Environmental flow objectives

Surface water

sec.16 Performance indicators for environmental flow objectives

The performance indicators for the environmental flow objectives are— for assessing periods of low flow—the base flow; and for assessing periods of medium to high flow, the following— mean annual flow; median annual flow ratio; annual proportional flow deviation; mean wet season flow; 4% daily exceedance duration flow; 10% daily exceedance duration flow; 2 year daily flow volume; 5 year daily flow volume; 20 year daily flow volume; and for assessing the first post-winter flow event—the performance indicators listed in schedule 6 , part 3 .

• (a) for assessing periods of low flow—the base flow; and
• (b) for assessing periods of medium to high flow, the following— (i) mean annual flow; (ii) median annual flow ratio; (iii) annual proportional flow deviation; (iv) mean wet season flow; (v) 4% daily exceedance duration flow; (vi) 10% daily exceedance duration flow; (vii) 2 year daily flow volume; (viii) 5 year daily flow volume; (ix) 20 year daily flow volume; and
• (i) mean annual flow;
• (ii) median annual flow ratio;
• (iii) annual proportional flow deviation;
• (iv) mean wet season flow;
• (v) 4% daily exceedance duration flow;
• (vi) 10% daily exceedance duration flow;
• (vii) 2 year daily flow volume;
• (viii) 5 year daily flow volume;
• (ix) 20 year daily flow volume; and
• (c) for assessing the first post-winter flow event—the performance indicators listed in schedule 6 , part 3 .
• (i) mean annual flow;
• (ii) median annual flow ratio;
• (iii) annual proportional flow deviation;
• (iv) mean wet season flow;
• (v) 4% daily exceedance duration flow;
• (vi) 10% daily exceedance duration flow;
• (vii) 2 year daily flow volume;
• (viii) 5 year daily flow volume;
• (ix) 20 year daily flow volume; and

sec.17 Environmental flow objectives

The environmental flow objectives for surface water for this plan are stated in schedule 6 , parts 1 to 3 .

Groundwater

sec.18 Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems

The performance indicator for the environmental flow objectives for assessing groundwater levels to support relevant groundwater-dependent ecosystems is the drawdown duration.

sec.19 Environmental flow objectives

The environmental flow objectives for groundwater for this plan are stated in schedule 6 , part 4 .

Water allocation security objectives

sec.20 Performance indicators for water allocation security objectives

The performance indicators for the water allocation security objectives are— for taking supplemented surface water, the following— annual supplemented water sharing index; monthly supplemented water sharing index; and for taking unsupplemented surface water—the annual volume probability; and for taking supplemented groundwater—the annual supplemented water sharing index; and for taking unsupplemented groundwater—the annual volume probability.

• (a) for taking supplemented surface water, the following— (i) annual supplemented water sharing index; (ii) monthly supplemented water sharing index; and
• (i) annual supplemented water sharing index;
• (ii) monthly supplemented water sharing index; and
• (b) for taking unsupplemented surface water—the annual volume probability; and
• (c) for taking supplemented groundwater—the annual supplemented water sharing index; and
• (d) for taking unsupplemented groundwater—the annual volume probability.
• (i) annual supplemented water sharing index;
• (ii) monthly supplemented water sharing index; and

sec.21 Water allocation security objectives

The water allocation security objectives for this plan are stated in— for water allocations to take supplemented water— schedule 7 , part 1 ; and for water allocations to take unsupplemented surface water— schedule 7 , part 2 ; and for water allocations to take unsupplemented groundwater— schedule 7 , part 3 .

• (a) for water allocations to take supplemented water— schedule 7 , part 1 ; and
• (b) for water allocations to take unsupplemented surface water— schedule 7 , part 2 ; and
• (c) for water allocations to take unsupplemented groundwater— schedule 7 , part 3 .

Strategies for both surface water and groundwater

General provisions

sec.22 Application of pt 1

This part applies to surface water and groundwater.

sec.23 Decisions to be consistent with objectives

Decisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with— the environmental flow objectives stated in schedule 6 ; and the water allocation security objectives stated in schedule 7 .

• (a) the environmental flow objectives stated in schedule 6 ; and
• (b) the water allocation security objectives stated in schedule 7 .

sec.24 Assessing impact of decisions about surface water

The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for surface water. If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used. The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program. (sec.24-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for surface water. (sec.24-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used. (sec.24-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.

sec.25 Assessing impact of decisions about groundwater

The Callide Valley groundwater computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater. If it is not practicable to use the Callide Valley groundwater computer program, another assessment method approved by the chief executive may be used. The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the Callide Valley groundwater computer program. In this section— Callide Valley groundwater computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the Callide Groundwater Unit 1. s 25 amd 2021 SL No. 71 ss 12 , 49 (4) (sec.25-ssec.1) The Callide Valley groundwater computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives for groundwater. (sec.25-ssec.2) If it is not practicable to use the Callide Valley groundwater computer program, another assessment method approved by the chief executive may be used. (sec.25-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the Callide Valley groundwater computer program. (sec.25-ssec.4) In this section— Callide Valley groundwater computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the Callide Groundwater Unit 1.

Section sec.26

s 26 om 2014 SL No. 142 s 73

sec.27 Matters to be considered for environmental management rules

In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows; the replenishment of refuge pools that enable movement of instream biota; the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers; the first post-winter flow event at nodes downstream of supplemented water infrastructure; and the distance of a water bore from a watercourse, lake, spring or area of ecological value; and the groundwater levels required to maintain the following— habitats needed by aquatic biota in hyporheic zones; relevant groundwater-dependent ecosystems; the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; the natural seasonality of low flows; and the impact the taking of, or interfering with, water may have on the following— instream water levels; water quality; baseflow; groundwater levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitats for native plants and animals; the contribution from aquifers to the flow of water in watercourses; the inundation of habitats; the movement of fish and other aquatic animals; the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of traditional owners of an area. Subsection (1) does not limit the matters the chief executive may consider. In this section— hyporheic zone means the zone where an exchange between surface water and groundwater happens. water bore means a subartesian bore. s 27 amd 2021 SL No. 71 ss 13 , 49 (6) (sec.27-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows; the replenishment of refuge pools that enable movement of instream biota; the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers; the first post-winter flow event at nodes downstream of supplemented water infrastructure; and the distance of a water bore from a watercourse, lake, spring or area of ecological value; and the groundwater levels required to maintain the following— habitats needed by aquatic biota in hyporheic zones; relevant groundwater-dependent ecosystems; the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; the natural seasonality of low flows; and the impact the taking of, or interfering with, water may have on the following— instream water levels; water quality; baseflow; groundwater levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitats for native plants and animals; the contribution from aquifers to the flow of water in watercourses; the inundation of habitats; the movement of fish and other aquatic animals; the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of traditional owners of an area. (sec.27-ssec.2) Subsection (1) does not limit the matters the chief executive may consider. (sec.27-ssec.3) In this section— hyporheic zone means the zone where an exchange between surface water and groundwater happens. water bore means a subartesian bore.

