{"id":"qld:sl-2010-0017","name":"Water Resource (Whitsunday) Plan 2010","slug":"water-resource-whitsunday-plan-2010","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"17 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175790,"registerId":"qld-qld:sl-2010-0017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.15","sectionType":"section","heading":"Application of ch 4","content":"### sec.15 Application of ch 4\n\nThis chapter applies to surface water, other than overland flow water, in the plan area.","sortOrder":1},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Environmental flow objectives","content":"# Environmental flow objectives","sortOrder":2},{"sectionNumber":"sec.16","sectionType":"section","heading":"Environmental flow objectives","content":"### sec.16 Environmental flow objectives\n\nThe environmental flow objectives are stated in schedule&#160;4 .","sortOrder":3},{"sectionNumber":"sec.17","sectionType":"section","heading":"Performance indicators for environmental flow objectives","content":"### sec.17 Performance indicators for environmental flow objectives\n\nThe performance indicators for the environmental flow objectives are—\nfor assessing periods of low flow at the nodes mentioned in schedule&#160;4 , part&#160;1 —\n50% non-zero daily flow; and\n80% non-zero daily flow; and\n90% non-zero daily flow; and\ndaily flow volume; and\n80% non-zero daily flow in a water flow season; and\na period of no flow of at least 30 consecutive days; and\na period of no flow of at least 90 consecutive days; and\nfor assessing periods of medium to high flow at the nodes mentioned in schedule&#160;4 , part&#160;2 —\nmean annual flow; and\nmedian annual flow; and\n1.5 year daily flow volume; and\n5 year daily flow volume; and\n20 year daily flow volume; and\nannual proportional flow deviation.\n- (a) for assessing periods of low flow at the nodes mentioned in schedule&#160;4 , part&#160;1 — (i) 50% non-zero daily flow; and (ii) 80% non-zero daily flow; and (iii) 90% non-zero daily flow; and (iv) daily flow volume; and (v) 80% non-zero daily flow in a water flow season; and (vi) a period of no flow of at least 30 consecutive days; and (vii) a period of no flow of at least 90 consecutive days; and\n- (i) 50% non-zero daily flow; and\n- (ii) 80% non-zero daily flow; and\n- (iii) 90% non-zero daily flow; and\n- (iv) daily flow volume; and\n- (v) 80% non-zero daily flow in a water flow season; and\n- (vi) a period of no flow of at least 30 consecutive days; and\n- (vii) a period of no flow of at least 90 consecutive days; and\n- (b) for assessing periods of medium to high flow at the nodes mentioned in schedule&#160;4 , part&#160;2 — (i) mean annual flow; and (ii) median annual flow; and (iii) 1.5 year daily flow volume; and (iv) 5 year daily flow volume; and (v) 20 year daily flow volume; and (vi) annual proportional flow deviation.\n- (i) mean annual flow; and\n- (ii) median annual flow; and\n- (iii) 1.5 year daily flow volume; and\n- (iv) 5 year daily flow volume; and\n- (v) 20 year daily flow volume; and\n- (vi) annual proportional flow deviation.\n- (i) 50% non-zero daily flow; and\n- (ii) 80% non-zero daily flow; and\n- (iii) 90% non-zero daily flow; and\n- (iv) daily flow volume; and\n- (v) 80% non-zero daily flow in a water flow season; and\n- (vi) a period of no flow of at least 30 consecutive days; and\n- (vii) a period of no flow of at least 90 consecutive days; and\n- (i) mean annual flow; and\n- (ii) median annual flow; and\n- (iii) 1.5 year daily flow volume; and\n- (iv) 5 year daily flow volume; and\n- (v) 20 year daily flow volume; and\n- (vi) annual proportional flow deviation.","sortOrder":4},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Water allocation security objectives","content":"# Water allocation security objectives","sortOrder":5},{"sectionNumber":"sec.18","sectionType":"section","heading":"Water allocation security objectives","content":"### sec.18 Water allocation security objectives\n\nThe water allocation security objectives for this plan are stated in—\nfor water allocations to take supplemented water— schedule&#160;5 , part&#160;1 ; and\nfor water allocations to take unsupplemented water— schedule&#160;5 , part&#160;2 .\n- (a) for water allocations to take supplemented water— schedule&#160;5 , part&#160;1 ; and\n- (b) for water allocations to take unsupplemented water— schedule&#160;5 , part&#160;2 .","sortOrder":6},{"sectionNumber":"sec.19","sectionType":"section","heading":"Performance indicators for water allocation security objectives","content":"### sec.19 Performance indicators for water allocation security objectives\n\nThe performance indicators for the water allocation security objectives for taking supplemented water are—\nfor priority groups A and A1—\nannual supplemented water sharing index; and\nmonthly supplemented water sharing index; and\nfor priority group A2—\n90% annual supplemented water sharing index; and\n90% monthly supplemented water sharing index; and\nfor priority group A3—\n75% annual supplemented water sharing index; and\n75% monthly supplemented water sharing index.\nThe performance indicators for the water allocation security objectives for taking unsupplemented water are—\n30% unsupplemented water sharing index; and\n50% unsupplemented water sharing index; and\n70% unsupplemented water sharing index; and\nannual volume probability.\n(sec.19-ssec.1) The performance indicators for the water allocation security objectives for taking supplemented water are— for priority groups A and A1— annual supplemented water sharing index; and monthly supplemented water sharing index; and for priority group A2— 90% annual supplemented water sharing index; and 90% monthly supplemented water sharing index; and for priority group A3— 75% annual supplemented water sharing index; and 75% monthly supplemented water sharing index.\n(sec.19-ssec.2) The performance indicators for the water allocation security objectives for taking unsupplemented water are— 30% unsupplemented water sharing index; and 50% unsupplemented water sharing index; and 70% unsupplemented water sharing index; and annual volume probability.\n- (a) for priority groups A and A1— (i) annual supplemented water sharing index; and (ii) monthly supplemented water sharing index; and\n- (i) annual supplemented water sharing index; and\n- (ii) monthly supplemented water sharing index; and\n- (b) for priority group A2— (i) 90% annual supplemented water sharing index; and (ii) 90% monthly supplemented water sharing index; and\n- (i) 90% annual supplemented water sharing index; and\n- (ii) 90% monthly supplemented water sharing index; and\n- (c) for priority group A3— (i) 75% annual supplemented water sharing index; and (ii) 75% monthly supplemented water sharing index.\n- (i) 75% annual supplemented water sharing index; and\n- (ii) 75% monthly supplemented water sharing index.\n- (i) annual supplemented water sharing index; and\n- (ii) monthly supplemented water sharing index; and\n- (i) 90% annual supplemented water sharing index; and\n- (ii) 90% monthly supplemented water sharing index; and\n- (i) 75% annual supplemented water sharing index; and\n- (ii) 75% monthly supplemented water sharing index.\n- (a) 30% unsupplemented water sharing index; and\n- (b) 50% unsupplemented water sharing index; and\n- (c) 70% unsupplemented water sharing index; and\n- (d) annual volume probability.","sortOrder":7},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Strategies for both surface water and groundwater","content":"# Strategies for both surface water and groundwater","sortOrder":8},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":9},{"sectionNumber":"sec.20","sectionType":"section","heading":"Application of pt&#160;1","content":"### sec.20 Application of pt&#160;1\n\nThis part applies to both surface water and groundwater.","sortOrder":10},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns&#160;21 om 2014 SL&#160;No.&#160;142 s&#160;238","sortOrder":11},{"sectionNumber":"sec.22","sectionType":"section","heading":"Matters to be considered for environmental management rules","content":"### sec.22 Matters to be considered for environmental management rules\n\nIn deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider—\nthe streamflows required to maintain the following—\nthe longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;\nthe wetted habitats at riffles and other streambed features;\nthe natural seasonality of flows and zero flows;\nthe replenishment of refuge pools that enable movement of instream biota;\ngroundwater flows;\nthe contributions from aquifers to the flow of water in watercourses;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\nthe impact the taking of, or proposed taking of, or interfering with, water may have on the following—\nwater quality;\nthe natural movement of sediment and nutrients;\nthe inundation of habitats;\nthe movement of fish and other aquatic animals;\nthe recreation and aesthetic values of the plan area;\ncultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\n(sec.22-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment and nutrients; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n(sec.22-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n- (a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) groundwater flows;\n- (vi) the contributions from aquifers to the flow of water in watercourses;\n- (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment and nutrients; (iii) the inundation of habitats; (iv) the movement of fish and other aquatic animals; (v) the recreation and aesthetic values of the plan area; (vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) water quality;\n- (ii) the natural movement of sediment and nutrients;\n- (iii) the inundation of habitats;\n- (iv) the movement of fish and other aquatic animals;\n- (v) the recreation and aesthetic values of the plan area;\n- (vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.\n- (i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;\n- (ii) the wetted habitats at riffles and other streambed features;\n- (iii) the natural seasonality of flows and zero flows;\n- (iv) the replenishment of refuge pools that enable movement of instream biota;\n- (v) groundwater flows;\n- (vi) the contributions from aquifers to the flow of water in watercourses;\n- (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and\n- (i) water quality;\n- (ii) the natural movement of sediment and nutrients;\n- (iii) the inundation of habitats;\n- (iv) the movement of fish and other aquatic animals;\n- (v) the recreation and aesthetic values of the plan area;\n- (vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.","sortOrder":12},{"sectionNumber":"sec.23","sectionType":"section","heading":"Matters to be considered for water sharing rules","content":"### sec.23 Matters to be considered for water sharing rules\n\nIn deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive is to consider—\nfor rules relating to supplemented water—\nany existing water sharing rules; and\nthe extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\nfor rules relating to unsupplemented water or groundwater—\nany existing water sharing arrangements; and\nthe local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and\nthe conditions for taking water decided under section&#160;58 ; and\nthe daily volumetric limits decided under section&#160;64 ; and\nthe nominal entitlements decided under section&#160;65 ; and\nthe impact of the rules on authorisations to take water in the plan area.