Preliminary

sec.1 Short title

This plan may be cited as the Water Plan (Border Rivers and Moonie) 2019 .

sec.2 Purposes of plan

The purposes of this plan are to— define the availability of water to which this plan applies; and provide a framework for sustainably managing water to which this plan applies; and identify priorities and mechanisms for dealing with the future water requirements in the plan area; and provide a framework for managing water allocations; and provide a framework for reversing, where practicable, the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.

• (a) define the availability of water to which this plan applies; and
• (b) provide a framework for sustainably managing water to which this plan applies; and
• (c) identify priorities and mechanisms for dealing with the future water requirements in the plan area; and
• (d) provide a framework for managing water allocations; and
• (e) provide a framework for reversing, where practicable, the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.

sec.3 Definitions

The dictionary in schedule 15 defines particular words used in this plan.

sec.4 Meaning of surface water

Surface water is— water in a watercourse or lake; or water in a spring not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or overland flow water, other than water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.

• (a) water in a watercourse or lake; or
• (b) water in a spring not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; or
• (c) overland flow water, other than water in a spring connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.

sec.5 References to latitudes and longitudes

The latitudes and longitudes used to describe a location mentioned in this plan are worked out using GDA94. In this section— GDA94 means the Geocentric Datum of Australia, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. (sec.5-ssec.1) The latitudes and longitudes used to describe a location mentioned in this plan are worked out using GDA94. (sec.5-ssec.2) In this section— GDA94 means the Geocentric Datum of Australia, commonly called ‘GDA 94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369.

Plan area, water to which plan applies and other matters

sec.6 Water to which plan applies— Act , s 43

For section 43 (1) (a) of the Act , this plan applies to the following water in the plan area— surface water; underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 does not apply.

• (a) surface water;
• (b) underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 does not apply.

sec.7 Underground water declared to be overland flow water— Act , s 1006A

For section 1006A (1) of the Act , underground water to which this plan applies is declared to be overland flow water if the underground water is— from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; and The Border Rivers Fractured Rock is an underground water unit. not more than 6m below the surface. Subsection (1) does not apply to underground water the chief executive is satisfied is not hydraulically connected to overland flow water. (sec.7-ssec.1) For section 1006A (1) of the Act , underground water to which this plan applies is declared to be overland flow water if the underground water is— from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; and The Border Rivers Fractured Rock is an underground water unit. not more than 6m below the surface. (sec.7-ssec.2) Subsection (1) does not apply to underground water the chief executive is satisfied is not hydraulically connected to overland flow water.

• (a) from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; and Note— The Border Rivers Fractured Rock is an underground water unit.
• (b) not more than 6m below the surface.

sec.8 Plan area

This plan applies to the area shown as the plan area on the map in schedule 1 , part 1 . The plan area is divided into catchments. A reference in this plan to a catchment by name is a reference to the catchment given that name on the map in schedule 1 , part 1 . (sec.8-ssec.1) This plan applies to the area shown as the plan area on the map in schedule 1 , part 1 . (sec.8-ssec.2) The plan area is divided into catchments. (sec.8-ssec.3) A reference in this plan to a catchment by name is a reference to the catchment given that name on the map in schedule 1 , part 1 .

sec.9 Water supply schemes and water supply scheme zones

Each part of the plan area shown as a water supply scheme on the map in schedule 2 , part 1 is a water supply scheme for this plan. Each part of the plan area shown as a water supply scheme zone on the map in schedule 2 , part 1 , and named and described in schedule 2 , part 2 , columns 2 and 3, is a water supply scheme zone. (sec.9-ssec.1) Each part of the plan area shown as a water supply scheme on the map in schedule 2 , part 1 is a water supply scheme for this plan. (sec.9-ssec.2) Each part of the plan area shown as a water supply scheme zone on the map in schedule 2 , part 1 , and named and described in schedule 2 , part 2 , columns 2 and 3, is a water supply scheme zone.

sec.10 Water management areas— Act , sch 4

For schedule 4 of the Act , definition water management area , paragraph (b) , each part of the plan area shown as a water management area on a map in schedule 3 is a water management area. A reference in this plan to a water management area by name is a reference to the water management area given that name on a map in schedule 3 and in column 1 of a table in schedule 3 . For this section— the Border Rivers water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— the Border Rivers water management area Dumaresq zone; and the Border Rivers water management area Macintyre zone; and the Border Rivers water management area Barwon zone; and the Macintyre Brook water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— the Macintyre Brook water management area Macintyre Brook upstream zone; and the Macintyre Brook water management area Macintyre Brook zone. (sec.10-ssec.1) For schedule 4 of the Act , definition water management area , paragraph (b) , each part of the plan area shown as a water management area on a map in schedule 3 is a water management area. (sec.10-ssec.2) A reference in this plan to a water management area by name is a reference to the water management area given that name on a map in schedule 3 and in column 1 of a table in schedule 3 . (sec.10-ssec.3) For this section— the Border Rivers water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— the Border Rivers water management area Dumaresq zone; and the Border Rivers water management area Macintyre zone; and the Border Rivers water management area Barwon zone; and the Macintyre Brook water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— the Macintyre Brook water management area Macintyre Brook upstream zone; and the Macintyre Brook water management area Macintyre Brook zone.

• (a) the Border Rivers water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— (i) the Border Rivers water management area Dumaresq zone; and (ii) the Border Rivers water management area Macintyre zone; and (iii) the Border Rivers water management area Barwon zone; and
• (i) the Border Rivers water management area Dumaresq zone; and
• (ii) the Border Rivers water management area Macintyre zone; and
• (iii) the Border Rivers water management area Barwon zone; and
• (b) the Macintyre Brook water management area is the area labelled on the map in schedule 3 , part 1 , division 1 as— (i) the Macintyre Brook water management area Macintyre Brook upstream zone; and (ii) the Macintyre Brook water management area Macintyre Brook zone.
• (i) the Macintyre Brook water management area Macintyre Brook upstream zone; and
• (ii) the Macintyre Brook water management area Macintyre Brook zone.
• (i) the Border Rivers water management area Dumaresq zone; and
• (ii) the Border Rivers water management area Macintyre zone; and
• (iii) the Border Rivers water management area Barwon zone; and
• (i) the Macintyre Brook water management area Macintyre Brook upstream zone; and
• (ii) the Macintyre Brook water management area Macintyre Brook zone.

sec.11 Water management area zones

A water management area has 1 or more water management area zones. Each part of the plan area shown as a water management area zone on a map in schedule 3 , and named and described in columns 2 and 3 of a table in schedule 3 , is a water management area zone . A reference in this plan to a water management area zone by name is a reference to the water management area zone given that name on a map in schedule 3 and in column 2 of a table in schedule 3 . (sec.11-ssec.1) A water management area has 1 or more water management area zones. (sec.11-ssec.2) Each part of the plan area shown as a water management area zone on a map in schedule 3 , and named and described in columns 2 and 3 of a table in schedule 3 , is a water management area zone . (sec.11-ssec.3) A reference in this plan to a water management area zone by name is a reference to the water management area zone given that name on a map in schedule 3 and in column 2 of a table in schedule 3 .

sec.12 Underground water management area

The part of the plan area shown as the underground water management area on the map in schedule 4 is the underground water management area .

sec.13 Underground water sub-areas

Certain parts of the underground water management area are divided into underground water sub-areas. A part of the underground water management area shown on the map in schedule 5 as an underground water sub-area is an underground water sub-area . A reference in this plan to an underground water sub-area by name is a reference to the underground water sub-area given that name in schedule 5 . (sec.13-ssec.1) Certain parts of the underground water management area are divided into underground water sub-areas. (sec.13-ssec.2) A part of the underground water management area shown on the map in schedule 5 as an underground water sub-area is an underground water sub-area . (sec.13-ssec.3) A reference in this plan to an underground water sub-area by name is a reference to the underground water sub-area given that name in schedule 5 .

sec.14 Underground water units and underground water sub-units

The underground water management area includes the following aquifers (each an underground water unit )— the Border Rivers Fractured Rock; the Border Rivers Alluvium; the St George Alluvium (shallow); the St George Alluvium (deep); the sediments above the Great Artesian Basin; the Queensland Murray-Darling Basin deep. The Border Rivers Alluvium, in the Border Rivers Alluvium underground water sub-area, is made up of the following aquifers (each an underground water sub-unit )— for underground water to which this plan applies above the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (shallow); for underground water to which this plan applies below the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (deep). (sec.14-ssec.1) The underground water management area includes the following aquifers (each an underground water unit )— the Border Rivers Fractured Rock; the Border Rivers Alluvium; the St George Alluvium (shallow); the St George Alluvium (deep); the sediments above the Great Artesian Basin; the Queensland Murray-Darling Basin deep. (sec.14-ssec.2) The Border Rivers Alluvium, in the Border Rivers Alluvium underground water sub-area, is made up of the following aquifers (each an underground water sub-unit )— for underground water to which this plan applies above the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (shallow); for underground water to which this plan applies below the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (deep).

• (a) the Border Rivers Fractured Rock;
• (b) the Border Rivers Alluvium;
• (c) the St George Alluvium (shallow);
• (d) the St George Alluvium (deep);
• (e) the sediments above the Great Artesian Basin;
• (f) the Queensland Murray-Darling Basin deep.
• (a) for underground water to which this plan applies above the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (shallow);
• (b) for underground water to which this plan applies below the aquitard in the Border Rivers Alluvium—the Border Rivers Alluvium (deep).

sec.15 Underground water zones

Certain underground water sub-areas are divided into underground water zones. A part of an underground water sub-area, shown on the map in schedule 6 as an underground water zone, is an underground water zone . (sec.15-ssec.1) Certain underground water sub-areas are divided into underground water zones. (sec.15-ssec.2) A part of an underground water sub-area, shown on the map in schedule 6 as an underground water zone, is an underground water zone .

sec.16 Trading zones— Act , s 43

For section 43 (1) (e) (i) of the Act , the following zones are trading zones for water allocations to which this plan applies— a water supply scheme zone; a water management area zone; an underground water zone.

• (a) a water supply scheme zone;
• (b) a water management area zone;
• (c) an underground water zone.

sec.17 Nodes

A node is a point in the plan area. The modelled location of each node is identified, by a letter, on the map in schedule 1 , part 1 and is described in schedule 1 , part 2 . A node may be referred to in this plan by its letter. The actual location of each node is set by— for nodes A to K—the eWater Source computer program; or for nodes L to N—the MODFLOW computer program. (sec.17-ssec.1) A node is a point in the plan area. (sec.17-ssec.2) The modelled location of each node is identified, by a letter, on the map in schedule 1 , part 1 and is described in schedule 1 , part 2 . (sec.17-ssec.3) A node may be referred to in this plan by its letter. (sec.17-ssec.4) The actual location of each node is set by— for nodes A to K—the eWater Source computer program; or for nodes L to N—the MODFLOW computer program.

