{"id":"qld:sl-2007-0269","name":"Water Plan (Mitchell) 2007","slug":"water-plan-mitchell-2007","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"269 of 2007","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175844,"registerId":"qld-qld:sl-2007-0269-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Strategies for both surface water and groundwater","content":"# Strategies for both surface water and groundwater","sortOrder":0},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of pt 1","content":"### sec.16 Application of pt 1\n\nThis part applies to both surface water and groundwater.","sortOrder":2},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 2014 SL No. 142 s 166","sortOrder":3},{"sectionNumber":"sec.18","sectionType":"section","heading":"Matters to be considered for environmental management rules","content":"### sec.18 Matters to be considered for environmental management rules\n\nIn deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider—\nthe streamflows required to maintain the following—\nthe longitudinal connectivity of low flow habitats throughout river systems in the plan area;\nthe wetted habitats at riffles and other streambed features;\nthe natural seasonality of flows and zero flows;\nthe replenishment of refuge pools that enable movement of instream biota;\ngroundwater flows;\nthe contributions from aquifers to the flow of water in watercourses;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\nthe impact the taking of, or proposed taking of, or interfering with, water may have on the following—\nwater quality;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nthe inundation of habitats;\nthe movement of fish and other aquatic animals;\nthe recreation and aesthetic values of the plan area;\ncultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\nSubsection (1) does not limit the matters the chief executive may consider.\n(sec.18-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n(sec.18-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) groundwater flows;\n- (vi) the contributions from aquifers to the flow of water in watercourses;\n- (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) the inundation of habitats; (v) the movement of fish and other aquatic animals; (vi) the recreation and aesthetic values of the plan area; (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) the inundation of habitats;\n- (v) the movement of fish and other aquatic animals;\n- (vi) the recreation and aesthetic values of the plan area;\n- (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) groundwater flows;\n- (vi) the contributions from aquifers to the flow of water in watercourses;\n- (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (i) water quality;\n- (ii) the natural movement of sediment;\n- (iii) the bed and banks of a watercourse or lake;\n- (iv) the inundation of habitats;\n- (v) the movement of fish and other aquatic animals;\n- (vi) the recreation and aesthetic values of the plan area;\n- (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.","sortOrder":4},{"sectionNumber":"sec.19","sectionType":"section","heading":"Matters to be considered for water sharing rules","content":"### sec.19 Matters to be considered for water sharing rules\n\nIn deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider—\nany existing water sharing arrangements; and\nthe local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and\nthe conditions for taking water decided under section 43 , 50 or 51 ; and\nthe daily volumetric limits decided under section 48 ; and\nthe annual volumetric limits decided under section 49 or 63 ; and\nthe impact on authorisations to take water in the plan area; and\nfor rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.\nSubsection (1) does not limit the matters the chief executive may consider.\n(sec.19-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and the conditions for taking water decided under section 43 , 50 or 51 ; and the daily volumetric limits decided under section 48 ; and the annual volumetric limits decided under section 49 or 63 ; and the impact on authorisations to take water in the plan area; and for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.\n(sec.19-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) any existing water sharing arrangements; and\n- (b) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and\n- (c) the conditions for taking water decided under section 43 , 50 or 51 ; and\n- (d) the daily volumetric limits decided under section 48 ; and\n- (e) the annual volumetric limits decided under section 49 or 63 ; and\n- (f) the impact on authorisations to take water in the plan area; and\n- (g) for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.","sortOrder":5},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":6},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 om 2014 SL No. 142 s 167","sortOrder":7},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 om 2014 SL No. 142 s 167","sortOrder":8},{"sectionNumber":"sec.22","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.22 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area, having regard to the following—\nthe outcomes under chapter 3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant matter.\n- (a) the outcomes under chapter 3 ;\n- (b) the economic or social impact the project will have on the region;\n- (c) the public interest and the welfare of people in the region;\n- (d) any other relevant matter.","sortOrder":9},{"sectionNumber":"sec.23","sectionType":"section","heading":"Unallocated water held as indigenous, strategic or general reserve","content":"### sec.23 Unallocated water held as indigenous, strategic or general reserve\n\nUnallocated water in the Mitchell River upstream of node 1 is held as a general reserve.\nUnallocated water in another part of the plan area is held as—\nif the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or\notherwise—either a strategic reserve or a general reserve.\n(sec.23-ssec.1) Unallocated water in the Mitchell River upstream of node 1 is held as a general reserve.\n(sec.23-ssec.2) Unallocated water in another part of the plan area is held as— if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or otherwise—either a strategic reserve or a general reserve.\n- (a) if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or\n- (b) otherwise—either a strategic reserve or a general reserve.","sortOrder":10},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 om 2014 SL No. 142 s 168","sortOrder":11},{"sectionNumber":"sec.25","sectionType":"section","heading":"Preparing and implementing process in resource operations plan generally","content":"### sec.25 Preparing and implementing process in resource operations plan generally\n\nUnallocated water may be dealt with only under a process in the resource operations plan.\nIn preparing and implementing the process, the chief executive must consider the following—\nthe purpose for which the water is required;\nthe efficiency of existing and proposed water use practices;\nthe extent to which water in the plan area is being taken under authorisations;\nthe availability of an alternative water supply for the purpose for which the water is required;\nthe impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;\nwhether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\nthe matters mentioned in section 18 (1) (a) and (b) .