{"id":"qld:sl-2013-0282","name":"Water Plan (Wet Tropics) 2013","slug":"water-plan-wet-tropics-2013","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"282 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175637,"registerId":"qld-qld:sl-2013-0282-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Strategies for both surface water and groundwater","content":"# Strategies for both surface water and groundwater","sortOrder":0},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":1},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application of pt 1","content":"### sec.19 Application of pt 1\n\nThis part applies to surface water and groundwater.","sortOrder":2},{"sectionNumber":"sec.20","sectionType":"section","heading":"Decisions to be consistent with objectives","content":"### sec.20 Decisions to be consistent with objectives\n\nDecisions made by the chief executive about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives stated in schedule 5 ; and\nthe water allocation security objectives stated in section 18 .\n- (a) the environmental flow objectives stated in schedule 5 ; and\n- (b) the water allocation security objectives stated in section 18 .","sortOrder":3},{"sectionNumber":"sec.21","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.21 Assessing impact of decisions\n\nThe IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.\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.\n(sec.21-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.\n(sec.21-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.21-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":4},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Continued effect of moratorium and interim arrangements for applications","content":"## Continued effect of moratorium and interim arrangements for applications","sortOrder":5},{"sectionNumber":"sec.22","sectionType":"section","heading":"Continued effect of moratorium notice— Act , s 46 (3)","content":"### sec.22 Continued effect of moratorium notice— Act , s 46 (3)\n\nThis section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013.\nUntil the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies—\nincrease the amount of water that may be taken;\nchange the location from which water may be taken;\nincrease the rate at which water may be taken;\nchange the flow conditions under which water may be taken;\nchange the purpose for which the water may be taken or interfered with.\nHowever, subsection (2) does not apply to an application—\nto replace a water licence under section 229 of the Act ; or\nto reinstate an expired water licence under section 221 of the Act ; or\nfor a water permit; or\nto subdivide an existing water licence or amalgamate 2 or more existing water licences.\n(sec.22-ssec.1) This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013.\n(sec.22-ssec.2) Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; change the purpose for which the water may be taken or interfered with.\n(sec.22-ssec.3) However, subsection (2) does not apply to an application— to replace a water licence under section 229 of the Act ; or to reinstate an expired water licence under section 221 of the Act ; or for a water permit; or to subdivide an existing water licence or amalgamate 2 or more existing water licences.\n- (a) increase the amount of water that may be taken;\n- (b) change the location from which water may be taken;\n- (c) increase the rate at which water may be taken;\n- (d) change the flow conditions under which water may be taken;\n- (e) change the purpose for which the water may be taken or interfered with.\n- (a) to replace a water licence under section 229 of the Act ; or\n- (b) to reinstate an expired water licence under section 221 of the Act ; or\n- (c) for a water permit; or\n- (d) to subdivide an existing water licence or amalgamate 2 or more existing water licences.","sortOrder":6},{"sectionNumber":"sec.23","sectionType":"section","heading":"Particular applications made before 18 January 2010","content":"### sec.23 Particular applications made before 18 January 2010\n\nThis section applies to an application—\nfor a water licence to take or interfere with water in the plan area; and\nmade under the Act , or the repealed Act, before 18 January 2010; and\nnot finally decided before the commencement of this plan.\nHowever, this section does not apply to an application—\nfor a water licence to interfere with water if—\nthe purpose is to impound water; and\nthe reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or\nto which chapter 5 , part 2 , division 2 applies.\nThe application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies—\nincrease the amount of water that may be taken;\nchange the location from which water may be taken;\nincrease the rate at which water may be taken;\nchange the flow conditions under which water may be taken;\nincrease or change the interference with the water;\nchange the purpose for which the water may be taken or interfered with.\n(sec.23-ssec.1) This section applies to an application— for a water licence to take or interfere with water in the plan area; and made under the Act , or the repealed Act, before 18 January 2010; and not finally decided before the commencement of this plan.\n(sec.23-ssec.2) However, this section does not apply to an application— for a water licence to interfere with water if— the purpose is to impound water; and the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or to which chapter 5 , part 2 , division 2 applies.\n(sec.23-ssec.3) The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with.\n- (a) for a water licence to take or interfere with water in the plan area; and\n- (b) made under the Act , or the repealed Act, before 18 January 2010; and\n- (c) not finally decided before the commencement of this plan.\n- (a) for a water licence to interfere with water if— (i) the purpose is to impound water; and (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or\n- (i) the purpose is to impound water; and\n- (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or\n- (b) to which chapter 5 , part 2 , division 2 applies.\n- (i) the purpose is to impound water; and\n- (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or\n- (a) increase the amount of water that may be taken;\n- (b) change the location from which water may be taken;\n- (c) increase the rate at which water may be taken;\n- (d) change the flow conditions under which water may be taken;\n- (e) increase or change the interference with the water;\n- (f) change the purpose for which the water may be taken or interfered with.","sortOrder":7},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":8},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of div 3","content":"### sec.24 Application of div 3\n\nThis division applies to unallocated water.","sortOrder":9},{"sectionNumber":"sec.25","sectionType":"section","heading":"Unallocated water held as strategic reserve, general reserve, Cape York Indigenous reserve and high flow reserve","content":"### sec.25 Unallocated water held as strategic reserve, general reserve, Cape York Indigenous reserve and high flow reserve\n\nUnallocated water in the plan area is held as—\nfor the Cape York Peninsula Region—a strategic reserve, a general reserve, a Cape York Indigenous reserve or a high flow reserve; or\notherwise—a strategic reserve, a general reserve or a high flow reserve.\n- (a) for the Cape York Peninsula Region—a strategic reserve, a general reserve, a Cape York Indigenous reserve or a high flow reserve; or\n- (b) otherwise—a strategic reserve, a general reserve or a high flow reserve.","sortOrder":10},{"sectionNumber":"sec.26","sectionType":"section","heading":"Purpose for which unallocated water may be granted","content":"### sec.26 Purpose for which unallocated water may be granted\n\nUnallocated water in the plan area may only be granted for the following purposes—\nfor unallocated water held as a strategic reserve—a State purpose or Indigenous purpose;\nfor unallocated water held as a Cape York Indigenous reserve—an Indigenous purpose;\nfor unallocated water held as a general reserve—any purpose;\nfor unallocated water held as a high flow reserve—any purpose.\n- (a) for unallocated water held as a strategic reserve—a State purpose or Indigenous purpose;\n- (b) for unallocated water held as a Cape York Indigenous reserve—an Indigenous purpose;\n- (c) for unallocated water held as a general reserve—any purpose;\n- (d) for unallocated water held as a high flow reserve—any purpose.","sortOrder":11},{"sectionNumber":"sec.27","sectionType":"section","heading":"Reserve volumes","content":"### sec.27 Reserve volumes\n\nThe total of the volumetric limits for all water entitlements to take unallocated water are stated in—\nfor water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and\nfor water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and\nfor water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and\nfor water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.\nThe total of the volumetric limits to take unallocated water from the Cape York Indigenous reserve in the Daintree catchment area is 400ML.\n(sec.27-ssec.1) The total of the volumetric limits for all water entitlements to take unallocated water are stated in— for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.\n(sec.27-ssec.2) The total of the volumetric limits to take unallocated water from the Cape York Indigenous reserve in the Daintree catchment area is 400ML.