• (a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains; (vi) the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers; (vii) the first post-winter flow event at nodes downstream of supplemented water infrastructure; and
• (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
• (ii) the wetted habitats at riffles and other streambed features;
• (iii) the natural seasonality of flows;
• (iv) the replenishment of refuge pools that enable movement of instream biota;
• (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;
• (vi) the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers;
• (vii) the first post-winter flow event at nodes downstream of supplemented water infrastructure; and
• (b) the distance of a water bore from a watercourse, lake, spring or area of ecological value; and
• (c) the groundwater levels required to maintain the following— (i) habitats needed by aquatic biota in hyporheic zones; (ii) relevant groundwater-dependent ecosystems; (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; (iv) the natural seasonality of low flows; and
• (i) habitats needed by aquatic biota in hyporheic zones;
• (ii) relevant groundwater-dependent ecosystems;
• (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;
• (iv) the natural seasonality of low flows; and
• (d) the impact the taking of, or interfering with, water may have on the following— (i) instream water levels; (ii) water quality; (iii) baseflow; (iv) groundwater levels; (v) the natural movement of sediment; (vi) the bed and banks of a watercourse or lake; (vii) riparian vegetation; (viii) habitats for native plants and animals; (ix) the contribution from aquifers to the flow of water in watercourses; (x) the inundation of habitats; (xi) the movement of fish and other aquatic animals; (xii) the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones; (xiii) the recreation and aesthetic values of the plan area; (xiv) cultural values including, for example, cultural values of traditional owners of an area.
• (i) instream water levels;
• (ii) water quality;
• (iii) baseflow;
• (iv) groundwater levels;
• (v) the natural movement of sediment;
• (vi) the bed and banks of a watercourse or lake;
• (vii) riparian vegetation;
• (viii) habitats for native plants and animals;
• (ix) the contribution from aquifers to the flow of water in watercourses;
• (x) the inundation of habitats;
• (xi) the movement of fish and other aquatic animals;
• (xii) the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones;
• (xiii) the recreation and aesthetic values of the plan area;
• (xiv) cultural values including, for example, cultural values of traditional owners of an area.
• (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
• (ii) the wetted habitats at riffles and other streambed features;
• (iii) the natural seasonality of flows;
• (iv) the replenishment of refuge pools that enable movement of instream biota;
• (v) the lateral connectivity between rivers in the plan area and their adjacent riverine environments including floodplains;
• (vi) the connectivity, through the flow of water, between a watercourse, lake or spring and groundwater to replenish aquifers;
• (vii) the first post-winter flow event at nodes downstream of supplemented water infrastructure; and
• (i) habitats needed by aquatic biota in hyporheic zones;
• (ii) relevant groundwater-dependent ecosystems;
• (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;
• (iv) the natural seasonality of low flows; and
• (i) instream water levels;
• (ii) water quality;
• (iii) baseflow;
• (iv) groundwater levels;
• (v) the natural movement of sediment;
• (vi) the bed and banks of a watercourse or lake;
• (vii) riparian vegetation;
• (viii) habitats for native plants and animals;
• (ix) the contribution from aquifers to the flow of water in watercourses;
• (x) the inundation of habitats;
• (xi) the movement of fish and other aquatic animals;
• (xii) the ecological values of waterholes, lakes, springs, relevant groundwater-dependent ecosystems or hyporheic zones;
• (xiii) the recreation and aesthetic values of the plan area;
• (xiv) cultural values including, for example, cultural values of traditional owners of an area.

sec.28 Matters to be considered for water sharing rules

In deciding the water sharing rules to be included in the resource operations plan, for authorisations to take water in a part of the plan area, the chief executive is to consider— for rules relating to supplemented surface water, the following— any existing water sharing arrangements; the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; the frequency, duration, magnitude and timing of limited water availability; the impact of the rules on authorisations to take water in the plan area; the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index; and for rules relating to unsupplemented surface water, the following— any existing water sharing arrangements; the local availability of water that may be taken from streamflows, waterholes or bedsands; the conditions for taking water; the volumetric limits for the water entitlements; the impact of the rules on authorisations to take water in the plan area; the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index; and for rules relating to groundwater in the Upper Callide, Lower Callide and Prospect Creek groundwater sub-areas and the Callide Valley Water Supply Scheme— the matters mentioned in paragraph (e) ; and the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and for rules relating to groundwater in Isaac Connors Groundwater Unit 1— the matters mentioned in paragraph (e) ; and the range of historical water levels and extraction in the Braeside Borefield; and for rules relating to other groundwater, the following— any existing water sharing arrangements; the local availability of water that may be taken from aquifers; the connectivity of surface water and groundwater; the impact of the taking of groundwater on authorisations in the groundwater management areas; the operating arrangements and supply requirements for any water infrastructure; the volumetric limits for water entitlements. Subsection (1) does not limit the matters the chief executive may consider. In this section— Braeside Borefield means a bore field of production bores near Nebo that takes groundwater from the Denison Creek alluvium in the Isaac Connors Alluvium groundwater sub-area. existing water sharing arrangements means water sharing rules specified in the following on the day this plan is notified— the resource operations plan; the Water Regulation 2002 ; the Callide Valley Water Supply Scheme interim resource operations licence (IROL); the Department of Environment and Resource Management’s policy no. WAM/2005/2209 for the Callide Valley groundwater management area. s 28 amd 2021 SL No. 71 s 49 (3) (sec.28-ssec.1) In deciding the water sharing rules to be included in the resource operations plan, for authorisations to take water in a part of the plan area, the chief executive is to consider— for rules relating to supplemented surface water, the following— any existing water sharing arrangements; the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; the frequency, duration, magnitude and timing of limited water availability; the impact of the rules on authorisations to take water in the plan area; the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index; and for rules relating to unsupplemented surface water, the following— any existing water sharing arrangements; the local availability of water that may be taken from streamflows, waterholes or bedsands; the conditions for taking water; the volumetric limits for the water entitlements; the impact of the rules on authorisations to take water in the plan area; the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index; and for rules relating to groundwater in the Upper Callide, Lower Callide and Prospect Creek groundwater sub-areas and the Callide Valley Water Supply Scheme— the matters mentioned in paragraph (e) ; and the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and for rules relating to groundwater in Isaac Connors Groundwater Unit 1— the matters mentioned in paragraph (e) ; and the range of historical water levels and extraction in the Braeside Borefield; and for rules relating to other groundwater, the following— any existing water sharing arrangements; the local availability of water that may be taken from aquifers; the connectivity of surface water and groundwater; the impact of the taking of groundwater on authorisations in the groundwater management areas; the operating arrangements and supply requirements for any water infrastructure; the volumetric limits for water entitlements. (sec.28-ssec.2) Subsection (1) does not limit the matters the chief executive may consider. (sec.28-ssec.3) In this section— Braeside Borefield means a bore field of production bores near Nebo that takes groundwater from the Denison Creek alluvium in the Isaac Connors Alluvium groundwater sub-area. existing water sharing arrangements means water sharing rules specified in the following on the day this plan is notified— the resource operations plan; the Water Regulation 2002 ; the Callide Valley Water Supply Scheme interim resource operations licence (IROL); the Department of Environment and Resource Management’s policy no. WAM/2005/2209 for the Callide Valley groundwater management area.

