ch.4-pt.1
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Direct links to the current provisions in Water Plan (Burnett Basin) 2014.
The performance indicators for the environmental flow objectives for surface water are— the number of periods of no flow of at least 6 months; and the mean annual flow; and the median annual flow; and the 1.5 year daily flow volume; and the 5 year daily flow volume; and the 20 year daily flow volume.
The environmental flow objectives for surface water for this plan are stated in schedule 7 , part 1 .
The performance indicators for the environmental flow objectives for a node or groundwater sub-area for assessing groundwater levels to support groundwater-dependent ecosystems in the Coastal Burnett groundwater management area are— the average depth to the watertable; and the drawdown period; and the average ocean groundwater discharge.
The environmental flow objectives for groundwater in the Coastal Burnett groundwater management area are stated in schedule 7 , part 2 .
The performance indicators for the water allocation security objectives are— for water allocations to take supplemented water—the monthly supplemented water sharing index; and for water allocations to take unsupplemented surface water—the annual volume probability; and for water allocations to take unsupplemented groundwater— the groundwater annual volume probability; and 90% annual volume probability.
The water allocation security objectives for this plan are stated in— for water allocations to take supplemented water— schedule 8 , part 1 ; and for water allocations to take unsupplemented surface water— schedule 8 , part 2 ; and for water allocations to take unsupplemented groundwater— schedule 8 , part 3 .
The strategies stated in this part apply to surface water and groundwater.
Decisions made by the chief executive about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with— the environmental flow objectives stated in schedule 7 ; and the water allocation security objectives stated in schedule 8 .
The IQQM computer program’s simulation for the IQQM simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for— surface water; and groundwater in the Three Moon Creek groundwater sub-area. If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used. However, 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.25-ssec.1) The IQQM computer program’s simulation for the IQQM simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for— surface water; and groundwater in the Three Moon Creek groundwater sub-area. (sec.25-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.25-ssec.3) However, 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.
The Coastal Burnett groundwater computer program’s simulation for the groundwater simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater in the Coastal Burnett groundwater management area. If it is not practicable to use the Coastal Burnett groundwater computer program, another assessment method approved by the chief executive may be used. However, 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 Coastal Burnett groundwater computer program. (sec.26-ssec.1) The Coastal Burnett groundwater computer program’s simulation for the groundwater simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater in the Coastal Burnett groundwater management area. (sec.26-ssec.2) If it is not practicable to use the Coastal Burnett groundwater computer program, another assessment method approved by the chief executive may be used. (sec.26-ssec.3) However, 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 Coastal Burnett groundwater computer program.
This division does not apply to an application under— section 221 of the Act to reinstate an expired water licence; or section 224 of the Act to amalgamate 2 or more water licences; or section 225 of the Act to subdivide a water licence; or section 229 of the Act to replace a jointly held water licence after the disposal of land under that section.
This section applies to an application for a water licence to take or interfere with surface water in the plan area made under the Act or the repealed Act before 29 May 2003 and not finally decided before the commencement. However, this section does not apply if works existed on 14 December 2000 on land to which the application relates. The chief executive must refuse the application if granting the application would have 1 or more of the following effects in relation to water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water. (sec.28-ssec.1) This section applies to an application for a water licence to take or interfere with surface water in the plan area made under the Act or the repealed Act before 29 May 2003 and not finally decided before the commencement. (sec.28-ssec.2) However, this section does not apply if works existed on 14 December 2000 on land to which the application relates. (sec.28-ssec.3) The chief executive must refuse the application if granting the application would have 1 or more of the following effects in relation to water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water.
This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates. If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) . Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’. (sec.29-ssec.1) This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates. (sec.29-ssec.2) If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) . (sec.29-ssec.3) Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’.
An application for a water licence, made under section 206 of the Act , to take surface water must not be accepted if granting the application would have either of the following effects in relation to water in the plan area— increase the amount of water that may be taken; or change the location from which water may be taken. See section 40 for the process for granting unallocated water.
This section applies to an application for a water licence, made under section 206 of the Act , to take groundwater from a relevant groundwater management area, other than an application for the purpose of agricultural dewatering in the Coastal Burnett groundwater management area. The application must be refused if granting the application would have 1 or more of the following effects in relation to the water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; change the conditions under which water may be taken. (sec.31-ssec.1) This section applies to an application for a water licence, made under section 206 of the Act , to take groundwater from a relevant groundwater management area, other than an application for the purpose of agricultural dewatering in the Coastal Burnett groundwater management area. (sec.31-ssec.2) The application must be refused if granting the application would have 1 or more of the following effects in relation to the water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; change the conditions under which water may be taken.
The environmental management rules and infrastructure operating rules are the following— for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 2 ; for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 2 ; for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 2 . The water sharing rules are the following— for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 3 ; for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 3 ; See section 2 for the commencement of paragraph (b) . for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 3 . The environmental management rules, infrastructure operating rules and water sharing rules mentioned in subsection (1) or (2) apply for a water supply scheme mentioned in the subsection until the resource operations plan is first amended, after the commencement, to state the environmental management rules, infrastructure operating rules and water sharing rules for the water supply scheme. (sec.32-ssec.1) The environmental management rules and infrastructure operating rules are the following— for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 2 ; for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 2 ; for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 2 . (sec.32-ssec.2) The water sharing rules are the following— for the Barker Barambah Water Supply Scheme—the rules stated in schedule 9 , part 2 , division 3 ; for the Bundaberg Water Supply Scheme—the rules stated in schedule 9 , part 3 , division 3 ; See section 2 for the commencement of paragraph (b) . for the Upper Burnett Water Supply Scheme—the rules stated in schedule 9 , part 4 , division 3 . (sec.32-ssec.3) The environmental management rules, infrastructure operating rules and water sharing rules mentioned in subsection (1) or (2) apply for a water supply scheme mentioned in the subsection until the resource operations plan is first amended, after the commencement, to state the environmental management rules, infrastructure operating rules and water sharing rules for the water supply scheme.
On the commencement, the following provisions of the resource operations plan cease to have effect for the plan area— chapter 4 , sections 4 .1.5, 4.2.5, 4.2.6, 4.4.5 and 4.4.6; chapter 6 , section 6 .1; chapter 7 ; attachments 4.1E, 4.2E, 4.2F, 4.3E and 4.3F. The following provisions of the resource operations plan cease to have effect on the commencement of section 32 (2) (b) — chapter 4 , section 4 .1.6; attachment 4.1F. (sec.33-ssec.1) On the commencement, the following provisions of the resource operations plan cease to have effect for the plan area— chapter 4 , sections 4 .1.5, 4.2.5, 4.2.6, 4.4.5 and 4.4.6; chapter 6 , section 6 .1; chapter 7 ; attachments 4.1E, 4.2E, 4.2F, 4.3E and 4.3F. (sec.33-ssec.2) The following provisions of the resource operations plan cease to have effect on the commencement of section 32 (2) (b) — chapter 4 , section 4 .1.6; attachment 4.1F.