\n- (a) for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and\n- (b) for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and\n- (c) for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and\n- (d) for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.","sortOrder":12},{"sectionNumber":"sec.28","sectionType":"section","heading":"Period for which water is granted for particular State purpose","content":"### sec.28 Period for which water is granted for particular State purpose\n\nThis section applies to the volume of water granted from the strategic reserve for either of the following State purposes—\na coordinated project;\na project of regional significance.\nThe volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n(sec.28-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.\n(sec.28-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.\n- (a) a coordinated project;\n- (b) a project of regional significance.","sortOrder":13},{"sectionNumber":"sec.29","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.29 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—\nthe outcomes stated in chapter 3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant consideration.\n- (a) the outcomes stated in chapter 3 ;\n- (b) the economic or social impact the project will have on the region;\n- (c) the public interest and the welfare of people in the region;\n- (d) any other relevant consideration.","sortOrder":14},{"sectionNumber":"sec.30","sectionType":"section","heading":"Process for granting unallocated water","content":"### sec.30 Process for granting unallocated water\n\nThe process for granting unallocated water is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .\ns 30 amd 2016 SL No. 216 s 146 sch 2","sortOrder":15},{"sectionNumber":"ch.5-pt.1-div.4","sectionType":"division","heading":"Authorised taking or interfering with water without water entitlement","content":"## Authorised taking or interfering with water without water entitlement","sortOrder":16},{"sectionNumber":"sec.31","sectionType":"section","heading":"Taking water for stock or domestic purposes","content":"### sec.31 Taking water for stock or domestic purposes\n\nFor section 20A (5) of the Act , an owner of land may take water, in any way, from a watercourse, lake or spring in the plan area for stock or domestic purposes.","sortOrder":17},{"sectionNumber":"sec.32","sectionType":"section","heading":"Limitation on taking or interfering with water","content":"### sec.32 Limitation on taking or interfering with water\n\nFor section 20 (2) of the Act , the total volume of water that may be taken or interfered with for activities prescribed under a regulation for section 20 (2) (a) of the Act is limited to 20ML.","sortOrder":18},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Additional strategies for surface water","content":"# Additional strategies for surface water","sortOrder":19},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":20},{"sectionNumber":"sec.33","sectionType":"section","heading":"Application of pt 2","content":"### sec.33 Application of pt 2\n\nThe strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .","sortOrder":21},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Interference with water in a watercourse, lake or spring","content":"## Interference with water in a watercourse, lake or spring","sortOrder":22},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of div 2","content":"### sec.34 Application of div 2\n\nThis division applies to an application, made under section 206 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.\ns 34 amd 2014 SL No. 142 s 226","sortOrder":23},{"sectionNumber":"sec.35","sectionType":"section","heading":"Limitations on interference with water","content":"### sec.35 Limitations on interference with water\n\nThe water licence may be granted only if—\nthe purpose of the proposed interference is a purpose provided for in this division; or\nthe interference was in existence immediately before 18 January 2010.\n- (a) the purpose of the proposed interference is a purpose provided for in this division; or\n- (b) the interference was in existence immediately before 18 January 2010.","sortOrder":24},{"sectionNumber":"sec.36","sectionType":"section","heading":"Interference with water to enable taking of water for stock or domestic purposes","content":"### sec.36 Interference with water to enable taking of water for stock or domestic purposes\n\nThis section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.\nThe storage capacity of the proposed interference must not be greater than the following—\nfor a proposed interference in Herbert subcatchment area B—200ML;\notherwise—20ML.\n(sec.36-ssec.1) This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.\n(sec.36-ssec.2) The storage capacity of the proposed interference must not be greater than the following— for a proposed interference in Herbert subcatchment area B—200ML; otherwise—20ML.\n- (a) for a proposed interference in Herbert subcatchment area B—200ML;\n- (b) otherwise—20ML.","sortOrder":25},{"sectionNumber":"sec.37","sectionType":"section","heading":"Interference with water for provision of pumping pool","content":"### sec.37 Interference with water for provision of pumping pool\n\nThis section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\nThe storage capacity of the pumping pool must not be greater than the following—\nfor a proposed interference in Herbert subcatchment area B—10ML;\notherwise—2ML.\nIn this section—\npumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n(sec.37-ssec.1) This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.\n(sec.37-ssec.2) The storage capacity of the pumping pool must not be greater than the following— for a proposed interference in Herbert subcatchment area B—10ML; otherwise—2ML.\n(sec.37-ssec.3) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.\n- (a) for a proposed interference in Herbert subcatchment area B—10ML;\n- (b) otherwise—2ML.","sortOrder":26},{"sectionNumber":"sec.38","sectionType":"section","heading":"Interference with water to improve security for town water supply","content":"### sec.38 Interference with water to improve security for town water supply\n\nThis section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\nThe chief executive must not grant the application unless the chief executive is satisfied—\nthe town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and\nthere is a demonstrated need for an increased reliability of the water supply.\n(sec.38-ssec.1) This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.\n(sec.38-ssec.2) The chief executive must not grant the application unless the chief executive is satisfied— the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and there is a demonstrated need for an increased reliability of the water supply.\n- (a) the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and\n- (b) there is a demonstrated need for an increased reliability of the water supply.","sortOrder":27},{"sectionNumber":"sec.39","sectionType":"section","heading":"Interference with water to store water for purpose not related to the taking of water under water entitlement","content":"### sec.39 Interference with water to store water for purpose not related to the taking of water under water entitlement\n\nThis section applies if the purpose of the proposed interference with water is to store water for a purpose not related to the taking of water under a water entitlement.\ncommunity landscaping, retaining water for flood mitigation purposes or storing water for a micro hydro-electric power scheme\nThe interference must not be greater than the following—\nif the purpose of the proposed interference is to store water for a micro hydro-electric power scheme—20ML;\notherwise—the volume necessary for the purpose of the interference.\n(sec.39-ssec.1) This section applies if the purpose of the proposed interference with water is to store water for a purpose not related to the taking of water under a water entitlement. community landscaping, retaining water for flood mitigation purposes or storing water for a micro hydro-electric power scheme\n(sec.39-ssec.2) The interference must not be greater than the following— if the purpose of the proposed interference is to store water for a micro hydro-electric power scheme—20ML; otherwise—the volume necessary for the purpose of the interference.\n- (a) if the purpose of the proposed interference is to store water for a micro hydro-electric power scheme—20ML;\n- (b) otherwise—the volume necessary for the purpose of the interference.","sortOrder":28},{"sectionNumber":"sec.40","sectionType":"section","heading":"Interference with water related to the granting of unallocated water","content":"### sec.40 Interference with water related to the granting of unallocated water\n\nThis section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 30 .\nThe interference must not be greater than is necessary for the purpose of taking the unallocated water.\n(sec.40-ssec.1) This section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 30 .\n(sec.40-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water.","sortOrder":29},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Replacing authorities and granting water entitlements","content":"## Replacing authorities and granting water entitlements","sortOrder":30},{"sectionNumber":"sec.41","sectionType":"section","heading":"Application of div 3","content":"### sec.41 Application of div 3\n\nThis division applies to decisions about replacing authorities or granting water entitlements.","sortOrder":31},{"sectionNumber":"sec.42","sectionType":"section","heading":"Water licences to replace local government authorities","content":"### sec.42 Water licences to replace local government authorities\n\nThis section applies to the authorities mentioned in schedule 7 , column 1, continued under section 1037 of the Act .\nOn the commencement of this plan, the chief executive must replace each authority with the water licence to take water described for the authority in schedule 7 , column 2.\n(sec.42-ssec.1) This section applies to the authorities mentioned in schedule 7 , column 1, continued under section 1037 of the Act .