{"id":"qld:sl-2002-0379","name":"Water Plan (Pioneer Valley) 2002","slug":"water-plan-pioneer-valley-2002","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"379 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175870,"registerId":"qld-qld:sl-2002-0379-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis water plan may be cited as the Water Plan (Pioneer Valley) 2002 .\ns 1 sub 2014 Act No. 64 s 255 sch 2","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purposes of plan","content":"### sec.2 Purposes of plan\n\nThe following are the purposes of this plan—\nto define the availability of water in the plan area;\nto provide a framework for sustainably managing water and the taking of water;\nto identify priorities and mechanisms for dealing with future water requirements;\nto provide a framework for establishing water allocations;\nto provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;\nto regulate the taking of groundwater.\ns 2 amd 2009 SL No. 212 s 3\n- (a) to define the availability of water in the plan area;\n- (b) to provide a framework for sustainably managing water and the taking of water;\n- (c) to identify priorities and mechanisms for dealing with future water requirements;\n- (d) to provide a framework for establishing water allocations;\n- (e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;\n- (f) to regulate the taking of groundwater.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 10 defines particular words used in this plan.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Areas and water to which plan applies","content":"# Areas and water to which plan applies","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Plan area","content":"### sec.4 Plan area\n\nThis plan applies to the area shown as the plan area on the map in schedule 1 .","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Subcatchment areas","content":"### sec.5 Subcatchment areas\n\nEach part of the plan area that is within a subcatchment area shown on the map in schedule 2 is a subcatchment area for this plan.","sortOrder":6},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Groundwater management area and groundwater sub-areas","content":"### sec.5A Groundwater management area and groundwater sub-areas\n\nThe groundwater management area is the area shown on the map in schedule 2A .\nEach part of the groundwater management area that is within a groundwater sub-area shown on the map in schedule 2B is a groundwater sub-area for this plan.\nA groundwater sub-area contains all the aquifers in the groundwater sub-area.\ns 5A ins 2009 SL No. 212 s 4\n(sec.5A-ssec.1) The groundwater management area is the area shown on the map in schedule 2A .\n(sec.5A-ssec.2) Each part of the groundwater management area that is within a groundwater sub-area shown on the map in schedule 2B is a groundwater sub-area for this plan.\n(sec.5A-ssec.3) A groundwater sub-area contains all the aquifers in the groundwater sub-area.","sortOrder":7},{"sectionNumber":"sec.5B","sectionType":"section","heading":"Watercourse area and declaration about watercourse— Act , s 1006 (2)","content":"### sec.5B Watercourse area and declaration about watercourse— Act , s 1006 (2)\n\nThe watercourse area is the part of the plan area shown on the map in schedule 2C .\nGroundwater in an aquifer under a watercourse, or under land adjacent to a watercourse, in the watercourse area is declared to be water in a watercourse ( declared water ).\ns 5B ins 2009 SL No. 212 s 4\n(sec.5B-ssec.1) The watercourse area is the part of the plan area shown on the map in schedule 2C .\n(sec.5B-ssec.2) Groundwater in an aquifer under a watercourse, or under land adjacent to a watercourse, in the watercourse area is declared to be water in a watercourse ( declared water ).","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Information about areas","content":"### sec.6 Information about areas\n\nThe exact location of the following is held in digital electronic form by the department—\nthe boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas;\nthe coastline and seawater intrusion baseline.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.\nThe boundary locations in digital electronic form may be inspected at the department’s office at 22–30 Wood Street, Mackay.\ns 6 amd 2009 SL No. 212 s 5\n(sec.6-ssec.1) The exact location of the following is held in digital electronic form by the department— the boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas; the coastline and seawater intrusion baseline.\n(sec.6-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries. The boundary locations in digital electronic form may be inspected at the department’s office at 22–30 Wood Street, Mackay.\n- (a) the boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas;\n- (b) the coastline and seawater intrusion baseline.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Nodes","content":"### sec.7 Nodes\n\nA node mentioned in this plan is a place—\non a watercourse in the plan area or in the groundwater management area; and\nfor which environmental flow objectives are set for performance indicators.\nThe location of each node is shown on the map in schedule 1 or schedule 2A and described in schedule 3 .\nEach node is identified on the map by a letter of the alphabet or number.\ns 7 amd 2009 SL No. 212 s 6\n(sec.7-ssec.1) A node mentioned in this plan is a place— on a watercourse in the plan area or in the groundwater management area; and for which environmental flow objectives are set for performance indicators.\n(sec.7-ssec.2) The location of each node is shown on the map in schedule 1 or schedule 2A and described in schedule 3 .\n(sec.7-ssec.3) Each node is identified on the map by a letter of the alphabet or number.\n- (a) on a watercourse in the plan area or in the groundwater management area; and\n- (b) for which environmental flow objectives are set for performance indicators.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Water to which plan applies","content":"### sec.8 Water to which plan applies\n\nThis plan applies to the following water in the plan area—\nwater in a watercourse, lake or spring ( surface water );\ngroundwater.\ns 8 amd 2009 SL No. 212 s 7\n- (a) water in a watercourse, lake or spring ( surface water );\n- (b) groundwater.","sortOrder":11},{"sectionNumber":"pt.3","sectionType":"part","heading":"Outcomes for sustainable management of water","content":"# Outcomes for sustainable management of water","sortOrder":12},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Outcomes for plan area","content":"## Outcomes for plan area","sortOrder":13},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Outcomes for water in plan area","content":"### sec.8A Outcomes for water in plan area\n\nWater is to be allocated and sustainably managed in a way that—\nrecognises the natural state of watercourses, lakes, springs and aquifers has changed because of water infrastructure, flow supplementation and the taking of water; and\nseeks to achieve a balance in the following outcomes—\nthe general outcomes mentioned in sections 9 and 9A ;\nthe general ecological outcomes mentioned in sections 10 and 18A ;\nthe specific ecological outcomes mentioned in sections 12 to 18 .\ns 8A ins 2009 SL No. 212 s 8\n- (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of water infrastructure, flow supplementation and the taking of water; and\n- (b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in sections 9 and 9A ; (ii) the general ecological outcomes mentioned in sections 10 and 18A ; (iii) the specific ecological outcomes mentioned in sections 12 to 18 .\n- (i) the general outcomes mentioned in sections 9 and 9A ;\n- (ii) the general ecological outcomes mentioned in sections 10 and 18A ;\n- (iii) the specific ecological outcomes mentioned in sections 12 to 18 .\n- (i) the general outcomes mentioned in sections 9 and 9A ;\n- (ii) the general ecological outcomes mentioned in sections 10 and 18A ;\n- (iii) the specific ecological outcomes mentioned in sections 12 to 18 .","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"General outcomes for surface water and groundwater","content":"### sec.9 General outcomes for surface water and groundwater\n\nEach of the following is a general outcome for water in the plan area—\nto ensure a reliable and secure supply of water from the plan area during the time this plan is in force;\nto protect the probability of being able to obtain water under a water allocation;\nto provide for the opportunity for additional surface water to be taken from the Sandy Creek catchment area to reduce reliance on groundwater in areas affected, or likely to be affected, by seawater intrusion;\nto provide the opportunity for additional surface water to be taken from the Pioneer River for future water requirements;\nto allow water to be used for the following—\nagriculture;\naquaculture;\nindustrial needs;\nsmall scale uses;\nstock and domestic purposes;\ntourism and recreational uses;\nurban needs;\nto provide for the continued use of all water entitlements and other authorisations to take or interfere with surface water;\nto encourage the efficient use of water;\nto allow cultural use by Aboriginal or Torres Strait Islander communities;\nto provide water to support natural ecosystems including natural groundwater-dependent ecosystems.\ns 9 amd 2009 SL No. 212 s 9 ; 2016 SL No. 216 s 146 sch 20\n- (a) to ensure a reliable and secure supply of water from the plan area during the time this plan is in force;\n- (b) to protect the probability of being able to obtain water under a water allocation;\n- (c) to provide for the opportunity for additional surface water to be taken from the Sandy Creek catchment area to reduce reliance on groundwater in areas affected, or likely to be affected, by seawater intrusion;\n- (d) to provide the opportunity for additional surface water to be taken from the Pioneer River for future water requirements;\n- (e) to allow water to be used for the following— (i) agriculture; (ii) aquaculture; (iii) industrial needs; (iv) small scale uses; (v) stock and domestic purposes; (vi) tourism and recreational uses; (vii) urban needs;\n- (i) agriculture;\n- (ii) aquaculture;\n- (iii) industrial needs;\n- (iv) small scale uses;\n- (v) stock and domestic purposes;\n- (vi) tourism and recreational uses;\n- (vii) urban needs;\n- (f) to provide for the continued use of all water entitlements and other authorisations to take or interfere with surface water;\n- (g) to encourage the efficient use of water;\n- (h) to allow cultural use by Aboriginal or Torres Strait Islander communities;\n- (i) to provide water to support natural ecosystems including natural groundwater-dependent ecosystems.\n- (i) agriculture;\n- (ii) aquaculture;\n- (iii) industrial needs;\n- (iv) small scale uses;\n- (v) stock and domestic purposes;\n- (vi) tourism and recreational uses;\n- (vii) urban needs;","sortOrder":15},{"sectionNumber":"sec.9A","sectionType":"section","heading":"General outcomes for groundwater","content":"### sec.9A General outcomes for groundwater\n\nEach of the following is a general outcome for groundwater in the plan area—\nto maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow;\nto provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements );\nto provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements;\nto maintain and protect, where practicable, the quality of groundwater for consumptive purposes;\nirrigation\nto prevent further seawater intrusion.\nIn this section—\naffected groundwater sub-area means a groundwater sub-area affected or likely to be affected by seawater intrusion to the extent that the ability to take water under a water entitlement is reduced or extinguished.\ngroundwater flow system means a discrete 3 dimensional system through which groundwater flows from the area where groundwater is recharged to the area where groundwater is discharged from the system.\ngroundwater sub-area means a groundwater sub-area or part of a groundwater sub-area.\ns 9A ins 2009 SL No. 212 s 10\n(sec.9A-ssec.1) Each of the following is a general outcome for groundwater in the plan area— to maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow; to provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements ); to provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements; to maintain and protect, where practicable, the quality of groundwater for consumptive purposes; irrigation to prevent further seawater intrusion.\n(sec.9A-ssec.2) In this section— affected groundwater sub-area means a groundwater sub-area affected or likely to be affected by seawater intrusion to the extent that the ability to take water under a water entitlement is reduced or extinguished. groundwater flow system means a discrete 3 dimensional system through which groundwater flows from the area where groundwater is recharged to the area where groundwater is discharged from the system. groundwater sub-area means a groundwater sub-area or part of a groundwater sub-area.\n- (a) to maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow;\n- (b) to provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements );\n- (c) to provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements;\n- (d) to maintain and protect, where practicable, the quality of groundwater for consumptive purposes; Example of a consumptive purpose— irrigation\n- (e) to prevent further seawater intrusion.","sortOrder":16},{"sectionNumber":"sec.10","sectionType":"section","heading":"General ecological outcomes for surface water and groundwater","content":"### sec.10 General ecological outcomes for surface water and groundwater\n\nEach of the following is a general ecological outcome for water in the plan area—\nto maintain habitats of native plants and animals in watercourses, lakes, springs and groundwater;\nto maintain riparian systems and their functions influencing the riverine ecosystems;\nto maintain and favour native plants and animals associated with watercourses, lakes, springs and groundwater and riparian zones;\nto provide wet season flow to benefit native plants and animals in estuaries;\nto maintain long term water quality suitable for riverine and estuarine ecosystems and groundwater-dependent ecosystems;\nto maintain existing geomorphic features and processes;\nto maintain the capability of one part of the river system to be connected to another through the flow of water—\nthroughout the watercourse network; and\nwithin the riparian zone, floodplain and watercourses, lakes, springs and groundwater;\nto maintain ecosystem food chains, their balance and the movement of carbon energy.\ns 10 amd 2009 SL No. 212 s 11\n- (a) to maintain habitats of native plants and animals in watercourses, lakes, springs and groundwater;\n- (b) to maintain riparian systems and their functions influencing the riverine ecosystems;\n- (c) to maintain and favour native plants and animals associated with watercourses, lakes, springs and groundwater and riparian zones;\n- (d) to provide wet season flow to benefit native plants and animals in estuaries;\n- (e) to maintain long term water quality suitable for riverine and estuarine ecosystems and groundwater-dependent ecosystems;\n- (f) to maintain existing geomorphic features and processes;\n- (g) to maintain the capability of one part of the river system to be connected to another through the flow of water— (i) throughout the watercourse network; and (ii) within the riparian zone, floodplain and watercourses, lakes, springs and groundwater;\n- (i) throughout the watercourse network; and\n- (ii) within the riparian zone, floodplain and watercourses, lakes, springs and groundwater;\n- (h) to maintain ecosystem food chains, their balance and the movement of carbon energy.\n- (i) throughout the watercourse network; and\n- (ii) within the riparian zone, floodplain and watercourses, lakes, springs and groundwater;","sortOrder":17},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Specific ecological outcomes for surface water","content":"## Specific ecological outcomes for surface water","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of div 2","content":"### sec.11 Application of div 2\n\nWithout limiting section 10 , the ecological outcomes mentioned in this division apply to the parts of the plan area mentioned.","sortOrder":19},{"sectionNumber":"sec.12","sectionType":"section","heading":"Estuaries","content":"### sec.12 Estuaries\n\nAn ecological outcome for surface water is to provide a flow regime—\nto maintain delivery of freshwater, sediment, nutrients and organic matter to the estuaries of watercourses; and\nto maintain the brackish water habitat in the estuaries.\nAlso, an ecological outcome for surface water is to protect and improve the ecology of the Pioneer River estuary by reducing the frequency and duration of periods of no flow to the estuary.\ns 12 amd 2009 SL No. 212 s 13\n(sec.12-ssec.1) An ecological outcome for surface water is to provide a flow regime— to maintain delivery of freshwater, sediment, nutrients and organic matter to the estuaries of watercourses; and to maintain the brackish water habitat in the estuaries.\n(sec.12-ssec.2) Also, an ecological outcome for surface water is to protect and improve the ecology of the Pioneer River estuary by reducing the frequency and duration of periods of no flow to the estuary.\n- (a) to maintain delivery of freshwater, sediment, nutrients and organic matter to the estuaries of watercourses; and\n- (b) to maintain the brackish water habitat in the estuaries.","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"Blacks Creek and Pioneer River","content":"### sec.13 Blacks Creek and Pioneer River\n\nThis section applies to surface water in—\nBlacks Creek downstream of Teemburra Creek; and\nthe Pioneer River upstream of Mirani Weir.\nAn ecological outcome for the water is to minimise adverse impacts on environmental conditions and geomorphic processes in Blacks Creek and the river while recognising the likelihood of changes to the conditions and processes resulting from the existence and operation of Teemburra Dam.\ns 13 amd 2009 SL No. 212 s 14\n(sec.13-ssec.1) This section applies to surface water in— Blacks Creek downstream of Teemburra Creek; and the Pioneer River upstream of Mirani Weir.\n(sec.13-ssec.2) An ecological outcome for the water is to minimise adverse impacts on environmental conditions and geomorphic processes in Blacks Creek and the river while recognising the likelihood of changes to the conditions and processes resulting from the existence and operation of Teemburra Dam.\n- (a) Blacks Creek downstream of Teemburra Creek; and\n- (b) the Pioneer River upstream of Mirani Weir.","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Subcatchment areas 2, 3 and 4","content":"### sec.14 Subcatchment areas 2, 3 and 4\n\nAn ecological outcome for surface water in subcatchment area 2, 3 or 4 is to maintain areas and species of significant conservation value in the creeks in the subcatchment areas.\ns 14 amd 2009 SL No. 212 s 15","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Subcatchment area 12","content":"### sec.15 Subcatchment area 12\n\nAn ecological outcome for surface water in subcatchment area 12 is to reduce seawater intrusion in the coastal section of the Pioneer Valley groundwater system associated with the area.\ns 15 amd 2009 SL No. 212 s 16","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Palm Tree Creek","content":"### sec.16 Palm Tree Creek\n\nAn ecological outcome for surface water in Palm Tree Creek downstream of the diversion pipeline outlet from Teemburra Dam is to minimise adverse impacts on environmental conditions and geomorphic processes in the creek while recognising the likelihood of—\nerosion of the creek’s bed and banks, and loss of riparian vegetation, because of flow supplementation; and\nchanges to the creek’s instream and riparian habitats resulting from a more perennial flow regime.\ns 16 amd 2009 SL No. 212 s 17\n- (a) erosion of the creek’s bed and banks, and loss of riparian vegetation, because of flow supplementation; and\n- (b) changes to the creek’s instream and riparian habitats resulting from a more perennial flow regime.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Silver Creek","content":"### sec.17 Silver Creek\n\nAn ecological outcome for surface water in Silver Creek downstream of the outlet for the diversion channel for surface water from Cattle Creek is to minimise adverse impacts on environmental conditions and geomorphic processes in Silver Creek while recognising the likelihood of changes to the creek’s instream and riparian habitats resulting from a more perennial flow regime.\ns 17 amd 2009 SL No. 212 s 18","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Teemburra Creek","content":"### sec.18 Teemburra Creek\n\nAn ecological outcome for surface water in Teemburra Creek downstream of Teemburra Dam is to minimise adverse impacts on environmental conditions and geomorphic processes in the creek while recognising the likelihood of the following resulting from the existence and operation of the dam—\nreduction of sediment, and changed geomorphic processes, in the creek;\nspread of riparian vegetation into the creek;\nincreased opportunity for weed growth in the creek’s riparian zones;\ndepletion of flood-spawning species, including, for example, spangled perch and neosilurid catfishes.\ns 18 amd 2009 SL No. 212 s 19\n- (a) reduction of sediment, and changed geomorphic processes, in the creek;\n- (b) spread of riparian vegetation into the creek;\n- (c) increased opportunity for weed growth in the creek’s riparian zones;\n- (d) depletion of flood-spawning species, including, for example, spangled perch and neosilurid catfishes.","sortOrder":26},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"General ecological outcomes for groundwater","content":"## General ecological outcomes for groundwater","sortOrder":27},{"sectionNumber":"sec.18A","sectionType":"section","heading":"General ecological outcomes","content":"### sec.18A General ecological outcomes\n\nEach of the following is a general ecological outcome for groundwater in the plan area—\nto maintain biological diversity of groundwater-dependent ecosystems;\nto maintain groundwater levels at depths, and groundwater flows, providing for the groundwater requirements of groundwater-dependent ecosystems;\nto maintain the capability of groundwater to flow from a part of an aquifer to another part of the aquifer or to watercourses, lakes, estuaries, near-shore marine systems or wetlands.\ns 18A ins 2009 SL No. 212 s 20\n- (a) to maintain biological diversity of groundwater-dependent ecosystems;\n- (b) to maintain groundwater levels at depths, and groundwater flows, providing for the groundwater requirements of groundwater-dependent ecosystems;\n- (c) to maintain the capability of groundwater to flow from a part of an aquifer to another part of the aquifer or to watercourses, lakes, estuaries, near-shore marine systems or wetlands.","sortOrder":28},{"sectionNumber":"pt.4","sectionType":"part","heading":"Performance indicators and objectives","content":"# Performance indicators and objectives","sortOrder":29},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Environmental flow objectives","content":"## Environmental flow objectives","sortOrder":30},{"sectionNumber":"sec.19","sectionType":"section","heading":"Performance indicators for environmental flow objectives","content":"### sec.19 Performance indicators for environmental flow objectives\n\nThe performance indicators for the environmental flow objectives are—\nfor assessing periods of low flow—\n50% daily flow; and\n90% daily flow; and\ndaily flow less than 1ML; and\nnumber of periods of no flow of at least 1 month but less than 3 months; and\nnumber of periods of no flow of at least 3 months; and\nfor assessing periods of medium to high flow—\nmean annual flow; and\n1.5 year daily flow volume; and\n5 year daily flow volume; and\n20 year daily flow volume; and\nfor assessing seasonal flow patterns—\nflow regime class; and\nannual proportional flow deviation; and\nmean wet season flow; and\nfor assessing baseflow in subcatchment area 12—\ndaily flow less than 1ML; and\ndaily flow less than 50ML.\ns 19 amd 2009 SL No. 212 s 22\n- (a) for assessing periods of low flow— (i) 50% daily flow; and (ii) 90% daily flow; and (iii) daily flow less than 1ML; and (iv) number of periods of no flow of at least 1 month but less than 3 months; and (v) number of periods of no flow of at least 3 months; and\n- (i) 50% daily flow; and\n- (ii) 90% daily flow; and\n- (iii) daily flow less than 1ML; and\n- (iv) number of periods of no flow of at least 1 month but less than 3 months; and\n- (v) number of periods of no flow of at least 3 months; and\n- (b) for assessing periods of medium to high flow— (i) mean annual flow; and (ii) 1.5 year daily flow volume; and (iii) 5 year daily flow volume; and (iv) 20 year daily flow volume; and\n- (i) mean annual flow; and\n- (ii) 1.5 year daily flow volume; and\n- (iii) 5 year daily flow volume; and\n- (iv) 20 year daily flow volume; and\n- (c) for assessing seasonal flow patterns— (i) flow regime class; and (ii) annual proportional flow deviation; and (iii) mean wet season flow; and\n- (i) flow regime class; and\n- (ii) annual proportional flow deviation; and\n- (iii) mean wet season flow; and\n- (d) for assessing baseflow in subcatchment area 12— (i) daily flow less than 1ML; and (ii) daily flow less than 50ML.