• (a) for rules relating to supplemented surface water, the following— (i) any existing water sharing arrangements; (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; (iii) the frequency, duration, magnitude and timing of limited water availability; (iv) the impact of the rules on authorisations to take water in the plan area; (v) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and
• (i) any existing water sharing arrangements;
• (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows;
• (iii) the frequency, duration, magnitude and timing of limited water availability;
• (iv) the impact of the rules on authorisations to take water in the plan area;
• (v) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and
• (A) the 30% unsupplemented water sharing index; and
• (B) the 50% unsupplemented water sharing index; and
• (C) the 70% unsupplemented water sharing index; and
• (b) for rules relating to unsupplemented surface water, the following— (i) any existing water sharing arrangements; (ii) the local availability of water that may be taken from streamflows, waterholes or bedsands; (iii) the conditions for taking water; (iv) the volumetric limits for the water entitlements; (v) the impact of the rules on authorisations to take water in the plan area; (vi) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and
• (i) any existing water sharing arrangements;
• (ii) the local availability of water that may be taken from streamflows, waterholes or bedsands;
• (iii) the conditions for taking water;
• (iv) the volumetric limits for the water entitlements;
• (v) the impact of the rules on authorisations to take water in the plan area;
• (vi) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and
• (A) the 30% unsupplemented water sharing index; and
• (B) the 50% unsupplemented water sharing index; and
• (C) the 70% unsupplemented water sharing index; and
• (c) for rules relating to groundwater in the Upper Callide, Lower Callide and Prospect Creek groundwater sub-areas and the Callide Valley Water Supply Scheme— (i) the matters mentioned in paragraph (e) ; and (ii) the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and
• (i) the matters mentioned in paragraph (e) ; and
• (ii) the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and
• (d) for rules relating to groundwater in Isaac Connors Groundwater Unit 1— (i) the matters mentioned in paragraph (e) ; and (ii) the range of historical water levels and extraction in the Braeside Borefield; and
• (i) the matters mentioned in paragraph (e) ; and
• (ii) the range of historical water levels and extraction in the Braeside Borefield; and
• (e) for rules relating to other groundwater, the following— (i) any existing water sharing arrangements; (ii) the local availability of water that may be taken from aquifers; (iii) the connectivity of surface water and groundwater; (iv) the impact of the taking of groundwater on authorisations in the groundwater management areas; (v) the operating arrangements and supply requirements for any water infrastructure; (vi) the volumetric limits for water entitlements.
• (i) any existing water sharing arrangements;
• (ii) the local availability of water that may be taken from aquifers;
• (iii) the connectivity of surface water and groundwater;
• (iv) the impact of the taking of groundwater on authorisations in the groundwater management areas;
• (v) the operating arrangements and supply requirements for any water infrastructure;
• (vi) the volumetric limits for water entitlements.
• (i) any existing water sharing arrangements;
• (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows;
• (iii) the frequency, duration, magnitude and timing of limited water availability;
• (iv) the impact of the rules on authorisations to take water in the plan area;
• (v) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and
• (A) the 30% unsupplemented water sharing index; and
• (B) the 50% unsupplemented water sharing index; and
• (C) the 70% unsupplemented water sharing index; and
• (A) the 30% unsupplemented water sharing index; and
• (B) the 50% unsupplemented water sharing index; and
• (C) the 70% unsupplemented water sharing index; and
• (i) any existing water sharing arrangements;
• (ii) the local availability of water that may be taken from streamflows, waterholes or bedsands;
• (iii) the conditions for taking water;
• (iv) the volumetric limits for the water entitlements;
• (v) the impact of the rules on authorisations to take water in the plan area;
• (vi) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (A) the 30% unsupplemented water sharing index; and (B) the 50% unsupplemented water sharing index; and (C) the 70% unsupplemented water sharing index; and
• (A) the 30% unsupplemented water sharing index; and
• (B) the 50% unsupplemented water sharing index; and
• (C) the 70% unsupplemented water sharing index; and
• (A) the 30% unsupplemented water sharing index; and
• (B) the 50% unsupplemented water sharing index; and
• (C) the 70% unsupplemented water sharing index; and
• (i) the matters mentioned in paragraph (e) ; and
• (ii) the range of historical water levels in the groundwater sub-areas and Callide Valley Water Supply Scheme from 1970 to 2010; and
• (i) the matters mentioned in paragraph (e) ; and
• (ii) the range of historical water levels and extraction in the Braeside Borefield; and
• (i) any existing water sharing arrangements;
• (ii) the local availability of water that may be taken from aquifers;
• (iii) the connectivity of surface water and groundwater;
• (iv) the impact of the taking of groundwater on authorisations in the groundwater management areas;
• (v) the operating arrangements and supply requirements for any water infrastructure;
• (vi) the volumetric limits for water entitlements.
• (a) the resource operations plan;
• (b) the Water Regulation 2002 ;
• (c) the Callide Valley Water Supply Scheme interim resource operations licence (IROL);
• (d) the Department of Environment and Resource Management’s policy no. WAM/2005/2209 for the Callide Valley groundwater management area.

