This plan sets the legal rules for allocating and managing water in the Burdekin Basin. It defines the plan area, zones and water types, establishes environmental and water‑security objectives with numeric flow targets and performance indicators, and creates processes for licences, licence→allocation conversions, overland‑flow works and release of unallocated water.
It affects water licence holders, landowners who use overland‑flow works, SunWater and the department. Many operational choices and conditions are left to the chief executive (see ss19–20, 25B–25D, 68–77, 79–80), changing who may take water, when, and what reporting or compliance is required.
Mechanically, the Water Plan (Burdekin Basin) 2007 sets the spatial scope, the categories of water it governs, environmental and allocation objectives, the numeric performance indicators that implement those objectives, the administrative rules for making and deciding water licence applications and certain dealings, and processes for release and reservation of unallocated water. The plan applies to the geographic plan area shown on the plan map (s 4), and to water in watercourses, lakes, springs not covered by the Great Artesian Basin plan, and overland flow water except where explicitly excluded (s 10). The dictionary of defined terms is in schedule 10 (s 3).
The plan states its purposes in express terms: defining availability of water, providing a framework for sustainable management and allocations, identifying priorities for future requirements, supporting ecosystem recovery where practicable, and regulating overland flow water (s 2). It declares outcomes for balancing water use and ecological outcomes (s 11), and sets both environmental flow objectives (s 16, schedule 5) and water allocation security objectives (s 18, schedule 6). The plan requires decisions other than water permits to be consistent with those objectives (s 19), and specifies that the IQQM simulation is to be used to assess consistency, unless an alternative method is approved by the chief executive on a like-for-like accuracy basis (s 20).
On the management side, the plan requires a water management protocol to be prepared for the plan area, and lists matters that protocol must address, including unallocated water volumes, release processes for SunWater reserve, water allocation dealing rules and criteria for certain dealings (s 86). It prescribes volumes of unallocated water held as a general reserve (200,000 ML), as a strategic reserve (335,000 ML) and as a SunWater reserve (8,744 ML) (s 30), and identifies specified uses for parts of the strategic reserve, including 150,000 ML for a possible future raising of the Burdekin Falls Dam, and 150,000 ML for industrial water infrastructure in Bowen and Broken subcatchments (s 32). The plan also sets detailed processes for converting existing licences to water allocations (Pt 5 Div 6, ss 54-69), for granting licences replacing authorities to take overland flow (Div 1A, ss 25A-25D), for limiting and authorising overland flow taking (ss 79-80), and for monitoring and reporting (s 83).
Current sections
Direct links to the current provisions in Water Plan (Burdekin Basin) 2007.
141
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This water plan may be cited as the Water Plan (Burdekin Basin) 2007 .
s 1 sub 2014 Act No. 64 s 255 sch 2
sec.2
Purposes of plan
sec.2 Purposes of plan
The following are the purposes of this plan—
to define the availability of water in the plan area;
to provide a framework for sustainably managing water and the taking of water;
to identify priorities and mechanisms for dealing with future water requirements;
to provide a framework for establishing water allocations;
to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
to regulate the taking of overland flow water.
(a) to define the availability of water in the plan area;
(b) to provide a framework for sustainably managing water and the taking of water;
(c) to identify priorities and mechanisms for dealing with future water requirements;
(d) to provide a framework for establishing water allocations;
(e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
(f) to regulate the taking of overland flow water.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 10 defines particular words used in this plan.
sec.3A
Meaning of existing overland flow works
sec.3A Meaning of existing overland flow works
Works to take overland flow water are existing overland flow works if the works—
were in existence on 17 January 2002; or
were started, but not completed, by 17 January 2002 and either—
if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or
if subparagraph (i) does not apply—were completed by 30 June 2002; or
are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.
Also, works that are a reconfiguration of works mentioned in subsection (1) ( reconfigured works ) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.
In this section—
average annual volume , of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period—
starting on the later of the following days (the start date )—
the day the water was first taken using the works before the works were reconfigured;
3 August 1997; and
ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.
repealed , for a section of the Act , means the section as in force from time to time before 6 December 2016.
section 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act .
section 42 moratorium notice means the moratorium notice—
published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and
as amended on 25 July 2002.
s 3A ins 2019 SL No. 120 s 3
(sec.3A-ssec.1) Works to take overland flow water are existing overland flow works if the works— were in existence on 17 January 2002; or were started, but not completed, by 17 January 2002 and either— if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or if subparagraph (i) does not apply—were completed by 30 June 2002; or are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.
(sec.3A-ssec.2) Also, works that are a reconfiguration of works mentioned in subsection (1) ( reconfigured works ) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.
(sec.3A-ssec.3) In this section— average annual volume , of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period— starting on the later of the following days (the start date )— the day the water was first taken using the works before the works were reconfigured; 3 August 1997; and ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured. repealed , for a section of the Act , means the section as in force from time to time before 6 December 2016. section 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act . section 42 moratorium notice means the moratorium notice— published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and as amended on 25 July 2002.
(a) were in existence on 17 January 2002; or
(b) were started, but not completed, by 17 January 2002 and either— (i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or (ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or
(i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or
(ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or
(c) are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.
(i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or
(ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or
(a) starting on the later of the following days (the start date )— (i) the day the water was first taken using the works before the works were reconfigured; (ii) 3 August 1997; and
(i) the day the water was first taken using the works before the works were reconfigured;
(ii) 3 August 1997; and
(b) ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.
(i) the day the water was first taken using the works before the works were reconfigured;
(ii) 3 August 1997; and
(a) published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and
(b) as amended on 25 July 2002.
pt.2
Plan area, water to which plan applies and other matters
Plan area, water to which plan applies and other matters
sec.4
Plan area
sec.4 Plan area
This plan applies to the area shown as the plan area on the map in schedule 1 .
sec.5
Subcatchment areas
sec.5 Subcatchment areas
Each part of the plan area shown as a subcatchment area on the map in schedule 2 is a subcatchment area for this plan.
Each subcatchment area is identified on the map by a letter.
Subcatchment area B is identified on the map by the letter ‘B’.
s 5 sub 2019 SL No. 120 s 5
(sec.5-ssec.1) Each part of the plan area shown as a subcatchment area on the map in schedule 2 is a subcatchment area for this plan.
(sec.5-ssec.2) Each subcatchment area is identified on the map by a letter. Subcatchment area B is identified on the map by the letter ‘B’.
sec.6
Water management areas— Act , sch 4
sec.6 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 2A is a water management area.
Each water management area is identified on the map by its name.
s 6 sub 2019 SL No. 120 s 5
(sec.6-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 2A is a water management area.
(sec.6-ssec.2) Each water management area is identified on the map by its name.
sec.6A
Section sec.6A
s 6A ins 2017 SL No. 7 s 4
om 2019 SL No. 120 s 5
sec.7
Water allocation zones
sec.7 Water allocation zones
Each part of the plan area shown as a water allocation zone on a map in schedule 2B is a water allocation zone for this plan.
Each water allocation zone is identified on the map by its name.
s 7 sub 2019 SL No. 120 s 5
(sec.7-ssec.1) Each part of the plan area shown as a water allocation zone on a map in schedule 2B is a water allocation zone for this plan.
(sec.7-ssec.2) Each water allocation zone is identified on the map by its name.
sec.7A
Water licence zones
sec.7A Water licence zones
Each part of the plan area shown as a water licence zone on the map in schedule 2C is a water licence zone for this plan.
Each water licence zone is identified on the map by its name.
s 7A ins 2019 SL No. 120 s 5
(sec.7A-ssec.1) Each part of the plan area shown as a water licence zone on the map in schedule 2C is a water licence zone for this plan.
(sec.7A-ssec.2) Each water licence zone is identified on the map by its name.
sec.7B
Trading zones— Act , s 43
sec.7B Trading zones— Act , s 43
For section 43 (1) (e) (i) of the Act , each water allocation zone is a trading zone for water allocations to which this plan applies.
s 7B ins 2019 SL No. 120 s 5
sec.7C
Declarations about watercourses— Act , s 1006
sec.7C Declarations about watercourses— Act , s 1006
Water is declared to be water in a watercourse in the Giru Benefited Groundwater Area if the water is—
in an aquifer under the watercourse, or under land adjacent to the watercourse; and
hydraulically connected to the watercourse.
Water is declared to be water in a watercourse in subcatchment area E, F or G if the water is—
in an aquifer under the watercourse; and
hydraulically connected to the watercourse.
s 7C ins 2019 SL No. 120 s 5
(sec.7C-ssec.1) Water is declared to be water in a watercourse in the Giru Benefited Groundwater Area if the water is— in an aquifer under the watercourse, or under land adjacent to the watercourse; and hydraulically connected to the watercourse.
(sec.7C-ssec.2) Water is declared to be water in a watercourse in subcatchment area E, F or G if the water is— in an aquifer under the watercourse; and hydraulically connected to the watercourse.
(a) in an aquifer under the watercourse, or under land adjacent to the watercourse; and
(b) hydraulically connected to the watercourse.
(a) in an aquifer under the watercourse; and
(b) hydraulically connected to the watercourse.
sec.8
Information about areas
sec.8 Information about areas
The exact locations of the boundaries of the following are held in digital electronic form by the department—
the plan area;
subcatchment areas;
water management areas;
water allocation zones;
water licence zones;
the Giru Benefited Groundwater Area.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
s 8 amd 2017 SL No. 7 s 5 ; 2019 SL No. 120 s 6
(sec.8-ssec.1) The exact locations of the boundaries of the following are held in digital electronic form by the department— the plan area; subcatchment areas; water management areas; water allocation zones; water licence zones; the Giru Benefited Groundwater Area.
(sec.8-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
(a) the plan area;
(b) subcatchment areas;
(c) water management areas;
(d) water allocation zones;
(e) water licence zones;
(f) the Giru Benefited Groundwater Area.
sec.9
Nodes
sec.9 Nodes
A node mentioned in this plan is a place on a watercourse in the plan area.
The location of each node is shown on the map in schedule 1 and described in schedule 4 .
Each node is identified on the map by a number.
(sec.9-ssec.1) A node mentioned in this plan is a place on a watercourse in the plan area.
(sec.9-ssec.2) The location of each node is shown on the map in schedule 1 and described in schedule 4 .
(sec.9-ssec.3) Each node is identified on the map by a number.
sec.10
Water to which plan applies
sec.10 Water to which plan applies
This plan applies to the following water in the plan area—
water in a watercourse or lake;
water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;
overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
s 10 amd 2016 SL No. 216 s 146 sch 20 ; 2017 SL No. 164 s 80
(a) water in a watercourse or lake;
(b) water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;
(c) overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
pt.3
Water plan outcomes
Water plan outcomes
sec.11
Outcomes for water in plan area
sec.11 Outcomes for water in plan area
Water is to be allocated and sustainably managed in a way that—
recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
seeks to achieve a balance in the following outcomes—
the general outcomes mentioned in section 12 ;
the general ecological outcomes mentioned in section 13 ;
the specific ecological outcomes mentioned in section 14 .
(a) recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
(b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 12 ; (ii) the general ecological outcomes mentioned in section 13 ; (iii) the specific ecological outcomes mentioned in section 14 .
(i) the general outcomes mentioned in section 12 ;
(ii) the general ecological outcomes mentioned in section 13 ;
(iii) the specific ecological outcomes mentioned in section 14 .
(i) the general outcomes mentioned in section 12 ;
(ii) the general ecological outcomes mentioned in section 13 ;
(iii) the specific ecological outcomes mentioned in section 14 .
sec.12
General outcomes
sec.12 General outcomes
Each of the following is a general outcome for water in the plan area—
to provide for the use of all water entitlements and other authorisations in the plan area;
to provide for the continued use of all existing overland flow works;
to protect the probability of being able to take water under a water allocation;
to make water available to support—
population growth in towns and communities dependent on surface water resources in the plan area; and
growth in industries dependent on surface water resources in the plan area;
to make water available in the Lower Burdekin and Haughton subcatchments to support—
water supplies for Townsville; and
growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and
water supplies for other urban, industrial and mining uses; and
the natural and artificial recharge of the Lower Burdekin delta groundwater system;
to make water available in the Upper Burdekin subcatchment to support—
growth in irrigated agriculture; and
water supplies for the local government area of the Charters Towers Regional Council and the mining industry;
to make water available in the Belyando-Suttor subcatchment to support growth in irrigated agriculture;
to make water available in the Bowen and Broken subcatchments to support water supplies for urban, industrial, mining and other uses at Collinsville and in neighbouring areas;
to manage access to water to support the ongoing management of the Lower Burdekin delta groundwater system;
to encourage continual improvement in the efficient use of water;
to support water-related cultural values of Aboriginal and Torres Strait Islander communities in the plan area;
to ensure water is available to support natural ecosystem processes.
s 12 amd 2017 SL No. 7 s 7
(a) to provide for the use of all water entitlements and other authorisations in the plan area;
(b) to provide for the continued use of all existing overland flow works;
(c) to protect the probability of being able to take water under a water allocation;
(d) to make water available to support— (i) population growth in towns and communities dependent on surface water resources in the plan area; and (ii) growth in industries dependent on surface water resources in the plan area;
(i) population growth in towns and communities dependent on surface water resources in the plan area; and
(ii) growth in industries dependent on surface water resources in the plan area;
(e) to make water available in the Lower Burdekin and Haughton subcatchments to support— (i) water supplies for Townsville; and (ii) growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and (iii) water supplies for other urban, industrial and mining uses; and (iv) the natural and artificial recharge of the Lower Burdekin delta groundwater system;
(i) water supplies for Townsville; and
(ii) growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and
(iii) water supplies for other urban, industrial and mining uses; and
(iv) the natural and artificial recharge of the Lower Burdekin delta groundwater system;
(f) to make water available in the Upper Burdekin subcatchment to support— (i) growth in irrigated agriculture; and (ii) water supplies for the local government area of the Charters Towers Regional Council and the mining industry;
(i) growth in irrigated agriculture; and
(ii) water supplies for the local government area of the Charters Towers Regional Council and the mining industry;
(g) to make water available in the Belyando-Suttor subcatchment to support growth in irrigated agriculture;
(h) to make water available in the Bowen and Broken subcatchments to support water supplies for urban, industrial, mining and other uses at Collinsville and in neighbouring areas;
(i) to manage access to water to support the ongoing management of the Lower Burdekin delta groundwater system;
(j) to encourage continual improvement in the efficient use of water;
(k) to support water-related cultural values of Aboriginal and Torres Strait Islander communities in the plan area;
(l) to ensure water is available to support natural ecosystem processes.
(i) population growth in towns and communities dependent on surface water resources in the plan area; and
(ii) growth in industries dependent on surface water resources in the plan area;
(i) water supplies for Townsville; and
(ii) growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and
(iii) water supplies for other urban, industrial and mining uses; and
(iv) the natural and artificial recharge of the Lower Burdekin delta groundwater system;
(i) growth in irrigated agriculture; and
(ii) water supplies for the local government area of the Charters Towers Regional Council and the mining industry;
sec.13
General ecological outcomes
sec.13 General ecological outcomes
Each of the following is a general ecological outcome for water in the plan area—
to maintain the natural variability of flows that support the habitats of native plants and animals and migratory birds in watercourses, floodplains, wetlands, lakes and springs;
to provide for the continued capability of one part of a river system to be connected to another, including by maintaining flood flows that—
allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and
deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and
deliver water and sediments throughout the plan area to support river-forming processes;
to minimise changes to natural variability in water levels and to support natural ecological processes, including maintaining refugia associated with waterholes and lakes particularly in the Belyando-Suttor subcatchment;
to promote improved understanding of the matters affecting the flow-related health of ecosystems in the plan area;
to maintain flooding in the Lower Burdekin and Haughton subcatchments to provide freshwater inputs to wetlands on the Burdekin Haughton floodplain;
to provide a flow regime that—
maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and
maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and
supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.
In this section—
refugia means the habitat required by a species during a time of stress, including, for example, drought.