• (a) for nodes A to K—the eWater Source computer program; or
• (b) for nodes L to N—the MODFLOW computer program.

sec.18 Information about areas

The exact location of the boundaries of each of the following is held in digital electronic form by the department and may be accessed at each office of the department— the plan area; a water supply scheme; a water supply scheme zone; a water management area; a water management area zone; the underground water management area; an underground water sub-area; an underground water zone. The location of each office of the department is available on the department’s website.

• (a) the plan area;
• (b) a water supply scheme;
• (c) a water supply scheme zone;
• (d) a water management area;
• (e) a water management area zone;
• (f) the underground water management area;
• (g) an underground water sub-area;
• (h) an underground water zone.

Water plan outcomes

sec.19 Purpose of part

This part states, for section 43 (1) (b) of the Act , the water plan outcomes for this plan.

sec.20 General water plan outcome

A water plan outcome for this plan is that water to which this plan applies is to be allocated and managed in a way that— recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and is consistent with the relevant version of the Basin Plan, including, for example, the sustainable diversion limits; and is consistent with water sharing agreements and commitments between the State and New South Wales; and seeks to achieve a balance between— the economic water plan outcomes stated in section 21 ; and the social water plan outcomes stated in section 22 ; and the cultural water plan outcomes stated in section 23 ; and the environmental water plan outcomes stated in section 24 ; and promotes improved understanding of— matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and the flow requirements of ecosystems in the plan area; and the water required for social, spiritual, economic, environmental and cultural uses of water by Aboriginal people; and the water required to deliver social and economic benefits to communities in the plan area; and the impact of climate change on water availability; and the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.

• (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, or interference with, water; and
• (b) is consistent with the relevant version of the Basin Plan, including, for example, the sustainable diversion limits; and
• (c) is consistent with water sharing agreements and commitments between the State and New South Wales; and
• (d) seeks to achieve a balance between— (i) the economic water plan outcomes stated in section 21 ; and (ii) the social water plan outcomes stated in section 22 ; and (iii) the cultural water plan outcomes stated in section 23 ; and (iv) the environmental water plan outcomes stated in section 24 ; and
• (i) the economic water plan outcomes stated in section 21 ; and
• (ii) the social water plan outcomes stated in section 22 ; and
• (iii) the cultural water plan outcomes stated in section 23 ; and
• (iv) the environmental water plan outcomes stated in section 24 ; and
• (e) promotes improved understanding of— (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and (ii) the flow requirements of ecosystems in the plan area; and (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by Aboriginal people; and (iv) the water required to deliver social and economic benefits to communities in the plan area; and (v) the impact of climate change on water availability; and (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.
• (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and
• (ii) the flow requirements of ecosystems in the plan area; and
• (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by Aboriginal people; and
• (iv) the water required to deliver social and economic benefits to communities in the plan area; and
• (v) the impact of climate change on water availability; and
• (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.
• (i) the economic water plan outcomes stated in section 21 ; and
• (ii) the social water plan outcomes stated in section 22 ; and
• (iii) the cultural water plan outcomes stated in section 23 ; and
• (iv) the environmental water plan outcomes stated in section 24 ; and
• (i) matters affecting the flow-related, and underground water dependent, health of ecosystems, including springs, in the plan area; and
• (ii) the flow requirements of ecosystems in the plan area; and
• (iii) the water required for social, spiritual, economic, environmental and cultural uses of water by Aboriginal people; and
• (iv) the water required to deliver social and economic benefits to communities in the plan area; and
• (v) the impact of climate change on water availability; and
• (vi) the actions required to reverse the degradation of natural ecosystems caused by the taking of, or interference with, water to which this plan applies.

sec.21 Water plan outcomes—economic

The economic water plan outcomes for this plan are— to maintain the probability of being able to take water to which this plan applies under a water entitlement; and to maintain and, if possible, improve the productive base of underground water to which this plan applies; and to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and to maintain and, if possible, improve flood flows to support grazing activities in the plan area; and to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people. In this section— relocatable water licence means a water licence that the water management protocol for this plan states may be relocated, in whole or in part, under section 126 (1) (a) of the Act . (sec.21-ssec.1) The economic water plan outcomes for this plan are— to maintain the probability of being able to take water to which this plan applies under a water entitlement; and to maintain and, if possible, improve the productive base of underground water to which this plan applies; and to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and to maintain and, if possible, improve flood flows to support grazing activities in the plan area; and to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people. (sec.21-ssec.2) In this section— relocatable water licence means a water licence that the water management protocol for this plan states may be relocated, in whole or in part, under section 126 (1) (a) of the Act .

• (a) to maintain the probability of being able to take water to which this plan applies under a water entitlement; and
• (b) to maintain and, if possible, improve the productive base of underground water to which this plan applies; and
• (c) to improve and support the effective and efficient operation of the market in water allocations and relocatable water licences; and
• (d) to maintain the availability of water to which this plan applies for stock purposes and tourism in the plan area; and
• (e) to maintain the availability of water to which this plan applies for industries dependent on water resources in the plan area; and
• (f) to maintain and, if possible, improve flood flows to support grazing activities in the plan area; and
• (g) to make water to which this plan applies available to support the economic and social aspirations of Aboriginal people.

sec.22 Water plan outcomes—social

The social water plan outcomes for this plan are— to maintain— the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and the flows of water to which this plan applies that support water-related aesthetic, cultural and recreational values; and to provide water to which this plan applies for domestic purposes in the plan area.

• (a) to maintain— (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and (ii) the flows of water to which this plan applies that support water-related aesthetic, cultural and recreational values; and
• (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and
• (ii) the flows of water to which this plan applies that support water-related aesthetic, cultural and recreational values; and
• (b) to provide water to which this plan applies for domestic purposes in the plan area.
• (i) the availability of water to which this plan applies for the supply of urban water to towns and communities dependent on the water resources of the plan area; and
• (ii) the flows of water to which this plan applies that support water-related aesthetic, cultural and recreational values; and

sec.23 Water plan outcomes—cultural

The cultural water plan outcomes for this plan are to maintain flows of water to which this plan applies that support the water-related cultural, spiritual, social and environmental values of Aboriginal people.

sec.24 Water plan outcomes—environmental

The environmental water plan outcomes for this plan are— to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and a water entitlement held by CEWH a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems to maintain and, if possible, improve flows of water to which this plan applies that support— waterholes as refugia; and river channels; and river-forming processes; and to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— the Macintyre River floodplain downstream of Goondiwindi; and channel-connected wetlands associated with that floodplain; and to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and bank erosion, thermal alteration of waters, degradation of water quality to minimise water quality degradation in relation to— for surface water to which this plan applies—flow; and for underground water to which this plan applies—flow and pressure; and to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies. In this section— fish recruitment means the successful development and growth of a juvenile fish to a stage at which the fish has the ability to reproduce. underground water regime means the profile of underground water levels, hydraulic head and direction of underground water flow as represented by water levels at nodes L, M and N. waterhole means a part of a watercourse that contains water after the watercourse stops flowing, other than a part of the watercourse that is within the storage area of a dam or weir on the watercourse. (sec.24-ssec.1) The environmental water plan outcomes for this plan are— to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and a water entitlement held by CEWH a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems to maintain and, if possible, improve flows of water to which this plan applies that support— waterholes as refugia; and river channels; and river-forming processes; and to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— the Macintyre River floodplain downstream of Goondiwindi; and channel-connected wetlands associated with that floodplain; and to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and bank erosion, thermal alteration of waters, degradation of water quality to minimise water quality degradation in relation to— for surface water to which this plan applies—flow; and for underground water to which this plan applies—flow and pressure; and to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies. (sec.24-ssec.2) In this section— fish recruitment means the successful development and growth of a juvenile fish to a stage at which the fish has the ability to reproduce. underground water regime means the profile of underground water levels, hydraulic head and direction of underground water flow as represented by water levels at nodes L, M and N. waterhole means a part of a watercourse that contains water after the watercourse stops flowing, other than a part of the watercourse that is within the storage area of a dam or weir on the watercourse.

• (a) to maintain the probability of being able to take surface water to which this plan applies under a water entitlement held only for providing benefit to the environment; and Examples of a water entitlement held only for providing benefit to the environment— • a water entitlement held by CEWH • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems
• • a water entitlement held by CEWH
• • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems
• (b) to maintain and, if possible, improve flows of water to which this plan applies that support— (i) waterholes as refugia; and (ii) river channels; and (iii) river-forming processes; and
• (i) waterholes as refugia; and
• (ii) river channels; and
• (iii) river-forming processes; and
• (c) to maintain and, if possible, improve flows of water to which this plan applies that support floodplain ecosystems within and downstream of the plan area, including— (i) the Macintyre River floodplain downstream of Goondiwindi; and (ii) channel-connected wetlands associated with that floodplain; and
• (i) the Macintyre River floodplain downstream of Goondiwindi; and
• (ii) channel-connected wetlands associated with that floodplain; and
• (d) to minimise changes to flows of water in the plan area that support fish movement and fish recruitment; and
• (e) to minimise adverse environmental impacts, relating to water to which this plan applies, caused by the operation of infrastructure in the plan area; and Examples of adverse environmental impacts— bank erosion, thermal alteration of waters, degradation of water quality
• (f) to minimise water quality degradation in relation to— (i) for surface water to which this plan applies—flow; and (ii) for underground water to which this plan applies—flow and pressure; and
• (i) for surface water to which this plan applies—flow; and
• (ii) for underground water to which this plan applies—flow and pressure; and
• (g) to maintain an underground water regime in the plan area that supports ecosystems dependent on underground water to which this plan applies.
• • a water entitlement held by CEWH
• • a water entitlement held only for protecting and restoring the health of Murray-Darling Basin ecosystems
• (i) waterholes as refugia; and
• (ii) river channels; and
• (iii) river-forming processes; and
• (i) the Macintyre River floodplain downstream of Goondiwindi; and
• (ii) channel-connected wetlands associated with that floodplain; and
• (i) for surface water to which this plan applies—flow; and
• (ii) for underground water to which this plan applies—flow and pressure; and

