n- (iii) the movement of fish and other aquatic species;\n- (iv) the natural movement of sediment;\n- (v) existing water users in the plan area, including towns and communities dependent on the water resources for the plan area for the supply of urban water to the town or community;\n- (vi) recreational or social use and aesthetic enjoyment;\n- (vii) cultural values, including, for example, cultural values of the traditional owners of the plan area; and\n- (i) have a direct adverse effect on the underground water management area; or\n- (ii) degrade land or downstream watercourses. Example of degradation of land or downstream watercourses— increased salinity of land or downstream watercourses","sortOrder":39},{"sectionNumber":"pt.9","sectionType":"part","heading":"Water licences","content":"# Water licences","sortOrder":40},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Applications for water licences that must not be accepted","content":"## Applications for water licences that must not be accepted","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Chief executive must not accept particular applications— Act , s 43","content":"### sec.33 Chief executive must not accept particular applications— Act , s 43\n\nFor section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section 107 of the Act unless—\nthe chief executive is permitted to accept the application under this division; or\nthe application is for a water licence that will state the purpose of ‘relift’; or\nthe application is for a water licence, to take unallocated water held as a general reserve or strategic reserve, that may be granted in accordance with an unallocated water release process.\n- (a) the chief executive is permitted to accept the application under this division; or\n- (b) the application is for a water licence that will state the purpose of ‘relift’; or\n- (c) the application is for a water licence, to take unallocated water held as a general reserve or strategic reserve, that may be granted in accordance with an unallocated water release process.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Particular applications to interfere with flow of surface water","content":"### sec.34 Particular applications to interfere with flow of surface water\n\nThis section applies in relation to an application for a water licence to interfere with the flow of surface water to which this plan applies.\nThe chief executive may accept the application if—\nthe applicant is a constructing authority and the purpose of the proposed interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or\nthe applicant is a water service provider or a proponent of a relevant project, and the purpose of the proposed interference is to enable the applicant to lawfully—\nconstruct or maintain infrastructure to improve security for town water supplies in the plan area; or\ndivert surface water required for storing and generating energy in the plan area; or\nif the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area.\nThe chief executive may also accept the application if—\nthe water the subject of the application was being interfered with immediately before the commencement; and\nthe interference has been continuous from immediately before the commencement; and\nthe interference is not authorised under a water licence to interfere with the flow of surface water to which this plan applies.\nIn this section—\nproponent , of a relevant project, means the person who proposes the project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project.\nrelevant project means—\na coordinated project; or\na project of regional significance.\n(sec.34-ssec.1) This section applies in relation to an application for a water licence to interfere with the flow of surface water to which this plan applies.\n(sec.34-ssec.2) The chief executive may accept the application if— the applicant is a constructing authority and the purpose of the proposed interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or the applicant is a water service provider or a proponent of a relevant project, and the purpose of the proposed interference is to enable the applicant to lawfully— construct or maintain infrastructure to improve security for town water supplies in the plan area; or divert surface water required for storing and generating energy in the plan area; or if the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area.\n(sec.34-ssec.3) The chief executive may also accept the application if— the water the subject of the application was being interfered with immediately before the commencement; and the interference has been continuous from immediately before the commencement; and the interference is not authorised under a water licence to interfere with the flow of surface water to which this plan applies.\n(sec.34-ssec.4) In this section— proponent , of a relevant project, means the person who proposes the project and includes a person who, under an agreement or other arrangement with the person who is the existing proponent of the project, later proposes the project. relevant project means— a coordinated project; or a project of regional significance.\n- (a) the applicant is a constructing authority and the purpose of the proposed interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or\n- (b) the applicant is a water service provider or a proponent of a relevant project, and the purpose of the proposed interference is to enable the applicant to lawfully— (i) construct or maintain infrastructure to improve security for town water supplies in the plan area; or (ii) divert surface water required for storing and generating energy in the plan area; or (iii) if the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area.\n- (i) construct or maintain infrastructure to improve security for town water supplies in the plan area; or\n- (ii) divert surface water required for storing and generating energy in the plan area; or\n- (iii) if the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area.\n- (i) construct or maintain infrastructure to improve security for town water supplies in the plan area; or\n- (ii) divert surface water required for storing and generating energy in the plan area; or\n- (iii) if the application is to be decided in accordance with an unallocated water release process—take water to supply town water in the plan area.\n- (a) the water the subject of the application was being interfered with immediately before the commencement; and\n- (b) the interference has been continuous from immediately before the commencement; and\n- (c) the interference is not authorised under a water licence to interfere with the flow of surface water to which this plan applies.\n- (a) a coordinated project; or\n- (b) a project of regional significance.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Applications by local governments for water licences to take or interfere with underground water in underground water management area","content":"### sec.35 Applications by local governments for water licences to take or interfere with underground water in underground water management area\n\nThis section applies in relation to an application made by a local government for a water licence to take or interfere with underground water in the underground water management area.\nThe chief executive may accept the application if the purpose of the proposed taking is to supply town water.\n(sec.35-ssec.1) This section applies in relation to an application made by a local government for a water licence to take or interfere with underground water in the underground water management area.\n(sec.35-ssec.2) The chief executive may accept the application if the purpose of the proposed taking is to supply town water.","sortOrder":44},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Applications inconsistent with this plan","content":"## Applications inconsistent with this plan","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Particular applications for dealings inconsistent with this plan","content":"### sec.36 Particular applications for dealings inconsistent with this plan\n\nThe granting of an application made under section 121 of the Act for a dealing with a water licence in relation to surface water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) or (b) of the Act .\nSee section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\nHowever, subsection (1) does not apply to any of the following applications—\nan application the chief executive may decide to grant under section 42 ;\nan application for a dealing with a water licence if the dealing is—\nan amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or\nan amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or\na dealing permitted under the water management protocol for this plan;\nan application to increase the interference with the flow of surface water to which this plan applies if—\nthe applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or\nthe applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area.