\n(sec.42-ssec.2) On the commencement of this plan, the chief executive must replace each authority with the water licence to take water described for the authority in schedule 7 , column 2.","sortOrder":32},{"sectionNumber":"sec.43","sectionType":"section","heading":"Water licence for industrial purpose or amenities purpose at the Kareeya hydro-electric power station","content":"### sec.43 Water licence for industrial purpose or amenities purpose at the Kareeya hydro-electric power station\n\nThis section applies to the taking of water from the Tully River for—\nan industrial purpose; or\nan amenities purpose at the Kareeya hydro-electric power station.\nThe chief executive must grant the following water licences to the owner of the Kareeya hydro-electric power station—\na water licence to take water from the Tully River at Tully Falls Weir for an industrial purpose;\na water licence to take water from the Tully River at Tully Falls Weir for an amenities purpose.\nIn granting the water licence to take water for an industrial purpose, the chief executive must—\nhave regard to arrangements for maintaining flow over the Tully Falls; and\nimpose conditions on the licence—\nrequiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and\ngiving effect to any environmental management rules or water sharing rules included in the resource operations plan.\nA water licence granted under subsection (2) is subject to—\nthe conditions for the licence stated in schedule 8 ; and\nany other conditions imposed by the chief executive in granting a water licence for taking water under section 212 of the Act .\ns 43 amd 2014 SL No. 142 s 227\n(sec.43-ssec.1) This section applies to the taking of water from the Tully River for— an industrial purpose; or an amenities purpose at the Kareeya hydro-electric power station.\n(sec.43-ssec.2) The chief executive must grant the following water licences to the owner of the Kareeya hydro-electric power station— a water licence to take water from the Tully River at Tully Falls Weir for an industrial purpose; a water licence to take water from the Tully River at Tully Falls Weir for an amenities purpose.\n(sec.43-ssec.3) In granting the water licence to take water for an industrial purpose, the chief executive must— have regard to arrangements for maintaining flow over the Tully Falls; and impose conditions on the licence— requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and giving effect to any environmental management rules or water sharing rules included in the resource operations plan.\n(sec.43-ssec.4) A water licence granted under subsection (2) is subject to— the conditions for the licence stated in schedule 8 ; and any other conditions imposed by the chief executive in granting a water licence for taking water under section 212 of the Act .\n- (a) an industrial purpose; or\n- (b) an amenities purpose at the Kareeya hydro-electric power station.\n- (a) a water licence to take water from the Tully River at Tully Falls Weir for an industrial purpose;\n- (b) a water licence to take water from the Tully River at Tully Falls Weir for an amenities purpose.\n- (a) have regard to arrangements for maintaining flow over the Tully Falls; and\n- (b) impose conditions on the licence— (i) requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and (ii) giving effect to any environmental management rules or water sharing rules included in the resource operations plan.\n- (i) requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and\n- (ii) giving effect to any environmental management rules or water sharing rules included in the resource operations plan.\n- (i) requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and\n- (ii) giving effect to any environmental management rules or water sharing rules included in the resource operations plan.\n- (a) the conditions for the licence stated in schedule 8 ; and\n- (b) any other conditions imposed by the chief executive in granting a water licence for taking water under section 212 of the Act .","sortOrder":33},{"sectionNumber":"sec.44","sectionType":"section","heading":"Granting particular water licences to owner of relevant lots","content":"### sec.44 Granting particular water licences to owner of relevant lots\n\nThe chief executive must grant the owner of the following lots a water licence to take unsupplemented surface water—\nlot 2 on SP200254;\nlot 2 on RP717718.\nA water licence granted under subsection (1) is subject to the following conditions—\nfor lot 2 on SP200254—the conditions stated in schedule 9 , item 1;\nfor lot 2 on RP717718——the conditions stated in schedule 9 , item 2.\ns 44 amd 2014 SL No. 142 s 228\n(sec.44-ssec.1) The chief executive must grant the owner of the following lots a water licence to take unsupplemented surface water— lot 2 on SP200254; lot 2 on RP717718.\n(sec.44-ssec.2) A water licence granted under subsection (1) is subject to the following conditions— for lot 2 on SP200254—the conditions stated in schedule 9 , item 1; for lot 2 on RP717718——the conditions stated in schedule 9 , item 2.\n- (a) lot 2 on SP200254;\n- (b) lot 2 on RP717718.\n- (a) for lot 2 on SP200254—the conditions stated in schedule 9 , item 1;\n- (b) for lot 2 on RP717718——the conditions stated in schedule 9 , item 2.","sortOrder":34},{"sectionNumber":"sec.45","sectionType":"section","heading":"Granting particular water licence to Tablelands Regional Council","content":"### sec.45 Granting particular water licence to Tablelands Regional Council\n\nThe chief executive must grant the Tablelands Regional Council a water licence to take unsupplemented surface water.\nA water licence granted under subsection (1) is subject to the conditions stated in schedule 9 , item 3.\ns 45 amd 2014 SL No. 142 s 229\n(sec.45-ssec.1) The chief executive must grant the Tablelands Regional Council a water licence to take unsupplemented surface water.\n(sec.45-ssec.2) A water licence granted under subsection (1) is subject to the conditions stated in schedule 9 , item 3.","sortOrder":35},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Converting authorisations to water allocations to take unsupplemented water","content":"## Converting authorisations to water allocations to take unsupplemented water","sortOrder":36},{"sectionNumber":"sec.46","sectionType":"section","heading":"Purpose of div 4","content":"### sec.46 Purpose of div 4\n\nThis division states strategies for particular authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.","sortOrder":37},{"sectionNumber":"sec.47","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.47 Authorisations to be converted to water allocations\n\nThe authorisations to be converted to water allocations to take unsupplemented water are water licences for taking unsupplemented water from, respectively—\nthe Mulgrave River from AMTD 20.5km to AMTD 42.1km; and\nthe Johnstone River from AMTD 14.5km to AMTD 38.0km; and\nRankin Creek from AMTD 0.0km to AMTD 9.6km; and\nBerner Creek from AMTD 0.0km to AMTD 15.3km; and\nFisher Creek from AMTD 0.0km to AMTD 17.0km; and\nBorton Creek from AMTD 0.0km to AMTD 1.7km; and\nthe South Johnstone River from AMTD 0.0km to AMTD 17.5km; and\nLiverpool Creek from AMTD 13.6km to AMTD 43.0km; and\nSouth Liverpool Creek from AMTD 0.0km to AMTD 9.7km; and\nCowley Creek from AMTD 0.0km to AMTD 5.3km; and\nthe Tully River from AMTD 0.0km to AMTD 74.5km; and\nEcho Creek from AMTD 0.0km to AMTD 26.5km; and\nDavidson Creek from AMTD 0.0km to AMTD 32.8km; and\nJarra Creek from AMTD 0.0km to AMTD 47.5km; and\nBanyan Creek from AMTD 0.0km to AMTD 22.8km; and\nthe Herbert River from AMTD 0.0km to AMTD 83.0km.\n- (a) the Mulgrave River from AMTD 20.5km to AMTD 42.1km; and\n- (b) the Johnstone River from AMTD 14.5km to AMTD 38.0km; and\n- (c) Rankin Creek from AMTD 0.0km to AMTD 9.6km; and\n- (d) Berner Creek from AMTD 0.0km to AMTD 15.3km; and\n- (e) Fisher Creek from AMTD 0.0km to AMTD 17.0km; and\n- (f) Borton Creek from AMTD 0.0km to AMTD 1.7km; and\n- (g) the South Johnstone River from AMTD 0.0km to AMTD 17.5km; and\n- (h) Liverpool Creek from AMTD 13.6km to AMTD 43.0km; and\n- (i) South Liverpool Creek from AMTD 0.0km to AMTD 9.7km; and\n- (j) Cowley Creek from AMTD 0.0km to AMTD 5.3km; and\n- (k) the Tully River from AMTD 0.0km to AMTD 74.5km; and\n- (l) Echo Creek from AMTD 0.0km to AMTD 26.5km; and\n- (m) Davidson Creek from AMTD 0.0km to AMTD 32.8km; and\n- (n) Jarra Creek from AMTD 0.0km to AMTD 47.5km; and\n- (o) Banyan Creek from AMTD 0.0km to AMTD 22.8km; and\n- (p) the Herbert River from AMTD 0.0km to AMTD 83.0km.","sortOrder":38},{"sectionNumber":"sec.48","sectionType":"section","heading":"Elements of water allocations","content":"### sec.48 Elements of water allocations\n\nA water allocation to take unsupplemented water must state the following—\nthe daily volumetric limit for the allocation;\nthe annual volumetric limit for the allocation;\nthe conditions, if any, for the allocation.\ns 48 sub 2014 SL No. 142 s 230\n- (a) the daily volumetric limit for the allocation;\n- (b) the annual volumetric limit for the allocation;\n- (c) the conditions, if any, for the allocation.","sortOrder":39},{"sectionNumber":"sec.49","sectionType":"section","heading":"Water allocation groups","content":"### sec.49 Water allocation groups\n\nA water allocation to take unsupplemented water in a water management area belongs to the following water allocation group—\nfor an authorisation for which the purpose is to take water for town water supply—\nfor an authorisation held by Cairns Regional Council—water allocation group class D; or\notherwise—water allocation group class A;\nfor an authorisation for which the purpose is to take water for a purpose other than town water supply—\nfor an authorisation that does not state a flow condition—water allocation group class B; or\nfor an authorisation that does state a flow condition—water allocation group class C.