\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\nIn this section—\nexisting water sharing rules means water sharing rules in force on the plan notification day.\nexisting water supply arrangements means water supply arrangements in place on the plan notification day.\n(sec.23-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive is to consider— for rules relating to supplemented water— any existing water sharing rules; and the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and for rules relating to unsupplemented water or groundwater— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and the conditions for taking water decided under section&#160;58 ; and the daily volumetric limits decided under section&#160;64 ; and the nominal entitlements decided under section&#160;65 ; and the impact of the rules on authorisations to take water in the plan area.\n(sec.23-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n(sec.23-ssec.3) In this section— existing water sharing rules means water sharing rules in force on the plan notification day. existing water supply arrangements means water supply arrangements in place on the plan notification day.\n- (a) for rules relating to supplemented water— (i) any existing water sharing rules; and (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\n- (i) any existing water sharing rules; and\n- (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\n- (b) for rules relating to unsupplemented water or groundwater— (i) any existing water sharing arrangements; and (ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and (iii) the conditions for taking water decided under section&#160;58 ; and (iv) the daily volumetric limits decided under section&#160;64 ; and (v) the nominal entitlements decided under section&#160;65 ; and (vi) the impact of the rules on authorisations to take water in the plan area.\n- (i) any existing water sharing arrangements; and\n- (ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and\n- (iii) the conditions for taking water decided under section&#160;58 ; and\n- (iv) the daily volumetric limits decided under section&#160;64 ; and\n- (v) the nominal entitlements decided under section&#160;65 ; and\n- (vi) the impact of the rules on authorisations to take water in the plan area.\n- (i) any existing water sharing rules; and\n- (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and\n- (i) any existing water sharing arrangements; and\n- (ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and\n- (iii) the conditions for taking water decided under section&#160;58 ; and\n- (iv) the daily volumetric limits decided under section&#160;64 ; and\n- (v) the nominal entitlements decided under section&#160;65 ; and\n- (vi) the impact of the rules on authorisations to take water in the plan area.","sortOrder":13},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":14},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns&#160;24 om 2014 SL&#160;No.&#160;142 s&#160;239","sortOrder":15},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Unallocated water","content":"## Unallocated water","sortOrder":16},{"sectionNumber":"sec.25","sectionType":"section","heading":"Application of div&#160;3","content":"### sec.25 Application of div&#160;3\n\nThis division applies to unallocated water.","sortOrder":17},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns&#160;26 om 2014 SL&#160;No.&#160;142 s&#160;240","sortOrder":18},{"sectionNumber":"sec.27","sectionType":"section","heading":"Unallocated water held as general reserve or strategic reserve","content":"### sec.27 Unallocated water held as general reserve or strategic reserve\n\nUnallocated water is held as a general reserve ( general unallocated water ) or strategic reserve ( strategic unallocated water ) and dealt with under this division.","sortOrder":19},{"sectionNumber":"sec.28","sectionType":"section","heading":"Purposes for which unallocated water may be granted","content":"### sec.28 Purposes for which unallocated water may be granted\n\nGeneral unallocated water may be granted for any purpose.\nStrategic unallocated water may be granted only if it is to be taken for a State purpose.\n(sec.28-ssec.1) General unallocated water may be granted for any purpose.\n(sec.28-ssec.2) Strategic unallocated water may be granted only if it is to be taken for a State purpose.","sortOrder":20},{"sectionNumber":"sec.29","sectionType":"section","heading":"Total volume of unallocated water","content":"### sec.29 Total volume of unallocated water\n\nThe total of the nominal entitlements for all water licences and annual volumetric limits for all water allocations for taking—\ngeneral unallocated water from a subcatchment area mentioned in schedule&#160;6 , part&#160;1 , column 1, is stated in the schedule , part&#160;1 , column 2, opposite the subcatchment area; and\nstrategic unallocated water from a subcatchment area mentioned in schedule&#160;6 , part&#160;2 , column 1, is stated in the schedule , part&#160;2 , column 2, opposite the subcatchment area.\n- (a) general unallocated water from a subcatchment area mentioned in schedule&#160;6 , part&#160;1 , column 1, is stated in the schedule , part&#160;1 , column 2, opposite the subcatchment area; and\n- (b) strategic unallocated water from a subcatchment area mentioned in schedule&#160;6 , part&#160;2 , column 1, is stated in the schedule , part&#160;2 , column 2, opposite the subcatchment area.","sortOrder":21},{"sectionNumber":"sec.30","sectionType":"section","heading":"Period for which strategic unallocated water is granted for particular State purpose","content":"### sec.30 Period for which strategic unallocated water is granted for particular State purpose\n\nThis section applies to water licences for taking strategic unallocated water for either of the following State purposes—\na project of State significance;\na project of regional significance.\nWater granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.\n(sec.30-ssec.1) This section applies to water licences for taking strategic unallocated water for either of the following State purposes— a project of State significance; a project of regional significance.\n(sec.30-ssec.2) Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.\n- (a) a project of State significance;\n- (b) a project of regional significance.","sortOrder":22},{"sectionNumber":"sec.31","sectionType":"section","heading":"Projects that may be considered to be of regional significance","content":"### sec.31 Projects that may be considered to be of regional significance\n\nThe chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area, having regard to the following—\nthe outcomes under chapter&#160;3 ;\nthe economic or social impact the project will have on the region;\nthe public interest and the welfare of people in the region;\nany other relevant consideration.\n- (a) the outcomes under chapter&#160;3 ;\n- (b) the economic or social impact the project will have on the region;\n- (c) the public interest and the welfare of people in the region;\n- (d) any other relevant consideration.","sortOrder":23},{"sectionNumber":"sec.32","sectionType":"section","heading":"Flow conditions for general unallocated water","content":"### sec.32 Flow conditions for general unallocated water\n\nThis section applies to a water entitlement granted—\nto take groundwater; or\nto take surface water from a watercourse, lake or spring, other than to take for stock or domestic purposes.\nGeneral unallocated water may be granted only with a flow condition that prevents the taking of water that is required to maintain the following—\nthe longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;\nthe wetted habitats at riffles and other streambed features;\nthe natural seasonality of flows and zero flows;\nthe replenishment of refuge pools that enable movement of instream biota;\ngroundwater flows;\nthe contributions from aquifers to the flow of water in watercourses;\nthe lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains.\n(sec.32-ssec.1) This section applies to a water entitlement granted— to take groundwater; or to take surface water from a watercourse, lake or spring, other than to take for stock or domestic purposes.\n(sec.32-ssec.2) General unallocated water may be granted only with a flow condition that prevents the taking of water that is required to maintain the following— the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains.\n- (a) to take groundwater; or\n- (b) to take surface water from a watercourse, lake or spring, other than to take for stock or domestic purposes.\n- (a) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;\n- (b) the wetted habitats at riffles and other streambed features;\n- (c) the natural seasonality of flows and zero flows;\n- (d) the replenishment of refuge pools that enable movement of instream biota;\n- (e) groundwater flows;\n- (f) the contributions from aquifers to the flow of water in watercourses;\n- (g) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains.","sortOrder":24},{"sectionNumber":"sec.33","sectionType":"section","heading":"Preparing and implementing process under the resource operations plan generally","content":"### sec.33 Preparing and implementing process under the resource operations plan generally\n\nUnallocated water is dealt with under a process stated in the resource operations plan.\nIn preparing and implementing the process, the chief executive is to consider the following—\nthe purpose for which the water is required;\nthe efficiency of existing and proposed water use practices;\nthe extent to which water is being taken under existing authorisations in the plan area;\nthe availability of an alternative water supply for the purpose for which the water is required;\nthe impact the proposed taking of, or interfering with, the water may have on existing water users, the operations of resource operations licence and distribution operations licence holders in the plan area;\nwhether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\nthe matters mentioned in section&#160;22 (1) .\nSubsection&#160;(2) does not limit the matters the chief executive may consider.\nThe resource operations plan will state that use, for irrigation, of water taken under a water licence granted under section&#160;212 of the Act requires a land and water management plan approved under section&#160;77 of the Act .\nIn this section—\nexisting , in relation to an authorisation, water use practice or water user, means existing at the time the process stated in the resource operations plan is being prepared.\n(sec.33-ssec.1) Unallocated water is dealt with under a process stated in the resource operations plan.\n(sec.33-ssec.2) In preparing and implementing the process, the chief executive is to consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water is being taken under existing authorisations in the plan area; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users, the operations of resource operations licence and distribution operations licence holders in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section&#160;22 (1) .\n(sec.33-ssec.3) Subsection&#160;(2) does not limit the matters the chief executive may consider.\n(sec.33-ssec.4) The resource operations plan will state that use, for irrigation, of water taken under a water licence granted under section&#160;212 of the Act requires a land and water management plan approved under section&#160;77 of the Act .