(sec.13-ssec.1) Each of the following is a general ecological outcome for water in the plan area— to maintain the natural variability of flows that support the habitats of native plants and animals and migratory birds in watercourses, floodplains, wetlands, lakes and springs; to provide for the continued capability of one part of a river system to be connected to another, including by maintaining flood flows that— allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and deliver water and sediments throughout the plan area to support river-forming processes; to minimise changes to natural variability in water levels and to support natural ecological processes, including maintaining refugia associated with waterholes and lakes particularly in the Belyando-Suttor subcatchment; to promote improved understanding of the matters affecting the flow-related health of ecosystems in the plan area; to maintain flooding in the Lower Burdekin and Haughton subcatchments to provide freshwater inputs to wetlands on the Burdekin Haughton floodplain; to provide a flow regime that— maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.
(sec.13-ssec.2) In this section— refugia means the habitat required by a species during a time of stress, including, for example, drought.
(a) to maintain the natural variability of flows that support the habitats of native plants and animals and migratory birds in watercourses, floodplains, wetlands, lakes and springs;
(b) to provide for the continued capability of one part of a river system to be connected to another, including by maintaining flood flows that— (i) allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and (ii) deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and (iii) deliver water and sediments throughout the plan area to support river-forming processes;
(i) allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and
(ii) deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and
(iii) deliver water and sediments throughout the plan area to support river-forming processes;
(c) to minimise changes to natural variability in water levels and to support natural ecological processes, including maintaining refugia associated with waterholes and lakes particularly in the Belyando-Suttor subcatchment;
(d) to promote improved understanding of the matters affecting the flow-related health of ecosystems in the plan area;
(e) to maintain flooding in the Lower Burdekin and Haughton subcatchments to provide freshwater inputs to wetlands on the Burdekin Haughton floodplain;
(f) to provide a flow regime that— (i) maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and (ii) maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and (iii) supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.
(i) maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and
(ii) maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and
(iii) supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.
(i) allow for the movement of native aquatic fauna between riverine, floodplain, wetland, estuarine and marine environments; and
(ii) deliver nutrients and organic matter throughout the plan area to support natural processes such as breeding, growth and migration in riverine, floodplain, wetland, estuarine and marine environments; and
(iii) deliver water and sediments throughout the plan area to support river-forming processes;
(i) maintains delivery of fresh water to the estuaries of watercourses and the Great Barrier Reef Lagoon; and
(ii) maintains natural sedimentation processes to support the replenishment of beaches along the Burdekin Haughton floodplain and Cape Bowling Green; and
(iii) supports productivity in the receiving waters of the Great Barrier Reef and inshore reefs.
sec.14
Specific ecological outcomes
sec.14 Specific ecological outcomes
Each of the following is a specific ecological outcome for water in the plan area—
to maintain the natural continuity of flow from immediately downstream of the Charters Towers Weir to the upstream limit of the impounded area of the Burdekin Falls Dam;
to maintain connectivity between Mistake Creek and its adjacent floodplain system during floods;
to minimise adverse impacts on the morphology of watercourses, waterholes, lakes and springs, used for taking supplemented water, in the Burdekin Haughton Water Supply Scheme;
to ensure there are no further impacts on natural creek flows in the Barratta Creek system;
to provide a flow regime that supports fish passage in the river reaches from the Clare Weir impoundment to the mouth of the Burdekin River;
to provide a flow regime that supports fish passage in the river reaches to the mouth of the Haughton River.
(a) to maintain the natural continuity of flow from immediately downstream of the Charters Towers Weir to the upstream limit of the impounded area of the Burdekin Falls Dam;
(b) to maintain connectivity between Mistake Creek and its adjacent floodplain system during floods;
(c) to minimise adverse impacts on the morphology of watercourses, waterholes, lakes and springs, used for taking supplemented water, in the Burdekin Haughton Water Supply Scheme;
(d) to ensure there are no further impacts on natural creek flows in the Barratta Creek system;
(e) to provide a flow regime that supports fish passage in the river reaches from the Clare Weir impoundment to the mouth of the Burdekin River;
(f) to provide a flow regime that supports fish passage in the river reaches to the mouth of the Haughton River.
pt.4
Performance indicators and objectives
Performance indicators and objectives
pt.4-div.1
Environmental flow objectives
Environmental flow objectives
sec.15
Performance indicators for environmental flow objectives
sec.15 Performance indicators for environmental flow objectives
The performance indicators for the environmental flow objectives are—
for assessing periods of low flow, the following—
50% non-zero daily flow;
80% non-zero daily flow;
daily flow;
period of no flow; and
for assessing periods of medium to high flow, the following—
mean annual flow;
median annual flow;
1.5 year daily flow volume;
5 year daily flow volume;
20 year daily flow volume;
annual proportional flow deviation.
(a) for assessing periods of low flow, the following— (i) 50% non-zero daily flow; (ii) 80% non-zero daily flow; (iii) daily flow; (iv) period of no flow; and
(i) 50% non-zero daily flow;
(ii) 80% non-zero daily flow;
(iii) daily flow;
(iv) period of no flow; and
(b) for assessing periods of medium to high flow, the following— (i) mean annual flow; (ii) median annual flow; (iii) 1.5 year daily flow volume; (iv) 5 year daily flow volume; (v) 20 year daily flow volume; (vi) annual proportional flow deviation.
(i) mean annual flow;
(ii) median annual flow;
(iii) 1.5 year daily flow volume;
(iv) 5 year daily flow volume;
(v) 20 year daily flow volume;
(vi) annual proportional flow deviation.
(i) 50% non-zero daily flow;
(ii) 80% non-zero daily flow;
(iii) daily flow;
(iv) period of no flow; and
(i) mean annual flow;
(ii) median annual flow;
(iii) 1.5 year daily flow volume;
(iv) 5 year daily flow volume;
(v) 20 year daily flow volume;
(vi) annual proportional flow deviation.
sec.16
Environmental flow objectives
sec.16 Environmental flow objectives
The environmental flow objectives are stated in schedule 5 .
s 16 amd 2019 SL No. 120 s 7
pt.4-div.2
Water allocation security objectives
Water allocation security objectives
sec.17
Performance indicators for water allocation security objectives
sec.17 Performance indicators for water allocation security objectives
This section states the performance indicators for this plan for the water allocation security objectives.
The performance indicators for taking water in subcatchment areas A, B, C and D are—
for taking supplemented water, the following—
the annual supplemented water sharing index;
the monthly supplemented water sharing index; and
for taking unsupplemented water, the following—
the 30% unsupplemented water sharing index;
the 50% unsupplemented water sharing index;
the 70% unsupplemented water sharing index;
the annual volume probability.
The performance indicator for taking water in subcatchment areas F and G is the annual volume probability.
s 17 sub 2019 SL No. 120 s 8
(sec.17-ssec.1) This section states the performance indicators for this plan for the water allocation security objectives.
(sec.17-ssec.2) The performance indicators for taking water in subcatchment areas A, B, C and D are— for taking supplemented water, the following— the annual supplemented water sharing index; the monthly supplemented water sharing index; and for taking unsupplemented water, the following— the 30% unsupplemented water sharing index; the 50% unsupplemented water sharing index; the 70% unsupplemented water sharing index; the annual volume probability.
(sec.17-ssec.3) The performance indicator for taking water in subcatchment areas F and G is the annual volume probability.
(a) for taking supplemented water, the following— (i) the annual supplemented water sharing index; (ii) the monthly supplemented water sharing index; and
(i) the annual supplemented water sharing index;
(ii) the monthly supplemented water sharing index; and
(b) for taking unsupplemented water, the following— (i) the 30% unsupplemented water sharing index; (ii) the 50% unsupplemented water sharing index; (iii) the 70% unsupplemented water sharing index; (iv) the annual volume probability.
(i) the 30% unsupplemented water sharing index;
(ii) the 50% unsupplemented water sharing index;
(iii) the 70% unsupplemented water sharing index;
(iv) the annual volume probability.
(i) the annual supplemented water sharing index;
(ii) the monthly supplemented water sharing index; and
(i) the 30% unsupplemented water sharing index;
(ii) the 50% unsupplemented water sharing index;
(iii) the 70% unsupplemented water sharing index;
(iv) the annual volume probability.
sec.18
Water allocation security objectives
sec.18 Water allocation security objectives
The water allocation security objectives are stated in—
for water allocations to take supplemented water— schedule 6 , part 1 ; and
for water allocations to take unsupplemented water— schedule 6 , part 2 .
s 18 amd 2019 SL No. 120 s 9
(a) for water allocations to take supplemented water— schedule 6 , part 1 ; and
(b) for water allocations to take unsupplemented water— schedule 6 , part 2 .
pt.5
Strategies for achieving outcomes
Strategies for achieving outcomes
pt.5-div.1
Preliminary
Preliminary
sec.18A
Definition for part
sec.18A Definition for part
In this part—
authority means an authority to continue to use existing overland flow works under section 80 (3) .
s 18A ins 2019 SL No. 120 s 10
sec.19
Decisions consistent with objectives
sec.19 Decisions consistent with objectives
Decisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—
the environmental flow objectives stated in schedule 5 ; and
the water allocation security objectives stated in schedule 6 .
(a) the environmental flow objectives stated in schedule 5 ; and
(b) the water allocation security objectives stated in schedule 6 .
sec.20
Assessing impact of decisions
sec.20 Assessing impact of decisions
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
(sec.20-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.
(sec.20-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
(sec.20-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
sec.21
Measuring devices
sec.21 Measuring devices
s 21 om 2014 SL No. 142 s 39
sec.22
Restrictions on taking water from waterholes or lakes
sec.22 Restrictions on taking water from waterholes or lakes
This section applies to the chief executive in making a decision about—
a water licence to take unsupplemented water; or
converting an authorisation to take unsupplemented water into a water allocation.
If the water licence or water allocation allows the taking of water from a waterhole or lake, the chief executive must—
consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
impose a condition on the water licence or water allocation about maintaining the cultural or ecological values of the waterhole or lake.
a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied—
the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.
s 22 amd 2017 SL No. 7 s 8
(sec.22-ssec.1) This section applies to the chief executive in making a decision about— a water licence to take unsupplemented water; or converting an authorisation to take unsupplemented water into a water allocation.
(sec.22-ssec.2) If the water licence or water allocation allows the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence or water allocation about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
(sec.22-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.
(a) a water licence to take unsupplemented water; or
(b) converting an authorisation to take unsupplemented water into a water allocation.
(a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
(b) impose a condition on the water licence or water allocation about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
(a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
(b) for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.
sec.23
Matters to be considered for environmental management rules
sec.23 Matters to be considered for environmental management rules
In deciding the environmental management rules to be included in the water management protocol or a resource operations licence, the chief executive must consider—
the streamflows required to maintain the following—
the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
the wetted habitats at riffles and other streambed features;
the natural seasonality of flows and zero flows;
the replenishment of refuge pools that enable movement of instream biota;
the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and
the impact the taking of, or proposed taking of, or interfering with, water may have on the following—
water quality;
the natural movement of sediment;
the bed and banks of a watercourse or lake;
riparian vegetation;
habitats for native plants and animals;
the movement of fish and other aquatic species;
the recreation and aesthetic values of the plan area;
cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
Subsection (1) does not limit the matters the chief executive may consider.
s 23 amd 2017 SL No. 7 s 9
(sec.23-ssec.1) In deciding the environmental management rules to be included in the water management protocol or a resource operations licence, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(sec.23-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and
(i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and
(b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) riparian vegetation; (v) habitats for native plants and animals; (vi) the movement of fish and other aquatic species; (vii) the recreation and aesthetic values of the plan area; (viii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) water quality;
(ii) the natural movement of sediment;
(iii) the bed and banks of a watercourse or lake;
(iv) riparian vegetation;
(v) habitats for native plants and animals;
(vi) the movement of fish and other aquatic species;
(vii) the recreation and aesthetic values of the plan area;
(viii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; and
(i) water quality;
(ii) the natural movement of sediment;
(iii) the bed and banks of a watercourse or lake;
(iv) riparian vegetation;
(v) habitats for native plants and animals;
(vi) the movement of fish and other aquatic species;
(vii) the recreation and aesthetic values of the plan area;
(viii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
sec.24
Matters to be considered for water sharing rules for unsupplemented water
sec.24 Matters to be considered for water sharing rules for unsupplemented water
In deciding the water sharing rules, to be included in the water management protocol, for authorisations to take unsupplemented water in a part of the plan area, the chief executive must consider the following—
any existing water sharing arrangements;
the local availability of water that may be taken from streamflows, waterholes or bedsands;
the conditions for taking water decided under section 68 or 76 ;
the maximum rates decided under section 66 or 74 ;
the volumetric limits decided under section 67 or 75 ;
the impact on authorisations to take water in the plan area.
Subsection (1) does not limit the matters the chief executive may consider.
s 24 sub 2017 SL No. 7 s 10
amd 2019 SL No. 120 s 11
(sec.24-ssec.1) In deciding the water sharing rules, to be included in the water management protocol, for authorisations to take unsupplemented water in a part of the plan area, the chief executive must consider the following— any existing water sharing arrangements; the local availability of water that may be taken from streamflows, waterholes or bedsands; the conditions for taking water decided under section 68 or 76 ; the maximum rates decided under section 66 or 74 ; the volumetric limits decided under section 67 or 75 ; the impact on authorisations to take water in the plan area.
(sec.24-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) any existing water sharing arrangements;
(b) the local availability of water that may be taken from streamflows, waterholes or bedsands;
(c) the conditions for taking water decided under section 68 or 76 ;
(d) the maximum rates decided under section 66 or 74 ;
(e) the volumetric limits decided under section 67 or 75 ;
(f) the impact on authorisations to take water in the plan area.
sec.24A
Matters to be considered for infrastructure operating rules
sec.24A Matters to be considered for infrastructure operating rules
s 24A ins 2014 SL No. 142 s 40
om 2017 SL No. 7 s 11
sec.25
Matters to be considered for water allocation dealing rules
sec.25 Matters to be considered for water allocation dealing rules
In deciding the water allocation dealing rules, to be included in the water management protocol, for authorisations to take water in a part of the plan area, the chief executive must consider—
the ongoing management of the Lower Burdekin delta groundwater system; and
the implications, for the availability of water under water allocations, of changes to the frequency, duration, magnitude and timing of limited water availability.
Subsection (1) does not limit the matters the chief executive may consider.
s 25 amd 2017 SL No. 7 s 12
(sec.25-ssec.1) In deciding the water allocation dealing rules, to be included in the water management protocol, for authorisations to take water in a part of the plan area, the chief executive must consider— the ongoing management of the Lower Burdekin delta groundwater system; and the implications, for the availability of water under water allocations, of changes to the frequency, duration, magnitude and timing of limited water availability.
(sec.25-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the ongoing management of the Lower Burdekin delta groundwater system; and
(b) the implications, for the availability of water under water allocations, of changes to the frequency, duration, magnitude and timing of limited water availability.
pt.5-div.1A
Water licences replacing authorities
Water licences replacing authorities
sec.25A
Purpose of division
sec.25A Purpose of division
This division—
states, for section 116 of the Act , a process for the allocation of overland flow water under a water licence to replace an authority; and
states a process for amending a water licence mentioned in paragraph (a) .
s 25A (prev s 81A) ins 2017 SL No. 7 s 36
amd 2019 SL No. 120 s 45 (1)
reloc and renum 2019 SL No. 120 s 45 (2)
(a) states, for section 116 of the Act , a process for the allocation of overland flow water under a water licence to replace an authority; and
(b) states a process for amending a water licence mentioned in paragraph (a) .
sec.25B
Notice of proposed grant or amendment
sec.25B Notice of proposed grant or amendment
Before granting or amending a water licence, the chief executive must give the holder of the authority or the licence notice of the proposed grant or amendment.
The notice must—
state the chief executive proposes to—
grant a water licence to take overland flow water using the holder’s existing overland flow works; or
if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and
require the holder to—
clearly describe the overland flow works; and
give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.
The notice may require the holder to give the chief executive—
if the notice is for a proposed grant of a water licence—a report about the taking of overland flow water under the authority to be replaced; and
other information the chief executive considers relevant.
For subsection (3) (a) , the report must—
accurately describe—
the operation of the existing overland flow works; and
the capacity of the works to take overland flow water; and
if required by the chief executive in the notice—be verified as accurate, and signed, by a registered professional engineer.
In this section—
registered professional engineer see the Professional Engineers Act 2002 , schedule 2 .
s 25B (prev s 81B) ins 2017 SL No. 7 s 36
reloc and renum 2019 SL No. 120 s 46
(sec.25B-ssec.1) Before granting or amending a water licence, the chief executive must give the holder of the authority or the licence notice of the proposed grant or amendment.