Unallocated water in the plan area is held as a general reserve, a strategic reserve or a strategic water infrastructure reserve.
Unallocated water in the plan area may only be granted for the following purposes— for unallocated water held as a general reserve—any purpose; for unallocated water held as a strategic reserve—a State purpose or an Indigenous purpose; for unallocated water held as a strategic water infrastructure reserve—for water infrastructure mentioned in section 36 (3) .
The total of the nominal entitlements for all water licences to take unallocated water from the general reserve is the following— for water licences to take unallocated water from subcatchment area E—1,000ML; for water licences to take unallocated water from subcatchment area F—1,000ML. The total of the nominal entitlements for all water licences to take unallocated water from the strategic reserve in the plan area is the following— for all water licences to take unallocated water for a State purpose from the strategic reserve in the plan area—1,000ML; for all water licences to take unallocated water for an Indigenous purpose from the strategic reserve in the plan area—1,000ML. The total of the nominal volumes for all supplemented water allocations to take unallocated water from the strategic water infrastructure reserve is the following— for water infrastructure on Barambah Creek within the boundaries of the Barker Barambah Water Supply Scheme—up to 4,250ML; for water infrastructure on the Burnett River within the boundaries of the Bundaberg Water Supply Scheme—up to 15,295ML; for water infrastructure on the Burnett River within the boundaries of the Upper Burnett Water Supply Scheme—up to 6,300ML. (sec.36-ssec.1) The total of the nominal entitlements for all water licences to take unallocated water from the general reserve is the following— for water licences to take unallocated water from subcatchment area E—1,000ML; for water licences to take unallocated water from subcatchment area F—1,000ML. (sec.36-ssec.2) The total of the nominal entitlements for all water licences to take unallocated water from the strategic reserve in the plan area is the following— for all water licences to take unallocated water for a State purpose from the strategic reserve in the plan area—1,000ML; for all water licences to take unallocated water for an Indigenous purpose from the strategic reserve in the plan area—1,000ML. (sec.36-ssec.3) The total of the nominal volumes for all supplemented water allocations to take unallocated water from the strategic water infrastructure reserve is the following— for water infrastructure on Barambah Creek within the boundaries of the Barker Barambah Water Supply Scheme—up to 4,250ML; for water infrastructure on the Burnett River within the boundaries of the Bundaberg Water Supply Scheme—up to 15,295ML; for water infrastructure on the Burnett River within the boundaries of the Upper Burnett Water Supply Scheme—up to 6,300ML.
This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance. The volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve. (sec.37-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance. (sec.37-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve.
The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following— the outcomes stated in chapter 3 ; the economic or social impact the project will have on the region; the public interest and the welfare of people in the region; any other relevant consideration.
This section applies to the volume of water granted from the strategic reserve for a project for an Indigenous purpose. The volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve. (sec.39-ssec.1) This section applies to the volume of water granted from the strategic reserve for a project for an Indigenous purpose. (sec.39-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water is taken to be part of the strategic reserve.
The process for granting unallocated water in the plan area is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 . s 40 amd 2016 SL No. 216 s 146 sch 20
For section 20A (5) of the Act , an owner of land may take water from a watercourse, lake or spring in the plan area— if the taking is from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes—only by using existing stock or domestic works; or if paragraph (a) does not apply—in any way. In subsection (1) — existing stock or domestic works , in relation to an owner of land, means works that are in place at the commencement of this section and had been used by the owner, before the commencement, to take water from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes for stock or domestic purposes on the owner’s land. s 41 sub 2014 Act No. 64 s 255 sch 2 (sec.41-ssec.1) For section 20A (5) of the Act , an owner of land may take water from a watercourse, lake or spring in the plan area— if the taking is from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes—only by using existing stock or domestic works; or if paragraph (a) does not apply—in any way. (sec.41-ssec.2) In subsection (1) — existing stock or domestic works , in relation to an owner of land, means works that are in place at the commencement of this section and had been used by the owner, before the commencement, to take water from a watercourse within the Barker Barambah, Boyne River and Tarong, Bundaberg, Three Moon Creek or Upper Burnett Water Supply Schemes for stock or domestic purposes on the owner’s land.
Water allocations converted from interim water allocations to take supplemented water from the Three Moon Creek Water Supply Scheme are to be managed under a resource operations licence.
This subdivision states strategies for interim water allocations for the Three Moon Creek Water Supply Scheme to be converted, under section 121 of the Act , to water allocations to take supplemented water under the resource operations plan.
This subdivision applies to interim water allocations that are to be converted to water allocations as mentioned in section 45 .
An interim water allocation to take water from the Three Moon Creek Water Supply Scheme is to be converted to a water allocation to take supplemented water from that scheme.
The location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the authorisation from which the water allocation is being converted.
The purpose to be stated on the water allocation must be ‘any’.
The nominal volume for the water allocation is the volume stated on the authorisation from which the water allocation is being converted.
The water allocation belongs to the following priority group— if the authorisation from which the water allocation is being converted states a nominal entitlement of high priority—the high priority group; if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking water from Three Moon Creek—the surface water medium priority group; if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking groundwater from Three Moon Creek alluvium—the groundwater medium priority group. However— if the water allocation is converted from interim water allocation 21499M or 68268M, the water allocation belongs to the surface water medium priority group; or if the water allocation is converted from interim water allocation 178404, 603188, 21357M, 21527M, 21534M, 35711M, 45220M, 47671M, 62962M, 67272M, 68069M, 74219M or 74177M, the water allocation belongs to the groundwater medium priority group. s 49 amd 2016 SL No. 216 s 146 sch 20 (sec.49-ssec.1) The water allocation belongs to the following priority group— if the authorisation from which the water allocation is being converted states a nominal entitlement of high priority—the high priority group; if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking water from Three Moon Creek—the surface water medium priority group; if the authorisation from which the water allocation is being converted states a nominal entitlement of medium priority and states an activity of taking groundwater from Three Moon Creek alluvium—the groundwater medium priority group. (sec.49-ssec.2) However— if the water allocation is converted from interim water allocation 21499M or 68268M, the water allocation belongs to the surface water medium priority group; or if the water allocation is converted from interim water allocation 178404, 603188, 21357M, 21527M, 21534M, 35711M, 45220M, 47671M, 62962M, 67272M, 68069M, 74219M or 74177M, the water allocation belongs to the groundwater medium priority group. s 49 amd 2016 SL No. 216 s 146 sch 20
In deciding the conditions under which water may be taken under the water allocation, the chief executive must consider the contents and conditions of the authorisation from which the water allocation is being converted.
The strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .
This section applies to the chief executive in making a decision about— a water licence, other than a decision about the following— amalgamating, under section 224 of the Act , 2 or more water licences; subdividing, under section 225 of the Act , a water licence; replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence. If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows for 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, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows However, the chief executive need not impose a condition mentioned in subsection (2) (b) if 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— the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation. (sec.52-ssec.1) This section applies to the chief executive in making a decision about— a water licence, other than a decision about the following— amalgamating, under section 224 of the Act , 2 or more water licences; subdividing, under section 225 of the Act , a water licence; replacing, under section 229 of the Act , a jointly held water licence after the disposal of land under that section; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence. (sec.52-ssec.2) If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows for 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, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows (sec.52-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if 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— the authorisation is not subject to a condition about maintaining the cultural or ecological values of the waterhole or lake; and the holder of the authorisation would suffer economic hardship if the condition were imposed on the water licence or water allocation that replaces the authorisation.
This division applies to the water allocations that are converted from the Avondale authorisations, as mentioned in section 57 .
In this division— Avondale authorisations means the interim water allocations under section 1089A (2) of the Act that relate to the Avondale Water Supply Board.
Water allocations converted from the Avondale authorisations are to be managed under a resource operations licence for the Bundaberg Water Supply Scheme.
This subdivision states strategies for the Avondale authorisations to be converted, under section 121 of the Act , to water allocations to take supplemented water under the resource operations plan.
An Avondale authorisation is to be converted to a water allocation to take supplemented water from the Bundaberg Water Supply Scheme.
Water is to be distributed under a distribution operations licence to the holder of the water allocation.
The location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the Avondale authorisation from which the water allocation is being converted.
The purpose to be stated on the water allocation must be ‘any’.
The nominal volume for the water allocation is the volume for the Avondale authorisation from which the water allocation is being converted.
The water allocation belongs to the medium priority group.
This section applies if the elevation of Claude Wharton Weir is less than 94.4m AHD at the time the resource operations plan is first amended, after the commencement, to state water sharing rules for the Upper Burnett Water Supply Scheme. Burnett Water allocations in the medium priority group under which water in zone NA, NB, GB or GY described in the resource operations plan may be taken must be amended to belong to the low priority group. Burnett Water allocations in the medium priority group under which water in zone SA, SB, OC, OD, OB, NC, OA or MA described in the resource operations plan may be taken (the original water allocations ) must be subdivided and amended, proportionally across the zones, so that 5,000ML of the total of the nominal volumes for the original water allocations is changed to water allocations in the low priority group. In this section— Burnett Water allocations means water allocations held by Burnett Water Pty Ltd ACN 097 206 614 in the Upper Burnett Water Supply Scheme. (sec.63-ssec.1) This section applies if the elevation of Claude Wharton Weir is less than 94.4m AHD at the time the resource operations plan is first amended, after the commencement, to state water sharing rules for the Upper Burnett Water Supply Scheme. (sec.63-ssec.2) Burnett Water allocations in the medium priority group under which water in zone NA, NB, GB or GY described in the resource operations plan may be taken must be amended to belong to the low priority group. (sec.63-ssec.3) Burnett Water allocations in the medium priority group under which water in zone SA, SB, OC, OD, OB, NC, OA or MA described in the resource operations plan may be taken (the original water allocations ) must be subdivided and amended, proportionally across the zones, so that 5,000ML of the total of the nominal volumes for the original water allocations is changed to water allocations in the low priority group. (sec.63-ssec.4) In this section— Burnett Water allocations means water allocations held by Burnett Water Pty Ltd ACN 097 206 614 in the Upper Burnett Water Supply Scheme.
This division applies to an application, made under section 206 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.
The chief executive may grant the application only if— the purpose of the proposed interference is a purpose provided for in this division; or the proposed interference is related to a proposed water licence to take water that is allocated under the resource operations plan; or the interference was in existence immediately before 20 September 2000.
This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes. In deciding the application, the chief executive must consider existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water, and the availability of water at the proposed site. The storage capacity for water to be taken under subsection (1) must not be greater than is necessary for the storage of water to be taken. (sec.66-ssec.1) This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes. (sec.66-ssec.2) In deciding the application, the chief executive must consider existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water, and the availability of water at the proposed site. (sec.66-ssec.3) The storage capacity for water to be taken under subsection (1) must not be greater than is necessary for the storage of water to be taken.
This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation. The storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly. 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. (sec.67-ssec.1) This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation. (sec.67-ssec.2) The storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly. (sec.67-ssec.3) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation. The chief executive may grant the application if satisfied there is a need for an increased reliability of the water supply. (sec.68-ssec.1) This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation. (sec.68-ssec.2) The chief executive may grant the application if satisfied there is a need for an increased reliability of the water supply.
This section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 40 . The interference must not be greater than is necessary for the purpose of taking the unallocated water. A water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, must include flow conditions. (sec.69-ssec.1) This section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 40 . (sec.69-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water. (sec.69-ssec.3) A water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, must include flow conditions.
This division states strategies for water allocations established under the repealed Water Resource (Burnett Basin) Plan 2000 to take water.
A water allocation established under the repealed Water Resource (Burnett Basin) Plan 2000 to take supplemented water— is taken to be, without amendment, a water allocation under this plan; and continues to be managed under the allocation’s resource operations licence. The water allocation— is subject to the relevant water sharing rules; and continues to be subject to the water allocation change rules and seasonal water assignment rules in the resource operations plan. This section is subject to sections 32 (2) (b) and (3) and 73 . In this section— relevant water sharing rules means— for a water allocation in the Barker Barambah Water Supply Scheme—the water sharing rules stated in schedule 9 , part 2 , division 3 ; or for a water allocation in the Upper Burnett Water Supply Scheme—the water sharing rules stated in schedule 9 , part 4 , division 3 ; or if paragraph (a) or (b) does not apply to the water allocation—the water sharing rules stated in the resource operations plan. Section 32 (2) (b) states the water sharing rules for the Bundaberg Water Supply Scheme that will apply from 1 July 2015. Section 32 (3) states the period for which the water sharing rules stated in schedule 9 for the Barker Barambah Water Supply Scheme, the Bundaberg Water Supply Scheme and the Upper Burnett Water Supply Scheme apply. (sec.71-ssec.1) A water allocation established under the repealed Water Resource (Burnett Basin) Plan 2000 to take supplemented water— is taken to be, without amendment, a water allocation under this plan; and continues to be managed under the allocation’s resource operations licence. (sec.71-ssec.2) The water allocation— is subject to the relevant water sharing rules; and continues to be subject to the water allocation change rules and seasonal water assignment rules in the resource operations plan. (sec.71-ssec.3) This section is subject to sections 32 (2) (b) and (3) and 73 . (sec.71-ssec.4) In this section— relevant water sharing rules means— for a water allocation in the Barker Barambah Water Supply Scheme—the water sharing rules stated in schedule 9 , part 2 , division 3 ; or for a water allocation in the Upper Burnett Water Supply Scheme—the water sharing rules stated in schedule 9 , part 4 , division 3 ; or if paragraph (a) or (b) does not apply to the water allocation—the water sharing rules stated in the resource operations plan. Section 32 (2) (b) states the water sharing rules for the Bundaberg Water Supply Scheme that will apply from 1 July 2015. Section 32 (3) states the period for which the water sharing rules stated in schedule 9 for the Barker Barambah Water Supply Scheme, the Bundaberg Water Supply Scheme and the Upper Burnett Water Supply Scheme apply.