Measures for achieving water plan outcomes

sec.25 General measures that contribute to achieving water plan outcomes

Measures that contribute to achieving the water plan outcomes stated in sections 20 (b) , 21 (1) (a) and (b) , 23 and 24 (1) (a) to (d) , (f) and (g) are— all water allocations are measured, as directed by the chief executive, by 31 December 2022; and all water licences to take underground water to which this plan applies in the following underground water units are measured, as directed by the chief executive, by 31 December 2025— the Border Rivers Fractured Rock; the Border Rivers Alluvium; and all relevant taking of overland flow water is measured, as directed by the chief executive, by 31 December 2022. A measure that contributes to achieving the water plan outcome stated in section 20 (b) is the annual publication, by the chief executive, of a water use report that includes information about compliance with the sustainable diversion limits. A measure that contributes to achieving the water plan outcomes stated in sections 20 (b) and 21 (1) (a) is the identification, by the chief executive by 30 June 2024, of works associated with the taking of water, declared to be overland flow water under section 7 , for purposes other than stock purposes or domestic purposes. A measure that contributes to achieving the water plan outcome stated in section 20 (c) is each determination of environmental share made by the chief executive is recorded and published at least annually. A measure that contributes to achieving the water plan outcome stated in section 21 (1) (e) is the granting, by the chief executive within 5 years of the commencement, of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan for the purpose of ‘any’, for achieving that water plan outcome. A measure that contributes to achieving the water plan outcomes stated in sections 20 to 24 is that a monitoring, evaluation and reporting strategy, to support assessment of the effectiveness of this plan and its implementation, is developed by the chief executive by 1 July 2020. In this section— environmental share means environmental share of water to which this plan applies under access arrangements for unsupplemented surface water in water sharing agreements and commitments between the State and New South Wales. relevant taking , of overland flow water, means taking of overland flow water— permitted under section 39 (1) (a) or (c) ; and in any of the following water management area zones— the Barwon zone; the Callandoon zone; the Lower Weir zone; the Upper Weir zone; the Macintyre zone; zone A in the Moonie water management area; zone B in the Moonie water management area; zone C in the Moonie water management area; zone D in the Moonie water management area. (sec.25-ssec.1) Measures that contribute to achieving the water plan outcomes stated in sections 20 (b) , 21 (1) (a) and (b) , 23 and 24 (1) (a) to (d) , (f) and (g) are— all water allocations are measured, as directed by the chief executive, by 31 December 2022; and all water licences to take underground water to which this plan applies in the following underground water units are measured, as directed by the chief executive, by 31 December 2025— the Border Rivers Fractured Rock; the Border Rivers Alluvium; and all relevant taking of overland flow water is measured, as directed by the chief executive, by 31 December 2022. (sec.25-ssec.2) A measure that contributes to achieving the water plan outcome stated in section 20 (b) is the annual publication, by the chief executive, of a water use report that includes information about compliance with the sustainable diversion limits. (sec.25-ssec.3) A measure that contributes to achieving the water plan outcomes stated in sections 20 (b) and 21 (1) (a) is the identification, by the chief executive by 30 June 2024, of works associated with the taking of water, declared to be overland flow water under section 7 , for purposes other than stock purposes or domestic purposes. (sec.25-ssec.4) A measure that contributes to achieving the water plan outcome stated in section 20 (c) is each determination of environmental share made by the chief executive is recorded and published at least annually. (sec.25-ssec.5) A measure that contributes to achieving the water plan outcome stated in section 21 (1) (e) is the granting, by the chief executive within 5 years of the commencement, of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan for the purpose of ‘any’, for achieving that water plan outcome. (sec.25-ssec.6) A measure that contributes to achieving the water plan outcomes stated in sections 20 to 24 is that a monitoring, evaluation and reporting strategy, to support assessment of the effectiveness of this plan and its implementation, is developed by the chief executive by 1 July 2020. (sec.25-ssec.7) In this section— environmental share means environmental share of water to which this plan applies under access arrangements for unsupplemented surface water in water sharing agreements and commitments between the State and New South Wales. relevant taking , of overland flow water, means taking of overland flow water— permitted under section 39 (1) (a) or (c) ; and in any of the following water management area zones— the Barwon zone; the Callandoon zone; the Lower Weir zone; the Upper Weir zone; the Macintyre zone; zone A in the Moonie water management area; zone B in the Moonie water management area; zone C in the Moonie water management area; zone D in the Moonie water management area.

• (a) all water allocations are measured, as directed by the chief executive, by 31 December 2022; and
• (b) all water licences to take underground water to which this plan applies in the following underground water units are measured, as directed by the chief executive, by 31 December 2025— (i) the Border Rivers Fractured Rock; (ii) the Border Rivers Alluvium; and
• (i) the Border Rivers Fractured Rock;
• (ii) the Border Rivers Alluvium; and
• (c) all relevant taking of overland flow water is measured, as directed by the chief executive, by 31 December 2022.
• (i) the Border Rivers Fractured Rock;
• (ii) the Border Rivers Alluvium; and
• (a) permitted under section 39 (1) (a) or (c) ; and
• (b) in any of the following water management area zones— (i) the Barwon zone; (ii) the Callandoon zone; (iii) the Lower Weir zone; (iv) the Upper Weir zone; (v) the Macintyre zone; (vi) zone A in the Moonie water management area; (vii) zone B in the Moonie water management area; (viii) zone C in the Moonie water management area; (ix) zone D in the Moonie water management area.
• (i) the Barwon zone;
• (ii) the Callandoon zone;
• (iii) the Lower Weir zone;
• (iv) the Upper Weir zone;
• (v) the Macintyre zone;
• (vi) zone A in the Moonie water management area;
• (vii) zone B in the Moonie water management area;
• (viii) zone C in the Moonie water management area;
• (ix) zone D in the Moonie water management area.
• (i) the Barwon zone;
• (ii) the Callandoon zone;
• (iii) the Lower Weir zone;
• (iv) the Upper Weir zone;
• (v) the Macintyre zone;
• (vi) zone A in the Moonie water management area;
• (vii) zone B in the Moonie water management area;
• (viii) zone C in the Moonie water management area;
• (ix) zone D in the Moonie water management area.

sec.26 Measures that contribute to achieving particular economic water plan outcomes

Measures that contribute to achieving the water plan outcome stated in section 21 (1) (c) are— information about the number, value and volume of water entitlement trades is collected and analysed; and opportunities to improve the effectiveness and efficiency of the market in tradeable water entitlements are analysed; and the information and analysis mentioned in paragraphs (a) and (b) are published by the chief executive within 5 years of the commencement; and the establishment by the chief executive, within 2 years of the commencement, of a process for the granting of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan, for achieving the water plan outcome mentioned in section 21 (1) (g) . See section 43 for unallocated water reserved under this plan.

• (a) information about the number, value and volume of water entitlement trades is collected and analysed; and
• (b) opportunities to improve the effectiveness and efficiency of the market in tradeable water entitlements are analysed; and
• (c) the information and analysis mentioned in paragraphs (a) and (b) are published by the chief executive within 5 years of the commencement; and
• (d) the establishment by the chief executive, within 2 years of the commencement, of a process for the granting of water entitlements for the taking of unallocated water, reserved in the Stanthorpe water management area under this plan, for achieving the water plan outcome mentioned in section 21 (1) (g) . Note— See section 43 for unallocated water reserved under this plan.

sec.27 Measure that contributes to achieving particular cultural water plan outcomes

A measure that contributes to achieving the water plan outcomes stated in sections 20 (e) (iii) and 23 is the publishing by the chief executive, within 5 years of the commencement, of a report on the flow requirements to support cultural values and uses, informed by engagement with Aboriginal people.

Objectives and performance indicators

Environmental flow objectives and performance indicators

sec.28 Environmental flow objectives and performance indicators for surface water— Act , s 43

For section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 , part 1 . The performance indicators for the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 , part 1 . (sec.28-ssec.1) For section 43 (1) (d) of the Act , the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 , part 1 . (sec.28-ssec.2) The performance indicators for the environmental flow objectives for surface water to which this plan applies are stated in schedule 7 , part 1 .

sec.29 Environmental flow objectives and performance indicators for underground water— Act , s 43

For section 43 (1) (d) of the Act , the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 . The performance indicators for the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 . (sec.29-ssec.1) For section 43 (1) (d) of the Act , the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 . (sec.29-ssec.2) The performance indicators for the environmental flow objectives for underground water to which this plan applies are stated in schedule 7 , part 2 .

Water allocation security objectives and performance indicators

sec.30 Water allocation security objectives and performance indicators for surface water— Act , s 43

For section 43 (1) (e) (ii) of the Act , the water allocation security objectives for surface water to which this plan applies are that— the performance ratio, for the high priority group, is not less than what the performance ratio for the group was immediately before the commencement; and the performance ratio, for the medium priority group, is not less than what the performance ratio for the group was immediately before the commencement; and the performance ratio, for each water allocation group mentioned in schedule 8 , column 3, is not less than 99% of what the performance ratio for the group was immediately before the commencement. The performance indicators for the water allocation security objectives for surface water to which this plan applies are the performance ratios for each group of water allocations mentioned in subsection (1) . In this section— high priority group means all water allocations that state they are in the ‘high priority group’. medium priority group means all water allocations that state they are in the ‘medium priority group’. (sec.30-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objectives for surface water to which this plan applies are that— the performance ratio, for the high priority group, is not less than what the performance ratio for the group was immediately before the commencement; and the performance ratio, for the medium priority group, is not less than what the performance ratio for the group was immediately before the commencement; and the performance ratio, for each water allocation group mentioned in schedule 8 , column 3, is not less than 99% of what the performance ratio for the group was immediately before the commencement. (sec.30-ssec.2) The performance indicators for the water allocation security objectives for surface water to which this plan applies are the performance ratios for each group of water allocations mentioned in subsection (1) . (sec.30-ssec.3) In this section— high priority group means all water allocations that state they are in the ‘high priority group’. medium priority group means all water allocations that state they are in the ‘medium priority group’.

• (a) the performance ratio, for the high priority group, is not less than what the performance ratio for the group was immediately before the commencement; and
• (b) the performance ratio, for the medium priority group, is not less than what the performance ratio for the group was immediately before the commencement; and
• (c) the performance ratio, for each water allocation group mentioned in schedule 8 , column 3, is not less than 99% of what the performance ratio for the group was immediately before the commencement.

sec.31 Water allocation security objective and performance indicator for underground water— Act , s 43

For section 43 (1) (e) (ii) of the Act , the water allocation security objective for underground water to which this plan applies is that the annual announcement volume probability, for a water allocation group mentioned in schedule 9 , column 1, is at least the percentage stated for the group in schedule 9 , column 3. The performance indicator for the water allocation security objective for underground water to which this plan applies is the annual announcement volume probability for each water allocation group mentioned in schedule 9 , column 1. (sec.31-ssec.1) For section 43 (1) (e) (ii) of the Act , the water allocation security objective for underground water to which this plan applies is that the annual announcement volume probability, for a water allocation group mentioned in schedule 9 , column 1, is at least the percentage stated for the group in schedule 9 , column 3. (sec.31-ssec.2) The performance indicator for the water allocation security objective for underground water to which this plan applies is the annual announcement volume probability for each water allocation group mentioned in schedule 9 , column 1.