(sec.25B-ssec.2) The notice must— state the chief executive proposes to— grant a water licence to take overland flow water using the holder’s existing overland flow works; or if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and require the holder to— clearly describe the overland flow works; and give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.
(sec.25B-ssec.3) The notice may require the holder to give the chief executive— if the notice is for a proposed grant of a water licence—a report about the taking of overland flow water under the authority to be replaced; and other information the chief executive considers relevant.
(sec.25B-ssec.4) For subsection (3) (a) , the report must— accurately describe— the operation of the existing overland flow works; and the capacity of the works to take overland flow water; and if required by the chief executive in the notice—be verified as accurate, and signed, by a registered professional engineer.
(sec.25B-ssec.5) In this section— registered professional engineer see the Professional Engineers Act 2002 , schedule 2 .
(a) state the chief executive proposes to— (i) grant a water licence to take overland flow water using the holder’s existing overland flow works; or (ii) if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and
(i) grant a water licence to take overland flow water using the holder’s existing overland flow works; or
(ii) if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and
(b) require the holder to— (i) clearly describe the overland flow works; and (ii) give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.
(i) clearly describe the overland flow works; and
(ii) give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.
(i) grant a water licence to take overland flow water using the holder’s existing overland flow works; or
(ii) if the holder has been granted a licence mentioned in subparagraph (i) —amend the licence; and
(i) clearly describe the overland flow works; and
(ii) give the chief executive information about the pattern of water use from the works based on the requirements and purpose for which the water is, or is to be, used.
(a) if the notice is for a proposed grant of a water licence—a report about the taking of overland flow water under the authority to be replaced; and
(b) other information the chief executive considers relevant.
(a) accurately describe— (i) the operation of the existing overland flow works; and (ii) the capacity of the works to take overland flow water; and
(i) the operation of the existing overland flow works; and
(ii) the capacity of the works to take overland flow water; and
(b) if required by the chief executive in the notice—be verified as accurate, and signed, by a registered professional engineer.
(i) the operation of the existing overland flow works; and
(ii) the capacity of the works to take overland flow water; and
sec.25C
Decision about grant or amendment
sec.25C Decision about grant or amendment
In deciding whether to grant or amend the water licence, the chief executive—
must consider any report or other information given to the chief executive under section 25B ; and
may consider other matters the chief executive considers relevant.
s 25C (prev s 81C) ins 2017 SL No. 7 s 36
amd 2019 SL No. 120 s 47 (1)
reloc and renum 2019 SL No. 120 s 47 (2)
(a) must consider any report or other information given to the chief executive under section 25B ; and
(b) may consider other matters the chief executive considers relevant.
sec.25D
Content, conditions and effect of water licence
sec.25D Content, conditions and effect of water licence
If the water licence is granted or amended, the licence—
must state the purpose for which water may be taken under the licence, which must be either—
rural; or
any; and
must state at least 1 of the following for the licence—
the maximum rate for the licence;
the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;
the volumetric limit for the licence;
the mean annual volume for the licence; and
may state conditions under which overland flow water may be taken under the licence.
If a water licence is granted under this division, the authority it replaces stops having effect.
s 25D (prev s 81D) ins 2017 SL No. 7 s 36
amd 2019 SL No. 120 s 48 (1)
reloc and renum 2019 SL No. 120 s 48 (2)
(sec.25D-ssec.1) If the water licence is granted or amended, the licence— must state the purpose for which water may be taken under the licence, which must be either— rural; or any; and must state at least 1 of the following for the licence— the maximum rate for the licence; the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; the volumetric limit for the licence; the mean annual volume for the licence; and may state conditions under which overland flow water may be taken under the licence.
(sec.25D-ssec.2) If a water licence is granted under this division, the authority it replaces stops having effect.
(a) must state the purpose for which water may be taken under the licence, which must be either— (i) rural; or (ii) any; and
(i) rural; or
(ii) any; and
(b) must state at least 1 of the following for the licence— (i) the maximum rate for the licence; (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; (iii) the volumetric limit for the licence; (iv) the mean annual volume for the licence; and
(i) the maximum rate for the licence;
(ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;
(iii) the volumetric limit for the licence;
(iv) the mean annual volume for the licence; and
(c) may state conditions under which overland flow water may be taken under the licence.
(i) rural; or
(ii) any; and
(i) the maximum rate for the licence;
(ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;
(iii) the volumetric limit for the licence;
(iv) the mean annual volume for the licence; and
pt.5-div.1B
Applications for water licences to take or interfere with surface water
Applications for water licences to take or interfere with surface water
sec.26
Accepting and deciding particular applications for water licences
sec.26 Accepting and deciding particular applications for water licences
This section applies to the chief executive in making a decision about an application for a water licence to interfere with, or increase the interference with, surface water by impounding the flow of the water.
The chief executive may accept and decide the application if the purpose of the proposed interference or increase in interference is only—
to store water for stock purposes or domestic purposes; or
to provide a pumping pool to enable water to be taken under an existing authorisation; or
to store water for a purpose not related to the taking of water under a water entitlement.
community landscaping or retaining water for flood mitigation purposes
The chief executive may approve the application if—
the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and
the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to—
the impact the proposed interference or increase in interference may have on the following—
instream water levels;
the natural movement of sediment;
the bed and banks of the watercourse or lake;
riparian vegetation;
habitats for native plants and animals;
the movement of fish and other aquatic species;
the cultural and ecological values of watercourses, waterholes, lakes or springs; and
for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.
However, the chief executive must not approve an application for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than—
for an application for a purpose mentioned in subsection (2) (b) —10ML; or
for an application for a purpose mentioned in subsection (2) (c) —250ML.
This section does not apply to an application about unallocated water.
In this section—
pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
s 26 amd 2019 SL No. 120 s 13
(sec.26-ssec.1) This section applies to the chief executive in making a decision about an application for a water licence to interfere with, or increase the interference with, surface water by impounding the flow of the water.
(sec.26-ssec.2) The chief executive may accept and decide the application if the purpose of the proposed interference or increase in interference is only— to store water for stock purposes or domestic purposes; or to provide a pumping pool to enable water to be taken under an existing authorisation; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes
(sec.26-ssec.3) The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs; and for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.
(sec.26-ssec.4) However, the chief executive must not approve an application for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for an application for a purpose mentioned in subsection (2) (b) —10ML; or for an application for a purpose mentioned in subsection (2) (c) —250ML.
(sec.26-ssec.5) This section does not apply to an application about unallocated water.
(sec.26-ssec.6) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
(a) to store water for stock purposes or domestic purposes; or
(b) to provide a pumping pool to enable water to be taken under an existing authorisation; or
(c) to store water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subsection (2) (c) — community landscaping or retaining water for flood mitigation purposes
(a) the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and
(b) the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of the watercourse or lake; (D) riparian vegetation; (E) habitats for native plants and animals; (F) the movement of fish and other aquatic species; (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and (ii) for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.
(i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of the watercourse or lake; (D) riparian vegetation; (E) habitats for native plants and animals; (F) the movement of fish and other aquatic species; (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and
(A) instream water levels;
(B) the natural movement of sediment;
(C) the bed and banks of the watercourse or lake;
(D) riparian vegetation;
(E) habitats for native plants and animals;
(F) the movement of fish and other aquatic species;
(G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and
(ii) for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.
(i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of the watercourse or lake; (D) riparian vegetation; (E) habitats for native plants and animals; (F) the movement of fish and other aquatic species; (G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and
(A) instream water levels;
(B) the natural movement of sediment;
(C) the bed and banks of the watercourse or lake;
(D) riparian vegetation;
(E) habitats for native plants and animals;
(F) the movement of fish and other aquatic species;
(G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and
(ii) for a purpose mentioned in subsection (2) (a) —existing water supplies on the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water and the availability of water at the proposed site.
(A) instream water levels;
(B) the natural movement of sediment;
(C) the bed and banks of the watercourse or lake;
(D) riparian vegetation;
(E) habitats for native plants and animals;
(F) the movement of fish and other aquatic species;
(G) the cultural and ecological values of watercourses, waterholes, lakes or springs; and
(a) for an application for a purpose mentioned in subsection (2) (b) —10ML; or
(b) for an application for a purpose mentioned in subsection (2) (c) —250ML.
sec.26A
Particular applications for water licences that must not be accepted
sec.26A Particular applications for water licences that must not be accepted
This section does not apply to an application for a water licence if—
section 26 applies to the application; or
the application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or
the application—
is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and
is for a licence to take—
surface water held as a general reserve in subcatchment area E, F or G; or
surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
An application for a water licence must not be accepted under section 107 of the Act if the application is for a water licence to—
take surface water and use the water on the land; or
interfere with the flow of surface water on, under or adjoining the land.
s 26A ins 2017 SL No. 7 s 13
amd 2019 SL No. 120 s 14 ; 2020 SL No. 204 s 4
(sec.26A-ssec.1) This section does not apply to an application for a water licence if— section 26 applies to the application; or the application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or the application— is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and is for a licence to take— surface water held as a general reserve in subcatchment area E, F or G; or surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(sec.26A-ssec.2) An application for a water licence must not be accepted under section 107 of the Act if the application is for a water licence to— take surface water and use the water on the land; or interfere with the flow of surface water on, under or adjoining the land.
(a) section 26 applies to the application; or
(b) the application is for a licence to interfere with the flow of surface water to artificially change or improve the course of a watercourse, lake or spring; or
(c) the application— (i) is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and (ii) is for a licence to take— (A) surface water held as a general reserve in subcatchment area E, F or G; or (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(i) is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and
(ii) is for a licence to take— (A) surface water held as a general reserve in subcatchment area E, F or G; or (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(A) surface water held as a general reserve in subcatchment area E, F or G; or
(B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(i) is made as part of the process mentioned in section 33A (2) for releasing unallocated water; and
(ii) is for a licence to take— (A) surface water held as a general reserve in subcatchment area E, F or G; or (B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(A) surface water held as a general reserve in subcatchment area E, F or G; or
(B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(A) surface water held as a general reserve in subcatchment area E, F or G; or
(B) surface water held as a strategic reserve for a State purpose in subcatchment area E, F or G.
(a) take surface water and use the water on the land; or
(b) interfere with the flow of surface water on, under or adjoining the land.
pt.5-div.1C
Dealings with water licences
Dealings with water licences
sec.26B
Accepting and deciding applications for dealings with water licences to take or interfere with surface water
sec.26B Accepting and deciding applications for dealings with water licences to take or interfere with surface water
This section applies to the chief executive in making a decision about an application for 1 or more dealings with a water licence to take or interfere with surface water, other than an application to which section 26 applies.
The chief executive may accept and decide the application if granting the application would not do any of the following—
increase the volumetric limit for surface water taken under the licence;
increase the interference with surface water under the licence;
for an application relating to an unzoned water licence—
change a location from which surface water may be taken under the licence; or
change a condition of the licence, other than by removing a water storage condition.
In this section—
unzoned water licence means a water licence under which surface water may be taken from land that is not in or adjacent to a water licence zone.
s 26B ins 2017 SL No. 7 s 13
amd 2019 SL No. 120 s 16
(sec.26B-ssec.1) This section applies to the chief executive in making a decision about an application for 1 or more dealings with a water licence to take or interfere with surface water, other than an application to which section 26 applies.
(sec.26B-ssec.2) The chief executive may accept and decide the application if granting the application would not do any of the following— increase the volumetric limit for surface water taken under the licence; increase the interference with surface water under the licence; for an application relating to an unzoned water licence— change a location from which surface water may be taken under the licence; or change a condition of the licence, other than by removing a water storage condition.
(sec.26B-ssec.3) In this section— unzoned water licence means a water licence under which surface water may be taken from land that is not in or adjacent to a water licence zone.
(a) increase the volumetric limit for surface water taken under the licence;
(b) increase the interference with surface water under the licence;
(c) for an application relating to an unzoned water licence— (i) change a location from which surface water may be taken under the licence; or (ii) change a condition of the licence, other than by removing a water storage condition.
(i) change a location from which surface water may be taken under the licence; or
(ii) change a condition of the licence, other than by removing a water storage condition.
(i) change a location from which surface water may be taken under the licence; or
(ii) change a condition of the licence, other than by removing a water storage condition.
sec.27
Deciding applications to increase maximum rate for water licences
sec.27 Deciding applications to increase maximum rate for water licences
This section applies to the chief executive in making a decision about an application to increase the maximum rate for a water licence to take surface water.
The chief executive may grant the application if—
the existing works for taking surface water under the licence have the capacity to take water at the maximum rate applied for; and
if the existing works include a pump—the maximum rate applied for does not exceed—
for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or
for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.
s 27 prev s 27 om 2014 SL No. 142 s 41
pres s 27 ins 2017 SL No. 7 s 13
amd 2019 SL No. 120 s 17
(sec.27-ssec.1) This section applies to the chief executive in making a decision about an application to increase the maximum rate for a water licence to take surface water.
(sec.27-ssec.2) The chief executive may grant the application if— the existing works for taking surface water under the licence have the capacity to take water at the maximum rate applied for; and if the existing works include a pump—the maximum rate applied for does not exceed— for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.
(a) the existing works for taking surface water under the licence have the capacity to take water at the maximum rate applied for; and
(b) if the existing works include a pump—the maximum rate applied for does not exceed— (i) for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or (ii) for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.
(i) for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or
(ii) for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.
(i) for a pump of a size mentioned in schedule 8 , column 1—the corresponding rate stated in schedule 8 , column 2 for the pump size; or
(ii) for a pump of another size—the rate decided by the chief executive having regard to the corresponding rates stated for similar pump sizes in schedule 8 , column 2.
sec.27A
Deciding applications to change location for taking water under, or condition of, a water licence
sec.27A Deciding applications to change location for taking water under, or condition of, a water licence
This section applies to an application to change the location from which water may be taken under a water licence—
from a location in a water licence zone; and
to another location in the same, or another, water licence zone.
Also, this section applies to an application to change the conditions of a water licence, including an application to which section 27B applies.
For section 43 (2) (i) of the Act , the chief executive may grant the application if the chief executive is satisfied the dealing is permitted under the water management protocol.
This section does not limit section 27B .
s 27A ins 2019 SL No. 120 s 18
(sec.27A-ssec.1) This section applies to an application to change the location from which water may be taken under a water licence— from a location in a water licence zone; and to another location in the same, or another, water licence zone.
(sec.27A-ssec.2) Also, this section applies to an application to change the conditions of a water licence, including an application to which section 27B applies.
(sec.27A-ssec.3) For section 43 (2) (i) of the Act , the chief executive may grant the application if the chief executive is satisfied the dealing is permitted under the water management protocol.
(sec.27A-ssec.4) This section does not limit section 27B .
(a) from a location in a water licence zone; and
(b) to another location in the same, or another, water licence zone.
sec.27B
Deciding application to amend water licence by removing water storage condition
sec.27B Deciding application to amend water licence by removing water storage condition
This section applies in relation to an application to amend a water licence (the existing licence ) by removing a water storage condition of the licence.
If the chief executive grants the application, the chief executive must grant to the applicant a water licence (the separate licence ) to take overland flow water.
The separate licence—
must authorise the taking of overland flow water only from the location at which water was taken or interfered with under the existing licence; and
must state the purpose for which water may be taken under the separate licence, which must be either—
rural; or
any; and
must state at least 1 of the following for the separate licence—
the maximum rate;
the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;
the volumetric limit;
the mean annual volume; and
may state conditions under which overland flow water may be taken under the separate licence.
s 27B (prev s 80A) ins 2017 SL No. 7 s 35
reloc and renum 2019 SL No. 120 s 44
(sec.27B-ssec.1) This section applies in relation to an application to amend a water licence (the existing licence ) by removing a water storage condition of the licence.
(sec.27B-ssec.2) If the chief executive grants the application, the chief executive must grant to the applicant a water licence (the separate licence ) to take overland flow water.
(sec.27B-ssec.3) The separate licence— must authorise the taking of overland flow water only from the location at which water was taken or interfered with under the existing licence; and must state the purpose for which water may be taken under the separate licence, which must be either— rural; or any; and must state at least 1 of the following for the separate licence— the maximum rate; the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; the volumetric limit; the mean annual volume; and may state conditions under which overland flow water may be taken under the separate licence.