A water allocation established under the repealed Water Resource (Burnett Basin) Plan 2000 to take unsupplemented water— is taken to be, without amendment, a water allocation under this plan; and continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment rules in the resource operations plan.
This section applies to the following water allocations established under the repealed Water Resource (Burnett Basin) Plan 2000 — water allocation 1504 on administrative plan AP6975; water allocation 1540 on administrative plan AP6975; water allocation 2909 on administrative plan AP6975. The water allocations are to be amended under the resource operations plan to state the following location— for water allocation 1504 on administrative plan AP6975—zone AD described in the resource operations plan; for water allocation 1540 on administrative plan AP6975—zone AA described in the resource operations plan; for water allocation 2909 on administrative plan AP6975—zone AD described in the resource operations plan. (sec.73-ssec.1) This section applies to the following water allocations established under the repealed Water Resource (Burnett Basin) Plan 2000 — water allocation 1504 on administrative plan AP6975; water allocation 1540 on administrative plan AP6975; water allocation 2909 on administrative plan AP6975. (sec.73-ssec.2) The water allocations are to be amended under the resource operations plan to state the following location— for water allocation 1504 on administrative plan AP6975—zone AD described in the resource operations plan; for water allocation 1540 on administrative plan AP6975—zone AA described in the resource operations plan; for water allocation 2909 on administrative plan AP6975—zone AD described in the resource operations plan.
This division states strategies for particular authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.
This division applies to the water allocations that are converted from the authorisations mentioned in section 76 .
A water licence for taking unsupplemented water from any of the following places is to be converted to a water allocation to take unsupplemented water— Three Moon Creek from Abercorn gauging station at AMTD 13.2km to Monto Weir at AMTD 64.8km; Elliott River from AMTD 9.9km to AMTD 21.3km; Mahogany Creek from its confluence with the Elliott River to AMTD 6.5km; Gillens Creek from its confluence with the Elliott River to AMTD 5.0km; Gregory River from Gregory River Weir at AMTD 13.9km to Isis Highway gauging station at AMTD 47.9km; Isis River from Isis Junction Weir at AMTD 11.8km to AMTD 23.8km.
The location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the water licence from which the water allocation is being converted.
The purpose to be stated on the water allocation must be ‘any’.
In deciding the nominal volume for the 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 from which the allocation is being converted; for a water licence that states a volumetric limit—the stated volumetric limit; the simulated mean annual diversion for the proposed water allocation. In this section— simulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the IQQM simulation period, divided by the number of years in the IQQM simulation period. (sec.79-ssec.1) In deciding the nominal volume for the 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 from which the allocation is being converted; for a water licence that states a volumetric limit—the stated volumetric limit; the simulated mean annual diversion for the proposed water allocation. (sec.79-ssec.2) In this section— simulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the IQQM simulation period, divided by the number of years in the IQQM simulation period.
The maximum rate at which water may be taken under the water allocation is to be— if the water licence from which the allocation is being converted states a maximum rate—the stated rate; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or if paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being converted; and an estimate or measurement of the rate at which water can be taken under the water licence before the conversion. However, for subsection (1) (b) or (c) , if the water licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system. (sec.80-ssec.1) The maximum rate at which water may be taken under the water allocation is to be— if the water licence from which the allocation is being converted states a maximum rate—the stated rate; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or if the water licence from which the allocation is being converted does not state a maximum rate but there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or if paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being converted; and an estimate or measurement of the rate at which water can be taken under the water licence before the conversion. (sec.80-ssec.2) However, for subsection (1) (b) or (c) , if the water licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period, of not more than 10 years, immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system.
The annual volumetric limit for the water allocation is— if the water licence from which the water allocation is being converted states the volume of water, or an equivalent volume of water, that may be taken in a period of 12 months—the stated volume; or if the water licence from which the water allocation is being converted states the area that may be irrigated and does not state an equivalent volume of water that may be taken— the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the allocation’s intended purpose—the volume decided by the chief executive having regard to the following— 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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in sub-subparagraph (B); or if paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following— the condition under which water may be taken under the water licence from which the water allocation is being converted; the water-taking capacity of any works for taking water under the water licence from which the water allocation is being converted; 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 from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iv) .
The chief executive may impose on the water allocation any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved. In deciding the requirements for the flow conditions under which water may be taken under the water allocation, the chief executive must have regard to the conditions and requirements stated on the water licence from which the allocation is being converted. However, if the water allocation is being converted from a water licence for taking unsupplemented water from a location mentioned in schedule 10 , column 1 for which 1 or more flow conditions are stated in schedule 10 , column 2, the water allocation must be subject to— if only 1 flow condition is stated in schedule 10 , column 2 for the location—the flow condition stated in schedule 10 , column 2 for the location; or if more than 1 flow condition is stated in schedule 10 , column 2 for the location—1 of the flow conditions stated in schedule 10 , column 2 for the location, as decided by the chief executive. (sec.82-ssec.1) The chief executive may impose on the water allocation any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved. (sec.82-ssec.2) In deciding the requirements for the flow conditions under which water may be taken under the water allocation, the chief executive must have regard to the conditions and requirements stated on the water licence from which the allocation is being converted. (sec.82-ssec.3) However, if the water allocation is being converted from a water licence for taking unsupplemented water from a location mentioned in schedule 10 , column 1 for which 1 or more flow conditions are stated in schedule 10 , column 2, the water allocation must be subject to— if only 1 flow condition is stated in schedule 10 , column 2 for the location—the flow condition stated in schedule 10 , column 2 for the location; or if more than 1 flow condition is stated in schedule 10 , column 2 for the location—1 of the flow conditions stated in schedule 10 , column 2 for the location, as decided by the chief executive.