\n(sec.33-ssec.5) In this section— existing , in relation to an authorisation, water use practice or water user, means existing at the time the process stated in the resource operations plan is being prepared.\n- (a) the purpose for which the water is required;\n- (b) the efficiency of existing and proposed water use practices;\n- (c) the extent to which water is being taken under existing authorisations in the plan area;\n- (d) the availability of an alternative water supply for the purpose for which the water is required;\n- (e) the impact the proposed taking of, or interfering with, the water may have on existing water users, the operations of resource operations licence and distribution operations licence holders in the plan area;\n- (f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;\n- (g) the matters mentioned in section&#160;22 (1) .","sortOrder":25},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Additional strategies for surface water","content":"# Additional strategies for surface water","sortOrder":26},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":27},{"sectionNumber":"sec.34","sectionType":"section","heading":"Application of pt&#160;2","content":"### sec.34 Application of pt&#160;2\n\nThe strategies stated in this part apply to surface water in addition to the strategies stated in part&#160;1 .","sortOrder":28},{"sectionNumber":"sec.35","sectionType":"section","heading":"Decisions consistent with objectives","content":"### sec.35 Decisions consistent with objectives\n\nDecisions about the allocation or management of surface water, other than a decision about a water permit, must be consistent with—\nthe environmental flow objectives; and\nthe water allocation security objectives.\n- (a) the environmental flow objectives; and\n- (b) the water allocation security objectives.","sortOrder":29},{"sectionNumber":"sec.36","sectionType":"section","heading":"Assessing impact of decisions","content":"### sec.36 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&#160;(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.36-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.36-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.36-ssec.3) The chief executive may approve an assessment method for subsection&#160;(2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.","sortOrder":30},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Strategies for supplemented water only","content":"## Strategies for supplemented water only","sortOrder":31},{"sectionNumber":"sec.37","sectionType":"section","heading":"Water allocations to be managed under a resource operations licence","content":"### sec.37 Water allocations to be managed under a resource operations licence\n\nWater allocations converted from interim water allocations to take water from the Proserpine River Water Supply Scheme are to be managed under a resource operations licence.","sortOrder":32},{"sectionNumber":"sec.38","sectionType":"section","heading":"Water allocation to which water is to be distributed under a distribution operations licence","content":"### sec.38 Water allocation to which water is to be distributed under a distribution operations licence\n\nA water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Kelsey Creek Water Board is a water allocation to which the Kelsey Creek Water Board’s distribution operation licence applies.\nA water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Six Mile Creek Water Supply Board is a water allocation to which the Six Mile Creek Water Supply Board’s distribution operation licence applies.\n(sec.38-ssec.1) A water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Kelsey Creek Water Board is a water allocation to which the Kelsey Creek Water Board’s distribution operation licence applies.\n(sec.38-ssec.2) A water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Six Mile Creek Water Supply Board is a water allocation to which the Six Mile Creek Water Supply Board’s distribution operation licence applies.","sortOrder":33},{"sectionNumber":"sec.39","sectionType":"section","heading":"Matters to be considered for infrastructure operating rules","content":"### sec.39 Matters to be considered for infrastructure operating rules\n\nIn deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure or proposed infrastructure for supplemented water, the chief executive considers—\nthe impact of the infrastructure’s or proposed infrastructure’s operation on the following—\ninstream water levels;\nbed and banks of watercourses;\nriparian vegetation; and\nthe extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and\nthe impact on the transfer of water between watercourses; and\nthe likelihood of fish deaths caused by the operation of the infrastructure; and\nthe matters mentioned in section&#160;22 (1) .\nSubsection&#160;(1) does not limit the matters the chief executive may consider.\n(sec.39-ssec.1) In deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure or proposed infrastructure for supplemented water, the chief executive considers— the impact of the infrastructure’s or proposed infrastructure’s operation on the following— instream water levels; bed and banks of watercourses; riparian vegetation; and the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and the impact on the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the matters mentioned in section&#160;22 (1) .\n(sec.39-ssec.2) Subsection&#160;(1) does not limit the matters the chief executive may consider.\n- (a) the impact of the infrastructure’s or proposed infrastructure’s operation on the following— (i) instream water levels; (ii) bed and banks of watercourses; (iii) riparian vegetation; and\n- (i) instream water levels;\n- (ii) bed and banks of watercourses;\n- (iii) riparian vegetation; and\n- (b) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and\n- (c) the impact on the transfer of water between watercourses; and\n- (d) the likelihood of fish deaths caused by the operation of the infrastructure; and\n- (e) the matters mentioned in section&#160;22 (1) .\n- (i) instream water levels;\n- (ii) bed and banks of watercourses;\n- (iii) riparian vegetation; and","sortOrder":34},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns&#160;40 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":35},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns&#160;41 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":36},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns&#160;42 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":37},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns&#160;43 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":38},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns&#160;44 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":39},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns&#160;45 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":40},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns&#160;46 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":41},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns&#160;47 om 2014 SL&#160;No.&#160;142 s&#160;242","sortOrder":42},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Strategies for unsupplemented water only","content":"## Strategies for unsupplemented water only","sortOrder":43},{"sectionNumber":"sec.48","sectionType":"section","heading":"Purpose of sdiv&#160;1","content":"### sec.48 Purpose of sdiv&#160;1\n\nThis subdivision states strategies for authorisations to be converted, under section&#160;121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.","sortOrder":44},{"sectionNumber":"sec.49","sectionType":"section","heading":"Restrictions on taking water from waterholes","content":"### sec.49 Restrictions on taking water from waterholes\n\nThis section applies to the chief executive in making a decision about taking unsupplemented water from a waterhole under—\na water allocation; or\na water licence.\nThe chief executive must—\nconsider the impact the taking may have on the cultural or ecological values of the waterhole; and\nimpose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.\nHowever, the chief executive need not impose a condition mentioned in subsection&#160;(2) (b) if the chief executive is satisfied—\nthe taking of water from the waterhole will not adversely affect its cultural or ecological values; or\nfor a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n(sec.49-ssec.1) This section applies to the chief executive in making a decision about taking unsupplemented water from a waterhole under— a water allocation; or a water licence.\n(sec.49-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole; and impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.\n(sec.49-ssec.3) However, the chief executive need not impose a condition mentioned in subsection&#160;(2) (b) if the chief executive is satisfied— the taking of water from the waterhole will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.\n- (a) a water allocation; or\n- (b) a water licence.\n- (a) consider the impact the taking may have on the cultural or ecological values of the waterhole; and\n- (b) impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.\n- (a) the taking of water from the waterhole will not adversely affect its cultural or ecological values; or\n- (b) for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.","sortOrder":45},{"sectionNumber":"sec.50","sectionType":"section","heading":"Authorisations to be converted to water allocations","content":"### sec.50 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—\nthe Andromache River, including its tributaries, downstream from its confluence with Horse Creek AMTD 37.8km; and\nthe O’Connell River, including its tributaries, downstream from its confluence with Kanaka Creek AMTD 52.9km.\n- (a) the Andromache River, including its tributaries, downstream from its confluence with Horse Creek AMTD 37.8km; and\n- (b) the O’Connell River, including its tributaries, downstream from its confluence with Kanaka Creek AMTD 52.9km.","sortOrder":46},{"sectionNumber":"sec.51","sectionType":"section","heading":"Elements of water allocations to take unsupplemented water","content":"### sec.51 Elements of water allocations to take unsupplemented water\n\nA water allocation to take unsupplemented water must state the following—\nthe maximum rate at which water may be taken under the allocation;\nthe daily volumetric limit for the allocation;\nthe annual volumetric limit for the allocation.\ns&#160;51 sub 2014 SL&#160;No.&#160;142 s&#160;243\n- (a) the maximum rate at which water may be taken under the allocation;\n- (b) the daily volumetric limit for the allocation;\n- (c) the annual volumetric limit for the allocation.","sortOrder":47},{"sectionNumber":"sec.52","sectionType":"section","heading":"Location for taking water under water allocation","content":"### sec.52 Location for taking water under water allocation\n\nThe location for taking water to be stated on a water allocation to take unsupplemented water must include the place at which water could have been taken under the authorisation.","sortOrder":48},{"sectionNumber":"sec.53","sectionType":"section","heading":"Purpose to be stated on water allocation","content":"### sec.53 Purpose to be stated on 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, amenities, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\notherwise—‘any’.