This water plan fixes how much water can be allocated in the Cooper Creek area and stops decisions that would increase the average volume taken. It creates named unallocated water reserves, prescribes how licences and permits are granted or amended (rates, daily and annual entitlements, storage limits) and restricts new or enlarged overland‑flow works. It affects licence‑holders, landowners, local governments and the chief executive by changing who may take water, imposing conditions and introducing notification, measurement and compliance obligations.
This plan part governs allocation, amendment and use of water entitlements in the plan area. It sets ceilings, creates specified unallocated water reserves and prescribes decision-making constraints and processes for the chief executive when granting, amending or conditioning entitlements. Key mechanical effects include the following.
A legislative ceiling on increasing the average volume of water permitted to be taken in the plan area: the chief executive must not make a decision that increases that average (s 14(1)), subject to enumerated exceptions (s 14(3)). That constraint explicitly covers applications made but not dealt with before commencement (s 14(2)).
The creation and nominal volumes of unallocated water reserves: Indigenous reserve 200 ML, general reserve 200 ML, strategic reserve 1,300 ML and town and community water reserve 500 ML (s 16(1)-(2)). The plan specifies sources (watercourse, lake, spring or overland flow) and life‑of‑project rules for project allocations from the Indigenous and strategic reserves (s 16(3)-(5)).
A set of specific limits and procedural requirements for different types of licences and permits: water licences replacing historic authorities (s 20), water permits for taking from waterholes and lakes (s 21), and detailed rules for amending existing licences so they state purpose, maximum rate, daily volumetric limit, nominal entitlement and conditions (s 23).
Prescriptive methods and mandatory considerations for determining maximum rate, daily volumetric limit and nominal entitlements when existing licences are amended (ss 28-30). Those sections tie conversion rules to pump sizes, stated rates, or historic volumes and require the chief executive to have regard to particular matters and schedules (for example, schedule 8) when deciding rates and volumes (ss 28-30).
Current sections
Direct links to the current provisions in Water Plan (Cooper Creek) 2011.
38
ch.4-pt.1
Preliminary
Preliminary
sec.14
Decisions about taking water
sec.14 Decisions about taking water
The chief executive is not to make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water allowed to be taken in the plan area.
A decision mentioned in subsection (1) includes a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.
Subsection (1) does not apply to a decision about—
a water permit; or
reinstating or replacing an expired authorisation; or
taking overland flow water under section 38 ; or
unallocated water; or
a water licence mentioned in section 20 .
(sec.14-ssec.1) The chief executive is not to make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water allowed to be taken in the plan area.
(sec.14-ssec.2) A decision mentioned in subsection (1) includes a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.
(sec.14-ssec.3) Subsection (1) does not apply to a decision about— a water permit; or reinstating or replacing an expired authorisation; or taking overland flow water under section 38 ; or unallocated water; or a water licence mentioned in section 20 .
(a) a water permit; or
(b) reinstating or replacing an expired authorisation; or
(c) taking overland flow water under section 38 ; or
(d) unallocated water; or
(e) a water licence mentioned in section 20 .
sec.15
Measuring devices
sec.15 Measuring devices
s 15 om 2014 SL No. 142 s 69
ch.4-pt.2
Unallocated water
Unallocated water
sec.16
Establishing unallocated water reserves
sec.16 Establishing unallocated water reserves
This plan makes the following volumes of unallocated water available—
for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations;
for a non-irrigation purpose—a general reserve of 200ML;
for a project of State or regional significance—a strategic reserve of 1,300ML;
for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.
The volumes mentioned in subsection (1) are nominal entitlements.
Unallocated water may be taken from—
a watercourse, lake or spring; or
overland flow.
A volume of water granted from the Indigenous reserve—
if the volume of water is granted for a project—
is to be granted for the life of the project; and
returns to the Indigenous reserve on the completion of the project; or
otherwise—returns to the Indigenous reserve when the water is no longer needed.
A volume of water granted from the strategic reserve for a project of State or regional significance—
must be granted only for the life of the project; and
returns to the strategic reserve on the completion of the project.
(sec.16-ssec.1) This plan makes the following volumes of unallocated water available— for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations; for a non-irrigation purpose—a general reserve of 200ML; for a project of State or regional significance—a strategic reserve of 1,300ML; for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.
(sec.16-ssec.2) The volumes mentioned in subsection (1) are nominal entitlements.
(sec.16-ssec.3) Unallocated water may be taken from— a watercourse, lake or spring; or overland flow.
(sec.16-ssec.4) A volume of water granted from the Indigenous reserve— if the volume of water is granted for a project— is to be granted for the life of the project; and returns to the Indigenous reserve on the completion of the project; or otherwise—returns to the Indigenous reserve when the water is no longer needed.
(sec.16-ssec.5) A volume of water granted from the strategic reserve for a project of State or regional significance— must be granted only for the life of the project; and returns to the strategic reserve on the completion of the project.
(a) for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations;
(b) for a non-irrigation purpose—a general reserve of 200ML;
(c) for a project of State or regional significance—a strategic reserve of 1,300ML;
(d) for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.
(a) a watercourse, lake or spring; or
(b) overland flow.
(a) if the volume of water is granted for a project— (i) is to be granted for the life of the project; and (ii) returns to the Indigenous reserve on the completion of the project; or
(i) is to be granted for the life of the project; and
(ii) returns to the Indigenous reserve on the completion of the project; or
(b) otherwise—returns to the Indigenous reserve when the water is no longer needed.
(i) is to be granted for the life of the project; and
(ii) returns to the Indigenous reserve on the completion of the project; or
(a) must be granted only for the life of the project; and
(b) returns to the strategic reserve on the completion of the project.
sec.17
Projects that may be considered to be of regional significance
sec.17 Projects that may be considered to be of regional significance
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 having regard to the following—
the outcomes mentioned 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.
However, the chief executive may not consider a project for irrigation to be a project of regional significance.
(sec.17-ssec.1) 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 having regard to the following— the outcomes mentioned 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.
(sec.17-ssec.2) However, the chief executive may not consider a project for irrigation to be a project of regional significance.
(a) the outcomes mentioned in chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant consideration.
sec.18
Interim arrangements for applications about unallocated water
sec.18 Interim arrangements for applications about unallocated water
s 18 om 2014 SL No. 142 s 70
sec.19
Process for dealing with unallocated water
sec.19 Process for dealing with unallocated water
The resource operations plan includes the process for dealing with unallocated water in the plan area.
In preparing and implementing the process, the chief executive is to consider the following—
the purpose for which the water is required;
the efficiency of existing and proposed water use practices;
the extent to which water is being taken under existing authorisations in the plan area;
the availability of an alternative water supply for the purpose for which the water is required;
the impact the proposed taking of, or interfering with, the water may have on the following—
the ecological values of the catchment;
water quality;
access to water under existing entitlements;
stock or domestic supplies;
the drawdown levels in waterholes;
the natural movement of sediment;
low flows;
waterholes and wetlands;
connections between waterholes, particularly at times of low flow;
the floodplain downstream of the proposed taking or interfering;
inundation of habitats;
the movement of fish and other aquatic species;
recreation and aesthetic values;
cultural values, including, for example, cultural values of local Aboriginal communities;
the connection with groundwater;
the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows;
for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.
s 19 amd 2016 SL No. 216 s 146 sch 20
(sec.19-ssec.1) The resource operations plan includes the process for dealing with unallocated water in the plan area.
(sec.19-ssec.2) In preparing and implementing the process, the chief executive is to consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water is being taken under existing authorisations in the plan area; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on the following— the ecological values of the catchment; water quality; access to water under existing entitlements; stock or domestic supplies; the drawdown levels in waterholes; the natural movement of sediment; low flows; waterholes and wetlands; connections between waterholes, particularly at times of low flow; the floodplain downstream of the proposed taking or interfering; inundation of habitats; the movement of fish and other aquatic species; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal communities; the connection with groundwater; the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows; for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.
(a) the purpose for which the water is required;
(b) the efficiency of existing and proposed water use practices;
(c) the extent to which water is being taken under existing authorisations in the plan area;
(d) the availability of an alternative water supply for the purpose for which the water is required;
(e) the impact the proposed taking of, or interfering with, the water may have on the following— (i) the ecological values of the catchment; (ii) water quality; (iii) access to water under existing entitlements; (iv) stock or domestic supplies; (v) the drawdown levels in waterholes; (vi) the natural movement of sediment; (vii) low flows; (viii) waterholes and wetlands; (ix) connections between waterholes, particularly at times of low flow; (x) the floodplain downstream of the proposed taking or interfering; (xi) inundation of habitats; (xii) the movement of fish and other aquatic species; (xiii) recreation and aesthetic values; (xiv) cultural values, including, for example, cultural values of local Aboriginal communities; (xv) the connection with groundwater;
(i) the ecological values of the catchment;
(ii) water quality;
(iii) access to water under existing entitlements;
(iv) stock or domestic supplies;
(v) the drawdown levels in waterholes;
(vi) the natural movement of sediment;
(vii) low flows;
(viii) waterholes and wetlands;
(ix) connections between waterholes, particularly at times of low flow;
(x) the floodplain downstream of the proposed taking or interfering;
(xi) inundation of habitats;
(xii) the movement of fish and other aquatic species;
(xiii) recreation and aesthetic values;
(xiv) cultural values, including, for example, cultural values of local Aboriginal communities;
(xv) the connection with groundwater;
(f) the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows;
(g) for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.
(i) the ecological values of the catchment;
(ii) water quality;
(iii) access to water under existing entitlements;
(iv) stock or domestic supplies;
(v) the drawdown levels in waterholes;
(vi) the natural movement of sediment;
(vii) low flows;
(viii) waterholes and wetlands;
(ix) connections between waterholes, particularly at times of low flow;
(x) the floodplain downstream of the proposed taking or interfering;
(xi) inundation of habitats;
(xii) the movement of fish and other aquatic species;
(xiii) recreation and aesthetic values;
(xiv) cultural values, including, for example, cultural values of local Aboriginal communities;
(xv) the connection with groundwater;
ch.4-pt.3
Granting water entitlements other than entitlements to unallocated water
Granting water entitlements other than entitlements to unallocated water
sec.20
Water licences to replace authorities
sec.20 Water licences to replace authorities
The chief executive may, under section 212 of the Act , grant a water licence to take or interfere with water that could have been taken or interfered with under—
an authority continued under the Act and in existence on 11 July 2008; or
an authority issued under section 4 of the repealed Water Act 1926–1983 ; or
any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.
A water licence mentioned in subsection (1) (c) may be granted only to the State or a local government.
In deciding the nominal entitlement of water that may be taken under the water licence to take water, the chief executive must consider the matters mentioned in section 30 .