\n- (a) for an authorisation for which the purpose is to take water for town water supply— (i) for an authorisation held by Cairns Regional Council—water allocation group class D; or (ii) otherwise—water allocation group class A;\n- (i) for an authorisation held by Cairns Regional Council—water allocation group class D; or\n- (ii) otherwise—water allocation group class A;\n- (b) for an authorisation for which the purpose is to take water for a purpose other than town water supply— (i) for an authorisation that does not state a flow condition—water allocation group class B; or (ii) for an authorisation that does state a flow condition—water allocation group class C.\n- (i) for an authorisation that does not state a flow condition—water allocation group class B; or\n- (ii) for an authorisation that does state a flow condition—water allocation group class C.\n- (i) for an authorisation held by Cairns Regional Council—water allocation group class D; or\n- (ii) otherwise—water allocation group class A;\n- (i) for an authorisation that does not state a flow condition—water allocation group class B; or\n- (ii) for an authorisation that does state a flow condition—water allocation group class C.","sortOrder":40},{"sectionNumber":"sec.50","sectionType":"section","heading":"Purpose to be stated on a water allocation","content":"### sec.50 Purpose to be stated on a water allocation\n\nThe purpose to be stated on a water allocation to take unsupplemented water must be—\nif the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\notherwise—‘any’.\n- (a) if the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":41},{"sectionNumber":"sec.51","sectionType":"section","heading":"Nominal volume for a water allocation","content":"### sec.51 Nominal volume for a water allocation\n\nIn deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must have regard to the following—\nthe local availability of water;\nthe conditions under which water may be taken under the authorisation;\nfor an authorisation that states any volumetric limits—the stated volumetric limits;\nthe simulated mean annual diversion for the proposed water allocation.\n- (a) the local availability of water;\n- (b) the conditions under which water may be taken under the authorisation;\n- (c) for an authorisation that states any volumetric limits—the stated volumetric limits;\n- (d) the simulated mean annual diversion for the proposed water allocation.","sortOrder":42},{"sectionNumber":"sec.52","sectionType":"section","heading":"Daily volumetric limit for a water allocation","content":"### sec.52 Daily volumetric limit for a water allocation\n\nThe daily volumetric limit for a water allocation to take unsupplemented water is—\nif the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or\nif the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or\nif the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or\nif the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or\notherwise—the volume decided by the chief executive having regard to—\nthe type of authorisation; and\na measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.\nHowever, for subsection (1) (c) or (d) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under subsection (1) , the daily volumetric limit is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;\nthe irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\nthe efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .\ns 52 amd 2014 SL No. 142 s 231\n(sec.52-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or otherwise—the volume decided by the chief executive having regard to— the type of authorisation; and a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.\n(sec.52-ssec.2) However, for subsection (1) (c) or (d) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under subsection (1) , the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .\n- (a) if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or\n- (b) if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or\n- (c) if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or\n- (d) if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or\n- (e) otherwise—the volume decided by the chief executive having regard to— (i) the type of authorisation; and (ii) a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.\n- (i) the type of authorisation; and\n- (ii) a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.\n- (i) the type of authorisation; and\n- (ii) a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.\n- (a) the conditions under which the water may be taken;\n- (b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;\n- (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;\n- (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .","sortOrder":43},{"sectionNumber":"sec.53","sectionType":"section","heading":"Annual volumetric limits for a water allocation","content":"### sec.53 Annual volumetric limits for a water allocation\n\nThe annual volumetric limit for a water allocation to take unsupplemented water is—\nif the authorisation from which the water allocation is being converted states the volume of water that may be taken in a period of 12 months—the stated volume; or\nif the authorisation from which the water allocation is being converted states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor subcatchment area A of the Mulgrave–Russell catchment area—9; or\nfor subcatchment area B of the Mulgrave–Russell catchment area—8; or\nfor the Johnstone catchment area—9; or\nfor the Tully catchment area—9; or\nfor subcatchment area C or D of the Herbert catchment area—5; or\nif the authorisation from which the water allocation is being converted states both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following—\nthe stated volume under paragraph (a) ;\nthe volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\notherwise—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the authorisation from which the water allocation is being converted;\nthe water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted;\nthe volume required for the allocation’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\n- (a) if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a period of 12 months—the stated volume; or\n- (b) if the authorisation from which the water allocation is being converted states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for subcatchment area A of the Mulgrave–Russell catchment area—9; or (ii) for subcatchment area B of the Mulgrave–Russell catchment area—8; or (iii) for the Johnstone catchment area—9; or (iv) for the Tully catchment area—9; or (v) for subcatchment area C or D of the Herbert catchment area—5; or\n- (i) for subcatchment area A of the Mulgrave–Russell catchment area—9; or\n- (ii) for subcatchment area B of the Mulgrave–Russell catchment area—8; or\n- (iii) for the Johnstone catchment area—9; or\n- (iv) for the Tully catchment area—9; or\n- (v) for subcatchment area C or D of the Herbert catchment area—5; or\n- (c) if the authorisation from which the water allocation is being converted states both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following— (i) the stated volume under paragraph (a) ; (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\n- (i) the stated volume under paragraph (a) ;\n- (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\n- (d) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the authorisation from which the water allocation is being converted; (ii) the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted; (iii) the volume required for the allocation’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the conditions under which water may be taken under the authorisation from which the water allocation is being converted;\n- (ii) the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted;\n- (iii) the volume required for the allocation’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) for subcatchment area A of the Mulgrave–Russell catchment area—9; or\n- (ii) for subcatchment area B of the Mulgrave–Russell catchment area—8; or\n- (iii) for the Johnstone catchment area—9; or\n- (iv) for the Tully catchment area—9; or\n- (v) for subcatchment area C or D of the Herbert catchment area—5; or\n- (i) the stated volume under paragraph (a) ;\n- (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\n- (i) the conditions under which water may be taken under the authorisation from which the water allocation is being converted;\n- (ii) the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted;\n- (iii) the volume required for the allocation’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":44},{"sectionNumber":"ch.5-pt.2-div.5","sectionType":"division","heading":"Water licences to take water from watercourse, lake or spring","content":"## Water licences to take water from watercourse, lake or spring","sortOrder":45},{"sectionNumber":"sec.54","sectionType":"section","heading":"Elements of water licences to take water from a watercourse, lake or spring","content":"### sec.54 Elements of water licences to take water from a watercourse, lake or spring\n\nA water licence to take water from a watercourse, lake or spring in the plan area must state the following—\nfor a licence granted under section 43 —water may be taken for an industrial or amenities purpose;\nfor any other licence—1 of the following purposes for which the water may be taken under the licence—\n‘rural’;\n‘any’;\nthe daily volumetric limit;\nthe nominal entitlement;\nthe conditions, if any, including requirements for flow conditions and conditions for storing water taken under the licence.