\n- (a) if the purpose stated on the authorisation is stock, domestic, amenities, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":49},{"sectionNumber":"sec.54","sectionType":"section","heading":"Nominal volume for water allocation","content":"### sec.54 Nominal volume for water allocation\n\nIn deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must consider the following—\nthe local availability of water;\nthe conditions under which water may be taken under the authorisation;\nfor an authorisation that states an annual volume—the stated volume;\nthe simulated mean annual diversion for the authorisation.\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 an annual volume—the stated volume;\n- (d) the simulated mean annual diversion for the authorisation.","sortOrder":50},{"sectionNumber":"sec.55","sectionType":"section","heading":"Maximum rates","content":"### sec.55 Maximum rates\n\nThe maximum rate at which unsupplemented water may be taken under a water allocation to take unsupplemented water is—\nfor an authorisation that states a maximum rate—the stated rate; and\nfor an authorisation that does not state a maximum rate but for which a related development permit—\nstates a pump size mentioned in schedule&#160;7 , column 1—the rate stated in schedule&#160;7 , column 2, for the pump size; or\nstates a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;7 , column 2; and\nfor another authorisation—the rate decided by the chief executive having regard to—\nthe type of authorisation; and\nan estimate or measurement of the rate at which water can be taken under the authorisation.\nHowever, for subsection&#160;(1) (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken;\nthe water taking capacity of the pump to which the development permit relates (the existing pump );\nthe irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;\nthe efficiency of the system mentioned in paragraph&#160;(c) .\n(sec.55-ssec.1) The maximum rate at which unsupplemented water may be taken under a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate—the stated rate; and for an authorisation that does not state a maximum rate but for which a related development permit— states a pump size mentioned in schedule&#160;7 , column 1—the rate stated in schedule&#160;7 , column 2, for the pump size; or states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;7 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation.\n(sec.55-ssec.2) However, for subsection&#160;(1) (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day; the efficiency of the system mentioned in paragraph&#160;(c) .\n- (a) for an authorisation that states a maximum rate—the stated rate; and\n- (b) for an authorisation that does not state a maximum rate but for which a related development permit— (i) states a pump size mentioned in schedule&#160;7 , column 1—the rate stated in schedule&#160;7 , column 2, for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;7 , column 2; and\n- (i) states a pump size mentioned in schedule&#160;7 , column 1—the rate stated in schedule&#160;7 , column 2, for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;7 , column 2; and\n- (c) for another authorisation—the rate decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) states a pump size mentioned in schedule&#160;7 , column 1—the rate stated in schedule&#160;7 , column 2, for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule&#160;7 , column 2; and\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (a) the conditions under which the water may be taken;\n- (b) the water taking capacity of the pump to which the development permit relates (the existing pump );\n- (c) the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;\n- (d) the efficiency of the system mentioned in paragraph&#160;(c) .","sortOrder":51},{"sectionNumber":"sec.56","sectionType":"section","heading":"Daily volumetric limits","content":"### sec.56 Daily volumetric limits\n\nThe daily volumetric limit for a water allocation to take unsupplemented water is—\nfor an authorisation that states the daily volumetric limit—the stated volume; and\nfor an authorisation that does not state a volume but for which a related development permit—\nstates a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit stated in schedule&#160;7 , column 3, for the pump size; or\nstates a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;7 , column 3; and\nfor another authorisation—the daily volumetric limit decided by the chief executive having regard to—\nthe type of authorisation; and\nan estimate or measurement of the rate at which water can be taken under the authorisation.\nHowever, for subsection&#160;(1) (b) , if the authorisation holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following—\nthe conditions under which the water may be taken under the authorisation;\nthe water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;\nthe irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;\nthe efficiency of the system mentioned in paragraph&#160;(c) .\nThe chief executive must ensure the daily volumetric limit for a water allocation is not more than the total volume that could be taken in a day at the maximum rate decided, for the water allocation, under section&#160;55 .\n(sec.56-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states the daily volumetric limit—the stated volume; and for an authorisation that does not state a volume but for which a related development permit— states a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit stated in schedule&#160;7 , column 3, for the pump size; or states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;7 , column 3; and for another authorisation—the daily volumetric limit decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation.\n(sec.56-ssec.2) However, for subsection&#160;(1) (b) , if the authorisation holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the authorisation; the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day; the efficiency of the system mentioned in paragraph&#160;(c) .\n(sec.56-ssec.3) The chief executive must ensure the daily volumetric limit for a water allocation is not more than the total volume that could be taken in a day at the maximum rate decided, for the water allocation, under section&#160;55 .\n- (a) for an authorisation that states the daily volumetric limit—the stated volume; and\n- (b) for an authorisation that does not state a volume but for which a related development permit— (i) states a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit stated in schedule&#160;7 , column 3, for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;7 , column 3; and\n- (i) states a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit stated in schedule&#160;7 , column 3, for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;7 , column 3; and\n- (c) for another authorisation—the daily volumetric limit decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (i) states a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit stated in schedule&#160;7 , column 3, for the pump size; or\n- (ii) states a pump size other than a pump size mentioned in schedule&#160;7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule&#160;7 , column 3; and\n- (i) the type of authorisation; and\n- (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.\n- (a) the conditions under which the water may be taken under the authorisation;\n- (b) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;\n- (c) the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;\n- (d) the efficiency of the system mentioned in paragraph&#160;(c) .","sortOrder":52},{"sectionNumber":"sec.57","sectionType":"section","heading":"Annual volumetric limits","content":"### sec.57 Annual volumetric limits\n\nThe annual volumetric limit for a water allocation to take unsupplemented water is—\nfor an authorisation that states the volume of water that may be taken in a 12 month period—the stated volume; and\nfor an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the authorisation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area in hectares by 5; and\nfor another authorisation—the volume decided by the chief executive having regard to the following—\nthe conditions under which water may be taken under the authorisation;\nthe water taking capacity of any works for taking water under the authorisation;\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 during the period, of not more than 10 years, immediately before the plan notification day;\nthe efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (a) for an authorisation that states the volume of water that may be taken in a 12 month period—the stated volume; and\n- (b) for an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the authorisation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area in hectares by 5; and\n- (c) for another authorisation—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the authorisation; (ii) the water taking capacity of any works for taking water under the authorisation; (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 during the period, of not more than 10 years, immediately before the plan notification day; (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the authorisation;\n- (ii) the water taking capacity of any works for taking water under the authorisation;\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 during the period, of not more than 10 years, immediately before the plan notification day;\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the authorisation;\n- (ii) the water taking capacity of any works for taking water under the authorisation;\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 during the period, of not more than 10 years, immediately before the plan notification day;\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .","sortOrder":53},{"sectionNumber":"sec.58","sectionType":"section","heading":"Conditions relating to flow conditions","content":"### sec.58 Conditions relating to flow conditions\n\nIn deciding the conditions relating to flow conditions under which water may be taken under a water allocation, the chief executive must consider any conditions relating to flow conditions stated on the authorisation.","sortOrder":54},{"sectionNumber":"sec.59","sectionType":"section","heading":"Water allocation groups for water allocations","content":"### sec.59 Water allocation groups for water allocations\n\nA water allocation to take unsupplemented water in subcatchment areas D or E belongs to—\nfor an authorisation that does not state a flow condition—water allocation group 1; and\nfor another authorisation—water allocation group 2.\n- (a) for an authorisation that does not state a flow condition—water allocation group 1; and\n- (b) for another authorisation—water allocation group 2.","sortOrder":55},{"sectionNumber":"sec.60","sectionType":"section","heading":"Application of sdiv&#160;2","content":"### sec.60 Application of sdiv&#160;2\n\nThis subdivision applies to water licences for taking unsupplemented water.","sortOrder":56},{"sectionNumber":"sec.61","sectionType":"section","heading":"Elements of water licences to take unsupplemented water","content":"### sec.61 Elements of water licences to take unsupplemented water\n\nA water licence to take unsupplemented water must state the following—\nthe purpose for which the water may be taken under the licence;\nthe maximum rate at which water may be taken under the licence;\nthe daily volumetric limit for the licence;\nthe nominal entitlement for the licence;\nthe flow conditions, if any, for the licence.