\nThe resource operations plan must state that use, for irrigation, of water taken under a water licence granted under the process requires a land and water management plan approved under section 77 of the Act .\nSubsection (1) does not limit the matters the chief executive may consider.\n(sec.25-ssec.1) Unallocated water may be dealt with only under a process in the resource operations plan.\n(sec.25-ssec.2) In preparing and implementing the process, the chief executive must consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water in the plan area is being taken under authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section 18 (1) (a) and (b) .\n(sec.25-ssec.3) The resource operations plan must state that use, for irrigation, of water taken under a water licence granted under the process requires a land and water management plan approved under section 77 of the Act .\n(sec.25-ssec.4) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the purpose for which the water is required;\n- (b) the efficiency of existing and proposed water use practices;\n- (c) the extent to which water in the plan area is being taken under authorisations;\n- (d) the availability of an alternative water supply for the purpose for which the water is required;\n- (e) the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;\n- (f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\n- (g) the matters mentioned in section 18 (1) (a) and (b) .","sortOrder":12},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 om 2014 SL No. 142 s 169","sortOrder":13},{"sectionNumber":"sec.27","sectionType":"section","heading":"Purpose for which indigenous unallocated water may be granted","content":"### sec.27 Purpose for which indigenous unallocated water may be granted\n\nUnallocated water held as an indigenous reserve ( indigenous unallocated water ) may be granted only for helping indigenous communities in the Cape York Peninsula Region area to achieve their economic and social aspirations.","sortOrder":14},{"sectionNumber":"sec.28","sectionType":"section","heading":"Volumetric limits for indigenous unallocated water","content":"### sec.28 Volumetric limits for indigenous unallocated water\n\nThe total of the annual volumetric limits for all water licences to take indigenous unallocated water from the Cape York Peninsula Region area is 5,000ML.","sortOrder":15},{"sectionNumber":"sec.29","sectionType":"section","heading":"Purpose for which strategic unallocated water may be granted","content":"### sec.29 Purpose for which strategic unallocated water may be granted\n\nUnallocated water held as a strategic reserve ( strategic unallocated water ) may be granted only if it is to be taken for a State purpose.","sortOrder":16},{"sectionNumber":"sec.30","sectionType":"section","heading":"Volumetric limits for strategic unallocated water","content":"### sec.30 Volumetric limits for strategic unallocated water\n\nThe total of the annual volumetric limits for all water licences to take strategic unallocated water is 10,000ML.","sortOrder":17},{"sectionNumber":"sec.31","sectionType":"section","heading":"Period for which strategic unallocated water is granted for particular State purpose","content":"### sec.31 Period for which strategic unallocated water is granted for particular State purpose\n\nThis section applies to water licences to take strategic unallocated water granted for either of the following State purposes—\na project of State significance;\na project of regional significance.\nWater granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.\n(sec.31-ssec.1) This section applies to water licences to take strategic unallocated water granted for either of the following State purposes— a project of State significance; a project of regional significance.\n(sec.31-ssec.2) Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.\n- (a) a project of State significance;\n- (b) a project of regional significance.","sortOrder":18},{"sectionNumber":"sec.32","sectionType":"section","heading":"Purpose for which general unallocated water may be granted","content":"### sec.32 Purpose for which general unallocated water may be granted\n\nUnallocated water held as a general reserve ( general unallocated water ) may be granted for any purpose.","sortOrder":19},{"sectionNumber":"sec.33","sectionType":"section","heading":"Volumetric limits for general unallocated water in Mitchell River upstream of node 1","content":"### sec.33 Volumetric limits for general unallocated water in Mitchell River upstream of node 1\n\nThe total of the annual volumetric limits for all water licences to take general unallocated water from the Mitchell River upstream of node 1 is 20,000ML.","sortOrder":20},{"sectionNumber":"sec.34","sectionType":"section","heading":"Volumetric limits for general unallocated water in other parts of plan area","content":"### sec.34 Volumetric limits for general unallocated water in other parts of plan area\n\nThe total of the annual volumetric limits for all water licences to take general unallocated water from a part of the plan area other than the Mitchell River upstream of node 1 is 35,000ML.","sortOrder":21},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Additional strategies for surface water","content":"# Additional strategies for surface water","sortOrder":22},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":23},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application of pt 2","content":"### sec.35 Application of pt 2\n\nThe strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .","sortOrder":24},{"sectionNumber":"sec.36","sectionType":"section","heading":"Accepting and deciding particular applications to interfere with water","content":"### sec.36 Accepting and deciding particular applications to interfere with water\n\nThis section applies to the chief executive in making a decision about an application to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water.\nThe chief executive may accept and decide the application only if the purpose of the proposed interference or increase in interference is—\nto store water for stock or domestic purposes; or\nto provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or\nto store water for a purpose not related to the taking of water under a water entitlement.\ncommunity landscaping or retaining water for flood mitigation purposes\nThe chief executive may approve the application if—\nthe chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and\nthe proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to—\nthe impact the proposed interference or increase in interference may have on the following—\ninstream water levels;\nthe natural movement of sediment;\nthe bed and banks of a watercourse or lake;\nriparian vegetation;\nhabitat for native plants and animals;\nmovement of fish and other aquatic species;\ncultural and ecological values of the watercourse, waterhole, lake or spring; and\nfor a purpose mentioned in subsection (2) (a) —\nexisting water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\nthe availability of water at the proposed storage site.\nHowever, the chief executive must not approve an application for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than—\nfor a purpose mentioned in subsection (2) (b) —10ML; or\nfor a purpose mentioned in subsection (2) (c) —250ML.