\ns 54 amd 2014 SL No. 142 s 232\n- (a) for a licence granted under section 43 —water may be taken for an industrial or amenities purpose;\n- (b) for any other licence—1 of the following purposes for which the water may be taken under the licence— (i) ‘rural’; (ii) ‘any’;\n- (i) ‘rural’;\n- (ii) ‘any’;\n- (c) the daily volumetric limit;\n- (d) the nominal entitlement;\n- (e) the conditions, if any, including requirements for flow conditions and conditions for storing water taken under the licence.\n- (i) ‘rural’;\n- (ii) ‘any’;","sortOrder":46},{"sectionNumber":"sec.55","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.55 Definition for sdiv 2\n\nIn this subdivision—\namended water licence means a water licence to take unsupplemented water from a watercourse, lake or spring amended under section 217 of the Act .","sortOrder":47},{"sectionNumber":"sec.56","sectionType":"section","heading":"Purpose to be stated on a water licence","content":"### sec.56 Purpose to be stated on a water licence\n\nThe purpose stated on an amended water licence must be—\nif the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or\notherwise—‘any’.\n- (a) if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":48},{"sectionNumber":"sec.57","sectionType":"section","heading":"Nominal entitlement","content":"### sec.57 Nominal entitlement\n\nThe nominal entitlement for an amended water licence is—\nfor an amended water licence that, before the amendment, stated only the volume of water that may be taken in a period of 12 months—the volume stated on the licence before the amendment; or\nfor an amended water licence that, before the amendment, stated only the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—\nfor the Daintree catchment area—6; or\nfor the Mossman catchment area—6; or\nfor subcatchment area A of the Mulgrave–Russell catchment area—9; or\nfor subcatchment area B or C of the Mulgrave–Russell catchment area—8; or\nfor subcatchment area D of the Mulgrave–Russell catchment area—9; or\nfor the Johnstone catchment area—9; or\nfor the Tully catchment area—9; or\nfor the Murray catchment area—9; or\nfor subcatchment area A of the Herbert catchment area—9; or\nfor subcatchment area B of the Herbert catchment area—12; or\nfor subcatchment area C or D of the Herbert catchment area—5; or\nfor an amended water licence that, before the amendment, stated both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following—\nthe stated volume under paragraph (a) ;\nthe volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\notherwise—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the licence;\nthe water-taking capacity of any works for taking water under the licence;\nthe volume required for the licence’s intended purpose;\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\nthe efficiency of the use of the water mentioned in subparagraph (iv) .\n- (a) for an amended water licence that, before the amendment, stated only the volume of water that may be taken in a period of 12 months—the volume stated on the licence before the amendment; or\n- (b) for an amended water licence that, before the amendment, stated only the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for the Daintree catchment area—6; or (ii) for the Mossman catchment area—6; or (iii) for subcatchment area A of the Mulgrave–Russell catchment area—9; or (iv) for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or (v) for subcatchment area D of the Mulgrave–Russell catchment area—9; or (vi) for the Johnstone catchment area—9; or (vii) for the Tully catchment area—9; or (viii) for the Murray catchment area—9; or (ix) for subcatchment area A of the Herbert catchment area—9; or (x) for subcatchment area B of the Herbert catchment area—12; or (xi) for subcatchment area C or D of the Herbert catchment area—5; or\n- (i) for the Daintree catchment area—6; or\n- (ii) for the Mossman catchment area—6; or\n- (iii) for subcatchment area A of the Mulgrave–Russell catchment area—9; or\n- (iv) for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or\n- (v) for subcatchment area D of the Mulgrave–Russell catchment area—9; or\n- (vi) for the Johnstone catchment area—9; or\n- (vii) for the Tully catchment area—9; or\n- (viii) for the Murray catchment area—9; or\n- (ix) for subcatchment area A of the Herbert catchment area—9; or\n- (x) for subcatchment area B of the Herbert catchment area—12; or\n- (xi) for subcatchment area C or D of the Herbert catchment area—5; or\n- (c) for an amended water licence that, before the amendment, stated both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following— (i) the stated volume under paragraph (a) ; (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\n- (i) the stated volume under paragraph (a) ;\n- (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\n- (d) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water-taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .\n- (i) for the Daintree catchment area—6; or\n- (ii) for the Mossman catchment area—6; or\n- (iii) for subcatchment area A of the Mulgrave–Russell catchment area—9; or\n- (iv) for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or\n- (v) for subcatchment area D of the Mulgrave–Russell catchment area—9; or\n- (vi) for the Johnstone catchment area—9; or\n- (vii) for the Tully catchment area—9; or\n- (viii) for the Murray catchment area—9; or\n- (ix) for subcatchment area A of the Herbert catchment area—9; or\n- (x) for subcatchment area B of the Herbert catchment area—12; or\n- (xi) for subcatchment area C or D of the Herbert catchment area—5; or\n- (i) the stated volume under paragraph (a) ;\n- (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or\n- (i) the conditions under which water may be taken under the licence;\n- (ii) the water-taking capacity of any works for taking water under the licence;\n- (iii) the volume required for the licence’s intended purpose;\n- (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;\n- (v) the efficiency of the use of the water mentioned in subparagraph (iv) .","sortOrder":49},{"sectionNumber":"sec.58","sectionType":"section","heading":"Daily volumetric limit for a water licence","content":"### sec.58 Daily volumetric limit for a water licence\n\nThe daily volumetric limit to take unsupplemented water for an amended water licence is the daily volumetric limit mentioned in section 52 or decided by the chief executive under that section as if the amended water licence were a water allocation.\ns 58 sub 2014 SL No. 142 s 233","sortOrder":50},{"sectionNumber":"sec.59","sectionType":"section","heading":"Conditions for amended water licences","content":"### sec.59 Conditions for amended water licences\n\nIn deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions stated on the water licence being amended.","sortOrder":51},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Additional strategies for groundwater","content":"# Additional strategies for groundwater","sortOrder":52},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":53},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application and purpose of pt 3","content":"### sec.60 Application and purpose of pt 3\n\nThis part—\napplies only to groundwater in a groundwater management area; and\nstates the strategies for achieving the outcomes mentioned in chapter 3 .\n- (a) applies only to groundwater in a groundwater management area; and\n- (b) states the strategies for achieving the outcomes mentioned in chapter 3 .","sortOrder":54},{"sectionNumber":"sec.61","sectionType":"section","heading":"Limitation on taking or interfering with groundwater— Act , s 20 (2)","content":"### sec.61 Limitation on taking or interfering with groundwater— Act , s 20 (2)\n\nThis section limits the groundwater that may be taken or interfered with under section 20 (2) of the Act .\nA person may only take or interfere with groundwater in a groundwater management area—\nunder a water permit; or\nunder a water entitlement; or\nunder section 68 ; or\nfor stock or domestic purposes; or\nfor an activity prescribed under a regulation for section 20 (2) (a) of the Act .\n(sec.61-ssec.1) This section limits the groundwater that may be taken or interfered with under section 20 (2) of the Act .\n(sec.61-ssec.2) A person may only take or interfere with groundwater in a groundwater management area— under a water permit; or under a water entitlement; or under section 68 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act .\n- (a) under a water permit; or\n- (b) under a water entitlement; or\n- (c) under section 68 ; or\n- (d) for stock or domestic purposes; or\n- (e) for an activity prescribed under a regulation for section 20 (2) (a) of the Act .","sortOrder":55},{"sectionNumber":"sec.62","sectionType":"section","heading":"Relationship with Sustainable Planning Act 2009","content":"### sec.62 Relationship with Sustainable Planning Act 2009\n\ns 62 amd 2014 Act No. 29 s 162\nom 2016 SL No. 216 s 146 sch 20","sortOrder":56},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Water licences to take groundwater","content":"## Water licences to take groundwater","sortOrder":57},{"sectionNumber":"sec.63","sectionType":"section","heading":"Elements of water licences","content":"### sec.63 Elements of water licences\n\nA water licence to take groundwater must state—\n1 of the following purposes for which the water may be taken under the licence—\n‘rural’;\n‘any’; and\nthe nominal entitlement; and\nthe conditions, if any.\nHowever, subsection (1) does not apply to a water licence granted for the purpose of mine dewatering under section 206 of the Act .\n(sec.63-ssec.1) A water licence to take groundwater must state— 1 of the following purposes for which the water may be taken under the licence— ‘rural’; ‘any’; and the nominal entitlement; and the conditions, if any.\n(sec.63-ssec.2) However, subsection (1) does not apply to a water licence granted for the purpose of mine dewatering under section 206 of the Act .