\n- (a) the purpose for which the water may be taken under the licence;\n- (b) the maximum rate at which water may be taken under the licence;\n- (c) the daily volumetric limit for the licence;\n- (d) the nominal entitlement for the licence;\n- (e) the flow conditions, if any, for the licence.","sortOrder":57},{"sectionNumber":"sec.62","sectionType":"section","heading":"Purpose to be stated on water licence","content":"### sec.62 Purpose to be stated on water licence\n\nThe purpose to be stated on a water licence to take unsupplemented water, replacing an existing water licence, must be—\nif the purpose stated on the existing water licence is stock or domestic—‘stock and domestic’; or\nif the purpose stated on the existing water licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\notherwise—‘any’.\ns&#160;62 amd 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20\n- (a) if the purpose stated on the existing water licence is stock or domestic—‘stock and domestic’; or\n- (b) if the purpose stated on the existing water licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or\n- (c) otherwise—‘any’.","sortOrder":58},{"sectionNumber":"sec.63","sectionType":"section","heading":"Maximum rates","content":"### sec.63 Maximum rates\n\nThe maximum rate at which unsupplemented water may be taken under a water licence is the maximum rate mentioned in section&#160;55 or decided by the chief executive under that section as if the water licence were a water allocation.\ns&#160;63 sub 2014 SL&#160;No.&#160;142 s&#160;244","sortOrder":59},{"sectionNumber":"sec.64","sectionType":"section","heading":"Daily volumetric limits","content":"### sec.64 Daily volumetric limits\n\nThe daily volumetric limit to take unsupplemented water for a water licence is the daily volumetric limit mentioned in section&#160;56 or decided by the chief executive under that section as if the water licence were a water allocation.\ns&#160;64 sub 2014 SL&#160;No.&#160;142 s&#160;244","sortOrder":60},{"sectionNumber":"sec.65","sectionType":"section","heading":"Nominal entitlements","content":"### sec.65 Nominal entitlements\n\nThe nominal entitlement for a water licence to take unsupplemented water is—\nfor a water licence that states a volume of water that may be taken—the stated volume; and\nfor a water licence that states 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 5; and\nfor another water licence—the volume decided by the chief executive having regard to—\nthe conditions under which water may be taken under the licence; and\nthe water taking capacity of any works for taking water under the licence; and\nthe volume required for the licence’s intended purpose; and\nthe annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the plan notification day; and\nthe efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (a) for a water licence that states a volume of water that may be taken—the stated volume; and\n- (b) for a water licence that states 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 5; and\n- (c) for another water licence—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the licence; and (ii) the water taking capacity of any works for taking water under the licence; and (iii) the volume required for the licence’s intended purpose; and (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 plan notification day; and (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the licence; and\n- (ii) the water taking capacity of any works for taking water under the licence; and\n- (iii) the volume required for the licence’s intended purpose; and\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 plan notification day; and\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .\n- (i) the conditions under which water may be taken under the licence; and\n- (ii) the water taking capacity of any works for taking water under the licence; and\n- (iii) the volume required for the licence’s intended purpose; and\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 plan notification day; and\n- (v) the efficiency of the use of the water mentioned in subparagraph&#160;(iv) .","sortOrder":61},{"sectionNumber":"sec.66","sectionType":"section","heading":"Conditions for taking","content":"### sec.66 Conditions for taking\n\nThe chief executive may impose on a water licence to take unsupplemented water any condition relating to flow conditions the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.","sortOrder":62},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Regulating overland flow water","content":"## Regulating overland flow water","sortOrder":63},{"sectionNumber":"sec.67","sectionType":"section","heading":"Limitation on taking overland flow water— Act , s&#160;20 (2)","content":"### sec.67 Limitation on taking overland flow water— Act , s&#160;20 (2)\n\nThis section alters the overland flow water that may be taken under section&#160;20 (2) of the Act .\nA person may only take overland flow water—\nfor stock or domestic purposes; or\nusing works that have a capacity of not more than 20ML; or\nunder a water licence to take overland flow water; or\nof not more than the amount necessary to satisfy the requirements of—\nan environmental authority issued under the Environmental Protection Act 1994 ; or\na development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\nthat is contaminated agricultural runoff water; or\nunder section&#160;68 .\nIn this section—\ncontaminated agricultural runoff water has the meaning given by the ‘Code for assessable development for operational works for taking overland flow water’.\nA copy of the code is available on the department’s website.\ns&#160;67 amd 2013 Act No.&#160;23 s&#160;352 sch&#160;1 pt&#160;2\n(sec.67-ssec.1) This section alters the overland flow water that may be taken under section&#160;20 (2) of the Act .\n(sec.67-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or using works that have a capacity of not more than 20ML; or under a water licence to take overland flow water; or of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or under section&#160;68 .\n(sec.67-ssec.3) In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for assessable development for operational works for taking overland flow water’. A copy of the code is available on the department’s website.\n- (a) for stock or domestic purposes; or\n- (b) using works that have a capacity of not more than 20ML; or\n- (c) under a water licence to take overland flow water; or\n- (d) of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or\n- (e) that is contaminated agricultural runoff water; or\n- (f) under section&#160;68 .\n- (i) an environmental authority issued under the Environmental Protection Act 1994 ; or\n- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or","sortOrder":64},{"sectionNumber":"sec.68","sectionType":"section","heading":"Taking water using particular existing overland flow works authorised","content":"### sec.68 Taking water using particular existing overland flow works authorised\n\nThis section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section&#160;67 (2) (a) to (e) .\nThe owner may continue to use the existing overland flow works to take overland flow water for 1 year after the plan notification day.\nAlso, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.\nHowever, the authorisation under subsection&#160;(3) ceases to apply if the owner is granted a water licence relating to the works.\n(sec.68-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section&#160;67 (2) (a) to (e) .\n(sec.68-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the plan notification day.\n(sec.68-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.\n(sec.68-ssec.4) However, the authorisation under subsection&#160;(3) ceases to apply if the owner is granted a water licence relating to the works.","sortOrder":65},{"sectionNumber":"sec.69","sectionType":"section","heading":"Granting water licences for using particular existing overland flow works","content":"### sec.69 Granting water licences for using particular existing overland flow works\n\nThis section applies if the resource operations plan states, under section&#160;212 of the Act , a process for the allocation of water under a water licence to replace the authorisation under section&#160;68 .\nUnder the process the chief executive—\nmust consider—\nthe average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section&#160;68 applies; and\nthe annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and\nmay consider the extent to which the works, immediately before the plan notification day, allowed—\nthe taking of water, other than overland flow water, under another authorisation; or\nthe storage of water, other than overland flow water, under another authorisation.\nSubsection&#160;(2) does not limit the matters the chief executive may consider.\nThe chief executive may require the owner of the land to which section&#160;68 applies to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.\nIn this section—\nregistered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .\n(sec.69-ssec.1) This section applies if the resource operations plan states, under section&#160;212 of the Act , a process for the allocation of water under a water licence to replace the authorisation under section&#160;68 .\n(sec.69-ssec.2) Under the process the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section&#160;68 applies; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and may consider the extent to which the works, immediately before the plan notification day, allowed— the taking of water, other than overland flow water, under another authorisation; or the storage of water, other than overland flow water, under another authorisation.\n(sec.69-ssec.3) Subsection&#160;(2) does not limit the matters the chief executive may consider.\n(sec.69-ssec.4) The chief executive may require the owner of the land to which section&#160;68 applies to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.\n(sec.69-ssec.5) In this section— registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .\n- (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section&#160;68 applies; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section&#160;68 applies; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and\n- (b) may consider the extent to which the works, immediately before the plan notification day, allowed— (i) the taking of water, other than overland flow water, under another authorisation; or (ii) the storage of water, other than overland flow water, under another authorisation.\n- (i) the taking of water, other than overland flow water, under another authorisation; or\n- (ii) the storage of water, other than overland flow water, under another authorisation.\n- (i) the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section&#160;68 applies; and\n- (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and\n- (i) the taking of water, other than overland flow water, under another authorisation; or\n- (ii) the storage of water, other than overland flow water, under another authorisation.","sortOrder":66},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns&#160;70 om 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":67},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Additional strategies for groundwater only","content":"# Additional strategies for groundwater only","sortOrder":68},{"sectionNumber":"sec.71","sectionType":"section","heading":"Application of pt&#160;3","content":"### sec.71 Application of pt&#160;3\n\nThe strategies stated in this part apply to groundwater in addition to the strategies stated in part&#160;1 .","sortOrder":69},{"sectionNumber":"sec.72","sectionType":"section","heading":"Limitation on taking groundwater— Act , s&#160;20 (2)","content":"### sec.72 Limitation on taking groundwater— Act , s&#160;20 (2)\n\nThis section alters the groundwater that may be taken under section&#160;20 (2) of the Act .