In deciding the maximum rate for taking water under the water licence to take water, the chief executive must consider the matters mentioned in section 28 .
In deciding the daily volumetric limit under the water licence to take water, the chief executive must consider the matters mentioned in section 29 .
The owner of existing works associated with an authority or permission mentioned in subsection (1) (a) , (b) or (c) may continue to use the works to take water until the chief executive grants a water licence to the owner under subsection (1) .
(sec.20-ssec.1) The chief executive may, under section 212 of the Act , grant a water licence to take or interfere with water that could have been taken or interfered with under— an authority continued under the Act and in existence on 11 July 2008; or an authority issued under section 4 of the repealed Water Act 1926–1983 ; or any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.
(sec.20-ssec.2) A water licence mentioned in subsection (1) (c) may be granted only to the State or a local government.
(sec.20-ssec.3) In deciding the nominal entitlement of water that may be taken under the water licence to take water, the chief executive must consider the matters mentioned in section 30 .
(sec.20-ssec.4) In deciding the maximum rate for taking water under the water licence to take water, the chief executive must consider the matters mentioned in section 28 .
(sec.20-ssec.5) In deciding the daily volumetric limit under the water licence to take water, the chief executive must consider the matters mentioned in section 29 .
(sec.20-ssec.6) The owner of existing works associated with an authority or permission mentioned in subsection (1) (a) , (b) or (c) may continue to use the works to take water until the chief executive grants a water licence to the owner under subsection (1) .
(a) an authority continued under the Act and in existence on 11 July 2008; or
(b) an authority issued under section 4 of the repealed Water Act 1926–1983 ; or
(c) any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.
sec.21
Granting of water permits
sec.21 Granting of water permits
This section applies to an application for the granting of a water permit to take water from a waterhole or lake.
If a person applies for a water permit to take water from a waterhole or lake mentioned in schedule 5 , section 1 , the person must provide the chief executive with information about the total volume and current water level of the waterhole or lake.
In deciding the application for a water permit, the chief executive must consider the following—
the purpose for which the water is required;
the total volume and current level of the waterhole or lake;
the extent to which water is being taken from the waterhole or lake by existing authorisations;
the availability of an alternative water supply for the purpose for which the water is required;
the impact the proposed taking of, or interfering with, the water may have on—
the drawdown level of the waterhole or lake; and
the ecological values of the waterhole or lake; and
any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.
s 21 amd 2016 SL No. 216 s 146 sch 20
(sec.21-ssec.1) This section applies to an application for the granting of a water permit to take water from a waterhole or lake.
(sec.21-ssec.1A) If a person applies for a water permit to take water from a waterhole or lake mentioned in schedule 5 , section 1 , the person must provide the chief executive with information about the total volume and current water level of the waterhole or lake.
(sec.21-ssec.2) In deciding the application for a water permit, the chief executive must consider the following— the purpose for which the water is required; the total volume and current level of the waterhole or lake; the extent to which water is being taken from the waterhole or lake by existing authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on— the drawdown level of the waterhole or lake; and the ecological values of the waterhole or lake; and any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities. s 21 amd 2016 SL No. 216 s 146 sch 20
(a) the purpose for which the water is required;
(b) the total volume and current level of the waterhole or lake;
(c) the extent to which water is being taken from the waterhole or lake by existing authorisations;
(d) the availability of an alternative water supply for the purpose for which the water is required;
(e) the impact the proposed taking of, or interfering with, the water may have on— (i) the drawdown level of the waterhole or lake; and (ii) the ecological values of the waterhole or lake; and (iii) any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.
(i) the drawdown level of the waterhole or lake; and
(ii) the ecological values of the waterhole or lake; and
(iii) any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.
(i) the drawdown level of the waterhole or lake; and
(ii) the ecological values of the waterhole or lake; and
(iii) any cultural values associated with the waterhole or lake, including, for example, cultural values of local Aboriginal communities.
ch.4-pt.4
Water licences to take water from watercourse, lake or spring
Water licences to take water from watercourse, lake or spring
ch.4-pt.4-div.1
Application of part
Application of part
sec.22
Application of pt 4
sec.22 Application of pt 4
This part applies to a water licence to take water from a watercourse, lake or spring.
ch.4-pt.4-div.2
Form of water licence to take water
Form of water licence to take water
sec.23
Elements of a water licence to take water
sec.23 Elements of a water licence to take water
A water licence to take water must state the following—
the purpose for which water may be taken under the licence;
the maximum rate at which water may be taken under the licence;
the daily volumetric limit for the licence;
the nominal entitlement for the licence;
the conditions, if any, for the licence, including flow conditions and conditions about storing water taken under the licence.
The chief executive is to amend any existing water licences, other than existing water licences with a purpose of stock or domestic, to include the elements mentioned in subsection (1) (a) to (e) .
The chief executive is to amend any existing water licences with a purpose of stock or domestic to include the elements mentioned in subsection (1) (a) and (d) .
(sec.23-ssec.1) A water licence to take water must state the following— the purpose for which water may be taken under the licence; the maximum rate at which water may be taken under the licence; the daily volumetric limit for the licence; the nominal entitlement for the licence; the conditions, if any, for the licence, including flow conditions and conditions about storing water taken under the licence.
(sec.23-ssec.2) The chief executive is to amend any existing water licences, other than existing water licences with a purpose of stock or domestic, to include the elements mentioned in subsection (1) (a) to (e) .
(sec.23-ssec.3) The chief executive is to amend any existing water licences with a purpose of stock or domestic to include the elements mentioned in subsection (1) (a) and (d) .
(a) the purpose for which water may be taken under the licence;
(b) the maximum rate at which water may be taken under the licence;
(c) the daily volumetric limit for the licence;
(d) the nominal entitlement for the licence;
(e) the conditions, if any, for the licence, including flow conditions and conditions about storing water taken under the licence.
sec.24
Restrictions on taking water from waterholes or lakes
sec.24 Restrictions on taking water from waterholes or lakes
This section applies if the chief executive makes a decision about granting a water licence, other than a decision about—
reinstating or replacing an expired authorisation; or
granting a licence in accordance with section 20 ; or
granting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.
When making a decision about the conditions that will apply to a water licence to take water from a waterhole or lake, the chief executive must consider the impact that the taking of water may have on the following—
the ecological values of the waterhole or lake;
any cultural values associated with the waterhole or lake.
If the proposed taking of water is from a waterhole or lake listed in schedule 5 , section 1 , the chief executive must impose a condition on the water licence prohibiting the taking of water from below the natural cease-to-flow level of the waterhole or lake.
Subsection (5) applies if a water licence, other than a water licence for the purpose of stock or domestic, proposes to take water from a waterhole or lake, other than a waterhole or lake listed in schedule 5 , section 1 .
The chief executive must impose a condition on the water licence prohibiting the taking of water from the waterhole or lake when the level of the waterhole or lake is lower than 0.5m below the natural cease-to-flow level of the waterhole or lake.
Subsection (5) does not apply to a water licence proposing to take water from a waterhole listed in schedule 6 , section 1 that has been augmented by dams or weirs.
(sec.24-ssec.1) This section applies if the chief executive makes a decision about granting a water licence, other than a decision about— reinstating or replacing an expired authorisation; or granting a licence in accordance with section 20 ; or granting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.
(sec.24-ssec.2) When making a decision about the conditions that will apply to a water licence to take water from a waterhole or lake, the chief executive must consider the impact that the taking of water may have on the following— the ecological values of the waterhole or lake; any cultural values associated with the waterhole or lake.
(sec.24-ssec.3) If the proposed taking of water is from a waterhole or lake listed in schedule 5 , section 1 , the chief executive must impose a condition on the water licence prohibiting the taking of water from below the natural cease-to-flow level of the waterhole or lake.
(sec.24-ssec.4) Subsection (5) applies if a water licence, other than a water licence for the purpose of stock or domestic, proposes to take water from a waterhole or lake, other than a waterhole or lake listed in schedule 5 , section 1 .
(sec.24-ssec.5) The chief executive must impose a condition on the water licence prohibiting the taking of water from the waterhole or lake when the level of the waterhole or lake is lower than 0.5m below the natural cease-to-flow level of the waterhole or lake.
(sec.24-ssec.6) Subsection (5) does not apply to a water licence proposing to take water from a waterhole listed in schedule 6 , section 1 that has been augmented by dams or weirs.
(a) reinstating or replacing an expired authorisation; or
(b) granting a licence in accordance with section 20 ; or
(c) granting a licence for stock or domestic purposes if the taking of water for that purpose started before 11 July 2008.
(a) the ecological values of the waterhole or lake;
(b) any cultural values associated with the waterhole or lake.
ch.4-pt.4-div.3
Criteria for amending water licences to achieve plan outcomes
Criteria for amending water licences to achieve plan outcomes
sec.25
Definitions for div 3
sec.25 Definitions for div 3
In this division—
amended water licence means an existing water licence to take water from a watercourse, lake or spring amended under section 217 of the Act .
existing water licence means a water licence in force immediately before the commencement of this plan.
sec.26
Amending the purpose stated on water licence held by Commonwealth Environmental Water Holder
sec.26 Amending the purpose stated on water licence held by Commonwealth Environmental Water Holder
If a water licence held by the Commonwealth Environmental Water Holder does not state a purpose, the chief executive is to amend the water licence to state a purpose of ‘environment’.
If a water licence held by the Commonwealth Environmental Water Holder states a purpose other than ‘environment’, the chief executive is to amend the water licence to state a purpose of ‘environment’.
(sec.26-ssec.1) If a water licence held by the Commonwealth Environmental Water Holder does not state a purpose, the chief executive is to amend the water licence to state a purpose of ‘environment’.
(sec.26-ssec.2) If a water licence held by the Commonwealth Environmental Water Holder states a purpose other than ‘environment’, the chief executive is to amend the water licence to state a purpose of ‘environment’.
sec.27
Restrictions on amending water licences
sec.27 Restrictions on amending water licences
A water licence must not be amended to change the purpose—
from environment to another purpose; or
to irrigation.
(a) from environment to another purpose; or
(b) to irrigation.
sec.28
Maximum rate for taking water
sec.28 Maximum rate for taking water
The maximum rate at which water may be taken under an amended water licence is—
for an existing water licence that states a rate for taking water—the stated rate; or
for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 2; or
for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 4; or
for an existing water licence that states both a rate and a pump size—the stated rate; or
for another existing water licence—the rate, in litres per second, decided by the chief executive having regard to the conditions under which water may be taken under the water licence.