\nThis section does not apply to an application about unallocated water.\nIn this section—\npumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n(sec.36-ssec.1) This section applies to the chief executive in making a decision about an application to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water.\n(sec.36-ssec.2) The chief executive may accept and decide the application only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes\n(sec.36-ssec.3) The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site.\n(sec.36-ssec.4) However, the chief executive must not approve an application for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML.\n(sec.36-ssec.5) This section does not apply to an application about unallocated water.\n(sec.36-ssec.6) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n- (a) to store water for stock or domestic purposes; or\n- (b) to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or\n- (c) to store water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subsection (2) (c) — community landscaping or retaining water for flood mitigation purposes\n- (a) the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and\n- (b) the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site.\n- (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of a watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitat for native plants and animals;\n- (F) movement of fish and other aquatic species;\n- (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site.\n- (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\n- (B) the availability of water at the proposed storage site.\n- (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of a watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitat for native plants and animals;\n- (F) movement of fish and other aquatic species;\n- (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site.\n- (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\n- (B) the availability of water at the proposed storage site.\n- (A) instream water levels;\n- (B) the natural movement of sediment;\n- (C) the bed and banks of a watercourse or lake;\n- (D) riparian vegetation;\n- (E) habitat for native plants and animals;\n- (F) movement of fish and other aquatic species;\n- (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and\n- (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and\n- (B) the availability of water at the proposed storage site.\n- (a) for a purpose mentioned in subsection (2) (b) —10ML; or\n- (b) for a purpose mentioned in subsection (2) (c) —250ML.","sortOrder":25},{"sectionNumber":"sec.37","sectionType":"section","heading":"Restrictions on taking water from waterhole or lake","content":"### sec.37 Restrictions on taking water from waterhole or lake\n\nThis section applies to the chief executive in making a decision about a water licence to take surface water from a waterhole or lake.\nThe chief executive must—\nconsider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\nimpose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake.\na condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\nHowever, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied—\nthe taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or\nfor an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.\n(sec.37-ssec.1) This section applies to the chief executive in making a decision about a water licence to take surface water from a waterhole or lake.\n(sec.37-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\n(sec.37-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.\n- (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\n- (b) impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows\n- (a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or\n- (b) for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.","sortOrder":26},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Surface water that was groundwater in aquifers","content":"## Surface water that was groundwater in aquifers","sortOrder":27},{"sectionNumber":"sec.38","sectionType":"section","heading":"Application of div 2","content":"### sec.38 Application of div 2\n\nThis division applies to groundwater declared to be water in a watercourse under section 7 ( declared water ).","sortOrder":28},{"sectionNumber":"sec.39","sectionType":"section","heading":"Existing water licences for declared water","content":"### sec.39 Existing water licences for declared water\n\nThis section applies to an existing water licence to take declared water.\nAt the commencement of this plan, the licence is taken to be a water licence to take surface water.\nThe chief executive must amend the licence to ensure it is consistent with the requirements, under division 4 , applying to water licences to take surface water.\n(sec.39-ssec.1) This section applies to an existing water licence to take declared water.\n(sec.39-ssec.2) At the commencement of this plan, the licence is taken to be a water licence to take surface water.\n(sec.39-ssec.3) The chief executive must amend the licence to ensure it is consistent with the requirements, under division 4 , applying to water licences to take surface water.","sortOrder":29},{"sectionNumber":"sec.40","sectionType":"section","heading":"Taking declared water using existing water bores authorised","content":"### sec.40 Taking declared water using existing water bores authorised\n\nThis section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water.\nThe owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water—\nafter the notice is given; and\nuntil the owner is granted a water licence under section 41 .\nSubsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner.\nIn this section—\nrelevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.\n(sec.40-ssec.1) This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water.\n(sec.40-ssec.2) The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan.\n(sec.40-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section 41 .\n(sec.40-ssec.4) Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner.\n(sec.40-ssec.5) In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.\n- (a) after the notice is given; and\n- (b) until the owner is granted a water licence under section 41 .","sortOrder":30},{"sectionNumber":"sec.41","sectionType":"section","heading":"Granting water licences for authorities under s 40","content":"### sec.41 Granting water licences for authorities under s 40\n\nThe chief executive must, under section 212 of the Act , grant a water licence to take surface water to a person authorised under section 40 (3) to continue to take declared water.\nThe licence must be consistent with division 4 .\nHowever, despite section 49 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section 40 .\n(sec.41-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to take surface water to a person authorised under section 40 (3) to continue to take declared water.\n(sec.41-ssec.2) The licence must be consistent with division 4 .