\nSee section 130 of the Act for how an application mentioned in this subsection must be assessed.\nAlso, subsection (1) does not apply to an application made by a water service provider—\nto do either of the following for the purpose of enabling the applicant to lawfully supply urban water to towns and communities dependent on the water resources for the plan area—\nincrease the rate of the taking of surface water to which this plan applies;\nchange the location of the taking or interference with water under the licence; or\nto amend a water licence to add, remove or change a condition of the licence for a town water supply purpose.\nSee section 130 of the Act for how an application mentioned in this subsection must be assessed.\n(sec.36-ssec.1) The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to surface water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) or (b) of the Act . See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\n(sec.36-ssec.2) However, subsection (1) does not apply to any of the following applications— an application the chief executive may decide to grant under section 42 ; an application for a dealing with a water licence if the dealing is— an amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or an amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or a dealing permitted under the water management protocol for this plan; an application to increase the interference with the flow of surface water to which this plan applies if— the applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or the applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area. See section 130 of the Act for how an application mentioned in this subsection must be assessed.\n(sec.36-ssec.3) Also, subsection (1) does not apply to an application made by a water service provider— to do either of the following for the purpose of enabling the applicant to lawfully supply urban water to towns and communities dependent on the water resources for the plan area— increase the rate of the taking of surface water to which this plan applies; change the location of the taking or interference with water under the licence; or to amend a water licence to add, remove or change a condition of the licence for a town water supply purpose. See section 130 of the Act for how an application mentioned in this subsection must be assessed.\n- (a) an application the chief executive may decide to grant under section 42 ;\n- (b) an application for a dealing with a water licence if the dealing is— (i) an amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or (ii) an amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or (iii) a dealing permitted under the water management protocol for this plan;\n- (i) an amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or\n- (ii) an amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or\n- (iii) a dealing permitted under the water management protocol for this plan;\n- (c) an application to increase the interference with the flow of surface water to which this plan applies if— (i) the applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or (ii) the applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area.\n- (i) the applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or\n- (ii) the applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area.\n- (i) an amendment of the water licence required to enable the applicant to lawfully take or divert water for storing and generating energy in the plan area; or\n- (ii) an amendment of the water licence that states a purpose of ‘relift’ to add, remove or change a condition of the licence; or\n- (iii) a dealing permitted under the water management protocol for this plan;\n- (i) the applicant is a constructing authority and the purpose of the proposed increased interference is to divert surface water to enable the applicant to lawfully construct or maintain infrastructure in the plan area; or\n- (ii) the applicant is a water service provider and the purpose of the proposed increased interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for a town water supply in the plan area.\n- (a) to do either of the following for the purpose of enabling the applicant to lawfully supply urban water to towns and communities dependent on the water resources for the plan area— (i) increase the rate of the taking of surface water to which this plan applies; (ii) change the location of the taking or interference with water under the licence; or\n- (i) increase the rate of the taking of surface water to which this plan applies;\n- (ii) change the location of the taking or interference with water under the licence; or\n- (b) to amend a water licence to add, remove or change a condition of the licence for a town water supply purpose.\n- (i) increase the rate of the taking of surface water to which this plan applies;\n- (ii) change the location of the taking or interference with water under the licence; or","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Applications to amend purpose for which water may be taken","content":"### sec.37 Applications to amend purpose for which water may be taken\n\nThis section applies in relation to an application, made under section 121 of the Act , for a dealing if the dealing is the amendment of a water licence to change the purpose for which water to which this plan applies may be taken under the licence.\nThe granting of the application is inconsistent with this plan unless the change of purpose is from ‘stock and domestic’ to ‘any’.\nSee section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.\n(sec.37-ssec.1) This section applies in relation to an application, made under section 121 of the Act , for a dealing if the dealing is the amendment of a water licence to change the purpose for which water to which this plan applies may be taken under the licence.\n(sec.37-ssec.2) The granting of the application is inconsistent with this plan unless the change of purpose is from ‘stock and domestic’ to ‘any’. See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan.","sortOrder":47},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Granting particular water licences","content":"## Granting particular water licences","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Water licences to interfere with water to improve security for town water supply","content":"### sec.38 Water licences to interfere with water to improve security for town water supply\n\nThis section applies in relation to an application for a water licence, other than an application mentioned in section 34 (3) , to interfere with the flow of surface water to which this plan applies if—\nthe applicant is a water service provider; and\nthe purpose of the proposed interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for town water supplies in the plan area.\nIn deciding the application, the chief executive must consider the impact the proposed interference may have on the following matters—\nwater quality;\ninundation of habitats;\nthe movement of fish and other aquatic species;\nthe natural movement of sediment;\nexisting water entitlements and other authorisations;\nrecreational or social use and aesthetic enjoyment;\ncultural values, including, for example, cultural values of the traditional owners of the plan area.\nThe chief executive may grant the application if—\nthe chief executive is satisfied, after considering the impact mentioned in subsection (2) , that appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and\nthe chief executive is satisfied there is a need for an increased reliability of the water supply.\n(sec.38-ssec.1) This section applies in relation to an application for a water licence, other than an application mentioned in section 34 (3) , to interfere with the flow of surface water to which this plan applies if— the applicant is a water service provider; and the purpose of the proposed interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for town water supplies in the plan area.\n(sec.38-ssec.2) In deciding the application, the chief executive must consider the impact the proposed interference may have on the following matters— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; existing water entitlements and other authorisations; recreational or social use and aesthetic enjoyment; cultural values, including, for example, cultural values of the traditional owners of the plan area.\n(sec.38-ssec.3) The chief executive may grant the application if— the chief executive is satisfied, after considering the impact mentioned in subsection (2) , that appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and the chief executive is satisfied there is a need for an increased reliability of the water supply.\n- (a) the applicant is a water service provider; and\n- (b) the purpose of the proposed interference is to enable the applicant to lawfully construct or maintain infrastructure to improve security for town water supplies in the plan area.