sec.29 Matters to be considered for water allocation change rules

In deciding the water allocation change rules to be included in the resource operations plan for authorisations to take surface water in a part of the plan area, the chief executive is to consider— the implications for the availability of water under water allocations of changes to the frequency, duration, magnitude and timing of limited water availability; and the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index. In deciding the water allocation change rules to be included in the resource operations plan for authorisations to take groundwater, the chief executive is to consider— the volume density for a locality in part of the groundwater management area relative to the availability of water in that part; and the impact the proposed taking of groundwater would have on the following— watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value; the ecological values of relevant groundwater-dependent ecosystems; water quality; other authorisations in the area of the proposed taking; and existing management zones; and for water allocations to take water in the Callide Valley Water Supply Scheme—the ability of an allocation holder to change the priority group of water allocations from medium to high B. Subsections (1) and (2) do not limit the matters the chief executive may consider. In this section— volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality. s 29 amd 2021 SL No. 71 ss 14 , 49 (11) (sec.29-ssec.1) In deciding the water allocation change rules to be included in the resource operations plan for authorisations to take surface water in a part of the plan area, the chief executive is to consider— the implications for the availability of water under water allocations of changes to the frequency, duration, magnitude and timing of limited water availability; and the impact of the rules on unsupplemented water allocations, particularly as assessed under— the 30% unsupplemented water sharing index; and the 50% unsupplemented water sharing index; and the 70% unsupplemented water sharing index. (sec.29-ssec.2) In deciding the water allocation change rules to be included in the resource operations plan for authorisations to take groundwater, the chief executive is to consider— the volume density for a locality in part of the groundwater management area relative to the availability of water in that part; and the impact the proposed taking of groundwater would have on the following— watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value; the ecological values of relevant groundwater-dependent ecosystems; water quality; other authorisations in the area of the proposed taking; and existing management zones; and for water allocations to take water in the Callide Valley Water Supply Scheme—the ability of an allocation holder to change the priority group of water allocations from medium to high B. (sec.29-ssec.3) Subsections (1) and (2) do not limit the matters the chief executive may consider. (sec.29-ssec.4) In this section— volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality.

• (a) the implications for the availability of water under water allocations of changes to the frequency, duration, magnitude and timing of limited water availability; and
• (b) the impact of the rules on unsupplemented water allocations, particularly as assessed under— (i) the 30% unsupplemented water sharing index; and (ii) the 50% unsupplemented water sharing index; and (iii) the 70% unsupplemented water sharing index.
• (i) the 30% unsupplemented water sharing index; and
• (ii) the 50% unsupplemented water sharing index; and
• (iii) the 70% unsupplemented water sharing index.
• (i) the 30% unsupplemented water sharing index; and
• (ii) the 50% unsupplemented water sharing index; and
• (iii) the 70% unsupplemented water sharing index.
• (a) the volume density for a locality in part of the groundwater management area relative to the availability of water in that part; and
• (b) the impact the proposed taking of groundwater would have on the following— (i) watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value; (ii) the ecological values of relevant groundwater-dependent ecosystems; (iii) water quality; (iv) other authorisations in the area of the proposed taking; and
• (i) watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value;
• (ii) the ecological values of relevant groundwater-dependent ecosystems;
• (iii) water quality;
• (iv) other authorisations in the area of the proposed taking; and
• (c) existing management zones; and
• (d) for water allocations to take water in the Callide Valley Water Supply Scheme—the ability of an allocation holder to change the priority group of water allocations from medium to high B.
• (i) watercourses, lakes, springs, baseflows, waterholes, groundwater levels or areas of ecological value;
• (ii) the ecological values of relevant groundwater-dependent ecosystems;
• (iii) water quality;
• (iv) other authorisations in the area of the proposed taking; and

Section sec.30

s 30 om 2021 SL No. 71 s 15

Section sec.31

s 31 om 2021 SL No. 71 s 16

Section sec.32

s 32 om 2021 SL No. 71 s 16

Section sec.33

s 33 amd 2015 SL No. 121 s 5 om 2021 SL No. 71 s 16

Section sec.34

s 34 om 2021 SL No. 71 s 16

Section sec.35

s 35 om 2021 SL No. 71 s 16

Section sec.36

s 36 om 2021 SL No. 71 s 16

Unallocated water reserves

sec.37 Application of div 3

This division applies to unallocated water.

sec.38 Unallocated water held as strategic reserve, strategic water infrastructure reserve and general reserve

Unallocated water in the plan area is divided into a strategic reserve, strategic water infrastructure reserve and general reserve.

sec.39 Purpose for which unallocated water held as strategic reserve may be granted

Unallocated water held as a strategic reserve may be granted only if the water is to be taken for a State purpose or an Indigenous purpose.

sec.40 Reserve volumes

The total of the nominal entitlements for all water licences to take unallocated surface water for a State purpose granted from the strategic reserve in a subcatchment area mentioned in schedule 8 , part 1 , column 1 is stated in schedule 8 , part 1 , column 2 opposite the area. The total of the nominal entitlements for all water licences to take unallocated surface water for an Indigenous purpose granted from the strategic reserve in a subcatchment area mentioned in schedule 8 , part 1 , column 1 is stated in schedule 8 , part 1 , column 3 opposite the area. The total of the nominal entitlements for all water licences to take unallocated groundwater for a State purpose granted from the strategic reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule 8 , part 2 , column 1 is stated in schedule 8 , part 2 , column 2 opposite the area. (sec.40-ssec.1) The total of the nominal entitlements for all water licences to take unallocated surface water for a State purpose granted from the strategic reserve in a subcatchment area mentioned in schedule 8 , part 1 , column 1 is stated in schedule 8 , part 1 , column 2 opposite the area. (sec.40-ssec.2) The total of the nominal entitlements for all water licences to take unallocated surface water for an Indigenous purpose granted from the strategic reserve in a subcatchment area mentioned in schedule 8 , part 1 , column 1 is stated in schedule 8 , part 1 , column 3 opposite the area. (sec.40-ssec.3) The total of the nominal entitlements for all water licences to take unallocated groundwater for a State purpose granted from the strategic reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule 8 , part 2 , column 1 is stated in schedule 8 , part 2 , column 2 opposite the area.

sec.41 Period for which water is granted for particular State purpose

This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance. The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve. s 41 amd 2015 SL No. 121 s 6 (sec.41-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance. (sec.41-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.