(a) for an existing water licence that states a rate for taking water—the stated rate; or
(b) for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 2; or
(c) for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the rate, in litres per second, decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 4; or
(d) for an existing water licence that states both a rate and a pump size—the stated rate; or
(e) for another existing water licence—the rate, in litres per second, decided by the chief executive having regard to the conditions under which water may be taken under the water licence.
sec.29
Daily volumetric limit for taking water
sec.29 Daily volumetric limit for taking water
The daily volumetric limit for an amended water licence to take water is—
for an existing water licence that states a volume of water that may be taken in a day—the stated volume; or
for an existing water licence that does not state a daily volume, but states a maximum rate expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or
for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 3; or
for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 5; or
for an existing water licence that states both a volume of water that may be taken in a day and a pump size—the stated volume; or
for an existing water licence that states both a maximum rate expressed in litres per second and a pump size—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or
for another existing water licence—the volume, in megalitres per day, decided by the chief executive having regard to the conditions under which water may be taken under the existing water licence.
The chief executive must ensure the daily volumetric limit for an amended water licence is not more than the total volume that could be taken in a day at the maximum rate decided for the existing water licence under section 28 .
(sec.29-ssec.1) The daily volumetric limit for an amended water licence to take water is— for an existing water licence that states a volume of water that may be taken in a day—the stated volume; or for an existing water licence that does not state a daily volume, but states a maximum rate expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 3; or for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 5; or for an existing water licence that states both a volume of water that may be taken in a day and a pump size—the stated volume; or for an existing water licence that states both a maximum rate expressed in litres per second and a pump size—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or for another existing water licence—the volume, in megalitres per day, decided by the chief executive having regard to the conditions under which water may be taken under the existing water licence.
(sec.29-ssec.2) The chief executive must ensure the daily volumetric limit for an amended water licence is not more than the total volume that could be taken in a day at the maximum rate decided for the existing water licence under section 28 .
(a) for an existing water licence that states a volume of water that may be taken in a day—the stated volume; or
(b) for an existing water licence that does not state a daily volume, but states a maximum rate expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or
(c) for an existing water licence, or related development permit, that states a pump size, other than for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 3; or
(d) for an existing water licence, or related development permit, that states a pump size, for an axial flow pump—the volume decided by the chief executive having regard to the information about pump sizes and rates in schedule 8 , columns 1 and 5; or
(e) for an existing water licence that states both a volume of water that may be taken in a day and a pump size—the stated volume; or
(f) for an existing water licence that states both a maximum rate expressed in litres per second and a pump size—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or
(g) for another existing water licence—the volume, in megalitres per day, decided by the chief executive having regard to the conditions under which water may be taken under the existing water licence.
sec.30
Nominal entitlements for taking water
sec.30 Nominal entitlements for taking water
The nominal entitlement for an amended water licence to take water is—
for an existing water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; or
for an existing water licence with the purpose of irrigation that states an area that may be irrigated—the volume in megalitres calculated by multiplying the area in hectares by 16; or
for another existing water licence—the volume decided by the chief executive having regard to the following—
the maximum rate of take for taking water under the existing water licence determined under section 28 ;
the conditions under which water may be taken under the existing water licence determined under section 31 ;
the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the use of the water mentioned in subparagraph (iii) .
Subsection (1) (b) does not apply if an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated.
If an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated, then the nominal entitlement is the volume of water that may be taken in a period of 12 months as stated on the existing water licence.
(sec.30-ssec.1) The nominal entitlement for an amended water licence to take water is— for an existing water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; or for an existing water licence with the purpose of irrigation that states an area that may be irrigated—the volume in megalitres calculated by multiplying the area in hectares by 16; or for another existing water licence—the volume decided by the chief executive having regard to the following— the maximum rate of take for taking water under the existing water licence determined under section 28 ; the conditions under which water may be taken under the existing water licence determined under section 31 ; the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the use of the water mentioned in subparagraph (iii) .
(sec.30-ssec.2) Subsection (1) (b) does not apply if an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated.
(sec.30-ssec.3) If an existing water licence states a volume of water that may be taken in a period of 12 months and an area that may be irrigated, then the nominal entitlement is the volume of water that may be taken in a period of 12 months as stated on the existing water licence.
(a) for an existing water licence that states the volume of water that may be taken in a period of 12 months—the stated volume; or
(b) for an existing water licence with the purpose of irrigation that states an area that may be irrigated—the volume in megalitres calculated by multiplying the area in hectares by 16; or
(c) for another existing water licence—the volume decided by the chief executive having regard to the following— (i) the maximum rate of take for taking water under the existing water licence determined under section 28 ; (ii) the conditions under which water may be taken under the existing water licence determined under section 31 ; (iii) the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan; (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
(i) the maximum rate of take for taking water under the existing water licence determined under section 28 ;
(ii) the conditions under which water may be taken under the existing water licence determined under section 31 ;
(iii) the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan;
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
(i) the maximum rate of take for taking water under the existing water licence determined under section 28 ;
(ii) the conditions under which water may be taken under the existing water licence determined under section 31 ;
(iii) the annual volumes of water estimated by the chief executive to have been taken under the existing water licence during a period, of not more than 10 years, immediately before the commencement of this plan;
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
sec.31
Conditions for water licences
sec.31 Conditions for water licences
In deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider—
the terms or conditions stated on the existing water licence; and
any existing water sharing arrangements that relate to the existing water licence.
local management rules for water restrictions
Subsection (3) applies if—
the existing water licence is for water harvesting; and
the water that could have been taken by water harvesting could have been stored in storage that is works that allow the taking of overland flow water.
The chief executive is to impose a condition on the existing water licence to ensure there is no increase in the volume of overland flow water the storage may take.
(sec.31-ssec.1) In deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider— the terms or conditions stated on the existing water licence; and any existing water sharing arrangements that relate to the existing water licence. local management rules for water restrictions
(sec.31-ssec.2) Subsection (3) applies if— the existing water licence is for water harvesting; and the water that could have been taken by water harvesting could have been stored in storage that is works that allow the taking of overland flow water.
(sec.31-ssec.3) The chief executive is to impose a condition on the existing water licence to ensure there is no increase in the volume of overland flow water the storage may take.
(a) the terms or conditions stated on the existing water licence; and
(b) any existing water sharing arrangements that relate to the existing water licence. Example of existing water sharing arrangements— local management rules for water restrictions
(a) the existing water licence is for water harvesting; and
(b) the water that could have been taken by water harvesting could have been stored in storage that is works that allow the taking of overland flow water.
sec.32
Storing water taken under a water licence
sec.32 Storing water taken under a water licence
For an amended water licence with the stated purpose of irrigation, the chief executive is to impose a condition prohibiting the storage of water taken for that purpose (a ‘no store’ condition ).
However, a ‘no store’ condition must not apply to a balancing storage.
When deciding the balancing storage, the chief executive must have regard to the volume of water reasonably necessary for the efficient operation of irrigation infrastructure and the nominal entitlement of the existing water licence, provided—
for a balancing storage in existence at the commencement of this plan—the volume does not exceed the greater of the following—
the capacity of the existing storage used to store the irrigation water component at the commencement of this plan;
30ML; or
for a balancing storage constructed after the commencement of this plan—
the storage volume does not exceed 30ML; and
the storage does not take overland flow water.
An amended water licence with a ‘no store’ condition is not to be amended to remove the condition.
In this section—
balancing storage means the storage of a maximum volume of water decided by the chief executive under subsection (3) .
irrigation infrastructure means water infrastructure or other works for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.
(sec.32-ssec.1) For an amended water licence with the stated purpose of irrigation, the chief executive is to impose a condition prohibiting the storage of water taken for that purpose (a ‘no store’ condition ).
(sec.32-ssec.2) However, a ‘no store’ condition must not apply to a balancing storage.
(sec.32-ssec.3) When deciding the balancing storage, the chief executive must have regard to the volume of water reasonably necessary for the efficient operation of irrigation infrastructure and the nominal entitlement of the existing water licence, provided— for a balancing storage in existence at the commencement of this plan—the volume does not exceed the greater of the following— the capacity of the existing storage used to store the irrigation water component at the commencement of this plan; 30ML; or for a balancing storage constructed after the commencement of this plan— the storage volume does not exceed 30ML; and the storage does not take overland flow water.
(sec.32-ssec.4) An amended water licence with a ‘no store’ condition is not to be amended to remove the condition.
(sec.32-ssec.5) In this section— balancing storage means the storage of a maximum volume of water decided by the chief executive under subsection (3) . irrigation infrastructure means water infrastructure or other works for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.
(a) for a balancing storage in existence at the commencement of this plan—the volume does not exceed the greater of the following— (i) the capacity of the existing storage used to store the irrigation water component at the commencement of this plan; (ii) 30ML; or
(i) the capacity of the existing storage used to store the irrigation water component at the commencement of this plan;
(ii) 30ML; or
(b) for a balancing storage constructed after the commencement of this plan— (i) the storage volume does not exceed 30ML; and (ii) the storage does not take overland flow water.
(i) the storage volume does not exceed 30ML; and
(ii) the storage does not take overland flow water.
(i) the capacity of the existing storage used to store the irrigation water component at the commencement of this plan;
(ii) 30ML; or
(i) the storage volume does not exceed 30ML; and
(ii) the storage does not take overland flow water.
ch.4-pt.5
Interference with water in watercourse, lake or spring
Interference with water in watercourse, lake or spring
sec.33
Application of pt 5
sec.33 Application of pt 5
This part 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.
sec.34
Limitations on interference with water
sec.34 Limitations on interference with water
The application may be granted only if the purpose of the interference or increase is—
to store water to be taken under an authorisation for stock or domestic purposes; or
to store water to be taken under an authorisation for the purpose of town water supply; or
to provide a pumping pool.
However, the application is not to be granted if—
the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or
for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or
the works are to be located on a watercourse mentioned in schedule 4 .
Subsection (2) (c) does not apply to an application for an interference by impounding water for the purpose of accessing water under a water entitlement with its purpose stated as town water supply.
In deciding the application, the chief executive must consider—
for impounding water to allow the taking of water under a water authorisation—
existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and
the availability of water at the proposed site; and
the impact the proposed interference or increase in interference may have on the following—
in-stream water levels;
the natural movement of sediment;
the bed and banks of the watercourse or lake;
riparian vegetation;
habitats for native plants and animals;
the movement of fish and other aquatic species;
the cultural and ecological values of watercourses, waterholes, lakes or springs.
Subsections (2) and (4) do not apply if the application is for an in-stream water storage development in existence immediately before 1 May 1998.
s 34 amd 2016 SL No. 216 s 146 sch 20
(sec.34-ssec.1) The application may be granted only if the purpose of the interference or increase is— to store water to be taken under an authorisation for stock or domestic purposes; or to store water to be taken under an authorisation for the purpose of town water supply; or to provide a pumping pool.
(sec.34-ssec.2) However, the application is not to be granted if— the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or the works are to be located on a watercourse mentioned in schedule 4 .