\n- (a) 1 of the following purposes for which the water may be taken under the licence— (i) ‘rural’; (ii) ‘any’; and\n- (i) ‘rural’;\n- (ii) ‘any’; and\n- (b) the nominal entitlement; and\n- (c) the conditions, if any.\n- (i) ‘rural’;\n- (ii) ‘any’; and","sortOrder":58},{"sectionNumber":"sec.64","sectionType":"section","heading":"Definition for sdiv 2","content":"### sec.64 Definition for sdiv 2\n\nIn this subdivision—\namended water licence means a water licence to take groundwater amended under section 217 of the Act .","sortOrder":59},{"sectionNumber":"sec.65","sectionType":"section","heading":"Purpose to be stated on a water licence","content":"### sec.65 Purpose to be stated on a water licence\n\nThe purpose stated on an amended water licence must be—\nif the purpose stated on the water licence is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or\notherwise—‘any’.\n- (a) if the purpose stated on the water licence is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":60},{"sectionNumber":"sec.66","sectionType":"section","heading":"Conditions for amended water licences","content":"### sec.66 Conditions for amended water licences\n\nIn deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions stated on the water licence being amended.","sortOrder":61},{"sectionNumber":"sec.67","sectionType":"section","heading":"Definitions for sdiv 3","content":"### sec.67 Definitions for sdiv 3\n\nIn this subdivision—\nprescribed existing groundwater works means works the chief executive is satisfied were—\nused or capable of being used to take groundwater for a purpose, other than stock or domestic purposes, from a prescribed groundwater management area; and\nin existence on 20 June 2012.\nprescribed groundwater management area means any part of the following groundwater management areas in which, before the commencement of this plan, a water licence was not required to take groundwater—\nMulgrave–Russell groundwater management area;\nSouthern Tablelands groundwater management area;\nLower Johnstone groundwater management area;\nSouth Johnstone groundwater management area;\nLiverpool Creek groundwater management area;\nTully groundwater management area;\nLower Herbert groundwater management area.\n- (a) used or capable of being used to take groundwater for a purpose, other than stock or domestic purposes, from a prescribed groundwater management area; and\n- (b) in existence on 20 June 2012.\n- (a) Mulgrave–Russell groundwater management area;\n- (b) Southern Tablelands groundwater management area;\n- (c) Lower Johnstone groundwater management area;\n- (d) South Johnstone groundwater management area;\n- (e) Liverpool Creek groundwater management area;\n- (f) Tully groundwater management area;\n- (g) Lower Herbert groundwater management area.","sortOrder":62},{"sectionNumber":"sec.68","sectionType":"section","heading":"Taking groundwater using prescribed existing groundwater works","content":"### sec.68 Taking groundwater using prescribed existing groundwater works\n\nThis section applies to an owner of land on which there are prescribed existing groundwater works.\nThe owner may continue to take groundwater using the works for 60 business days after the commencement of this plan.\nAlso, if the owner gives the chief executive notice, in the approved form, of the works and the taking of water using the works, the owner may continue to use the works to take groundwater—\nafter the notice is given; and\nuntil the owner is granted a water licence under section 69 .\n(sec.68-ssec.1) This section applies to an owner of land on which there are prescribed existing groundwater works.\n(sec.68-ssec.2) The owner may continue to take groundwater using the works for 60 business days after the commencement of this plan.\n(sec.68-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the works and the taking of water using the works, the owner may continue to use the works to take groundwater— after the notice is given; and until the owner is granted a water licence under section 69 .\n- (a) after the notice is given; and\n- (b) until the owner is granted a water licence under section 69 .","sortOrder":63},{"sectionNumber":"sec.69","sectionType":"section","heading":"Granting water licences for using prescribed existing groundwater works","content":"### sec.69 Granting water licences for using prescribed existing groundwater works\n\nThe chief executive may, under section 212 of the Act , grant a water licence to a person authorised under section 68 (3) to continue taking groundwater.","sortOrder":64},{"sectionNumber":"sec.70","sectionType":"section","heading":"Nominal entitlements for authorisations","content":"### sec.70 Nominal entitlements for authorisations\n\nThis section applies if the chief executive grants a water licence to a person under section 69 .\nThe chief executive must decide the nominal entitlement for the water licence.\nIn deciding the nominal entitlement for the licence, the chief executive must consider each of the following—\nany other water entitlements for the land to which the licence relates;\nthe density of water bores for taking groundwater in the area to which the entitlement relates;\nany unsupplemented water allocations in the area to which the entitlement relates;\nthe estimated volume.\nIf the chief executive is satisfied the volume of groundwater taken during the relevant period is more than the volume estimated under subsection (3) (d) , the chief executive may decide a nominal entitlement that is more than the estimated volume.\nIn this section—\nestimated volume means—\nfor prescribed existing works used to take groundwater for irrigation purposes—the volume of groundwater taken using the works for irrigation purposes during the relevant period, if the volume is not more than—\nin the Mulgrave–Russell groundwater management area—\nin subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\nin subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or\nin subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\nin the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or\nin the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or\nin the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or\nin the Tully groundwater management area—9ML of water for each irrigable hectare of property; or\nin the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or\nin the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or\nfor prescribed existing works used to take groundwater for a purpose other than irrigation purposes—the volume of groundwater estimated to have been taken using the works during the relevant period for the purpose.\nrelevant period means each 1-year period during the period of not more than 10 years immediately before the commencement of this plan.\n(sec.70-ssec.1) This section applies if the chief executive grants a water licence to a person under section 69 .\n(sec.70-ssec.2) The chief executive must decide the nominal entitlement for the water licence.\n(sec.70-ssec.3) In deciding the nominal entitlement for the licence, the chief executive must consider each of the following— any other water entitlements for the land to which the licence relates; the density of water bores for taking groundwater in the area to which the entitlement relates; any unsupplemented water allocations in the area to which the entitlement relates; the estimated volume.\n(sec.70-ssec.4) If the chief executive is satisfied the volume of groundwater taken during the relevant period is more than the volume estimated under subsection (3) (d) , the chief executive may decide a nominal entitlement that is more than the estimated volume.\n(sec.70-ssec.5) In this section— estimated volume means— for prescribed existing works used to take groundwater for irrigation purposes—the volume of groundwater taken using the works for irrigation purposes during the relevant period, if the volume is not more than— in the Mulgrave–Russell groundwater management area— in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or for prescribed existing works used to take groundwater for a purpose other than irrigation purposes—the volume of groundwater estimated to have been taken using the works during the relevant period for the purpose. relevant period means each 1-year period during the period of not more than 10 years immediately before the commencement of this plan.\n- (a) any other water entitlements for the land to which the licence relates;\n- (b) the density of water bores for taking groundwater in the area to which the entitlement relates;\n- (c) any unsupplemented water allocations in the area to which the entitlement relates;\n- (d) the estimated volume.\n- (a) for prescribed existing works used to take groundwater for irrigation purposes—the volume of groundwater taken using the works for irrigation purposes during the relevant period, if the volume is not more than— (i) in the Mulgrave–Russell groundwater management area— (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (ii) in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or (iii) in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or (iv) in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or (v) in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or (vi) in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or (vii) in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or\n- (i) in the Mulgrave–Russell groundwater management area— (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or\n- (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (ii) in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or\n- (iii) in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or\n- (iv) in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or\n- (v) in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or\n- (vi) in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or\n- (vii) in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or\n- (b) for prescribed existing works used to take groundwater for a purpose other than irrigation purposes—the volume of groundwater estimated to have been taken using the works during the relevant period for the purpose.