(a) must authorise the taking of overland flow water only from the location at which water was taken or interfered with under the existing licence; and
(b) must state the purpose for which water may be taken under the separate licence, which must be either— (i) rural; or (ii) any; and
(i) rural; or
(ii) any; and
(c) must state at least 1 of the following for the separate licence— (i) the maximum rate; (ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence; (iii) the volumetric limit; (iv) the mean annual volume; and
(i) the maximum rate;
(ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;
(iii) the volumetric limit;
(iv) the mean annual volume; and
(d) may state conditions under which overland flow water may be taken under the separate licence.
(i) rural; or
(ii) any; and
(i) the maximum rate;
(ii) the maximum volume of water to be stored in existing overland flow works used to take overland flow water under the licence;
(iii) the volumetric limit;
(iv) the mean annual volume; and
sec.27C
Applications for dealings with water licences inconsistent with this plan— Act , s 129
sec.27C Applications for dealings with water licences inconsistent with this plan— Act , s 129
This section applies for an application for a dealing with a water licence, other than an application to which section 27A applies.
Granting the application would be inconsistent with this plan if granting the application would—
increase the amount of water that may be taken under the licence; or
increase the rate at which water may be taken under the licence; or
change a location of taking or interfering with water under the licence; or
increase or change the interference with water under the licence.
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.
s 27C ins 2019 SL No. 120 s 19
(sec.27C-ssec.1) This section applies for an application for a dealing with a water licence, other than an application to which section 27A applies.
(sec.27C-ssec.2) Granting the application would be inconsistent with this plan if granting the application would— increase the amount of water that may be taken under the licence; or increase the rate at which water may be taken under the licence; or change a location of taking or interfering with water under the licence; or increase or change the interference with water under the licence. 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.
(a) increase the amount of water that may be taken under the licence; or
(b) increase the rate at which water may be taken under the licence; or
(c) change a location of taking or interfering with water under the licence; or
(d) increase or change the interference with water under the licence.
pt.5-div.1D
Applications for water licences to take water for stock purposes or domestic purposes
Applications for water licences to take water for stock purposes or domestic purposes
sec.28
Deciding applications for water licences to take water for stock purposes or domestic purposes
sec.28 Deciding applications for water licences to take water for stock purposes or domestic purposes
This section applies to the chief executive in making a decision about an application for a water licence to take surface water if—
the proposed taking is for—
stock purposes only; or
domestic purposes only; or
stock purposes and domestic purposes only; and
the proposed location for the taking is not in a water allocation zone.
The chief executive may grant the application if the chief executive is satisfied—
the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and
there is no alternative water supply to the proposed location; and
there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and
there is a registered plan of survey for the land containing the proposed location; and
the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act.
Subsection (2) does not limit the matters the chief executive may consider.
In this section—
pre-amendment Act means the Act as in force immediately before 6 December 2016.
pre-amendment resource operations plan means the resource operations plan to implement the pre-amendment water resource plan as in force immediately before 6 December 2016.
pre-amendment water resource plan means this plan as in force immediately before 6 December 2016.
registered plan of survey means a plan of survey registered under the Land Title Act 1994 .
s 28 prev s 28 om 2014 SL No. 142 s 41
pres s 28 ins 2017 SL No. 7 s 13
amd 2019 SL No. 120 s 21
(sec.28-ssec.1) This section applies to the chief executive in making a decision about an application for a water licence to take surface water if— the proposed taking is for— stock purposes only; or domestic purposes only; or stock purposes and domestic purposes only; and the proposed location for the taking is not in a water allocation zone.
(sec.28-ssec.2) The chief executive may grant the application if the chief executive is satisfied— the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and there is no alternative water supply to the proposed location; and there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and there is a registered plan of survey for the land containing the proposed location; and the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act.
(sec.28-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.
(sec.28-ssec.4) In this section— pre-amendment Act means the Act as in force immediately before 6 December 2016. pre-amendment resource operations plan means the resource operations plan to implement the pre-amendment water resource plan as in force immediately before 6 December 2016. pre-amendment water resource plan means this plan as in force immediately before 6 December 2016. registered plan of survey means a plan of survey registered under the Land Title Act 1994 .
(a) the proposed taking is for— (i) stock purposes only; or (ii) domestic purposes only; or (iii) stock purposes and domestic purposes only; and
(i) stock purposes only; or
(ii) domestic purposes only; or
(iii) stock purposes and domestic purposes only; and
(b) the proposed location for the taking is not in a water allocation zone.
(i) stock purposes only; or
(ii) domestic purposes only; or
(iii) stock purposes and domestic purposes only; and
(a) the applicant does not hold a water entitlement allowing the taking of water from the proposed location; and
(b) there is no alternative water supply to the proposed location; and
(c) there is no unallocated water at the proposed location for which the applicant may apply for a water entitlement; and
(d) there is a registered plan of survey for the land containing the proposed location; and
(e) the plan of survey was registered before the final draft of the pre-amendment resource operations plan was approved under section 103 (5) of the pre-amendment Act.
pt.5-div.1E
Grant of water licences provided for in water entitlement notice
Grant of water licences provided for in water entitlement notice
sec.28A
Grant of water licence for taking surface water— Act , s 116
sec.28A Grant of water licence for taking surface water— Act , s 116
This section applies if a water entitlement notice for this plan provides for the grant of a water licence to take or interfere with surface water.
For section 116 (1) of the Act , the chief executive must grant the water licence.
See section 116 (2) of the Act for when the chief executive may grant the water licence without the need for an application to be made under section 107 of the Act .
s 28A ins 2019 SL No. 120 s 22
(sec.28A-ssec.1) This section applies if a water entitlement notice for this plan provides for the grant of a water licence to take or interfere with surface water.
(sec.28A-ssec.2) For section 116 (1) of the Act , the chief executive must grant the water licence. See section 116 (2) of the Act for when the chief executive may grant the water licence without the need for an application to be made under section 107 of the Act .
pt.5-div.2
Unallocated water
Unallocated water
sec.29
Unallocated water held as general, strategic or SunWater reserve
sec.29 Unallocated water held as general, strategic or SunWater reserve
Unallocated water is held as a general reserve, strategic reserve or SunWater reserve and dealt with under this division.
s 29 amd 2014 SL No. 142 s 42
sub 2017 SL No. 7 s 14
sec.30
Volumes of unallocated water held
sec.30 Volumes of unallocated water held
For section 43 (1) (c) of the Act —
the volume of unallocated water held as a general reserve is 200,000ML; and
the volume of unallocated water held as a strategic reserve is 335,000ML; and
the volume of unallocated water held as a SunWater reserve is 8,744ML.
For the volume of unallocated water held as a general reserve, strategic reserve and SunWater reserve for particular subcatchment areas, see the water management protocol.
s 30 amd 2014 SL No. 142 s 43
sub 2017 SL No. 7 s 14 ; 2019 SL No. 120 s 23
(a) the volume of unallocated water held as a general reserve is 200,000ML; and
(b) the volume of unallocated water held as a strategic reserve is 335,000ML; and
(c) the volume of unallocated water held as a SunWater reserve is 8,744ML.
sec.31
Volume of unallocated water held as general reserve or strategic reserve for subcatchment areas
sec.31 Volume of unallocated water held as general reserve or strategic reserve for subcatchment areas
The volume of unallocated water held as a general reserve or a strategic reserve in a subcatchment area is the volume stated for the reserve in the water management protocol for the subcatchment area.
This section does not limit section 30 (a) or (b) .
s 31 sub 2017 SL No. 7 s 14
amd 2020 SL No. 204 s 5
(sec.31-ssec.1) The volume of unallocated water held as a general reserve or a strategic reserve in a subcatchment area is the volume stated for the reserve in the water management protocol for the subcatchment area.
(sec.31-ssec.2) This section does not limit section 30 (a) or (b) .
sec.32
Release of unallocated water held as strategic reserve
sec.32 Release of unallocated water held as strategic reserve
Unallocated water held as a strategic reserve may be released for the following purposes—
35,000ML for State purposes;
150,000ML for a future raising of the Burdekin Falls Dam by up to 2m;
150,000ML for water infrastructure for the Bowen and Broken subcatchment areas for industrial purposes.
s 32 sub 2017 SL No. 7 s 14
(a) 35,000ML for State purposes;
(b) 150,000ML for a future raising of the Burdekin Falls Dam by up to 2m;
(c) 150,000ML for water infrastructure for the Bowen and Broken subcatchment areas for industrial purposes.
sec.33
Releasing unallocated water
sec.33 Releasing unallocated water
Unallocated water may be released from the general reserve, strategic reserve or SunWater reserve under section 33A .
However, the volume of unallocated water released from the strategic reserve for a purpose mentioned in section 32 can not be more than the volume that may be released for the purpose under that section.
s 33 sub 2017 SL No. 7 s 14
(sec.33-ssec.1) Unallocated water may be released from the general reserve, strategic reserve or SunWater reserve under section 33A .
(sec.33-ssec.2) However, the volume of unallocated water released from the strategic reserve for a purpose mentioned in section 32 can not be more than the volume that may be released for the purpose under that section.
sec.33A
Processes for release of unallocated water
sec.33A Processes for release of unallocated water
Subsection (2) applies to the release of unallocated water held as—
a general reserve; or
a strategic reserve for a State purpose.
The process for releasing the unallocated water is the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .
Subsection (4) applies to the release of unallocated water held as—
a strategic reserve for a purpose other than a State purpose; or
a SunWater reserve.
The process for releasing the unallocated water is the process stated in the water management protocol.
s 33A ins 2017 SL No. 7 s 14
(sec.33A-ssec.1) Subsection (2) applies to the release of unallocated water held as— a general reserve; or a strategic reserve for a State purpose.
(sec.33A-ssec.2) The process for releasing the unallocated water is the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .
(sec.33A-ssec.3) Subsection (4) applies to the release of unallocated water held as— a strategic reserve for a purpose other than a State purpose; or a SunWater reserve.
(sec.33A-ssec.4) The process for releasing the unallocated water is the process stated in the water management protocol.
(a) a general reserve; or
(b) a strategic reserve for a State purpose.
(a) a strategic reserve for a purpose other than a State purpose; or
(b) a SunWater reserve.
sec.33B
Unallocated water released for coordinated project or project of regional significance
sec.33B Unallocated water released for coordinated project or project of regional significance
This section applies to a volume of unallocated water released from the strategic reserve for either of the following State purposes—
a coordinated project;
a project of regional significance.
The volume of unallocated water is released only for the life of the project and, on conclusion of the project, the volume of water returns to the strategic reserve as unallocated water to be released for State purposes.
s 33B ins 2017 SL No. 7 s 14
(sec.33B-ssec.1) This section applies to a volume of unallocated water released from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.
(sec.33B-ssec.2) The volume of unallocated water is released only for the life of the project and, on conclusion of the project, the volume of water returns to the strategic reserve as unallocated water to be released for State purposes.
(a) a coordinated project;
(b) a project of regional significance.
pt.5-div.3
Authorisations to take water
Authorisations to take water
sec.34
Limitation on authorisation to take water for prescribed activity— Act , s 101
sec.34 Limitation on authorisation to take water for prescribed activity— Act , s 101
For section 101 (1) of the Act , a person may take not more than 5ML of water in subcatchment area E, F or G for a prescribed activity under the Water Regulation 2016 .
s 34 prev s 34 om 2017 SL No. 7 s 15
pres s 34 ins 2019 SL No. 120 s 24
sec.35
Limitation on authorisation to take water for stock purposes or domestic purposes— Act , s 103
sec.35 Limitation on authorisation to take water for stock purposes or domestic purposes— Act , s 103
For section 103 (a) of the Act —
water in a watercourse in the Burdekin Haughton Water Supply Scheme or the Bowen Broken Water Supply Scheme may only be taken using existing stock or domestic works; and
other water in the plan area may be taken in any way.
In this section—
existing stock or domestic works means works used, before the commencement, to take water from a watercourse for stock purposes or domestic purposes.
s 35 prev s 35 om 2017 SL No. 7 s 15
pres s 35 ins 2019 SL No. 120 s 24
(sec.35-ssec.1) For section 103 (a) of the Act — water in a watercourse in the Burdekin Haughton Water Supply Scheme or the Bowen Broken Water Supply Scheme may only be taken using existing stock or domestic works; and other water in the plan area may be taken in any way.
(sec.35-ssec.2) In this section— existing stock or domestic works means works used, before the commencement, to take water from a watercourse for stock purposes or domestic purposes.
(a) water in a watercourse in the Burdekin Haughton Water Supply Scheme or the Bowen Broken Water Supply Scheme may only be taken using existing stock or domestic works; and
(b) other water in the plan area may be taken in any way.
sec.36
Section sec.36
s 36 om 2017 SL No. 7 s 15
sec.37
Section sec.37
s 37 om 2017 SL No. 7 s 15
sec.38
Section sec.38
s 38 om 2017 SL No. 7 s 15
sec.39
Section sec.39
s 39 om 2017 SL No. 7 s 15
sec.40
Section sec.40
s 40 om 2017 SL No. 7 s 15
sec.41
Section sec.41
s 41 om 2017 SL No. 7 s 15
sec.42
Section sec.42
s 42 om 2017 SL No. 7 s 15
sec.43
Section sec.43
s 43 om 2017 SL No. 7 s 15
sec.44
Section sec.44
s 44 om 2017 SL No. 7 s 15
sec.45
Section sec.45
s 45 om 2017 SL No. 7 s 15
sec.46
Section sec.46
s 46 om 2017 SL No. 7 s 15
pt.5-div.4
sec.47
Section sec.47
s 47 om 2014 SL No. 142 s 44
sec.48
Section sec.48
s 48 om 2014 SL No. 142 s 44
sec.49
Section sec.49
s 49 om 2014 SL No. 142 s 44
sec.50
Section sec.50
s 50 om 2014 SL No. 142 s 44
pt.5-div.5
sec.51
Section sec.51
s 51 om 2014 SL No. 142 s 44
sec.52
Section sec.52
s 52 om 2014 SL No. 142 s 44
sec.53
Section sec.53
s 53 om 2014 SL No. 142 s 44
pt.5-div.6
Converting water licences to water allocations to take unsupplemented water
Converting water licences to water allocations to take unsupplemented water
sec.54
Purpose of division
sec.54 Purpose of division
This division states, for section 43 (2) (g) of the Act , arrangements and process for converting, under a water entitlement notice for this plan, particular water licences to water allocations to take unsupplemented water.
s 54 sub 2017 SL No. 7 s 17 ; 2019 SL No. 120 s 26
sec.55
Existing water licences may be converted to water allocations
sec.55 Existing water licences may be converted to water allocations
A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for the conversion of a water licence to take unsupplemented water from the Upper Burdekin water management area or the Cape Campaspe water management area to a water allocation (a new water allocation ) to take unsupplemented water.
In a provision about a new water allocation, a reference to a water licence is a reference to the water licence that is converted to the new water allocation.
s 55 sub 2019 SL No. 120 s 26
(sec.55-ssec.1) A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for the conversion of a water licence to take unsupplemented water from the Upper Burdekin water management area or the Cape Campaspe water management area to a water allocation (a new water allocation ) to take unsupplemented water.