(sec.34-ssec.3) Subsection (2) (c) does not apply to an application for an interference by impounding water for the purpose of accessing water under a water entitlement with its purpose stated as town water supply.
(sec.34-ssec.4) In deciding the application, the chief executive must consider— for impounding water to allow the taking of water under a water authorisation— existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and the availability of water at the proposed site; and the impact the proposed interference or increase in interference may have on the following— in-stream water levels; the natural movement of sediment; the bed and banks of the watercourse or lake; riparian vegetation; habitats for native plants and animals; the movement of fish and other aquatic species; the cultural and ecological values of watercourses, waterholes, lakes or springs.
(sec.34-ssec.5) Subsections (2) and (4) do not apply if the application is for an in-stream water storage development in existence immediately before 1 May 1998.
(a) to store water to be taken under an authorisation for stock or domestic purposes; or
(b) to store water to be taken under an authorisation for the purpose of town water supply; or
(c) to provide a pumping pool.
(a) the granting of the application would cause an increase in the total licensed in-stream water storage capacity for a subcatchment mentioned in schedule 3 , column 1 of more than the volume stated in schedule 3 , column 2 opposite the subcatchment; or
(b) for an in-stream water storage for purposes other than town water supply—the maximum capacity of the storage is more than 200ML; or
(c) the works are to be located on a watercourse mentioned in schedule 4 .
(a) for impounding water to allow the taking of water under a water authorisation— (i) existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and (ii) the availability of water at the proposed site; and
(i) existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and
(ii) the availability of water at the proposed site; and
(b) the impact the proposed interference or increase in interference may have on the following— (i) in-stream water levels; (ii) the natural movement of sediment; (iii) the bed and banks of the watercourse or lake; (iv) riparian vegetation; (v) habitats for native plants and animals; (vi) the movement of fish and other aquatic species; (vii) the cultural and ecological values of watercourses, waterholes, lakes or springs.
(i) in-stream water levels;
(ii) the natural movement of sediment;
(iii) the bed and banks of the watercourse or lake;
(iv) riparian vegetation;
(v) habitats for native plants and animals;
(vi) the movement of fish and other aquatic species;
(vii) the cultural and ecological values of watercourses, waterholes, lakes or springs.
(i) existing water supplies on the property to which the application relates, including existing weirs, groundwater and works taking overland flow water; and
(ii) the availability of water at the proposed site; and
(i) in-stream water levels;
(ii) the natural movement of sediment;
(iii) the bed and banks of the watercourse or lake;
(iv) riparian vegetation;
(v) habitats for native plants and animals;
(vi) the movement of fish and other aquatic species;
(vii) the cultural and ecological values of watercourses, waterholes, lakes or springs.
sec.35
Interference with water for the provision of a pumping pool
sec.35 Interference with water for the provision of a pumping pool
This section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.
The proposed storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly while minimising the impact the proposed interference may have on the following—
in-stream water levels;
a matter mentioned in section 34 (4) (b) .
In deciding the application, the chief executive must also consider if there is an alternative method available for providing for the operation of the pump that would have a lesser impact on any of the matters mentioned in subsection (2) .
a pump well constructed in bed sand
(sec.35-ssec.1) This section applies if the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.
(sec.35-ssec.2) The proposed storage capacity of the pumping pool must not be greater than the capacity required to enable the pump to function properly while minimising the impact the proposed interference may have on the following— in-stream water levels; a matter mentioned in section 34 (4) (b) .
(sec.35-ssec.3) In deciding the application, the chief executive must also consider if there is an alternative method available for providing for the operation of the pump that would have a lesser impact on any of the matters mentioned in subsection (2) . a pump well constructed in bed sand
(a) in-stream water levels;
(b) a matter mentioned in section 34 (4) (b) .
ch.4-pt.6
Regulating overland flow water
Regulating overland flow water
sec.36
Limitation on taking overland flow water— Act , s 20 (2)
sec.36 Limitation on taking overland flow water— Act , s 20 (2)
This section limits the overland flow water that may be taken under section 20 (2) of the Act .
A person may only take overland flow water—
for stock or domestic purposes; or
for another purpose, other than irrigation, if the works for taking the overland flow water have a capacity of not more than 10ML; or
under a water licence granted from unallocated water; or
of a volume of not more than the amount necessary to satisfy the requirements of—
an environmental authority issued under the Environmental Protection Act 1994 ; or
a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
that is contaminated agricultural runoff water; or
under section 37 .
s 36 amd 2013 Act No. 23 s 352 sch 1 pt 2
(sec.36-ssec.1) This section limits the overland flow water that may be taken under section 20 (2) of the Act .
(sec.36-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or for another purpose, other than irrigation, if the works for taking the overland flow water have a capacity of not more than 10ML; or under a water licence granted from unallocated water; or of a volume of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or under section 37 .
(a) for stock or domestic purposes; or
(b) for another purpose, other than irrigation, if the works for taking the overland flow water have a capacity of not more than 10ML; or
(c) under a water licence granted from unallocated water; or
(d) of a volume of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(e) that is contaminated agricultural runoff water; or
(f) under section 37 .
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
sec.37
Use of existing or reconfigured works to take overland flow water authorised
sec.37 Use of existing or reconfigured works to take overland flow water authorised
This section applies to the owner of land on which either of the following is situated—
existing overland flow works;
overland flow works that—
are a reconfiguration of existing overland flow works; and
do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.
The owner may continue to use the works mentioned in subsection (1) to take overland flow water for 1 year after the commencement of this section (the automatic period ).
If the owner gives the chief executive notice of the overland flow works, in the approved form, and any further information required by the chief executive about the works within the automatic period, the owner may continue to use the overland flow works to take overland flow water after the automatic period.
Subsection (2) does not authorise the owner to increase the average annual volume of overland flow water that may be taken using the overland flow works.
(sec.37-ssec.1) This section applies to the owner of land on which either of the following is situated— existing overland flow works; overland flow works that— are a reconfiguration of existing overland flow works; and do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.
(sec.37-ssec.2) The owner may continue to use the works mentioned in subsection (1) to take overland flow water for 1 year after the commencement of this section (the automatic period ).
(sec.37-ssec.3) If the owner gives the chief executive notice of the overland flow works, in the approved form, and any further information required by the chief executive about the works within the automatic period, the owner may continue to use the overland flow works to take overland flow water after the automatic period.
(sec.37-ssec.4) Subsection (2) does not authorise the owner to increase the average annual volume of overland flow water that may be taken using the overland flow works.
(a) existing overland flow works;
(b) overland flow works that— (i) are a reconfiguration of existing overland flow works; and (ii) do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.
(i) are a reconfiguration of existing overland flow works; and
(ii) do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.
(i) are a reconfiguration of existing overland flow works; and
(ii) do not increase the average annual volume of overland flow water able to be taken above the average annual volume taken using the existing overland flow works.
sec.38
Granting water licences for using existing works or reconfiguration of existing works
sec.38 Granting water licences for using existing works or reconfiguration of existing works
This section applies if—
an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and
the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
The chief executive may—
under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and
impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
(sec.38-ssec.1) This section applies if— an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
(sec.38-ssec.2) The chief executive may— under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
(a) an owner of land has complied with section 37 to continue taking overland flow water using overland flow works; and
(b) the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the overland flow works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
(a) under section 212 of the Act , grant a water licence to replace the authorisation under section 37 ; and
(b) impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the overland flow works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
sec.39
Interim arrangements for taking overland flow water
sec.39 Interim arrangements for taking overland flow water
This section applies until the resource operations plan is approved.
New works for taking overland flow water in the plan area must not be physically started, and works that are completed or partly completed must not be raised, enlarged or deepened, unless the works are—
for stock or domestic purposes; or
for another purpose, other than irrigation, if the works have a capacity of not more than 10ML; or
of a volume less than or equal to the amount necessary to satisfy the requirements of—
an environmental authority issued under the Environmental Protection Act 1994 ; or
a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
for contaminated agricultural runoff water; or
under section 37 .
An application, under section 206 of the Act , for a water licence to take overland flow water must not be granted unless the works to which the application relates are for—
the purpose of town and community water supply; or
a project of State or regional significance.
(sec.39-ssec.1) This section applies until the resource operations plan is approved.
(sec.39-ssec.2) New works for taking overland flow water in the plan area must not be physically started, and works that are completed or partly completed must not be raised, enlarged or deepened, unless the works are— for stock or domestic purposes; or for another purpose, other than irrigation, if the works have a capacity of not more than 10ML; or of a volume less than or equal to the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or for contaminated agricultural runoff water; or under section 37 .
(sec.39-ssec.3) An application, under section 206 of the Act , for a water licence to take overland flow water must not be granted unless the works to which the application relates are for— the purpose of town and community water supply; or a project of State or regional significance.
(a) for stock or domestic purposes; or
(b) for another purpose, other than irrigation, if the works have a capacity of not more than 10ML; or
(c) of a volume less than or equal to the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(d) for contaminated agricultural runoff water; or
(e) under section 37 .
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(a) the purpose of town and community water supply; or
(b) a project of State or regional significance.
ch.4-pt.7
Relationship with Sustainable Planning Act 2009
Relationship with Sustainable Planning Act 2009
sec.40
Works for taking overland flow water
sec.40 Works for taking overland flow water
s 40 om 2016 SL No. 216 s 146 sch 20
sec.41
Particular works for interfering with water
sec.41 Particular works for interfering with water
s 41 om 2016 SL No. 216 s 146 sch 20
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.4-pt.1 Preliminary
Preliminary
sec.14 Decisions about taking water
sec.14 Decisions about taking water
The chief executive is not to make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water allowed to be taken in the plan area.
A decision mentioned in subsection (1) includes a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.
Subsection (1) does not apply to a decision about—
a water permit; or
reinstating or replacing an expired authorisation; or
taking overland flow water under section 38 ; or
unallocated water; or
a water licence mentioned in section 20 .
(sec.14-ssec.1) The chief executive is not to make a decision, about the allocation or management of water in the plan area, that would increase the average volume of water allowed to be taken in the plan area.
(sec.14-ssec.2) A decision mentioned in subsection (1) includes a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.
(sec.14-ssec.3) Subsection (1) does not apply to a decision about— a water permit; or reinstating or replacing an expired authorisation; or taking overland flow water under section 38 ; or unallocated water; or a water licence mentioned in section 20 .