The water allocation belongs to— for a water allocation that is subject to a flow condition stated in schedule 10 , column 2—the water allocation group stated in schedule 10 , column 3 opposite the flow condition stated in schedule 10 , column 2 under which water may be taken under the water allocation; or otherwise—the water allocation group stated in schedule 10 , column 3 opposite the location used for taking water under the water allocation that is mentioned in schedule 10 , column 1.
A water licence to take water from a watercourse, lake or spring in the plan area must state— the purpose for which water may be taken under the licence as ‘any’; and the maximum rate at which water may be taken under the licence; and the licence’s nominal entitlement; and the conditions, if any, to which the licence is subject, including requirements for flow conditions and conditions for storing water taken under the licence.
In this subdivision— amended water licence means a water licence to take unsupplemented water from a watercourse, lake or spring that is amended under section 217 of the Act .
The purpose to be stated on an amended water licence must be ‘any’.
The maximum rate at which unsupplemented water may be taken under an amended water licence must be— for an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or for an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being amended; and an estimate or measurement of the rate at which water has been taken under the licence before the amendment. However, for subsection (1) (b) or (c) , if the licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period of not more than 10 years immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system. (sec.87-ssec.1) The maximum rate at which unsupplemented water may be taken under an amended water licence must be— for an amended water licence that, before the amendment, stated a maximum rate—the stated rate; or for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size mentioned in schedule 11 , column 1—the rate stated in schedule 11 , column 2 for the pump size; or for an amended water licence that, before the amendment, did not state a maximum rate but for which there is a related development permit that states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 11 , column 2; or for an amended water licence to which paragraph (a) , (b) or (c) does not apply—the rate decided by the chief executive having regard to— the type of water licence being amended; and an estimate or measurement of the rate at which water has been taken under the licence before the amendment. (sec.87-ssec.2) However, for subsection (1) (b) or (c) , if the licence holder satisfies the chief executive that the maximum rate at which water has been taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump (the related system ) during the period of not more than 10 years immediately before the commencement; the efficiency of the water use associated with the existing pump and the related system.
The nominal entitlement for an amended water licence is to be— for an amended water licence that, before the amendment, stated the volume, or an equivalent volume, of water that may be taken in a 12-month period—the stated volume; or for an amended water licence that, before the amendment, stated an area that may be irrigated but did not state an equivalent volume 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, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient for the licence’s intended purpose, the volume decided by the chief executive having regard to the following— 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; the efficiency of the use of the water mentioned in sub-subparagraph (B); or for an amended water licence to which paragraph (a) or (b) does not apply—the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the licence before its amendment under section 217 of the Act ; 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; the efficiency of the use of the water mentioned in subparagraph (iv) .
In deciding the conditions and requirements for the flow conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions and requirements stated on the water licence before its amendment under section 217 of the Act .
The chief executive may impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence. In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water. (sec.90-ssec.1) The chief executive may impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence. (sec.90-ssec.2) In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.
This section limits the overland flow water that may be taken under section 20 (2) (b) of the Act in the Coastal Burnett overland flow area. A person may only take overland flow water in the Coastal Burnett overland flow area— for stock or domestic purposes; or for another purpose if the works that allow the taking of overland flow water are not existing overland flow works and have a capacity of not more than 20ML; or under a water licence; or subject to subsection (3) , to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural run-off water; or that is incidental to the operation of a storage facility constructed to store water, other than overland flow water, in a catchment area of not more than 25ha; or for any purpose if the works that allow the taking of overland flow water are existing overland flow works. A person who takes overland flow water under subsection (2) (d) may not take more than the volume necessary to satisfy the requirements of the environmental authority or the development permit. In this section— contaminated agricultural run-off water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels that are harmful or potentially harmful to the quality of water in a watercourse. (sec.91-ssec.1) This section limits the overland flow water that may be taken under section 20 (2) (b) of the Act in the Coastal Burnett overland flow area. (sec.91-ssec.2) A person may only take overland flow water in the Coastal Burnett overland flow area— for stock or domestic purposes; or for another purpose if the works that allow the taking of overland flow water are not existing overland flow works and have a capacity of not more than 20ML; or under a water licence; or subject to subsection (3) , to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural run-off water; or that is incidental to the operation of a storage facility constructed to store water, other than overland flow water, in a catchment area of not more than 25ha; or for any purpose if the works that allow the taking of overland flow water are existing overland flow works. (sec.91-ssec.3) A person who takes overland flow water under subsection (2) (d) may not take more than the volume necessary to satisfy the requirements of the environmental authority or the development permit. (sec.91-ssec.4) In this section— contaminated agricultural run-off water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels that are harmful or potentially harmful to the quality of water in a watercourse.
The chief executive may, under section 212 of the Act , grant a water licence to replace an authorisation under section 91 (2) (g) . In deciding the matters mentioned in section 93 (b) to be stated on the licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. (sec.92-ssec.1) The chief executive may, under section 212 of the Act , grant a water licence to replace an authorisation under section 91 (2) (g) . (sec.92-ssec.2) In deciding the matters mentioned in section 93 (b) to be stated on the licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement, using the existing overland flow works to which the authorisation relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.
A water licence to take overland flow water must state— the purpose for which water may be taken under the licence as ‘any’; and at least 1 of the following— the maximum rate at which water may be taken under the licence; the licence’s nominal entitlement; the maximum volume of water that may be stored under the licence; and the conditions, if any, to which the licence is subject.
s 94 om 2016 SL No. 216 s 146 sch 20
This part states the strategies for achieving the outcomes mentioned in chapter 3 .
This part applies only to groundwater in a groundwater management area.
This section limits the groundwater that may be taken under section 20 (2) (c) of the Act . A person may only take groundwater in a relevant groundwater management area— under a water permit; or under a water licence; or under an interim water allocation; or under a water allocation; or under section 105 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act . However, despite subsection (2) (f) , a person may take groundwater in the Coastal Burnett groundwater management area for stock or domestic purposes only under section 99 or 100 . A person may only take groundwater in the Ban Ban Springs groundwater management area or the Barker Creek groundwater management area— under section 105 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act . (sec.97-ssec.1) This section limits the groundwater that may be taken under section 20 (2) (c) of the Act . (sec.97-ssec.2) A person may only take groundwater in a relevant groundwater management area— under a water permit; or under a water licence; or under an interim water allocation; or under a water allocation; or under section 105 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act . (sec.97-ssec.3) However, despite subsection (2) (f) , a person may take groundwater in the Coastal Burnett groundwater management area for stock or domestic purposes only under section 99 or 100 . (sec.97-ssec.4) A person may only take groundwater in the Ban Ban Springs groundwater management area or the Barker Creek groundwater management area— under section 105 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act .