(sec.55-ssec.2) In a provision about a new water allocation, a reference to a water licence is a reference to the water licence that is converted to the new water allocation.
sec.56
Matters to be stated on new water allocation
sec.56 Matters to be stated on new water allocation
A new water allocation must state the following—
the location from which water may be taken under the allocation;
the water allocation zone in which the location is situated;
the maximum rate for the allocation;
the volumetric limit for the allocation;
the purpose for which water may be taken under the allocation;
any conditions of the water allocation.
s 56 amd 2017 SL No. 7 s 18
sub 2019 SL No. 120 s 26
(a) the location from which water may be taken under the allocation;
(b) the water allocation zone in which the location is situated;
(c) the maximum rate for the allocation;
(d) the volumetric limit for the allocation;
(e) the purpose for which water may be taken under the allocation;
(f) any conditions of the water allocation.
sec.57
Location from which water may be taken under new water allocation
sec.57 Location from which water may be taken under new water allocation
The location from which water may be taken under a new water allocation must—
include the place at which water may be taken under the water licence; and
be in a water allocation zone.
s 57 prev s 57 om 2014 SL No. 142 s 45
pres s 57 ins 2019 SL No. 120 s 26
(a) include the place at which water may be taken under the water licence; and
(b) be in a water allocation zone.
sec.58
Purpose for which water may be taken under new water allocation
sec.58 Purpose for which water may be taken under new water allocation
The purpose for which water may be taken under a new water allocation must be ‘any’.
s 58 prev s 58 om 2014 SL No. 142 s 45
pres s 58 ins 2019 SL No. 120 s 26
sec.59
Section sec.59
s 59 om 2014 SL No. 142 s 45
sec.60
Section sec.60
s 60 om 2014 SL No. 142 s 45
sec.61
Section sec.61
s 61 om 2014 SL No. 142 s 45
sec.62
Section sec.62
s 62 om 2017 SL No. 7 s 20
sec.63
Elements of a new water allocation
sec.63 Elements of a new water allocation
A new water allocation must state each of the following for the allocation—
the per-second rate;
the maximum rate;
the volumetric limit;
the flow conditions.
s 63 sub 2014 SL No. 142 s 46 ; 2017 SL No. 7 s 21
amd 2019 SL No. 120 s 27
(a) the per-second rate;
(b) the maximum rate;
(c) the volumetric limit;
(d) the flow conditions.
sec.64
Nominal volumes for new water allocations
sec.64 Nominal volumes for new water allocations
In deciding the nominal volume for a new water allocation, the chief executive must have regard to the following—
the local availability of water;
the conditions under which water may be taken under the water licence;
if the water licence states any volumetric limits—the volumetric limits;
the simulated mean annual diversion for the water licence.
s 64 amd 2017 SL No. 7 s 22 ; 2019 SL No. 120 s 28
(a) the local availability of water;
(b) the conditions under which water may be taken under the water licence;
(c) if the water licence states any volumetric limits—the volumetric limits;
(d) the simulated mean annual diversion for the water licence.
sec.65
Section sec.65
s 65 sub 2017 SL No. 7 s 23
om 2019 SL No. 120 s 28
sec.66
Maximum rate
sec.66 Maximum rate
The maximum rate for a new water allocation is—
if the water licence states the volume of water that may be taken in a day—the stated volume; or
if the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; or
There are 86,400 seconds in a day.
if the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump—
for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or
for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
otherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.
However, for subsection (1) (b) , if the water licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following—
the conditions under which the water may be taken under the water licence;
the water taking capacity of any works for taking water under the water licence;
the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published;
the efficiency of the water use mentioned in paragraph (c) .
The chief executive must ensure the maximum rate for a new water allocation is not more than the volume that could be taken in a day at the per-second rate for the new water allocation.
s 66 sub 2017 SL No. 7 s 23
amd 2019 SL No. 120 s 30
(sec.66-ssec.1) The maximum rate for a new water allocation is— if the water licence states the volume of water that may be taken in a day—the stated volume; or if the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; or There are 86,400 seconds in a day. if the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump— for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or otherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.
(sec.66-ssec.2) However, for subsection (1) (b) , if the water licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the water licence; the water taking capacity of any works for taking water under the water licence; the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published; the efficiency of the water use mentioned in paragraph (c) .
(sec.66-ssec.3) The chief executive must ensure the maximum rate for a new water allocation is not more than the volume that could be taken in a day at the per-second rate for the new water allocation.
(a) if the water licence states the volume of water that may be taken in a day—the stated volume; or
(b) if the water licence states a per-second rate—the maximum rate worked out by multiplying the per-second rate by 86,400; or Note— There are 86,400 seconds in a day.
(c) if the water licence does not state a volume or a per-second rate, but the works for taking water under the water licence include a pump— (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
(i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or
(ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
(d) otherwise—the maximum rate decided by the chief executive, having regard to an estimate or measurement of the maximum rate at which water can be taken under the water licence.
(i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or
(ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
(a) the conditions under which the water may be taken under the water licence;
(b) the water taking capacity of any works for taking water under the water licence;
(c) the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the draft water entitlement notice that provided for the conversion of the water licence was published;
(d) the efficiency of the water use mentioned in paragraph (c) .
sec.67
Volumetric limits
sec.67 Volumetric limits
The volumetric limit for a new water allocation is—
for a water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
for another water licence—the volume decided by the chief executive having regard to the following—
the conditions under which water may be taken under the water licence;
the water taking capacity of any works for taking water under the water licence;
the volume required for the allocation’s intended purpose;
the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the use of the water mentioned in subparagraph (iv) .
s 67 amd 2017 SL No. 7 s 24 ; 2019 SL No. 120 s 31
(a) for a water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
(b) for another water licence—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the water licence; (ii) the water taking capacity of any works for taking water under the water licence; (iii) the volume required for the allocation’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the water licence;
(ii) the water taking capacity of any works for taking water under the water licence;
(iii) the volume required for the allocation’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the water licence;
(ii) the water taking capacity of any works for taking water under the water licence;
(iii) the volume required for the allocation’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the water licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
sec.68
Conditions
sec.68 Conditions
The chief executive may impose on a new water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.
In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the water licence.
s 68 amd 2017 SL No. 7 s 25 ; 2019 SL No. 120 s 32
(sec.68-ssec.1) The chief executive may impose on a new water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.
(sec.68-ssec.2) In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the water licence.
sec.69
Water allocation groups
sec.69 Water allocation groups
The water allocation group for a new water allocation is stated in schedule 8A , column 2 opposite the subcatchment area from which water may be taken under the allocation.
s 69 amd 2017 SL No. 7 s 26
sub 2019 SL No. 120 s 33
pt.5-div.7
Water licences to take or interfere with unsupplemented water
Water licences to take or interfere with unsupplemented water
sec.70
Application of division
sec.70 Application of division
This division applies only to water licences to take or interfere with unsupplemented water that is surface water.
s 70 amd 2019 SL No. 120 s 34
sec.71
Water licences to take unsupplemented water
sec.71 Water licences to take unsupplemented water
A water licence to take unsupplemented water must state the following—
the purpose for which water may be taken under the licence, which must be 1 of the following—
stock and domestic;
rural;
any;
the maximum rate for the licence;
the volumetric limit for the licence.
s 71 sub 2014 SL No. 142 s 47
amd 2017 SL No. 7 s 27 ; 2019 SL No. 120 s 35
(a) the purpose for which water may be taken under the licence, which must be 1 of the following— (i) stock and domestic; (ii) rural; (iii) any;
(i) stock and domestic;
(ii) rural;
(iii) any;
(b) the maximum rate for the licence;
(c) the volumetric limit for the licence.
(i) stock and domestic;
(ii) rural;
(iii) any;
sec.72
Purpose to be stated on water licence to take unsupplemented water
sec.72 Purpose to be stated on water licence to take unsupplemented water
The purpose stated on a water licence to take unsupplemented water, replacing an existing licence, must be—
if the purpose stated on the existing licence is stock purposes or domestic purposes—‘stock and domestic’; or
if the purpose stated on the existing licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
otherwise—‘any’.
s 72 amd 2019 SL No. 120 s 36
(a) if the purpose stated on the existing licence is stock purposes or domestic purposes—‘stock and domestic’; or
(b) if the purpose stated on the existing licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
(c) otherwise—‘any’.
sec.73
Section sec.73
s 73 sub 2014 SL No. 142 s 48 ; 2017 SL No. 7 s 28
om 2019 SL No. 120 s 37
sec.74
Maximum rates for water licences to take unsupplemented water
sec.74 Maximum rates for water licences to take unsupplemented water
The maximum rate for a water licence to take unsupplemented water is—
if the licence states the volume of water that may be taken in a day—the stated volume; or
if the licence does not state a volume but the works for taking water under the licence include a pump—
for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or
for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
otherwise—the maximum rate decided by the chief executive having regard to—
the type of licence; and
an estimate or measurement of the maximum rate at which water can be taken under the licence.
However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following—
the conditions under which the water may be taken under the licence;
the water taking capacity of any works for taking water under the licence;
the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the water use mentioned in paragraph (c) .
Also, if the water licence states a per-second rate, the chief executive must ensure the maximum rate for the licence is not more than the total volume that could be taken in a day at the per-second rate.
s 74 sub 2014 SL No. 142 s 48 ; 2017 SL No. 7 s 28
amd 2019 SL No. 120 s 38
(sec.74-ssec.1) The maximum rate for a water licence to take unsupplemented water is— if the licence states the volume of water that may be taken in a day—the stated volume; or if the licence does not state a volume but the works for taking water under the licence include a pump— for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or otherwise—the maximum rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the maximum rate at which water can be taken under the licence.
(sec.74-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the maximum rate determined under that subsection, the maximum rate is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the licence; the water taking capacity of any works for taking water under the licence; the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .
(sec.74-ssec.3) Also, if the water licence states a per-second rate, the chief executive must ensure the maximum rate for the licence is not more than the total volume that could be taken in a day at the per-second rate.
(a) if the licence states the volume of water that may be taken in a day—the stated volume; or
(b) if the licence does not state a volume but the works for taking water under the licence include a pump— (i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or (ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
(i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or
(ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
(c) otherwise—the maximum rate decided by the chief executive having regard to— (i) the type of licence; and (ii) an estimate or measurement of the maximum rate at which water can be taken under the licence.
(i) the type of licence; and
(ii) an estimate or measurement of the maximum rate at which water can be taken under the licence.
(i) for a pump of a size mentioned in schedule 8 , column 1—the maximum rate stated in schedule 8 , column 2 for the pump size; or
(ii) for a pump of another size—the maximum rate decided by the chief executive having regard to the maximum rates stated for similar pump sizes in schedule 8 , column 2; or
(i) the type of licence; and
(ii) an estimate or measurement of the maximum rate at which water can be taken under the licence.
(a) the conditions under which the water may be taken under the licence;
(b) the water taking capacity of any works for taking water under the licence;
(c) the irrigation or water distribution system related to the works during a period, of not more than 10 years, immediately before the commencement of this plan;
(d) the efficiency of the water use mentioned in paragraph (c) .
sec.75
Volumetric limits for water licences to take unsupplemented water
sec.75 Volumetric limits for water licences to take unsupplemented water
The volumetric limit for a water licence to take unsupplemented water is—
for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—
for subcatchment areas A and B—8; and
for subcatchment area C—9; and
for subcatchment area D—6; and
for other subcatchment areas—12; and
for another licence—the volume decided by the chief executive having regard to the following—
the conditions under which water may be taken under the licence;
the water taking capacity of any works for taking water under the licence;
the volume required for the licence’s intended purpose;
the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the use of the water mentioned in subparagraph (iv) .
s 75 amd 2017 SL No. 7 s 29
(a) for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
(b) for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for subcatchment areas A and B—8; and (ii) for subcatchment area C—9; and (iii) for subcatchment area D—6; and (iv) for other subcatchment areas—12; and
(i) for subcatchment areas A and B—8; and
(ii) for subcatchment area C—9; and
(iii) for subcatchment area D—6; and
(iv) for other subcatchment areas—12; and
(c) for another licence—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the licence;
(ii) the water taking capacity of any works for taking water under the licence;
(iii) the volume required for the licence’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) for subcatchment areas A and B—8; and
(ii) for subcatchment area C—9; and
(iii) for subcatchment area D—6; and
(iv) for other subcatchment areas—12; and
(i) the conditions under which water may be taken under the licence;
(ii) the water taking capacity of any works for taking water under the licence;
(iii) the volume required for the licence’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
sec.76
Conditions for taking unsupplemented water
sec.76 Conditions for taking unsupplemented water
The chief executive may impose on a water licence to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.
In deciding the flow conditions under which water may be taken under the licence, the chief executive must have regard to the conditions stated on the licence.
(sec.76-ssec.1) The chief executive may impose on a water licence to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of this plan are achieved.
(sec.76-ssec.2) In deciding the flow conditions under which water may be taken under the licence, the chief executive must have regard to the conditions stated on the licence.
sec.77
Storing unsupplemented water taken under a water licence
sec.77 Storing unsupplemented water taken under a water licence
Without limiting section 76 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.
In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.
(sec.77-ssec.1) Without limiting section 76 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.
(sec.77-ssec.2) In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.
sec.78
Section sec.78
s 78 om 2017 SL No. 7 s 30
pt.5-div.8
Overland flow water
Overland flow water
sec.79
Limitation on taking overland flow water— Act , s 101
sec.79 Limitation on taking overland flow water— Act , s 101
This section prescribes limits, for section 101 (1) (b) of the Act , on an authorisation for a person to take overland flow water under that section.
See section 101 (3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off.
A person may not take overland flow water other than—
for stock purposes or domestic purposes; or
for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or
under a water licence; or
overland flow water of not more than the amount necessary to satisfy the requirements of—
an environmental authority issued under the Environmental Protection Act 1994 ; or
a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
under an authority under section 80 .
In this section—
contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.
A copy of the code is available on the department’s website.
s 79 amd 2013 Act No. 23 s 352 sch 1 pt 2 ; 2017 SL No. 7 s 31 ; 2019 SL No. 120 s 41
(sec.79-ssec.1) This section prescribes limits, for section 101 (1) (b) of the Act , on an authorisation for a person to take overland flow water under that section. See section 101 (3) of the Act for the circumstances in which a person may take overland flow water that is contaminated agricultural run-off.
(sec.79-ssec.2) A person may not take overland flow water other than— for stock purposes or domestic purposes; or for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or under an authority under section 80 .
(sec.79-ssec.3) In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.
(a) for stock purposes or domestic purposes; or
(b) for another purpose if the works for taking the overland flow water have a capacity of not more than 250ML; or
(c) under a water licence; or
(d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(e) under an authority under section 80 .
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
sec.80
Taking water using particular existing overland flow works authorised
sec.80 Taking water using particular existing overland flow works authorised
This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 79 (2) (a) to (d) .
The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the amendment day.
Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.
In this section—
amendment day means the day the Water Amendment Plan (Burdekin Basin) 2019 commences.
s 80 amd 2017 SL No. 7 s 33 ; 2019 SL No. 120 s 42
(sec.80-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 79 (2) (a) to (d) .
(sec.80-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the amendment day.
(sec.80-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.
(sec.80-ssec.4) In this section— amendment day means the day the Water Amendment Plan (Burdekin Basin) 2019 commences.
sec.81
Section sec.81
s 81 ins 2017 SL No. 7 s 36
om 2020 SL No. 204 s 6
pt.5-div.9
sec.82
Section sec.82
s 82 amd 2009 SL No. 280 s 157 ; 2011 Act No. 40 s 107 sch
om 2016 SL No. 216 s 146 sch 20
sec.82A
Section sec.82A
s 82A ins 2010 SL No. 261 s 3
om 2016 SL No. 216 s 146 sch 20
pt.6
Monitoring and reporting requirements
Monitoring and reporting requirements
sec.83
Monitoring and reporting requirements
sec.83 Monitoring and reporting requirements
To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the water management protocol must state the monitoring requirements for water and natural ecosystems for this plan.
Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.
s 83 sub 2014 SL No. 142 s 49
amd 2017 SL No. 7 s 37
(sec.83-ssec.1) To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the water management protocol must state the monitoring requirements for water and natural ecosystems for this plan.
(sec.83-ssec.2) Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.
sec.84
Section sec.84
s 84 sub 2014 SL No. 142 s 49
om 2016 SL No. 216 s 146 sch 20
sec.85
Section sec.85
s 85 om 2014 SL No. 142 s 49
pt.7
Implementing and amending this plan
Implementing and amending this plan
sec.86
Water management protocol— Act , s 43
sec.86 Water management protocol— Act , s 43
For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.
The water management protocol must address the following matters for the plan area—
the volumes of unallocated water reserved for stated purposes or stated locations;
the process for releasing unallocated water held as SunWater reserve;
the water allocation dealing rules that apply to the plan area;
for sections 126 (1) (b) and 130 (1) (c) of the Act , the dealings to amend a water licence to change the location from which water may be taken under the licence that are permitted;
the criteria and process for deciding an application for a dealing with a water licence mentioned in section 27A .
s 86 prev s 86 om 2014 SL No. 142 s 49
pres s 86 ins 2019 SL No. 120 s 50
(sec.86-ssec.1) For section 43 (2) (l) of the Act , a water management protocol must be prepared for the plan area.