\n- (a) water quality;\n- (b) inundation of habitats;\n- (c) the movement of fish and other aquatic species;\n- (d) the natural movement of sediment;\n- (e) existing water entitlements and other authorisations;\n- (f) recreational or social use and aesthetic enjoyment;\n- (g) cultural values, including, for example, cultural values of the traditional owners of the plan area.\n- (a) the chief executive is satisfied, after considering the impact mentioned in subsection (2) , that appropriate water supply security strategies, including water demand strategies and plans for drought management, are in place; and\n- (b) the chief executive is satisfied there is a need for an increased reliability of the water supply.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Water licences granted under process stated in plan— Act , s 116","content":"### sec.39 Water licences granted under process stated in plan— Act , s 116\n\nFor section 116 (1) of the Act , the chief executive must decide to grant a water licence to take, or interfere with the flow of, water to which this plan applies if a water entitlement notice for this plan provides for the granting of the licence.\nSee also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Conditions for particular licences to interfere with water","content":"### sec.40 Conditions for particular licences to interfere with water\n\nThis section applies in relation to a water licence to take water to which this plan applies ( licence to take ) granted to a water service provider in accordance with an unallocated water release process.\nIf the water service provider holds a licence to interfere with water and the water the subject of the licence to interfere is water to which the licence to take applies, the chief executive must—\nreview the conditions, if any, of the licence to interfere with water; and\nimpose on the licence to interfere with water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\n(sec.40-ssec.1) This section applies in relation to a water licence to take water to which this plan applies ( licence to take ) granted to a water service provider in accordance with an unallocated water release process.\n(sec.40-ssec.2) If the water service provider holds a licence to interfere with water and the water the subject of the licence to interfere is water to which the licence to take applies, the chief executive must— review the conditions, if any, of the licence to interfere with water; and impose on the licence to interfere with water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\n- (a) review the conditions, if any, of the licence to interfere with water; and\n- (b) impose on the licence to interfere with water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.","sortOrder":51},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Replacement of water licences","content":"## Replacement of water licences","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Water licences replaced under water entitlement notice","content":"### sec.41 Water licences replaced under water entitlement notice\n\nThis section applies if, under section 70 (1) (h) of the Act , a water entitlement notice for this plan provides for a water licence (the former licence ) to be replaced with 2 or more water licences (each a new licence ).\nDivision 6 applies in relation to a new licence as if—\na reference in that division to an amended licence were a reference to the new licence; and\na reference in that division to a pre-amended licence were a reference to the former licence, to the extent the former licence authorised the taking of the water for the purpose or purposes that water may be taken under the new licence.\n(sec.41-ssec.1) This section applies if, under section 70 (1) (h) of the Act , a water entitlement notice for this plan provides for a water licence (the former licence ) to be replaced with 2 or more water licences (each a new licence ).\n(sec.41-ssec.2) Division 6 applies in relation to a new licence as if— a reference in that division to an amended licence were a reference to the new licence; and a reference in that division to a pre-amended licence were a reference to the former licence, to the extent the former licence authorised the taking of the water for the purpose or purposes that water may be taken under the new licence.\n- (a) a reference in that division to an amended licence were a reference to the new licence; and\n- (b) a reference in that division to a pre-amended licence were a reference to the former licence, to the extent the former licence authorised the taking of the water for the purpose or purposes that water may be taken under the new licence.","sortOrder":53},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Applications for seasonal water assignments","content":"## Applications for seasonal water assignments","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Deciding applications for seasonal water assignments— Act , s 43","content":"### sec.42 Deciding applications for seasonal water assignments— Act , s 43\n\nFor section 43 (2) (i) of the Act , the chief executive may decide to grant an application for a seasonal water assignment of a water licence if the seasonal water assignment of the licence is permitted under the water management protocol for this plan.","sortOrder":55},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Content and conditions of water licences","content":"## Content and conditions of water licences","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Definitions for division","content":"### sec.43 Definitions for division\n\nIn this division—\namended licence means a water licence amended under section 133 of the Act for consistency with this plan.\npre-amended licence , in relation to an amended licence, means the water licence immediately before it is amended under section 133 of the Act for consistency with this plan.","sortOrder":57},{"sectionNumber":"sec.44","sectionType":"section","heading":"Content and conditions of water licences to take water","content":"### sec.44 Content and conditions of water licences to take water\n\nA water licence to take water to which this plan applies must state—\nthe purpose for which water may be taken under the licence; and\nthe nominal entitlement for the licence; and\nthe conditions, if any, for the licence; and\nfor a water licence to take surface water—the maximum rate at which the water may be taken under the licence.\nHowever, subsection (1) (b) and (d) does not apply to a licence that states a purpose of ‘relift’.\nA water licence to take underground water to which this plan applies may state—\nthe maximum rate at which the water may be taken under the licence; and\nthe maximum daily volume for the licence.\nIn this section—\nmaximum daily volume , for a water licence, means the maximum volume of water that may be taken under the licence in a day.\n(sec.44-ssec.1) A water licence to take water to which this plan applies must state— the purpose for which water may be taken under the licence; and the nominal entitlement for the licence; and the conditions, if any, for the licence; and for a water licence to take surface water—the maximum rate at which the water may be taken under the licence.\n(sec.44-ssec.2) However, subsection (1) (b) and (d) does not apply to a licence that states a purpose of ‘relift’.\n(sec.44-ssec.3) A water licence to take underground water to which this plan applies may state— the maximum rate at which the water may be taken under the licence; and the maximum daily volume for the licence.\n(sec.44-ssec.4) In this section— maximum daily volume , for a water licence, means the maximum volume of water that may be taken under the licence in a day.\n- (a) the purpose for which water may be taken under the licence; and\n- (b) the nominal entitlement for the licence; and\n- (c) the conditions, if any, for the licence; and\n- (d) for a water licence to take surface water—the maximum rate at which the water may be taken under the licence.\n- (a) the maximum rate at which the water may be taken under the licence; and\n- (b) the maximum daily volume for the licence.","sortOrder":58},{"sectionNumber":"sec.45","sectionType":"section","heading":"Purpose to be stated on water licences to take surface water","content":"### sec.45 Purpose to be stated on water licences to take surface water\n\nSubject to subsection (2) , the purpose to be stated on a water licence to take surface water to which this plan applies must be—\n‘stock and domestic’; or\n‘urban’; or\n‘relift’; or\n‘any’.\nIf the water licence is an amended licence, the purpose to be stated on the licence must be—\nif the only purpose stated on the pre-amended licence is ‘stock and domestic’ or a similar purpose—‘stock and domestic’; or\nif the only purpose stated on the pre-amended licence is ‘urban’ or ‘town water supply’—‘urban’; or\nif the only purpose stated on the pre-amended licence is ‘relift’—‘relift’; or\notherwise—‘any’.