Calculation of performance indicators

sec.32 Calculation of performance indicators for surface water

A performance indicator mentioned in section 28 or 30 must be calculated on the assumption that unallocated water reserved under this plan is being taken. See section 43 for unallocated water reserved under this plan. Subsection (3) applies in relation to a decision made by the chief executive under chapter 2 of the Act — that will result in the addition of a water allocation to, or the omission of a water allocation from, a priority group or a water allocation group; or to approve an application under section 159 of the Act to change a water allocation. In assessing the consistency of the decision with the water allocation security objectives for surface water, the performance indicators mentioned in section 30 must be calculated on the assumption the water allocation being added, omitted or changed is not part of a priority group or a water allocation group. (sec.32-ssec.1) A performance indicator mentioned in section 28 or 30 must be calculated on the assumption that unallocated water reserved under this plan is being taken. See section 43 for unallocated water reserved under this plan. (sec.32-ssec.2) Subsection (3) applies in relation to a decision made by the chief executive under chapter 2 of the Act — that will result in the addition of a water allocation to, or the omission of a water allocation from, a priority group or a water allocation group; or to approve an application under section 159 of the Act to change a water allocation. (sec.32-ssec.3) In assessing the consistency of the decision with the water allocation security objectives for surface water, the performance indicators mentioned in section 30 must be calculated on the assumption the water allocation being added, omitted or changed is not part of a priority group or a water allocation group.

• (a) that will result in the addition of a water allocation to, or the omission of a water allocation from, a priority group or a water allocation group; or
• (b) to approve an application under section 159 of the Act to change a water allocation.

Garden size and volume of water for watering

sec.33 Garden size and volume of water for watering— Act , s 6

For section 6 (3) (a) of the Act , a combined garden size of 0.25ha is stated for this plan. For section 6 (3) (b) of the Act , the volume of water that is sufficient to water a garden, with a combined size not exceeding 0.25ha, in the plan area is 2ML a year. (sec.33-ssec.1) For section 6 (3) (a) of the Act , a combined garden size of 0.25ha is stated for this plan. (sec.33-ssec.2) For section 6 (3) (b) of the Act , the volume of water that is sufficient to water a garden, with a combined size not exceeding 0.25ha, in the plan area is 2ML a year.

Particular decisions about allocation or management of water

sec.34 Definition for part

In this part— decision means a decision made by the chief executive under chapter 2 of the Act about the allocation or management of water to which this plan applies, other than a decision about a water permit.

sec.35 Decisions must not increase amount of water taken

A decision must not increase— the average volume of surface water or underground water that may be taken under this plan; or the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply. Subsection (1) does not apply to a decision about— the reinstatement of a water licence; or taking unallocated water reserved under this plan; or See section 43 for unallocated water reserved under this plan. taking or interfering with underground water to which this plan applies that is not in an underground water unit. (sec.35-ssec.1) A decision must not increase— the average volume of surface water or underground water that may be taken under this plan; or the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply. (sec.35-ssec.2) Subsection (1) does not apply to a decision about— the reinstatement of a water licence; or taking unallocated water reserved under this plan; or See section 43 for unallocated water reserved under this plan. taking or interfering with underground water to which this plan applies that is not in an underground water unit.

• (a) the average volume of surface water or underground water that may be taken under this plan; or
• (b) the combined total of each nominal entitlement for water licences to take underground water to which this plan applies, other than water licences to which water sharing rules apply.
• (a) the reinstatement of a water licence; or
• (b) taking unallocated water reserved under this plan; or Note— See section 43 for unallocated water reserved under this plan.
• (c) taking or interfering with underground water to which this plan applies that is not in an underground water unit.

sec.36 Particular decisions must be consistent with particular objectives

A decision must be consistent with— for a decision about the allocation or management of surface water to which this plan applies— the environmental flow objectives stated in section 28 (1) ; and the water allocation security objectives stated in section 30 (1) ; or for a decision about the allocation or management of underground water to which this plan applies— the environmental flow objectives stated in section 29 (1) ; and the water allocation security objective stated in section 31 (1) .

• (a) for a decision about the allocation or management of surface water to which this plan applies— (i) the environmental flow objectives stated in section 28 (1) ; and (ii) the water allocation security objectives stated in section 30 (1) ; or
• (i) the environmental flow objectives stated in section 28 (1) ; and
• (ii) the water allocation security objectives stated in section 30 (1) ; or
• (b) for a decision about the allocation or management of underground water to which this plan applies— (i) the environmental flow objectives stated in section 29 (1) ; and (ii) the water allocation security objective stated in section 31 (1) .
• (i) the environmental flow objectives stated in section 29 (1) ; and
• (ii) the water allocation security objective stated in section 31 (1) .
• (i) the environmental flow objectives stated in section 28 (1) ; and
• (ii) the water allocation security objectives stated in section 30 (1) ; or
• (i) the environmental flow objectives stated in section 29 (1) ; and
• (ii) the water allocation security objective stated in section 31 (1) .

sec.37 Assessing consistency with particular objectives

To assess the consistency of a decision with the environmental flow objectives for surface water or underground water to which this plan applies, or with the water allocation security objectives for surface water to which this plan applies, the model computer program’s simulation for the simulation period must be used. To assess the consistency of a decision with the water allocation security objective for underground water to which this plan applies, the Border Rivers Alluvium (deep) decision support tool must be used. If it is not practicable to use the model computer program’s simulation, or the Border Rivers Alluvium (deep) decision support tool, another kind of assessment approved by the chief executive may be used. In this section— model computer program means— the eWater Source computer program; or the MODFLOW computer program; or the statistical analysis and reporting programs associated with a computer program mentioned in paragraph (a) or (b) . (sec.37-ssec.1) To assess the consistency of a decision with the environmental flow objectives for surface water or underground water to which this plan applies, or with the water allocation security objectives for surface water to which this plan applies, the model computer program’s simulation for the simulation period must be used. (sec.37-ssec.2) To assess the consistency of a decision with the water allocation security objective for underground water to which this plan applies, the Border Rivers Alluvium (deep) decision support tool must be used. (sec.37-ssec.3) If it is not practicable to use the model computer program’s simulation, or the Border Rivers Alluvium (deep) decision support tool, another kind of assessment approved by the chief executive may be used. (sec.37-ssec.4) In this section— model computer program means— the eWater Source computer program; or the MODFLOW computer program; or the statistical analysis and reporting programs associated with a computer program mentioned in paragraph (a) or (b) .

• (a) the eWater Source computer program; or
• (b) the MODFLOW computer program; or
• (c) the statistical analysis and reporting programs associated with a computer program mentioned in paragraph (a) or (b) .

Limitations on taking or interfering with water

sec.38 Limitations on taking water for particular activities— Act , s 101

For section 101 (1) of the Act — the combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and a person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works. Subsection (1) (b) does not apply to underground water to which this plan applies taken from the following underground water units— the St George Alluvium (shallow); the sediments above the Great Artesian Basin; the Queensland Murray-Darling Basin deep. In this section— existing works means works— that are used, or capable of being used, to take or interfere with water; and to which 1 of the following applies— the works were constructed before the commencement; for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ; for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) . (sec.38-ssec.1) For section 101 (1) of the Act — the combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and a person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works. (sec.38-ssec.2) Subsection (1) (b) does not apply to underground water to which this plan applies taken from the following underground water units— the St George Alluvium (shallow); the sediments above the Great Artesian Basin; the Queensland Murray-Darling Basin deep. (sec.38-ssec.3) In this section— existing works means works— that are used, or capable of being used, to take or interfere with water; and to which 1 of the following applies— the works were constructed before the commencement; for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ; for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .

• (a) the combined total amount of water to which this plan applies that may be taken for all activities prescribed under section 101 (1) (a) of the Act is 2ML a year; and
• (b) a person must not take water to which this plan applies for an activity prescribed under section 101 (1) (a) of the Act unless the water is taken using existing works.
• (a) the St George Alluvium (shallow);
• (b) the sediments above the Great Artesian Basin;
• (c) the Queensland Murray-Darling Basin deep.
• (a) that are used, or capable of being used, to take or interfere with water; and
• (b) to which 1 of the following applies— (i) the works were constructed before the commencement; (ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ; (iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .
• (i) the works were constructed before the commencement;
• (ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ;
• (iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .
• (i) the works were constructed before the commencement;
• (ii) for works used, or capable of being used, to take or interfere with underground water to which this plan applies—the works are a replacement water bore that replaces works mentioned in subparagraph (i) ;
• (iii) for works used, or capable of being used, to take or interfere with surface water—the works replace works mentioned in subparagraph (i) .

sec.39 Limitations on taking overland flow water— Act , s 101

For section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless the water— is taken under a water entitlement or water permit; or is taken for stock purposes or domestic purposes; or is taken using— existing overland flow works located in the Granite Belt underground water sub-area; or notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area. See also section 101 (3) of the Act for when a person cannot be prevented from taking overland flow water that is contaminated agricultural run-off. However, subsection (1) (c) does not apply to the person if the person holds a water licence to take the overland flow water using the works. (sec.39-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (b) of the Act , take overland flow water to which this plan applies unless the water— is taken under a water entitlement or water permit; or is taken for stock purposes or domestic purposes; or is taken using— existing overland flow works located in the Granite Belt underground water sub-area; or notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area. See also section 101 (3) of the Act for when a person cannot be prevented from taking overland flow water that is contaminated agricultural run-off. (sec.39-ssec.2) However, subsection (1) (c) does not apply to the person if the person holds a water licence to take the overland flow water using the works.

• (a) is taken under a water entitlement or water permit; or
• (b) is taken for stock purposes or domestic purposes; or
• (c) is taken using— (i) existing overland flow works located in the Granite Belt underground water sub-area; or (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.
• (i) existing overland flow works located in the Granite Belt underground water sub-area; or
• (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.
• (i) existing overland flow works located in the Granite Belt underground water sub-area; or
• (ii) notified existing overland flow works located in the plan area, other than in the Granite Belt underground water sub-area.

sec.40 Limitations on taking or interfering with underground water in underground water management area— Act , s 101

For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with— under a water entitlement or water permit; or under a seasonal water assignment notice; or for stock purposes or domestic purposes; or for relevant underground water—using existing underground water works. Subsection (1) (c) is subject to section 41 . In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— for underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area— the works were constructed before 6 July 2016; or otherwise— construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or The Border Rivers Fractured Rock is an underground water unit. for underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or The Queensland Murray-Darling Basin deep is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) . relevant underground water means underground water to which this plan applies from— the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or the Queensland Murray-Darling Basin deep. The Border Rivers Fractured Rock and the Queensland Murray-Darling Basin deep are underground water units. (sec.40-ssec.1) For section 101 (1) of the Act , a person must not, under section 101 (1) (c) of the Act , take or interfere with underground water to which this plan applies, from an underground water unit, unless the water is taken or interfered with— under a water entitlement or water permit; or under a seasonal water assignment notice; or for stock purposes or domestic purposes; or for relevant underground water—using existing underground water works. (sec.40-ssec.2) Subsection (1) (c) is subject to section 41 . (sec.40-ssec.3) In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— for underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area— the works were constructed before 6 July 2016; or otherwise— construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or The Border Rivers Fractured Rock is an underground water unit. for underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or The Queensland Murray-Darling Basin deep is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) . relevant underground water means underground water to which this plan applies from— the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or the Queensland Murray-Darling Basin deep. The Border Rivers Fractured Rock and the Queensland Murray-Darling Basin deep are underground water units.