(sec.86-ssec.2) The water management protocol must address the following matters for the plan area— the volumes of unallocated water reserved for stated purposes or stated locations; the process for releasing unallocated water held as SunWater reserve; the water allocation dealing rules that apply to the plan area; for sections 126 (1) (b) and 130 (1) (c) of the Act , the dealings to amend a water licence to change the location from which water may be taken under the licence that are permitted; the criteria and process for deciding an application for a dealing with a water licence mentioned in section 27A .
(a) the volumes of unallocated water reserved for stated purposes or stated locations;
(b) the process for releasing unallocated water held as SunWater reserve;
(c) the water allocation dealing rules that apply to the plan area;
(d) for sections 126 (1) (b) and 130 (1) (c) of the Act , the dealings to amend a water licence to change the location from which water may be taken under the licence that are permitted;
(e) the criteria and process for deciding an application for a dealing with a water licence mentioned in section 27A .
sec.87
Amendments of a type not requiring public consultation— Act , s 51
sec.87 Amendments of a type not requiring public consultation— Act , s 51
For section 51 (2) (a) of the Act , the following types of amendment to this plan do not require public consultation on a draft of the plan—
an amendment or addition of—
an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or
a node; or
a priority group; or
a water allocation group; or
a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or
a water management area;
an amendment of the capacity mentioned in section 79 (2) (b) ;
an amendment to subdivide a subcatchment area.
s 87 amd 2014 SL No. 142 s 50
sub 2017 SL No. 7 s 38
(a) an amendment or addition of— (i) an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or (ii) a node; or (iii) a priority group; or (iv) a water allocation group; or (v) a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or (vi) a water management area;
(i) an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or
(ii) a node; or
(iii) a priority group; or
(iv) a water allocation group; or
(v) a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or
(vi) a water management area;
(b) an amendment of the capacity mentioned in section 79 (2) (b) ;
(c) an amendment to subdivide a subcatchment area.
(i) an environmental flow objective, if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ; or
(ii) a node; or
(iii) a priority group; or
(iv) a water allocation group; or
(v) a water allocation security objective, if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ; or
(vi) a water management area;
pt.8
Transitional provision for Water Plan (Burdekin Basin) (Applications for Water Licences) Amendment Plan 2020
Transitional provision for Water Plan (Burdekin Basin) (Applications for Water Licences) Amendment Plan 2020
sec.88
Application of s 26A
sec.88 Application of s 26A
Section 26A, as in force on the commencement, applies to an application for a water licence made before or after the commencement.
From the commencement, section 26A includes particular resource operation plan provisions of a kind mentioned in section 1264 (c) of the Act . For how the provisions were taken to have effect for the purposes of this plan before the commencement, see sections 1259 (2) (e) and (7) of the Act .
s 88 prev s 88 amd 2009 SL No. 280 s 158 ; 2014 SL No. 142 s 51 ; 2016 SL No. 216 s 146 sch 20
om 2017 SL No. 7 s 38
pres s 88 ins 2020 SL No. 204 s 7
sec.89
Section sec.89
s 89 om 2017 SL No. 7 s 38
sch.5-pt.1
Low flow objectives
Low flow objectives
sch.5-sec
Table 1
sch.5-sec Table 1
At each node mentioned in table 1, column 1—
the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and
the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and
the percentage of the total number of days in the simulation period that the daily flow is zero be not more than the percentage stated, for the node, in table 1, column 4.
Column 1
Column 2
Column 3
Column 4
Node
Percentage
Percentage
Percentage
1
24
65
5
2
15
26
66
8
44
69
15
10
25
41
49
11
32
52
35
12
32
62
15
At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2.
Column 1
Column 2
Node
Water flow season
January–
March water flow season percentage
April–
June water flow season percentage
July–
September water flow season percentage
October–
December water flow season percentage
1
92
84
45
44
2
64
29
4
9
12
85
81
46
35
At each node mentioned in table 3, column 1—
the number of periods of no flow of more than 1 month but not more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 2; and
the number of periods of no flow of more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 3.
Column 1
Column 2
Column 3
Node
Periods of no flow of more than 1 month but not more than 6 months
Periods of no flow of more than 6 months
1
11
0
2
144
43
8
57
1
10
165
3
11
118
1
12
54
2
(sch.5-sec-ssec.1) At each node mentioned in table 1, column 1— the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and the percentage of the total number of days in the simulation period that the daily flow is zero be not more than the percentage stated, for the node, in table 1, column 4. Column 1 Column 2 Column 3 Column 4 Node Percentage Percentage Percentage 1 24 65 5 2 15 26 66 8 44 69 15 10 25 41 49 11 32 52 35 12 32 62 15
(sch.5-sec-ssec.2) At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2. Column 1 Column 2 Node Water flow season January– March water flow season percentage April– June water flow season percentage July– September water flow season percentage October– December water flow season percentage 1 92 84 45 44 2 64 29 4 9 12 85 81 46 35
(sch.5-sec-ssec.3) At each node mentioned in table 3, column 1— the number of periods of no flow of more than 1 month but not more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 2; and the number of periods of no flow of more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 3. Column 1 Column 2 Column 3 Node Periods of no flow of more than 1 month but not more than 6 months Periods of no flow of more than 6 months 1 11 0 2 144 43 8 57 1 10 165 3 11 118 1 12 54 2
(a) the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and
(b) the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and
(c) the percentage of the total number of days in the simulation period that the daily flow is zero be not more than the percentage stated, for the node, in table 1, column 4.
(a) the number of periods of no flow of more than 1 month but not more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 2; and
(b) the number of periods of no flow of more than 6 months in the simulation period be not more than the number stated for the node in table 3, column 3.
sch.5-pt.2
Medium to high flow objectives
Medium to high flow objectives
sch.5-sec-oc.2
Table 4
sch.5-sec-oc.2 Table 4
At each node mentioned in table 4, column 1—
the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and
the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and
the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and
the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and
the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Node
Mean annual flow percentage
Median annual flow percentage
1.5 year daily flow volume
percentage
5 year daily flow volume percentage
20 year daily flow volume percentage
1
75
59
50
79
86
2
92
88
95
—
—
8
97
96
99
—
—
10
98
97
98
99
99
11
92
88
94
96
98
12
82
80
92
86
86
At each node mentioned in table 5, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in table 5, column 2.
Column 1
Column 2
Node
Annual proportional flow deviation
1
2.9
2
1.8
10
0.2
11
1
12
1.2
(sch.5-sec-oc.2-ssec.1) At each node mentioned in table 4, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Node Mean annual flow percentage Median annual flow percentage 1.5 year daily flow volume percentage 5 year daily flow volume percentage 20 year daily flow volume percentage 1 75 59 50 79 86 2 92 88 95 — — 8 97 96 99 — — 10 98 97 98 99 99 11 92 88 94 96 98 12 82 80 92 86 86 At each node mentioned in table 5, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in table 5, column 2. Column 1 Column 2 Node Annual proportional flow deviation 1 2.9 2 1.8 10 0.2 11 1 12 1.2
(a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and
(b) the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and
(c) the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and
(d) the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and
(e) the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.
2 At each node mentioned in table 5, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in table 5, column 2.
sch.6-pt.1
Supplemented water
Supplemented water
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This water plan may be cited as the Water Plan (Burdekin Basin) 2007 .
s 1 sub 2014 Act No. 64 s 255 sch 2
sec.2 Purposes of plan
sec.2 Purposes of plan
The following are the purposes of this plan—
to define the availability of water in the plan area;
to provide a framework for sustainably managing water and the taking of water;
to identify priorities and mechanisms for dealing with future water requirements;
to provide a framework for establishing water allocations;
to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
to regulate the taking of overland flow water.
(a) to define the availability of water in the plan area;
(b) to provide a framework for sustainably managing water and the taking of water;
(c) to identify priorities and mechanisms for dealing with future water requirements;
(d) to provide a framework for establishing water allocations;
(e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
(f) to regulate the taking of overland flow water.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 10 defines particular words used in this plan.
sec.3A Meaning of existing overland flow works
sec.3A Meaning of existing overland flow works
Works to take overland flow water are existing overland flow works if the works—
were in existence on 17 January 2002; or
were started, but not completed, by 17 January 2002 and either—
if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or
if subparagraph (i) does not apply—were completed by 30 June 2002; or
are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.
Also, works that are a reconfiguration of works mentioned in subsection (1) ( reconfigured works ) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.
In this section—
average annual volume , of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period—
starting on the later of the following days (the start date )—
the day the water was first taken using the works before the works were reconfigured;
3 August 1997; and
ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.
repealed , for a section of the Act , means the section as in force from time to time before 6 December 2016.
section 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act .
section 42 moratorium notice means the moratorium notice—
published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and
as amended on 25 July 2002.
s 3A ins 2019 SL No. 120 s 3
(sec.3A-ssec.1) Works to take overland flow water are existing overland flow works if the works— were in existence on 17 January 2002; or were started, but not completed, by 17 January 2002 and either— if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or if subparagraph (i) does not apply—were completed by 30 June 2002; or are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.
(sec.3A-ssec.2) Also, works that are a reconfiguration of works mentioned in subsection (1) ( reconfigured works ) are existing overland flow works if the reconfiguration does not increase the average annual volume of water taken using the works before their reconfiguration.
(sec.3A-ssec.3) In this section— average annual volume , of overland flow water taken using reconfigured works, is the average volume of the water taken in a year using the works during the period— starting on the later of the following days (the start date )— the day the water was first taken using the works before the works were reconfigured; 3 August 1997; and ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured. repealed , for a section of the Act , means the section as in force from time to time before 6 December 2016. section 26 moratorium notice means a moratorium notice published under repealed section 26 of the Act . section 42 moratorium notice means the moratorium notice— published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and as amended on 25 July 2002.
Who decides and what changes in behaviour are explicit. The chief executive makes the substantive licensing and condition decisions specified by the plan, including imposing conditions to deliver plan outcomes (s 68, s 76), deciding volumetric limits and maximum rates for allocations and licences (s 66-67, s 74-75), and approving alternate assessment methods to IQQM where appropriate (s 20). The Minister is to be assisted by monitoring requirements stated in the water management protocol (s 83). The plan creates procedural duties for applicants and existing users: owners of existing overland flow works who wish to continue use must give notice in an approved form and provide requested information to the chief executive (s 80); applicants for licences replacing authorities must provide detailed reports and may be required to have those reports verified by a registered professional engineer (s 25B). The plan replaces, constrains and channels private choices: it limits the circumstances in which overland flow may be taken without a licence (s 79), prescribes caps and rules for small storages and pumping pools (s 26), restricts the acceptance of some licence applications (s 26A, s 26B), and sets the content and elements that must appear on converted water allocations (ss 56-63).
The plan therefore functions as an integrated instrument that translates high‑level purposes into enforceable administrative content, numeric environmental targets and allocation mechanics, while delegating detailed implementation choices and many operational judgements to the chief executive and to subsidiary instruments such as the water management protocol (s 86).
Main concepts
The plan organises its regulatory architecture around a small set of foundational concepts that recur across multiple provisions.
Plan area and mapped units, which determine spatial application: plan area (s 4), subcatchment areas (s 5), water management areas (s 6), water allocation zones (s 7), water licence zones (s 7A), and nodes (s 9). The department holds the exact boundary information in digital form and can scale it (s 8). The plan therefore attaches legal consequence to map units and requires users to refer to departmental digital boundaries to determine applicability (s 8).
Types of water regulated: surface water (watercourse, lake), springs (subject to a carve-out for the Great Artesian Basin plan), and overland flow water (s 10). The plan includes specific declarations about when groundwater in aquifers counts as water in a watercourse for certain areas (Giru Benefited Groundwater Area and subcatchment areas E, F, G) (s 7C).
Outcomes and objectives: the plan separates outcomes (part 3) from objectives and performance indicators (part 4). Outcomes are framed as a balance between general outcomes (use of entitlements, continued use of existing overland flow works, availability for population and industry growth, protection of allocation probability, and support for ecosystems and cultural values) (s 12), general ecological outcomes (flow variability, connectivity, refugia, floodplain flooding for the Burdekin Haughton floodplain, flows to estuaries and the Great Barrier Reef Lagoon) (s 13), and specific ecological outcomes (connectivity downstream of Charters Towers Weir to Burdekin Falls Dam, fish passage objectives and minimising impacts in particular reaches) (s 14).
Environmental flow objectives and performance indicators: objectives are stated in schedule 5 and performance indicators are enumerated in s 15 (low flow indicators and medium‑to‑high flow indicators). Schedule 5 then specifies numeric thresholds for particular nodes and seasons, including 50% and 80% non-zero daily flows, periods of no flow, mean and median annual flows as percentages of pre‑development patterns, and multi‑year flow volumes (schedule 5).
Water allocation security objectives and performance indicators: s 17 lists the performance indicators for supplemented and unsupplemented water (for subcatchments A-D, F-G different indicators apply), while schedule 6 sets the numeric targets and priority group performance requirements for supplemented water sharing indices and unsupplemented water sharing indices and annual volume probabilities.
Existing overland flow works and conversion processes: the plan defines what counts as existing overland flow works using historical dates and moratorium notice references (s 3A). A process is laid out for replacing authorities with water licences (ss 25A-25D), including notice requirements, reporting obligations, and content requirements for the new licences (maximum rate, volumetric limits, mean annual volumes, and conditions) (ss 25B-25D).
Unallocated water governance: the plan defines reserves and fixed volumes (s 30), sets subcatchment‑level volumes to be recorded in the water management protocol (s 31), prescribes specific releases from the strategic reserve for State and infrastructure purposes (s 32), and prescribes processes for release (s 33A). It also provides for the temporary release of strategic reserve water for coordinated projects or projects of regional significance on a life‑of‑project basis, after which the water returns to the strategic reserve (s 33B).
Administrative control and discretion: the plan repeatedly uses the chief executive as the decision maker with broad statutory discretion to impose conditions necessary to achieve plan purposes and outcomes (ss 68, 76), to set maximum rates and volumetric limits (ss 66-67, 74-75), and to decide which methods can be used to assess consistency with objectives (s 20). The water management protocol is required to operationalise many matters and to state monitoring requirements (ss 86, 83).
These concepts frame the plan as a mapping of environmental targets to operational water allocation rules, reserves, and administrative procedures. The plan uses fixed numerical reserves and node‑specific flow performance indicators to make ecological goals and allocation security objectives measurable, while vesting implementation discretion and technical assessment methods (IQQM by default) in the executive branch.
Who it affects
The plan identifies and channels obligations and opportunities to multiple groups, and names decision makers.
Existing entitlement holders and licence holders: the plan protects the continued use of all water entitlements and authorisations as a general outcome (s 12(a)). It provides processes for converting existing water licences to water allocations (ss 54-69), and for replacing authorities to take overland flow with water licences (ss 25A-25D). Holders affected by conversions must expect that new water allocations will state location, water allocation zone, maximum rate, volumetric limit, purpose and conditions (s 56). Licence holders whose licences are to be converted must note the chief executive’s power to determine nominal volumes, maximum rates and volumetric limits based on licence history and technical data (ss 64-67).
Owners of existing overland flow works: the plan preserves the continued use of existing overland flow works subject to the definition in s 3A and the requirements of s 80. An owner may continue to use works for one year after the amendment day, and may continue beyond that if the owner gives notice in the approved form and provides further information reasonably required by the chief executive (s 80). The plan requires specific evidentiary material where a replacement licence is proposed, and may require verification by a registered professional engineer for reports about operation and capacity (s 25B(4)).
Applicants and prospective water users: the plan limits what applications may be accepted (s 26A), restricts acceptance and decision making for certain dealings with licences (s 26B), and prescribes caps for small impoundments and pumping pools when the interference is to impound surface water (s 26). Applicants for licences to take unsupplemented water must have the licence state purpose as stock and domestic, rural or any, and the licence must state maximum rate and volumetric limit (s 71). For conversions and new allocations, the chief executive will look to historical use, the physical capacity of works and simulated mean annual diversion (ss 64, 67).
SunWater and infrastructure proponents: the plan sets aside a SunWater reserve (8,744 ML) and defines processes for releasing unallocated water held as a SunWater reserve in the water management protocol (s 86, s 33A). The strategic reserve allocation for a possible future dam raise (150,000 ML) and for industrial infrastructure in Bowen and Broken (150,000 ML) (s 32(b)-(c)) creates explicit entitlement for major infrastructure outcomes and consequently impacts proponents who may seek access through the processes specified in s 33A and the water management protocol.