\n- (i) daily flow less than 1ML; and\n- (ii) daily flow less than 50ML.\n- (i) 50% daily flow; and\n- (ii) 90% daily flow; and\n- (iii) daily flow less than 1ML; and\n- (iv) number of periods of no flow of at least 1 month but less than 3 months; and\n- (v) number of periods of no flow of at least 3 months; and\n- (i) mean annual flow; and\n- (ii) 1.5 year daily flow volume; and\n- (iii) 5 year daily flow volume; and\n- (iv) 20 year daily flow volume; and\n- (i) flow regime class; and\n- (ii) annual proportional flow deviation; and\n- (iii) mean wet season flow; and\n- (i) daily flow less than 1ML; and\n- (ii) daily flow less than 50ML.","sortOrder":31},{"sectionNumber":"sec.20","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.20 Environmental flow objectives\n\nThe environmental flow objectives for surface water are stated in schedule 4 , parts 1 to 4 .\ns 20 amd 2009 SL No. 212 s 23","sortOrder":32},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.20A Environmental flow objectives\n\nThe environmental flow objectives for groundwater are stated in schedule 4 , parts 5 and 6 .\ns 20A ins 2009 SL No. 212 s 24","sortOrder":33},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems","content":"### sec.20B Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems\n\nThe performance indicator for the environmental flow objectives for assessing flow to a relevant groundwater-dependent ecosystem is the drawdown deviation.\ns 20B ins 2009 SL No. 212 s 24\nsub 2014 SL No. 142 s 201","sortOrder":34},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Performance indicator for environmental flow objectives—seawater intrusion","content":"### sec.20C Performance indicator for environmental flow objectives—seawater intrusion\n\nThe performance indicator for the environmental flow objectives for assessing the extent of seawater intrusion is the maximum seawater intrusion area.\nIn this section—\nseawater intrusion area means the area of land, expressed in hectares, between the coastline and the seawater intrusion front.\ns 20C ins 2009 SL No. 212 s 24\n(sec.20C-ssec.1) The performance indicator for the environmental flow objectives for assessing the extent of seawater intrusion is the maximum seawater intrusion area.\n(sec.20C-ssec.2) In this section— seawater intrusion area means the area of land, expressed in hectares, between the coastline and the seawater intrusion front.","sortOrder":35},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Water allocation security objectives","content":"## Water allocation security objectives","sortOrder":36},{"sectionNumber":"sec.21","sectionType":"section","heading":"Performance indicators for water allocation security objectives","content":"### sec.21 Performance indicators for water allocation security objectives\n\nThe performance indicators for the water allocation security objectives are—\nfor taking supplemented water—the monthly supplemented water sharing index; and\nfor taking unsupplemented water—\n30% unsupplemented water sharing index; and\n50% unsupplemented water sharing index; and\n70% unsupplemented water sharing index; and\nfor taking groundwater—the annual volume probability.\ns 21 amd 2009 SL No. 212 s 25\n- (a) for taking supplemented water—the monthly supplemented water sharing index; and\n- (b) for taking unsupplemented water— (i) 30% unsupplemented water sharing index; and (ii) 50% unsupplemented water sharing index; and (iii) 70% unsupplemented water sharing index; and\n- (i) 30% unsupplemented water sharing index; and\n- (ii) 50% unsupplemented water sharing index; and\n- (iii) 70% unsupplemented water sharing index; and\n- (c) for taking groundwater—the annual volume probability.\n- (i) 30% unsupplemented water sharing index; and\n- (ii) 50% unsupplemented water sharing index; and\n- (iii) 70% unsupplemented water sharing index; and","sortOrder":37},{"sectionNumber":"sec.22","sectionType":"section","heading":"Water allocation security objectives","content":"### sec.22 Water allocation security objectives\n\nThe water allocation security objectives for this plan are stated in—\nfor water allocations to take supplemented water— schedule 5 , part 1 ; and\nfor water allocations to take unsupplemented water— schedule 5 , part 2 ; and\nfor water allocations to take groundwater— schedule 5 , part 3 .\ns 22 amd 2009 SL No. 212 s 26\n- (a) for water allocations to take supplemented water— schedule 5 , part 1 ; and\n- (b) for water allocations to take unsupplemented water— schedule 5 , part 2 ; and\n- (c) for water allocations to take groundwater— schedule 5 , part 3 .","sortOrder":38},{"sectionNumber":"pt.4A","sectionType":"part","heading":"General strategies for achieving outcomes for surface water and groundwater","content":"# General strategies for achieving outcomes for surface water and groundwater","sortOrder":39},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Particular strategies for achieving outcomes","content":"## Particular strategies for achieving outcomes","sortOrder":40},{"sectionNumber":"sec.22A","sectionType":"section","heading":null,"content":"### Section sec.22A\n\ns 22A ins 2009 SL No. 212 s 27\nom 2014 SL No. 142 s 202","sortOrder":41},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Nominal entitlement or annual volumetric limit","content":"### sec.22B Nominal entitlement or annual volumetric limit\n\nThe chief executive must decide the following—\nthe nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ;\nthe nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ;\nthe annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3.\nThe nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement.\nHowever, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume.\nIn considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following—\nthe capacity of existing works to take groundwater as at the plan amendment day;\nthe number of hours existing works were operated during the relevant period;\nfor existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;\nfor existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;\nthe efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ;\nfor existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence;\nthe availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate;\nthe availability of other water sources in the area to which the water entitlement relates;\nthe density of water bores for taking groundwater in the area to which the water entitlement relates.\nSubsection (4) does not limit the matters the chief executive may consider.\nIn this section—\ncapacity of existing works means—\nif the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or\nif the works have an equipped rate only—the equipped rate for the works; or\nif the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works.\ndesign pumping rate , for a water bore, means the pumping rate—\nat which the bore can be pumped without causing the bore’s pump to break suction; and\nestimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.\nequipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used.\nestimated volume , to take groundwater for a water entitlement, means the least of the following—\nthe volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to—\nthe efficiency of the use of groundwater using the works during the relevant period; and\nthe availability of other water sources in the area to which the water entitlement relates;\nthe volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated;\nthe volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML;\nthe volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence;\nthe availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate.\nexisting works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.\nPioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947.\nrelevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day.\ns 22B ins 2009 SL No. 212 s 27\n(sec.22B-ssec.1) The chief executive must decide the following— the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ; the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ; the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3.\n(sec.22B-ssec.2) The nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement.\n(sec.22B-ssec.3) However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume.\n(sec.22B-ssec.4) In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following— the capacity of existing works to take groundwater as at the plan amendment day; the number of hours existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ; for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence; the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates.\n(sec.22B-ssec.5) Subsection (4) does not limit the matters the chief executive may consider.\n(sec.22B-ssec.6) In this section— capacity of existing works means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML; the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence; the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Pioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day.\n- (a) the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ;\n- (b) the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ;\n- (c) the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3.\n- (a) the capacity of existing works to take groundwater as at the plan amendment day;\n- (b) the number of hours existing works were operated during the relevant period;\n- (c) for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;\n- (d) for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;\n- (e) the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ;\n- (f) for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence;\n- (g) the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate;\n- (h) the availability of other water sources in the area to which the water entitlement relates;\n- (i) the density of water bores for taking groundwater in the area to which the water entitlement relates.\n- (a) if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or\n- (b) if the works have an equipped rate only—the equipped rate for the works; or\n- (c) if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works.\n- (a) at which the bore can be pumped without causing the bore’s pump to break suction; and\n- (b) estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.\n- (a) the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— (i) the efficiency of the use of groundwater using the works during the relevant period; and (ii) the availability of other water sources in the area to which the water entitlement relates;\n- (i) the efficiency of the use of groundwater using the works during the relevant period; and\n- (ii) the availability of other water sources in the area to which the water entitlement relates;\n- (b) the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated;\n- (c) the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML;\n- (d) the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence;\n- (e) the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate.\n- (i) the efficiency of the use of groundwater using the works during the relevant period; and\n- (ii) the availability of other water sources in the area to which the water entitlement relates;","sortOrder":42},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Moratorium notices and arrangements for applications made before 25 June 2003","content":"## Moratorium notices and arrangements for applications made before 25 June 2003","sortOrder":43},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Continued effect of moratorium notice published on 20 September 2000— Act , s 46 (3)","content":"### sec.22C Continued effect of moratorium notice published on 20 September 2000— Act , s 46 (3)\n\nThis section continues, in part, the effect of the moratorium notice, published on 20 September 2000.\nThis section applies to an application under the Act or the repealed Act if granting the application would have 1 or more of the following effects on surface water to which this plan relates—\nincrease the amount of surface water taken or interfered with;\nchange the location from which the surface water may be taken or interfered with;\nincrease the maximum rate for taking or interfering with the surface water;\nchange the conditions under which the surface water may be taken;\nchange the purpose for which surface water may be taken.\nThe application will be accepted but not dealt with until the resource operations plan deals with the allocation of unallocated surface water in the area to which the application relates.\nHowever, subsection (3) does not apply to an application—\nfor a water permit; or\nby an interim resource operations licence holder to transfer an interim water allocation; or\nfor a licence, or amendment of a licence, to take water managed by the Pioneer Valley Water Board; or\nto reinstate or replace an expired licence.\nThe chief executive’s acceptance of an application does not give the applicant priority in having the application decided.\ns 22C (prev s 49) amd 2009 SL No. 212 s 44\nrenum and reloc 2009 SL No. 212 s 44 (3)\n(sec.22C-ssec.1) This section continues, in part, the effect of the moratorium notice, published on 20 September 2000.\n(sec.22C-ssec.2) This section applies to an application under the Act or the repealed Act if granting the application would have 1 or more of the following effects on surface water to which this plan relates— increase the amount of surface water taken or interfered with; change the location from which the surface water may be taken or interfered with; increase the maximum rate for taking or interfering with the surface water; change the conditions under which the surface water may be taken; change the purpose for which surface water may be taken.\n(sec.22C-ssec.3) The application will be accepted but not dealt with until the resource operations plan deals with the allocation of unallocated surface water in the area to which the application relates.\n(sec.22C-ssec.4) However, subsection (3) does not apply to an application— for a water permit; or by an interim resource operations licence holder to transfer an interim water allocation; or for a licence, or amendment of a licence, to take water managed by the Pioneer Valley Water Board; or to reinstate or replace an expired licence.\n(sec.22C-ssec.5) The chief executive’s acceptance of an application does not give the applicant priority in having the application decided.\n- (a) increase the amount of surface water taken or interfered with;\n- (b) change the location from which the surface water may be taken or interfered with;\n- (c) increase the maximum rate for taking or interfering with the surface water;\n- (d) change the conditions under which the surface water may be taken;\n- (e) change the purpose for which surface water may be taken.\n- (a) for a water permit; or\n- (b) by an interim resource operations licence holder to transfer an interim water allocation; or\n- (c) for a licence, or amendment of a licence, to take water managed by the Pioneer Valley Water Board; or\n- (d) to reinstate or replace an expired licence.","sortOrder":44},{"sectionNumber":"sec.22D","sectionType":"section","heading":"Continued effect of moratorium notice published on 25 June 2003 and subsequently amended— Act , s 46 (3)","content":"### sec.22D Continued effect of moratorium notice published on 25 June 2003 and subsequently amended— Act , s 46 (3)\n\nThis section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008.\nSubsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects—\nincrease the amount of water that may be taken or interfered with;\nchange the location from which the water may be taken or interfered with;\nincrease the maximum rate for taking or interfering with the water.\nThe application will not be accepted until the resource operations plan is approved.\nHowever, subsection (3) does not apply to an application—\nto reinstate, under section 221 of the Act , an expired water licence; or\nto amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or\nto replace, under section 225 of the Act , an original licence with 2 or more water licences; or\nto replace, under section 229 of the Act , an expired licence with 1 or more water licences.\nWorks to take groundwater must not be physically started.\nHowever, subsection (5) does not apply to the following works—\nworks for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion;\nworks for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and—\na plan of survey for a reconfiguration of the land is registered before 28 June 2008; or\na plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or\na reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or\npart of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;\nworks authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ;\nworks, replacing existing works, to be constructed within 10m of the existing works.\nCompleted, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east.\nIn this section—\n149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.\nexisting works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008.\ns 22D ins 2009 SL No. 212 s 27\n(sec.22D-ssec.1) This section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008.\n(sec.22D-ssec.2) Subsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects— increase the amount of water that may be taken or interfered with; change the location from which the water may be taken or interfered with; increase the maximum rate for taking or interfering with the water.\n(sec.22D-ssec.3) The application will not be accepted until the resource operations plan is approved.\n(sec.22D-ssec.4) However, subsection (3) does not apply to an application— to reinstate, under section 221 of the Act , an expired water licence; or to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or to replace, under section 225 of the Act , an original licence with 2 or more water licences; or to replace, under section 229 of the Act , an expired licence with 1 or more water licences.\n(sec.22D-ssec.5) Works to take groundwater must not be physically started.\n(sec.22D-ssec.6) However, subsection (5) does not apply to the following works— works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion; works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008; works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ; works, replacing existing works, to be constructed within 10m of the existing works.\n(sec.22D-ssec.7) Completed, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east.\n(sec.22D-ssec.8) In this section— 149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. existing works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008.\n- (a) increase the amount of water that may be taken or interfered with;\n- (b) change the location from which the water may be taken or interfered with;\n- (c) increase the maximum rate for taking or interfering with the water.\n- (a) to reinstate, under section 221 of the Act , an expired water licence; or\n- (b) to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or\n- (c) to replace, under section 225 of the Act , an original licence with 2 or more water licences; or\n- (d) to replace, under section 229 of the Act , an expired licence with 1 or more water licences.\n- (a) works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion;\n- (b) works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or (iii) a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;\n- (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or\n- (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or\n- (iii) a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or\n- (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;\n- (c) works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ;\n- (d) works, replacing existing works, to be constructed within 10m of the existing works.\n- (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or\n- (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or\n- (iii) a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or\n- (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;","sortOrder":45},{"sectionNumber":"sec.22E","sectionType":"section","heading":null,"content":"### Section sec.22E\n\ns 22E ins 2009 SL No. 212 s 27\nom 2014 SL No. 142 s 203","sortOrder":46},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Measuring devices","content":"## Measuring devices","sortOrder":47},{"sectionNumber":"sec.22F","sectionType":"section","heading":null,"content":"### Section sec.22F\n\ns 22F ins 2009 SL No. 212 s 27\nom 2014 SL No. 142 s 204","sortOrder":48},{"sectionNumber":"sec.22G","sectionType":"section","heading":"Electrical conductivity—groundwater","content":"### sec.22G Electrical conductivity—groundwater\n\nThe chief executive must decide whether to install a meter for measuring and recording the electrical conductivity of groundwater taken under a water entitlement using a water bore on land in groundwater sub-area 11, 12, 13, 15, 16 or 17.\nIn deciding whether to install the meter, the chief executive must have regard to—\nthe electrical conductivity of the groundwater in the sub-area; and\nthe proximity of the bore to the seawater intrusion front.\nIf the chief executive decides to install the meter, it must be used from the day and in the circumstances mentioned in the resource operations plan.\ns 22G ins 2009 SL No. 212 s 27\n(sec.22G-ssec.1) The chief executive must decide whether to install a meter for measuring and recording the electrical conductivity of groundwater taken under a water entitlement using a water bore on land in groundwater sub-area 11, 12, 13, 15, 16 or 17.\n(sec.22G-ssec.2) In deciding whether to install the meter, the chief executive must have regard to— the electrical conductivity of the groundwater in the sub-area; and the proximity of the bore to the seawater intrusion front.\n(sec.22G-ssec.3) If the chief executive decides to install the meter, it must be used from the day and in the circumstances mentioned in the resource operations plan.\n- (a) the electrical conductivity of the groundwater in the sub-area; and\n- (b) the proximity of the bore to the seawater intrusion front.","sortOrder":49},{"sectionNumber":"pt.5","sectionType":"part","heading":"Strategies for achieving outcomes (surface water)","content":"# Strategies for achieving outcomes (surface water)","sortOrder":50},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":51},{"sectionNumber":"sec.23","sectionType":"section","heading":"Decisions consistent with objectives","content":"### sec.23 Decisions consistent with objectives\n\nDecisions about the allocation or management of surface water in the plan area, other than a decision in relation to a water permit, must be consistent with—\nthe environmental flow objectives stated in schedule 4 , part 1 , 2 , 3 or 4 ; and\nthe water allocation security objectives stated in schedule 5 , part 1 or 2 .\ns 23 amd 2009 SL No. 212 s 29\n- (a) the environmental flow objectives stated in schedule 4 , part 1 , 2 , 3 or 4 ; and\n- (b) the water allocation security objectives stated in schedule 5 , part 1 or 2 .","sortOrder":52},{"sectionNumber":"sec.24","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.24 Assessing impact of decisions\n\nThe IQQM computer program’s simulation for the simulation period for surface water is used to assess consistency with the objectives.\nIf it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.\ns 24 amd 2009 SL No. 212 s 30\n(sec.24-ssec.1) The IQQM computer program’s simulation for the simulation period for surface water is used to assess consistency with the objectives.\n(sec.24-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.\n(sec.24-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.","sortOrder":53},{"sectionNumber":"sec.25","sectionType":"section","heading":"Taking or interfering with water from waterholes or lakes","content":"### sec.25 Taking or interfering with water from waterholes or lakes\n\nThis section applies to the chief executive in making a decision about—\na licence for taking unsupplemented water; or\nconverting an authorisation for taking unsupplemented water into a water allocation; or\nthe management of surface water under a resource operations licence.\nIf the licence, water allocation or resource operations licence allows taking or interfering with water from a waterhole or lake, the chief executive must—\nconsider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\nimpose a condition on the licence, water allocation or resource operation 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 a licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.\ns 25 amd 2009 SL No. 212 s 31\n(sec.25-ssec.1) This section applies to the chief executive in making a decision about— a licence for taking unsupplemented water; or converting an authorisation for taking unsupplemented water into a water allocation; or the management of surface water under a resource operations licence.