• (a) under a water entitlement or water permit; or
• (b) under a seasonal water assignment notice; or
• (c) for stock purposes or domestic purposes; or
• (d) for relevant underground water—using existing underground water works.
• (a) for underground water from the Border Rivers Fractured Rock in the Granite Belt underground water sub-area— (i) the works were constructed before 6 July 2016; or (ii) otherwise— (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or Note— The Border Rivers Fractured Rock is an underground water unit.
• (i) the works were constructed before 6 July 2016; or
• (ii) otherwise— (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or
• (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and
• (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or
• (b) for underground water from the Queensland Murray-Darling Basin deep—the works were constructed before the commencement; or Note— The Queensland Murray-Darling Basin deep is an underground water unit.
• (c) the works are a replacement water bore that replaces works mentioned in paragraph (a) or (b) .
• (i) the works were constructed before 6 July 2016; or
• (ii) otherwise— (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or
• (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and
• (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or
• (A) construction of the works was physically started before 6 July 2016 and was completed before 31 December 2016; and
• (B) the chief executive was, before 17 August 2016, given a notice for the works under item 5(c) of the moratorium notice, published on 6 July 2016, called ‘Moratorium notice Water Act 2000 Granite Belt underground water area’; or
• (a) the Border Rivers Fractured Rock in the Granite Belt underground water sub-area; or
• (b) the Queensland Murray-Darling Basin deep.

sec.41 Taking or interfering with underground water from land in service area for stock purposes or domestic purposes

This section applies to underground water to which this plan applies if the water is— taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and taken from either of the following underground water units— the Border Rivers Alluvium; the Border Rivers Fractured Rock. The water may only be taken or interfered with using existing underground water works. In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— the works were— used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— constructed before 19 December 2014; or constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and The Border Rivers Alluvium is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) . service area means a service area for a retail water service to customers under the Water Supply (Safety and Reliability) Act 2008 . (sec.41-ssec.1) This section applies to underground water to which this plan applies if the water is— taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and taken from either of the following underground water units— the Border Rivers Alluvium; the Border Rivers Fractured Rock. (sec.41-ssec.2) The water may only be taken or interfered with using existing underground water works. (sec.41-ssec.3) In this section— existing underground water works means works used, or capable of being used, to take or interfere with underground water to which this plan applies if— the works were— used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— constructed before 19 December 2014; or constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and The Border Rivers Alluvium is an underground water unit. the works are a replacement water bore that replaces works mentioned in paragraph (a) . service area means a service area for a retail water service to customers under the Water Supply (Safety and Reliability) Act 2008 .

• (a) taken or interfered with, for stock purposes or domestic purposes, on land in a service area; and
• (b) taken from either of the following underground water units— (i) the Border Rivers Alluvium; (ii) the Border Rivers Fractured Rock.
• (i) the Border Rivers Alluvium;
• (ii) the Border Rivers Fractured Rock.
• (i) the Border Rivers Alluvium;
• (ii) the Border Rivers Fractured Rock.
• (a) the works were— (i) used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and (ii) for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— (A) constructed before 19 December 2014; or (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and Note— The Border Rivers Alluvium is an underground water unit.
• (i) used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and
• (ii) for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— (A) constructed before 19 December 2014; or (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and Note— The Border Rivers Alluvium is an underground water unit.
• (A) constructed before 19 December 2014; or
• (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and
• (b) the works are a replacement water bore that replaces works mentioned in paragraph (a) .
• (i) used, or capable of being used, to take underground water for stock purposes or domestic purposes immediately before the commencement; and
• (ii) for works used, or capable of being used, to take or interfere with underground water from the Border Rivers Alluvium— (A) constructed before 19 December 2014; or (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and Note— The Border Rivers Alluvium is an underground water unit.
• (A) constructed before 19 December 2014; or
• (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and
• (A) constructed before 19 December 2014; or
• (B) constructed in accordance with an agreement entered into between the person and the chief executive between 19 December 2014 and 18 January 2015; and

sec.42 Volume of limited capacity for contaminated agricultural run-off

For State code 10 of the State development assessment provisions, the volume of the limited capacity of contaminated agricultural run-off to which this plan applies is 1ML. In this section— State development assessment provisions see the Planning Regulation 2017 , schedule 24 . (sec.42-ssec.1) For State code 10 of the State development assessment provisions, the volume of the limited capacity of contaminated agricultural run-off to which this plan applies is 1ML. (sec.42-ssec.2) In this section— State development assessment provisions see the Planning Regulation 2017 , schedule 24 .

Unallocated water

sec.43 Unallocated water reserved under this plan— Act , s 43

For section 43 (1) (c) of the Act , the volume of unallocated water reserved under this plan is— for surface water to which this plan applies in a water management area mentioned in schedule 10 , part 1 , column 1—the average annual volume of water stated in schedule 10 , part 1 , column 2 for the area; and for underground water to which this plan applies in an underground water unit mentioned in schedule 10 , part 2 , column 2—the annual volume of water stated in schedule 10 , part 2 , column 3 for the underground water unit.

• (a) for surface water to which this plan applies in a water management area mentioned in schedule 10 , part 1 , column 1—the average annual volume of water stated in schedule 10 , part 1 , column 2 for the area; and
• (b) for underground water to which this plan applies in an underground water unit mentioned in schedule 10 , part 2 , column 2—the annual volume of water stated in schedule 10 , part 2 , column 3 for the underground water unit.

Water licences

Applications that must not be accepted

sec.44 Chief executive must not accept particular applications— Act , s 43

For section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section 107 of the Act unless the chief executive is permitted to accept the application under section 45 or 46 .

sec.45 Particular applications made by local governments

This section applies in relation to an application made by a local government under section 107 of the Act for a water licence to interfere with the flow of water to which this plan applies. The chief executive may accept the application if— the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . If the chief executive grants the application mentioned in subsection (1) , the water licence must include the conditions stated in the water management protocol for the licence. In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (a) — to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken. (sec.45-ssec.1) This section applies in relation to an application made by a local government under section 107 of the Act for a water licence to interfere with the flow of water to which this plan applies. (sec.45-ssec.2) The chief executive may accept the application if— the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . (sec.45-ssec.3) If the chief executive grants the application mentioned in subsection (1) , the water licence must include the conditions stated in the water management protocol for the licence. (sec.45-ssec.4) In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (a) — to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken.

• (a) the purpose of the proposed interference is to impound water to enable the taking of water under a water allocation held by the local government to supply town water; and
• (b) either— (i) the local government has made a relevant change application to the chief executive; or (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .
• (i) the local government has made a relevant change application to the chief executive; or
• (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .
• (i) the local government has made a relevant change application to the chief executive; or
• (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .
• (a) to prevent an increase, due to the proposed interference mentioned in subsection (1) , of the average volume of surface water or underground water that may be taken under this plan; and
• (b) to remove a condition stating a flow threshold for taking water; and
• (c) to ensure the water allocation is subject to a condition stating that only water impounded by the proposed interference may be taken.

sec.46 Applications for water licences to take overland flow water using particular existing overland flow works

This section applies if— the owner of land, on which works used to take overland flow water are situated, applies under section 107 of the Act for a water licence to take overland flow water to which this plan applies using the works; and the works are located in the plan area, other than in the Granite Belt underground water sub-area. The chief executive may accept the application if the chief executive is reasonably satisfied— the works are existing overland flow works; and for works other than notified existing overland flow works—the works were used to take overland flow water, other than for stock purposes or domestic purposes, before— for works in the Border Rivers catchment—20 September 2000; or for works in the Moonie catchment—9 June 2001. See also section 39 (1) (c) for when a person may take overland flow water using existing overland flow works. (sec.46-ssec.1) This section applies if— the owner of land, on which works used to take overland flow water are situated, applies under section 107 of the Act for a water licence to take overland flow water to which this plan applies using the works; and the works are located in the plan area, other than in the Granite Belt underground water sub-area. (sec.46-ssec.2) The chief executive may accept the application if the chief executive is reasonably satisfied— the works are existing overland flow works; and for works other than notified existing overland flow works—the works were used to take overland flow water, other than for stock purposes or domestic purposes, before— for works in the Border Rivers catchment—20 September 2000; or for works in the Moonie catchment—9 June 2001.

• (a) the owner of land, on which works used to take overland flow water are situated, applies under section 107 of the Act for a water licence to take overland flow water to which this plan applies using the works; and
• (b) the works are located in the plan area, other than in the Granite Belt underground water sub-area.
• (a) the works are existing overland flow works; and
• (b) for works other than notified existing overland flow works—the works were used to take overland flow water, other than for stock purposes or domestic purposes, before— (i) for works in the Border Rivers catchment—20 September 2000; or (ii) for works in the Moonie catchment—9 June 2001.
• (i) for works in the Border Rivers catchment—20 September 2000; or
• (ii) for works in the Moonie catchment—9 June 2001.
• (i) for works in the Border Rivers catchment—20 September 2000; or
• (ii) for works in the Moonie catchment—9 June 2001.

Applications inconsistent with this plan

sec.47 Particular applications for dealing with water licences inconsistent with this plan

The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) of the Act . See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan. However, subsection (1) does not apply to the application if— the application is made by a local government to allow for increased interference with the flow of water to which this plan applies; and the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . See section 130 of the Act for how an application mentioned in this subsection must be assessed. Also, subsection (1) does not apply if the application is— an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or an application to amalgamate water licences to take underground water. If the chief executive grants an application to which subsection (2) applies, the water licence to which the dealing relates must include the conditions stated in the water management protocol for the licence. In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (b) — to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken. s 47 amd 2023 Act No. 24 s 75 s ch 1 pt 1 (sec.47-ssec.1) The granting of an application made under section 121 of the Act for a dealing with a water licence in relation to water to which this plan applies is inconsistent with this plan if the application is an application mentioned in section 130 (1) (a) of the Act . See section 129 of the Act for the actions the chief executive must take if the granting of an application for a dealing with a water licence is inconsistent with a water plan. (sec.47-ssec.2) However, subsection (1) does not apply to the application if— the application is made by a local government to allow for increased interference with the flow of water to which this plan applies; and the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and either— the local government has made a relevant change application to the chief executive; or the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act . See section 130 of the Act for how an application mentioned in this subsection must be assessed. (sec.47-ssec.3) Also, subsection (1) does not apply if the application is— an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or an application to amalgamate water licences to take underground water. (sec.47-ssec.4) If the chief executive grants an application to which subsection (2) applies, the water licence to which the dealing relates must include the conditions stated in the water management protocol for the licence. (sec.47-ssec.5) In this section— relevant change application means an application, under section 159 (1) of the Act , to change the water allocation mentioned in subsection (2) (b) — to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and to remove a condition stating a flow threshold for taking water; and to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken.