Local councils, towns and industries: the plan explicitly lists the intention to make water available to support growth in towns and communities dependent on surface water, to support Townsville supplies and irrigated agriculture in specified subcatchments, and to support mining and industrial uses in particular subcatchments (s 12(d)-(g)). Those public and private entities will be potential applicants and beneficiaries of allocations or unallocated water releases.
Aboriginal and Torres Strait Islander communities: the plan includes the outcome to support water‑related cultural values of Aboriginal and Torres Strait Islander communities (s 12(k)), and requires the chief executive to consider cultural values when deciding environmental management rules (s 23(1)(b)(viii)). The plan therefore creates a statutory hook for cultural considerations within licence conditions and management rules without specifying procedural entitlements in the text provided.
The chief executive and the department: the chief executive is given repeated decision making powers and duties: to approve alternative assessment methods (s 20), to decide water sharing and allocation rules consistent with objectives (s 19, s 24), to impose conditions on allocations and licences (ss 68, 76), to decide maximum rates and volumetric limits (ss 66-67, 74-75), to require reporting and verification (s 25B), and to administer unallocated water releases through the water management protocol (s 33A). The department holds the digital boundary data (s 8) and implements notices and processes.
The Minister: monitoring results are to assist the Minister to assess effectiveness; monitoring requirements are to be stated in the water management protocol (s 83). That places the Minister as the political addressee of performance information rather than as the operational decision maker for day‑to‑day licensing.
Who pays, in practical terms, are applicants, licence and authority holders and owners of works who must prepare technical reports, potentially pay for registered professional engineer verification (s 25B(4)), comply with conditions the chief executive imposes (ss 68, 76), and, where unallocated water is released to projects, those proponents will carry project costs consistent with the release processes in the Water Regulation 2016 or water management protocol (s 33A).
The plan therefore affects a combination of long‑standing local water users, potential industrial and infrastructure proponents, the department and the chief executive as the administrative hub, and the Minister through monitoring and evaluation.
Key duties and rights
The plan creates statutory duties, procedural rights and decision pathways; the chief executive is central as the granting and conditioning authority.
Duties imposed on the chief executive and the department:
Ensure decisions (other than water permits) about allocation or management of water are consistent with the environmental flow objectives (schedule 5) and the water allocation security objectives (schedule 6) (s 19).
Use the IQQM computer program simulation for the simulation period to assess consistency with the objectives, unless an alternative method is approved by the chief executive, and approve alternatives only if satisfied they are at least as accurate as IQQM (s 20).
Consider specified environmental and ecological matters when deciding environmental management rules to be included in the water management protocol or a resource operations licence, including longitudinal connectivity, wetted habitats, natural seasonality and impacts on water quality, sediment movement, bed and banks, riparian vegetation, and cultural values (s 23).
Prepare a water management protocol that addresses volumes of unallocated water reserved, process for releasing SunWater reserve water, water allocation dealing rules, permitted dealings to change licence locations, and criteria for particular dealings (s 86).
State monitoring requirements for water and natural ecosystems in the water management protocol to assist the Minister in assessing effectiveness (s 83).
Duties and constraints on applicants and holders:
Applicants for water licences replacing authorities must be given notice and must supply detailed descriptions of works and information about pattern of water use; where required, the report must be verified by a registered professional engineer (s 25B).
Owners of existing overland flow works may continue to use works for one year after the amendment day, and may continue beyond by giving notice in an approved form and any further information reasonably required by the chief executive (s 80).
A water licence to take unsupplemented water must state purpose (stock and domestic, rural or any), maximum rate and volumetric limit (s 71).
When the chief executive allows taking from a waterhole or lake, the chief executive must consider cultural and ecological impacts and must impose a condition about maintaining values of the waterhole or lake; an example condition is permitting taking only when the water level is above a level 0.5 m below the natural overflow, though the chief executive can waive that if satisfied of no adverse effect or economic hardship for a licence that replaces a prior authorisation (s 22).
Rights created or continued:
Existing entitlements, authorisations and existing overland flow works are protected as stated outcomes (s 12(a)-(b)), and the plan provides a legal pathway to convert licences to water allocations and to have authorities replaced by licences under specified processes (ss 25A-25D, ss 54-69).
For releases of unallocated water, the plan creates reserved pools and release processes rather than ad hoc ministerial discretion; the strategic reserve has earmarked volumes for stated purposes (s 32), and the water management protocol defines release processes (s 33A).
Holders of water licences subject to dealings have procedural pathways: certain dealings are explicitly permitted if they do not increase volume or interference and satisfy water management protocol conditions (s 26B, s 27A). The plan also requires the chief executive to grant water licences where a water entitlement notice provides for the grant (s 28A), which creates an entitlement path where provided in water entitlement notices.
Delegated powers and limits:
The chief executive has wide power to impose conditions the chief executive is satisfied are necessary to ensure the plan’s purpose and outcomes are achieved (s 68, s 76), and must have regard to the conditions on existing licences when setting flow conditions for conversions (s 68(2)).
Numeric limits and assessments are anchored to schedules and model outputs; the plan requires IQQM assessments unless impracticable and sets node‑specific numeric objectives in schedule 5 and allocation performance metrics in schedule 6 (s 15, s 16, schedule 5, schedule 6).
Procedural cross‑references to the Act:
Several provisions point to actions or processes under the broader Water Act or Water Regulation, for example the water entitlement notice mechanism (s 55 referencing s 70(1)(a) of the Act), or the chief executive’s obligations when a dealing would be inconsistent with a water plan (s 27C referencing s 129 of the Act). The plan therefore operates together with statutory processes in the Act and subordinate regulation.
In short, the plan prescribes duties for the executive to implement environmental and allocation objectives through modelling, numeric targets and administrative rules, while creating procedural obligations for applicants and holders and preserving prior uses by conversion pathways.
Penalties and enforcement
The text of the plan itself primarily sets standards, objectives and administrative processes; it does not enumerate new monetary penalties or criminal sanctions in the provisions reproduced here. Enforcement and penalty mechanisms are instead generally directed to, and depend upon, the Act and related statutory machinery which the plan references.
The plan’s provisions create decision obligations for the chief executive and conditions on licences and allocations which, once imposed, are enforceable under the Act’s compliance and enforcement framework. For example, where grant of a dealing would be inconsistent with the plan the plan directs the reader to section 129 of the Act for the actions the chief executive must take (s 27C). That cross‑reference means non‑compliance and inconsistency issues are handled through the Act’s statutory procedures rather than by novel sanctions localised in this plan.
The chief executive may impose conditions on water licences and allocations to ensure plan outcomes are achieved (ss 68, 76). Compliance with those license conditions is an element of enforcement for which penalties under the Act would apply where contraventions occur. The plan therefore functions to generate enforceable licence obligations, with the Act supplying enforcement tools.
For overland flow works, the plan prescribes limits to unregulated take (s 79) and preserves certain existing works only subject to notice provisions and the provision of information (s 80). Non‑compliance with prohibitions in s 79 or with conditions imposed under s 80 would feed into enforcement under the Act.
Administrative procedures that can give rise to subsequent enforcement include: the requirement for applicants to produce reports and potentially certified verification by a registered professional engineer when applying to replace authorities with licences (s 25B(4)); the requirement to use IQQM modelling or an approved alternative to assess consistency with objectives (s 20); and the requirement that water management protocol must state monitoring requirements to help the Minister assess effectiveness (s 83). Breach of reporting and monitoring obligations would be actionable under the Act and its delegated instruments.
The plan also establishes limits on licence application acceptance and processing (s 26A, s 26B), and specifies caps on allowable storage sizes for certain purposes (s 26). Decisions refusing or not accepting applications under these statutory rules are administrative decisions; any enforcement of an activity undertaken in breach of these acceptance rules would be pursued under the Act.
In sum, the plan is an outcome and rule‑setting instrument; it prescribes duties and sets conditions which, through the licensing regime, are enforced under the broader statutory enforcement framework of the Act and subordinate regulation. The plan itself refers the reader to the Act where enforcement and required actions for inconsistency are to be found (s 27C).
How it interacts with other laws
The plan is explicitly designed to operate within the framework of the Water Act and relevant subordinate instruments; it references and relies on other statutes and regulatory instruments for processes and limits.
Interaction with the Water Act: multiple provisions point to sections of the Act for legal effect and procedural cross‑over. For example, the plan’s water management protocol requirement is for the purposes of section 43(2)(l) of the Act (s 86). The conversion and grant processes reference the Act’s water entitlement notice and water licence grant provisions, for example the power to implement the plan by water entitlement notice under s 70(1)(a) of the Act (s 55), and the requirement that the chief executive must grant a water licence if a water entitlement notice provides for it (s 28A referencing s 116(1) of the Act). Where an application for a dealing with a water licence would be inconsistent with the plan, s 27C directs a reader to s 129 of the Act for the actions the chief executive must take.
Interaction with the Water Regulation and water management protocol: the plan delegates process detail for release of unallocated water to the Water Regulation 2016 and to the water management protocol. For general reserves and strategic reserves for State purposes the release process is the Water Regulation 2016, part 2 division 2 subdivision 2 (s 33A(2)). For strategic reserve releases for non‑State purposes and SunWater reserves the release process is to be stated in the water management protocol (s 33A(4)). The plan therefore does not fully specify release mechanics in‑text but confines them to regulation and protocol.
Interaction with environmental law and approvals: the plan recognises interactions with the Environmental Protection Act 1994 by allowing limited overland flow taking to satisfy requirements of an environmental authority, or a development permit for carrying out an environmentally relevant activity other than mining or petroleum (s 79(2)(d)(i)-(ii)). This creates a specific statutory interface where approvals under environmental law may authorise limited take of overland flow water.
Interaction with professional regulation: when the chief executive requires verification of overland flow works reporting, the plan requires verification by a registered professional engineer as defined in the Professional Engineers Act 2002, schedule 2 (s 25B(5)). That brings professional regulatory obligations and potential liability questions for engineers preparing and signing reports.
Spatial and mapping interplay with land law: the plan’s substantive spatial boundaries are supplied by the department in digital form (s 8). The plan also preserves the concept of a registered plan of survey for applications for stock and domestic licences in non‑water‑allocation zones, requiring the plan of survey to have been registered before the final draft of the pre‑amendment resource operations plan was approved (s 28). Those land registry timing requirements create a procedural interface with land title law.
Interaction with other water plans: the plan excludes springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies (s 10(b)), showing that plan boundaries between water plans are recognised and that jurisdictional overlap is handled by exclusion.
Interaction with subordinate instruments such as the water management protocol: the plan requires the protocol to state water allocation dealing rules, permitted dealings for changing licence locations (for sections 126(1)(b) and 130(1)(c) of the Act), the process for releasing SunWater reserves and criteria for certain dealings (s 86). The protocol is therefore where much of the operational detail will sit.
Accordingly, the plan is not a stand‑alone code; it embeds its objectives and constraints within the Water Act’s licensing and enforcement regime, defers detailed release and dealing processes to subordinate instruments (Water Regulation and protocol), and recognises intersections with environmental approvals and professional regulation.
Amendment history
The plan text supplied includes amendment markers and insertion notes that record the legislative history embedded in the plan.
Insertions and amendments by year: The plan text shows multiple amendments over time, including insertions in 2014, 2017, 2019 and 2020 as annotated beside particular sections. Examples include s 3A inserted in 2019 (s 3A ins 2019 SL No. 120 s 3) defining existing overland flow works; multiple provisions amended in 2017 (notably s 12 amd 2017 SL No. 7 s 7; s 23 amd 2017 SL No. 7 s 9) and 2019 (s 16 amd 2019 SL No. 120 s 7). The amendment notes in the plan text indicate iterative statutory refinement.
Repeal and omission notes: several short sections are annotated “om” (omitted) with the amending instrument cited; for example sections 21, 36-46, 47-53, 59-62, 65 and others are shown as omitted in various amending years. Those omissions show that some prior operational provisions have been removed, leaving the plan relying on other instruments or updated structures.
Changes in procedural mechanics: the insertion of s 25A and the Div 1A series (ss 25B-25D) in 2017 (s 25A ins 2017 SL No. 7 s 36) and subsequent relocation and renumbering in 2019 reflect formalisation of the process for granting water licences that replace authorities to take overland flow works. The amendments also added detailed conversion mechanics (Pt 5 Div 6, ss 54-69) and updated rules on water licence dealings (ss 26-27B), indicating a legislative move to convert historic and variable authorisations into a more standardised licence/allocation framework.
Adjustments to reserves and release processes: s 30 and related provisions have been amended to record reserve volumes and assign subcatchment distributions to the water management protocol (s 30 amd 2014 SL No. 142 s 43; sub 2017 SL No. 7 s 14; 2019 SL No. 120 s 23). The insertion of s 33A in 2017 (s 33A ins 2017 SL No. 7 s 14) and its later amendments clarify the delegated release processes for different reserve types, including reference to the Water Regulation 2016 for certain releases.
Transitional provisions: the plan includes transitional provisions reflecting later amendments, for example s 88 which preserves the application of s 26A as in force on commencement for applications made before or after the commencement and links to resource operations plan provisions under s 1264(c) of the Act (s 88). This indicates care to preserve previous application rights and treatment during statutory transitions.
Ongoing mapping and digital updates: the plan’s provision that the department holds exact boundary locations in digital electronic form (s 8) was amended in 2017 and 2019, showing continuing refinement of how spatial information is managed and presented to users.
The amendment history recorded in the plan demonstrates a legislative trajectory from a plan that contained more in‑text operational detail to one that delegates greater procedural content to protocols and regulations, while also clarifying conversion and overland flow work treatment. Where specific amendment instruments are cited in section annotations, the plan records the statutory provenance of the insertion, amendment or omission.
Litigation history
The plan text supplied does not record judicial decisions or litigation outcomes. There are no cases, appeals or tribunal decisions mentioned in the material provided. The document instead cross‑references administrative appeal and decision pathways by directing readers to procedural sections of the Act for handling inconsistency and dealings (for example s 27C’s reference to s 129 of the Act) and by specifying administrative duties and discretions for the chief executive.
Absent recorded litigation in the plan text, practitioners should recognise two structural litigation risks implicit in the instrument’s design, based strictly on the plan’s mechanisms:
Administrative review of discretionary decisions: the plan vests substantial discretion in the chief executive to impose conditions, to decide volumetric limits and maximum rates, to accept or refuse dealings and to approve alternate assessment methods to IQQM (ss 20, 66-68, 74-76). Decisions of that kind are routinely amenable to judicial review or statutory appeal procedures provided by the Act; the plan itself points to the Act for the handling of inconsistency and decision pathways (s 27C). Where decisions affect existing entitlements, conversions, or release of strategic reserves, unsuccessful applicants or affected holders may challenge the lawfulness of administrative exercises.
Challenges to conversion and replacement decisions: the plan creates conversion pathways for existing licences to allocations (ss 54-69) and processes to replace authorities to take overland flow with water licences (ss 25A-25D). These conversion mechanisms require the chief executive to make determinations about nominal volumes, flow conditions and volumetric limits based on historical data and simulation outputs (ss 64-67). Errors in data use, modelling assumptions (IQQM), or in failing to consider required matters (for example historic use, capacity of works, irrigation system efficiency) could give rise to administrative appeals or judicial review, since the plan ties decisions to specific factual considerations.
Because the plan itself contains no reported litigation, the practical implication for legal advisers is to treat the plan as providing the statutory framework within which administrative decisions are made, and to expect that litigation, where it occurs, will engage the Act’s procedural and review mechanisms referenced repeatedly in the plan.
Gotchas
The plan contains multiple provisions that create practical traps for applicants, licence holders and advisers if overlooked. The following are concrete issues to watch for, grounded in the plan text.
Reliance on IQQM and approval of alternatives: the plan requires use of the IQQM computer program’s simulation for assessing consistency with objectives, and permits an alternate method only if the chief executive approves and is satisfied it is at least as accurate as IQQM (s 20). Practitioners should not assume an alternate modelling approach will be accepted without prior approval; failure to use approved methods may cause an application to be assessed as inconsistent.
Historical dates and the definition of existing overland flow works: whether works qualify as “existing overland flow works” depends on precise historical dates and moratorium notice rules in s 3A, including existence on 17 January 2002, completion dates and whether a particular moratorium notice applied. Reconfiguration is permitted only if it does not increase the average annual volume taken compared with defined baseline periods (s 3A). Claims that works are “existing” must be supported by documentary evidence tied to those dates.