\n(sec.41-ssec.3) However, despite section 49 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section 40 .","sortOrder":31},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":32},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2014 SL No. 142 s 170","sortOrder":33},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2014 SL No. 142 s 170","sortOrder":34},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"Water licences to take or interfere with surface water","content":"## Water licences to take or interfere with surface water","sortOrder":35},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application of div 4","content":"### sec.44 Application of div 4\n\nThis division applies to a water licence to take, or interfere with, surface water in a watercourse, lake or spring.\ns 44 amd 2014 SL No. 142 s 171","sortOrder":36},{"sectionNumber":"sec.45","sectionType":"section","heading":"Water licence to take surface water","content":"### sec.45 Water licence to take surface water\n\nA water licence to take surface water must state the following—\nthe purpose for which water may be taken under the licence;\nthe maximum rate at which water may be taken under the licence;\nthe daily volumetric limit for the licence;\nthe annual volumetric limit for the licence;\nif a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.\n- (a) the purpose for which water may be taken under the licence;\n- (b) the maximum rate at which water may be taken under the licence;\n- (c) the daily volumetric limit for the licence;\n- (d) the annual volumetric limit for the licence;\n- (e) if a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.","sortOrder":37},{"sectionNumber":"sec.46","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.46 Purpose to be stated on water licence\n\nThe purpose stated on a water licence to take surface water must be—\nif the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\notherwise—‘any’.\n- (a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":38},{"sectionNumber":"sec.47","sectionType":"section","heading":"Maximum rates for taking surface water","content":"### sec.47 Maximum rates for taking surface water\n\nThe maximum rate at which surface water may be taken under a water licence is—\nfor a licence that states a maximum rate—the stated rate; and\nfor a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence—\nstates a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or\nstates a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and\nfor a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to—\nthe nature of the licence; and\nan estimate or measurement of the rate at which water can be taken under the licence.\nHowever, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which surface water may be taken under the licence is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water taking capacity of the pump to which the development permit relates (the existing pump );\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use mentioned in paragraph (c) .\n(sec.47-ssec.1) The maximum rate at which surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence.\n(sec.47-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .\n- (a) for a licence that states a maximum rate—the stated rate; and\n- (b) for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence— (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and\n- (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or\n- (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and\n- (c) for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) the nature of the licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or\n- (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and\n- (i) the nature of the licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (a) the conditions under which the water may be taken;\n- (b) the water taking capacity of the pump to which the development permit relates (the existing pump );\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use mentioned in paragraph (c) .","sortOrder":39},{"sectionNumber":"sec.48","sectionType":"section","heading":"Daily volumetric limit for taking surface water","content":"### sec.48 Daily volumetric limit for taking surface water\n\nThe daily volumetric limit for a water licence to take surface water is—\nfor a licence that states a daily volumetric limit—the stated volume; and\nfor a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit but for which a related development permit for the licence—\nstates a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or\nstates a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and\nfor a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to—\nthe nature of the licence; and\nan estimate or measurement of the rate at which water can be taken under the licence.\nHowever, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use mentioned in paragraph (c) .\nThe chief executive must ensure the daily volumetric limit for a water licence to take surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 47 .\n(sec.48-ssec.1) The daily volumetric limit for a water licence to take surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit but for which a related development permit for the licence— states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence.\n(sec.48-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .\n(sec.48-ssec.3) The chief executive must ensure the daily volumetric limit for a water licence to take surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 47 .\n- (a) for a licence that states a daily volumetric limit—the stated volume; and\n- (b) for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit but for which a related development permit for the licence— (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and\n- (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or\n- (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and\n- (c) for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) the nature of the licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or\n- (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and\n- (i) the nature of the licence; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the licence.\n- (a) the conditions under which the water may be taken;\n- (b) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use mentioned in paragraph (c) .","sortOrder":40},{"sectionNumber":"sec.49","sectionType":"section","heading":"Annual volumetric limit for taking surface water","content":"### sec.49 Annual volumetric limit for taking surface water\n\nThe annual volumetric limit for a water licence to take surface water is—\nfor a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\nfor a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor an upper Mitchell water licence—10; or\nfor another licence—12; and\nfor a licence other than a licence to which paragraph (a) or (b) applies—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence;\nthe water taking capacity of any works for taking water under the licence;\nthe volume of water required for the licence’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\n- (a) for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and\n- (b) for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for an upper Mitchell water licence—10; or (ii) for another licence—12; and\n- (i) for an upper Mitchell water licence—10; or\n- (ii) for another licence—12; and\n- (c) for a licence other than a licence to which paragraph (a) or (b) applies—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water taking capacity of any works for taking water under the licence; (iii) the volume of water required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water taking capacity of any works for taking water under the licence;\n- (iii) the volume of water required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) for an upper Mitchell water licence—10; or\n- (ii) for another licence—12; and\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water taking capacity of any works for taking water under the licence;\n- (iii) the volume of water required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":41},{"sectionNumber":"sec.50","sectionType":"section","heading":"Conditions for taking surface water generally","content":"### sec.50 Conditions for taking surface water generally\n\nThe chief executive may impose on a water licence to take surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\nIn deciding the flow conditions under which water may be taken under an existing water licence to take surface water, the chief executive must have regard to the conditions already applying to the licence.