• (a) a coordinated project;
• (b) a project of regional significance.

sec.42 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 for a region in the plan area having regard to the following— the outcomes stated in chapter 3 ; the economic or social impact the project will have on the region; the public interest and the welfare of people in the region; any other relevant consideration.

• (a) the outcomes stated 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.43 Period for which water is granted for particular Indigenous purpose

This section applies to the volume of water granted from the strategic reserve for an Indigenous purpose. The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve. (sec.43-ssec.1) This section applies to the volume of water granted from the strategic reserve for an Indigenous purpose. (sec.43-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.

sec.44 Purpose for which unallocated water held as strategic water infrastructure reserve may be granted

Unallocated water held as a strategic water infrastructure reserve may only be granted for water infrastructure mentioned in section 45 .

sec.45 Reserve volumes

The total of the nominal volumes for all supplemented water allocations to take unallocated water granted from the strategic water infrastructure reserve is the following— for water infrastructure on the Dawson River—90,000ML; for water infrastructure on the Connors River—56,400ML; for water infrastructure on the Fitzroy River—76,000ML.

• (a) for water infrastructure on the Dawson River—90,000ML;
• (b) for water infrastructure on the Connors River—56,400ML;
• (c) for water infrastructure on the Fitzroy River—76,000ML.

sec.46 Purpose for which unallocated water held as general reserve may be granted

Unallocated water held as a general reserve may be granted for any purpose.

sec.47 Reserve volumes

The total of the mean annual diversions for all water licences or water allocations to take unallocated surface water granted from the general reserve in a subcatchment area, or a part of a subcatchment area, mentioned in schedule 8 , part 3 , column 1 is stated in schedule 8 , part 3 , column 2 opposite the area or part. The total of the nominal volume for all water allocations to take unallocated surface water granted from the general reserve in a subcatchment area mentioned in schedule 8 , part 4 , column 1 is stated in schedule 8 , part 4 , column 2 opposite the area. The total of the nominal entitlement for all water licences to take unallocated groundwater from the general reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule 8 , part 5 , column 1 is stated in schedule 8 , part 5 , column 2 opposite the area. s 47 amd 2015 SL No. 121 s 7 (sec.47-ssec.1) The total of the mean annual diversions for all water licences or water allocations to take unallocated surface water granted from the general reserve in a subcatchment area, or a part of a subcatchment area, mentioned in schedule 8 , part 3 , column 1 is stated in schedule 8 , part 3 , column 2 opposite the area or part. (sec.47-ssec.2) The total of the nominal volume for all water allocations to take unallocated surface water granted from the general reserve in a subcatchment area mentioned in schedule 8 , part 4 , column 1 is stated in schedule 8 , part 4 , column 2 opposite the area. (sec.47-ssec.3) The total of the nominal entitlement for all water licences to take unallocated groundwater from the general reserve in a groundwater management area, groundwater unit or groundwater sub-area mentioned in schedule 8 , part 5 , column 1 is stated in schedule 8 , part 5 , column 2 opposite the area.

sec.48 Processes for releasing unallocated water— Act , s 43

For section 43 (2) (f) of the Act , this section states the processes for releasing unallocated water not held as a general reserve under this plan. The processes stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 apply for releasing unallocated water held as a strategic reserve. The processes stated in the water management protocol apply for releasing unallocated water held as a strategic water infrastructure reserve. s 48 sub 2021 SL No. 71 s 17 (sec.48-ssec.1) For section 43 (2) (f) of the Act , this section states the processes for releasing unallocated water not held as a general reserve under this plan. (sec.48-ssec.2) The processes stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 apply for releasing unallocated water held as a strategic reserve. (sec.48-ssec.3) The processes stated in the water management protocol apply for releasing unallocated water held as a strategic water infrastructure reserve.

Section sec.49

s 49 sub 2015 SL No. 121 s 8 om 2021 SL No. 71 s 18

Section sec.50

s 50 sub 2015 SL No. 121 s 8 om 2021 SL No. 71 s 18

Authorised taking or interfering with water without water entitlement

sec.51 Limitations on taking or interfering with water— Act , s 101

For section 101 (1) of the Act , a person may, in each financial year, take or interfere with up to 5ML of water for prescribed activities. Also, water in the area of a water supply scheme described in this plan can not be taken or interfered with for prescribed activities. In this section— prescribed activities means activities prescribed under a regulation for section 101 (1) (a) of the Act . s 51 sub 2015 SL No. 121 s 8 amd 2021 SL No. 71 s 19 (sec.51-ssec.1) For section 101 (1) of the Act , a person may, in each financial year, take or interfere with up to 5ML of water for prescribed activities. (sec.51-ssec.2) Also, water in the area of a water supply scheme described in this plan can not be taken or interfered with for prescribed activities. (sec.51-ssec.3) In this section— prescribed activities means activities prescribed under a regulation for section 101 (1) (a) of the Act .

sec.52 Taking water for stock or domestic purposes

For section 103 (a) of the Act , an owner of land may take water from a watercourse, lake or spring for stock or domestic purposes— from any location in the plan area, other than the area of a water supply scheme described in this plan; and in any way. s 52 prev s 52 om 2014 SL No. 142 s 74 pres s 52 ins 2015 SL No. 121 s 8 amd 2021 SL No. 71 s 20 (sec.52-ssec) For section 103 (a) of the Act , an owner of land may take water from a watercourse, lake or spring for stock or domestic purposes— from any location in the plan area, other than the area of a water supply scheme described in this plan; and in any way.

• (a) from any location in the plan area, other than the area of a water supply scheme described in this plan; and
• (b) in any way.