\n- (i) in the Mulgrave–Russell groundwater management area— (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or\n- (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (ii) in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or\n- (iii) in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or\n- (iv) in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or\n- (v) in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or\n- (vi) in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or\n- (vii) in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or\n- (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or\n- (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or\n- (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or","sortOrder":65},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Low flow objectives","content":"# Low flow objectives","sortOrder":66},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Medium to high flow objectives","content":"# Medium to high flow objectives","sortOrder":67}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"This appears to be the original 2013 Water Plan for the Wet Tropics region. The scope remains focused on water resource management in the Wet Tropics area, covering surface water and groundwater management, conversion of existing entitlements, and establishment of reserves. While there are amendment notations (2014, 2016) visible in the text, these appear to be minor technical updates rather than significant scope expansion beyond the original water planning purpose."},"complexity_factors":["Extensive cross-referencing to external schedules (Schedules 5-10) and the parent Water Act 2000, making the full context inaccessible without consulting multiple documents","Nested conditional logic with multiple tiers of exceptions (e.g., section 52 has 5 alternative methods for calculating daily volumetric limits, with a nested exception in subsection 2)","Geographic specificity requiring detailed knowledge of subcatchment areas (A, B, C, D) across multiple catchments (Mulgrave-Russell, Johnstone, Tully, Herbert, etc.) with different rules applying to each","Conversion formulas and mathematical calculations required for determining water entitlements (e.g., multiplying pump rates by 0.0864, or hectares by varying factors of 5-12 depending on location)","Multiple overlapping regulatory frameworks (strategic reserves, general reserves, Indigenous reserves, high flow reserves) each with distinct access rules and volumetric limits","Temporal complexity with multiple reference dates (18 January 2010, 20 June 2012, commencement of plan) triggering different transitional arrangements","Defined terms scattered throughout (e.g., 'prescribed existing groundwater works', 'AMTD', 'IQQM computer program', 'relevant period') that require cross-referencing","Specific exemptions for particular entities (Cairns Regional Council gets special water allocation group class D; Kareeya hydro-electric station gets specific licence conditions; specific lot numbers SP200254 and RP717718 get automatic licences)"],"plain_english_summary":"This legislation is the **Water Plan (Wet Tropics) 2013**, a Queensland regulation that manages how water is taken, used, and protected in the Wet Tropics region of Far North Queensland.\n\n**What it does:**\nThe Plan sets the rules for sharing water between the environment, agriculture, industry, towns, and Indigenous communities. It covers both surface water (rivers, creeks, lakes) and groundwater (underground water).\n\n**Key rules include:**\n\n* **Environmental protection:** All decisions about water allocation must protect environmental flows (keeping enough water in rivers to maintain healthy ecosystems) and ensure water security for existing users.\n* **Moratorium on new takes:** Until a detailed resource operations plan is approved, no new applications to increase water take will be accepted—though there are exceptions for replacing expired licences or minor adjustments.\n* **Unallocated water reserves:** Leftover water is held in different \"buckets\":\n  * **Strategic reserve** – for State or Indigenous purposes\n  * **Cape York Indigenous reserve** – specifically for Indigenous purposes in Cape York\n  * **General reserve** – available for any purpose\n  * **High flow reserve** – available for any purpose, likely capturing excess water during floods\n* **Converting old licences:** Existing water licences in specific rivers and creeks must be converted to new \"water allocations\" with clear daily and annual limits on how much can be taken.\n* **Groundwater management:** New rules bring previously unregulated groundwater use under control, requiring licences for existing bores in certain areas and setting limits based on historical use and sustainable yields.\n* **Stock and domestic use:** Landowners can still take water for livestock and household use without a licence, but there are volume caps (generally 20 megalitres for some activities).\n\n**Who it affects:**\nFarmers, local councils, mining companies, hydro-electric operators, Indigenous communities, and anyone who takes water from the region's rivers or underground aquifers.\n\n**Why it matters:**\nThe Wet Tropics is a high-rainfall area with significant agricultural activity (sugar cane, bananas) and sensitive ecosystems including the Great Barrier Reef catchment. This Plan balances economic development with environmental protection, ensures water is available for future generations, and provides certainty for water users by converting old, often vague licences into modern, measurable entitlements."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The instrument stays within the foreseeable scope of a water resource plan: it operationalises allocation limits, converts legacy authorisations into quantified entitlements, protects environmental flows and sets reserve categories. Amendments noted in the text (2014 and 2016 citations) appear to be technical updates and additions (new calculation rules, schedules, or procedural references) rather than a fundamental expansion beyond the plan’s original purpose of managing surface and groundwater in the Wet Tropics. The plan does increase administrative detail (conversion formulas, catchment-specific multipliers, specified licence grants), but these are refinements of implementation rather than a material change of policy scope."},"complexity_factors":["Multiple cross-references to the Water Act (e.g. ss 20, 20A, 121, 206, 212, 217) creating dependency on external statutory text","Extensive schedules relied on for numeric limits and locations (schedules 5–10 referenced throughout)","Many conditional pathways and exceptions (e.g. moratorium exceptions, differing calculation methods for daily vs annual limits, exceptions for pre-existing works)","Numeric conversion rules and formulas (L/s → ML/day multiplier; hectare × catchment-specific multipliers for annual limits in secs 52, 53, 57, 70)","Geographic differentiation (catchments and subcatchments with different multipliers and caps: Mulgrave–Russell, Johnstone, Tully, Herbert, Daintree, Mossman, etc.)","Significant administrative discretion vested in the chief executive (approving alternative assessment methods, deciding nominal entitlements, granting strategic reserve water, imposing licence conditions)","Transitional provisions for pre-existing works with short time windows and notice requirements (60 business days plus notice; sec 68)","Separate and detailed regimes for surface water and groundwater, with overlapping but distinct rules (Parts 2 and 3)","Nested lists and multi-step decision rules (e.g. stepwise decision tree for daily limit in sec 52 and for annual limit in sec 53)","Amendment history footnotes in the text indicating later legislative or statutory instrument changes (2014, 2016), increasing interpretive complexity"],"plain_english_summary":"**What this plan does (mechanics)\n\n- Sets binding rules for how surface water and groundwater are allocated and managed in the Wet Tropics plan area. Key operative choices are made or overseen by the chief executive (the decision-maker named in the Water Act framework). (see secs 19–21, 42)\n\n- Requires water allocation and management decisions (other than individual water permits) to be consistent with environmental flow objectives and allocation-security objectives. Consistency is to be assessed using the IQQM hydrological model or an alternative method approved by the chief executive. (secs 20–21)\n\n- Keeps a temporary moratorium-style restriction on accepting certain kinds of new applications until the resource operations plan is finalised. That restriction blocks new applications that would increase volumes, change taking locations, increase take rates, change flow conditions or change purposes, with some narrowly framed exceptions. (secs 22–23)\n\n- Defines how “unallocated water” is held (strategic reserve, general reserve, Cape York Indigenous reserve, high flow reserve), what purposes each reserve can be granted for, and where volume limits are stated (schedules). It also sets that State-purpose strategic-reserve grants for certain projects are temporary and revert to the reserve when the project ends. (secs 24–30, 27–29)\n\n- Prescribes specific circumstances in which water can be taken without an entitlement: broad allowance for stock and domestic taking by landowners (any method), but otherwise caps other exempt activities at 20 megalitres unless regulated