s 98 om 2016 SL No. 216 s 146 sch 20
An owner of land in the Coastal Burnett groundwater management area may use existing works for taking groundwater for stock or domestic purposes. In this section— existing works means— works on land in the Coastal Burnett groundwater management area— constructed before 30 November 2007; or for which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or works that, in relation to the works mentioned in paragraph (a) , are a replacement water bore. replacement water bore see the Water Regulation 2016 , schedule 19 . s 99 amd 2016 SL No. 216 s 146 sch 20 (sec.99-ssec.1) An owner of land in the Coastal Burnett groundwater management area may use existing works for taking groundwater for stock or domestic purposes. (sec.99-ssec.2) In this section— existing works means— works on land in the Coastal Burnett groundwater management area— constructed before 30 November 2007; or for which an agreement with the chief executive to construct the works was entered into before 30 November 2007 regardless of when the construction is completed; or works that, in relation to the works mentioned in paragraph (a) , are a replacement water bore. replacement water bore see the Water Regulation 2016 , schedule 19 . s 99 amd 2016 SL No. 216 s 146 sch 20
This section applies to an owner of land in the Coastal Burnett groundwater management area if— the owner is not using existing works under section 99 for taking groundwater for stock or domestic purposes; and the land is not in a service area under the Water Supply (Safety and Reliability) Act 2008 for a retail water service. The owner may use works constructed on the land on or after 30 November 2007 for the taking of groundwater for stock or domestic purposes if the works are on a lot that has not been reconfigured after 22 January 2007. In this section— reconfigured , for a lot, means— created by subdividing another lot; or divided into parts by agreement rendering different parts of the lot immediately available for separate disposition or separate occupation, other than by an agreement that is— a lease for a term, including renewal options, not exceeding 10 years; or an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 . (sec.100-ssec.1) This section applies to an owner of land in the Coastal Burnett groundwater management area if— the owner is not using existing works under section 99 for taking groundwater for stock or domestic purposes; and the land is not in a service area under the Water Supply (Safety and Reliability) Act 2008 for a retail water service. (sec.100-ssec.2) The owner may use works constructed on the land on or after 30 November 2007 for the taking of groundwater for stock or domestic purposes if the works are on a lot that has not been reconfigured after 22 January 2007. (sec.100-ssec.3) In this section— reconfigured , for a lot, means— created by subdividing another lot; or divided into parts by agreement rendering different parts of the lot immediately available for separate disposition or separate occupation, other than by an agreement that is— a lease for a term, including renewal options, not exceeding 10 years; or an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 .
A water licence to take groundwater must state— the purpose for which the water may be taken under the licence as one of the following— ‘agricultural dewatering’; ‘dewatering’; ‘urban’; ‘any’; and the licence’s nominal entitlement; and the conditions, if any, to which the licence is subject. However, subsection (1) (b) does not apply to a licence granted under section 206 of the Act for the purpose of— agricultural dewatering; or dewatering. (sec.101-ssec.1) A water licence to take groundwater must state— the purpose for which the water may be taken under the licence as one of the following— ‘agricultural dewatering’; ‘dewatering’; ‘urban’; ‘any’; and the licence’s nominal entitlement; and the conditions, if any, to which the licence is subject. (sec.101-ssec.2) However, subsection (1) (b) does not apply to a licence granted under section 206 of the Act for the purpose of— agricultural dewatering; or dewatering.
In this subdivision— amended water licence means a water licence to take groundwater that is amended under section 217 of the Act .
The purpose to be stated on an amended water licence is to be— if the purpose stated on the licence before its amendment under section 217 of the Act was dewatering for agricultural purposes or a similar purpose—‘agricultural dewatering’; or if the purpose stated on the licence before its amendment under section 217 of the Act was dewatering, other than dewatering for agricultural purposes—‘dewatering’; or if the purpose stated on the licence before its amendment under section 217 of the Act was urban or town supply—‘urban’; or if paragraph (a) , (b) or (c) does not apply—‘any’.
In deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider— the conditions stated on the water licence before its amendment under section 217 of the Act ; and if the purpose stated on the water licence before its amendment was agricultural dewatering purposes or a similar purpose, the following— the groundwater levels to allow for normal agricultural activities; the practical operation of harvesting equipment the location of works for dewatering for agricultural purposes and any works for monitoring the dewatering.
An owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (a) may take groundwater using the works. An owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) may take groundwater using the works until 1 year after the commencement. However, if an owner of land mentioned in paragraph (b) gives notice to the chief executive that there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) on the land, the owner may take groundwater using the works any time after the commencement. An authorisation under subsection (1) , (2) or (3) ceases to apply to an owner of land if the owner is granted a water licence relating to the works or any other works on the land. (sec.105-ssec.1) An owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (a) may take groundwater using the works. (sec.105-ssec.2) An owner of land on which there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) may take groundwater using the works until 1 year after the commencement. (sec.105-ssec.3) However, if an owner of land mentioned in paragraph (b) gives notice to the chief executive that there are prescribed existing groundwater works mentioned in schedule 12 , definition prescribed existing groundwater works , paragraph (b) on the land, the owner may take groundwater using the works any time after the commencement. (sec.105-ssec.4) An authorisation under subsection (1) , (2) or (3) ceases to apply to an owner of land if the owner is granted a water licence relating to the works or any other works on the land.
This section does not apply in relation to groundwater in— the Ban Ban Springs groundwater management area; or the Barker Creek groundwater management area. The chief executive may, under section 212 of the Act , grant a water licence— to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or to an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010. The water licence must be consistent with this part. In this section— commitment , for a groundwater-dependent activity, means that any of the following applies— infrastructure for taking or distributing groundwater has been constructed; a financial commitment to the construction of the infrastructure has been made; local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held. A loan has been granted for the activity on the basis that irrigation would be permitted. groundwater-dependent activity means an activity that uses groundwater, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise. (sec.106-ssec.1) This section does not apply in relation to groundwater in— the Ban Ban Springs groundwater management area; or the Barker Creek groundwater management area. (sec.106-ssec.2) The chief executive may, under section 212 of the Act , grant a water licence— to a person authorised under section 105 (1) , (2) or (3) to take groundwater; or to an owner of land in a groundwater management area to take groundwater for a groundwater-dependent activity if the owner satisfies the chief executive that the owner had a commitment to a groundwater-dependent activity on 18 January 2010. (sec.106-ssec.3) The water licence must be consistent with this part. (sec.106-ssec.4) In this section— commitment , for a groundwater-dependent activity, means that any of the following applies— infrastructure for taking or distributing groundwater has been constructed; a financial commitment to the construction of the infrastructure has been made; local or State government requirements for carrying out the activity have been satisfied, for example, a development permit for the activity is held. A loan has been granted for the activity on the basis that irrigation would be permitted. groundwater-dependent activity means an activity that uses groundwater, for example, growing a crop requiring irrigation, the commercial production of animals or a commercial or industrial enterprise.