\n(sec.45-ssec.1) Subject to subsection (2) , the purpose to be stated on a water licence to take surface water to which this plan applies must be— ‘stock and domestic’; or ‘urban’; or ‘relift’; or ‘any’.\n(sec.45-ssec.2) If the water licence is an amended licence, the purpose to be stated on the licence must be— if the only purpose stated on the pre-amended licence is ‘stock and domestic’ or a similar purpose—‘stock and domestic’; or if the only purpose stated on the pre-amended licence is ‘urban’ or ‘town water supply’—‘urban’; or if the only purpose stated on the pre-amended licence is ‘relift’—‘relift’; or otherwise—‘any’.\n- (a) ‘stock and domestic’; or\n- (b) ‘urban’; or\n- (c) ‘relift’; or\n- (d) ‘any’.\n- (a) if the only purpose stated on the pre-amended licence is ‘stock and domestic’ or a similar purpose—‘stock and domestic’; or\n- (b) if the only purpose stated on the pre-amended licence is ‘urban’ or ‘town water supply’—‘urban’; or\n- (c) if the only purpose stated on the pre-amended licence is ‘relift’—‘relift’; or\n- (d) otherwise—‘any’.","sortOrder":59},{"sectionNumber":"sec.46","sectionType":"section","heading":"Purpose to be stated on water licences to take underground water granted in accordance with unallocated water release processes","content":"### sec.46 Purpose to be stated on water licences to take underground water granted in accordance with unallocated water release processes\n\nThis section applies in relation to a water licence to take underground water to which this plan applies that is granted after the commencement in accordance with an unallocated water release process.\nThe purpose to be stated on the licence must be ‘any’.\n(sec.46-ssec.1) This section applies in relation to a water licence to take underground water to which this plan applies that is granted after the commencement in accordance with an unallocated water release process.\n(sec.46-ssec.2) The purpose to be stated on the licence must be ‘any’.","sortOrder":60},{"sectionNumber":"sec.47","sectionType":"section","heading":"Nominal entitlement for water licences granted in accordance with unallocated water release processes","content":"### sec.47 Nominal entitlement for water licences granted in accordance with unallocated water release processes\n\nThis section applies for working out, for section 44 (1) (b) , the nominal entitlement for a water licence to take water to which this plan applies that is granted after the commencement in accordance with an unallocated water release process.\nThe nominal entitlement for the licence must be the volume of water worked out in accordance with the unallocated water release process.\n(sec.47-ssec.1) This section applies for working out, for section 44 (1) (b) , the nominal entitlement for a water licence to take water to which this plan applies that is granted after the commencement in accordance with an unallocated water release process.\n(sec.47-ssec.2) The nominal entitlement for the licence must be the volume of water worked out in accordance with the unallocated water release process.","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Working out nominal entitlement for other water licences","content":"### sec.48 Working out nominal entitlement for other water licences\n\nThis section applies for working out, for section 44 (1) (b) , the nominal entitlement for a water licence to take water to which this plan applies, other than a water licence to which section 47 applies.\nThe nominal entitlement for the water licence must be the volume of water decided by the chief executive, after considering the matters stated in subsection (5) , if—\nthe licence is granted after the commencement; or\nthe licence is an amended licence and the nominal entitlement for the licence can not be worked out under subsection (3) or (4) ; or\nall of the following apply—\nthe licence is an amended licence;\nthe pre-amended licence does not state, whether as a condition or otherwise—\nthe total volume of water that may be taken under the licence in a water year; or\na volume of water that may be taken under the licence in a water year for 1 or more stated purposes;\nthe chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence.\nThe nominal entitlement for an amended licence must be 1 of the following volumes, in decreasing order of priority—\nif the pre-amended licence states, whether as a condition or otherwise, the total volume of water that may be taken under the licence in a water year—the stated volume;\nif the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume of water calculated by multiplying the stated area by 6;\nif the purpose for which water may be taken under the pre-amended licence is ‘water harvesting’ or a similar purpose—the volume of water calculated by multiplying the maximum rate at which water may be taken under the pre-amended licence by 30;\nif the purpose for which water may be taken under the pre-amended licence is ‘stock and domestic’ or a similar purpose and water will not be taken under the amended licence from land that is adjacent to a watercourse, lake or spring—2ML.\nHowever, if subsection (3) (a) does not apply to the amended licence, and the pre-amended licence states more than 1 purpose for which water may be taken under the pre-amended licence, the nominal entitlement for the amended licence must be the total of the following volumes—\nif the pre-amended licence states, whether as a condition or otherwise, the volume of water that may be taken under the licence in a water year for 1 or more stated purposes—each stated volume;\neach volume of water that applies in relation to the licence under subsection (3) (b) to (d) .\nFor subsection (2) , the matters are—\nthe purpose for which water may be taken under the licence; and\nthe volume of water required for the purpose mentioned in paragraph (a) ; and\nthe efficiency of the water use associated with water that may be taken under the licence; and\nthe conditions under which water may be taken under the licence, including, for example, flow conditions; and\nthe water-taking capacity, under normal operating conditions, of relevant works that relate to an activity authorised under the licence; and\nthe local availability of water.\nThe nominal entitlement for a water licence must be expressed in megalitres.\nIn this section—\nrelevant works means works—\nused, or capable of being used, to take water to which this plan applies; and\nthat existed immediately before the commencement, regardless of whether the works were completed or partially completed.\n(sec.48-ssec.1) This section applies for working out, for section 44 (1) (b) , the nominal entitlement for a water licence to take water to which this plan applies, other than a water licence to which section 47 applies.\n(sec.48-ssec.2) The nominal entitlement for the water licence must be the volume of water decided by the chief executive, after considering the matters stated in subsection (5) , if— the licence is granted after the commencement; or the licence is an amended licence and the nominal entitlement for the licence can not be worked out under subsection (3) or (4) ; or all of the following apply— the licence is an amended licence; the pre-amended licence does not state, whether as a condition or otherwise— the total volume of water that may be taken under the licence in a water year; or a volume of water that may be taken under the licence in a water year for 1 or more stated purposes; the chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence.\n(sec.48-ssec.3) The nominal entitlement for an amended licence must be 1 of the following volumes, in decreasing order of priority— if the pre-amended licence states, whether as a condition or otherwise, the total volume of water that may be taken under the licence in a water year—the stated volume; if the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume of water calculated by multiplying the stated area by 6; if the purpose for which water may be taken under the pre-amended licence is ‘water harvesting’ or a similar purpose—the volume of water calculated by multiplying the maximum rate at which water may be taken under the pre-amended licence by 30; if the purpose for which water may be taken under the pre-amended licence is ‘stock and domestic’ or a similar purpose and water will not be taken under the amended licence from land that is adjacent to a watercourse, lake or spring—2ML.\n(sec.48-ssec.4) However, if subsection (3) (a) does not apply to the amended licence, and the pre-amended licence states more than 1 purpose for which water may be taken under the pre-amended licence, the nominal entitlement for the amended licence must be the total of the following volumes— if the pre-amended licence states, whether as a condition or otherwise, the volume of water that may be taken under the licence in a water year for 1 or more stated purposes—each stated volume; each volume of water that applies in relation to the licence under subsection (3) (b) to (d) .