(a) a water permit; or
(b) reinstating or replacing an expired authorisation; or
(c) taking overland flow water under section 38 ; or
(d) unallocated water; or
(e) a water licence mentioned in section 20 .
sec.15 Measuring devices
sec.15 Measuring devices
s 15 om 2014 SL No. 142 s 69
ch.4-pt.2 Unallocated water
Unallocated water
sec.16 Establishing unallocated water reserves
sec.16 Establishing unallocated water reserves
This plan makes the following volumes of unallocated water available—
for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations;
for a non-irrigation purpose—a general reserve of 200ML;
for a project of State or regional significance—a strategic reserve of 1,300ML;
for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.
The volumes mentioned in subsection (1) are nominal entitlements.
Unallocated water may be taken from—
a watercourse, lake or spring; or
overland flow.
A volume of water granted from the Indigenous reserve—
if the volume of water is granted for a project—
is to be granted for the life of the project; and
returns to the Indigenous reserve on the completion of the project; or
otherwise—returns to the Indigenous reserve when the water is no longer needed.
A volume of water granted from the strategic reserve for a project of State or regional significance—
must be granted only for the life of the project; and
returns to the strategic reserve on the completion of the project.
(sec.16-ssec.1) This plan makes the following volumes of unallocated water available— for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations; for a non-irrigation purpose—a general reserve of 200ML; for a project of State or regional significance—a strategic reserve of 1,300ML; for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.
(sec.16-ssec.2) The volumes mentioned in subsection (1) are nominal entitlements.
(sec.16-ssec.3) Unallocated water may be taken from— a watercourse, lake or spring; or overland flow.
(sec.16-ssec.4) A volume of water granted from the Indigenous reserve— if the volume of water is granted for a project— is to be granted for the life of the project; and returns to the Indigenous reserve on the completion of the project; or otherwise—returns to the Indigenous reserve when the water is no longer needed.
(sec.16-ssec.5) A volume of water granted from the strategic reserve for a project of State or regional significance— must be granted only for the life of the project; and returns to the strategic reserve on the completion of the project.
Restrictions on storage for irrigation licences via a mandatory ‘no store’ condition, with narrowly defined balancing storage exceptions (s 32).
Controls on interference with water (impoundments), including purposes that are permitted (stock and domestic, town water supply, pumping pools), capacity limits for in‑stream storages and location exclusions (ss 33-35).
A framework for regulating overland flow water, limiting when and how overland flow may be taken (s 36), transitional authorisations for existing or reconfigured works with a one‑year automatic period and notice requirements (s 37), and power to grant licences with conditions to prevent an increase in average annual overland flow take (s 38). Interim restrictions apply until the resource operations plan is approved (s 39).
Cross‑references to the principal Act and other statutes for the grant and amendment powers and for environmental approvals, meaning the plan acts through the chief executive’s statutory powers rather than creating separate licensing courts or tribunals (for example, ss 20, 33, 38 refer to s 212, s 206 and s 212 of the Act; s 36 refers to Environmental Protection Act 1994).
Mechanically, the instrument is a rules‑heavy regulatory plan: it allocates fixed nominal reserve volumes, imposes conversion rules for historic licences, requires particular information with some applications, prescribes mandatory considerations for decision‑makers and restricts infrastructure and storage. Discretionary decisions remain with the chief executive but are constrained by mandatory matters to consider and specific prohibitions (for example, s 14(1), s 27).
Main concepts
The plan builds on several recurring legal and technical concepts that determine outcomes for licence holders, applicants and the State. Practitioners need to read these concepts against the sections that operationalise them.
Average annual volume and average volume allowed to be taken: Central to the plan is a prohibition on decisions that increase the average volume of water allowed to be taken in the plan area (s 14(1)). The plan does not define a calculation methodology in the text provided; practitioners must therefore consult the resource operations plan, schedules and the principal Act for the precise measurement method. The prohibition has statutory exceptions (s 14(3)) and applies to pending applications (s 14(2)).
Nominal entitlement: The plan repeatedly uses the phrase nominal entitlement to describe the annual or base entitlement associated with licences, and prescribes how to calculate it when amending licences (s 16(2), s 30). For existing licences the nominal entitlement will often be the volume stated on the licence (s 30(1)(a)); for irrigation licences it can be an area‑based conversion to a volume (s 30(1)(b)); in other cases the chief executive decides the volume with explicit factors to guide that decision (s 30(1)(c)).
Amended water licences and existing water licences: “Amended water licence” is a statutory term for an existing licence adjusted under the plan (s 25). The plan imposes standard elements that all amended licences must state (purpose, maximum rate, daily volumetric limit, nominal entitlement and conditions) and requires the chief executive to amend existing licences to include those elements (s 23).
Maximum rate, daily volumetric limit and conversion rules: The plan contains conversion mechanisms to translate historical licence terms (stated pump sizes, stated rates or stated daily/annual volumes) into the modern licence elements. Sections 28 and 29 tie pump sizes and rates to litres per second or megalitres per day using schedule 8, and s 29(2) sets a consistency rule that the daily limit must not exceed what the maximum rate would produce in a day.
No‑store condition and balancing storage: For amended irrigation licences, the chief executive must impose a ‘no store’ condition prohibiting storage of taken water, subject to limited balancing storage exceptions. The balancing storage rules limit retrofitting or new storage and cap post‑plan balancing storage at 30 ML for new constructions or the greater of existing irrigation storage capacity and 30 ML for existing storages (s 32).
Unallocated water reserves and project life allocations: The plan establishes four named reserves with fixed nominal volumes and specifies that allocations from Indigenous and strategic reserves to projects are for the life of the project and must return to the reserve on completion (s 16(1), (4)-(5)).
Overland flow: The plan differentiates water taken from classical watercourses, lakes and springs from overland flow water and tightly regulates the latter with purpose, capacity and transitional notice rules (ss 36-39). Overland flow works that are reconfigurations and that do not increase average annual take may continue under transitional notification (s 37).
Mandatory matters for decision‑making: Several provisions make particular considerations mandatory. For example, dealing with unallocated water requires the chief executive to consider water use efficiency, ecological values, cultural values and alternatives (s 19(2)). When deciding conditions for licences taking from waterholes or lakes, the chief executive must consider ecological and cultural values and is required to impose minimum protective conditions in specified circumstances (s 24).
Interaction with environmental approvals and planning instruments: The plan explicitly recognises that certain overland flow volumes required to satisfy environmental authorities or development permits under the Environmental Protection Act 1994 can be taken (s 36(2)(d)). It also ties decision‑making on unallocated water for local government town supply to completion of a planning study demonstrating need (s 19(2)(g)).
These core concepts structure how quantities are calculated, how existing uses are grandfathered or limited, and what evidence and conversion rules determine modern licence terms. Several of these concepts,average annual volume, balancing storage, pump size conversion tables,depend on schedules or other chapters referenced but not reproduced here, so the statutory text must be read with the full plan and schedules.
Who it affects
The plan names several classes of actors and defines who can apply, who can keep using works and who is excluded from some benefits.
Chief executive: The central decision‑maker. The plan repeatedly vests the chief executive with powers to grant licences under the Act (for example, s 20 refers to s 212 of the Act; s 38 also refers to s 212) and to amend existing licences (s 23, s 26). The chief executive must apply specified considerations when making decisions (for example, the matters at ss 19, 24, 31).
Existing licence holders and owners of works: Holders of existing authorities and owners of existing works retain rights to continue taking water in limited ways:
Owners may continue to use works associated with historic authorities until the chief executive grants a replacement water licence (s 20(6)).
Owners of existing or reconfigured overland flow works may continue to use those works for one year after commencement (the automatic period), and may continue after that only if they notify the chief executive in the approved form and supply further required information (s 37(2)-(3)). Subsection 37(4) makes clear no automatic increase in average annual take is authorised.
Applicants for new licences or permits: Individuals, companies, local government and State entities making applications are affected by the information and evidentiary requirements:
Applications for water permits for waterholes or lakes listed in schedule 5 require disclosure of total volume and current water level (s 21(1A)).
Local governments applying for unallocated water for town supply must complete a planning study demonstrating need (s 19(2)(g)).
Applicants seeking to take overland flow must meet strict capacity and purpose tests (s 36(2)) and are subject to interim prohibitions until the resource operations plan is approved (s 39).
Aboriginal communities and Indigenous interests: The plan expressly creates an Indigenous reserve of 200 ML for non‑irrigation purposes intended to help local Aboriginal people achieve economic and social aspirations (s 16(1)(a)). Volumes granted from that reserve for projects are limited to the life of the project and return to the reserve on completion (s 16(4)).
State and local government: Section 20(1)(c) limits certain historic permissions to being converted only to water licences granted to the State or a local government. The plan similarly contemplates town and community water reserves for local government (s 16(1)(d)).
Commonwealth Environmental Water Holder: The plan requires the chief executive to amend any water licence held by the Commonwealth Environmental Water Holder to have a purpose of ‘environment’ if it does not already (s 26).
Prospective developers of in‑stream storages and irrigation infrastructure: The plan imposes capacity and location limits on new in‑stream storages and prohibits certain storage expansion or construction for irrigation, notably by imposing the ‘no store’ rule for amended irrigation licences and by denying approval for in‑stream storages above 200 ML except for town supply (ss 32, 34(2)(b)).
Who pays: The plan itself does not specify fees or charges for applications; costs fall on applicants for compliance, studies and information provision. Licence holders may bear compliance costs from conditions (for example, restrictions on storage, imposition of flow conditions, and limits tied to pump sizes). Owners who reconfigure overland flow works must notify and potentially accept licence conditions that cap average annual take (ss 37-38). Regulatory risk and uncertainty primarily fall on existing licence holders where the chief executive is empowered to amend licences using conversion rules (ss 28-30) and impose conditions (s 31, s 32).
Who decides: The chief executive decides on grant, amendment and conditions (for licences and reserves) and makes discretionary calls about whether a project is of regional significance (s 17), subject to mandatory considerations in various provisions (for example, s 19, s 24, s 31) and absolute prohibitions in others (for example, s 14(1), s 27).
Key duties and rights
This section summarises the plan’s mandatory duties for decision‑makers and rights for applicants and existing users.
Duties that bind the chief executive and decision‑makers
Do not increase average volume: The chief executive must not make a decision that would increase the average volume of water allowed to be taken in the plan area (s 14(1)). This is a non‑delegable prohibition in the text.
Mandatory considerations for unallocated water: When preparing and implementing the resource operations plan process for unallocated water, the chief executive must consider a list of ecological, social and technical factors (s 19(2)). The list includes purpose, efficiency of use, existing authorisations, alternative supplies, ecological values, cultural values and connections to groundwater (s 19(2)(a)-(g)).
Mandatory licence content: A water licence to take water must state the purpose, maximum rate, daily volumetric limit, nominal entitlement and any conditions (s 23(1)). The chief executive must amend existing licences to include those elements (s 23(2)-(3)).