\nA person may only take groundwater in the plan area—\nunder a water permit; or\nunder a water licence; or\nunder section&#160;73 ; or\nfor stock or domestic purposes.\ns&#160;72 amd 2013 Act No.&#160;23 s&#160;352 sch&#160;1 pt&#160;2\n(sec.72-ssec.1) This section alters the groundwater that may be taken under section&#160;20 (2) of the Act .\n(sec.72-ssec.2) A person may only take groundwater in the plan area— under a water permit; or under a water licence; or under section&#160;73 ; or for stock or domestic purposes.\n- (a) under a water permit; or\n- (b) under a water licence; or\n- (c) under section&#160;73 ; or\n- (d) for stock or domestic purposes.","sortOrder":70},{"sectionNumber":"sec.73","sectionType":"section","heading":"Taking groundwater using existing works","content":"### sec.73 Taking groundwater using existing works\n\nThis section applies to an owner of land in the undeclared area on which there are works ( existing works ) that the chief executive is satisfied were used, or capable of being used, to take groundwater for any purpose other than stock or domestic purposes immediately before the plan notification day.\nThe owner may continue to take groundwater in the undeclared area using the existing works for 1 year after the plan notification day.\nIf the owner gives the chief executive notice in the approved form of the existing works within 1 year after the plan notification day, the owner may continue to take groundwater in the undeclared area using the works.\nHowever, an authorisation under this section ceases to apply to an owner in relation to existing works if the owner is granted a water licence relating to the works.\nIn this section—\nundeclared area means all parts of the plan area other than the area that, immediately before the plan notification day, was declared under section&#160;1046 of the Act as the Proserpine subartesian area.\n(sec.73-ssec.1) This section applies to an owner of land in the undeclared area on which there are works ( existing works ) that the chief executive is satisfied were used, or capable of being used, to take groundwater for any purpose other than stock or domestic purposes immediately before the plan notification day.\n(sec.73-ssec.2) The owner may continue to take groundwater in the undeclared area using the existing works for 1 year after the plan notification day.\n(sec.73-ssec.3) If the owner gives the chief executive notice in the approved form of the existing works within 1 year after the plan notification day, the owner may continue to take groundwater in the undeclared area using the works.\n(sec.73-ssec.4) However, an authorisation under this section ceases to apply to an owner in relation to existing works if the owner is granted a water licence relating to the works.\n(sec.73-ssec.5) In this section— undeclared area means all parts of the plan area other than the area that, immediately before the plan notification day, was declared under section&#160;1046 of the Act as the Proserpine subartesian area.","sortOrder":71},{"sectionNumber":"sec.74","sectionType":"section","heading":"Granting water licences for using particular existing works","content":"### sec.74 Granting water licences for using particular existing works\n\nThe chief executive may, under section&#160;212 of the Act , grant a water licence to a person authorised under section&#160;73 (2) to continue taking groundwater.\nThe licence must be consistent with this part.\n(sec.74-ssec.1) The chief executive may, under section&#160;212 of the Act , grant a water licence to a person authorised under section&#160;73 (2) to continue taking groundwater.\n(sec.74-ssec.2) The licence must be consistent with this part.","sortOrder":72},{"sectionNumber":"sec.75","sectionType":"section","heading":"Elements of water licences to take groundwater","content":"### sec.75 Elements of water licences to take groundwater\n\nA water licence to take groundwater must state—\na nominal entitlement that may be taken under the licence; and\nthe purpose for which groundwater may be taken under the licence; and\na monthly volumetric limit or quarterly volumetric limit, if any, that may be taken under the licence; and\nthe conditions, if any, under which the groundwater may be taken.\n- (a) a nominal entitlement that may be taken under the licence; and\n- (b) the purpose for which groundwater may be taken under the licence; and\n- (c) a monthly volumetric limit or quarterly volumetric limit, if any, that may be taken under the licence; and\n- (d) the conditions, if any, under which the groundwater may be taken.","sortOrder":73},{"sectionNumber":"sec.76","sectionType":"section","heading":"Nominal entitlements for authorisations","content":"### sec.76 Nominal entitlements for authorisations\n\nThis section applies if the chief executive decides the nominal entitlement for an authorisation for continuing to take groundwater using existing works for a purpose other than stock or domestic purposes.\nThe nominal entitlement must be the estimated volume to take groundwater for the entitlement.\nHowever, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement that is more than the estimated volume.\nIn considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must consider each of the following—\nthe capacity of the existing works to take groundwater as at the plan notification day;\nthe number of hours the existing works were operated during the relevant period;\nfor existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;\nfor existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;\nthe efficiency of the use of the groundwater mentioned in paragraph&#160;(c) or (d) ;\nthe availability of groundwater in the aquifer to which the works relate;\nthe availability of other water sources in the area to which the water entitlement relates;\nthe density of water bores for taking groundwater in the area to which the water entitlement relates.\nSubsection&#160;(4) does not limit the matters the chief executive may consider.\nIn this section—\ncapacity , of existing works, means—\nif the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or\nif the works have an equipped rate only—the equipped rate for the works; or\nif the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate and the equipped rate; or\nthe volume of groundwater available in the parts of an aquifer that are under the land to which the works relate, that must not be more than 1ML/ha of the parts of the aquifer.\ndesign pumping rate , for a water bore, means the pumping rate—\nat which the bore can be pumped without causing the bore’s pump to break suction; and\nestimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.\nequipped rate , for existing works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used.\nestimated volume , to take groundwater for a water entitlement, means the least of the following—\nthe volume worked out by multiplying the capacity of the existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to—\nthe efficiency of the use of groundwater using the works during the relevant period; and\nthe availability of other water sources in the area to which the water entitlement relates;\nthe volume of groundwater taken using existing works for irrigation purposes during the relevant period, that must not be more than 5ML of water for each hectare irrigated;\nthe volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period, that must not be more than 10ML;\nthe volume of groundwater available in an aquifer under the land to which the works relate, that must not be more than 1ML/ha of the aquifer.\nexisting works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on the plan notification day.\nrelevant period means each 1 year period during the period of not more than 10 years immediately before the plan notification day.\n(sec.76-ssec.1) This section applies if the chief executive decides the nominal entitlement for an authorisation for continuing to take groundwater using existing works for a purpose other than stock or domestic purposes.\n(sec.76-ssec.2) The nominal entitlement must be the estimated volume to take groundwater for the entitlement.\n(sec.76-ssec.3) However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement that is more than the estimated volume.\n(sec.76-ssec.4) In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must consider each of the following— the capacity of the existing works to take groundwater as at the plan notification day; the number of hours the existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph&#160;(c) or (d) ; the availability of groundwater in the aquifer to which the works relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates.\n(sec.76-ssec.5) Subsection&#160;(4) does not limit the matters the chief executive may consider.\n(sec.76-ssec.6) In this section— capacity , of existing works, means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate and the equipped rate; or the volume of groundwater available in the parts of an aquifer that are under the land to which the works relate, that must not be more than 1ML/ha of the parts of the aquifer. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for existing works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of the existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period, that must not be more than 5ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period, that must not be more than 10ML; the volume of groundwater available in an aquifer under the land to which the works relate, that must not be more than 1ML/ha of the aquifer. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on the plan notification day. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan notification day.\n- (a) the capacity of the existing works to take groundwater as at the plan notification day;\n- (b) the number of hours the existing works were operated during the relevant period;\n- (c) for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;\n- (d) for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;\n- (e) the efficiency of the use of the groundwater mentioned in paragraph&#160;(c) or (d) ;\n- (f) the availability of groundwater in the aquifer to which the works relate;\n- (g) the availability of other water sources in the area to which the water entitlement relates;\n- (h) the density of water bores for taking groundwater in the area to which the water entitlement relates.\n- (a) if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or\n- (b) if the works have an equipped rate only—the equipped rate for the works; or\n- (c) if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate and the equipped rate; or\n- (d) the volume of groundwater available in the parts of an aquifer that are under the land to which the works relate, that must not be more than 1ML/ha of the parts of the aquifer.\n- (a) at which the bore can be pumped without causing the bore’s pump to break suction; and\n- (b) estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.