\n(sec.48-ssec.5) For subsection (2) , the matters are— the purpose for which water may be taken under the licence; and the volume of water required for the purpose mentioned in paragraph (a) ; and the efficiency of the water use associated with water that may be taken under the licence; and the conditions under which water may be taken under the licence, including, for example, flow conditions; and the water-taking capacity, under normal operating conditions, of relevant works that relate to an activity authorised under the licence; and the local availability of water.\n(sec.48-ssec.6) The nominal entitlement for a water licence must be expressed in megalitres.\n(sec.48-ssec.7) In this section— relevant works means works— used, or capable of being used, to take water to which this plan applies; and that existed immediately before the commencement, regardless of whether the works were completed or partially completed.\n- (a) the licence is granted after the commencement; or\n- (b) the licence is an amended licence and the nominal entitlement for the licence can not be worked out under subsection (3) or (4) ; or\n- (c) all of the following apply— (i) the licence is an amended licence; (ii) the pre-amended licence does not state, whether as a condition or otherwise— (A) the total volume of water that may be taken under the licence in a water year; or (B) a volume of water that may be taken under the licence in a water year for 1 or more stated purposes; (iii) the chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence.\n- (i) the licence is an amended licence;\n- (ii) the pre-amended licence does not state, whether as a condition or otherwise— (A) the total volume of water that may be taken under the licence in a water year; or (B) a volume of water that may be taken under the licence in a water year for 1 or more stated purposes;\n- (A) the total volume of water that may be taken under the licence in a water year; or\n- (B) a volume of water that may be taken under the licence in a water year for 1 or more stated purposes;\n- (iii) the chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence.\n- (i) the licence is an amended licence;\n- (ii) the pre-amended licence does not state, whether as a condition or otherwise— (A) the total volume of water that may be taken under the licence in a water year; or (B) a volume of water that may be taken under the licence in a water year for 1 or more stated purposes;\n- (A) the total volume of water that may be taken under the licence in a water year; or\n- (B) a volume of water that may be taken under the licence in a water year for 1 or more stated purposes;\n- (iii) the chief executive is satisfied that the nominal entitlement for the licence, worked out under subsection (3) or (4) , is not sufficient for the purpose for which water may be taken under the amended licence.\n- (A) the total volume of water that may be taken under the licence in a water year; or\n- (B) a volume of water that may be taken under the licence in a water year for 1 or more stated purposes;\n- (a) if the pre-amended licence states, whether as a condition or otherwise, the total volume of water that may be taken under the licence in a water year—the stated volume;\n- (b) if the pre-amended licence states an area, in hectares, that may be irrigated by water taken under the licence—the volume of water calculated by multiplying the stated area by 6;\n- (c) if the purpose for which water may be taken under the pre-amended licence is ‘water harvesting’ or a similar purpose—the volume of water calculated by multiplying the maximum rate at which water may be taken under the pre-amended licence by 30;\n- (d) if the purpose for which water may be taken under the pre-amended licence is ‘stock and domestic’ or a similar purpose and water will not be taken under the amended licence from land that is adjacent to a watercourse, lake or spring—2ML.\n- (a) if the pre-amended licence states, whether as a condition or otherwise, the volume of water that may be taken under the licence in a water year for 1 or more stated purposes—each stated volume;\n- (b) each volume of water that applies in relation to the licence under subsection (3) (b) to (d) .\n- (a) the purpose for which water may be taken under the licence; and\n- (b) the volume of water required for the purpose mentioned in paragraph (a) ; and\n- (c) the efficiency of the water use associated with water that may be taken under the licence; and\n- (d) the conditions under which water may be taken under the licence, including, for example, flow conditions; and\n- (e) the water-taking capacity, under normal operating conditions, of relevant works that relate to an activity authorised under the licence; and\n- (f) the local availability of water.\n- (a) used, or capable of being used, to take water to which this plan applies; and\n- (b) that existed immediately before the commencement, regardless of whether the works were completed or partially completed.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Working out maximum rate","content":"### sec.49 Working out maximum rate\n\nThis section applies for working out, for section 44 (1) (d) or (3) (a) , the maximum rate at which water to which this plan applies may be taken under a water licence.\nFor each of the following water licences, the maximum rate at which surface water may be taken under the licence must be the volume of water calculated by dividing the nominal entitlement by 30—\na water licence to take surface water that states the purpose of ‘any’, other than an amended licence;\na water licence to take surface water that is an amended licence that states the purpose of ‘stock and domestic’ or ‘any’.\nFor a water licence to take surface water that is an amended licence that states the purpose of ‘urban’, the maximum rate at which surface water may be taken under the licence must be the maximum rate for taking water under the pre-amended licence, whether stated as a condition or otherwise.\nIf the maximum rate at which surface water may be taken under the water licence can not be worked out under subsection (2) (a) or (b) , the maximum rate must be the rate decided by the chief executive after considering the matters stated in subsection (5) .\nFor subsection (4) , the matters are as follows, in decreasing order of priority—\nif a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a rate for taking water using a pump—the stated rate;\nif a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2 for the pump size;\nif the chief executive is satisfied the rate that would apply under paragraph (b) is not suitable, or in any other case—\nthe conditions under which water may be taken under the water licence, including, for example, flow conditions; and\nif a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and\nthe water-related infrastructure associated with the taking of water under the water licence;\nany other matter the chief executive considers relevant.\nThe maximum rate at which underground water may be taken under a water licence must be calculated under a process decided by the chief executive that would achieve the water plan outcomes stated in sections 16 to 19 .\nThe process mentioned in subsection (6) may include assessing information obtained from—\nmonitoring carried out by the applicant for the water licence; or\nthe use of a computer program to simulate hydrologic events.\nThe maximum rate at which water to which this plan applies may be taken under a water licence must be expressed in megalitres per day and rounded up to the nearest first decimal point.\n(sec.49-ssec.1) This section applies for working out, for section 44 (1) (d) or (3) (a) , the maximum rate at which water to which this plan applies may be taken under a water licence.\n(sec.49-ssec.2) For each of the following water licences, the maximum rate at which surface water may be taken under the licence must be the volume of water calculated by dividing the nominal entitlement by 30— a water licence to take surface water that states the purpose of ‘any’, other than an amended licence; a water licence to take surface water that is an amended licence that states the purpose of ‘stock and domestic’ or ‘any’.\n(sec.49-ssec.3) For a water licence to take surface water that is an amended licence that states the purpose of ‘urban’, the maximum rate at which surface water may be taken under the licence must be the maximum rate for taking water under the pre-amended licence, whether stated as a condition or otherwise.\n(sec.49-ssec.4) If the maximum rate at which surface water may be taken under the water licence can not be worked out under subsection (2) (a) or (b) , the maximum rate must be the rate decided by the chief executive after considering the matters stated in subsection (5) .