Conversion rules: The chief executive must apply the specific conversion rules for maximum rate (s 28), daily volumetric limit (s 29) and nominal entitlement (s 30), having regard to schedule 8 where pump sizes are used and specified historical data and efficiency considerations for nominal entitlements (s 30(1)(c)).
Protection of certain waterholes/lakes: When granting a water licence to take from a waterhole or lake listed in schedule 5, the chief executive must impose a condition prohibiting taking from below the natural cease‑to‑flow level (s 24(3)). For other waterholes or lakes, the chief executive must prohibit taking when the level is lower than 0.5 m below the natural cease‑to‑flow level unless that waterhole is a schedule 6 waterhole augmented by dams or weirs (s 24(5)-(6)).
No conversion of environmental purpose: A water licence must not be amended to change its purpose from ‘environment’ to another purpose or to irrigation (s 27).
Rights and entitlements for applicants and holders
Continuation of existing works: Owners of existing works associated with historic authorities may continue to use those works to take water until the chief executive grants a replacement water licence (s 20(6)).
Transitional use for overland flow works: Owners of existing or permitted reconfigured overland flow works may continue to use them for one year after commencement (automatic period), and can continue after the automatic period if they notify the chief executive in the approved form and provide further information (s 37(2)-(3)). However, continuation does not authorise increases in average annual take (s 37(4)).
Life‑of‑project allocations: Volumes from the Indigenous or strategic reserves granted for projects are explicitly for the life of the project and must revert to the reserve on completion (s 16(4)-(5)).
Granting authority limited by purpose: The plan restricts grantable purposes for impoundments and overland flow (for example, s 34(1) limits impoundment purposes to stock/domestic, town supply or pumping pools; s 36 restricts overland flow uses).
Application requirements: Applicants for water permits from certain waterholes must provide information on total volume and current water level (s 21(1A)). Local governments applying for town water supply from unallocated water must provide a planning study demonstrating need (s 19(2)(g)).
Operational duties on licence holders and owners
Compliance with licence conditions: Licence holders are bound by licence conditions, which may include flow conditions and storing conditions and may be imposed or amended by the chief executive (s 23(1), s 31).
Storage restrictions for irrigation licences: Amended irrigation licences will carry a ‘no store’ condition, except for allowed balancing storage that must comply with the size and type limits (s 32(1)-(3)). The chief executive may not remove a ‘no store’ condition once imposed (s 32(4)).
Notification obligations for overland flow: Owners wishing to continue using existing or reconfigured overland flow works beyond the automatic period must give notice in the approved form to the chief executive and provide any further required information (s 37(3)).
Rights that the plan does not create
The plan does not itself set out enforcement sanctions or appeal mechanisms; those are governed by the principal Act and other statutes to which the plan refers (for example, ss 20, 33, 38 refer to the Act). The plan relies on licence conditions and statutory powers to control behaviour rather than listing new penalties within the plan text.
Collectively, the plan imposes duties that constrain how the chief executive exercises discretion and sets specific operational rights and obligations for existing users, applicants and special interest categories (Indigenous reserve, Commonwealth Environmental Water Holder, local government). Practitioners should identify whether a matter in issue engages a mandatory consideration (for example, s 19, s 24, s 31) because failure to take those into account will be a focal point in any reviewable decision challenge.
Penalties and enforcement
The plan text provided does not itself specify discrete monetary penalties or an enforcement regime; instead it relies on the chief executive’s powers under the principal Act and on licence conditions to control conduct. The following points are mechanically relevant for enforcement and compliance risk.
Enforcement through licence conditions and statutory powers: The plan delegates substantive control to water licences, which must include conditions and elements prescribed by the plan (s 23). The chief executive can impose conditions to limit rates, volumes and storage and to ensure no increase in average annual take (for example, s 38(2) permits conditions to ensure the average annual volume taken using overland flow works is not more than pre‑plan operating arrangements). Non‑compliance with licence conditions will typically be actionable under the principal Act or regulations rather than under this plan text alone.
No new penalty provisions in the plan: This instrument does not set out its own civil or criminal penalties. It contains mandatory requirements on decision‑makers and procedural rules for applicants, but remedial or punitive measures are to be found in the Act and subordinate instruments that govern licensing, compliance and enforcement (the plan references s 206 and s 212 of the Act for grant and application processes in several places, e.g. ss 20, 33, 38).
Compliance levers used are preventative and conditional: The plan’s primary mechanisms are preventive: prohibitions (s 14(1)), mandatory conditions (e.g., no‑store in s 32), conversion rules (ss 28-30), and capped reserve volumes (s 16). For overland flow works, the plan uses an automatic transitional right and a notice requirement to move existing uses into regulatory oversight (s 37).
Administrative consequences: The chief executive’s power to refuse to grant licences in certain situations (for example, s 34(2) prohibits granting impoundment applications that would increase licensed in‑stream storage capacity above the schedule 3 limit, or exceed 200 ML for non‑town water supply purposes) is an administrative barrier that can be enforced by refusing applications or by imposing conditions to limit impacts (s 34).
Conditions designed to prevent quantitative increases: Section 14(1) is an instructive constraint , decisions must not increase the average volume allowed to be taken in the plan area. Where an owner reconfigures overland flow works and the chief executive is satisfied the average annual volume taken has increased, the chief executive may grant a licence but impose a condition to prevent increase beyond the historic average (s 38(2)). This creates a regulatory lever to restore or maintain previous volumetric baselines.
Where enforcement detail is needed, consult the Act: For practical enforcement options, sanctions, infringement notices, compliance notices, remedial powers, and appeal routes, practitioners must consult the Act cited in the plan (for example, ss 206, 212 and 217 references) and subordinate regulations and policies. The plan itself signals the enforcement architecture by relying on licensing and conditions rather than by setting out penalties.
In short, the plan prescribes obligations and confers conditional rights, but enforcement is effected by administrative licensing and conditions under the principal Act. Practitioners should therefore map relevant licence conditions back to the Act and to any compliance instruments and regulatory guidance to understand the full range of enforcement tools.
How it interacts with other laws
The plan cross‑references and embeds interactions with the principal water Act and with other environmental and planning statutes. The text explicitly links decision‑making and permitted conduct to those instruments; understanding the interactions is essential to advise clients.
Principal Act , grant and amendment powers: Multiple provisions require the chief executive to exercise powers under the Act when granting or amending licences. For example, the chief executive may grant water licences under s 212 of the Act (s 20(1), s 38(2)), and amended licences are to be made under s 217 of the Act (s 25 definition). Applications for licences to interfere with a watercourse, lake or spring are made under s 206 of the Act (s 33). The plan therefore operates through, and is constrained by, the Act’s application, procedural and appeal framework.
Environmental Protection Act 1994: Section 36(2)(d) and related subparagraphs explicitly allow overland flow water of a volume necessary to satisfy an environmental authority or an environmentally relevant activity development permit (other than mining or petroleum) issued under the Environmental Protection Act 1994. That creates an interaction where environmental regulatory approvals may authorise limited overland flow extraction that would otherwise be restricted under the plan.
Historical Water Act: Section 20(1)(b) allows the chief executive to convert authorities issued under s 4 of the repealed Water Act 1926-1983 into water licences, preserving legacy rights subject to conversion rules. Practitioners handling historical rights must therefore examine the repealed Act’s authorities alongside plan conversion rules.
Sustainable Planning Act 2009: The plan contains a heading noting relationship with the Sustainable Planning Act 2009 and two sections (ss 40-41) that have been omitted (s 40 and s 41 om 2016 SL No. 216 s 146 sch 20). The omission indicates the plan once contained provisions dealing with planning approvals but those parts are no longer operative. Practitioners should determine current planning approval paths in the planning law in force.
Commonwealth environmental water: Section 26 requires any water licence held by the Commonwealth Environmental Water Holder to be amended so that its purpose is ‘environment’. That interacts with Commonwealth holdings and could affect how Commonwealth environmental water is managed locally.
Local government and town water supply: The plan conditions local government access to unallocated water on completion of a planning study demonstrating a need (s 19(2)(g)). This creates an intersection between local strategic planning processes and water allocation decisions.
Resource operations plan and schedules: The plan requires the resource operations plan to include a process for dealing with unallocated water (s 19(1)) and refers to schedules for capacity, subcatchment limits, waterhole lists and pump conversion tables (for example, schedules 3, 4, 5, 6, 8 are referenced in ss 28, 29, 30, 34, 24). Those schedules and the resource operations plan are part of the broader statutory package and determine technical application in practice.
Transitional and savings provisions: Several provisions preserve pre‑commencement uses (for example, owners may continue to use works until a replacement licence is granted, s 20(6); in‑stream storages existing immediately before 1 May 1998 are not subject to s 34(2)-(4), s 34(5)). Those transitional rules interact with historical rights under the repealed Water Act and any development approvals in place before the plan's commencement.
The plan is not a self‑contained regulatory island. Its practical operation requires reading the plan alongside the principal Act, relevant environment and planning instruments, the resource operations plan and the schedules. For example, decisions tied to pump‑size conversions require schedule 8 to be applied (ss 28-29). Environmental approvals under the Environmental Protection Act 1994 may authorise limited overland flow taking that the plan otherwise restricts (s 36(2)(d)). Practitioners should therefore gather the package of instruments applicable to a matter (the Act, the resource operations plan, the schedules, Environmental Protection Act approvals, local planning instruments) before advising on entitlements, conversion outcomes or compliance.
Amendment history
The plan text indicates a history of targeted amendments and omissions. The instrument recorded in the provided text includes a number of express amendment annotations. Those annotations identify the most relevant changes recorded within the plan text itself; practitioners should consult the official statute instruments and consolidated legislation for precise amendment dates and textual history.
Amendments and omissions flagged in the text
Section 15: The plan records that s 15 was omitted by 2014 SL No. 142 s 69 (s 15 om 2014 SL No. 142 s 69). The content of s 15 is not reproduced here.
Section 18: Section 18 is omitted (s 18 om 2014 SL No. 142 s 70).
Section 19: Section 19 was amended by 2016 SL No. 216 s 146 sch 20 (s 19 amd 2016 SL No. 216 s 146 sch 20). The current text includes the amended mandatory considerations for the resource operations plan process for dealing with unallocated water (s 19(2)). The amendment note indicates the provision was substantively revised in 2016.
Section 21: Section 21 was amended by 2016 SL No. 216 s 146 sch 20 (s 21 amd 2016 SL No. 216 s 146 sch 20). The amendment added the specific applicant information requirement for waterholes or lakes mentioned in schedule 5 (s 21(1A)) and clarified the considerations for decisions.
Section 34: Section 34 was amended by 2016 SL No. 216 s 146 sch 20 (s 34 amd 2016 SL No. 216 s 146 sch 20). The amendment adjusts the decision‑making and capacity constraints for interference with water by impoundment.