• (a) the application is made by a local government to allow for increased interference with the flow of water to which this plan applies; and
• (b) the purpose of the proposed increased interference is to impound water to enable the taking of water under a water allocation, held by the local government, to supply town water; and
• (c) either— (i) the local government has made a relevant change application to the chief executive; or (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .
• (i) the local government has made a relevant change application to the chief executive; or
• (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .
• (i) the local government has made a relevant change application to the chief executive; or
• (ii) the chief executive has approved a relevant change application made by the local government and has given a certificate, for the dealing to which the application relates, to the local government under section 159 (4) of the Act .
• (a) an application to amend a water licence to take underground water to change the location from which water may be taken under the licence; or
• (b) an application to amalgamate water licences to take underground water.
• (a) to prevent an increase, due to the proposed increased interference mentioned in subsection (2) (a) , of the average volume of surface water or underground water that may be taken under this plan; and
• (b) to remove a condition stating a flow threshold for taking water; and
• (c) to ensure the water allocation is subject to a condition stating that only water impounded by the proposed increased interference may be taken.

Granting particular water licences

sec.48 Water licences granted to authorise particular existing activities— Act , s 116

This section applies if a water entitlement notice for this plan provides for the granting of a water licence to interfere with the flow of water to which this plan applies for the purpose of impounding water using works mentioned in schedule 11 . For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . (sec.48-ssec.1) This section applies if a water entitlement notice for this plan provides for the granting of a water licence to interfere with the flow of water to which this plan applies for the purpose of impounding water using works mentioned in schedule 11 . (sec.48-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .

sec.49 Water licence granted to replace existing authority— Act , s 116

This section applies if a water entitlement notice for this plan provides for the granting of a water licence to— take underground water to which this plan applies; and replace water permit number 615657. For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . (sec.49-ssec.1) This section applies if a water entitlement notice for this plan provides for the granting of a water licence to— take underground water to which this plan applies; and replace water permit number 615657. (sec.49-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .

• (a) take underground water to which this plan applies; and
• (b) replace water permit number 615657.

sec.50 Definitions for subdivision

In this subdivision— ancillary water licence see section 51 (1) (d) . impounded water see section 51 (1) (a) . licence to interfere means a water licence stated in schedule 12 , column 1.

sec.51 Grant of ancillary water licences to particular persons— Act , s 116

This section applies if— water ( impounded water ) to which this plan applies is impounded under a licence to interfere; and an existing authorisation, stated in schedule 12 , column 2 opposite the licence to interfere, is converted, under section 72 , to a converted water allocation that is subject to the conditions mentioned in section 75 (2) (b) ; and before it was converted, the existing authorisation authorised the taking of some or all of the impounded water; and a water entitlement notice for this plan provides for the granting of a water licence (an ancillary water licence ) to take the impounded water to the holder of the converted water allocation. For section 116 (1) of the Act , the chief executive must decide to grant the ancillary water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . (sec.51-ssec.1) This section applies if— water ( impounded water ) to which this plan applies is impounded under a licence to interfere; and an existing authorisation, stated in schedule 12 , column 2 opposite the licence to interfere, is converted, under section 72 , to a converted water allocation that is subject to the conditions mentioned in section 75 (2) (b) ; and before it was converted, the existing authorisation authorised the taking of some or all of the impounded water; and a water entitlement notice for this plan provides for the granting of a water licence (an ancillary water licence ) to take the impounded water to the holder of the converted water allocation. (sec.51-ssec.2) For section 116 (1) of the Act , the chief executive must decide to grant the ancillary water licence. See also section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act .

• (a) water ( impounded water ) to which this plan applies is impounded under a licence to interfere; and
• (b) an existing authorisation, stated in schedule 12 , column 2 opposite the licence to interfere, is converted, under section 72 , to a converted water allocation that is subject to the conditions mentioned in section 75 (2) (b) ; and
• (c) before it was converted, the existing authorisation authorised the taking of some or all of the impounded water; and
• (d) a water entitlement notice for this plan provides for the granting of a water licence (an ancillary water licence ) to take the impounded water to the holder of the converted water allocation.

sec.52 Content and conditions of ancillary water licence

The ancillary water licence must— state— the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and the volumetric limit for the ancillary water licence; and be subject to— a condition that impounded water taken under the ancillary water licence must not be stored; and a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.

• (a) state— (i) the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and (ii) the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and (iii) the volumetric limit for the ancillary water licence; and
• (i) the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and
• (ii) the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and
• (iii) the volumetric limit for the ancillary water licence; and
• (b) be subject to— (i) a condition that impounded water taken under the ancillary water licence must not be stored; and (ii) a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.
• (i) a condition that impounded water taken under the ancillary water licence must not be stored; and
• (ii) a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.
• (i) the purpose for which impounded water may be taken under the ancillary water licence as ‘any’; and
• (ii) the maximum rate at which impounded water may be taken under the ancillary water licence, in megalitres a day; and
• (iii) the volumetric limit for the ancillary water licence; and
• (i) a condition that impounded water taken under the ancillary water licence must not be stored; and
• (ii) a condition that impounded water taken under the ancillary water licence must be taken only from the impoundment authorised under the licence to interfere.

sec.53 Working out maximum rate

This section applies for working out, for section 52 (a) (ii) , the maximum rate at which impounded water may be taken under the ancillary water licence. The maximum rate is— subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or if paragraphs (a) and (b) both apply—the lesser of the following rates— the rate decided under paragraph (a) ; the rate decided under paragraph (b) ; or otherwise—the rate worked out by the chief executive having regard to— the purpose stated in any existing authorisation that was previously held by the licensee; and the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) . (sec.53-ssec.1) This section applies for working out, for section 52 (a) (ii) , the maximum rate at which impounded water may be taken under the ancillary water licence. (sec.53-ssec.2) The maximum rate is— subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or if paragraphs (a) and (b) both apply—the lesser of the following rates— the rate decided under paragraph (a) ; the rate decided under paragraph (b) ; or otherwise—the rate worked out by the chief executive having regard to— the purpose stated in any existing authorisation that was previously held by the licensee; and the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .

• (a) subject to paragraph (c) , if the existing authorisation stated a rate for taking the water—the stated rate; or
• (b) subject to paragraph (c) , if a development permit related to the existing authorisation states a pump size— (i) for a stated pump size of 32mm—0.5ML a day; or (ii) for a stated pump size of 125mm—7.3ML a day; or (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (i) for a stated pump size of 32mm—0.5ML a day; or
• (ii) for a stated pump size of 125mm—7.3ML a day; or
• (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
• (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (A) the rates stated in subparagraphs (i) and (ii) ; and
• (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (c) if paragraphs (a) and (b) both apply—the lesser of the following rates— (i) the rate decided under paragraph (a) ; (ii) the rate decided under paragraph (b) ; or
• (i) the rate decided under paragraph (a) ;
• (ii) the rate decided under paragraph (b) ; or
• (d) otherwise—the rate worked out by the chief executive having regard to— (i) the purpose stated in any existing authorisation that was previously held by the licensee; and (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .
• (i) the purpose stated in any existing authorisation that was previously held by the licensee; and
• (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .
• (i) for a stated pump size of 32mm—0.5ML a day; or
• (ii) for a stated pump size of 125mm—7.3ML a day; or
• (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
• (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (A) the rates stated in subparagraphs (i) and (ii) ; and
• (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (A) the rates stated in subparagraphs (i) and (ii) ; and
• (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (i) the rate decided under paragraph (a) ;
• (ii) the rate decided under paragraph (b) ; or
• (i) the purpose stated in any existing authorisation that was previously held by the licensee; and
• (ii) the rate at which the chief executive estimates water was able to be taken under the existing authorisation mentioned in subparagraph (i) .

sec.54 Volumetric limit

For section 52 (a) (iii) , the volumetric limit for the ancillary water licence is the volumetric limit stated in schedule 12 , column 3 opposite the existing authorisation.

sec.55 Authority of ancillary water licence

To remove any doubt, the authority to take water under the ancillary water licence is in addition to, and does not affect, the authority of the holder of the converted water allocation to take water under the allocation.

Water licences to take overland flow water

sec.56 Content and conditions of water licences to take overland flow water

A water licence to take overland flow water to which this plan applies must— state the purpose for which the water may be taken as ‘any’; and include at least 1 of the following— the maximum rate at which the water may be taken under the water licence; the maximum storage capacity of works that may be used to store the water taken under the water licence; the average annual volume of water that may be taken under the water licence; the volumetric limit for the water licence. The water licence may also include the following conditions— a limit on the volume of the water that may be taken in a stated period; a limit on the volume of the water that may be stored. (sec.56-ssec.1) A water licence to take overland flow water to which this plan applies must— state the purpose for which the water may be taken as ‘any’; and include at least 1 of the following— the maximum rate at which the water may be taken under the water licence; the maximum storage capacity of works that may be used to store the water taken under the water licence; the average annual volume of water that may be taken under the water licence; the volumetric limit for the water licence. (sec.56-ssec.2) The water licence may also include the following conditions— a limit on the volume of the water that may be taken in a stated period; a limit on the volume of the water that may be stored.