The nominal entitlement for a water licence mentioned in section 106 is to be the volume decided by the chief executive having regard to the following— for a water licence in relation to prescribed existing groundwater works to which section 105 (1) applies—the information given in the notice mentioned in the repealed Water Resource (Burnett Basin) Plan 2000 , section 30C (2) in relation to the works; for a water licence in relation to prescribed existing groundwater works to which section 105 (3) applies—the information given in the notice mentioned in section 105 (3) ; the availability of groundwater; the efficiency of the use of the water; the capacity of the works; crop water demands; the water-related infrastructure associated with the prescribed existing groundwater works to which section 105 (1) , (2) or (3) applies. Subsection (1) does not limit the matters the chief executive may consider. (sec.107-ssec.1) The nominal entitlement for a water licence mentioned in section 106 is to be the volume decided by the chief executive having regard to the following— for a water licence in relation to prescribed existing groundwater works to which section 105 (1) applies—the information given in the notice mentioned in the repealed Water Resource (Burnett Basin) Plan 2000 , section 30C (2) in relation to the works; for a water licence in relation to prescribed existing groundwater works to which section 105 (3) applies—the information given in the notice mentioned in section 105 (3) ; the availability of groundwater; the efficiency of the use of the water; the capacity of the works; crop water demands; the water-related infrastructure associated with the prescribed existing groundwater works to which section 105 (1) , (2) or (3) applies. (sec.107-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
This division states strategies for particular authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented groundwater under the resource operations plan.
This division applies to the water allocations that are converted from the authorisations mentioned in section 110 (1) .
A water licence to take groundwater from any of the following groundwater sub-areas is to be converted to a water allocation to take unsupplemented groundwater from the groundwater sub-area— the Kolan-Burnett A groundwater sub-area; the Burnett-Elliott A groundwater sub-area; the Elliott-Gregory A groundwater sub-area; the Fairymead A groundwater sub-area. This section does not apply to a water licence— for the purpose of— agricultural dewatering; or dewatering; or that does not state a volumetric limit. (sec.110-ssec.1) A water licence to take groundwater from any of the following groundwater sub-areas is to be converted to a water allocation to take unsupplemented groundwater from the groundwater sub-area— the Kolan-Burnett A groundwater sub-area; the Burnett-Elliott A groundwater sub-area; the Elliott-Gregory A groundwater sub-area; the Fairymead A groundwater sub-area. (sec.110-ssec.2) This section does not apply to a water licence— for the purpose of— agricultural dewatering; or dewatering; or that does not state a volumetric limit.
The location for taking water to be stated on the water allocation is to include the place at which water could have been taken under the authorisation from which the water allocation is being converted.
The purpose to be stated on the water allocation must be ‘any’.
In deciding the nominal volume for the water allocation, the chief executive must have regard to the following— the local availability of groundwater; the conditions under which groundwater may be taken under the authorisation from which the allocation is being converted; the nominal entitlement for the authorisation from which the allocation is being converted; the simulated mean annual diversion for the proposed water allocation. In this section— simulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the groundwater simulation period, divided by the number of years in the groundwater simulation period. (sec.113-ssec.1) In deciding the nominal volume for the water allocation, the chief executive must have regard to the following— the local availability of groundwater; the conditions under which groundwater may be taken under the authorisation from which the allocation is being converted; the nominal entitlement for the authorisation from which the allocation is being converted; the simulated mean annual diversion for the proposed water allocation. (sec.113-ssec.2) In this section— simulated mean annual diversion , for a proposed water allocation, means the total volume of water simulated to have been taken under the proposed water allocation, as if the proposed water allocation were in existence for the whole of the groundwater simulation period, divided by the number of years in the groundwater simulation period.
The annual volumetric limit for the water allocation must be the nominal entitlement stated on the authorisation from which the water allocation is being converted.
The water allocation belongs to the following water allocation group— if the water allocation is being converted from an authorisation under which water in the Kolan-Burnett A groundwater sub-area may be taken— for an authorisation that states a purpose of urban water supply or town water supply—the CB-KBA-A water allocation group; or for an authorisation that states any other purpose—the CB-KBA-B water allocation group; if the water allocation is being converted from an authorisation under which water in the Burnett-Elliott A groundwater sub-area may be taken— for an authorisation that states a purpose of urban water supply or town water supply—the CB-BEA-A water allocation group; or for an authorisation that states any other purpose—the CB-BEA-B water allocation group; if the water allocation is being converted from an authorisation under which water in the Elliott-Gregory A groundwater sub-area may be taken— for an authorisation that states a purpose of urban water supply or town water supply—the CB-EGA-A water allocation group; or for an authorisation that states any other purpose—the CB-EGA-B water allocation group; if the water allocation is being converted from an authorisation under which water in the Fairymead A groundwater sub-area may be taken— for an authorisation that states a purpose of urban water supply or town water supply—the CB-FMA-A water allocation group; or for an authorisation that states any other purpose—the CB-FMA-B water allocation group.
In deciding the conditions under which groundwater may be taken under the water allocation, the chief executive must have regard to— the conditions stated on the authorisation from which the water allocation is being converted; or any development permit relating to the authorisation.
This section limits the groundwater in the Coastal Burnett groundwater management area that may be interfered with under section 20 (2) (c) of the Act . If the interference is by an excavation exposing the watertable by an area greater than 1,500m 2 , the interference with groundwater must be authorised under a water licence to interfere with the flow of water on, under or adjoining the land. Subsection (2) only applies to an excavation constructed after the commencement. (sec.117-ssec.1) This section limits the groundwater in the Coastal Burnett groundwater management area that may be interfered with under section 20 (2) (c) of the Act . (sec.117-ssec.2) If the interference is by an excavation exposing the watertable by an area greater than 1,500m 2 , the interference with groundwater must be authorised under a water licence to interfere with the flow of water on, under or adjoining the land. (sec.117-ssec.3) Subsection (2) only applies to an excavation constructed after the commencement.