Section 36: Section 36 was amended by 2013 Act No. 23 s 352 sch 1 pt 2 (s 36 amd 2013 Act No. 23 s 352 sch 1 pt 2). The current text includes the present list of purposes and circumstances in which overland flow water may be taken.
Sections 40 and 41: The plan records that ss 40 and 41 were omitted by 2016 SL No. 216 s 146 sch 20 (s 40 om 2016 SL No. 216 s 146 sch 20; s 41 om 2016 SL No. 216 s 146 sch 20). Their omission suggests an adjustment to the plan’s express relationship with the Sustainable Planning Act 2009 in 2016.
What the amendment notes imply
Targeted, iterative change: The annotations show that the plan has been revised in targeted ways rather than being wholly replaced. Amendments in 2013, 2014 and 2016 modified specific provisions on measuring devices, interim arrangements, unallocated water processes and overland flow work regulation.
Areas to check in practice: Any practitioner dealing with applications or compliance should verify the consolidated text against the amending instruments cited (2013 Act No. 23, 2014 SL No. 142, 2016 SL No. 216) and ensure they consult the resource operations plan and schedules that the amendments reference (for example, schedule 8 for pump conversion data).
Removal of planning specific clauses: Omissions of ss 40-41 in 2016 indicate that the plan’s direct provisions on particular planning interactions were removed; practitioners should therefore consult the current planning law framework to determine how planning approvals are now coordinated with water licensing.
Because the amendment notes are embedded in the provision headings and marginal notes, professionals should treat them as signposts and confirm the full amendment history and consolidated wording in official legislative databases and the Government Gazette for applications requiring precise chronology, transitional application, and savings clauses.
Litigation history
The plan text provided contains no case law, statutory appeals or litigation outcomes. It does not record any judicial or administrative tribunal decisions that interpret its provisions. Accordingly, the instrument itself does not reveal past litigation. Nevertheless, the plan’s structure and mandatory duties create a number of concrete legal axes that are likely to give rise to disputes in practice.
Potential grounds for judicial review based on the plan text
Failure to consider mandatory matters: Several provisions require the chief executive to consider specified matters when making a decision (for example, s 19(2) requires consideration of ecological values, water quality, cultural values, efficiency of use, and alternatives; s 24(2) requires consideration of ecological and cultural impacts; s 31(1) requires consideration of existing licence terms and sharing arrangements). A decision-maker’s failure to consider a mandatory item could be a ground for judicial review on the standard administrative law head of error of law.
Non‑compliance with prohibitions: Section 14(1) imposes an absolute prohibition on making a decision that increases the average volume allowed to be taken in the plan area. A decision that on its face increases average permitted volume could therefore be challenged as contrary to express statutory prohibition.
Procedural fairness and factual errors: Conversion of historical terms to modern licence elements (ss 28-30) requires factual assessments of pump sizes, historical take and efficiency. Affected licence holders may challenge conversions on the basis of factual error, failure to take into account available evidence, or irrationality if the chief executive’s decision is not supported by the material specified in the plan (for example, where schedule 8 is relevant).
Discretion and reasonableness in regional significance and reserve allocations: Decisions to classify projects as being of regional significance (s 17) or to grant volumes from strategic or Indigenous reserves for projects (s 16(4)-(5)) involve discretionary assessment of economic, social and public interest factors. A disappointed applicant or third party could contest the exercise of that discretion where legal error or irrationality is alleged.
Practical litigation routes and gaps
The plan refers to the principal Act for application and licensing powers (for example, ss 206, 212, 217). The Act will contain the statutory review or appeal mechanisms, and those routes determine whether merits review, administrative appeal or judicial review is available. Because the plan does not itself set out appeal routes, practitioners must consult the Act for limitations periods, appeal tribunals and remedies.
The plan’s reliance on schedules and the resource operations plan means that disputes may require technical evidence about hydrology, pump performance, measurements of average annual volumes, and the interpretation of terms such as “natural cease‑to‑flow level”. That technical overlay will shape the litigation profile.
In summary, while no litigation history is recorded in the provided text, the plan contains many mandatory considerations, explicit prohibitions and conversion rules that create discrete, reviewable decision points. Practitioners should identify which statutory mechanisms in the principal Act govern review and gather technical evidence that ties to the schedules and resource operations plan if litigation or administrative review is contemplated.
Gotchas
Several provisions introduce traps for the unwary applicant, licence holder or adviser. The following list highlights specific operational pitfalls that flow directly from the plan text and should be checked before advising clients or beginning works.
The “average volume” prohibition is broad and prospective: Section 14(1) bars decisions that would increase the average volume of water allowed to be taken in the plan area. The plan does not define the calculation in this extract; relying on a lay understanding may be risky. Practitioners must identify how average is calculated in the resource operations plan and whether a proposal interacts with other permitted exceptions in s 14(3). Do not assume pending applications are unaffected , s 14(2) expressly includes applications made but not dealt with before commencement.
Pump size conversions rely on schedule 8: Maximum rates and daily volumetric limits for many amended licences are calculated using schedule 8 pump size/rate relationships (ss 28-29). If a licence simply states a pump size, the chief executive will use schedule 8 for conversion. Missing or inaccurate pump information in an application will materially change the converted rate and volume.
“No store” condition for irrigation licences is effectively permanent: The plan mandates a ‘no store’ condition for amended irrigation licences (s 32(1)) and expressly prohibits removing that condition (s 32(4)). Balancing storage exceptions are tightly limited by size and source rules (s 32(3)). Expect resistance if a licence holder seeks to create or expand irrigation storages after amendment.
Overland flow works get a one‑year automatic period but require strict notice: Owners of existing or reconfigured overland flow works can continue to use them for one year (automatic period) but must give notice in the approved form and provide further information within that period to continue using them (s 37(2)-(3)). Failure to notify in the approved form within the period may remove the transitional right.
Existing works can be continued only until a licence is granted: Under s 20(6) an owner may continue to use works associated with a historic authority only until the chief executive grants a water licence. Once a conversion decision is made, the holder’s rights will be shaped by the new licence. Owners should actively manage the conversion process to protect entitlements.
Location and capacity restrictions for impoundments are concrete limits: Section 34(2) contains absolute refusals where a proposed in‑stream storage would cause exceedance of schedule 3 subcatchment capacity or would exceed 200 ML for non‑town supply purposes or be located on watercourses listed in schedule 4. Check these schedules closely; the plan’s prohibitions are numerical and location‑specific.
Waterholes listed in schedule 5 have stronger protections and extra applicant obligations: If a waterhole or lake is listed in schedule 5, applicants for permits must provide total volume and current water level (s 21(1A)) and the chief executive must prohibit taking below the natural cease‑to‑flow level (s 24(3)). For other waterholes, a 0.5 m buffer applies (s 24(5)), but that buffer is subject to exceptions (s 24(6)).
“Environment” purpose licences cannot be converted away: Section 26 requires licences held by the Commonwealth Environmental Water Holder to be amended to state ‘environment’ and s 27 forbids amending licences to change purpose from ‘environment’ to another purpose or to irrigation. This is a tight protection for environmental water holdings and limits transfers of purpose.
Interactions with environmental approvals can be overlooked: The plan allows taking overland flow water to satisfy environmental authorities or relevant development permits under the Environmental Protection Act 1994 (s 36(2)(d)). Practitioners must ensure that any claim to take overland flow under those approvals is actually supported by the environmental authority or development permit and properly coordinated with the resource operations plan.
Reconfiguration does not licence expansion of average take: Section 37(1)(b) allows reconfiguration of existing overland flow works only if it does not increase average annual volume able to be taken. If the chief executive is satisfied there has been an increase, section 38 permits a replacement licence but with conditions to cap average annual take. Practitioners must be ready to document historical average take quantitatively.
The plan repeatedly references other documents and schedules: Outcomes mentioned in chapter 3, schedule 3 subcatchment capacities, schedule 8 pump conversion data, schedule 5 and 6 waterhole lists , decisions depend on these cross‑references. Missing a schedule or plan reference can lead to incorrect advice or unexpected outcomes.
In short, the main operational “gotchas” are numerical and documentary: conversion rules tied to schedules, mandatory buffers and capacity caps, permanent storage limitations for irrigation, strict transitional notification windows, and the chief executive’s constrained but consequential discretion. Because the instrument often prescribes a specific outcome (for example, impose a no‑store condition, prohibit taking below a natural cease‑to‑flow level), advice must be based on the full statutory package, technical data and any site‑specific measurements.
How to comply
This section offers practical steps, drawn from the plan’s text, for applicants, licence holders and owners of works seeking to comply with the plan’s requirements. Each step maps to the relevant statutory trigger.
Pre‑application checks and technical materials
Determine which water source is involved: watercourse, lake, spring or overland flow (s 16(3), s 22). The plan treats these differently; overland flow comes with specific limits (s 36) and transitional rules (s 37-39).
Consult the resource operations plan and the schedules: identify whether the waterhole or lake is listed in schedule 5 or schedule 6, identify subcatchment volumes in schedule 3, and consult schedule 8 for pump‑size/rate conversion. The plan’s conversion and protective rules reference these schedules directly (for example, ss 24, 28-30, 34(2)).
For local government town supply requests, prepare a planning study demonstrating the need for water as required by s 19(2)(g).
For applications to take from waterholes or lakes
If the waterhole or lake is in schedule 5, include the total volume and current water level in the application (s 21(1A)). Absent this data the application may not meet statutory minimum information requirements.
Anticipate mandatory decision criteria: set out in your application evidence addressing purpose, extent of existing take, alternatives, ecological values, drawdown impact and cultural values (s 21(2)). Proactively provide hydrological, ecological and cultural assessments.
For converting historic authorities into water licences
Compile the existing instrument and operational data: the plan permits grants under s 212 of the Act to replace historic authorities (s 20(1)). Provide documentation of historical pump sizes, rates and annual volumes because the chief executive will apply ss 28-30 conversion rules and consider annual volumes taken over the previous up to 10 years (s 30(1)(c)(iii)).
Expect the chief executive to impose the elements required by s 23 and to amend licence wording to include purpose, maximum rate, daily volumetric limit, nominal entitlement and conditions (s 23(1)-(3)).
For irrigation licence holders
Expect a ‘no store’ condition: The chief executive must impose the no‑store condition on amended irrigation licences (s 32(1)). If you rely on balancing storage, assemble evidence justifying the volume reasonably necessary for efficient operation and document existing balancing storage capacity for pre‑plan storages (s 32(3)).
New balancing storage built after commencement is limited to 30 ML and must not take overland flow water (s 32(3)(b)).