\n(sec.49-ssec.5) For subsection (4) , the matters are as follows, in decreasing order of priority— if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a rate for taking water using a pump—the stated rate; if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2 for the pump size; if the chief executive is satisfied the rate that would apply under paragraph (b) is not suitable, or in any other case— the conditions under which water may be taken under the water licence, including, for example, flow conditions; and if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and the water-related infrastructure associated with the taking of water under the water licence; any other matter the chief executive considers relevant.\n(sec.49-ssec.6) The maximum rate at which underground water may be taken under a water licence must be calculated under a process decided by the chief executive that would achieve the water plan outcomes stated in sections 16 to 19 .\n(sec.49-ssec.7) The process mentioned in subsection (6) may include assessing information obtained from— monitoring carried out by the applicant for the water licence; or the use of a computer program to simulate hydrologic events.\n(sec.49-ssec.8) The maximum rate at which water to which this plan applies may be taken under a water licence must be expressed in megalitres per day and rounded up to the nearest first decimal point.\n- (a) a water licence to take surface water that states the purpose of ‘any’, other than an amended licence;\n- (b) a water licence to take surface water that is an amended licence that states the purpose of ‘stock and domestic’ or ‘any’.\n- (a) if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a rate for taking water using a pump—the stated rate;\n- (b) if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2 for the pump size;\n- (c) if the chief executive is satisfied the rate that would apply under paragraph (b) is not suitable, or in any other case— (i) the conditions under which water may be taken under the water licence, including, for example, flow conditions; and (ii) if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and (iii) the water-related infrastructure associated with the taking of water under the water licence;\n- (i) the conditions under which water may be taken under the water licence, including, for example, flow conditions; and\n- (ii) if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and\n- (iii) the water-related infrastructure associated with the taking of water under the water licence;\n- (d) any other matter the chief executive considers relevant.\n- (i) the conditions under which water may be taken under the water licence, including, for example, flow conditions; and\n- (ii) if a development permit for works for taking water under the water licence states, whether as a condition or otherwise, a pump size—the water taking capacity of a pump of the stated size under normal operating conditions; and\n- (iii) the water-related infrastructure associated with the taking of water under the water licence;\n- (a) monitoring carried out by the applicant for the water licence; or\n- (b) the use of a computer program to simulate hydrologic events.","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Conditions for amended licences","content":"### sec.50 Conditions for amended licences\n\nThis section applies if the chief executive decides to amend a water licence to take or interfere with water to which this plan applies under section 133 of the Act for consistency with this plan.\nHowever, this section does not apply in relation to a water licence to interfere with, by diversion, the flow of water to which this plan applies.\nWhen making a decision about the conditions that will apply to the licence, the chief executive must have regard to the content and conditions of the pre-amended licence.\n(sec.50-ssec.1) This section applies if the chief executive decides to amend a water licence to take or interfere with water to which this plan applies under section 133 of the Act for consistency with this plan.\n(sec.50-ssec.2) However, this section does not apply in relation to a water licence to interfere with, by diversion, the flow of water to which this plan applies.\n(sec.50-ssec.3) When making a decision about the conditions that will apply to the licence, the chief executive must have regard to the content and conditions of the pre-amended licence.","sortOrder":64},{"sectionNumber":"pt.9-div.7","sectionType":"division","heading":"Particular matters about water licences","content":"## Particular matters about water licences","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Criteria for deciding applications for water licences to take or interfere with underground water— Act , s 43","content":"### sec.51 Criteria for deciding applications for water licences to take or interfere with underground water— Act , s 43\n\nThis section states, for section 43 (2) (h) of the Act , the criteria for deciding an application for a water licence to take or interfere with underground water to which this plan applies.\nThe chief executive must have regard to—\nthe availability of an alternative water supply for the purpose for which water is required; and\nthe efficiency of the proposed water use practices; and\nwhether the proposed taking or interfering is likely to have a direct adverse effect on each of the following—\necosystems dependent on the underground water;\nsurface water flows; and\nthe cumulative impact of the proposed taking or interfering with surface water flows and underground water flows.\nSee also section 113 of the Act .\n(sec.51-ssec.1) This section states, for section 43 (2) (h) of the Act , the criteria for deciding an application for a water licence to take or interfere with underground water to which this plan applies.\n(sec.51-ssec.2) The chief executive must have regard to— the availability of an alternative water supply for the purpose for which water is required; and the efficiency of the proposed water use practices; and whether the proposed taking or interfering is likely to have a direct adverse effect on each of the following— ecosystems dependent on the underground water; surface water flows; and the cumulative impact of the proposed taking or interfering with surface water flows and underground water flows. See also section 113 of the Act .\n- (a) the availability of an alternative water supply for the purpose for which water is required; and\n- (b) the efficiency of the proposed water use practices; and\n- (c) whether the proposed taking or interfering is likely to have a direct adverse effect on each of the following— (i) ecosystems dependent on the underground water; (ii) surface water flows; and\n- (i) ecosystems dependent on the underground water;\n- (ii) surface water flows; and\n- (d) the cumulative impact of the proposed taking or interfering with surface water flows and underground water flows.\n- (i) ecosystems dependent on the underground water;\n- (ii) surface water flows; and","sortOrder":66},{"sectionNumber":"pt.10","sectionType":"part","heading":"Water allocations","content":"# Water allocations","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Process for granting particular water allocations— Act , s 147","content":"### sec.52 Process for granting particular water allocations— Act , s 147\n\nThis section states, for section 147 (1) of the Act , a process for the allocation of water to the Fraser Coast Regional Council under a water allocation.\nThe chief executive may grant a water allocation, to the Fraser Coast Regional Council, to take an annual volumetric limit of 3,080ML from the Burrum River if the grant of the water allocation is provided for under a water entitlement notice for this plan.\nThe water allocation mentioned in subsection (2) is in addition to any other authorisation, of the Fraser Coast Regional Council, to take water under the Act .\n(sec.52-ssec.1) This section states, for section 147 (1) of the Act , a process for the allocation of water to the Fraser Coast Regional Council under a water allocation.\n(sec.52-ssec.2) The chief executive may grant a water allocation, to the Fraser Coast Regional Council, to take an annual volumetric limit of 3,080ML from the Burrum River if the grant of the water allocation is provided for under a water entitlement notice for this plan.\n(sec.52-ssec.3) The water allocation mentioned in subsection (2) is in addition to any other authorisation, of the Fraser Coast Regional Council, to take water under the Act .","sortOrder":68},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":69},{"sectionNumber":"sec.53","sectionType":"section","heading":"Water management protocol— Act , s 43","content":"### sec.53 Water management protocol— Act , s 43\n\nFor section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\nThe water management protocol must state the following matters for the plan area—\nthe volumes of unallocated water reserved for stated purposes or stated locations;\nthe process for releasing unallocated water held as an Indigenous reserve;\nthe criteria and process for deciding applications for a seasonal water assignment;\nfor water allocations managed under a resource operations licence—the water allocation dealing rules;\nfor water entitlements and other authorisations to take unsupplemented water in a subcatchment—the water sharing rules;\nmonitoring requirements for water and natural ecosystems in the plan area.