\n(sec.50-ssec.1) The chief executive may impose on a water licence to take surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\n(sec.50-ssec.2) In deciding the flow conditions under which water may be taken under an existing water licence to take surface water, the chief executive must have regard to the conditions already applying to the licence.","sortOrder":42},{"sectionNumber":"sec.51","sectionType":"section","heading":"Condition that must be imposed on upper Mitchell water licences","content":"### sec.51 Condition that must be imposed on upper Mitchell water licences\n\nThis section applies if an upper Mitchell water licence states the area that may be irrigated under the licence.\nThe chief executive must impose a condition on the licence to ensure the licence does not allow more than the prescribed volume of surface water to be taken during the period between 1 July and 31 December in a year.\nIn this section—\nprescribed volume , for an upper Mitchell water licence, means 6.6ML for each hectare that may be irrigated under the licence.\n(sec.51-ssec.1) This section applies if an upper Mitchell water licence states the area that may be irrigated under the licence.\n(sec.51-ssec.2) The chief executive must impose a condition on the licence to ensure the licence does not allow more than the prescribed volume of surface water to be taken during the period between 1 July and 31 December in a year.\n(sec.51-ssec.3) In this section— prescribed volume , for an upper Mitchell water licence, means 6.6ML for each hectare that may be irrigated under the licence.","sortOrder":43},{"sectionNumber":"sec.52","sectionType":"section","heading":"Condition about storing unsupplemented water taken under a water licence","content":"### sec.52 Condition about storing unsupplemented water taken under a water licence\n\nWithout limiting section 50 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.\nIn deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.\n(sec.52-ssec.1) Without limiting section 50 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.\n(sec.52-ssec.2) In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.","sortOrder":44},{"sectionNumber":"sec.53","sectionType":"section","heading":"Conditions giving effect to rules","content":"### sec.53 Conditions giving effect to rules\n\nSubsection (2) applies to any environmental management rules or water sharing rules included in the resource operations plan.\nThe chief executive must—\namend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and\nimpose conditions giving effect to the rules on water licences granted after the commencement.\n(sec.53-ssec.1) Subsection (2) applies to any environmental management rules or water sharing rules included in the resource operations plan.\n(sec.53-ssec.2) The chief executive must— amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and impose conditions giving effect to the rules on water licences granted after the commencement.\n- (a) amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and\n- (b) impose conditions giving effect to the rules on water licences granted after the commencement.","sortOrder":45},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Regulation of overland flow water","content":"## Regulation of overland flow water","sortOrder":46},{"sectionNumber":"sec.54","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s 20 (2)","content":"### sec.54 Limitation on taking overland flow water— Act , s 20 (2)\n\nA person may not take overland flow water other than—\nfor stock or domestic purposes; or\nfor any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or\nunder a water licence; or\noverland flow water of not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\noverland flow water that is contaminated agricultural run-off water; or\nunder an authority under section 55 .\nIn this section—\ncontaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.\nA copy of the code is available on the department’s website.\ns 54 amd 2013 Act No. 23 s 352 sch 1 pt 2\n(sec.54-ssec.1) A person may not take overland flow water other than— for stock or domestic purposes; or for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or overland flow water that is contaminated agricultural run-off water; or under an authority under section 55 .\n(sec.54-ssec.2) In this section— contaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.\n- (a) for stock or domestic purposes; or\n- (b) for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or\n- (c) under a water licence; or\n- (d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) overland flow water that is contaminated agricultural run-off water; or\n- (f) under an authority under section 55 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":47},{"sectionNumber":"sec.55","sectionType":"section","heading":"Taking water using particular existing overland flow works authorised","content":"### sec.55 Taking water using particular existing overland flow works authorised\n\nThis section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 54 (1) (a) to (e) .\nThe owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow—\nafter the notice and information are given; and\nuntil the owner is granted a water licence under the Act .\nIn this section—\nexisting overland flow works includes works that—\nare a reconfiguration of existing overland flow works (the original works ); and\ndo not increase the average annual volume of water taken above the average annual volume taken using the original works.\n(sec.55-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 54 (1) (a) to (e) .\n(sec.55-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan.\n(sec.55-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow— after the notice and information are given; and until the owner is granted a water licence under the Act .\n(sec.55-ssec.4) In this section— existing overland flow works includes works that— are a reconfiguration of existing overland flow works (the original works ); and do not increase the average annual volume of water taken above the average annual volume taken using the original works.\n- (a) after the notice and information are given; and\n- (b) until the owner is granted a water licence under the Act .