Water licences

sec.53 Applications for water licences that must not be accepted— Act , s 43

For section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section 107 of the Act unless the application— is an application to which part 2 , division 4 applies; or is made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or is to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or is to interfere with the flow of groundwater under land; or is to take water to facilitate the removal of mine site seepage or runoff from a watercourse. Subsection (1) (e) applies only if the water management protocol states that applications of the type mentioned in that subsection may be accepted. s 53 prev s 53 om 2015 SL No. 121 s 8 pres s 53 ins 2021 SL No. 71 s 21 (sec.53-ssec.1) For section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence made under section 107 of the Act unless the application— is an application to which part 2 , division 4 applies; or is made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or is to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or is to interfere with the flow of groundwater under land; or is to take water to facilitate the removal of mine site seepage or runoff from a watercourse. (sec.53-ssec.2) Subsection (1) (e) applies only if the water management protocol states that applications of the type mentioned in that subsection may be accepted.

• (a) is an application to which part 2 , division 4 applies; or
• (b) is made as part of a process for releasing unallocated water from the general reserve or strategic reserve; or
• (c) is to interfere with the flow of surface water in a watercourse, lake or spring by diversion; or
• (d) is to interfere with the flow of groundwater under land; or
• (e) is to take water to facilitate the removal of mine site seepage or runoff from a watercourse.

sec.54 Deciding applications for relocating water licences or seasonal water assignments of water licences— Act , s 43

For section 43 (2) (i) of the Act , this section applies to— an application for relocating a water licence; or an application for a seasonal water assignment of a water licence. The chief executive may decide to grant the application to change the location from which water may be taken under the licence or for the seasonal water assignment of the licence if— the existing location from which water may be taken under the licence is within— a groundwater sub-area zone; or a water licence zone; and the dealing is permitted under the water management protocol. However, the chief executive may grant the application only if the application would result in water being taken from a location that is— if the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or if the existing location is in a water licence zone—within a water licence zone. s 54 prev s 54 om 2015 SL No. 121 s 8 pres s 54 ins 2021 SL No. 71 s 21 (sec.54-ssec.1) For section 43 (2) (i) of the Act , this section applies to— an application for relocating a water licence; or an application for a seasonal water assignment of a water licence. (sec.54-ssec.2) The chief executive may decide to grant the application to change the location from which water may be taken under the licence or for the seasonal water assignment of the licence if— the existing location from which water may be taken under the licence is within— a groundwater sub-area zone; or a water licence zone; and the dealing is permitted under the water management protocol. (sec.54-ssec.3) However, the chief executive may grant the application only if the application would result in water being taken from a location that is— if the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or if the existing location is in a water licence zone—within a water licence zone.

• (a) an application for relocating a water licence; or
• (b) an application for a seasonal water assignment of a water licence.
• (a) the existing location from which water may be taken under the licence is within— (i) a groundwater sub-area zone; or (ii) a water licence zone; and
• (i) a groundwater sub-area zone; or
• (ii) a water licence zone; and
• (b) the dealing is permitted under the water management protocol.
• (i) a groundwater sub-area zone; or
• (ii) a water licence zone; and
• (a) if the existing location is in a groundwater sub-area zone—a groundwater sub-area zone within the same groundwater sub-area; or
• (b) if the existing location is in a water licence zone—within a water licence zone.

sec.55 Applications for dealings with water licences inconsistent with this plan— Act , s 129

This section applies to an application for a dealing with a water licence, other than an application— for a dealing that is permitted under the water management protocol; or that the chief executive may grant under section 54 ; or for a dealing with a water licence to interfere with the flow of surface water or groundwater. Granting the application would be inconsistent with this plan if granting the application would— increase the volume of water that would be taken or stored under licence; or increase the rate at which water may be taken under the licence; or increase the maximum area to be irrigated under the licence; or increase the daily or monthly volumetric limit for taking water under the licence; or change the location of taking surface water under the licence; or change the conditions under which water may be taken. s 55 prev s 55 om 2015 SL No. 121 s 8 pres s 55 ins 2021 SL No. 71 s 21 (sec.55-ssec.1) This section applies to an application for a dealing with a water licence, other than an application— for a dealing that is permitted under the water management protocol; or that the chief executive may grant under section 54 ; or for a dealing with a water licence to interfere with the flow of surface water or groundwater. (sec.55-ssec.2) Granting the application would be inconsistent with this plan if granting the application would— increase the volume of water that would be taken or stored under licence; or increase the rate at which water may be taken under the licence; or increase the maximum area to be irrigated under the licence; or increase the daily or monthly volumetric limit for taking water under the licence; or change the location of taking surface water under the licence; or change the conditions under which water may be taken.

• (a) for a dealing that is permitted under the water management protocol; or
• (b) that the chief executive may grant under section 54 ; or
• (c) for a dealing with a water licence to interfere with the flow of surface water or groundwater.
• (a) increase the volume of water that would be taken or stored under licence; or
• (b) increase the rate at which water may be taken under the licence; or
• (c) increase the maximum area to be irrigated under the licence; or
• (d) increase the daily or monthly volumetric limit for taking water under the licence; or
• (e) change the location of taking surface water under the licence; or
• (f) change the conditions under which water may be taken.

Section sec.56

s 56 om 2015 SL No. 121 s 8

Section sec.57

s 57 om 2015 SL No. 121 s 8

Additional strategies for surface water

Preliminary

sec.58 Application of pt 2

The strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .

sec.59 Restrictions on taking water from waterholes or lakes

This section applies to the chief executive in making a decision about— a water licence to take unsupplemented water; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence. If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed. (sec.59-ssec.1) This section applies to the chief executive in making a decision about— a water licence to take unsupplemented water; or converting an authorisation to take unsupplemented water into a water allocation; or the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence. (sec.59-ssec.2) If the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence allows the taking of water from a waterhole or lake, the chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows (sec.59-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.

• (a) a water licence to take unsupplemented water; or
• (b) converting an authorisation to take unsupplemented water into a water allocation; or
• (c) the management of water under a resource operations licence, a distribution operations licence or an interim resource operations licence.
• (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
• (b) impose a condition on the water licence, water allocation, resource operations licence, distribution operations licence or interim resource operations licence about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
• (a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
• (b) for a water licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.