\n(sec.53-ssec.1) For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.\n(sec.53-ssec.2) The water management protocol must state the following matters for the plan area— the volumes of unallocated water reserved for stated purposes or stated locations; the process for releasing unallocated water held as an Indigenous reserve; the criteria and process for deciding applications for a seasonal water assignment; for water allocations managed under a resource operations licence—the water allocation dealing rules; for water entitlements and other authorisations to take unsupplemented water in a subcatchment—the water sharing rules; monitoring requirements for water and natural ecosystems in the plan area.\n- (a) the volumes of unallocated water reserved for stated purposes or stated locations;\n- (b) the process for releasing unallocated water held as an Indigenous reserve;\n- (c) the criteria and process for deciding applications for a seasonal water assignment;\n- (d) for water allocations managed under a resource operations licence—the water allocation dealing rules;\n- (e) for water entitlements and other authorisations to take unsupplemented water in a subcatchment—the water sharing rules;\n- (f) monitoring requirements for water and natural ecosystems in the plan area.","sortOrder":70},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendments to plan that may be made without consultation— Act , s 43","content":"### sec.54 Amendments to plan that may be made without consultation— Act , s 43\n\nFor section 43 (2) (m) of the Act , the following amendments may be made to this plan without public consultation—\nan amendment or addition of an environmental flow objective or a water allocation security objective, or a performance indicator for an objective, if the amendment or addition achieves an equivalent or improved environmental flow and water allocation security outcome;\nan amendment or addition of a node;\nan amendment or addition of a priority group mentioned in section 22 ;\nan amendment to adjust the boundaries of the following areas if more accurate information about the boundaries, or hydrological characteristics, of the areas becomes available—\nthe plan area;\nthe underground water management area;\na subcatchment;\nan amendment to change the period within which a measure for achieving a stated water plan outcome is to be achieved;\nan amendment to remove a provision of this plan that no longer has effect.\n- (a) an amendment or addition of an environmental flow objective or a water allocation security objective, or a performance indicator for an objective, if the amendment or addition achieves an equivalent or improved environmental flow and water allocation security outcome;\n- (b) an amendment or addition of a node;\n- (c) an amendment or addition of a priority group mentioned in section 22 ;\n- (d) an amendment to adjust the boundaries of the following areas if more accurate information about the boundaries, or hydrological characteristics, of the areas becomes available— (i) the plan area; (ii) the underground water management area; (iii) a subcatchment;\n- (i) the plan area;\n- (ii) the underground water management area;\n- (iii) a subcatchment;\n- (e) an amendment to change the period within which a measure for achieving a stated water plan outcome is to be achieved;\n- (f) an amendment to remove a provision of this plan that no longer has effect.\n- (i) the plan area;\n- (ii) the underground water management area;\n- (iii) a subcatchment;","sortOrder":71},{"sectionNumber":"pt.12","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":72},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Repeal","content":"### sec.55 Repeal\n\nThe Water Plan (Mary Basin) 2006 , SL No. 192 is repealed.","sortOrder":74},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Definition for division","content":"### sec.56 Definition for division\n\nIn this division—\nrepealed plan means the repealed Water Plan (Mary Basin) 2006 .","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Applications for water licences made before commencement","content":"### sec.57 Applications for water licences made before commencement\n\nThis section applies to an application for a water licence to take or interfere with water to which the repealed plan applied if the application was made, but not decided, before the commencement.\nIf the chief executive would not, under section 33, be able to accept the application had it been made after the commencement, the application is of no effect and is taken not to have been made.\nIf subsection (2) does not apply, the application is to be decided under this plan.\n(sec.57-ssec.1) This section applies to an application for a water licence to take or interfere with water to which the repealed plan applied if the application was made, but not decided, before the commencement.\n(sec.57-ssec.2) If the chief executive would not, under section 33, be able to accept the application had it been made after the commencement, the application is of no effect and is taken not to have been made.\n(sec.57-ssec.3) If subsection (2) does not apply, the application is to be decided under this plan.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Applications for dealing with water licences made before commencement","content":"### sec.58 Applications for dealing with water licences made before commencement\n\nThis section applies to an application for a dealing with a water licence to take or interfere with water to which the repealed plan applied if the application was made, but not decided, before the commencement.\nIf the granting of the application would be inconsistent with this plan had the application been made after the commencement, the application is inconsistent with this plan.\nSee section 129 of the Act for the actions the chief executive must take if granting an application for a dealing with a water licence would be inconsistent with a water plan.\nIf the granting of the application would not be inconsistent with this plan had the application been made after the commencement, the application is to be decided under this plan.\n(sec.58-ssec.1) This section applies to an application for a dealing with a water licence to take or interfere with water to which the repealed plan applied if the application was made, but not decided, before the commencement.\n(sec.58-ssec.2) If the granting of the application would be inconsistent with this plan had the application been made after the commencement, the application is inconsistent with this plan. See section 129 of the Act for the actions the chief executive must take if granting an application for a dealing with a water licence would be inconsistent with a water plan.\n(sec.58-ssec.3) If the granting of the application would not be inconsistent with this plan had the application been made after the commencement, the application is to be decided under this plan.","sortOrder":78},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Plan area and nodes","content":"# Plan area and nodes","sortOrder":79},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Modelled locations of nodes","content":"# Modelled locations of nodes","sortOrder":80},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Subcatchments","content":"# Subcatchments","sortOrder":81},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Names of subcatchments","content":"# Names of subcatchments","sortOrder":82},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Map of water supply schemes","content":"# Map of water supply schemes","sortOrder":83},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Water supply scheme zones for Mary Valley water supply scheme and Cedar Pocket water supply scheme","content":"# Water supply scheme zones for Mary Valley water supply scheme and Cedar Pocket water supply scheme","sortOrder":84},{"sectionNumber":"sch.3-pt.3","sectionType":"part","heading":"Water supply scheme zones for Wide Bay water supply scheme, Lower Mary River water supply scheme and Teddington Weir water supply scheme","content":"# Water supply scheme zones for Wide Bay water supply scheme, Lower Mary River water supply scheme and Teddington Weir water supply scheme","sortOrder":85},{"sectionNumber":"sch.3-pt.4","sectionType":"part","heading":"Water supply scheme zone for Baroon Pocket water supply scheme","content":"# Water supply scheme zone for Baroon Pocket water supply scheme","sortOrder":86}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":591},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a water resource management plan. The inclusion of pumped hydro/energy storage references and specific Indigenous water reserves reflects contemporary policy priorities rather than scope creep."