• (a) state the purpose for which the water may be taken as ‘any’; and
• (b) include at least 1 of the following— (i) the maximum rate at which the water may be taken under the water licence; (ii) the maximum storage capacity of works that may be used to store the water taken under the water licence; (iii) the average annual volume of water that may be taken under the water licence; (iv) the volumetric limit for the water licence.
• (i) the maximum rate at which the water may be taken under the water licence;
• (ii) the maximum storage capacity of works that may be used to store the water taken under the water licence;
• (iii) the average annual volume of water that may be taken under the water licence;
• (iv) the volumetric limit for the water licence.
• (i) the maximum rate at which the water may be taken under the water licence;
• (ii) the maximum storage capacity of works that may be used to store the water taken under the water licence;
• (iii) the average annual volume of water that may be taken under the water licence;
• (iv) the volumetric limit for the water licence.
• (a) a limit on the volume of the water that may be taken in a stated period;
• (b) a limit on the volume of the water that may be stored.

sec.57 Working out maximum rate

This section applies for working out, for section 56 (1) (b) (i) , the maximum rate at which overland flow water may be taken. The chief executive— if a certified report for the works that will be used to take the overland flow water has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and may have regard to any other relevant information available to the chief executive. If the chief executive works out the maximum rate having regard to the size of the pump that will be used to take the overland flow water, the maximum rate must not be greater than the rate stated in the Water Regulation 2016 , schedule 7 , column 3 for the pump size stated opposite in schedule 7 , column 1 of that regulation. (sec.57-ssec.1) This section applies for working out, for section 56 (1) (b) (i) , the maximum rate at which overland flow water may be taken. (sec.57-ssec.2) The chief executive— if a certified report for the works that will be used to take the overland flow water has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and may have regard to any other relevant information available to the chief executive. (sec.57-ssec.3) If the chief executive works out the maximum rate having regard to the size of the pump that will be used to take the overland flow water, the maximum rate must not be greater than the rate stated in the Water Regulation 2016 , schedule 7 , column 3 for the pump size stated opposite in schedule 7 , column 1 of that regulation.

• (a) if a certified report for the works that will be used to take the overland flow water has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and
• (b) may have regard to any other relevant information available to the chief executive.

sec.58 Working out maximum storage capacity

This section applies for working out, for section 56 (1) (b) (ii) , the maximum storage capacity of works that may be used to store overland flow water. The chief executive— if a certified report for the works has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and may have regard to any other relevant information available to the chief executive. However, the chief executive must disregard the storage capacity of— bunded land; or land used for irrigated or dryland agriculture; or land surrounded by levees. See section 39 (1) (c) for when a person may take overland flow water using existing overland flow works. In this section— bunded land means land on which a permanent or temporary levee is constructed to divert overland flow water away from land used for agricultural or horticultural production. (sec.58-ssec.1) This section applies for working out, for section 56 (1) (b) (ii) , the maximum storage capacity of works that may be used to store overland flow water. (sec.58-ssec.2) The chief executive— if a certified report for the works has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and may have regard to any other relevant information available to the chief executive. (sec.58-ssec.3) However, the chief executive must disregard the storage capacity of— bunded land; or land used for irrigated or dryland agriculture; or land surrounded by levees. See section 39 (1) (c) for when a person may take overland flow water using existing overland flow works. (sec.58-ssec.4) In this section— bunded land means land on which a permanent or temporary levee is constructed to divert overland flow water away from land used for agricultural or horticultural production.

• (a) if a certified report for the works has been requested under section 62 (4) (a) (iii) —must have regard to the certified report for the works given to the chief executive; and
• (b) may have regard to any other relevant information available to the chief executive.
• (a) bunded land; or
• (b) land used for irrigated or dryland agriculture; or
• (c) land surrounded by levees.

sec.59 Working out average annual volume

This section applies for working out, for section 56 (1) (b) (iii) , the average annual volume of overland flow water that may be taken. The chief executive must have regard to— the catchment characteristics for the water’s catchment; and the maximum rate, if any, worked out under section 57 , at which the overland flow water may be taken; and the maximum storage capacity, if any, worked out under section 58 , of the works that may be used to store the water; and if overland flow water taken under the water licence is to be used to irrigate crops—the pattern of usage demand for the storage for the water licence; and the extent to which the storage for the water licence may also be used to store water taken under another authorisation; and the other conditions applying to the water licence. In this section— catchment characteristics , for a catchment, means the characteristics of the catchment that affect the volume of overland flow water in the catchment, including, for example— the area of the catchment; and the slope of the catchment; and the amount of rainfall that typically falls in the catchment; and the amount and type of vegetation in the catchment. pattern of usage demand , for a storage, means the pattern of usage from the storage worked out having regard to— how water, stored in or by the storage, is used to grow crops; and the planting rule for the trading zone in which the storage is located. planting rule , for a trading zone, means the method used, in the IQQM computer program simulation, to work out the area under crops in the trading zone in the Border Rivers catchment. storage , for a water licence, means the works that will primarily be used to store the overland flow water taken under the water licence. trading zone means an area stated to be a trading zone for water allocations under this plan. (sec.59-ssec.1) This section applies for working out, for section 56 (1) (b) (iii) , the average annual volume of overland flow water that may be taken. (sec.59-ssec.2) The chief executive must have regard to— the catchment characteristics for the water’s catchment; and the maximum rate, if any, worked out under section 57 , at which the overland flow water may be taken; and the maximum storage capacity, if any, worked out under section 58 , of the works that may be used to store the water; and if overland flow water taken under the water licence is to be used to irrigate crops—the pattern of usage demand for the storage for the water licence; and the extent to which the storage for the water licence may also be used to store water taken under another authorisation; and the other conditions applying to the water licence. (sec.59-ssec.3) In this section— catchment characteristics , for a catchment, means the characteristics of the catchment that affect the volume of overland flow water in the catchment, including, for example— the area of the catchment; and the slope of the catchment; and the amount of rainfall that typically falls in the catchment; and the amount and type of vegetation in the catchment. pattern of usage demand , for a storage, means the pattern of usage from the storage worked out having regard to— how water, stored in or by the storage, is used to grow crops; and the planting rule for the trading zone in which the storage is located. planting rule , for a trading zone, means the method used, in the IQQM computer program simulation, to work out the area under crops in the trading zone in the Border Rivers catchment. storage , for a water licence, means the works that will primarily be used to store the overland flow water taken under the water licence. trading zone means an area stated to be a trading zone for water allocations under this plan.

• (a) the catchment characteristics for the water’s catchment; and
• (b) the maximum rate, if any, worked out under section 57 , at which the overland flow water may be taken; and
• (c) the maximum storage capacity, if any, worked out under section 58 , of the works that may be used to store the water; and
• (d) if overland flow water taken under the water licence is to be used to irrigate crops—the pattern of usage demand for the storage for the water licence; and
• (e) the extent to which the storage for the water licence may also be used to store water taken under another authorisation; and
• (f) the other conditions applying to the water licence.
• (a) the area of the catchment; and
• (b) the slope of the catchment; and
• (c) the amount of rainfall that typically falls in the catchment; and
• (d) the amount and type of vegetation in the catchment.
• (a) how water, stored in or by the storage, is used to grow crops; and
• (b) the planting rule for the trading zone in which the storage is located.

sec.60 Working out volumetric limit

This section applies for working out, for section 56 (1) (b) (iv) , the volumetric limit for the water licence. If an average annual volume, worked out under section 59 , is a condition of the water licence, the chief executive must have regard to that average annual volume. (sec.60-ssec.1) This section applies for working out, for section 56 (1) (b) (iv) , the volumetric limit for the water licence. (sec.60-ssec.2) If an average annual volume, worked out under section 59 , is a condition of the water licence, the chief executive must have regard to that average annual volume.

sec.61 Criteria for deciding applications for water licences to take overland flow water using existing overland flow works— Act , s 43

This section states, for section 43 (2) (h) of the Act , the criteria for deciding an application for a water licence, to take overland flow water to which this plan applies using existing overland flow works, accepted by the chief executive under section 46 (2) . The chief executive must decide to grant the application if the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works. Despite subsection (2) , the chief executive may refuse to grant the application if the chief executive considers the application should be refused having regard to the matters the chief executive must consider under section 113 of the Act . (sec.61-ssec.1) This section states, for section 43 (2) (h) of the Act , the criteria for deciding an application for a water licence, to take overland flow water to which this plan applies using existing overland flow works, accepted by the chief executive under section 46 (2) . (sec.61-ssec.2) The chief executive must decide to grant the application if the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works. (sec.61-ssec.3) Despite subsection (2) , the chief executive may refuse to grant the application if the chief executive considers the application should be refused having regard to the matters the chief executive must consider under section 113 of the Act .

sec.62 Process for allocation of overland flow water— Act , s 116

This section states, for section 116 (1) of the Act , a process for the allocation of overland flow water to which this plan applies under a water licence. See section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . A water licence to take the water using existing overland flow works may be granted to the owner of the land on which the works are situated. Without limiting subsection (2) , a water licence to take the water using existing overland flow works must be granted to the owner of the land on which the works are situated if— the works are notified existing overland flow works; and the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works. The chief executive must, before granting the water licence under subsection (2) or (3) — give the owner a notice— identifying the works for which a water licence is proposed to be granted; and stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive. (sec.62-ssec.1) This section states, for section 116 (1) of the Act , a process for the allocation of overland flow water to which this plan applies under a water licence. See section 116 (2) of the Act for when the chief executive may grant a water licence without the need for an application to be made under section 107 of the Act . (sec.62-ssec.2) A water licence to take the water using existing overland flow works may be granted to the owner of the land on which the works are situated. (sec.62-ssec.3) Without limiting subsection (2) , a water licence to take the water using existing overland flow works must be granted to the owner of the land on which the works are situated if— the works are notified existing overland flow works; and the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works. (sec.62-ssec.4) The chief executive must, before granting the water licence under subsection (2) or (3) — give the owner a notice— identifying the works for which a water licence is proposed to be granted; and stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive.

• (a) the works are notified existing overland flow works; and
• (b) the chief executive reasonably believes there has been, or may be, an increase in the average annual volume of overland flow water taken using the works above the average annual volume that could have been taken using the works under the relevant operating arrangements for the works.
• (a) give the owner a notice— (i) identifying the works for which a water licence is proposed to be granted; and (ii) stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and (iii) if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and
• (i) identifying the works for which a water licence is proposed to be granted; and
• (ii) stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and
• (iii) if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and
• (b) if a certified report for the works has been requested under paragraph (a) (iii) —have regard to a certified report for the works given to the chief executive.
• (i) identifying the works for which a water licence is proposed to be granted; and
• (ii) stating that a water licence is proposed to be granted for the taking of overland flow water to which this plan applies using the works; and
• (iii) if the chief executive requires further information about the works—requesting the owner give the chief executive, within a stated period, a certified report for the works; and

sec.63 Water licences to include particular conditions

This section applies to a water licence with an identifying number mentioned in schedule 13 . If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to be subject to a stated condition, the water licence is inconsistent with this plan unless the water licence is subject to the condition. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. For section 133 (2) of the Act , the stated time is 60 business days after the making of the water entitlement notice. (sec.63-ssec.1) This section applies to a water licence with an identifying number mentioned in schedule 13 . (sec.63-ssec.2) If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to be subject to a stated condition, the water licence is inconsistent with this plan unless the water licence is subject to the condition. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. (sec.63-ssec.3) For section 133 (2) of the Act , the stated time is 60 business days after the making of the water entitlement notice.