\n(sec.25-ssec.2) If the licence, water allocation or resource operations licence allows taking or interfering with water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence, water allocation or resource operation 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.25-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 a licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n- (a) a licence for taking unsupplemented water; or\n- (b) converting an authorisation for taking unsupplemented water into a water allocation; or\n- (c) the management of surface water under a resource operations licence.\n- (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and\n- (b) impose a condition on the licence, water allocation or resource operation 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 a licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.","sortOrder":54},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Dealing with unallocated water under a resource operations plan","content":"## Dealing with unallocated water under a resource operations plan","sortOrder":55},{"sectionNumber":"sec.26","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.26 Matters chief executive must consider\n\nIn preparing and implementing a process for dealing with unallocated surface water under a resource operations plan, the chief executive must consider—\nthe efficiency of existing and proposed water use practices; and\nthe availability of an alternative water supply for the purpose for which the water is required; and\nthe impact the proposed taking of, or interfering with, the water may have on the following—\nwater quality;\ninundation of habitats;\nthe movement of fish and other aquatic species;\nthe natural movement of sediment;\nrecreation and aesthetic values;\ncultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\nwhether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 26 amd 2009 SL No. 212 s 32\n(sec.26-ssec.1) In preparing and implementing a process for dealing with unallocated surface water under a resource operations plan, the chief executive must consider— the efficiency of existing and proposed water use practices; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of, or interfering with, the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows.\n(sec.26-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the efficiency of existing and proposed water use practices; and\n- (b) the availability of an alternative water supply for the purpose for which the water is required; and\n- (c) the impact the proposed taking of, or interfering with, the water may have on the following— (i) water quality; (ii) inundation of habitats; (iii) the movement of fish and other aquatic species; (iv) the natural movement of sediment; (v) recreation and aesthetic values; (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\n- (i) water quality;\n- (ii) inundation of habitats;\n- (iii) the movement of fish and other aquatic species;\n- (iv) the natural movement of sediment;\n- (v) recreation and aesthetic values;\n- (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\n- (d) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows.\n- (i) water quality;\n- (ii) inundation of habitats;\n- (iii) the movement of fish and other aquatic species;\n- (iv) the natural movement of sediment;\n- (v) recreation and aesthetic values;\n- (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and","sortOrder":56},{"sectionNumber":"sec.27","sectionType":"section","heading":"Licences for unallocated surface water in subcatchment area 12","content":"### sec.27 Licences for unallocated surface water in subcatchment area 12\n\nThe chief executive may grant a licence for taking surface water from subcatchment area 12 only if the nominal entitlement for the licence does not result in the total nominal entitlements for licences granted after the commencement being more than 4000ML.\nThe chief executive must impose conditions on the licence that—\nsurface water may be taken only if—\nthe taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and\nthere is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and\nthe licensee must start taking surface water under the licence within 2 years after the day the licence is granted.\nThe licence must state the nominal entitlement and the maximum rate at which surface water may be taken under the licence.\ns 27 amd 2009 SL No. 212 s 33\n(sec.27-ssec.1) The chief executive may grant a licence for taking surface water from subcatchment area 12 only if the nominal entitlement for the licence does not result in the total nominal entitlements for licences granted after the commencement being more than 4000ML.\n(sec.27-ssec.2) The chief executive must impose conditions on the licence that— surface water may be taken only if— the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and the licensee must start taking surface water under the licence within 2 years after the day the licence is granted.\n(sec.27-ssec.3) The licence must state the nominal entitlement and the maximum rate at which surface water may be taken under the licence.\n- (a) surface water may be taken only if— (i) the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and (ii) there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and\n- (i) the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and\n- (ii) there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and\n- (b) the licensee must start taking surface water under the licence within 2 years after the day the licence is granted.\n- (i) the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and\n- (ii) there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and","sortOrder":57},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Deciding operational and supply arrangements for water infrastructure","content":"## Deciding operational and supply arrangements for water infrastructure","sortOrder":58},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 om 2014 SL No. 142 s 206","sortOrder":59},{"sectionNumber":"sec.29","sectionType":"section","heading":"Matters chief executive must consider","content":"### sec.29 Matters chief executive must consider\n\nIn deciding the operating arrangements and supply requirements for water infrastructure, the chief executive must consider—\nthe impact of the infrastructure’s operation on the following—\nwater quality;\ninstream water levels;\nerosion of the bed and banks of watercourses;\nriparian vegetation;\nthe extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;\nrecreation and aesthetic values;\ncultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\nthe impact of the infrastructure on the movement of fish and other aquatic species; and\nthe impact of the transfer of water between watercourses; and\nthe likelihood of fish deaths caused by the operation of the infrastructure.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 29 amd 2014 SL No. 142 s 207\n(sec.29-ssec.1) In deciding the operating arrangements and supply requirements for water infrastructure, the chief executive must consider— the impact of the infrastructure’s operation on the following— water quality; instream water levels; erosion of the bed and banks of watercourses; riparian vegetation; the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and the impact of the infrastructure on the movement of fish and other aquatic species; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure.\n(sec.29-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the impact of the infrastructure’s operation on the following— (i) water quality; (ii) instream water levels; (iii) erosion of the bed and banks of watercourses; (iv) riparian vegetation; (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; (vi) recreation and aesthetic values; (vii) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\n- (i) water quality;\n- (ii) instream water levels;\n- (iii) erosion of the bed and banks of watercourses;\n- (iv) riparian vegetation;\n- (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;\n- (vi) recreation and aesthetic values;\n- (vii) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and\n- (b) the impact of the infrastructure on the movement of fish and other aquatic species; and\n- (c) the impact of the transfer of water between watercourses; and\n- (d) the likelihood of fish deaths caused by the operation of the infrastructure.\n- (i) water quality;\n- (ii) instream water levels;\n- (iii) erosion of the bed and banks of watercourses;\n- (iv) riparian vegetation;\n- (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;\n- (vi) recreation and aesthetic values;\n- (vii) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and","sortOrder":60},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Water licences to take declared water","content":"## Water licences to take declared water","sortOrder":61},{"sectionNumber":"sec.30","sectionType":"section","heading":null,"content":"### Section sec.30\n\ns 30 om 2014 SL No. 142 s 209","sortOrder":62},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Granting water licences to take declared water","content":"### sec.30A Granting water licences to take declared water\n\nThis section applies if, under section 37 of the Act , a chief executive’s notice requires the owner of land in the watercourse area on which there are existing works for taking groundwater to notify the chief executive of the works and the water use.\nAfter the chief executive receives the notice, the chief executive may, under section 212 of the Act , grant a water licence to the owner to take declared water using the works.\nThe licence must be—\ngranted under a process stated in the resource operations plan; and\nconsistent with part 5A , division 7 .\nHowever, for the purpose of granting a water licence under this section, a reference in part 5A , division 7 to groundwater is taken to be a reference to declared water.\nIn this section—\nexisting works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.\ns 30A ins 2009 SL No. 212 s 34\namd 2011 Act No. 40 s 107 sch\n(sec.30A-ssec.1) This section applies if, under section 37 of the Act , a chief executive’s notice requires the owner of land in the watercourse area on which there are existing works for taking groundwater to notify the chief executive of the works and the water use.\n(sec.30A-ssec.2) After the chief executive receives the notice, the chief executive may, under section 212 of the Act , grant a water licence to the owner to take declared water using the works.\n(sec.30A-ssec.3) The licence must be— granted under a process stated in the resource operations plan; and consistent with part 5A , division 7 .\n(sec.30A-ssec.4) However, for the purpose of granting a water licence under this section, a reference in part 5A , division 7 to groundwater is taken to be a reference to declared water.\n(sec.30A-ssec.5) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.\n- (a) granted under a process stated in the resource operations plan; and\n- (b) consistent with part 5A , division 7 .","sortOrder":63},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Converting authorisations to water allocations","content":"## Converting authorisations to water allocations","sortOrder":64},{"sectionNumber":"sec.31","sectionType":"section","heading":"Definition for div 5","content":"### sec.31 Definition for div 5\n\nIn this division—\nauthorisation means an authorisation or authority mentioned in section 32 .","sortOrder":65},{"sectionNumber":"sec.32","sectionType":"section","heading":"Application of div 5","content":"### sec.32 Application of div 5\n\nThis division applies only to—\nauthorisations converted, under the resource operations plan, to water allocations; and\nwater allocations converted, under the resource operations plan, from authorisations.\ns 32 amd 2014 SL No. 142 s 210\n- (a) authorisations converted, under the resource operations plan, to water allocations; and\n- (b) water allocations converted, under the resource operations plan, from authorisations.","sortOrder":66},{"sectionNumber":"sec.33","sectionType":"section","heading":"Conditions of authorisations","content":"### sec.33 Conditions of authorisations\n\nThe chief executive must not include on an allocation, a condition of the authorisation that allowed the holder of the authorisation to take surface water in addition to the volume stated on the authorisation.\na condition allowing the taking of surface water as an ‘out of allocation supply’\nSubsection (1) does not apply to a condition stating flow conditions under which surface water may be taken for the purpose of water harvesting.\ns 33 amd 2009 SL No. 212 s 35\n(sec.33-ssec.1) The chief executive must not include on an allocation, a condition of the authorisation that allowed the holder of the authorisation to take surface water in addition to the volume stated on the authorisation. a condition allowing the taking of surface water as an ‘out of allocation supply’\n(sec.33-ssec.2) Subsection (1) does not apply to a condition stating flow conditions under which surface water may be taken for the purpose of water harvesting.","sortOrder":67},{"sectionNumber":"sec.34","sectionType":"section","heading":"Location for taking surface water","content":"### sec.34 Location for taking surface water\n\nThe location for taking surface water stated on a surface water allocation must include the place at which surface water could have been taken under the authorisation.\ns 34 amd 2009 SL No. 212 s 36","sortOrder":68},{"sectionNumber":"sec.35","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.35 Purpose to be stated on water allocation\n\nIf the purpose stated on an authorisation is one of the following, or a similar purpose, the purpose stated on the water allocation must be ‘rural’—\nstock;\ndomestic;\nirrigation;\nstock intensive;\nagriculture.\nIf the purpose stated on an authorisation is ‘distribution loss’, the purpose stated on the water allocation must be ‘distribution loss’.\n(sec.35-ssec.1) If the purpose stated on an authorisation is one of the following, or a similar purpose, the purpose stated on the water allocation must be ‘rural’— stock; domestic; irrigation; stock intensive; agriculture.\n(sec.35-ssec.2) If the purpose stated on an authorisation is ‘distribution loss’, the purpose stated on the water allocation must be ‘distribution loss’.\n- (a) stock;\n- (b) domestic;\n- (c) irrigation;\n- (d) stock intensive;\n- (e) agriculture.","sortOrder":69},{"sectionNumber":"sec.36","sectionType":"section","heading":null,"content":"### Section sec.36\n\ns 36 om 2014 SL No. 142 s 211","sortOrder":70},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 om 2014 SL No. 142 s 211","sortOrder":71},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2014 SL No. 142 s 211","sortOrder":72},{"sectionNumber":"sec.39","sectionType":"section","heading":"Volume of unsupplemented water","content":"### sec.39 Volume of unsupplemented water\n\nA water allocation to take unsupplemented water must state a monthly volumetric limit.\ns 39 sub 2014 SL No. 142 s 212","sortOrder":73},{"sectionNumber":"sec.40","sectionType":"section","heading":"Nominal volume for unsupplemented water","content":"### sec.40 Nominal volume for unsupplemented water\n\nIn deciding the nominal volume for a water allocation in a water allocation group mentioned in schedule 6 , table 1, column 1, the chief executive—\nmust have regard to—\nthe local availability of water; and\nthe conditions under which the water may be taken under the authorisation; and\nthe annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\nthe simulated mean annual diversion; and\nthe efficiency of the use of the water mentioned in subparagraph (iii) ; and\nmust ensure the total of the nominal volumes for the water allocation group is not more than the volume stated in schedule 6 , table 1, column 2, for the group.\ns 40 amd 2009 SL No. 212 s 37\n- (a) must have regard to— (i) the local availability of water; and (ii) the conditions under which the water may be taken under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the simulated mean annual diversion; and (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and\n- (i) the local availability of water; and\n- (ii) the conditions under which the water may be taken under the authorisation; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (iv) the simulated mean annual diversion; and\n- (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and\n- (b) must ensure the total of the nominal volumes for the water allocation group is not more than the volume stated in schedule 6 , table 1, column 2, for the group.\n- (i) the local availability of water; and\n- (ii) the conditions under which the water may be taken under the authorisation; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (iv) the simulated mean annual diversion; and\n- (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and","sortOrder":74},{"sectionNumber":"sec.41","sectionType":"section","heading":"Annual volumetric limit for unsupplemented water","content":"### sec.41 Annual volumetric limit for unsupplemented water\n\nThe annual volumetric limit for a water allocation to take unsupplemented water is—\nfor an authorisation that states an annual volume of water—the stated volume; and\nfor an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor conditional licences—3.3; and\nfor other licences—4.4; and\nfor another authorisation—the volume decided by the chief executive having regard to—\nthe conditions under which water may be taken under the authorisation; and\nthe water taking capacity of any existing works for taking water under the authorisation; and\nthe annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\n- (a) for an authorisation that states an annual volume of water—the stated volume; and\n- (b) for an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for conditional licences—3.3; and (ii) for other licences—4.4; and\n- (i) for conditional licences—3.3; and\n- (ii) for other licences—4.4; and\n- (c) for another authorisation—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the authorisation; and (ii) the water taking capacity of any existing works for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the authorisation; and\n- (ii) the water taking capacity of any existing works for taking water under the authorisation; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) for conditional licences—3.3; and\n- (ii) for other licences—4.4; and\n- (i) the conditions under which water may be taken under the authorisation; and\n- (ii) the water taking capacity of any existing works for taking water under the authorisation; and\n- (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .","sortOrder":75},{"sectionNumber":"sec.42","sectionType":"section","heading":"Monthly volumetric limits","content":"### sec.42 Monthly volumetric limits\n\nIn deciding monthly volumetric limits for a water allocation to take unsupplemented water, the chief executive must have regard to—\nthe local availability of water in each month; and\nthe conditions under which the water may be taken under the authorisation; and\nthe volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\nthe simulated mean annual diversion; and\nthe efficiency of the use of the water mentioned in paragraph (c) .\n- (a) the local availability of water in each month; and\n- (b) the conditions under which the water may be taken under the authorisation; and\n- (c) the volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and\n- (d) the simulated mean annual diversion; and\n- (e) the efficiency of the use of the water mentioned in paragraph (c) .","sortOrder":76},{"sectionNumber":"sec.43","sectionType":"section","heading":"Maximum rates for taking unsupplemented water","content":"### sec.43 Maximum rates for taking unsupplemented water\n\nThe maximum rate at which unsupplemented water may be taken under an allocation is—\nfor an authorisation that states a maximum rate—the stated rate; and\nfor an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 7 , column 1—\nif the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to—\nthe conditions under which the water may be taken; and\nthe water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and\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; and\nthe efficiency of the water use mentioned in subsubparagraph (C); or\notherwise—the rate stated in schedule 7 , column 2, for the pump size; and\nfor an authorisation that does not state a maximum rate but for which a related development permit states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and\nfor another authorisation—the rate decided by the chief executive having regard to—\nthe nature of the authorisation; and\nan estimate or measurement of the rate at which water is taken under the authorisation.\n- (a) for an authorisation that states a maximum rate—the stated rate; and\n- (b) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 7 , column 1— (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (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; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and\n- (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (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; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or\n- (A) the conditions under which the water may be taken; and\n- (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and\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; and\n- (D) the efficiency of the water use mentioned in subsubparagraph (C); or\n- (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and\n- (c) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and\n- (d) for another authorisation—the rate decided by the chief executive having regard to— (i) the nature of the authorisation; and (ii) an estimate or measurement of the rate at which water is taken under the authorisation.\n- (i) the nature of the authorisation; and\n- (ii) an estimate or measurement of the rate at which water is taken under the authorisation.\n- (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (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; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or\n- (A) the conditions under which the water may be taken; and\n- (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and\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; and\n- (D) the efficiency of the water use mentioned in subsubparagraph (C); or\n- (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and\n- (A) the conditions under which the water may be taken; and\n- (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and\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; and\n- (D) the efficiency of the water use mentioned in subsubparagraph (C); or\n- (i) the nature of the authorisation; and\n- (ii) an estimate or measurement of the rate at which water is taken under the authorisation.","sortOrder":77},{"sectionNumber":"sec.44","sectionType":"section","heading":"Conditions for unsupplemented water allocations","content":"### sec.44 Conditions for unsupplemented water allocations\n\nIn deciding the conditions under which water may be taken under a water allocation to take unsupplemented water, the chief executive must have regard to the conditions stated on the relevant authorisation.","sortOrder":78},{"sectionNumber":"sec.45","sectionType":"section","heading":"Water allocation groups for unsupplemented water allocations","content":"### sec.45 Water allocation groups for unsupplemented water allocations\n\nA water allocation to take unsupplemented water in a subcatchment area mentioned in schedule 8 , part 1 , column 1, belongs to—\nfor an authorisation that states the area that may be irrigated or for town water supply purposes—the water allocation group mentioned in column 2 for the subcatchment area; or\nfor an authorisation to take declared water for a purpose other than stock or domestic purposes—the water allocation group mentioned in column 3 for the subcatchment area; or\nfor other authorisations—the water allocation group mentioned in column 4 for the subcatchment area.\ns 45 amd 2009 SL No. 212 s 38\n- (a) for an authorisation that states the area that may be irrigated or for town water supply purposes—the water allocation group mentioned in column 2 for the subcatchment area; or\n- (b) for an authorisation to take declared water for a purpose other than stock or domestic purposes—the water allocation group mentioned in column 3 for the subcatchment area; or\n- (c) for other authorisations—the water allocation group mentioned in column 4 for the subcatchment area.","sortOrder":79},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Licences for taking unsupplemented water","content":"## Licences for taking unsupplemented water","sortOrder":80},{"sectionNumber":"sec.46","sectionType":"section","heading":"Water licences to take unsupplemented water","content":"### sec.46 Water licences to take unsupplemented water\n\nA water licence to take unsupplemented water must state—\na nominal entitlement for the licence; and\nthe maximum rate at which water may be taken under the licence; and\nthe purpose for which water may be taken under the licence.