\n- (a) are a reconfiguration of existing overland flow works (the original works ); and\n- (b) do not increase the average annual volume of water taken above the average annual volume taken using the original works.","sortOrder":48},{"sectionNumber":"sec.56","sectionType":"section","heading":"Granting or amending water licences under the resource operations plan","content":"### sec.56 Granting or amending water licences under the resource operations plan\n\nThis section applies if the resource operations plan states a process for—\ngranting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or\namending a water licence mentioned in paragraph (a) .\nIn following the process and granting or amending a water licence, the chief executive—\nmust consider—\nthe average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\nthe annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and\nmay consider the extent to which the works, immediately before the commencement, allowed—\nthe taking of other water under another authorisation; or\nthe storage of other water taken under another authorisation.\nSubsection (2) does not limit the matters the chief executive may consider.\nThe process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.\n(sec.56-ssec.1) This section applies if the resource operations plan states a process for— granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or amending a water licence mentioned in paragraph (a) .\n(sec.56-ssec.2) In following the process and granting or amending a water licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.\n(sec.56-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.\n(sec.56-ssec.4) The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.\n- (a) granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or\n- (b) amending a water licence mentioned in paragraph (a) .\n- (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and\n- (b) may consider the extent to which the works, immediately before the commencement, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and\n- (i) the taking of other water under another authorisation; or\n- (ii) the storage of other water taken under another authorisation.","sortOrder":49},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 amd 2009 SL No. 280 s 188 ; 2011 Act No. 40 s 107 sch\nom 2016 SL No. 216 s 146 sch 20","sortOrder":50},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Additional strategies for groundwater","content":"# Additional strategies for groundwater","sortOrder":51},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":52},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of pt 3","content":"### sec.58 Application of pt 3\n\nThe strategies stated in this part apply to groundwater in addition to the strategies stated in part 1 .","sortOrder":53},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 amd 2009 SL No. 280 s 189 ; 2014 Act No. 29 s 156\nom 2016 SL No. 216 s 146 sch 20","sortOrder":54},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":"Strategies for Chillagoe groundwater management area","content":"## Strategies for Chillagoe groundwater management area","sortOrder":55},{"sectionNumber":"sec.60","sectionType":"section","heading":"Limitation on taking or interfering with water— Act , s 20 (2)","content":"### sec.60 Limitation on taking or interfering with water— Act , s 20 (2)\n\nIn the Chillagoe groundwater management area, a person may not take or interfere with groundwater other than—\nfor stock or domestic purposes; or\nfor monitoring the quality of the water or controlling the salinity of the water; or\nunder a water licence or water permit.\ns 60 amd 2013 Act No. 23 s 352 sch 1 pt 2\n- (a) for stock or domestic purposes; or\n- (b) for monitoring the quality of the water or controlling the salinity of the water; or\n- (c) under a water licence or water permit.","sortOrder":56},{"sectionNumber":"sec.61","sectionType":"section","heading":"Water licence to take groundwater","content":"### sec.61 Water licence to take groundwater\n\nA water licence to take groundwater in the Chillagoe groundwater management area must state—\nthe purpose for which the water may be taken under the licence; and\nthe annual volumetric limit for the licence.\nDespite subsection (1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.\n(sec.61-ssec.1) A water licence to take groundwater in the Chillagoe groundwater management area must state— the purpose for which the water may be taken under the licence; and the annual volumetric limit for the licence.\n(sec.61-ssec.2) Despite subsection (1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.\n- (a) the purpose for which the water may be taken under the licence; and\n- (b) the annual volumetric limit for the licence.","sortOrder":57},{"sectionNumber":"sec.62","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.62 Purpose to be stated on water licence\n\nThe purpose stated on a water licence to take groundwater in the Chillagoe groundwater management area must be—\nif the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\nif the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or\notherwise—‘any’.\n- (a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (b) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or\n- (c) otherwise—‘any’.","sortOrder":58},{"sectionNumber":"sec.63","sectionType":"section","heading":"Amendment of water licences to state annual volumetric limit","content":"### sec.63 Amendment of water licences to state annual volumetric limit\n\nThis section applies to an existing water licence to take groundwater in the Chillagoe groundwater management area that does not state the maximum annual volume of water that may be taken under the licence.\nThe chief executive may, under section 217 of the Act , amend the licence to state an annual volumetric limit.\nIn deciding the annual volumetric limit, the chief executive must have regard to the following—\nthe conditions of the licence;\nthe efficiency of the current use of water having regard to industry best practice in efficient water use;\nthe impact the taking is having on—\nthe flow of water to watercourses or springs; and\ngroundwater levels;\nthe annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;\nthe impact the taking is having on existing water entitlements and other authorities to take or interfere with water;\nthe availability of an alternative water supply for the purpose for which the water is being taken;\nthe total annual volumetric limits for water licences in the area;\nif the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.\n(sec.63-ssec.1) This section applies to an existing water licence to take groundwater in the Chillagoe groundwater management area that does not state the maximum annual volume of water that may be taken under the licence.\n(sec.63-ssec.2) The chief executive may, under section 217 of the Act , amend the licence to state an annual volumetric limit.\n(sec.63-ssec.3) In deciding the annual volumetric limit, the chief executive must have regard to the following— the conditions of the licence; the efficiency of the current use of water having regard to industry best practice in efficient water use; the impact the taking is having on— the flow of water to watercourses or springs; and groundwater levels; the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003; the impact the taking is having on existing water entitlements and other authorities to take or interfere with water; the availability of an alternative water supply for the purpose for which the water is being taken; the total annual volumetric limits for water licences in the area; if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.