Section sec.60

s 60 om 2021 SL No. 71 s 22

Section sec.61

s 61 om 2021 SL No. 71 s 22

Section sec.62

s 62 amd 2015 SL No. 121 s 9 om 2021 SL No. 71 s 22

Section sec.63

s 63 om 2021 SL No. 71 s 22

Section sec.64

s 64 amd 2015 SL No. 121 s 9 om 2021 SL No. 71 s 22

Section sec.65

s 65 om 2021 SL No. 71 s 22

Section sec.66

s 66 om 2021 SL No. 71 s 22

Section sec.67

s 67 om 2021 SL No. 71 s 22

Section sec.68

s 68 om 2021 SL No. 71 s 22

Section sec.69

s 69 om 2021 SL No. 71 s 22

Section sec.70

s 70 om 2021 SL No. 71 s 22

Section sec.71

s 71 om 2021 SL No. 71 s 22

Section sec.72

s 72 om 2021 SL No. 71 s 22

Section sec.73

s 73 om 2021 SL No. 71 s 22

Section sec.74

s 74 om 2021 SL No. 71 s 22

Section sec.75

s 75 om 2021 SL No. 71 s 22

Interference with water in a watercourse, lake or spring

sec.76 Application of div 4

This division applies to applications, made under section 107 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water. However, this division does not apply to an application mentioned in subsection (1) that is made before the commencement of the division if— the chief executive has decided not to grant the application; and an interested person for the application has appealed, under chapter 6 of the Act , against the decision and the appeal has not been decided before the commencement. s 76 amd 2021 SL No. 71 s 23 (sec.76-ssec.1) This division applies to applications, made under section 107 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water. (sec.76-ssec.2) However, this division does not apply to an application mentioned in subsection (1) that is made before the commencement of the division if— the chief executive has decided not to grant the application; and an interested person for the application has appealed, under chapter 6 of the Act , against the decision and the appeal has not been decided before the commencement. s 76 amd 2021 SL No. 71 s 23

• (a) the chief executive has decided not to grant the application; and
• (b) an interested person for the application has appealed, under chapter 6 of the Act , against the decision and the appeal has not been decided before the commencement.

sec.77 Limitations on interference with water

The water licence may be granted only if the purpose of the proposed impoundment is 1 or more of the following— to store water taken under an authorisation for stock or domestic purposes; to provide a pumping pool to enable water to be taken under an authorisation; to provide improved security for town water supplies taken under an authorisation; to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 . However, the water licence may also be granted if— the proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section 48 (2) or (3) ; or the proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section 48 (1) ; or the impoundment was in existence immediately before 31 December 1999. In this section— repealed section 48(1) means section 48 (1) as in force from time to time before the commencement. s 77 amd 2021 SL No. 71 s 24 (sec.77-ssec.1) The water licence may be granted only if the purpose of the proposed impoundment is 1 or more of the following— to store water taken under an authorisation for stock or domestic purposes; to provide a pumping pool to enable water to be taken under an authorisation; to provide improved security for town water supplies taken under an authorisation; to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 . (sec.77-ssec.2) However, the water licence may also be granted if— the proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section 48 (2) or (3) ; or the proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section 48 (1) ; or the impoundment was in existence immediately before 31 December 1999. (sec.77-ssec.3) In this section— repealed section 48(1) means section 48 (1) as in force from time to time before the commencement.

• (a) to store water taken under an authorisation for stock or domestic purposes;
• (b) to provide a pumping pool to enable water to be taken under an authorisation;
• (c) to provide improved security for town water supplies taken under an authorisation;
• (d) to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 .
• (a) the proposed impoundment is related to a proposed water licence to take water that is allocated under the processes mentioned in section 48 (2) or (3) ; or
• (b) the proposed impoundment is related to a water licence to take water that is allocated under the process mentioned in repealed section 48 (1) ; or
• (c) the impoundment was in existence immediately before 31 December 1999.

sec.78 Interference with water to enable take of water for stock or domestic purposes

This section applies if the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes. In deciding the application the chief executive must consider the following— existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water and the availability of water at the proposed site; the matters mentioned in section 27 (1) (d) . However, the storage capacity must not be greater than is necessary for the storage of water taken under an authorisation for stock or domestic purposes. Subsection (2) does not limit the matters the chief executive may consider. (sec.78-ssec.1) This section applies if the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes. (sec.78-ssec.2) In deciding the application the chief executive must consider the following— existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water and the availability of water at the proposed site; the matters mentioned in section 27 (1) (d) . (sec.78-ssec.3) However, the storage capacity must not be greater than is necessary for the storage of water taken under an authorisation for stock or domestic purposes. (sec.78-ssec.4) Subsection (2) does not limit the matters the chief executive may consider.

• (a) existing water supplies on the property to which the application relates, including existing weirs, groundwater and storages taking overland flow water and the availability of water at the proposed site;
• (b) the matters mentioned in section 27 (1) (d) .

sec.79 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 matters mentioned in section 27 (1) (d) . However, the storage capacity of the pumping pool must not be greater than 5ML. In deciding the application the chief executive must also consider any alternative methods for providing for the operation of the pump that may minimise the impact on the matters mentioned in section 27 (1) (d) . a pump well constructed in bedsand (sec.79-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.79-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 matters mentioned in section 27 (1) (d) . (sec.79-ssec.3) However, the storage capacity of the pumping pool must not be greater than 5ML. (sec.79-ssec.4) In deciding the application the chief executive must also consider any alternative methods for providing for the operation of the pump that may minimise the impact on the matters mentioned in section 27 (1) (d) . a pump well constructed in bedsand

sec.80 Interference with water to improve security for town water supply

This section applies if the proposed interference with water is to provide improved security for town water supplies taken under an authorisation. The chief executive must not grant the application unless the chief executive is satisfied— the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and there is a demonstrated need for an increased reliability of the water supply. In deciding the application the chief executive must consider the matters mentioned in section 27 (1) (d) . Subsection (3) does not limit the matters the chief executive may consider. (sec.80-ssec.1) This section applies if the proposed interference with water is to provide improved security for town water supplies taken under an authorisation. (sec.80-ssec.2) The chief executive must not grant the application unless the chief executive is satisfied— the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and there is a demonstrated need for an increased reliability of the water supply. (sec.80-ssec.3) In deciding the application the chief executive must consider the matters mentioned in section 27 (1) (d) . (sec.80-ssec.4) Subsection (3) does not limit the matters the chief executive may consider.