Water licences to take underground water

sec.64 Water licences to take underground water to contain particular matters

This section applies to a water licence to take underground water to which this plan applies in the underground water management area. If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to state a relevant matter, the licence is inconsistent with this plan unless the relevant matter is stated in the licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. In this section— relevant matter means any of the following matters— a condition to which the water licence is subject; a purpose for which water to which this plan applies may be taken under the water licence; a nominal entitlement for the water licence; the underground water sub-area or the underground water zone to which the water licence relates; if the water taken under the water licence must be from a particular underground water sub-unit—the underground water sub-unit; if the water licence relocation rules apply to the water licence—the latitude and longitude for the point at which water to which this plan applies may be taken under the water licence. water licence relocation rules means the rules, stated in the water management protocol for this plan, about a dealing with a water licence to which section 126 of the Act applies. (sec.64-ssec.1) This section applies to a water licence to take underground water to which this plan applies in the underground water management area. (sec.64-ssec.2) If, under section 70 (1) (e) of the Act , a water entitlement notice for this plan provides for the water licence to be amended to state a relevant matter, the licence is inconsistent with this plan unless the relevant matter is stated in the licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. (sec.64-ssec.3) In this section— relevant matter means any of the following matters— a condition to which the water licence is subject; a purpose for which water to which this plan applies may be taken under the water licence; a nominal entitlement for the water licence; the underground water sub-area or the underground water zone to which the water licence relates; if the water taken under the water licence must be from a particular underground water sub-unit—the underground water sub-unit; if the water licence relocation rules apply to the water licence—the latitude and longitude for the point at which water to which this plan applies may be taken under the water licence. water licence relocation rules means the rules, stated in the water management protocol for this plan, about a dealing with a water licence to which section 126 of the Act applies.

• (a) a condition to which the water licence is subject;
• (b) a purpose for which water to which this plan applies may be taken under the water licence;
• (c) a nominal entitlement for the water licence;
• (d) the underground water sub-area or the underground water zone to which the water licence relates;
• (e) if the water taken under the water licence must be from a particular underground water sub-unit—the underground water sub-unit;
• (f) if the water licence relocation rules apply to the water licence—the latitude and longitude for the point at which water to which this plan applies may be taken under the water licence.

Particular water licences inconsistent with this plan

sec.65 Water licences with stated purpose of irrigation

A water licence with the stated purpose of irrigation is inconsistent with this plan unless the water licence is subject to a condition that water taken under the water licence must not be stored. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.

sec.66 Water licences authorising the taking of water in Glen Niven tributaries zone

A water licence authorising the taking of water in the Glen Niven tributaries zone is inconsistent with this plan unless— the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and the water licence states the maximum rate at which water may be taken under the water licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. The Glen Niven tributaries zone is a water management area zone. If the water licence is amended to state a maximum rate at which water may be taken under the water licence, the maximum rate must be— if a development permit that relates to the water licence states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or otherwise—the rate decided by the chief executive having regard to— the purpose stated in the water licence; and the rate at which the chief executive estimates water is able to be taken under the water licence. (sec.66-ssec.1) A water licence authorising the taking of water in the Glen Niven tributaries zone is inconsistent with this plan unless— the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and the water licence states the maximum rate at which water may be taken under the water licence. See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan. The Glen Niven tributaries zone is a water management area zone. (sec.66-ssec.2) If the water licence is amended to state a maximum rate at which water may be taken under the water licence, the maximum rate must be— if a development permit that relates to the water licence states a pump size— for a stated pump size of 32mm—0.5ML a day; or for a stated pump size of 125mm—7.3ML a day; or for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or otherwise—the rate decided by the chief executive having regard to— the rates stated in subparagraphs (i) and (ii) ; and the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or otherwise—the rate decided by the chief executive having regard to— the purpose stated in the water licence; and the rate at which the chief executive estimates water is able to be taken under the water licence.

• (a) the purpose for which water may be taken under the water licence is stated in the water licence as ‘any’; and
• (b) if the water licence states an area that may be irrigated by water taken under the water licence—the area is removed from the water licence and replaced with an annual volumetric limit for taking water under the water licence, calculated by multiplying the area, in hectares, by 6; and
• (c) the water licence states the maximum rate at which water may be taken under the water licence.
• 1 See section 133 (2) of the Act for the actions the chief executive must take if a water licence is inconsistent with a water plan.
• 2 The Glen Niven tributaries zone is a water management area zone.
• (a) if a development permit that relates to the water licence states a pump size— (i) for a stated pump size of 32mm—0.5ML a day; or (ii) for a stated pump size of 125mm—7.3ML a day; or (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (i) for a stated pump size of 32mm—0.5ML a day; or
• (ii) for a stated pump size of 125mm—7.3ML a day; or
• (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
• (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (A) the rates stated in subparagraphs (i) and (ii) ; and
• (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (b) otherwise—the rate decided by the chief executive having regard to— (i) the purpose stated in the water licence; and (ii) the rate at which the chief executive estimates water is able to be taken under the water licence.
• (i) the purpose stated in the water licence; and
• (ii) the rate at which the chief executive estimates water is able to be taken under the water licence.
• (i) for a stated pump size of 32mm—0.5ML a day; or
• (ii) for a stated pump size of 125mm—7.3ML a day; or
• (iii) for a stated pump size, other than 32mm or 125mm, mentioned in the Water Regulation 2016 , schedule 7 , column 1—the rate stated in schedule 7 , column 2 of that regulation for the pump size; or
• (iv) otherwise—the rate decided by the chief executive having regard to— (A) the rates stated in subparagraphs (i) and (ii) ; and (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (A) the rates stated in subparagraphs (i) and (ii) ; and
• (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (A) the rates stated in subparagraphs (i) and (ii) ; and
• (B) the rates stated for similar pump sizes, other than 32mm or 125mm, in the Water Regulation 2016 , schedule 7 , column 2; or
• (i) the purpose stated in the water licence; and
• (ii) the rate at which the chief executive estimates water is able to be taken under the water licence.

Miscellaneous

sec.67 Accounting period for water licences— Water Regulation 2016 , s 142

For the Water Regulation 2016 , section 142 (a) , the accounting period for a water licence to take water to which this plan applies is 1 July to 30 June in the following year.

Water allocations

Surface water

sec.68 Water allocation groups— Act , sch 4

For schedule 4 of the Act , definition water allocation group , a group of water allocations is a water allocation group, for unsupplemented surface water, if each water allocation in the group— states the same water allocation group mentioned in schedule 8 , column 3 (the water allocation group identifier ); and authorises the taking of unsupplemented surface water— in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.

• (a) states the same water allocation group mentioned in schedule 8 , column 3 (the water allocation group identifier ); and
• (b) authorises the taking of unsupplemented surface water— (i) in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and (ii) from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.
• (i) in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and
• (ii) from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.
• (i) in the water management area zone mentioned in schedule 8 , column 1 opposite the water allocation group identifier; and
• (ii) from the water source mentioned in schedule 8 , column 2 opposite the water allocation group identifier.

sec.69 Amending particular water allocations— Act , s 150

This section applies to a water allocation with an identifying number mentioned in column 1 of an amendment table. For section 150 (1) (a) of the Act , the water allocation must be amended to ensure— if column 2 of the amendment table states a water management area zone for the water allocation—the water management area zone for the water allocation is the stated water management area zone; and if column 2 of the amendment table states a purpose for the water allocation—the purpose of the water allocation is the stated purpose; and if column 2 of the amendment table states a water allocation group for the water allocation—the water allocation group for the water allocation is the stated water allocation group; and if column 2 of the amendment table states a location from which water may be taken under the water allocation—water may only be taken under the water allocation from the stated location; and if column 2 of the amendment table states ‘no conditions’—the only condition applying to the water allocation is a flow condition; and if column 2 of the amendment table states a condition for the water allocation—the water allocation is subject to the stated condition or another condition that has the same effect as the stated condition. To remove any doubt, it is declared that if an existing detail of, or condition imposed on, the water allocation is inconsistent with an amendment required under subsection (2) , the existing detail or condition must be also amended or removed, but only to the extent necessary to avoid the inconsistency. In this section— amendment table means a table in schedule 14 , part 1 or 2 . (sec.69-ssec.1) This section applies to a water allocation with an identifying number mentioned in column 1 of an amendment table. (sec.69-ssec.2) For section 150 (1) (a) of the Act , the water allocation must be amended to ensure— if column 2 of the amendment table states a water management area zone for the water allocation—the water management area zone for the water allocation is the stated water management area zone; and if column 2 of the amendment table states a purpose for the water allocation—the purpose of the water allocation is the stated purpose; and if column 2 of the amendment table states a water allocation group for the water allocation—the water allocation group for the water allocation is the stated water allocation group; and if column 2 of the amendment table states a location from which water may be taken under the water allocation—water may only be taken under the water allocation from the stated location; and if column 2 of the amendment table states ‘no conditions’—the only condition applying to the water allocation is a flow condition; and if column 2 of the amendment table states a condition for the water allocation—the water allocation is subject to the stated condition or another condition that has the same effect as the stated condition. (sec.69-ssec.3) To remove any doubt, it is declared that if an existing detail of, or condition imposed on, the water allocation is inconsistent with an amendment required under subsection (2) , the existing detail or condition must be also amended or removed, but only to the extent necessary to avoid the inconsistency. (sec.69-ssec.4) In this section— amendment table means a table in schedule 14 , part 1 or 2 .

• (a) if column 2 of the amendment table states a water management area zone for the water allocation—the water management area zone for the water allocation is the stated water management area zone; and
• (b) if column 2 of the amendment table states a purpose for the water allocation—the purpose of the water allocation is the stated purpose; and
• (c) if column 2 of the amendment table states a water allocation group for the water allocation—the water allocation group for the water allocation is the stated water allocation group; and
• (d) if column 2 of the amendment table states a location from which water may be taken under the water allocation—water may only be taken under the water allocation from the stated location; and
• (e) if column 2 of the amendment table states ‘no conditions’—the only condition applying to the water allocation is a flow condition; and
• (f) if column 2 of the amendment table states a condition for the water allocation—the water allocation is subject to the stated condition or another condition that has the same effect as the stated condition.

sec.70 Definitions for subdivision

In this subdivision— converted water allocation see section 72 (1) . Stanthorpe allocation means a converted water allocation to take unsupplemented surface water to which this plan applies from a watercourse, lake or spring in the Stanthorpe water management area, other than the Glen Niven tributaries zone. The Glen Niven tributaries zone is a water management area zone. Upper Weir allocation means a converted water allocation to take unsupplemented surface water to which this plan applies from Brigalow Creek, Commoron Creek, Murri Murri Creek or Yambocully Creek.

sec.71 Purpose of subdivision

This subdivision states, for section 43 (2) (g) of the Act , arrangements and processes for converting, under a water entitlement notice for this plan, particular authorisations to water allocations to take unsupplemented surface water to which this plan applies.