\n- (a) the conditions of the licence;\n- (b) the efficiency of the current use of water having regard to industry best practice in efficient water use;\n- (c) the impact the taking is having on— (i) the flow of water to watercourses or springs; and (ii) groundwater levels;\n- (i) the flow of water to watercourses or springs; and\n- (ii) groundwater levels;\n- (d) the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;\n- (e) the impact the taking is having on existing water entitlements and other authorities to take or interfere with water;\n- (f) the availability of an alternative water supply for the purpose for which the water is being taken;\n- (g) the total annual volumetric limits for water licences in the area;\n- (h) if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.\n- (i) the flow of water to watercourses or springs; and\n- (ii) groundwater levels;","sortOrder":59},{"sectionNumber":"sec.64","sectionType":"section","heading":"Conditions for taking groundwater","content":"### sec.64 Conditions for taking groundwater\n\nThis section applies to a water licence to take groundwater in the Chillagoe groundwater management area granted after the commencement of this plan.\nThe chief executive may impose conditions on the licence requiring the holder of the licence—\nto provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and\nto carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.\n(sec.64-ssec.1) This section applies to a water licence to take groundwater in the Chillagoe groundwater management area granted after the commencement of this plan.\n(sec.64-ssec.2) The chief executive may impose conditions on the licence requiring the holder of the licence— to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.\n- (a) to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and\n- (b) to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.","sortOrder":60},{"sectionNumber":"sec.65","sectionType":"section","heading":"Taking water using existing water bores authorised","content":"### sec.65 Taking water using existing water bores authorised\n\nThe owner of an existing water bore in the Chillagoe groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan.\nAlso, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater—\nafter the notice is given; and\nuntil the owner is granted a water licence under section 66 .\nSubsections (1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner.\nIn this section—\nrelevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Chillagoe groundwater management area, means the annual volume of groundwater the owner was taking in the Chillagoe groundwater management area before 17 October 2003.\n(sec.65-ssec.1) The owner of an existing water bore in the Chillagoe groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan.\n(sec.65-ssec.2) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater— after the notice is given; and until the owner is granted a water licence under section 66 .\n(sec.65-ssec.3) Subsections (1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner.\n(sec.65-ssec.4) In this section— relevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Chillagoe groundwater management area, means the annual volume of groundwater the owner was taking in the Chillagoe groundwater management area before 17 October 2003.\n- (a) after the notice is given; and\n- (b) until the owner is granted a water licence under section 66 .","sortOrder":61},{"sectionNumber":"sec.66","sectionType":"section","heading":"Granting water licences for authorities under s 65","content":"### sec.66 Granting water licences for authorities under s 65\n\nThe chief executive must, under section 212 of the Act , grant a water licence to a person authorised under section 65 (2) to continue taking groundwater.\nThe licence must be consistent with this division.\n(sec.66-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to a person authorised under section 65 (2) to continue taking groundwater.\n(sec.66-ssec.2) The licence must be consistent with this division.","sortOrder":62}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text shows later amendments and omissions to the original instrument (several sections marked 'om' with amendment citations, e.g. s.17 om 2014 SL No.142 s.166; s.20–21, 24, 26, 42–43, 57, 59 also omitted or amended). Those omissions and amendment notes indicate the plan's scope has been adjusted since first made, removing or replacing earlier provisions and introducing new limits, area‑specific rules and transitional mechanisms (see amendment notes in the supplied text)."},"complexity_factors":["Broad administrative discretion: chief executive must consider many matters but retains wide decision‑making power (ss.18–19, 50, 53, 56, 63).","Multiple quantitative limits and formulas: fixed caps for reserve categories and area‑based calculations for annual volumes (ss.28, 30, 33–34, 47–49, 51).","Transitional and notice procedures for existing bores and overland flow works with time limits and entitlement freezes (ss.40–41, 55–56, 65–66).","Area‑specific regimes: Cape York, upper Mitchell and Chillagoe have bespoke rules (ss.23, 33, 51, 60–66).","Interaction with other statutory regimes and instruments, including the Act (s.212, s.217), Environmental Protection Act authorities and external schedules (s.54, s.56, schedule references in ss.47–48).","Technical evidence requirements: engineering certificates and pumping tests may be required to support licences or amendments (s.56, s.63).","Numerous exceptions and conditional approvals (e.g. size caps, cultural/ecological conditions) that require factual assessments (ss.36, 37, 52, 64).","Cross‑referencing across Parts, Divisions and external provisions increases interpretive and compliance burden (multiple internal references throughout ch.4)."],"plain_english_summary":"This plan sets how surface water and groundwater are allocated and managed in the Mitchell plan area. The chief executive decides environmental and water‑sharing rules (including licence purposes, maximum rates and daily/annual volumes), creates reserves for unallocated water (indigenous, strategic, general) with fixed volumetric caps, and controls approvals for impoundments, overland flow works and declared groundwater. It affects water users, landowners with bores or storage works, and the State as licence‑grantor: users must obtain licences, meet conditions and report or limit take as specified (see ss.18–19, 23–34, 36–56, 60–66)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"This appears to be the original 2007 Water Plan for the Mitchell catchment. The scope remains focused on water resource management in the Mitchell River area, with specific provisions for the Chillagoe groundwater management area and Cape York Peninsula Region. While there have been amendments (noted omissions in 2014 and 2016), the core structure addressing surface water, groundwater, overland flow, and unallocated water reserves appears consistent with the original intent of establishing a comprehensive water allocation and environmental management framework for this specific catchment."