otherwise. (secs 31–32)\n\n- Limits the kinds and sizes of surface-water interventions (impoundments) that will be licensed: only certain permitted purposes or pre‑existing works are licensable; storage size caps differ by purpose and by subcatchment (e.g. stock/domestic, pumping pools, micro hydro). Town-supply upgrades require demonstrated need and local security strategies. (secs 34–40)\n\n- Provides for conversion of listed pre-existing authorisations into quantified water allocations (unsupplemented surface water) or into licences, and prescribes what must be recorded on allocations and licences (daily/annual volumetric limits, nominal entitlement, purpose, conditions). It sets formulas and decision factors for determining daily and annual limits — including direct carry-over of stated volumes, conversion from maximum rate (L/s → ML/day), using pump-size tables, irrigated area multipliers by catchment, or chief‑executive discretion based on historical take and capacity. (secs 46–53, 54–59, 48)\n\n- Sorts allocations into named allocation groups (classes A–D) depending on purpose and flow conditions, and requires the allocation or licence purpose to be recorded as either ‘rural’ or ‘any’ in defined circumstances. (secs 49–50, 56, 65)\n\n- For groundwater, limits unauthorised taking in groundwater management areas (groundwater may only be taken under a permit, entitlement, limited transitional authorisations, for stock/domestic, or other prescribed activities). It preserves limited transitional rights for owners of pre‑existing groundwater works (60 business days plus continuation if they notify the chief executive), and gives the chief executive power to grant replacement licences and to set nominal entitlements using historical-use and area-based rules. (secs 60–70)\n\nWho this affects (stakeholders)\n\n- Individual landowners who take water (stock/domestic users get a broad, simple right; others must hold a licence or permit). (secs 31, 61)\n- Holders of pre‑existing authorisations for surface or groundwater — their rights are converted, quantified and often limited by the plan’s formulas and caps. (secs 23, 47, 52–53, 68–70)\n- Prospective new developers and irrigators — new applications that would expand take or change take conditions are blocked while the resource operations plan is pending; some types of impoundments or larger storages may be refused or capped. (secs 22, 35–40)\n- Local governments and specific infrastructure owners (e.g. Tablelands Regional Council, Kareeya hydro-electric owner, Cairns Regional Council) who are expressly given or replaced with water licences and subject to stated licence conditions. (secs 42–45)\n- Indigenous interests and the State as holders of reserve water (unallocated water categories and purpose restrictions). (secs 25–27)\n- The chief executive and the administering agency, who exercise a substantial degree of technical and discretionary decision‑making (approving modelling alternatives, deciding nominal/annual volumes, granting strategic reserve allocations, imposing licence conditions). (multiple: secs 21, 27, 28, 29, 51–53, 57, 70)\n\nWhy it matters (practical consequences and incentives)\n\n- Quantification and certainty: converting historic authorisations into explicit daily and annual volumetric limits converts informal or legacy rights into marketable/administrable entitlements but can also reduce previously unquantified access. The chief executive’s use of historical use, pump capacity and catchment multipliers determines that conversion. (secs 48, 51–53, 57, 70)\n\n- Regulatory risk and discretion: many key outcomes depend on the chief executive’s judgments (approving modelling alternatives, setting nominal entitlements, deciding special reserve grants, and imposing conditions). This concentrates decision authority and creates administrative discretion risk for users. (secs 21, 27–29, 51–53, 57, 70)\n\n- Compliance and transaction costs: licence conversions, measurement of historic take, pump-capacity evidence, notices and modelling using IQQM (or approved alternatives) create compliance costs for water users and administrative costs for the regulator. (secs 21, 52, 68–70)\n\n- Allocation of new water is prioritised: the plan reserves unallocated water for State and Indigenous purposes in particular cases, and restricts new expansion applications pending a resource operations plan. These mechanisms concentrate potential benefits for specific categories (State projects, Indigenous use) and impose diffuse restrictions (delays and caps) on prospective private takers. (secs 24–30, 22–23)\n\n- Behavioural effects and substitution risks: caps on surface-water storage and tighter licensing may shift demand toward groundwater or drive investment in more efficient pumps and distribution systems; the plan contains explicit pump‑capacity and efficiency checks when converting rights. (secs 36–37, 52, 70)\n\nCosts, trade-offs and implementation risks to note\n\n- Who pays: existing water users bear the costs of providing evidence for historical use, pump capacity, or irrigation area; prospective users face blocked or delayed applications; the administering agency bears modelling and administrative workload. (secs 21, 52, 68–70)\n- Opportunity cost: water placed in State or Indigenous reserves removes it from general market allocation unless specifically granted (secs 25–27). Grants for State projects are time‑limited, returning volume to the strategic reserve at project end (sec 28).\n- Rent and concentration risks: the chief executive can identify projects of regional significance and allocate strategic reserve water for them; that creates concentrated, discretionary benefit potential (secs 28–29).\n- Implementation risk: much of the regime requires a resource operations plan, schedules and modelling (IQQM). Until those are final, the moratorium and interim rules create uncertainty and administrative burdens (secs 21–23, 30).\n\nBottom line (mechanistic summary)\n\n- The Plan turns legacy and ad hoc water-taking into a managed system of quantified licences and allocations, enforces flow and security objectives by modelling (IQQM), reserves unallocated water for specific State/Indigenous uses, imposes caps on storages/impoundments by purpose and area, and puts the chief executive at the centre of many technical and discretionary choices. (multiple sections: see secs 20–21, 22–30, 46–53, 60–70)\n\n(References in parentheses are to the plan’s section numbers.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The plan's scope expanded beyond its original core purpose of managing surface water. It now also governs groundwater management areas, introduces a Cape York Indigenous water reserve (a culturally specific category), and deals with transitional arrangements for existing groundwater bore operators who previously operated without any licence requirement. The inclusion of specific named infrastructure (Kareeya hydro-electric power station), individual land parcels (identified by lot numbers), and the Tablelands Regional Council as named licence recipients also reflects a degree of site-specific and entity-specific regulation that goes beyond a typical broad water planning instrument."},"complexity_factors":["Multiple overlapping regulatory layers: the plan operates alongside the Water Act, Water Regulation 2016, and a future resource operations plan, requiring cross-referencing between instruments","Highly technical volumetric and geographic specificity: different volume limits, conversion multipliers and rules apply to different named catchments, subcatchments and specific river stretches identified by precise kilometre measurements (AMTD coordinates)","Complex conversion regime: existing water licences are being converted to new water allocations using multi-step formulas that depend on what the old licence said (volume, area, pump size, flow conditions) and which catchment it covers","Multiple licence/entitlement types: the plan deals with water licences, water allocations, water permits, unallocated water reserves, and converted authorisations — each with different rules","Transitional and historical provisions: rules vary depending on whether applications were made before 18 January 2010, whether works existed before 20 June 2012, and whether a moratorium notice from 2010 still applies","Use of a specific computer modelling program (IQQM) as the legal standard for assessing compliance with environmental objectives","Indigenous-specific provisions with their own reserve categories and geographic scope (Cape York Peninsula region)","Extensive use of defined terms and cross-references to schedules (schedules 5–10) not reproduced in the extracted text, making the plan impossible to fully apply without those schedules","Multi-level list structures with nested exceptions to exceptions, creating complex logical pathways to determine applicable rules"],"plain_english_summary":"The Water Plan (Wet Tropics) 2013 restricts and manages how much surface and groundwater can be taken across the Wet Tropics, maintaining a moratorium on most new access while formalising existing entitlements and environmental flow rules. It affects farmers, irrigators, councils, industry (e.g. hydro), Indigenous communities, landowners and developers. It matters because it balances water supply and development against protecting rivers, World Heritage rainforest values and long‑term ecosystem health."}},"importantCases":[],"_links":{"self":"/api/acts/water-plan-wet-tropics-2013","history":"/api/acts/water-plan-wet-tropics-2013/history","analysis":"/api/acts/water-plan-wet-tropics-2013/analysis","conflicts":"/api/acts/water-plan-wet-tropics-2013/conflicts","importantCases":"/api/acts/water-plan-wet-tropics-2013/important-cases","documents":"/api/acts/water-plan-wet-tropics-2013/documents"}}