This section applies to an application, made under section 206 of the Act , for a water licence to interfere with groundwater in the Coastal Burnett groundwater management area if the interference is by an excavation mentioned in section 117 . In deciding the application, the chief executive must consider the following— the area by which the excavation will expose the watertable; any groundwater losses as a result of the excavation exposing the watertable; the effect of granting the application on— the availability of groundwater for existing holders of water entitlements in the groundwater management area; and the integrity of the aquifer; and groundwater-dependent ecosystems; and seawater intrusion. If the chief executive decides to grant the water licence, the chief executive must— decide a volume of water as the estimated loss of groundwater by evaporation resulting from the interference; and impose a condition on the water licence— requiring the holder of the water licence to hold— a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) . In deciding a volume of water under subsection (3) (a) , the chief executive must have regard to— the area by which the excavation will expose the watertable; and information provided by the applicant about the estimated loss of groundwater by evaporation resulting from the interference; and historical data on the loss of water by evaporation for the groundwater management area. Subsections (2) and (4) do not limit the matters the chief executive may consider. (sec.118-ssec.1) This section applies to an application, made under section 206 of the Act , for a water licence to interfere with groundwater in the Coastal Burnett groundwater management area if the interference is by an excavation mentioned in section 117 . (sec.118-ssec.2) In deciding the application, the chief executive must consider the following— the area by which the excavation will expose the watertable; any groundwater losses as a result of the excavation exposing the watertable; the effect of granting the application on— the availability of groundwater for existing holders of water entitlements in the groundwater management area; and the integrity of the aquifer; and groundwater-dependent ecosystems; and seawater intrusion. (sec.118-ssec.3) If the chief executive decides to grant the water licence, the chief executive must— decide a volume of water as the estimated loss of groundwater by evaporation resulting from the interference; and impose a condition on the water licence— requiring the holder of the water licence to hold— a water allocation with a nominal volume of at least the volume of water decided under paragraph (a) ; or a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a) ; and stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i) . (sec.118-ssec.4) In deciding a volume of water under subsection (3) (a) , the chief executive must have regard to— the area by which the excavation will expose the watertable; and information provided by the applicant about the estimated loss of groundwater by evaporation resulting from the interference; and historical data on the loss of water by evaporation for the groundwater management area. (sec.118-ssec.5) Subsections (2) and (4) do not limit the matters the chief executive may consider.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
The performance indicators for the environmental flow objectives for surface water are— the number of periods of no flow of at least 6 months; and the mean annual flow; and the median annual flow; and the 1.5 year daily flow volume; and the 5 year daily flow volume; and the 20 year daily flow volume.
The environmental flow objectives for surface water for this plan are stated in schedule 7 , part 1 .
The performance indicators for the environmental flow objectives for a node or groundwater sub-area for assessing groundwater levels to support groundwater-dependent ecosystems in the Coastal Burnett groundwater management area are— the average depth to the watertable; and the drawdown period; and the average ocean groundwater discharge.
The environmental flow objectives for groundwater in the Coastal Burnett groundwater management area are stated in schedule 7 , part 2 .
**Who decides and who pays
**Official purpose claim and testing it against costs, incentives and trade‑offs
Official claim: the plan preserves environmental water needs while providing predictable rules for allocation security and scheme operation (see sec.24 and sch.7 and sch.8). That claim is implemented by numeric environmental targets (sch.7) and by allocation security metrics (supplemented water sharing index and annual probability targets in sch.8).
Costs and trade‑offs the instrument creates:
**Implementation and compliance burdens / risks
**Behaviour changes the plan enforces
Bottom line (mechanical summary)
The performance indicators for the water allocation security objectives are— for water allocations to take supplemented water—the monthly supplemented water sharing index; and for water allocations to take unsupplemented surface water—the annual volume probability; and for water allocations to take unsupplemented groundwater— the groundwater annual volume probability; and 90% annual volume probability.
The water allocation security objectives for this plan are stated in— for water allocations to take supplemented water— schedule 8 , part 1 ; and for water allocations to take unsupplemented surface water— schedule 8 , part 2 ; and for water allocations to take unsupplemented groundwater— schedule 8 , part 3 .
The strategies stated in this part apply to surface water and groundwater.
Decisions made by the chief executive about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with— the environmental flow objectives stated in schedule 7 ; and the water allocation security objectives stated in schedule 8 .
The IQQM computer program’s simulation for the IQQM simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for— surface water; and groundwater in the Three Moon Creek groundwater sub-area. If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used. However, 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.25-ssec.1) The IQQM computer program’s simulation for the IQQM simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for— surface water; and groundwater in the Three Moon Creek groundwater sub-area. (sec.25-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.25-ssec.3) However, 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.
The Coastal Burnett groundwater computer program’s simulation for the groundwater simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater in the Coastal Burnett groundwater management area. If it is not practicable to use the Coastal Burnett groundwater computer program, another assessment method approved by the chief executive may be used. However, 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 Coastal Burnett groundwater computer program. (sec.26-ssec.1) The Coastal Burnett groundwater computer program’s simulation for the groundwater simulation period is to be used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater in the Coastal Burnett groundwater management area. (sec.26-ssec.2) If it is not practicable to use the Coastal Burnett groundwater computer program, another assessment method approved by the chief executive may be used. (sec.26-ssec.3) However, 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 Coastal Burnett groundwater computer program.
This division does not apply to an application under— section 221 of the Act to reinstate an expired water licence; or section 224 of the Act to amalgamate 2 or more water licences; or section 225 of the Act to subdivide a water licence; or section 229 of the Act to replace a jointly held water licence after the disposal of land under that section.
This section applies to an application for a water licence to take or interfere with surface water in the plan area made under the Act or the repealed Act before 29 May 2003 and not finally decided before the commencement. However, this section does not apply if works existed on 14 December 2000 on land to which the application relates. The chief executive must refuse the application if granting the application would have 1 or more of the following effects in relation to water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water. (sec.28-ssec.1) This section applies to an application for a water licence to take or interfere with surface water in the plan area made under the Act or the repealed Act before 29 May 2003 and not finally decided before the commencement. (sec.28-ssec.2) However, this section does not apply if works existed on 14 December 2000 on land to which the application relates. (sec.28-ssec.3) The chief executive must refuse the application if granting the application would have 1 or more of the following effects in relation to water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water.
This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates. If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) . Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’. (sec.29-ssec.1) This section applies to an application mentioned in section 28 (1) if works existed on 14 December 2000 on the land to which the application relates. (sec.29-ssec.2) If the application is for a water licence to take water from a watercourse, lake or spring, the nominal entitlement for the water licence must be— for an application that states an area to be irrigated—the volume decided by the chief executive having regard to the volume of water required for the purpose stated on the application, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under paragraph (a) is not sufficient for the licence’s intended purpose or for an application that does not state an area to be irrigated—the volume decided by the chief executive having regard to the following— the water-taking capacity of the works; the volume of water required for the purpose stated on the application; the annual volumes of water estimated by the chief executive to have been taken by the works during the period of not more than 10 years, immediately before the commencement; the efficiency of the use of the water mentioned in subparagraph (iii) . (sec.29-ssec.3) Also, if the application is for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water under the water licence— the maximum volume of water stored under the water licence must not be greater than the storage capacity of the works; and the maximum height of impounded water must not be greater than the height of the works; and the purpose to be stated on the water licence must be ‘conserve water’.
This is an opening excerpt, not the complete document.