\ns 46 sub 2009 SL No. 212 s 39\namd 2014 SL No. 142 s 213\n- (a) a nominal entitlement for the licence; and\n- (b) the maximum rate at which water may be taken under the licence; and\n- (c) the purpose for which water may be taken under the licence.","sortOrder":81},{"sectionNumber":"sec.47","sectionType":"section","heading":"Nominal entitlement","content":"### sec.47 Nominal entitlement\n\nThis section states the nominal entitlement for a licence to take unsupplemented water in force on the commencement of this plan.\nThe nominal entitlement is—\nfor a licence or authority that states a volume of water that may be taken—the stated volume; and\nfor a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor a licence in subcatchment area 12 or 14—3.3; and\nfor a licence in subcatchment area 13—2.5; and\nfor a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and\nfor other licences—4.4; and\nfor another licence or authority—the volume decided by the chief executive having regard to—\nthe conditions under which water may be taken under the licence; and\nthe water taking capacity of any existing works for taking water under the licence; and\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; and\nthe efficiency of the use of the water mentioned in subparagraph (iii) .\ns 47 amd 2009 SL No. 212 s 40 ; 2014 SL No. 142 s 214\n(sec.47-ssec.1) This section states the nominal entitlement for a licence to take unsupplemented water in force on the commencement of this plan.\n(sec.47-ssec.2) The nominal entitlement is— for a licence or authority that states a volume of water that may be taken—the stated volume; and for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— for a licence in subcatchment area 12 or 14—3.3; and for a licence in subcatchment area 13—2.5; and for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and for other licences—4.4; and for another licence or authority—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the licence; and the water taking capacity of any existing works for taking water under the licence; and 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; and the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (a) for a licence or authority that states a volume of water that may be taken—the stated volume; and\n- (b) for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for a licence in subcatchment area 12 or 14—3.3; and (ii) for a licence in subcatchment area 13—2.5; and (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and (iv) for other licences—4.4; and\n- (i) for a licence in subcatchment area 12 or 14—3.3; and\n- (ii) for a licence in subcatchment area 13—2.5; and\n- (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and\n- (iv) for other licences—4.4; and\n- (c) for another licence or authority—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the licence; and (ii) the water taking capacity of any existing works for taking water under the licence; and (iii) 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; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) the conditions under which water may be taken under the licence; and\n- (ii) the water taking capacity of any existing works for taking water under the licence; and\n- (iii) 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; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .\n- (i) for a licence in subcatchment area 12 or 14—3.3; and\n- (ii) for a licence in subcatchment area 13—2.5; and\n- (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and\n- (iv) for other licences—4.4; and\n- (i) the conditions under which water may be taken under the licence; and\n- (ii) the water taking capacity of any existing works for taking water under the licence; and\n- (iii) 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; and\n- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .","sortOrder":82},{"sectionNumber":"sec.48","sectionType":"section","heading":"Maximum rates for taking unsupplemented water","content":"### sec.48 Maximum rates for taking unsupplemented water\n\nThe maximum rate at which unsupplemented water may be taken under a water licence is the maximum rate mentioned in section 43 or decided by the chief executive under that section as if the water licence were a water allocation.\ns 48 sub 2014 SL No. 142 s 215","sortOrder":83},{"sectionNumber":"sec.48A","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.48A Purpose to be stated on water licence\n\nThe purpose to be stated on a water licence to take unsupplemented water must be—\nif the purpose for which the water is being taken is agriculture, aquaculture, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or\notherwise—‘any’.\ns 48A ins 2009 SL No. 212 s 41\n- (a) if the purpose for which the water is being taken is agriculture, aquaculture, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":84},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Taking declared water for stock or domestic purposes","content":"## Taking declared water for stock or domestic purposes","sortOrder":85},{"sectionNumber":"sec.48B","sectionType":"section","heading":"Taking declared water for stock or domestic purposes authorised","content":"### sec.48B Taking declared water for stock or domestic purposes authorised\n\nThis section applies to an owner of land—\nin the watercourse area; and\nnot adjoining a watercourse in the watercourse area.\nThe owner may take declared water in the area for stock or domestic purposes.\ns 48B ins 2009 SL No. 212 s 43\n(sec.48B-ssec.1) This section applies to an owner of land— in the watercourse area; and not adjoining a watercourse in the watercourse area.\n(sec.48B-ssec.2) The owner may take declared water in the area for stock or domestic purposes.\n- (a) in the watercourse area; and\n- (b) not adjoining a watercourse in the watercourse area.","sortOrder":86},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Strategies for achieving outcomes (groundwater)","content":"# Strategies for achieving outcomes (groundwater)","sortOrder":87},{"sectionNumber":"pt.5A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":88},{"sectionNumber":"sec.49","sectionType":"section","heading":"Decisions consistent with objectives","content":"### sec.49 Decisions consistent with objectives\n\nDecisions about the allocation or management of groundwater in the plan area, other than a decision relating to a water permit, must be consistent with—\nthe environmental flow objectives stated in schedule 4 , part 5 or 6 ; and\nthe water allocation security objectives stated in schedule 5 , part 3 .\ns 49 ins 2009 SL No. 212 s 43\n- (a) the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and\n- (b) the water allocation security objectives stated in schedule 5 , part 3 .","sortOrder":89},{"sectionNumber":"sec.49A","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.49A Assessing impact of decisions\n\nThe groundwater computer program’s simulation for the simulation period for groundwater is used to assess consistency with the environmental flow objectives and water allocation security objectives for groundwater.\nIf it is not practicable to use the groundwater computer program, another assessment method approved by the chief executive may be used.\nThe chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the groundwater computer program.\nIn this section—\ngroundwater computer program means the MODFLOW computer program or MODHMS computer program.\nMODFLOW computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the plan area.\nMODHMS computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge, groundwater flows, river flows and seawater intrusion in parts of the plan area.\ns 49A ins 2009 SL No. 212 s 43\n(sec.49A-ssec.1) The groundwater computer program’s simulation for the simulation period for groundwater is used to assess consistency with the environmental flow objectives and water allocation security objectives for groundwater.\n(sec.49A-ssec.2) If it is not practicable to use the groundwater computer program, another assessment method approved by the chief executive may be used.\n(sec.49A-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the groundwater computer program.\n(sec.49A-ssec.4) In this section— groundwater computer program means the MODFLOW computer program or MODHMS computer program. MODFLOW computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the plan area. MODHMS computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge, groundwater flows, river flows and seawater intrusion in parts of the plan area.","sortOrder":90},{"sectionNumber":"sec.49B","sectionType":"section","heading":"Limitation on taking groundwater— Act , s 20 (2)","content":"### sec.49B Limitation on taking groundwater— Act , s 20 (2)\n\nA person may not take groundwater in the groundwater management area other than—\nunder a water permit; or\nunder a water entitlement; or\nunder an authorisation under section 49I or 49ZB .\ns 49B ins 2009 SL No. 212 s 43\namd 2013 Act No. 23 s 352 sch 1 pt 2\n- (a) under a water permit; or\n- (b) under a water entitlement; or\n- (c) under an authorisation under section 49I or 49ZB .","sortOrder":91},{"sectionNumber":"sec.49C","sectionType":"section","heading":"Restrictions on taking groundwater","content":"### sec.49C Restrictions on taking groundwater\n\nThis section applies to the chief executive in making a decision about—\nchanging a water allocation to take groundwater; or\na water licence to take groundwater; or\nconverting a water licence to take groundwater to a water allocation to take groundwater; or\ntaking groundwater involving an exchange between surface water and groundwater.\nIf the allocation or licence allows taking groundwater, the chief executive must—\nconsider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and\nconsider the impact the cumulative taking may have on—\nsurface water flows and groundwater flows; and\nother water users; and\nseawater intrusion or an area of poor water quality; and\nimpose a condition on the allocation or licence about—\nmaintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or\na condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD\nlimiting the maximum daily, monthly or quarterly rates of take of groundwater.\na condition that the maximum quarterly rate of take of groundwater is 25ML\nHowever, the chief executive need not impose a condition mentioned in subsection (2) (c) if the chief executive is satisfied—\nthe taking will not adversely impact on the ecological values or other water users; or\nfor a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed.\nSubsection (2) does not limit the matters the chief executive may consider.\nIn this section—\nAHD means Australian Height Datum.\ns 49C ins 2009 SL No. 212 s 43\n(sec.49C-ssec.1) This section applies to the chief executive in making a decision about— changing a water allocation to take groundwater; or a water licence to take groundwater; or converting a water licence to take groundwater to a water allocation to take groundwater; or taking groundwater involving an exchange between surface water and groundwater.\n(sec.49C-ssec.2) If the allocation or licence allows taking groundwater, the chief executive must— consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and consider the impact the cumulative taking may have on— surface water flows and groundwater flows; and other water users; and seawater intrusion or an area of poor water quality; and impose a condition on the allocation or licence about— maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD limiting the maximum daily, monthly or quarterly rates of take of groundwater. a condition that the maximum quarterly rate of take of groundwater is 25ML\n(sec.49C-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (c) if the chief executive is satisfied— the taking will not adversely impact on the ecological values or other water users; or for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n(sec.49C-ssec.4) Subsection (2) does not limit the matters the chief executive may consider.\n(sec.49C-ssec.5) In this section— AHD means Australian Height Datum.\n- (a) changing a water allocation to take groundwater; or\n- (b) a water licence to take groundwater; or\n- (c) converting a water licence to take groundwater to a water allocation to take groundwater; or\n- (d) taking groundwater involving an exchange between surface water and groundwater.\n- (a) consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and\n- (b) consider the impact the cumulative taking may have on— (i) surface water flows and groundwater flows; and (ii) other water users; and (iii) seawater intrusion or an area of poor water quality; and\n- (i) surface water flows and groundwater flows; and\n- (ii) other water users; and\n- (iii) seawater intrusion or an area of poor water quality; and\n- (c) impose a condition on the allocation or licence about— (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c) (i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c) (ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML\n- (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c) (i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD\n- (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c) (ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML\n- (i) surface water flows and groundwater flows; and\n- (ii) other water users; and\n- (iii) seawater intrusion or an area of poor water quality; and\n- (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c) (i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD\n- (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c) (ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML\n- (a) the taking will not adversely impact on the ecological values or other water users; or\n- (b) for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed.","sortOrder":92},{"sectionNumber":"sec.49D","sectionType":"section","heading":"Decisions not to increase amount of groundwater taken","content":"### sec.49D Decisions not to increase amount of groundwater taken\n\nThe chief executive must not make a decision about the allocation or management of groundwater in the plan area that would—\nincrease the annual volumetric limits for water allocations to take groundwater in the plan area; or\nincrease the nominal entitlements for water licences to take groundwater in the plan area; or\nallow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded.\nA decision mentioned in subsection (1) (b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day.\nSubsection (1) (a) and (b) do not apply to a decision—\nabout a water permit; or\nabout an application mentioned in section 22D (4) ; or\nto grant a water licence under section 30A ; or\nto grant a water licence under section 49J ; or\nto convert an authorisation to a water allocation mentioned in section 49K .\nIn this section—\nrelevant authorisation means—\nauthorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if—\nfor a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or\nfor a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or\nauthorisation 16.\ns 49D ins 2009 SL No. 212 s 43\namd 2014 SL No. 142 s 216\n(sec.49D-ssec.1) The chief executive must not make a decision about the allocation or management of groundwater in the plan area that would— increase the annual volumetric limits for water allocations to take groundwater in the plan area; or increase the nominal entitlements for water licences to take groundwater in the plan area; or allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded.\n(sec.49D-ssec.2) A decision mentioned in subsection (1) (b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day.\n(sec.49D-ssec.3) Subsection (1) (a) and (b) do not apply to a decision— about a water permit; or about an application mentioned in section 22D (4) ; or to grant a water licence under section 30A ; or to grant a water licence under section 49J ; or to convert an authorisation to a water allocation mentioned in section 49K .\n(sec.49D-ssec.4) In this section— relevant authorisation means— authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or authorisation 16.\n- (a) increase the annual volumetric limits for water allocations to take groundwater in the plan area; or\n- (b) increase the nominal entitlements for water licences to take groundwater in the plan area; or\n- (c) allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded.\n- (a) about a water permit; or\n- (b) about an application mentioned in section 22D (4) ; or\n- (c) to grant a water licence under section 30A ; or\n- (d) to grant a water licence under section 49J ; or\n- (e) to convert an authorisation to a water allocation mentioned in section 49K .\n- (a) authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— (i) for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or\n- (i) for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or\n- (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or\n- (b) authorisation 16.\n- (i) for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or\n- (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or","sortOrder":93},{"sectionNumber":"pt.5A-div.2","sectionType":"division","heading":"Environmental management rules, water sharing rules and water allocation change rules","content":"## Environmental management rules, water sharing rules and water allocation change rules","sortOrder":94},{"sectionNumber":"sec.49E","sectionType":"section","heading":"Matters to be considered for environmental management rules","content":"### sec.49E Matters to be considered for environmental management rules\n\nIn deciding the environmental management rules relating to groundwater to be included in the resource operations plan, the chief executive must consider—\nthe distance of a water bore from a watercourse, lake, spring or area of ecological value; and\nthe groundwater flow regime required to maintain the following—\nhabitats needed by aquatic biota in hyporheic zones;\nrelevant groundwater-dependent ecosystems;\nthe connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;\nthe natural seasonality of low flows and periods of no flow; and\nthe impact the taking or proposed taking of groundwater may have on the following—\nthe ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones;\nseawater intrusion or water quality;\nbaseflow.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 49E ins 2009 SL No. 212 s 45\n(sec.49E-ssec.1) In deciding the environmental management rules relating to groundwater to be included in the resource operations plan, the chief executive must consider— the distance of a water bore from a watercourse, lake, spring or area of ecological value; and the groundwater flow regime required to maintain the following— habitats needed by aquatic biota in hyporheic zones; relevant groundwater-dependent ecosystems; the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; the natural seasonality of low flows and periods of no flow; and the impact the taking or proposed taking of groundwater may have on the following— the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones; seawater intrusion or water quality; baseflow.\n(sec.49E-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) the distance of a water bore from a watercourse, lake, spring or area of ecological value; and\n- (b) the groundwater flow regime required to maintain the following— (i) habitats needed by aquatic biota in hyporheic zones; (ii) relevant groundwater-dependent ecosystems; (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; (iv) the natural seasonality of low flows and periods of no flow; and\n- (i) habitats needed by aquatic biota in hyporheic zones;\n- (ii) relevant groundwater-dependent ecosystems;\n- (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;\n- (iv) the natural seasonality of low flows and periods of no flow; and\n- (c) the impact the taking or proposed taking of groundwater may have on the following— (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones; (ii) seawater intrusion or water quality; (iii) baseflow.\n- (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones;\n- (ii) seawater intrusion or water quality;\n- (iii) baseflow.\n- (i) habitats needed by aquatic biota in hyporheic zones;\n- (ii) relevant groundwater-dependent ecosystems;\n- (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;\n- (iv) the natural seasonality of low flows and periods of no flow; and\n- (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones;\n- (ii) seawater intrusion or water quality;\n- (iii) baseflow.","sortOrder":95},{"sectionNumber":"sec.49F","sectionType":"section","heading":"Matters to be considered for water sharing rules","content":"### sec.49F 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 groundwater in a part of the groundwater management area, the chief executive must consider—\nany water sharing rules for the authorisations existing immediately before the plan amendment day; and\nthe local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and\nthe environmental flow objectives stated in schedule 4 , part 5 or 6 ; and\nthe water allocation security objectives stated in schedule 5 , part 3 ; and\nthe operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and\nthe daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and\nthe annual volumetric limits for water allocations, decided under sections 22B and 49N ; and\nthe nominal entitlements for water licences decided under sections 22B and 49U ; and\nthe impact of the taking on authorisations in the part of the groundwater management area; and\nthe impact of the taking on the movement of the seawater intrusion front; and\nthe proximity of any water bores to the seawater intrusion front; and\nthe electrical conductivity of the groundwater taken under the authorisations.\nSubsection (1) does not limit the matters the chief executive may consider.\ns 49F ins 2009 SL No. 212 s 45\n(sec.49F-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take groundwater in a part of the groundwater management area, the chief executive must consider— any water sharing rules for the authorisations existing immediately before the plan amendment day; and the local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and the water allocation security objectives stated in schedule 5 , part 3 ; and the operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and the daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and the annual volumetric limits for water allocations, decided under sections 22B and 49N ; and the nominal entitlements for water licences decided under sections 22B and 49U ; and the impact of the taking on authorisations in the part of the groundwater management area; and the impact of the taking on the movement of the seawater intrusion front; and the proximity of any water bores to the seawater intrusion front; and the electrical conductivity of the groundwater taken under the authorisations.\n(sec.49F-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n- (a) any water sharing rules for the authorisations existing immediately before the plan amendment day; and\n- (b) the local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and\n- (c) the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and\n- (d) the water allocation security objectives stated in schedule 5 , part 3 ; and\n- (e) the operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and\n- (f) the daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and\n- (g) the annual volumetric limits for water allocations, decided under sections 22B and 49N ; and\n- (h) the nominal entitlements for water licences decided under sections 22B and 49U ; and\n- (i) the impact of the taking on authorisations in the part of the groundwater management area; and\n- (j) the impact of the taking on the movement of the seawater intrusion front; and\n- (k) the proximity of any water bores to the seawater intrusion front; and\n- (l) the electrical conductivity of the groundwater taken under the authorisations.","sortOrder":96},{"sectionNumber":"sec.49G","sectionType":"section","heading":"Matters to be considered for water allocation change rules","content":"### sec.49G Matters to be considered for water allocation change rules\n\nIn deciding the water allocation change rules to be included in the resource operations plan for water allocations to take groundwater in a part of the groundwater management area, the chief executive must consider—\nthe volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and\nthe impact the proposed taking would have on the following—\nwatercourses, lakes, springs, baseflow, waterholes or areas of ecological value;\nthe ecological values of relevant groundwater-dependent ecosystems;\nseawater intrusion or areas of poor water quality;\nother authorisations in the area of the proposed taking;\nnodes or monitoring bores in the part of the groundwater management area.\nSubsection (1) does not limit the matters the chief executive may consider.\nIn this section—\nmonitoring bore means a water bore used for monitoring water levels in an aquifer.\nvolume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality.\ns 49G ins 2009 SL No. 212 s 45\n(sec.49G-ssec.1) In deciding the water allocation change rules to be included in the resource operations plan for water allocations to take groundwater in a part of the groundwater management area, the chief executive must consider— the volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and the impact the proposed taking would have on the following— watercourses, lakes, springs, baseflow, waterholes or areas of ecological value; the ecological values of relevant groundwater-dependent ecosystems; seawater intrusion or areas of poor water quality; other authorisations in the area of the proposed taking; nodes or monitoring bores in the part of the groundwater management area.\n(sec.49G-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.\n(sec.49G-ssec.3) In this section— monitoring bore means a water bore used for monitoring water levels in an aquifer. volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality.\n- (a) the volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and\n- (b) the impact the proposed taking would have on the following— (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value; (ii) the ecological values of relevant groundwater-dependent ecosystems; (iii) seawater intrusion or areas of poor water quality; (iv) other authorisations in the area of the proposed taking; (v) nodes or monitoring bores in the part of the groundwater management area.\n- (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value;\n- (ii) the ecological values of relevant groundwater-dependent ecosystems;\n- (iii) seawater intrusion or areas of poor water quality;\n- (iv) other authorisations in the area of the proposed taking;\n- (v) nodes or monitoring bores in the part of the groundwater management area.\n- (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value;\n- (ii) the ecological values of relevant groundwater-dependent ecosystems;\n- (iii) seawater intrusion or areas of poor water quality;\n- (iv) other authorisations in the area of the proposed taking;\n- (v) nodes or monitoring bores in the part of the groundwater management area.","sortOrder":97},{"sectionNumber":"pt.5A-div.3","sectionType":"division","heading":"Unallocated groundwater","content":"## Unallocated groundwater","sortOrder":98},{"sectionNumber":"sec.49H","sectionType":"section","heading":"Unallocated groundwater","content":"### sec.49H Unallocated groundwater\n\nThere is no unallocated groundwater in the groundwater management area other than—\nfor granting water licences under section 49J ; or\nfor water allocations mentioned in section 49K converted from authorisation 3; or\nfor stock or domestic purposes under division 9 .\ns 49H ins 2009 SL No. 212 s 45\n- (a) for granting water licences under section 49J ; or\n- (b) for water allocations mentioned in section 49K converted from authorisation 3; or\n- (c) for stock or domestic purposes under division 9 .","sortOrder":99},{"sectionNumber":"pt.5A-div.4","sectionType":"division","heading":"Authorisations for purpose other than stock or domestic purposes","content":"## Authorisations for purpose other than stock or domestic purposes","sortOrder":100},{"sectionNumber":"sec.49I","sectionType":"section","heading":"Taking groundwater using existing works authorised","content":"### sec.49I Taking groundwater using existing works authorised\n\nAn owner of land on which there is existing works may continue to take groundwater in the undeclared area for a purpose other than stock or domestic purposes for 60 business days after the plan amendment day.\nAlso, if the owner gives the chief executive notice in the approved form of the works, the owner may continue to take the water using the works after the notice is given.\nIn this section—\nexisting works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.\ns 49I ins 2009 SL No. 212 s 45\n(sec.49I-ssec.1) An owner of land on which there is existing works may continue to take groundwater in the undeclared area for a purpose other than stock or domestic purposes for 60 business days after the plan amendment day.\n(sec.49I-ssec.2) Also, if the owner gives the chief executive notice in the approved form of the works, the owner may continue to take the water using the works after the notice is given.\n(sec.49I-ssec.3) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.","sortOrder":101},{"sectionNumber":"pt.5A-div.5","sectionType":"division","heading":"Granting water licences","content":"## Granting water licences","sortOrder":102},{"sectionNumber":"sec.49J","sectionType":"section","heading":"Granting water licences for authorisation 4","content":"### sec.49J Granting water licences for authorisation 4\n\nThe chief executive must, under section 212 of the Act , grant a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 to the owner mentioned in section 49I (2) if the owner is the holder of authorisation 4.\nThe licence must be—\ngranted under a process stated in the resource operations plan; and\nconsistent with division 7 .\nIn this section—\nauthorisation 4 means an authorisation under section 49I (2) to continue to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 using the works mentioned in the section.\ns 49J ins 2009 SL No. 212 s 45\n(sec.49J-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 to the owner mentioned in section 49I (2) if the owner is the holder of authorisation 4.\n(sec.49J-ssec.2) The licence must be— granted under a process stated in the resource operations plan; and consistent with division 7 .\n(sec.49J-ssec.3) In this section— authorisation 4 means an authorisation under section 49I (2) to continue to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 using the works mentioned in the section.\n- (a) granted under a process stated in the resource operations plan; and\n- (b) consistent with division 7 .","sortOrder":103},{"sectionNumber":"pt.5A-div.6","sectionType":"division","heading":"Converting authorisations to water allocations","content":"## Converting authorisations to water allocations","sortOrder":104},{"sectionNumber":"sec.49K","sectionType":"section","heading":"Application of div 6","content":"### sec.49K Application of div 6\n\nThis division applies to water allocations to take groundwater converted under the resource operations plan from authorisation 1, 2, 3, 6, 7, 9 or 11.\ns 49K ins 2009 SL No. 212 s 45","sortOrder":105},{"sectionNumber":"sec.49L","sectionType":"section","heading":"Elements of a water allocation","content":"### sec.49L Elements of a water allocation\n\nA water allocation to take groundwater must state an annual volumetric limit for the allocation.\nA water allocation to take groundwater may state a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the allocation.\ns 49L ins 2009 SL No. 212 s 45\namd 2014 SL No. 142 s 217\n(sec.49L-ssec.1) A water allocation to take groundwater must state an annual volumetric limit for the allocation.\n(sec.49L-ssec.2) A water allocation to take groundwater may state a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the allocation.","sortOrder":106},{"sectionNumber":"sec.49M","sectionType":"section","heading":"Nominal volume","content":"### sec.49M Nominal volume\n\nIn deciding the nominal volume for a water allocation to take groundwater in a water allocation group mentioned in schedule 6 , table 2, column 1 (the group ), the chief executive must—\nhave regard to—\nthe local availability of the groundwater; and\nthe conditions under which groundwater may be taken under the allocation; and\nthe simulated mean annual supply for the allocation; and\nthe efficiency of the use of the groundwater taken; and\nensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6 , table 2, column 3 for the group.\nIn this section—\nsimulated mean annual supply , for a water allocation, or water allocation group, to take groundwater, means the total volume of groundwater simulated to have been pumped by water bores under the allocation or group, if the allocation or group was in existence for the whole of the simulation period for groundwater, divided by the number of years in the simulation period for groundwater.\ns 49M ins 2009 SL No. 212 s 45\n(sec.49M-ssec.1) In deciding the nominal volume for a water allocation to take groundwater in a water allocation group mentioned in schedule 6 , table 2, column 1 (the group ), the chief executive must— have regard to— the local availability of the groundwater; and the conditions under which groundwater may be taken under the allocation; and the simulated mean annual supply for the allocation; and the efficiency of the use of the groundwater taken; and ensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6 , table 2, column 3 for the group.\n(sec.49M-ssec.2) In this section— simulated mean annual supply , for a water allocation, or water allocation group, to take groundwater, means the total volume of groundwater simulated to have been pumped by water bores under the allocation or group, if the allocation or group was in existence for the whole of the simulation period for groundwater, divided by the number of years in the simulation period for groundwater.\n- (a) have regard to— (i) the local availability of the groundwater; and (ii) the conditions under which groundwater may be taken under the allocation; and (iii) the simulated mean annual supply for the allocation; and (iv) the efficiency of the use of the groundwater taken; and\n- (i) the local availability of the groundwater; and\n- (ii) the conditions under which groundwater may be taken under the allocation; and\n- (iii) the simulated mean annual supply for the allocation; and\n- (iv) the efficiency of the use of the groundwater taken; and\n- (b) ensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6 , table 2, column 3 for the group.\n- (i) the local availability of the groundwater; and\n- (ii) the conditions under which groundwater may be taken under the allocation; and\n- (iii) the simulated mean annual supply for the allocation; and\n- (iv) the efficiency of the use of the groundwater taken; and","sortOrder":107},{"sectionNumber":"sec.49N","sectionType":"section","heading":"Annual volumetric limit","content":"### sec.49N Annual volumetric limit\n\nThe annual volumetric limit for a water allocation to take groundwater is—\nfor authorisation 1 and authorisation 2—the nominal entitlement stated on the authorisation; and\nfor authorisation 3—the volume worked out under section 22B ; and\nfor authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A , column 2 for the authorisation; and\nfor authorisation 7 or 9 for which the precomplementary component nominal entitlement is—\n20ML or less—the precomplementary component nominal entitlement; or\nmore than 20ML—the greater of the following—\nthe annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;\n20ML; and\nfor authorisation 11—1300ML.\nIn deciding the annual volumetric limits for water allocations in a water allocation group mentioned in schedule 6 , table 2 column 1, the chief executive must ensure the total of the annual volumetric limits for the group is not more than the volume stated in schedule 6 , table 2, column 2 for the group.\ns 49N ins 2009 SL No. 212 s 45\namd 2014 SL No. 142 s 218\n(sec.49N-ssec.1) The annual volumetric limit for a water allocation to take groundwater is— for authorisation 1 and authorisation 2—the nominal entitlement stated on the authorisation; and for authorisation 3—the volume worked out under section 22B ; and for authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A , column 2 for the authorisation; and for authorisation 7 or 9 for which the precomplementary component nominal entitlement is— 20ML or less—the precomplementary component nominal entitlement; or more than 20ML—the greater of the following— the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; 20ML; and for authorisation 11—1300ML.\n(sec.49N-ssec.2) In deciding the annual volumetric limits for water allocations in a water allocation group mentioned in schedule 6 , table 2 column 1, the chief executive must ensure the total of the annual volumetric limits for the group is not more than the volume stated in schedule 6 , table 2, column 2 for the group.\n- (a) for authorisation 1 and authorisation 2—the nominal entitlement stated on the authorisation; and\n- (b) for authorisation 3—the volume worked out under section 22B ; and\n- (c) for authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A , column 2 for the authorisation; and\n- (d) for authorisation 7 or 9 for which the precomplementary component nominal entitlement is— (i) 20ML or less—the precomplementary component nominal entitlement; or (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; (B) 20ML; and\n- (i) 20ML or less—the precomplementary component nominal entitlement; or\n- (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; (B) 20ML; and\n- (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;\n- (B) 20ML; and\n- (e) for authorisation 11—1300ML.\n- (i) 20ML or less—the precomplementary component nominal entitlement; or\n- (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; (B) 20ML; and\n- (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;\n- (B) 20ML; and\n- (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;\n- (B) 20ML; and","sortOrder":108},{"sectionNumber":"sec.49O","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.49O Purpose to be stated on water allocation\n\nThe purpose to be stated on a water allocation to take groundwater must be—\nif the purpose stated on the authorisation is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or\notherwise—‘any’.\ns 49O ins 2009 SL No. 212 s 45\n- (a) if the purpose stated on the authorisation is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":109},{"sectionNumber":"sec.49P","sectionType":"section","heading":"Conditions for water allocations","content":"### sec.49P Conditions for water allocations\n\nIn deciding the conditions under which groundwater may be taken under a water allocation, the chief executive must have regard to—\nthe conditions stated on the authorisation; or\nany development permit relating to the authorisation.\ns 49P ins 2009 SL No. 212 s 45\n- (a) the conditions stated on the authorisation; or\n- (b) any development permit relating to the authorisation.","sortOrder":110},{"sectionNumber":"sec.49Q","sectionType":"section","heading":"Water allocation groups","content":"### sec.49Q Water allocation groups\n\nA water allocation to take groundwater in a groundwater sub-area mentioned in schedule 8 , part 2 , column 1, belongs to the water allocation group mentioned opposite the sub-area in column 2.\ns 49Q ins 2009 SL No. 212 s 45","sortOrder":111},{"sectionNumber":"pt.5A-div.7","sectionType":"division","heading":"Amending water licences","content":"## Amending water licences","sortOrder":112},{"sectionNumber":"sec.49R","sectionType":"section","heading":"Authorisations 5, 14, 15 and 16— Act , s 217","content":"### sec.49R Authorisations 5, 14, 15 and 16— Act , s 217\n\nWithin 60 business days after an amendment of the resource operations plan, the chief executive must, under section 217 of the Act , amend authorisations 5, 14, 15 and 16 for consistency with the resource operations plan.\nIn this section—\nauthorisation 14 means a water licence to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 1, 2 or 3 or the part of groundwater sub-area 17 that is not seawater intruded.\ns 49R ins 2009 SL No. 212 s 45\n(sec.49R-ssec.1) Within 60 business days after an amendment of the resource operations plan, the chief executive must, under section 217 of the Act , amend authorisations 5, 14, 15 and 16 for consistency with the resource operations plan.\n(sec.49R-ssec.2) In this section— authorisation 14 means a water licence to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 1, 2 or 3 or the part of groundwater sub-area 17 that is not seawater intruded.","sortOrder":113},{"sectionNumber":"sec.49S","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.49S Application of sdiv 2\n\nThis subdivision applies to the following water licences to take groundwater—\na water licence mentioned in section 30A , 49J or 49R ;\nauthorisation 8, 10, 12 or 13.\ns 49S ins 2009 SL No. 212 s 45\n- (a) a water licence mentioned in section 30A , 49J or 49R ;\n- (b) authorisation 8, 10, 12 or 13.","sortOrder":114},{"sectionNumber":"sec.49T","sectionType":"section","heading":"Elements of water licences","content":"### sec.49T Elements of water licences\n\nA water licence to take groundwater—\nmust state—\na nominal entitlement that may be taken under the licence; and\nthe purpose for which groundwater may be taken under the licence; and\nmay state—\na daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or\nconditions under which the groundwater may be taken.\ns 49T ins 2009 SL No. 212 s 45\n- (a) must state— (i) a nominal entitlement that may be taken under the licence; and (ii) the purpose for which groundwater may be taken under the licence; and\n- (i) a nominal entitlement that may be taken under the licence; and\n- (ii) the purpose for which groundwater may be taken under the licence; and\n- (b) may state— (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or (ii) conditions under which the groundwater may be taken.\n- (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or\n- (ii) conditions under which the groundwater may be taken.\n- (i) a nominal entitlement that may be taken under the licence; and\n- (ii) the purpose for which groundwater may be taken under the licence; and\n- (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or\n- (ii) conditions under which the groundwater may be taken.","sortOrder":115},{"sectionNumber":"sec.49U","sectionType":"section","heading":"Nominal entitlement","content":"### sec.49U Nominal entitlement\n\nThe nominal entitlement for a water licence to take groundwater is—\nfor a water licence mentioned in section 30A or 49J —the volume worked out under section 22B ; or\nfor an authorisation mentioned in section 49R —the volume stated on the licence immediately before the plan amendment day; or\nfor authorisation 8 or 10—the volume worked out under subsection (2) ; or\nfor authorisation 12—4200ML; or\nfor authorisation 13—the nominal entitlement stated on the water licence.\nThe nominal entitlement for authorisation 8 or 10 is the available component of authorisation 7 or 9.\ns 49U ins 2009 SL No. 212 s 45\namd 2014 SL No. 142 s 219\n(sec.49U-ssec.1) The nominal entitlement for a water licence to take groundwater is— for a water licence mentioned in section 30A or 49J —the volume worked out under section 22B ; or for an authorisation mentioned in section 49R —the volume stated on the licence immediately before the plan amendment day; or for authorisation 8 or 10—the volume worked out under subsection (2) ; or for authorisation 12—4200ML; or for authorisation 13—the nominal entitlement stated on the water licence.\n(sec.49U-ssec.2) The nominal entitlement for authorisation 8 or 10 is the available component of authorisation 7 or 9.\n- (a) for a water licence mentioned in section 30A or 49J —the volume worked out under section 22B ; or\n- (b) for an authorisation mentioned in section 49R —the volume stated on the licence immediately before the plan amendment day; or\n- (c) for authorisation 8 or 10—the volume worked out under subsection (2) ; or\n- (d) for authorisation 12—4200ML; or\n- (e) for authorisation 13—the nominal entitlement stated on the water licence.","sortOrder":116},{"sectionNumber":"sec.49V","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.49V Purpose to be stated on water licence\n\nThe purpose to be stated on a water licence to take groundwater must be—\nif the purpose for which the water is being taken is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or\notherwise—‘any’.\ns 49V ins 2009 SL No. 212 s 45\n- (a) if the purpose for which the water is being taken is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":117},{"sectionNumber":"sec.49W","sectionType":"section","heading":"Conditions may be imposed on water licences","content":"### sec.49W Conditions may be imposed on water licences\n\nThe chief executive must, when preparing an amendment of the resource operations plan, impose on a water licence to which this division applies any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.\ns 49W ins 2009 SL No. 212 s 45","sortOrder":118},{"sectionNumber":"sec.49X","sectionType":"section","heading":"Authorisation 8, 10 or 12","content":"### sec.49X Authorisation 8, 10 or 12\n\nThe chief executive must set the annual entitlement for authorisation 8, 10 or 12 to 0 for 5 years from the commencement of an amendment of the resource operations plan.\ns 49X ins 2009 SL No. 212 s 45","sortOrder":119},{"sectionNumber":"sec.49Y","sectionType":"section","heading":"Authorisation 5, 13 or 15","content":"### sec.49Y Authorisation 5, 13 or 15\n\nUntil an amendment of the resource operations plan is approved, the chief executive may decide the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for a water year mentioned in the schedule.\nSubsection (3) applies if an amendment of the resource operations plan commences during a water year mentioned in schedule 9C .\nThe chief executive must include in the amendment the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for any subsequent water year mentioned in the schedule.\ns 49Y ins 2009 SL No. 212 s 45\n(sec.49Y-ssec.1) Until an amendment of the resource operations plan is approved, the chief executive may decide the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for a water year mentioned in the schedule.\n(sec.49Y-ssec.2) Subsection (3) applies if an amendment of the resource operations plan commences during a water year mentioned in schedule 9C .\n(sec.49Y-ssec.3) The chief executive must include in the amendment the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for any subsequent water year mentioned in the schedule.","sortOrder":120},{"sectionNumber":"sec.49Z","sectionType":"section","heading":"Announced entitlement","content":"### sec.49Z Announced entitlement\n\nThis section applies to authorisations 5, 13 and 15.\nIf the water sharing rules for taking water from a part of the groundwater management area that is seawater intruded require the chief executive to decide an announced entitlement for a water year, the chief executive must—\ndecide the announced entitlement before the start of the water year to which the announced entitlement relates; and\ndo 1 or more of the following—\ngive notice of the announced entitlement to the holders of the water licences to which the entitlement relates;\npublish the announced entitlement in a newspaper circulating generally in the groundwater management area;\npublish the announced entitlement on the department’s website on the internet.\nAn announced entitlement for a water year is a percentage of a nominal entitlement.\nIn deciding an announced entitlement, the chief executive must consider—\nthe following to the extent appropriate for the part of the groundwater management area that is seawater intruded and to which the entitlement relates—\nmeasured and simulated trends in groundwater levels;\nmeasured and simulated trends in electrical conductivity of groundwater;\nlong term average sustainable yield;\nhistorical groundwater use;\nanticipated groundwater use;\nweather conditions, including weather forecasts; and\nthe water sharing rules for taking groundwater from the groundwater management area.\nIf the chief executive varies an announced entitlement for a water year during the water year, subsection (2) (b) applies to the varied announced entitlement.\ns 49Z ins 2009 SL No. 212 s 45\n(sec.49Z-ssec.1) This section applies to authorisations 5, 13 and 15.\n(sec.49Z-ssec.2) If the water sharing rules for taking water from a part of the groundwater management area that is seawater intruded require the chief executive to decide an announced entitlement for a water year, the chief executive must— decide the announced entitlement before the start of the water year to which the announced entitlement relates; and do 1 or more of the following— give notice of the announced entitlement to the holders of the water licences to which the entitlement relates; publish the announced entitlement in a newspaper circulating generally in the groundwater management area; publish the announced entitlement on the department’s website on the internet.\n(sec.49Z-ssec.3) An announced entitlement for a water year is a percentage of a nominal entitlement.\n(sec.49Z-ssec.4) In deciding an announced entitlement, the chief executive must consider— the following to the extent appropriate for the part of the groundwater management area that is seawater intruded and to which the entitlement relates— measured and simulated trends in groundwater levels; measured and simulated trends in electrical conductivity of groundwater; long term average sustainable yield; historical groundwater use; anticipated groundwater use; weather conditions, including weather forecasts; and the water sharing rules for taking groundwater from the groundwater management area.\n(sec.49Z-ssec.5) If the chief executive varies an announced entitlement for a water year during the water year, subsection (2) (b) applies to the varied announced entitlement.