\n- (a) the volume worked out by multiplying the capacity of the existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— (i) the efficiency of the use of groundwater using the works during the relevant period; and (ii) the availability of other water sources in the area to which the water entitlement relates;\n- (i) the efficiency of the use of groundwater using the works during the relevant period; and\n- (ii) the availability of other water sources in the area to which the water entitlement relates;\n- (b) the volume of groundwater taken using existing works for irrigation purposes during the relevant period, that must not be more than 5ML of water for each hectare irrigated;\n- (c) the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period, that must not be more than 10ML;\n- (d) the volume of groundwater available in an aquifer under the land to which the works relate, that must not be more than 1ML/ha of the aquifer.\n- (i) the efficiency of the use of groundwater using the works during the relevant period; and\n- (ii) the availability of other water sources in the area to which the water entitlement relates;","sortOrder":74},{"sectionNumber":"sec.77","sectionType":"section","heading":"Purpose to be stated on water licence to take groundwater","content":"### sec.77 Purpose to be stated on water licence to take groundwater\n\nThe purpose to be stated on a water licence to take groundwater in the plan area must be—\nif the intended use of the water is for, or the licence is an existing water licence and the purpose stated on the licence is irrigation, stock intensive, agriculture, agricultural dewatering or a similar purpose—‘rural’; or\notherwise—‘any’.\nIn this section—\nagricultural dewatering means taking groundwater to alleviate or prevent the waterlogging of agricultural soils.\n(sec.77-ssec.1) The purpose to be stated on a water licence to take groundwater in the plan area must be— if the intended use of the water is for, or the licence is an existing water licence and the purpose stated on the licence is irrigation, stock intensive, agriculture, agricultural dewatering or a similar purpose—‘rural’; or otherwise—‘any’.\n(sec.77-ssec.2) In this section— agricultural dewatering means taking groundwater to alleviate or prevent the waterlogging of agricultural soils.\n- (a) if the intended use of the water is for, or the licence is an existing water licence and the purpose stated on the licence is irrigation, stock intensive, agriculture, agricultural dewatering or a similar purpose—‘rural’; or\n- (b) otherwise—‘any’.","sortOrder":75},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns&#160;78 amd 2014 Act No.&#160;29 s&#160;164\nom 2016 SL&#160;No.&#160;216 s&#160;146 sch&#160;20","sortOrder":76},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Location","content":"# Location","sortOrder":77},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Description","content":"# Description","sortOrder":78},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Low flow objectives","content":"# Low flow objectives","sortOrder":79},{"sectionNumber":"sch.4-sec","sectionType":"section","heading":"Table 1","content":"### sch.4-sec Table 1\n\nAt each node mentioned in table 1, column 1—\nthe percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and\nthe percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and\nthe percentage of the total number of days in the simulation period that the 90% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 4; and\nthe percentage of the total number of days in the simulation period that the daily flow volume is zero be not more than the percentage stated, for the node, in table 1, column 5.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nNode\n%\n%\n%\n%\n1\n45\n77\n86\n4\n2\n41\n74\n82\n13\n3\n38\n65\n71\n21\n4\n36\n56\n64\n22\n5\n38\n59\n66\n20\n6\n34\n66\n72\n17\nAt each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2.\nColumn 1\nColumn 2\nWater flow season\nNode\nDecember - March\nApril - July\nAugust - November\n4\n63\n62\n42\n5\n61\n65\n44\n6\n67\n70\n59\nAt each node mentioned in table 3, column 1—\nthe number of periods of no flow of at least 30 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 2; and\nthe number of periods of no flow of at least 90 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 3.\nColumn 1\nColumn 2\nColumn 3\nNode\nNo. of periods of no flow of at least 30 consecutive days\nNo. of periods of no flow of at least 90 consecutive days\n1\n2\n0\n2\n5\n0\n3\n40\n10\n4\n86\n14\n5\n37\n6\n6\n52\n12\n(sch.4-sec-ssec.1) At each node mentioned in table 1, column 1— the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and the percentage of the total number of days in the simulation period that the 90% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 4; and the percentage of the total number of days in the simulation period that the daily flow volume is zero be not more than the percentage stated, for the node, in table 1, column 5. Column 1 Column 2 Column 3 Column 4 Column 5 Node % % % % 1 45 77 86 4 2 41 74 82 13 3 38 65 71 21 4 36 56 64 22 5 38 59 66 20 6 34 66 72 17\n(sch.4-sec-ssec.2) At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2. Column 1 Column 2 Water flow season Node December - March April - July August - November 4 63 62 42 5 61 65 44 6 67 70 59\n(sch.4-sec-ssec.3) At each node mentioned in table 3, column 1— the number of periods of no flow of at least 30 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 2; and the number of periods of no flow of at least 90 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 3. Column 1 Column 2 Column 3 Node No. of periods of no flow of at least 30 consecutive days No. of periods of no flow of at least 90 consecutive days 1 2 0 2 5 0 3 40 10 4 86 14 5 37 6 6 52 12\n- (a) the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and\n- (b) the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and\n- (c) the percentage of the total number of days in the simulation period that the 90% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 4; and\n- (d) the percentage of the total number of days in the simulation period that the daily flow volume is zero be not more than the percentage stated, for the node, in table 1, column 5.\n- (a) the number of periods of no flow of at least 30 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 2; and\n- (b) the number of periods of no flow of at least 90 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 3.","sortOrder":80},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"Medium to high flow objectives","content":"# Medium to high flow objectives","sortOrder":81},{"sectionNumber":"sch.4-sec-oc.2","sectionType":"section","heading":"Table 4","content":"### sch.4-sec-oc.2 Table 4\n\nAt each node mentioned in table 4, column 1—\nthe mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and\nthe median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and\nthe 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and\nthe 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and\nthe 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nColumn 6\nNode\nMean annual flow\nMedian annual flow\n1.5 year daily flow volume\n5 year daily flow volume\n20 year daily flow volume\n1\n83\n84\n97\n86\n87\n2\n74\n71\n89\n90\n89\n3\n97\n99\n99\n99\n99\n4\n91\n81\n83\n98\n98\n5\n85\n82\n69\n94\n95\n6\n83\n68\n65\n97\n96\nAt each node mentioned in table 5, column 1, the annual proportional flow deviation in the simulation period be not more than the annual proportional flow deviation stated for the node in table 5, column 2.\nColumn 1\nColumn 2\nNode\nAnnual proportional flow deviation\n1\n1.2\n2\n2.1\n3\n0.7\n4\n1.2\n5\n1.1\n6\n1.5\n(sch.4-sec-oc.2-ssec.4) At each node mentioned in table 4, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Node Mean annual flow Median annual flow 1.5 year daily flow volume 5 year daily flow volume 20 year daily flow volume 1 83 84 97 86 87 2 74 71 89 90 89 3 97 99 99 99 99 4 91 81 83 98 98 5 85 82 69 94 95 6 83 68 65 97 96\n(sch.4-sec-oc.2-ssec.5) At each node mentioned in table 5, column 1, the annual proportional flow deviation in the simulation period be not more than the annual proportional flow deviation stated for the node in table 5, column 2. Column 1 Column 2 Node Annual proportional flow deviation 1 1.2 2 2.1 3 0.7 4 1.2 5 1.1 6 1.5\n- (a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and\n- (b) the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and\n- (c) the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and\n- (d) the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and\n- (e) the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.","sortOrder":82},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Supplemented water","content":"# Supplemented water","sortOrder":83},{"sectionNumber":"sch.5-sec.1","sectionType":"section","heading":"Priority group A","content":"### sch.5-sec.1 Priority group A\n\nFor water allocations in priority group A—\nthat the annual supplemented water sharing index be at least 97% and the extent to which it is less than 100% be minimised; and\nthat the monthly supplemented water sharing index be at least 99% and the extent to which it is less than 100% be minimised.\n- (a) that the annual supplemented water sharing index be at least 97% and the extent to which it is less than 100% be minimised; and\n- (b) that the monthly supplemented water sharing index be at least 99% and the extent to which it is less than 100% be minimised.","sortOrder":84},{"sectionNumber":"sch.5-sec.2","sectionType":"section","heading":"Priority group A1","content":"### sch.5-sec.2 Priority group A1\n\nFor water allocations in priority group A1—\nthat the annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and\nthat the monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.\n- (a) that the annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and\n- (b) that the monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.","sortOrder":85},{"sectionNumber":"sch.5-sec.3","sectionType":"section","heading":"Priority group A2","content":"### sch.5-sec.3 Priority group A2\n\nFor water allocations in priority group A2—\nthat the 90% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and\nthat the 90% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.\n- (a) that the 90% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and\n- (b) that the 90% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.","sortOrder":86},{"sectionNumber":"sch.5-sec.4","sectionType":"section","heading":"Priority group A3","content":"### sch.5-sec.4 Priority group A3\n\nFor water allocations in priority group A3—\nthat the 75% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and\nthat the 75% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.\n- (a) that the 75% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and\n- (b) that the 75% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.","sortOrder":87},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"Unsupplemented water","content":"# Unsupplemented water","sortOrder":88},{"sectionNumber":"sch.5-sec.5","sectionType":"section","heading":"Water allocations to take unsupplemented water","content":"### sch.5-sec.5 Water allocations to take unsupplemented water\n\nFor water allocations in each water allocation group mentioned in the table, column 1—\nthat the 30% unsupplemented water sharing index be at least the percentage stated in column 2 for the water allocation group; and\nthat the 50% unsupplemented water sharing index be at least the percentage stated in column 3 for the water allocation group; and\nthat the 70% unsupplemented water sharing index be at least the percentage stated in column 4 for the water allocation group; and\nthat the annual volume probability be at least the percentage stated in column 5 for the water allocation group.