For owners or designers of overland flow works
If works are existing or a reconfiguration without increasing average annual take, continue operations during the one‑year automatic period but notify the chief executive in the approved form within that period to be able to continue thereafter (s 37(2)-(3)). Collect historic records demonstrating average annual volumes to rebut any suggestion of increased take.
Do not start new overland flow works until the resource operations plan is approved, unless they fall within exceptions (stock/domestic; capacity ≤ 10 ML for non‑irrigation; environmental authority‑required volumes; contaminated agricultural runoff or under s 37) (s 39(2)). If construction is contemplated, align project design to the plan’s capacity thresholds.
For proposals to impound flow (in‑stream storages)
Check whether the application purpose is permitted: s 34(1) permits impoundment only for stock/domestic, town water supply, or to provide a pumping pool. Confirm the proposed storage capacity does not exceed subcatchment caps in schedule 3 or 200 ML for non‑town supply (s 34(2)(a)-(b)). If the works are on a watercourse listed in schedule 4, the application is not grantable (s 34(2)(c)).
Provide ecological impact studies, sediment and bank stability reports, riparian vegetation and fish movement assessments as s 34(4) specifies those matters for consideration.
For applications from or allocations to Indigenous, strategic or town and community reserves
For project grants from Indigenous or strategic reserve, ensure the grant is structured as life‑of‑project with terms for return to the reserve upon completion (s 16(4)-(5)). Draft agreements and project timelines to show finite life and reversion mechanics.
For Commonwealth and environmental water considerations
If holding or applying to manage Commonwealth Environmental Water, expect conversion of licence purpose to ‘environment’ (s 26). Do not assume later re‑purposing to irrigation or other uses; s 27 prohibits changing an environmental purpose licence to another purpose or to irrigation.
Notifications, forms and timing
Use the approved form and provide any further information the chief executive requires where the provision demands it (for example, s 37(3)). Timeliness matters: one‑year automatic transitional windows and application timing relative to plan commencement may determine rights (s 37(2)).
Recordkeeping and technical evidence
Maintain accurate pump specifications, historical extraction volumes and daily/annual logs to support conversion decisions under ss 28-30. Records will be central in situations where the chief executive applies schedule 8 conversions and where average annual take is disputed.
Coordination with environmental and planning approvals
If a proposed take is justified by an environmental authority or development permit under the Environmental Protection Act 1994, attach the relevant authority to the water application and demonstrate the volume is no more than necessary to satisfy that authorisation (s 36(2)(d)). For town supply, align planning studies and water supply infrastructure approvals with the resource operations plan requirements (s 19(2)(g)).
When to seek review advice
If the chief executive’s decision fails to address mandatory considerations, applies conversion schedules incorrectly, or appears to contravene s 14(1) or other absolute prohibitions (for example, s 27), consider early advice on reviewability and the statutory appeal framework in the principal Act.
In all cases, effective compliance requires integrating hydro‑technical evidence with legal analysis of the relevant schedule conversions, mandatory decision matters and transitional rights. Because many operative provisions rely on cross‑referenced schedules and the resource operations plan, include those documents in any compliance checklist rather than relying on the plan text in isolation.
Section sec.17Projects that may be considered to be of regional significance
(a) for a non-irrigation purpose—an Indigenous reserve of 200ML for helping local Aboriginal people achieve their economic and social aspirations;
(b) for a non-irrigation purpose—a general reserve of 200ML;
(c) for a project of State or regional significance—a strategic reserve of 1,300ML;
(d) for a community purpose or to a local government for town water supply purposes—a town and community water reserve of 500ML.
(a) a watercourse, lake or spring; or
(b) overland flow.
(a) if the volume of water is granted for a project— (i) is to be granted for the life of the project; and (ii) returns to the Indigenous reserve on the completion of the project; or
(i) is to be granted for the life of the project; and
(ii) returns to the Indigenous reserve on the completion of the project; or
(b) otherwise—returns to the Indigenous reserve when the water is no longer needed.
(i) is to be granted for the life of the project; and
(ii) returns to the Indigenous reserve on the completion of the project; or
(a) must be granted only for the life of the project; and
(b) returns to the strategic reserve on the completion of the project.
sec.17 Projects that may be considered to be of regional significance
sec.17 Projects that may be considered to be of regional significance
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 having regard to the following—
the outcomes mentioned 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.
However, the chief executive may not consider a project for irrigation to be a project of regional significance.
(sec.17-ssec.1) 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 having regard to the following— the outcomes mentioned 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.
(sec.17-ssec.2) However, the chief executive may not consider a project for irrigation to be a project of regional significance.
(a) the outcomes mentioned in chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant consideration.
sec.18 Interim arrangements for applications about unallocated water
sec.18 Interim arrangements for applications about unallocated water
s 18 om 2014 SL No. 142 s 70
sec.19 Process for dealing with unallocated water
sec.19 Process for dealing with unallocated water
The resource operations plan includes the process for dealing with unallocated water in the plan area.
In preparing and implementing the process, the chief executive is to consider the following—
the purpose for which the water is required;
the efficiency of existing and proposed water use practices;
the extent to which water is being taken under existing authorisations in the plan area;
the availability of an alternative water supply for the purpose for which the water is required;
the impact the proposed taking of, or interfering with, the water may have on the following—
the ecological values of the catchment;
water quality;
access to water under existing entitlements;
stock or domestic supplies;
the drawdown levels in waterholes;
the natural movement of sediment;
low flows;
waterholes and wetlands;
connections between waterholes, particularly at times of low flow;
the floodplain downstream of the proposed taking or interfering;
inundation of habitats;
the movement of fish and other aquatic species;
recreation and aesthetic values;
cultural values, including, for example, cultural values of local Aboriginal communities;
the connection with groundwater;
the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows;
for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.
s 19 amd 2016 SL No. 216 s 146 sch 20
(sec.19-ssec.1) The resource operations plan includes the process for dealing with unallocated water in the plan area.
(sec.19-ssec.2) In preparing and implementing the process, the chief executive is to consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water is being taken under existing authorisations in the plan area; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on the following— the ecological values of the catchment; water quality; access to water under existing entitlements; stock or domestic supplies; the drawdown levels in waterholes; the natural movement of sediment; low flows; waterholes and wetlands; connections between waterholes, particularly at times of low flow; the floodplain downstream of the proposed taking or interfering; inundation of habitats; the movement of fish and other aquatic species; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal communities; the connection with groundwater; the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows; for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.
(a) the purpose for which the water is required;
(b) the efficiency of existing and proposed water use practices;
(c) the extent to which water is being taken under existing authorisations in the plan area;
(d) the availability of an alternative water supply for the purpose for which the water is required;
(e) the impact the proposed taking of, or interfering with, the water may have on the following— (i) the ecological values of the catchment; (ii) water quality; (iii) access to water under existing entitlements; (iv) stock or domestic supplies; (v) the drawdown levels in waterholes; (vi) the natural movement of sediment; (vii) low flows; (viii) waterholes and wetlands; (ix) connections between waterholes, particularly at times of low flow; (x) the floodplain downstream of the proposed taking or interfering; (xi) inundation of habitats; (xii) the movement of fish and other aquatic species; (xiii) recreation and aesthetic values; (xiv) cultural values, including, for example, cultural values of local Aboriginal communities; (xv) the connection with groundwater;
(i) the ecological values of the catchment;
(ii) water quality;
(iii) access to water under existing entitlements;
(iv) stock or domestic supplies;
(v) the drawdown levels in waterholes;
(vi) the natural movement of sediment;
(vii) low flows;
(viii) waterholes and wetlands;
(ix) connections between waterholes, particularly at times of low flow;
(x) the floodplain downstream of the proposed taking or interfering;
(xi) inundation of habitats;
(xii) the movement of fish and other aquatic species;
(xiii) recreation and aesthetic values;
(xiv) cultural values, including, for example, cultural values of local Aboriginal communities;
(xv) the connection with groundwater;
(f) the imposition of flow conditions, on water entitlements to take, or interfere with, water, to protect low flows and other ecologically significant flows;
(g) for an application by a local government for town water supply purposes—the necessity of completing a planning study demonstrating the need for water.
(i) the ecological values of the catchment;
(ii) water quality;
(iii) access to water under existing entitlements;
(iv) stock or domestic supplies;
(v) the drawdown levels in waterholes;
(vi) the natural movement of sediment;
(vii) low flows;
(viii) waterholes and wetlands;
(ix) connections between waterholes, particularly at times of low flow;
(x) the floodplain downstream of the proposed taking or interfering;
(xi) inundation of habitats;
(xii) the movement of fish and other aquatic species;
(xiii) recreation and aesthetic values;
(xiv) cultural values, including, for example, cultural values of local Aboriginal communities;
(xv) the connection with groundwater;
ch.4-pt.3 Granting water entitlements other than entitlements to unallocated water
Granting water entitlements other than entitlements to unallocated water
sec.20 Water licences to replace authorities
sec.20 Water licences to replace authorities
The chief executive may, under section 212 of the Act , grant a water licence to take or interfere with water that could have been taken or interfered with under—
an authority continued under the Act and in existence on 11 July 2008; or
an authority issued under section 4 of the repealed Water Act 1926–1983 ; or
any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.
A water licence mentioned in subsection (1) (c) may be granted only to the State or a local government.
In deciding the nominal entitlement of water that may be taken under the water licence to take water, the chief executive must consider the matters mentioned in section 30 .
In deciding the maximum rate for taking water under the water licence to take water, the chief executive must consider the matters mentioned in section 28 .
In deciding the daily volumetric limit under the water licence to take water, the chief executive must consider the matters mentioned in section 29 .
The owner of existing works associated with an authority or permission mentioned in subsection (1) (a) , (b) or (c) may continue to use the works to take water until the chief executive grants a water licence to the owner under subsection (1) .
(sec.20-ssec.1) The chief executive may, under section 212 of the Act , grant a water licence to take or interfere with water that could have been taken or interfered with under— an authority continued under the Act and in existence on 11 July 2008; or an authority issued under section 4 of the repealed Water Act 1926–1983 ; or any historic permission, either formal or implicit, given to the State or local government to take or interfere with water.
(sec.20-ssec.2) A water licence mentioned in subsection (1) (c) may be granted only to the State or a local government.
(sec.20-ssec.3) In deciding the nominal entitlement of water that may be taken under the water licence to take water, the chief executive must consider the matters mentioned in section 30 .
(sec.20-ssec.4) In deciding the maximum rate for taking water under the water licence to take water, the chief executive must consider the matters mentioned in section 28 .
(sec.20-ssec.5) In deciding the daily volumetric limit under the water licence to take water, the chief executive must consider the matters mentioned in section 29 .
(sec.20-ssec.6) The owner of existing works associated with an authority or permission mentioned in subsection (1) (a) , (b) or (c)
This is an opening excerpt, not the complete document.