\n- (a) decide the announced entitlement before the start of the water year to which the announced entitlement relates; and\n- (b) do 1 or more of the following— (i) give notice of the announced entitlement to the holders of the water licences to which the entitlement relates; (ii) publish the announced entitlement in a newspaper circulating generally in the groundwater management area; (iii) publish the announced entitlement on the department’s website on the internet.\n- (i) give notice of the announced entitlement to the holders of the water licences to which the entitlement relates;\n- (ii) publish the announced entitlement in a newspaper circulating generally in the groundwater management area;\n- (iii) publish the announced entitlement on the department’s website on the internet.\n- (i) give notice of the announced entitlement to the holders of the water licences to which the entitlement relates;\n- (ii) publish the announced entitlement in a newspaper circulating generally in the groundwater management area;\n- (iii) publish the announced entitlement on the department’s website on the internet.\n- (a) the following to the extent appropriate for the part of the groundwater management area that is seawater intruded and to which the entitlement relates— (i) measured and simulated trends in groundwater levels; (ii) measured and simulated trends in electrical conductivity of groundwater; (iii) long term average sustainable yield; (iv) historical groundwater use; (v) anticipated groundwater use; (vi) weather conditions, including weather forecasts; and\n- (i) measured and simulated trends in groundwater levels;\n- (ii) measured and simulated trends in electrical conductivity of groundwater;\n- (iii) long term average sustainable yield;\n- (iv) historical groundwater use;\n- (v) anticipated groundwater use;\n- (vi) weather conditions, including weather forecasts; and\n- (b) the water sharing rules for taking groundwater from the groundwater management area.\n- (i) measured and simulated trends in groundwater levels;\n- (ii) measured and simulated trends in electrical conductivity of groundwater;\n- (iii) long term average sustainable yield;\n- (iv) historical groundwater use;\n- (v) anticipated groundwater use;\n- (vi) weather conditions, including weather forecasts; and","sortOrder":121},{"sectionNumber":"pt.5A-div.8","sectionType":"division","heading":"Review of particular water licences","content":"## Review of particular water licences","sortOrder":122},{"sectionNumber":"sec.49ZA","sectionType":"section","heading":"Process and criteria for review","content":"### sec.49ZA Process and criteria for review\n\nThis section applies to the following—\na water licence to take groundwater in the part of the undeclared area in groundwater sub-area 15 that is seawater intruded and mentioned in section 49J ;\nauthorisation 5, 8, 10, 12, 13 or 15.\nThe chief executive must, in preparing an amendment of the resource operations plan, develop a review process to decide whether the conditions imposed on the licence must be changed for consistency with the water sharing rules included in the resource operations plan.\nThe chief executive must conduct the review every 5 years after the commencement of an amendment of the resource operations plan.\nIn deciding the water sharing rules for the licences to be reviewed that are to be included in the resource operations plan, the chief executive must be satisfied that all of the following criteria are met—\nthe trends in groundwater levels and electrical conductivity of the groundwater are as worked out under the resource operations plan;\nthe electrical conductivity of groundwater to be taken under the licence is less than 1500µS/cm;\nthe position of the seawater intrusion front is more than 1000m from any water bore to take groundwater.\nIf the chief executive is satisfied that the criteria mentioned in subsection (4) are met, the chief executive may amend the licence to change a condition on the licence, including to impose a condition that the maximum volume of groundwater that may be taken under the licence in a groundwater sub-area mentioned in schedule 6A , column 1 is the nominal entitlement stated on the licence multiplied by the percentage stated in schedule 6A , column 2 opposite the sub-area.\nThe announced entitlement for the licences, decided by the chief executive at the time of the review—\nmust not be more than the announced entitlement for the sub-area in which the licences being reviewed occur; and\nmay be for a water year or part of a water year for the licence.\nSubsections (3) to (6) do not limit the matters the chief executive may consider in developing the review process.\nIn this section—\nannounced entitlement see the Water Regulation 2016 , section 29 .\ns 49ZA ins 2009 SL No. 212 s 45\namd 2016 SL No. 216 s 146 sch 20\n(sec.49ZA-ssec.1) This section applies to the following— a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 15 that is seawater intruded and mentioned in section 49J ; authorisation 5, 8, 10, 12, 13 or 15.\n(sec.49ZA-ssec.2) The chief executive must, in preparing an amendment of the resource operations plan, develop a review process to decide whether the conditions imposed on the licence must be changed for consistency with the water sharing rules included in the resource operations plan.\n(sec.49ZA-ssec.3) The chief executive must conduct the review every 5 years after the commencement of an amendment of the resource operations plan.\n(sec.49ZA-ssec.4) In deciding the water sharing rules for the licences to be reviewed that are to be included in the resource operations plan, the chief executive must be satisfied that all of the following criteria are met— the trends in groundwater levels and electrical conductivity of the groundwater are as worked out under the resource operations plan; the electrical conductivity of groundwater to be taken under the licence is less than 1500µS/cm; the position of the seawater intrusion front is more than 1000m from any water bore to take groundwater.\n(sec.49ZA-ssec.5) If the chief executive is satisfied that the criteria mentioned in subsection (4) are met, the chief executive may amend the licence to change a condition on the licence, including to impose a condition that the maximum volume of groundwater that may be taken under the licence in a groundwater sub-area mentioned in schedule 6A , column 1 is the nominal entitlement stated on the licence multiplied by the percentage stated in schedule 6A , column 2 opposite the sub-area.\n(sec.49ZA-ssec.6) The announced entitlement for the licences, decided by the chief executive at the time of the review— must not be more than the announced entitlement for the sub-area in which the licences being reviewed occur; and may be for a water year or part of a water year for the licence.\n(sec.49ZA-ssec.7) Subsections (3) to (6) do not limit the matters the chief executive may consider in developing the review process.\n(sec.49ZA-ssec.8) In this section— announced entitlement see the Water Regulation 2016 , section 29 .\n- (a) a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 15 that is seawater intruded and mentioned in section 49J ;\n- (b) authorisation 5, 8, 10, 12, 13 or 15.\n- (a) the trends in groundwater levels and electrical conductivity of the groundwater are as worked out under the resource operations plan;\n- (b) the electrical conductivity of groundwater to be taken under the licence is less than 1500µS/cm;\n- (c) the position of the seawater intrusion front is more than 1000m from any water bore to take groundwater.\n- (a) must not be more than the announced entitlement for the sub-area in which the licences being reviewed occur; and\n- (b) may be for a water year or part of a water year for the licence.","sortOrder":123},{"sectionNumber":"pt.5A-div.9","sectionType":"division","heading":"Authorisations for stock or domestic purposes","content":"## Authorisations for stock or domestic purposes","sortOrder":124},{"sectionNumber":"sec.49ZB","sectionType":"section","heading":"Taking groundwater authorised","content":"### sec.49ZB Taking groundwater authorised\n\nSubject to this section, an owner of land in the groundwater management area may take groundwater for stock or domestic purposes.\nAn owner of land in domestic area B or C may take groundwater for stock or domestic purposes using existing works or replacement works.\nAn owner of land in domestic area B, other than a part of the area that is seawater intruded, on which there are no existing works may take groundwater using works constructed after 28 June 2008 if—\na plan of survey for a reconfiguration of the land is registered before 28 June 2008; or\na plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or\npart of the land is resumed by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the resumption is registered on or after 28 June 2008; or\npart of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008.\nAn owner of land in domestic area C on which there are no existing works must not take groundwater using works constructed after 28 June 2008.\nAn owner of land in a part of the groundwater management area that is seawater intruded and on which there are no existing works must not take groundwater using works constructed after the plan amendment day.\nIn this section—\nexisting works means works that the chief executive is satisfied were used or capable of being used to take groundwater for stock or domestic purposes on 28 June 2008.\nreplacement works means works replacing existing works to be constructed within 10m of the existing works.\ns 49ZB ins 2009 SL No. 212 s 45\n(sec.49ZB-ssec.1) Subject to this section, an owner of land in the groundwater management area may take groundwater for stock or domestic purposes.\n(sec.49ZB-ssec.2) An owner of land in domestic area B or C may take groundwater for stock or domestic purposes using existing works or replacement works.\n(sec.49ZB-ssec.3) An owner of land in domestic area B, other than a part of the area that is seawater intruded, on which there are no existing works may take groundwater using works constructed after 28 June 2008 if— a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or part of the land is resumed by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the resumption is registered on or after 28 June 2008; or part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008.\n(sec.49ZB-ssec.4) An owner of land in domestic area C on which there are no existing works must not take groundwater using works constructed after 28 June 2008.\n(sec.49ZB-ssec.5) An owner of land in a part of the groundwater management area that is seawater intruded and on which there are no existing works must not take groundwater using works constructed after the plan amendment day.\n(sec.49ZB-ssec.6) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for stock or domestic purposes on 28 June 2008. replacement works means works replacing existing works to be constructed within 10m of the existing works.\n- (a) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or\n- (b) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or\n- (c) part of the land is resumed by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the resumption is registered on or after 28 June 2008; or\n- (d) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008.","sortOrder":125},{"sectionNumber":"pt.5A-div.10","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":126},{"sectionNumber":"sec.49ZC","sectionType":"section","heading":null,"content":"### Section sec.49ZC\n\ns 49ZC ins 2009 SL No. 212 s 45\namd 2014 Act No. 29 s 160\nom 2016 SL No. 216 s 146 sch 20","sortOrder":127},{"sectionNumber":"pt.6","sectionType":"part","heading":"Monitoring and reporting requirements","content":"# Monitoring and reporting requirements","sortOrder":128},{"sectionNumber":"sec.50","sectionType":"section","heading":"Monitoring and reporting requirements","content":"### sec.50 Monitoring and reporting requirements\n\nTo help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the resource operations plan must state—\nthe monitoring requirements for water and natural ecosystems for this plan; and\nthe reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.\nAlso, the monitoring requirements for this plan are—\nmonitoring groundwater levels in the plan area; and\nmonitoring natural relevant groundwater-dependent ecosystems, for—\ndepth to groundwater level; and\nseawater intrusion or water quality in coastal aquifers; and\nvolume of baseflow; and\ndistribution, and information on the hydraulic-habitat requirements in aquifers and hyporheic zones, of micro-organism species and communities.\nSubsections (1) and (2) do not limit the monitoring requirements the chief executive may impose for this plan.\ns 50 amd 2009 SL No. 212 s 46\nsub 2014 SL No. 142 s 220\n(sec.50-ssec.1) To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the resource operations plan must state— the monitoring requirements for water and natural ecosystems for this plan; and the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.\n(sec.50-ssec.2) Also, the monitoring requirements for this plan are— monitoring groundwater levels in the plan area; and monitoring natural relevant groundwater-dependent ecosystems, for— depth to groundwater level; and seawater intrusion or water quality in coastal aquifers; and volume of baseflow; and distribution, and information on the hydraulic-habitat requirements in aquifers and hyporheic zones, of micro-organism species and communities.\n(sec.50-ssec.3) Subsections (1) and (2) do not limit the monitoring requirements the chief executive may impose for this plan.\n- (a) the monitoring requirements for water and natural ecosystems for this plan; and\n- (b) the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.\n- (a) monitoring groundwater levels in the plan area; and\n- (b) monitoring natural relevant groundwater-dependent ecosystems, for— (i) depth to groundwater level; and (ii) seawater intrusion or water quality in coastal aquifers; and (iii) volume of baseflow; and (iv) distribution, and information on the hydraulic-habitat requirements in aquifers and hyporheic zones, of micro-organism species and communities.\n- (i) depth to groundwater level; and\n- (ii) seawater intrusion or water quality in coastal aquifers; and\n- (iii) volume of baseflow; and\n- (iv) distribution, and information on the hydraulic-habitat requirements in aquifers and hyporheic zones, of micro-organism species and communities.\n- (i) depth to groundwater level; and\n- (ii) seawater intrusion or water quality in coastal aquifers; and\n- (iii) volume of baseflow; and\n- (iv) distribution, and information on the hydraulic-habitat requirements in aquifers and hyporheic zones, of micro-organism species and communities.","sortOrder":129},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2014 SL No. 142 s 220","sortOrder":130},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2014 SL No. 142 s 220","sortOrder":131},{"sectionNumber":"pt.7","sectionType":"part","heading":"Implementing the plan","content":"# Implementing the plan","sortOrder":132},{"sectionNumber":"sec.53","sectionType":"section","heading":"Priorities for converting to, or granting, water allocations","content":"### sec.53 Priorities for converting to, or granting, water allocations\n\nEach area described in schedule 9 is a priority area for this plan for the conversion to or granting of water allocations to take water in the plan area.","sortOrder":133},{"sectionNumber":"sec.54","sectionType":"section","heading":"Implementation schedule","content":"### sec.54 Implementation schedule\n\nThis section states—\nthe proposed arrangements for implementing this plan; and\nthe priorities for the conversion to or granting of water allocations.\nWithin 1 year after the commencement of this plan, it is proposed to prepare a resource operations plan—\nto convert authorisations to take surface water in a surface water priority area to water allocations; and\nto deal with unallocated surface water available for future water requirements in the plan area; and\nfor surface water in a priority area—to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules; and\nto implement the monitoring requirements in part 6 .\nWithin 3 years after the commencement of this plan, it is proposed to prepare a new resource operations plan or amend the plan mentioned in subsection (2) to amend licences to be consistent with this plan.\nWithin 1 year after the plan amendment day, it is proposed to amend the resource operations plan to convert authorisations to take groundwater in the groundwater priority area to water allocations to take groundwater.\nSubsections (2) , (3) and (4) do not limit the matters that may be included in the resource operations plan.\nIn this section—\ngroundwater priority area see schedule 9 , section 4 .\nsurface water priority area means a priority area other than the groundwater priority area.\ns 54 amd 2009 SL No. 212 s 47\n(sec.54-ssec.1) This section states— the proposed arrangements for implementing this plan; and the priorities for the conversion to or granting of water allocations.\n(sec.54-ssec.2) Within 1 year after the commencement of this plan, it is proposed to prepare a resource operations plan— to convert authorisations to take surface water in a surface water priority area to water allocations; and to deal with unallocated surface water available for future water requirements in the plan area; and for surface water in a priority area—to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules; and to implement the monitoring requirements in part 6 .\n(sec.54-ssec.3) Within 3 years after the commencement of this plan, it is proposed to prepare a new resource operations plan or amend the plan mentioned in subsection (2) to amend licences to be consistent with this plan.\n(sec.54-ssec.4) Within 1 year after the plan amendment day, it is proposed to amend the resource operations plan to convert authorisations to take groundwater in the groundwater priority area to water allocations to take groundwater.\n(sec.54-ssec.5) Subsections (2) , (3) and (4) do not limit the matters that may be included in the resource operations plan.\n(sec.54-ssec.6) In this section— groundwater priority area see schedule 9 , section 4 . surface water priority area means a priority area other than the groundwater priority area.\n- (a) the proposed arrangements for implementing this plan; and\n- (b) the priorities for the conversion to or granting of water allocations.\n- (a) to convert authorisations to take surface water in a surface water priority area to water allocations; and\n- (b) to deal with unallocated surface water available for future water requirements in the plan area; and\n- (c) for surface water in a priority area—to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules; and\n- (d) to implement the monitoring requirements in part 6 .","sortOrder":134},{"sectionNumber":"pt.8","sectionType":"part","heading":"Amending plan","content":"# Amending plan","sortOrder":135},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 sub 2014 SL No. 142 s 221\nom 2016 SL No. 216 s 146 sch 20","sortOrder":136},{"sectionNumber":"sec.56","sectionType":"section","heading":"Minor amendment of plan— Act , s 57","content":"### sec.56 Minor amendment of plan— Act , s 57\n\nThe following types of amendment may be made to this plan under section 57 (b) of the Act —\nan amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ;\nan amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ;\nan amendment or addition of a priority area;\nan amendment or addition of a node;\nan amendment or addition of a priority group;\nan amendment or addition of a water allocation group;\nan amendment to subdivide a subcatchment area;\nan amendment to subdivide a volume stated in schedule 6 ;\nan amendment or addition of a monitoring or reporting requirement under part 6 ;\nan amendment to section 22C or 22D if notice of the amendment is published as if it were a moratorium notice under section 26 of the Act ;\nan amendment to change the boundaries of the following, including by subdividing or amalgamating—\na domestic area;\na groundwater sub-area;\nthe watercourse area;\nan amendment to change, for water allocation group class 2C, 3C, 4C or 6C, the nominal volume of the allocation to the nominal volume stated in schedule 6 , table 1, column 2 for the group;\nan amendment to increase, for a water allocation in water allocation group 4, 6 or 15, the annual volumetric limit for the allocation to the annual volumetric limit stated in schedule 6 , table 2, column 2 for the allocation group;\nan amendment to increase, for water allocation group 4, 6 or 15, the nominal volume for the group to the nominal volume stated in schedule 6 , table 2, column 3 for the group.\ns 56 amd 2009 SL No. 212 s 48\n- (a) an amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ;\n- (b) an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ;\n- (c) an amendment or addition of a priority area;\n- (d) an amendment or addition of a node;\n- (e) an amendment or addition of a priority group;\n- (f) an amendment or addition of a water allocation group;\n- (g) an amendment to subdivide a subcatchment area;\n- (h) an amendment to subdivide a volume stated in schedule 6 ;\n- (i) an amendment or addition of a monitoring or reporting requirement under part 6 ;\n- (j) an amendment to section 22C or 22D if notice of the amendment is published as if it were a moratorium notice under section 26 of the Act ;\n- (k) an amendment to change the boundaries of the following, including by subdividing or amalgamating— (i) a domestic area; (ii) a groundwater sub-area; (iii) the watercourse area;\n- (i) a domestic area;\n- (ii) a groundwater sub-area;\n- (iii) the watercourse area;\n- (l) an amendment to change, for water allocation group class 2C, 3C, 4C or 6C, the nominal volume of the allocation to the nominal volume stated in schedule 6 , table 1, column 2 for the group;\n- (m) an amendment to increase, for a water allocation in water allocation group 4, 6 or 15, the annual volumetric limit for the allocation to the annual volumetric limit stated in schedule 6 , table 2, column 2 for the allocation group;\n- (n) an amendment to increase, for water allocation group 4, 6 or 15, the nominal volume for the group to the nominal volume stated in schedule 6 , table 2, column 3 for the group.\n- (i) a domestic area;\n- (ii) a groundwater sub-area;\n- (iii) the watercourse area;","sortOrder":137},{"sectionNumber":"sec.57","sectionType":"section","heading":"Amending or replacing plan","content":"### sec.57 Amending or replacing plan\n\nThe Minister must consider amending this plan or preparing a new plan to replace this plan if the Minister is satisfied—\nin relation to general outcomes—\nwater entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to—\nthe extent to which water is being taken under the water entitlements; and\nthe efficiency of present, and expected future, water use; and\nemerging requirements for additional water; and\nalternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\nthe likely timeframe in which additional water will be required; and\nthere are economically viable and ecologically sustainable uses for additional water; or\nthe plan’s ecological outcomes are not being achieved.\n- (a) in relation to general outcomes— (i) water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to— (A) the extent to which water is being taken under the water entitlements; and (B) the efficiency of present, and expected future, water use; and (C) emerging requirements for additional water; and (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and (E) the likely timeframe in which additional water will be required; and (ii) there are economically viable and ecologically sustainable uses for additional water; or\n- (i) water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to— (A) the extent to which water is being taken under the water entitlements; and (B) the efficiency of present, and expected future, water use; and (C) emerging requirements for additional water; and (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and (E) the likely timeframe in which additional water will be required; and\n- (A) the extent to which water is being taken under the water entitlements; and\n- (B) the efficiency of present, and expected future, water use; and\n- (C) emerging requirements for additional water; and\n- (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\n- (E) the likely timeframe in which additional water will be required; and\n- (ii) there are economically viable and ecologically sustainable uses for additional water; or\n- (b) the plan’s ecological outcomes are not being achieved.