\nColumn 1\nColumn 2\nColumn 3\nColumn 4\nColumn 5\nWater allocation group\n30%\nunsupplemented\nwater sharing index\n50%\nunsupplemented\nwater sharing index\n70%\nunsupplemented\nwater sharing index\nAnnual volume probability\n1\n121\n99\n78\n48\n2\n124\n95\n55\n44\n- (a) that the 30% unsupplemented water sharing index be at least the percentage stated in column 2 for the water allocation group; and\n- (b) that the 50% unsupplemented water sharing index be at least the percentage stated in column 3 for the water allocation group; and\n- (c) that the 70% unsupplemented water sharing index be at least the percentage stated in column 4 for the water allocation group; and\n- (d) that the annual volume probability be at least the percentage stated in column 5 for the water allocation group.","sortOrder":89},{"sectionNumber":"sch.6-pt.1","sectionType":"part","heading":"General unallocated water","content":"# General unallocated water","sortOrder":90},{"sectionNumber":"sch.6-pt.2","sectionType":"part","heading":"Strategic unallocated water","content":"# Strategic unallocated water","sortOrder":91}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The plan appears to operate broadly as intended for a regional water resource plan — balancing environmental protection with water user security across surface water and groundwater in the Whitsunday area. Some sections were later omitted by 2014 and 2016 subordinate legislation, which streamlined or relocated certain provisions, but the core scope of environmental flow management, water allocation conversion, and groundwater regulation remains consistent with the plan's original design."},"complexity_factors":["Multiple interacting water categories (supplemented, unsupplemented, overland flow, groundwater) each with distinct legal frameworks and rules","Highly technical environmental flow objectives expressed as statistical percentages across multiple nodes, seasons, and flow scenarios","Complex tiered priority groups for supplemented water with different reliability indices (annual and monthly) at different thresholds","Intricate formulas for calculating nominal entitlements, daily volumetric limits, and maximum pump rates — including fallback calculations based on pump size schedules","Cross-referencing between sections, schedules, and external documents (e.g., the IQQM computer model, the 'Code for assessable development for operational works for taking overland flow water')","Transitional provisions for existing users with time-limited authorisations and notice requirements adding procedural complexity","Extensive defined terms with technical hydrological and engineering meaning (e.g., design pumping rate, equipped rate, estimated volume, annual proportional flow deviation)","Interaction with multiple other legislative instruments including the Water Act, Environmental Protection Act 1994, and Professional Engineers Act 2002","Several sections omitted by subsequent subordinate legislation (2014 SL No. 142, 2016 SL No. 216), creating gaps that require cross-referencing current law","Numerical tables with node-specific targets requiring scientific expertise to interpret and apply"],"plain_english_summary":"The Water Resource (Whitsunday) Plan 2010 controls allocation and use of surface and groundwater across the Whitsunday region, converting existing uses into formal allocations or licences, setting legally binding environmental flow objectives to protect ecosystems, and reserving water for state projects. It affects farmers, water boards, dam owners, businesses, government agencies and local communities by defining when, how much and under what conditions water can be taken — balancing consumptive use with cultural values and ecological health."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The plan alters baseline permissions by restricting some overland-flow and groundwater taking to licences/permits or specified exceptions (secs 67, 72) and establishing held unallocated water categories (general and strategic) with stated purposes and volumes (secs 27–31). It creates detailed conversion and transitional arrangements for existing works and authorisations (secs 68–76) and time-limited grants for strategic projects (sec.30), thereby changing who may take water, for what purposes and for how long."},"complexity_factors":["Multiple numeric performance indicators and node-specific targets in schedules (sch.4 Tables 1–5) increase technical detail and modelling needs.","Different rule-sets for supplemented vs unsupplemented water and priority groups create layered allocation regimes (secs 16, 18, 19; sch.5).","Significant administrative discretion for the chief executive to decide rules, approve alternative assessment methods, and set entitlements (secs 22, 23, 33, 36, 66, 69, 74, 76).","Conversion and transitional provisions for existing authorisations and works require historical data, engineering certification and judgement (secs 50–55, 61–65, 68–69, 73–76).","Technical calculations for maximum rates, daily and annual volumetric limits, and nominal entitlements reference schedules and operational data (secs 55–57, 65; sch.7).","Reliance on a simulation model (IQQM) as the default assessment method imposes data, calibration and modelling capacity requirements (sec.36).","Limits and special categories for overland flow and groundwater change permissible taking pathways and require cross‑regulatory checks (secs 67–68, 72–74).","Interplay with the resource operations plan, distribution operations licences and other instruments (secs 33, 38, 69; Environmental Protection Act 1994 referenced) adds coordination complexity."],"plain_english_summary":"The Water Resource (Whitsunday) Plan 2010 sets how surface water and groundwater in the plan area are allocated and managed: it prescribes measurable environmental flow and allocation-security objectives (schedules 4–5), performance indicators, simulation-based assessment (IQQM) and detailed rules for converting existing authorisations into water allocations or licences. It affects licence-holders, landowners and infrastructure operators by defining who may take water, technical limits (rates, daily/annual volumes), transitional rights and the chief executive's administrative discretions that determine implementation."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a water resource plan under the Water Act 2000 (Qld). It establishes the standard framework for water planning in Queensland: setting environmental flows, converting existing entitlements to water allocations, managing unallocated water reserves, and providing for both supplemented (dam/stored) and unsupplemented (direct river) water. The scope remains focused on water allocation and management in the Whitsunday plan area without significant mission creep."},"complexity_factors":["Extensive cross-referencing to schedules (Schedules 4, 5, 6, 7) and external documents like the 'Code for assessable development for operational works for taking overland flow water'","Multiple nested conditional structures in sections 55, 56, 57, 65, and 76 with cascading 'if/then' logic for calculating volumetric limits and entitlements","Technical hydrological terminology throughout (e.g., '50% non-zero daily flow', '1.5 year daily flow volume', 'annual proportional flow deviation', 'IQQM computer program')","Dual numbering systems and repeated text (sections show both consolidated text and subsection breakdowns with bullet points, creating redundancy)","Multiple amendment references (2013 Act No. 23, 2014 SL No. 142, 2016 SL No. 216) indicating evolving regulatory framework","Complex definitions within operative provisions (e.g., section 76 defines 'capacity', 'design pumping rate', 'equipped rate', 'estimated volume' within the section itself rather than in a dedicated definitions section)","Interaction between primary legislation (Water Act) and subordinate instruments (resource operations plans, distribution operations licences)","Temporal references to 'plan notification day' and 'simulation period' creating time-bound conditional logic"],"plain_english_summary":"This legislation is the **Water Resource (Whitsunday) Plan 2010**, a Queensland regulation that manages how water is taken and used in the Whitsunday region.\n\n**What it does:**\nThe Plan sets the rules for sharing water between the environment, farmers, industry, and towns in the Whitsunday area. It covers surface water (rivers, creeks) and groundwater (underground water), but excludes overland flow water (rainwater running across land) in most cases.\n\n**Key features:**\n\n- **Environmental protection:** The Plan sets 'environmental flow objectives'—minimum water levels that must remain in rivers to protect fish habitats, river connectivity, and natural flow patterns. These are measured at specific monitoring points ('nodes') using technical indicators like '50% non-zero daily flow' (the flow level exceeded half the time water is running).\n\n- **Water security for users:** It establishes 'water allocation security objectives' that guarantee different levels of reliability for water users depending on their priority group. High priority users (like towns) get 97-100% reliability, while lower priority irrigation users might get 65-75% reliability.\n\n- **Conversion of old licences:** Old water licences are being converted to new 'water allocations' with specific limits on daily and annual volumes, maximum pumping rates, and flow conditions.\n\n- **Unallocated water:** Any water not already allocated is held as 'general reserve' (available for any purpose) or 'strategic reserve' (reserved for State or regional projects). Strategic water reverts to the State when projects finish.\n\n- **Protection of waterholes:** Special rules protect culturally and ecologically significant waterholes, requiring conditions to maintain their values unless this would cause economic hardship.\n\n- **Overland flow and groundwater:** Strict limits apply to taking overland flow water (mostly limited to stock/domestic use or small works under 20ML capacity). Groundwater taking requires permits or licences, with special provisions for existing bore owners to continue using their works.\n\n**Who it affects:**\nFarmers, irrigators, water supply boards (like Kelsey Creek and Six Mile Creek), mining operations, local councils, and anyone taking water from rivers or bores in the Whitsunday region. It also affects environmental managers responsible for river health.\n\n**Why it matters:**\nThe Plan tries to balance economic development (agriculture, industry) with environmental sustainability. It prevents over-extraction that could dry up rivers or damage ecosystems, while giving water users clearer, more secure rights. It also recognises Aboriginal and Torres Strait Islander cultural values in water management decisions."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/water-resource-whitsunday-plan-2010","history":"/api/acts/water-resource-whitsunday-plan-2010/history","analysis":"/api/acts/water-resource-whitsunday-plan-2010/analysis","conflicts":"/api/acts/water-resource-whitsunday-plan-2010/conflicts","importantCases":"/api/acts/water-resource-whitsunday-plan-2010/important-cases","documents":"/api/acts/water-resource-whitsunday-plan-2010/documents"}}