},"complexity_factors":["Extensive cross-referencing to the Water Act 2000 and Water Regulation 2016","Multiple nested exception clauses (e.g. section 36 has exceptions to exceptions)","Detailed mathematical formulas for calculating water entitlements (nominal entitlements, maximum rates, performance ratios)","8 separate schedules referenced for maps, zones and technical definitions","Complex transitional provisions dealing with applications made under the repealed 2006 plan","Multiple defined terms with recursive definitions (e.g. 'existing underground water works' defined by reference to replacement bores which reference back)","Conditional logic for water licence purposes ('stock and domestic', 'urban', 'relift', 'any') with different rules for each"],"plain_english_summary":"This is a **water resource management plan** for the Mary River Basin in Queensland, covering an area in the Wide Bay–Burnett region including the Mary, Burrum, Mooloolah, Noosa and Maroochy river systems.\n\n**What it does:**\n- **Sets the rules** for who can take water from rivers, lakes, springs and underground aquifers in the area\n- **Balances competing needs** — farming, town water supplies, industry, cultural values of Traditional Owners, and environmental protection\n- **Protects iconic species** like the Mary River cod, Australian lungfish, Mary River turtle and white-throated snapping turtle\n- **Reserves water for Indigenous purposes** (7,040ML surface water + 60ML underground water) to help Traditional Owners achieve economic, social and cultural goals\n- **Sets environmental flow objectives** to keep rivers healthy and prevent seawater intrusion into the Cooloola Sandmass aquifer\n\n**Key restrictions:**\n- Most new applications for water licences are **blocked** unless for specific purposes (town water, energy projects, or existing lawful use)\n- Underground water in the Cooloola Sandmass can only be taken with a licence or for basic stock/domestic use using existing bores\n- Water trading is allowed within defined \"trading zones\"\n\n**Who it affects:**\n- Farmers and irrigators\n- Local councils (Fraser Coast, Sunshine Coast, Gympie etc.)\n- Water service providers\n- Traditional Owners (Butchulla, Kabi Kabi and other groups)\n- Anyone seeking to build dams or extract water\n\n**Why it matters:**\nThe plan recognises that the natural state of waterways has already changed due to human use. It tries to halt further degradation while allowing sustainable economic development — including for pumped hydro energy storage projects."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. This instrument repeals the Water Plan (Mary Basin) 2006 (sec 55) and replaces it with a new framework that specifies updated spatial definitions, quantified unallocated water reserves and caps (sec 29), a monitoring and measurement deadline (chief executive to measure entitlements by 31 Dec 2034, sec 20), and a mandatory water management protocol (sec 53). Those elements alter how water is allocated, released and assessed compared with the repealed plan by setting new numeric limits and procedural requirements."},"complexity_factors":["Extensive cross-references to the Water Act and Water Regulation creating interdependent legal tests and processes (e.g. secs 5, 21, 31, 39).","Multiple spatial instruments and schedules (plan area, nodes, subcatchments, water supply schemes and zones) that must be read with maps and digital boundary data (secs 6, 7, 11, schs 1–4; sec 13).","Quantified unallocated water reserves with strict caps and release-process constraints (sec 29).","Detailed licence-content, entitlement and rate calculations with tiered rules and conversion formulas (secs 44–49).","Significant discretionary decision-making and approval powers vested in the chief executive, including approval of alternative assessment methods and imposition of licence conditions (secs 20, 25–27, 32, 38, 40, 50).","Reliance on a hydrologic model and simulation for consistency assessments and performance indicator calculations (secs 11, 21–23, 27).","Layered normative objectives spanning economic, social, cultural and technical environmental outcomes with specialised definitions (secs 15–19).","Transitional and repeal provisions that replace the prior plan and determine treatment of pending applications (secs 55–58)."],"plain_english_summary":"The Water Plan (Mary Basin) 2024 sets out where and how surface and underground water in the Mary Basin is allocated and managed. It defines the plan area, subcatchments and supply zones, reserves specified volumes of unallocated water, establishes environmental, economic, social and cultural objectives and performance indicators, and requires monitoring and measurement. The plan affects water licence-holders, water service providers, local governments and traditional owners by changing allocation, trading and licence conditions and by giving the chief executive powers to approve, condition or refuse applications."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The plan's scope appears consistent with its stated purposes. It covers surface water across the Mary Basin plan area and underground water in the Cooloola Sandmass — both explicitly defined from the outset. The inclusion of Traditional Owner water rights, cultural outcomes, and environmental protections for specific threatened species is broader than older-style water plans, but this reflects the current legislative framework under the Water Act 2000 (Qld) rather than scope creep from the plan's own stated purposes. All major elements (allocation frameworks, environmental flows, water licences, unallocated reserves, trading zones) are directly anticipated by the plan's seven stated purposes in section 2."},"complexity_factors":["Multiple interlocking regulatory frameworks — the plan operates within and cross-references the Water Act 2000 (Qld) and Water Regulation 2016, requiring readers to consult multiple instruments simultaneously","Extensive use of defined terms (water management area, subcatchment, water supply scheme zone, trading zone, nominal entitlement, performance ratio, ecological assets, flow regime types) that layer on each other","Complex geographic structure with multiple overlapping spatial zones — plan area, subcatchments, water supply schemes and zones, underground water management area, significant watercourse reaches, nodes — all defined by reference to external maps and schedules","Quantitative performance objectives (98% and 95% performance ratios for high and medium priority water allocation groups) that must be assessed using a computer model simulation","Layered exception structures — sections defining what is inconsistent with the plan contain multiple carve-outs and sub-exceptions for different applicant types and purposes","Differentiated rules for surface water vs underground water, and for different water licence purposes (stock and domestic, urban, relift, any)","Multiple reserve types (strategic, Indigenous, general) each with different eligibility criteria, release processes, and volume caps","Content truncated — the full plan likely contains additional schedules with maps, tables of environmental flow objectives, and performance indicators that add further technical complexity","Interaction with Traditional Owner rights requires understanding of both legal and cultural frameworks not explained within the plan itself","Hydrological and ecological terminology (riffle habitats, hypersaline conditions, riparian systems, recruitment of species, low/medium/high flow regimes) requiring specialist knowledge to fully interpret"],"plain_english_summary":"Queensland’s Mary Basin Water Plan is the rulebook for who can take water, how much, when and why across the Mary River system. It balances town supply, farming, industry, Traditional Owners and environmental needs, sets unallocated water reserves (including a dedicated Indigenous reserve), protects threatened species and culturally significant sites, limits most new licences, and requires metering by 31 December 2034.\n\nIt matters because growing demand, climate change and legacy impacts risk over‑extraction, and the plan explicitly embeds Traditional Owner rights."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-mary-basin-2024","history":"/api/acts/water-plan-mary-basin-2024/history","analysis":"/api/acts/water-plan-mary-basin-2024/analysis","conflicts":"/api/acts/water-plan-mary-basin-2024/conflicts","importantCases":"/api/acts/water-plan-mary-basin-2024/important-cases","documents":"/api/acts/water-plan-mary-basin-2024/documents"}}