\n- (i) water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to— (A) the extent to which water is being taken under the water entitlements; and (B) the efficiency of present, and expected future, water use; and (C) emerging requirements for additional water; and (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and (E) the likely timeframe in which additional water will be required; and\n- (A) the extent to which water is being taken under the water entitlements; and\n- (B) the efficiency of present, and expected future, water use; and\n- (C) emerging requirements for additional water; and\n- (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\n- (E) the likely timeframe in which additional water will be required; and\n- (ii) there are economically viable and ecologically sustainable uses for additional water; or\n- (A) the extent to which water is being taken under the water entitlements; and\n- (B) the efficiency of present, and expected future, water use; and\n- (C) emerging requirements for additional water; and\n- (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and\n- (E) the likely timeframe in which additional water will be required; and","sortOrder":138},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Surface water","content":"# Surface water","sortOrder":139},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Groundwater","content":"# Groundwater","sortOrder":140},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Low flow objectives","content":"# Low flow objectives","sortOrder":141},{"sectionNumber":"sch.4-sec","sectionType":"section","heading":null,"content":"### Section sch.4-sec\n\nAt each node mentioned in table 1, column 1 minimise the extent to which the 50% daily flow stated in columns 2 to 4 of the table for each water flow season for the node is equalled or exceeded in less than 35% of the days in each water flow season for the simulation period for surface water.\nAt each node mentioned in table 1, column 1, other than node I, minimise the extent to which the 50% daily flow stated in columns 2 to 4 of the table for each water flow season for the node is equalled or exceeded in more than 65% of the days in each water flow season for the simulation period for surface water.\nTable 1\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nNode\nAugust–November 50% daily flow\nDecember–March 50% daily flow\nApril–July 50% daily flow\nB\n92\n671\n404\nC\n9\n146\n100\nD\n2\n20\n10\nE\n4\n11\n18\nF\n62\n407\n229\nG\n5\n25\n16\nI\n6\n86\n41\nAt each node mentioned in table 2, column 1, the percentage of the total number of days in the water flow season in the simulation period for surface water that the 50% daily flow stated for the water flow season for the node in table 1 is equalled or exceeded be at least the percentage stated in table 2.\nTable 2\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nNode\nAugust–November\nDecember–March\nApril–July\nA\n16%\n33%\n29%\nH\n35%\n35%\n35%\nAt each node mentioned in table 3, column 1, minimise the extent to which the 90% daily flow stated in columns 2 to 4 of the table for each water flow season for the node is equalled or exceeded in less than 75% of the days in each water flow season for the simulation period for surface water.\nTable 3\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nNode\nAugust–November 90% daily flow\nDecember–March 90% daily flow\nApril–July 90% daily flow\nB\n18\n45\n118\nC\n0\n0\n8\nD\n1\n1\n3\nE\n0\n0\n0\nF\n14\n32\n73\nG\n1\n2\n6\nI\n0\n6\n4\nAt each node mentioned in table 4, column 1, the percentage of the total number of days in the water flow season in the simulation period for surface water that the 90% daily flow stated for the water flow season for the node in table 3 is equalled or exceeded be at least the percentage stated in table 4.\nTable 4\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nNode\nAugust–November\nDecember–March\nApril–July\nA\n64%\n63%\n49%\nH\n75%\n75%\n75%\nAt each node mentioned in table 5, column 1, the percentage of the total number of days in the simulation period for surface water on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2 of the table.\nTable 5\nColumn 1\nColumn 2\nNode\nMinimum–Maximum percentage\nA\n0–15\nB\n0–15\nC\n0–33\nD\n1–32\nE\n3–48\nF\n0–16\nG\n0–24\nH\n0–16\nI\n13–28\nAt each node mentioned in table 6, column 1—\nminimise the extent to which the number of periods of no flow of at least 1 month but less than 3 months in the simulation period for surface water are less than the minimum or more than the maximum number stated for the node in column 2 of the table; and\nminimise the extent to which the number of periods of no flow of at least 3 months in the simulation period for surface water are less than the minimum or more than the maximum number stated for the node in column 3 of the table.\nTable 6\nColumn 1\nColumn 2\nColumn 3\nNode\nMinimum–maximum number\nMinimum–maximum number\nA\n0–15\n0–1\nB\n0–5\n0–0\nC\n0–55\n0–2\nD\n0–4\n0–2\nE\n0–89\n0–11\nF\n0–0\n0–0\nG\n0–15\n0–2\nH\n0–3\n0–0\nI\n24–32\n0–0\n(sch.4-sec-ssec.1) At each node mentioned in table 1, column 1 minimise the extent to which the 50% daily flow stated in columns 2 to 4 of the table for each water flow season for the node is equalled or exceeded in less than 35% of the days in each water flow season for the simulation period for surface water.\n(sch.4-sec-ssec.2) At each node mentioned in table 1, column 1, other than node I, minimise the extent to which the 50% daily flow stated in columns 2 to 4 of the table for each water flow season for the node is equalled or exceeded in more than 65% of the days in each water flow season for the simulation period for surface water. Table 1 Column 1 Column 2 Column 3 Column 4 Node August–November 50% daily flow December–March 50% daily flow April–July 50% daily flow B 92 671 404 C 9 146 100 D 2 20 10 E 4 11 18 F 62 407 229 G 5 25 16 I 6 86 41\n(sch.4-sec-ssec.3) At each node mentioned in table 2, column 1, the percentage of the total number of days in the water flow season in the simulation period for surface water that the 50% daily flow stated for the water flow season for the node in table 1 is equalled or exceeded be at least the percentage stated in table 2. Table 2 Column 1 Column 2 Column 3 Column 4 Node August–November December–March April–July A 16% 33% 29% H 35% 35% 35%\n(sch.4-sec-ssec.4) At each node mentioned in table 3, column 1, minimise the extent to which the 90% daily flow stated in columns 2 to 4 of the table for each water flow season for the node is equalled or exceeded in less than 75% of the days in each water flow season for the simulation period for surface water. Table 3 Column 1 Column 2 Column 3 Column 4 Node August–November 90% daily flow December–March 90% daily flow April–July 90% daily flow B 18 45 118 C 0 0 8 D 1 1 3 E 0 0 0 F 14 32 73 G 1 2 6 I 0 6 4\n(sch.4-sec-ssec.5) At each node mentioned in table 4, column 1, the percentage of the total number of days in the water flow season in the simulation period for surface water that the 90% daily flow stated for the water flow season for the node in table 3 is equalled or exceeded be at least the percentage stated in table 4. Table 4 Column 1 Column 2 Column 3 Column 4 Node August–November December–March April–July A 64% 63% 49% H 75% 75% 75%\n(sch.4-sec-ssec.6) At each node mentioned in table 5, column 1, the percentage of the total number of days in the simulation period for surface water on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2 of the table. Table 5 Column 1 Column 2 Node Minimum–Maximum percentage A 0–15 B 0–15 C 0–33 D 1–32 E 3–48 F 0–16 G 0–24 H 0–16 I 13–28\n(sch.4-sec-ssec.7) At each node mentioned in table 6, column 1— minimise the extent to which the number of periods of no flow of at least 1 month but less than 3 months in the simulation period for surface water are less than the minimum or more than the maximum number stated for the node in column 2 of the table; and minimise the extent to which the number of periods of no flow of at least 3 months in the simulation period for surface water are less than the minimum or more than the maximum number stated for the node in column 3 of the table. Table 6 Column 1 Column 2 Column 3 Node Minimum–maximum number Minimum–maximum number A 0–15 0–1 B 0–5 0–0 C 0–55 0–2 D 0–4 0–2 E 0–89 0–11 F 0–0 0–0 G 0–15 0–2 H 0–3 0–0 I 24–32 0–0\n- (a) minimise the extent to which the number of periods of no flow of at least 1 month but less than 3 months in the simulation period for surface water are less than the minimum or more than the maximum number stated for the node in column 2 of the table; and\n- (b) minimise the extent to which the number of periods of no flow of at least 3 months in the simulation period for surface water are less than the minimum or more than the maximum number stated for the node in column 3 of the table.","sortOrder":142},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Medium to high flow objectives","content":"# Medium to high flow objectives","sortOrder":143},{"sectionNumber":"sch.4-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.4-sec-oc.2\n\nAt each node mentioned in table 7, column 1—\nthe mean annual flow in the simulation period for surface water, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in column 2; and\nthe 1.5 year daily flow volume (the 1.5 year DFV ), expressed as a percentage of the 1.5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 3; and\nthe 5 year daily flow volume (the 5 year DFV ), expressed as a percentage of the 5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 4; and\nthe 20 year daily flow volume (the 20 year DFV ), expressed as a percentage of the 20 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 5.\nTable 7\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nNode\nMean annual flow %\n1.5 year DFV %\n5 year DFV %\n20 year DFV %\nA\n83\n93\n97\n97\nB\n86\n95\n93\n93\nC\n92\n97\n96\n98\nF\n95\n98\n99\n99\nH\n95\n98\n—\n—\nI\n98\n98\n—\n—\n(sch.4-sec-oc.2-ssec.7A) At each node mentioned in table 7, column 1— the mean annual flow in the simulation period for surface water, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in column 2; and the 1.5 year daily flow volume (the 1.5 year DFV ), expressed as a percentage of the 1.5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 3; and the 5 year daily flow volume (the 5 year DFV ), expressed as a percentage of the 5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 4; and the 20 year daily flow volume (the 20 year DFV ), expressed as a percentage of the 20 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 5. Table 7 Column 1 Column 2 Column 3 Column 4 Column 5 Node Mean annual flow % 1.5 year DFV % 5 year DFV % 20 year DFV % A 83 93 97 97 B 86 95 93 93 C 92 97 96 98 F 95 98 99 99 H 95 98 — — I 98 98 — —\n- (a) the mean annual flow in the simulation period for surface water, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in column 2; and\n- (b) the 1.5 year daily flow volume (the 1.5 year DFV ), expressed as a percentage of the 1.5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 3; and\n- (c) the 5 year daily flow volume (the 5 year DFV ), expressed as a percentage of the 5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 4; and\n- (d) the 20 year daily flow volume (the 20 year DFV ), expressed as a percentage of the 20 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 5.","sortOrder":144},{"sectionNumber":"sch.4-pt.3","sectionType":"part","heading":"Seasonal flow objectives","content":"# Seasonal flow objectives","sortOrder":145},{"sectionNumber":"sch.4-sec-oc.3","sectionType":"section","heading":null,"content":"### Section sch.4-sec-oc.3\n\nAt each node mentioned in table 8, column 1, the flow regime class be maintained as late summer flow regime class.\nAt each node mentioned in table 8, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in column 2.\nTable 8\nColumn 1\nNode\nColumn 2\nAnnual proportional flow deviation\nA\n1.8\nB\n1.7\nC\n1.6\nF\n1.6\nAt node A, the mean wet season flow expressed as a percentage of the mean wet season flow for the pre-development flow pattern, be at least 86%.\n(sch.4-sec-oc.3-ssec.8) At each node mentioned in table 8, column 1, the flow regime class be maintained as late summer flow regime class.\n(sch.4-sec-oc.3-ssec.9) At each node mentioned in table 8, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in column 2. Table 8 Column 1 Node Column 2 Annual proportional flow deviation A 1.8 B 1.7 C 1.6 F 1.6\n(sch.4-sec-oc.3-ssec.10) At node A, the mean wet season flow expressed as a percentage of the mean wet season flow for the pre-development flow pattern, be at least 86%.","sortOrder":146},{"sectionNumber":"sch.4-pt.4","sectionType":"part","heading":"Baseflow objectives","content":"# Baseflow objectives","sortOrder":147},{"sectionNumber":"sch.4-sec-oc.4","sectionType":"section","heading":null,"content":"### Section sch.4-sec-oc.4\n\nAt each node mentioned in table 9, column 1—\nthe percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2; and\nthe percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 50ML be between the minimum and maximum percentages stated for the node in column 3.\nTable 9\nColumn 1\nColumn 2\nColumn 3\nNode\nMinimum–Maximum %\nMinimum–Maximum %\n27\n0–20\n74–79\n28\n0–20\n67–75\n(sch.4-sec-oc.4-ssec.11) At each node mentioned in table 9, column 1— the percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2; and the percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 50ML be between the minimum and maximum percentages stated for the node in column 3. Table 9 Column 1 Column 2 Column 3 Node Minimum–Maximum % Minimum–Maximum % 27 0–20 74–79 28 0–20 67–75\n- (a) the percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2; and\n- (b) the percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 50ML be between the minimum and maximum percentages stated for the node in column 3.","sortOrder":148},{"sectionNumber":"sch.4-pt.5","sectionType":"part","heading":"Relevant groundwater-dependent ecosystem flow objectives","content":"# Relevant groundwater-dependent ecosystem flow objectives","sortOrder":149},{"sectionNumber":"sch.4-sec-oc.5","sectionType":"section","heading":null,"content":"### Section sch.4-sec-oc.5\n\nAt each node mentioned in table 10, column 1, groundwater levels must not exceed the drawdown deviation stated in column 2 of the table.\nTable 10\nColumn 1\nColumn 2\nNode\nDrawdown deviation\n(Metres)\n1\n0.5\n2\n0.5\n3\n0.5\n4\n1\n5\n5\n6\n5\n7\n3\n8\n1.2\n9\n5\n10\n5\n11\n1.5\n12\n1.1\n13\n0.5\n14\n0.6\n15\n0.5\n16\n0.5\n17\n1.5\n18\n0.8\n19\n0.7\n20\n0.5\n21\n0.8\n22\n0.6\n23\n2.75\n24\n5\n25\n1.1\n26\n0.5\n(sch.4-sec-oc.5-ssec.12) At each node mentioned in table 10, column 1, groundwater levels must not exceed the drawdown deviation stated in column 2 of the table. Table 10 Column 1 Column 2 Node Drawdown deviation (Metres) 1 0.5 2 0.5 3 0.5 4 1 5 5 6 5 7 3 8 1.2 9 5 10 5 11 1.5 12 1.1 13 0.5 14 0.6 15 0.5 16 0.5 17 1.5 18 0.8 19 0.7 20 0.5 21 0.8 22 0.6 23 2.75 24 5 25 1.1 26 0.5","sortOrder":150},{"sectionNumber":"sch.4-pt.6","sectionType":"part","heading":"Seawater intrusion objectives","content":"# Seawater intrusion objectives","sortOrder":151},{"sectionNumber":"sch.4-sec-oc.6","sectionType":"section","heading":null,"content":"### Section sch.4-sec-oc.6\n\nIn each part of a groundwater sub-area, described in table 11, column 2, opposite the groundwater sub-area mentioned in column 1, the part of the groundwater sub-area, expressed in hectares, between the coastline and the maximum extent of simulated seawater intrusion is less than the seawater intruded area stated in column 3.\nTable 11\nColumn 1\nColumn 2\nColumn 3\nGroundwater sub-area\nPart of groundwater sub-area\nArea\n(Hectares)\n15A\nnorth of the Pioneer River influenced by the tide\n265\n15B\nsouth of the Pioneer River, and north of Bakers Creek, influenced by the tide\n1866\n15C\nsouth of Bakers Creek, and north of Sandy Creek, influenced by the tide\n2313\n15D\nsouth of Sandy Creek influenced by the tide\n704\n16\nsouth of Sandy Creek influenced by the tide between the estuaries of Sandy Creek and Alligator Creek\n671\n(sch.4-sec-oc.6-ssec.13) In each part of a groundwater sub-area, described in table 11, column 2, opposite the groundwater sub-area mentioned in column 1, the part of the groundwater sub-area, expressed in hectares, between the coastline and the maximum extent of simulated seawater intrusion is less than the seawater intruded area stated in column 3. Table 11 Column 1 Column 2 Column 3 Groundwater sub-area Part of groundwater sub-area Area (Hectares) 15A north of the Pioneer River influenced by the tide 265 15B south of the Pioneer River, and north of Bakers Creek, influenced by the tide 1866 15C south of Bakers Creek, and north of Sandy Creek, influenced by the tide 2313 15D south of Sandy Creek influenced by the tide 704 16 south of Sandy Creek influenced by the tide between the estuaries of Sandy Creek and Alligator Creek 671","sortOrder":152},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Supplemented water","content":"# Supplemented water","sortOrder":153},{"sectionNumber":"sch.5-sec","sectionType":"section","heading":null,"content":"### Section sch.5-sec\n\nFor water allocations in a high class A priority group—\nthe monthly supplemented water sharing index be at least 95%; and\nthe extent to which the monthly supplemented water sharing index is less than 100% be minimised.\nFor water allocations in a high class B priority group—\nthe monthly supplemented water sharing index be at least 95%; and\nthe extent to which the monthly supplemented water sharing index is less than 97% be minimised.\nFor water allocations in a medium priority group—\nthe monthly supplemented water sharing index be at least 85%; and\nthe extent to which the monthly supplemented water sharing index is less than 90% be minimised.\nFor water allocations in a risk priority group, the monthly supplemented water sharing index may be 0%.\n(sch.5-sec-ssec.1) For water allocations in a high class A priority group— the monthly supplemented water sharing index be at least 95%; and the extent to which the monthly supplemented water sharing index is less than 100% be minimised.\n(sch.5-sec-ssec.2) For water allocations in a high class B priority group— the monthly supplemented water sharing index be at least 95%; and the extent to which the monthly supplemented water sharing index is less than 97% be minimised.\n(sch.5-sec-ssec.3) For water allocations in a medium priority group— the monthly supplemented water sharing index be at least 85%; and the extent to which the monthly supplemented water sharing index is less than 90% be minimised.\n(sch.5-sec-ssec.4) For water allocations in a risk priority group, the monthly supplemented water sharing index may be 0%.\n- (a) the monthly supplemented water sharing index be at least 95%; and\n- (b) the extent to which the monthly supplemented water sharing index is less than 100% be minimised.\n- (a) the monthly supplemented water sharing index be at least 95%; and\n- (b) the extent to which the monthly supplemented water sharing index is less than 97% be minimised.\n- (a) the monthly supplemented water sharing index be at least 85%; and\n- (b) the extent to which the monthly supplemented water sharing index is less than 90% be minimised.","sortOrder":154},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Unsupplemented water","content":"# Unsupplemented water","sortOrder":155},{"sectionNumber":"sch.5-sec-oc.2","sectionType":"section","heading":null,"content":"### Section sch.5-sec-oc.2\n\nFor a water allocation group mentioned in table 1, column 1, the 30%, 50% and 70% unsupplemented water sharing indices be at least the percentage stated for the water allocation group in columns 2 to 4.\nTable 1\nColumn 1\nWater allocation group\nColumn 2\n30%\nColumn 3\n50%\nColumn 4\n70%\nClass 2A\n110\n96\n82\nClass 3A\n110\n96\n82\nClass 4A\n110\n96\n82\nClass 5A\n106\n98\n92\nClass 6A\n106\n98\n92\nClass 7A\n118\n101\n73\nClass 1B\n109\n108\n84\nClass 4B\n99\n98\n96\nClass 5B\n99\n98\n96\nClass 6B\n99\n98\n96\nClass 7B\n131\n99\n76\nClass 8B\n110\n109\n106\n(sch.5-sec-oc.2-ssec.5) For a water allocation group mentioned in table 1, column 1, the 30%, 50% and 70% unsupplemented water sharing indices be at least the percentage stated for the water allocation group in columns 2 to 4. Table 1 Column 1 Water allocation group Column 2 30% Column 3 50% Column 4 70% Class 2A 110 96 82 Class 3A 110 96 82 Class 4A 110 96 82 Class 5A 106 98 92 Class 6A 106 98 92 Class 7A 118 101 73 Class 1B 109 108 84 Class 4B 99 98 96 Class 5B 99 98 96 Class 6B 99 98 96 Class 7B 131 99 76 Class 8B 110 109 106","sortOrder":156},{"sectionNumber":"sch.5-pt.3","sectionType":"part","heading":"Groundwater","content":"# Groundwater","sortOrder":157},{"sectionNumber":"sch.5-sec-oc.3","sectionType":"section","heading":null,"content":"### Section sch.5-sec-oc.3\n\nFor a water allocation to take groundwater in a groundwater sub-area mentioned in table 2, column 1, the annual volume probability be at least the percentage stated opposite the sub-area in column 2, and the extent to which it is less than the percentage stated opposite the sub-area in column 3 be minimised.\nTable 2\nColumn 1\nGroundwater sub-area\nColumn 2\nAnnual volume probability\nMinimum %\nColumn 3\nAnnual volume probability\nMaximum %\n4\n55\n60\n5\n51\n56\n6\n65\n70\n7\n47\n52\n8\n50\n55\n9\n33\n38\n10\n46\n51\n11\n48\n53\n12\n41\n46\n13\n49\n54\n14\n28\n33\n15\n44\n49\n16\n90\n95\n(sch.5-sec-oc.3-ssec.6) For a water allocation to take groundwater in a groundwater sub-area mentioned in table 2, column 1, the annual volume probability be at least the percentage stated opposite the sub-area in column 2, and the extent to which it is less than the percentage stated opposite the sub-area in column 3 be minimised. Table 2 Column 1 Groundwater sub-area Column 2 Annual volume probability Minimum % Column 3 Annual volume probability Maximum % 4 55 60 5 51 56 6 65 70 7 47 52 8 50 55 9 33 38 10 46 51 11 48 53 12 41 46 13 49 54 14 28 33 15 44 49 16 90 95","sortOrder":158},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Surface water","content":"# Surface water","sortOrder":159},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"Groundwater","content":"# Groundwater","sortOrder":160},{"sectionNumber":"sch.9C-pt.1","sectionType":"part","heading":"2009–2010 water year","content":"# 2009–2010 water year","sortOrder":161},{"sectionNumber":"sch.9C-sec.1","sectionType":"section","heading":"Groundwater sub-area 11, 15, 16 or 17","content":"### sch.9C-sec.1 Groundwater sub-area 11, 15, 16 or 17\n\nFor the water year starting on 1 July 2009, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded is—\nif the nominal entitlement stated on the licence is more than 5ML, the greater of the following—\nthe relevant annual entitlement for the licence;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\nIn this section—\nrelevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula—\nwhere—\nR means the relevant annual entitlement for the licence.\nN means the nominal entitlement stated on the licence.\nA means the announced entitlement for the water year for the part of the area.\n(sch.9C-sec.1-ssec.1) For the water year starting on 1 July 2009, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded is— if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— the relevant annual entitlement for the licence; 5ML; or if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n(sch.9C-sec.1-ssec.2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— where— R means the relevant annual entitlement for the licence. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area.\n- (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or","sortOrder":162},{"sectionNumber":"sch.9C-pt.2","sectionType":"part","heading":"2010–2011 water year","content":"# 2010–2011 water year","sortOrder":163},{"sectionNumber":"sch.9C-sec.2","sectionType":"section","heading":"Groundwater sub-area 11, 15, 16 or 17","content":"### sch.9C-sec.2 Groundwater sub-area 11, 15, 16 or 17\n\nFor the water year starting on 1 July 2010, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded is—\nif the nominal entitlement stated on the licence is more than 5ML, the greater of the following—\nthe relevant annual entitlement for the licence;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\nIn this section—\nrelevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula—\nwhere—\nR means the relevant annual entitlement for the licence.\nF means 0.6.\nN means the nominal entitlement stated on the licence.\nA means the announced entitlement for the water year for the part of the area.\n(sch.9C-sec.2-ssec.1) For the water year starting on 1 July 2010, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded is— if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— the relevant annual entitlement for the licence; 5ML; or if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n(sch.9C-sec.2-ssec.2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— where— R means the relevant annual entitlement for the licence. F means 0.6. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area.\n- (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or","sortOrder":164},{"sectionNumber":"sch.9C-pt.3","sectionType":"part","heading":"2011–2012 water year","content":"# 2011–2012 water year","sortOrder":165},{"sectionNumber":"sch.9C-sec.3","sectionType":"section","heading":"Groundwater sub-area 11, 15A or 15B","content":"### sch.9C-sec.3 Groundwater sub-area 11, 15A or 15B\n\nFor the water year starting on 1 July 2011, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15A or 15B, that is seawater intruded is—\nif the nominal entitlement stated on the licence is more than 5ML, the greater of the following—\nthe relevant annual entitlement for the licence;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\nIn this section—\nrelevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula—\nwhere—\nR means the relevant annual entitlement for the licence.