},"complexity_factors":["Extensive cross-referencing to other sections of the same plan (e.g., sections 18, 39, 41, 43, 48, 49, 50, 63) and to the parent Water Act 2000 (sections 20, 77, 212, 217)","Multiple nested conditional structures with tiered decision-making criteria (e.g., sections 47-49 have three-tiered hierarchies for calculating volumetric limits)","Geographic differentiation creating parallel regulatory regimes (upper Mitchell River vs other areas, Cape York Peninsula Region vs elsewhere, Chillagoe groundwater management area specifically)","Temporal complexity with multiple reference dates (commencement of plan, 17 October 2003, 10-year lookback periods, 1-year transition periods)","Defined terms scattered throughout including 'relevant annual volumetric limit', 'pumping pool', 'declared water', 'existing overland flow works', 'upper Mitchell water licence'","Multiple overlapping categories of water reserves (indigenous, strategic, general) with different purposes, limits, and conditions","Amendment history visible in text showing sections omitted in 2014, 2016, indicating evolving regulatory framework","Exception to exception structure (e.g., section 37 requires conditions but provides two exemptions; section 61 requires annual limits except for dewatering)"],"plain_english_summary":"This legislation is a **Water Resource Plan** for the Mitchell River catchment in Queensland, made under the *Water Act 2000*. It sets the rules for how surface water (rivers, creeks) and groundwater (underground aquifers) can be taken, shared, and managed in this specific region.\n\n**Who it affects:**\n- **Farmers and graziers** who need water for stock, irrigation, or domestic use\n- **Traditional Owners** in the Cape York Peninsula Region, who have access to a specific \"indigenous reserve\" of water\n- **Mining and industrial operators** who may need water for dewatering or processing\n- **Environmental managers** responsible for keeping rivers healthy\n- **Landholders** with existing dams, bores, or pumps\n\n**What it does:**\n\n**1. Protects the environment**\n- Requires the chief executive (a senior government official) to consider environmental factors when making rules, including:\n  - Keeping rivers connected so fish can move upstream and downstream\n  - Maintaining natural flow patterns (including dry periods)\n  - Protecting water quality, riverbanks, and cultural values of Aboriginal and Torres Strait Islander communities\n\n**2. Manages water sharing**\n- Sets **volumetric limits** (caps on how much water can be taken):\n  - **Indigenous reserve:** 5,000 megalitres per year for Cape York communities\n  - **Strategic reserve:** 10,000 megalitres per year for State purposes (like major infrastructure)\n  - **General reserve:** 20,000 ML/year (upper Mitchell River) + 35,000 ML/year (other areas)\n- Requires consideration of existing arrangements, local water availability, and impacts on other users\n\n**3. Regulates surface water use**\n- Controls building new weirs or dams that block water flow\n- Limits storage capacity for certain purposes (e.g., max 10ML for pumping pools, max 250ML for flood mitigation)\n- Protects waterholes and lakes by requiring conditions that maintain cultural and ecological values\n- Converts old groundwater licences to surface water licences where groundwater has been declared to be surface water\n\n**4. Controls overland flow water** (rainwater runoff)\n- Generally prohibits taking overland flow water except for:\n  - Stock and domestic use\n  - Small works (under 250ML capacity)\n  - Licensed use\n  - Environmental compliance purposes\n- Provides a transition period for existing illegal dams to be regularised\n\n**5. Manages groundwater in the Chillagoe area**\n- Restricts groundwater use to stock/domestic, monitoring, or licensed purposes\n- Requires licences to state annual volumetric limits (with an exception for dewatering)\n- Allows existing bore owners to continue use temporarily while applying for proper licences\n\n**Why it matters:**\nThis plan balances economic development (agriculture, mining) with environmental protection and Indigenous rights. It prevents over-extraction that could damage river systems, ensures water security for Traditional Owners, and provides certainty for existing water users while bringing unlicensed use under control."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The plan appears to operate within its original intended scope as a comprehensive water resource management instrument for the Mitchell River catchment. Some sections were omitted by later amendments (2014 and 2016 subordinate legislation), which streamlined the plan but did not fundamentally alter its purpose or coverage. The core objectives — balancing environmental protection, Indigenous water rights, and consumptive use across surface and groundwater — remain intact and consistent with the plan's stated purposes."},"complexity_factors":["Multiple interlocking water categories (surface water, groundwater, overland flow, declared water) each with distinct regulatory regimes","Heavily cross-referenced structure — sections constantly refer to other sections, schedules and external Acts (e.g. Water Act, Environmental Protection Act 1994)","Geographical specificity creates complexity — different rules apply to different nodes, named creeks, and named groundwater management areas within the plan area","Layered volumetric limit system with different caps for different reserve types and geographic zones","Complex transitional provisions for existing licence holders and bore owners, with multiple conditions and deadlines","Technical hydrological and ecological concepts (longitudinal connectivity, riffle habitats, aquifer contributions) embedded in legally binding decision-making criteria","Discretionary versus mandatory decision-making requirements are intertwined throughout, making it difficult to identify firm rights versus discretionary outcomes","Several sections have been omitted (shown as 'om') by later subordinate legislation, creating gaps in the numbering that require tracking of amendments to understand the current state of the law","Nested list structure (subsections containing paragraphs containing sub-paragraphs) with repeated content makes the text difficult to parse"],"plain_english_summary":"This Queensland water management plan for the Mitchell River catchment sets who may take surface and groundwater, when and how much, and under what conditions. It creates reserved pools of water for Indigenous communities, State projects and general users, imposes strict annual limits, and requires licences for most uses.\n\nIt prioritises river health and cultural values, regulates overland flow and groundwater (including Chillagoe), and provides transitional arrangements for existing users — affecting farmers, landowners, miners, Indigenous groups and aquatic ecosystems."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-mitchell-2007","history":"/api/acts/water-plan-mitchell-2007/history","analysis":"/api/acts/water-plan-mitchell-2007/analysis","conflicts":"/api/acts/water-plan-mitchell-2007/conflicts","importantCases":"/api/acts/water-plan-mitchell-2007/important-cases","documents":"/api/acts/water-plan-mitchell-2007/documents"}}