Notice and evidence requirements when converting authorities: an owner seeking replacement of an authority with a water licence must receive and respond to a notice (s 25B). The notice may require a report about the taking of overland flow water under the authority and may require verification by a registered professional engineer (s 25B(3)-(4)). Failure to supply accurate, engineer‑verified material where required may preclude conversion or limit the content of the new licence (s 25C-25D).
One‑year continuation window for existing overland flow works: owners may continue to use existing overland flow works for one year after the amendment day, and thereafter only if they give notice in the approved form with any further information reasonably required (s 80). Missing the one‑year window or failing to give approved notice risks losing continued authorisation to use the works.
Small impoundment and pumping pool caps and acceptance constraints: for applications to interfere with surface water by impounding flow, approval may be given for stock, domestic, pumping pools or non‑entitlement related storage but the chief executive must refuse approval where proposed storage is greater than specified caps: 10 ML for pumping pool purposes and 250 ML for non‑entitlement related storage (s 26(4)). Applicants must therefore design proposals to fit within those caps or expect refusal.
Limitations on acceptance of certain applications: s 26A prevents acceptance of certain classes of applications under s 107 of the Act, including some applications made as part of unallocated water release processes in subcatchment areas E, F, G and applications to take surface water and use it on the land in certain contexts. Practitioners should check whether s 26 or s 26A applies before assuming an application can be lodged.
Waterhole condition and hardship carve out: where taking from a waterhole or lake is allowed, the chief executive must impose a condition about maintaining cultural or ecological values, such as a 0.5 m buffer below natural overflow (s 22(2)(b)). However, the plan permits waiver where the chief executive is satisfied the taking will not adversely affect the values or that the holder replacing an existing authorisation would suffer economic hardship if the condition were imposed (s 22(3)). Economic hardship can be raised, but needs to be established to the chief executive.
Conversion mechanics may reduce practical entitlements: when converting existing licences to new water allocations the chief executive determines nominal volume, maximum rate and volumetric limit based on factors including simulated mean annual diversion, irrigation system efficiency, and historical estimated annual volumes (ss 64-67). Holders should not assume a converted allocation will replicate pre‑conversion practice exactly; the chief executive is empowered to limit allocations to data‑driven estimates.
Multiple cross‑instrument dependencies: the plan defers procedural detail to the Water Regulation 2016 and the water management protocol for processes such as releasing unallocated water and permitted dealings (s 33A, s 86). Applicants must check the relevant protocol and regulation provisions; relying solely on the plan text is insufficient.
Digital boundary reliance: precise application depends on the department’s digital boundary information (s 8). Boundary disputes or uncertainty about whether a particular location falls in a water allocation zone or licence zone must be resolved by reference to the department’s digital map, not just the plan’s text descriptions.
Reserved volumes and project‑specific allocations: s 32 allocates large volumes from the strategic reserve for defined purposes including a future dam raisings and industrial Bowen/Broken infrastructure. These are tangible allocations of scarce unallocated water that may reduce availability for other applicants; parties seeking unallocated water must understand the reserved pools and their use.
Attention to these concrete provisions, and early technical and evidentiary planning that aligns with IQQM outputs, registered engineer verification where required, and the department’s protocol and regulation provisions, will minimise procedural and substantive risk.
How to comply
Compliance requires a mix of spatial verification, documentary evidence, technical modelling, and procedural steps tied to the plan’s specific decision pathways. The following checklist synthesises the plan’s compliance architecture into practical steps grounded in the text.
Confirm plan application and mapped unit:
Determine whether the location is inside the plan area using the department’s digital boundary information (s 4, s 8). Check whether the area is in a specified subcatchment, water management area, water allocation zone or water licence zone (ss 5-7A). Use the department’s digital maps as authoritative for boundary detail (s 8).
Identify the water type and legal regime:
Confirm whether the water is surface water in a watercourse or lake, a spring excluded by the Great Artesian Basin plan, or overland flow water (s 10). For groundwater under watercourses in specified areas, check s 7C’s declarations.
For existing overland flow works:
Check the definition of “existing overland flow works” in s 3A against historical records and dates (17 January 2002, 3 August 1997, 30 June 2002). If reconfiguring works, calculate average annual volume as defined in s 3A(2) and ensure no increase in average annual volume.
If intending to continue use after the amendment day, serve the chief executive with notice in the approved form and supply any further information requested; otherwise the owner may only continue for one year (s 80).
Preparing an application to replace an authority or for a new licence:
Before grant or amendment of a water licence replacing an authority, the chief executive must give notice and require the holder to clearly describe existing overland flow works and supply information about pattern of water use (s 25B). Be ready to provide a report on past taking of overland flow water under the authority, and if required have that report verified and signed by a registered professional engineer (s 25B(3)-(4)). Refer to the Professional Engineers Act for verification standards as directed (s 25B(5)).
Modelling and assessment:
Expect the IQQM simulation for the simulation period to be used to assess consistency with environmental flow and allocation security objectives (s 20). If another modelling or assessment method is to be used, apply to the chief executive for approval and be prepared to justify that the method is at least as accurate as IQQM (s 20(2)-(3)).
Design licences and conversions carefully:
If a licence is to be converted to a new water allocation, ensure the new allocation content aligns with ss 56-63: location within a water allocation zone (s 57), maximum rate, volumetric limit, purpose (s 58 sets the purpose for new allocations to ‘any’), per‑second rate and flow conditions (s 63). Be prepared for the chief executive to use criteria in ss 64-67 (historical use, simulated mean annual diversion, capacity of works, irrigation system efficiency) when setting nominal volumes, maximum rates and volumetric limits.
Understand limits on small storages and pumping pools:
For applications to impound surface water for stock or domestic purposes, pumping pools or unrelated storage, ensure proposed storage capacities do not exceed the caps stated: pumping pool purposes not more than 10 ML where relevant; unrelated storage not more than 250 ML where relevant; and be ready to demonstrate necessity and minimal impact on instream levels, sediment movement, banks, riparian vegetation and aquatic habitats (s 26(3)-(4)).
Waterhole and lake conditions:
If the licence allows taking from a waterhole or lake, the chief executive must consider cultural and ecological impacts and generally impose a condition to maintain those values; an example condition is limiting taking to when water level is above a level 0.5 m below natural overflow (s 22). If the licence replaces an earlier authorisation and imposition of that condition would cause economic hardship, be prepared to demonstrate that fact to the chief executive (s 22(3)).
Prepare for conditions and monitoring obligations:
Expect the chief executive to impose conditions necessary to achieve plan outcomes (ss 68, 76). The water management protocol must state monitoring requirements for water and ecosystems and the chief executive may impose further monitoring and reporting obligations (s 83). Budget for ongoing monitoring, reporting and compliance activities.
Dealings, trades and relocations:
For dealings with water licences, check whether the proposed dealing is permitted under the water management protocol and if it would increase volumetric limits or interference or change locations in ways the plan disallows (ss 26B, 27A, 27C). Trading zones are defined such that each water allocation zone is a trading zone for allocations under the plan (s 7B).
Unallocated water releases and reserves:
If seeking access to unallocated water, verify the reserve pools and volumes (s 30), consult the water management protocol for subcatchment allocations (s 31), and follow the release processes: releases from the general reserve and strategic reserve for State purposes follow the Water Regulation 2016 process (s 33A(2)); other strategic reserve and SunWater reserve releases follow the water management protocol (s 33A(4)). For projects using strategic reserve water for a coordinated or regionally significant project, note the temporary nature of release and return conditions (s 33B).
Administrative and procedural matters:
Where the plan directs to the Act for procedural obligations (for example s 27C referencing s 129 of the Act), follow the Act’s appeal, notification and consultation processes. Check the water management protocol for permitted dealings and criteria for changing licence locations (s 86). Ensure plans and surveys required by s 28 for stock and domestic licences are registered and predate the relevant pre‑amendment operations where required.
Record‑keeping and professional verification:
Where required, obtain registered professional engineer verification for operational and capacity reports (s 25B). Maintain precise records of historic use and pumping capacity data for later conversion assessments under ss 64-67.
Early liaison and pre‑application steps:
Given the plan delegates many detailed procedures to the water management protocol and relies on chief executive discretion, early liaison with the department to confirm applicable protocols, modelling requirements and expected conditions will reduce risk and streamline applications.
Following these steps, and aligning evidence and technical assessments to the plan’s prescribed modelling and factual inquiries (IQQM, historical diversion estimates, irrigation efficiency), will align applicant behaviour with the plan’s statutory expectations and minimise the risk of refusal, conditioned grants that surprise business cases, or administrative challenge.
Part pt.2Plan area, water to which plan applies and other matters
(b) were started, but not completed, by 17 January 2002 and either— (i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or (ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or
(i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or
(ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or
(c) are works, started before 3 August 2007, to which the section 42 moratorium notice did not apply.
(i) if section 26 moratorium notice that applied for the works was varied under repealed section 27 of the Act —have been, or are being, completed in accordance with the varied moratorium notice; or
(ii) if subparagraph (i) does not apply—were completed by 30 June 2002; or
(a) starting on the later of the following days (the start date )— (i) the day the water was first taken using the works before the works were reconfigured; (ii) 3 August 1997; and
(i) the day the water was first taken using the works before the works were reconfigured;
(ii) 3 August 1997; and
(b) ending on the anniversary of the start date that immediately preceded the day overland flow water was first taken after the works were reconfigured.
(i) the day the water was first taken using the works before the works were reconfigured;
(ii) 3 August 1997; and
(a) published on 17 January 2002 under section 42 of the Act as that section was in force on that day; and
(b) as amended on 25 July 2002.
pt.2 Plan area, water to which plan applies and other matters
Plan area, water to which plan applies and other matters
sec.4 Plan area
sec.4 Plan area
This plan applies to the area shown as the plan area on the map in schedule 1 .
sec.5 Subcatchment areas
sec.5 Subcatchment areas
Each part of the plan area shown as a subcatchment area on the map in schedule 2 is a subcatchment area for this plan.
Each subcatchment area is identified on the map by a letter.
Subcatchment area B is identified on the map by the letter ‘B’.
s 5 sub 2019 SL No. 120 s 5
(sec.5-ssec.1) Each part of the plan area shown as a subcatchment area on the map in schedule 2 is a subcatchment area for this plan.
(sec.5-ssec.2) Each subcatchment area is identified on the map by a letter. Subcatchment area B is identified on the map by the letter ‘B’.
sec.6 Water management areas— Act , sch 4
sec.6 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 2A is a water management area.
Each water management area is identified on the map by its name.
s 6 sub 2019 SL No. 120 s 5
(sec.6-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 2A is a water management area.
(sec.6-ssec.2) Each water management area is identified on the map by its name.
Section sec.6A
s 6A ins 2017 SL No. 7 s 4
om 2019 SL No. 120 s 5
sec.7 Water allocation zones
sec.7 Water allocation zones
Each part of the plan area shown as a water allocation zone on a map in schedule 2B is a water allocation zone for this plan.
Each water allocation zone is identified on the map by its name.
s 7 sub 2019 SL No. 120 s 5
(sec.7-ssec.1) Each part of the plan area shown as a water allocation zone on a map in schedule 2B is a water allocation zone for this plan.
(sec.7-ssec.2) Each water allocation zone is identified on the map by its name.
sec.7A Water licence zones
sec.7A Water licence zones
Each part of the plan area shown as a water licence zone on the map in schedule 2C is a water licence zone for this plan.
Each water licence zone is identified on the map by its name.
s 7A ins 2019 SL No. 120 s 5
(sec.7A-ssec.1) Each part of the plan area shown as a water licence zone on the map in schedule 2C is a water licence zone for this plan.
(sec.7A-ssec.2) Each water licence zone is identified on the map by its name.
sec.7B Trading zones— Act , s 43
sec.7B Trading zones— Act , s 43
For section 43 (1) (e) (i) of the Act , each water allocation zone is a trading zone for water allocations to which this plan applies.
s 7B ins 2019 SL No. 120 s 5
sec.7C Declarations about watercourses— Act , s 1006
sec.7C Declarations about watercourses— Act , s 1006
Water is declared to be water in a watercourse in the Giru Benefited Groundwater Area if the water is—
in an aquifer under the watercourse, or under land adjacent to the watercourse; and
hydraulically connected to the watercourse.
Water is declared to be water in a watercourse in subcatchment area E, F or G if the water is—
in an aquifer under the watercourse; and
hydraulically connected to the watercourse.
s 7C ins 2019 SL No. 120 s 5
(sec.7C-ssec.1) Water is declared to be water in a watercourse in the Giru Benefited Groundwater Area if the water is— in an aquifer under the watercourse, or under land adjacent to the watercourse; and hydraulically connected to the watercourse.
(sec.7C-ssec.2) Water is declared to be water in a watercourse in subcatchment area E, F or G if the water is— in an aquifer under the watercourse; and hydraulically connected to the watercourse.
(a) in an aquifer under the watercourse, or under land adjacent to the watercourse; and
(b) hydraulically connected to the watercourse.
(a) in an aquifer under the watercourse; and
(b) hydraulically connected to the watercourse.
sec.8 Information about areas
sec.8 Information about areas
The exact locations of the boundaries of the following are held in digital electronic form by the department—
the plan area;
subcatchment areas;
water management areas;
water allocation zones;
water licence zones;
the Giru Benefited Groundwater Area.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
s 8 amd 2017 SL No. 7 s 5 ; 2019 SL No. 120 s 6
(sec.8-ssec.1) The exact locations of the boundaries of the following are held in digital electronic form by the department— the plan area; subcatchment areas; water management areas; water allocation zones; water licence zones; the Giru Benefited Groundwater Area.
(sec.8-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
(a) the plan area;
(b) subcatchment areas;
(c) water management areas;
(d) water allocation zones;
(e) water licence zones;
(f) the Giru Benefited Groundwater Area.
sec.9 Nodes
sec.9 Nodes
A node mentioned in this plan is a place on a watercourse in the plan area.
The location of each node is shown on the map in schedule 1 and described in schedule 4 .
Each node is identified on the map by a number.
(sec.9-ssec.1) A node mentioned in this plan is a place on a watercourse in the plan area.
(sec.9-ssec.2) The location of each node is shown on the map in schedule 1 and described in schedule 4 .
(sec.9-ssec.3) Each node is identified on the map by a number.
sec.10 Water to which plan applies
sec.10 Water to which plan applies
This plan applies to the following water in the plan area—
water in a watercourse or lake;
water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;
overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
s 10 amd 2016 SL No. 216 s 146 sch 20 ; 2017 SL No. 164 s 80
(a) water in a watercourse or lake;
(b) water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;
(c) overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
pt.3 Water plan outcomes
Water plan outcomes
sec.11 Outcomes for water in plan area
sec.11 Outcomes for water in plan area
Water is to be allocated and sustainably managed in a way that—
recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
seeks to achieve a balance in the following outcomes—
the general outcomes mentioned in section 12 ;
the general ecological outcomes mentioned in section 13 ;
the specific ecological outcomes mentioned in section 14 .
(a) recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
(b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 12 ; (ii) the general ecological outcomes mentioned in section 13 ; (iii) the specific ecological outcomes mentioned in section 14 .
(i) the general outcomes mentioned in section 12 ;
(ii) the general ecological outcomes mentioned in section 13 ;
(iii) the specific ecological outcomes mentioned in section 14 .
(i) the general outcomes mentioned in section 12 ;
(ii) the general ecological outcomes mentioned in section 13 ;
(iii) the specific ecological outcomes mentioned in section 14 .
sec.12 General outcomes
sec.12 General outcomes
Each of the following is a general outcome for water in the plan area—
to provide for the use of all water entitlements and other authorisations in the plan area;
to provide for the continued use of all existing overland flow works;
to protect the probability of being able to take water under a water allocation;
to make water available to support—
population growth in towns and communities dependent on surface water resources in the plan area; and
growth in industries dependent on surface water resources in the plan area;
to make water available in the Lower Burdekin and Haughton subcatchments to support—
water supplies for Townsville; and
growth in irrigated agriculture in the Lower Burdekin, Gumlu and Bowen areas; and
water supplies for other urban, industrial and mining uses; and
the natural and artificial r
This is an opening excerpt, not the complete document.