\nF means 0.55.\nN means the nominal entitlement stated on the licence.\nA means the announced entitlement for the water year for the part of the area.\n(sch.9C-sec.3-ssec.1) For the water year starting on 1 July 2011, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15A or 15B, that is seawater intruded is— if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— the relevant annual entitlement for the licence; 5ML; or if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n(sch.9C-sec.3-ssec.2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— where— R means the relevant annual entitlement for the licence. F means 0.55. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area.\n- (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or","sortOrder":166},{"sectionNumber":"sch.9C-sec.4","sectionType":"section","heading":"Groundwater sub-area 15C, 15D, 16 or 17","content":"### sch.9C-sec.4 Groundwater sub-area 15C, 15D, 16 or 17\n\nFor the water year starting on 1 July 2011, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 15C, 15D, 16 or 17 that is seawater intruded is—\nif the nominal entitlement stated on the licence is more than 5ML, the greater of the following—\nthe relevant annual entitlement for the licence;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\nIn this section—\nrelevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula—\nwhere—\nR means the relevant annual entitlement for the licence.\nF means 0.6.\nN means the nominal entitlement stated on the licence.\nA means the announced entitlement for the water year for the part of the area.\n(sch.9C-sec.4-ssec.1) For the water year starting on 1 July 2011, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 15C, 15D, 16 or 17 that is seawater intruded is— if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— the relevant annual entitlement for the licence; 5ML; or if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n(sch.9C-sec.4-ssec.2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— where— R means the relevant annual entitlement for the licence. F means 0.6. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area.\n- (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) the relevant annual entitlement for the licence;\n- (ii) 5ML; or","sortOrder":167},{"sectionNumber":"sch.9C-pt.4","sectionType":"part","heading":"2012–2013 water year","content":"# 2012–2013 water year","sortOrder":168},{"sectionNumber":"sch.9C-sec.5","sectionType":"section","heading":"Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm","content":"### sch.9C-sec.5 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm\n\nFor the water year starting on 1 July 2012, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is less than 1500µS/cm is—\nif the nominal entitlement stated on the licence is 20ML or more, the greater of the following—\n20 multiplied by the announced entitlement for the water year for the part of the area;\n5ML; or\nif the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following—\nthe nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (a) if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— (i) 20 multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or\n- (i) 20 multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or\n- (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (c) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) 20 multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or","sortOrder":169},{"sectionNumber":"sch.9C-sec.6","sectionType":"section","heading":"Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more","content":"### sch.9C-sec.6 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more\n\nFor the water year starting on 1 July 2012, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is 1500µS/cm or more is 0.\nHowever, if the water taken under the licence is for public health purposes, the annual entitlement is—\nif the nominal entitlement stated on the licence is 20ML or more, the greater of the following—\n20 multiplied by the announced entitlement for the water year for the part of the area;\n5ML; or\nif the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following—\nthe nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n(sch.9C-sec.6-ssec.1) For the water year starting on 1 July 2012, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is 1500µS/cm or more is 0.\n(sch.9C-sec.6-ssec.2) However, if the water taken under the licence is for public health purposes, the annual entitlement is— if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— 20 multiplied by the announced entitlement for the water year for the part of the area; 5ML; or if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; 5ML; or if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (a) if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— (i) 20 multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or\n- (i) 20 multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or\n- (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (c) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) 20 multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or","sortOrder":170},{"sectionNumber":"sch.9C-pt.5","sectionType":"part","heading":"2013–2014 water year","content":"# 2013–2014 water year","sortOrder":171},{"sectionNumber":"sch.9C-sec.7","sectionType":"section","heading":"Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm","content":"### sch.9C-sec.7 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm\n\nFor the water year starting on 1 July 2013, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is less than 1500µS/cm is—\nif the nominal entitlement stated on the licence is 20ML or more, the greater of the following—\n20 multiplied by the announced entitlement for the water year for the part of the area;\n5ML; or\nif the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following—\nthe nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (a) if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— (i) 20 multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or\n- (i) 20 multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (b) if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or\n- (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (c) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (i) 20 multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or\n- (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area;\n- (ii) 5ML; or","sortOrder":172},{"sectionNumber":"sch.9C-sec.8","sectionType":"section","heading":"Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more","content":"### sch.9C-sec.8 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more\n\nFor the water year starting on 1 July 2013, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is 1500µS/cm or more is 0.\nHowever, if the water taken under the licence is for public health purposes, the annual entitlement is—\nif the nominal entitlement stated on the licence is more than 5ML—5ML; or\nif the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n(sch.9C-sec.8-ssec.1) For the water year starting on 1 July 2013, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is 1500µS/cm or more is 0.\n(sch.9C-sec.8-ssec.2) However, if the water taken under the licence is for public health purposes, the annual entitlement is— if the nominal entitlement stated on the licence is more than 5ML—5ML; or if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.\n- (a) if the nominal entitlement stated on the licence is more than 5ML—5ML; or\n- (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.","sortOrder":173}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Yes. The text as amended has materially expanded scope beyond a simple surface‑water allocation plan. The original 2002 instrument established surface‑water allocation and ecological objectives; later insertions (notably the 2009 and subsequent amendments visible in the text) add extensive groundwater management provisions: mapped groundwater management areas and sub‑areas (s 5A), declaring some groundwater as water in a watercourse (s 5B), seawater‑intrusion controls (s 20C, sch.4 pt.6), mandatory use of groundwater simulation models (s 49A), detailed conversion rules for many specific historic authorisations (divisions in pt 5A), moratoria and construction limits in seawater‑intruded zones (s 22D, s 49ZB), staged annual entitlement formulas for particular water years (sch.9C), and meter/monitoring requirements (s 22G, s 50). Those additions broaden the plan from primarily surface‑water allocation and ecological objectives to a comprehensive, technically detailed regime for coastal groundwater protection, conversion of historical rights and management of seawater intrusion, substantially increasing regulatory scope and administrative complexity."},"complexity_factors":["Many schedules with node‑specific numeric targets and time‑dependent formulas (schedule 4, schedule 9C, schs 5–6)","Extensive cross‑referencing to the Water Act/Regulation, the resource operations plan (ROP) and multiple other parts of the plan (frequent references to ROP implementation)","Large number of conditional rules and exceptions (authorisations 1–16; moratoria; water‑year specific rules)","Multiple model dependencies (IQQM for surface water; MODFLOW/MODHMS for groundwater) with approval pathways for alternatives (secs 24, 49A)","Numerous decision points and discretions vested in the chief executive (entitlement setting, meter installation, modelling approvals, announced entitlements)","Detailed conversion mechanics for old authorisations to modern allocations/licences (secs 22B, 31–49N)","Technical measurement requirements (electrical conductivity meters, monitoring network specifications) and reporting obligations (s 50, s 22G)","Temporal staging and implementation timelines (implementation schedule, phased ROP amendments, water‑year schedules in sch.9C)","Multiple area definitions and mapped layers (plan area, subcatchments, groundwater management area, groundwater sub‑areas, watercourse area, domestic areas) (secs 4–6, 5A–5B)","High volume of numeric thresholds and formulas (pump rates, volumetric multipliers, conductivity threshold 1500 µS/cm, maximum seawater intruded areas)"],"plain_english_summary":"**What this plan does (mechanics)**\n\n- Defines exactly where the plan applies (mapped plan area, subcatchments, groundwater management area and groundwater sub-areas) and which kinds of water are covered (surface water in watercourses, lakes and springs; and groundwater) (secs 4–8, schs 1–3).\n\n- Sets the outcomes the plan must achieve: general water-supply and usage goals, and ecological outcomes for surface water and groundwater (including site‑specific ecological objectives) (secs 2, 8A–10, 12–18, 18A).\n\n- Establishes quantitative environmental flow and water‑allocation security objectives and says how to measure compliance (performance indicators and node‑by‑node targets in schedule 4; indicators for supplemented/unsupplemented/groundwater in secs 19–22 and schs 4–6).\n\n- Requires the use of specified computer models and simulations to test whether proposals meet the objectives (IQQM for surface water; MODFLOW/MODHMS for groundwater) or other approved methods if the chief executive agrees (secs 24, 49A).\n\n- Provides rules and formulas for converting old authorisations (historic rights, permits, licences) into modern water allocations or licences, including how to calculate nominal entitlements, annual volumetric limits, monthly limits and maximum pump rates (secs 31–49N, schedules 6–7, 9C).  \n\n- Imposes restrictions and special rules to manage seawater intrusion in coastal aquifers (declares groundwater under some watercourses to be water in the watercourse, sets electrical‑conductivity thresholds, requires possible conductivity meters, limits new works in seawater‑intruded areas, and sets maximum seawater‑intruded areas) (secs 5B, 20C, 22G, 22D, 49D, sch.4 pt.6).\n\n- Sets moratoria and transitional arrangements for applications lodged before particular dates and for certain subcatchments or groundwater areas (secs 22C–22D, 49H–49J).\n\n- Requires a resource operations plan (ROP) to implement the detailed operational rules, monitoring and reporting requirements, environmental management rules and water‑sharing rules, and sets an implementation timetable (secs 50, 54).\n\n**Who it affects (directly)**\n\n- Landowners and irrigators who currently take water or who want to take water in the plan area: their existing authorisations may be converted, limited or conditioned; some may get new licences under set processes (secs 22B, 30A, 49J, 49L–49N).  \n\n- Holders of historic authorisations being converted to water allocations: their nominal entitlements, monthly and annual limits and pump rates are calculated under specified rules (secs 40–48, 49M–49N, schs 6–7, 9C).  \n\n- Prospective water users: moratoria and allocation caps limit the ability to obtain new entitlements in some areas until ROPs are in place (secs 22C–22D, 27, 49H).\n\n- Water infrastructure operators (dams, diversion channels, town supplies): must have their operational arrangements considered against ecological objectives and report under monitoring requirements (secs 29, 50).\n\n- The department’s chief executive and the Minister: the chief executive makes most operational decisions (entitlements, meters, conditions, modelling approvals); the Minister must consider plan amendment triggers and may require plan replacement (secs 22B, 24, 29, 49, 54–57).\n\n**Why it matters (purpose claims and practical effects)**\n\n- The plan explicitly aims to balance providing a reliable and secure supply for uses such as agriculture, industry, town supply, tourism and cultural uses, while protecting ecological outcomes and preventing or reversing damage such as seawater intrusion (secs 2, 9, 9A, 10, 18A). That is the policy purpose claimed by the instrument.\n\n- Mechanically, the plan protects environmental and groundwater‑dependent ecological values by: (a) imposing measurable environmental flow objectives at specific nodes (schedule 4); (b) restricting new groundwater extraction in seawater‑intruded areas and limiting electrical conductivity of water taken (secs 20C, 22G, 49D); and (c) making licence conversions and new grants subject to modelling tests and ROP rules (secs 24, 49A, 49E–49G).\n\n- Costs and incentives: water users bear the direct costs and operational constraints. Examples: installation and use of conductivity meters where directed (s 22G), adherence to monthly/annual volumetric limits and pump‑rate caps (secs 39, 41, 43, 46–48), and potential inability to start new groundwater works in certain areas (s 22D, s 49ZB). Those measures reduce extraction risk but can lower available water for businesses where limits apply.\n\n- Administrative burden and discretion: the chief executive has extensive decision‑making and discretions (e.g. deciding nominal entitlements, approving alternate modelling methods, imposing conditions, deciding announced entitlements for a water year) (secs 22B, 24, 49A, 49Z). That concentrates practical implementation power in the agency while leaving many technical judgements to modelling and administrative processes.\n\n- Trade‑offs and risk: the plan relies heavily on simulation models (IQQM for surface water; MODFLOW/MODHMS for groundwater) to test compliance. The accuracy of outcomes therefore depends on model quality, data (monitoring) and the ROPs that implement the plan (secs 24, 49A, 50). This creates implementation risk if monitoring or calibration is insufficient.\n\n- Concentrated benefits vs diffuse costs: environmental protection and long‑term groundwater quality are diffuse public benefits; restrictions and compliance costs fall mainly on current and prospective water users in affected parts of the plan area (see secs 27, 22D, 49D, 50). The plan sets some staged or phased entitlements (schedules 9C, sec 49Y) that smooth impacts over time.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: licence and entitlement holders pay compliance, monitoring and operational costs (for example meter installation under s 22G; reporting and operating to volumetric limits under secs 39–49L). New works may be prohibited in some areas, shifting cost into seeking alternative supplies (secs 22D, 49ZB).\n\n- Who decides: the department’s chief executive is the principal decisionmaker on entitlements, nominal/annual volumes, meter installations and approval of alternative assessment methods (secs 22B, 24, 22G, 49A, 49Z). The Minister has the power to require amendment or replacement when statutory triggers are met (s 57).\n\n- Behaviour changes required: existing and prospective users may need to reduce extraction rates, install monitoring, change pump sizes, delay or abandon new bore construction in seawater‑intruded zones, and engage with the ROP process to secure or convert entitlements (secs 22B, 22D, 22G, 24, 49H–49J).\n\n**Implementation and compliance risks (concrete)**\n\n- Heavy reliance on model simulations and node‑by‑node numeric targets means outcomes depend on model assumptions, data inputs and monitoring coverage (secs 19–20A, 24, 49A, sch.4).\n\n- Large number of conditional rules and carve‑outs (authorisations 1–16, special water‑year formulas in sch.9C, moratorium exceptions) adds legal and administrative complexity and may create uncertainty for licence holders (secs 22B, 22C–22D, 49U–49Y, sch.9C).\n\n- Chief executive discretion is wide (many “must have regard to” or “may decide” provisions), so affected parties must engage with the department and the ROP to protect entitlements (e.g. secs 22B, 49E–49G, 49W).\n\nKey statutory references for the reader to consult: plans area, mapping and nodes (secs 4–7); ecological and general outcomes (secs 8A–10, 18A); performance indicators and schedules (secs 19–22, sch.4–6); groundwater rules and seawater intrusion controls (secs 5A–5B, 20A–20C, 22G, 49B–49D, sch.4 pt.6); conversion and entitlements (secs 22B, 31–49N, sch.6, sch.9C); monitoring and reporting (s 50); implementation timetable (s 54)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2002 plan focused primarily on surface water management and establishing water allocations. Through substantial amendments in 2009 (SL No. 212), the plan's scope expanded significantly to include a comprehensive groundwater management framework — adding groundwater sub-areas, seawater intrusion controls, groundwater-dependent ecosystem protections, declared water provisions, and detailed bore entitlement calculation rules. Additional amendments in 2014 removed some provisions while refining others. The plan now covers considerably more regulatory ground than its original title and structure suggested, effectively becoming a dual surface water and groundwater management instrument with a specific coastal seawater intrusion remediation function."},"complexity_factors":["Multiple interacting regulatory layers: surface water, groundwater, declared water (groundwater treated as surface water), and seawater intrusion zones each have separate rules","Numerous defined geographic sub-areas (subcatchment areas, groundwater sub-areas, watercourse areas, domestic areas) each with different rules and restrictions","Complex formula-driven calculations for determining nominal entitlements and annual volumetric limits, involving pump capacity, historical usage, bore design rates, and equipped rates","Multiple moratorium regimes (2000 and 2003) with different cut-off dates, exceptions, and triggers running concurrently","Heavy cross-referencing to external documents: multiple schedules, the parent Act, resource operations plans, and repealed legislation","Technical hydrological concepts (drawdown deviation, IQQM computer modelling, annual volume probability, flow regime class, seawater intrusion front) embedded in legally operative provisions","Significant amendments over time (2009, 2011, 2014, 2016) that have inserted, omitted, and renumbered provisions, creating a patchwork structure","Dual system of water rights — old authorisations being converted to new water allocations — with transitional provisions applying different rules depending on the age and type of the original entitlement","Interplay between state water law, Commonwealth geodetic datum references, and Acquisition of Land Act triggers for exceptions","Balancing requirement between competing outcomes (economic, environmental, cultural, groundwater security) without clear hierarchy"],"plain_english_summary":"The Pioneer Valley Water Plan (2002) is a Queensland statutory plan that controls surface and groundwater use around Mackay: it defines the covered waterways and aquifers, converts old licences into formal water allocations, sets environmental flow limits, and freezes many new extraction approvals to address coastal seawater intrusion.  \n\nIt affects farmers, irrigators, urban/industrial users, miners, Indigenous communities and anyone holding or seeking water entitlements — limiting new bores, capping supplies (e.g. Sandy Creek) and imposing monitoring and ecological protections."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":720},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The plan has expanded significantly from its original 2002 scope. The 2009 amendments (SL No. 212) added comprehensive groundwater management provisions including seawater intrusion controls, electrical conductivity monitoring, and detailed sub-area zoning. The 2014 amendments further complicated the groundwater entitlement calculations with new formulas and thresholds. What began as a surface water plan now regulates both water systems with distinct but interlinked frameworks, substantially increasing regulatory density."},"complexity_factors":["Extensive cross-referencing to 10+ schedules containing technical data tables","Multiple nested conditional formulas for calculating water entitlements (e.g., section 49N with 5 different authorisation types)","Heavy reliance on defined terms and specialised hydrological concepts (baseflow, hyporheic zones, drawdown deviation, electrical conductivity thresholds)","Dual regulatory frameworks for surface water and groundwater with different rules and performance indicators","Temporal complexity with phased implementation dates (2003, 2008, 2009, 2014) and rolling 5-year review cycles","Mathematical formulas for annual entitlements with multiple variables (R = F × N × A)","Geographic zoning into 17 groundwater sub-areas and multiple subcatchment areas with different rules","Computer program dependencies (IQQM, MODFLOW, MODHMS) for compliance assessment","Exception layering — moratorium exemptions, seawater intrusion exceptions, public health carve-outs","Schedule 9C alone contains 8 sections with year-by-year varying formulas for 2009-2014"],"plain_english_summary":"This is a **water resource management plan** for the Pioneer Valley region in Queensland, Australia. It sets the rules for how surface water (rivers, creeks, lakes) and groundwater (underground water) can be taken and used.\n\n**What it does:**\n- **Defines water availability** — works out how much water exists in the area and how much can be sustainably used\n- **Sets environmental protections** — ensures enough water stays in rivers and aquifers to protect fish, plants, and ecosystems\n- **Manages water entitlements** — converts old water licences into modern \"water allocations\" with clear limits on how much can be taken\n- **Controls groundwater pumping** — especially to stop seawater from pushing into coastal aquifers (seawater intrusion)\n- **Balances competing needs** — farming, town water supply, industry, Indigenous cultural use, and environmental flows\n\n**Who it affects:**\n- Farmers and irrigators taking water from rivers or bores\n- Town water suppliers\n- Landholders in the Pioneer Valley catchment\n- Anyone wanting to build new water infrastructure (dams, pumps, bores)\n\n**Key features:**\n- **Moratorium rules** — freezes new water take applications in some areas until the resource operations plan is finalised\n- **Seawater intrusion controls** — strict limits on groundwater pumping near the coast to prevent saltwater contamination\n- **Environmental flow objectives** — detailed tables specifying minimum river flows at different times of year\n- **Water allocation security** — guarantees certain reliability levels for different priority groups of water users\n- **Computer modelling** — uses specialised software (IQQM, MODFLOW, MODHMS) to test if water use decisions meet the plan's objectives\n\nThe plan is highly technical, with extensive cross-referencing to schedules containing flow data, allocation tables, and geographic boundaries."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-pioneer-valley-2002","history":"/api/acts/water-plan-pioneer-valley-2002/history","analysis":"/api/acts/water-plan-pioneer-valley-2002/analysis","conflicts":"/api/acts/water-plan-pioneer-valley-2002/conflicts","importantCases":"/api/acts/water-plan-pioneer-valley-2002/important-cases","documents":"/api/acts/water-plan-pioneer-valley-2002/documents"}}