• (a) the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and
• (b) there is a demonstrated need for an increased reliability of the water supply.

sec.81 Interference with water to satisfy the requirements of an environmental authority

This section applies if the proposed interference with water is to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 . In deciding the application the chief executive must consider the matters mentioned in section 27 (1) (d) . Subsection (2) does not limit the matters the chief executive may consider. (sec.81-ssec.1) This section applies if the proposed interference with water is to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 . (sec.81-ssec.2) In deciding the application the chief executive must consider the matters mentioned in section 27 (1) (d) . (sec.81-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.

sec.82 Interference with water related to the granting of unallocated water

This section applies if the proposed interference with water is related to the granting of unallocated water. The interference must not be greater than is necessary for the purpose of taking the unallocated water. In deciding the application, the chief executive must consider the matters mentioned in section 27 (1) (d) . A water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, may include flow conditions. (sec.82-ssec.1) This section applies if the proposed interference with water is related to the granting of unallocated water. (sec.82-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water. (sec.82-ssec.3) In deciding the application, the chief executive must consider the matters mentioned in section 27 (1) (d) . (sec.82-ssec.4) A water licence to interfere with water, granted in association with a water entitlement to take water granted from the release of unallocated water, may include flow conditions.

Section sec.83

s 83 amd 2014 SL No. 142 s 75 om 2021 SL No. 71 s 25

Section sec.84

s 84 om 2014 SL No. 142 s 76

Existing water allocations to take supplemented and unsupplemented water

sec.85 Purpose of div 6

This division states strategies for water allocations established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take supplemented or unsupplemented water.

sec.86 Existing water allocations to take supplemented water

On the commencement of this plan, a water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take supplemented water— is to be transitioned, without amendment, to a water allocation under this plan; and continues to be— managed under the allocation’s respective resource operations licence; and subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.

• (a) is to be transitioned, without amendment, to a water allocation under this plan; and
• (b) continues to be— (i) managed under the allocation’s respective resource operations licence; and (ii) subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.
• (i) managed under the allocation’s respective resource operations licence; and
• (ii) subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.
• (i) managed under the allocation’s respective resource operations licence; and
• (ii) subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.

sec.87 Existing water allocations to take unsupplemented water

On the commencement of this plan, a water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water— is to be transitioned, with the amendments mentioned in subsection (2) , to a water allocation under this plan; and continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan. A water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water is to be amended under the resource operations plan as follows— to state a maximum rate for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 1.3; to state a daily volumetric limit, expressed in megalitres, for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 0.0864. (sec.87-ssec.1) On the commencement of this plan, a water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water— is to be transitioned, with the amendments mentioned in subsection (2) , to a water allocation under this plan; and continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan. (sec.87-ssec.2) A water allocation established under the repealed Water Resource (Fitzroy Basin) Plan 1999 to take unsupplemented water is to be amended under the resource operations plan as follows— to state a maximum rate for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 1.3; to state a daily volumetric limit, expressed in megalitres, for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 0.0864.

• (a) is to be transitioned, with the amendments mentioned in subsection (2) , to a water allocation under this plan; and
• (b) continues to be subject to the water sharing rules, water allocation change rules and seasonal water assignment arrangements in the resource operations plan.
• (a) to state a maximum rate for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 1.3;
• (b) to state a daily volumetric limit, expressed in megalitres, for the amended water allocation equal to the rate, expressed in litres per second, stated on the existing water allocation multiplied by 0.0864.

Converting authorisations to water allocations to take unsupplemented water

sec.88 Purpose of div 7

This division states strategies for authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.

sec.89 Authorisations to be converted to water allocations

The authorisations to be converted to water allocations to take unsupplemented water are water licences for taking unsupplemented water from— the Nogoa River from the upstream limit of Fairbairn Dam at AMTD 737.5km to its junction with Theresa Creek; and Theresa Creek from its junction with Retreat Creek at AMTD 15.0km to its junction with the Nogoa River; and Retreat Creek, including anabranches, from its junction with Kettle Creek at AMTD 23.6km to its junction with Theresa Creek; and the Comet River, including anabranches, from Lake Brown gauging station AMTD 199.2km to its junction with the Nogoa River; and the Dawson River from the upstream limit of Glebe Weir at AMTD 356.5km to its junction with the Mackenzie River, including sections of tributaries where Dawson River flows are accessible; and the Dawson River from Utopia Downs Gauging Station at AMTD 453.5km to the upstream limit of Glebe Weir at AMTD 356.5km, including sections of tributaries where Dawson River flows are accessible.

• (a) the Nogoa River from the upstream limit of Fairbairn Dam at AMTD 737.5km to its junction with Theresa Creek; and
• (b) Theresa Creek from its junction with Retreat Creek at AMTD 15.0km to its junction with the Nogoa River; and
• (c) Retreat Creek, including anabranches, from its junction with Kettle Creek at AMTD 23.6km to its junction with Theresa Creek; and
• (d) the Comet River, including anabranches, from Lake Brown gauging station AMTD 199.2km to its junction with the Nogoa River; and
• (e) the Dawson River from the upstream limit of Glebe Weir at AMTD 356.5km to its junction with the Mackenzie River, including sections of tributaries where Dawson River flows are accessible; and
• (f) the Dawson River from Utopia Downs Gauging Station at AMTD 453.5km to the upstream limit of Glebe Weir at AMTD 356.5km, including sections of tributaries where Dawson River flows are accessible.

sec.90 Elements of water allocations

A water allocation to take unsupplemented water must state the following— the maximum rate at which water may be taken under the allocation; the daily volumetric limit for the allocation; the annual volumetric limit for the allocation; the flow conditions for the allocation. s 90 sub 2014 SL No. 142 s 77

• (a) the maximum rate at which water may be taken under the allocation;
• (b) the daily volumetric limit for the allocation;
• (c) the annual volumetric limit for the allocation;
• (d) the flow conditions for the allocation.

sec.91 Water allocation groups

This section applies to an authorisation converted to a water allocation to take unsupplemented water (the resulting water allocation ) mentioned in section 89 . The water allocation group for the resulting water allocation is stated in schedule 11 , table, column 3 opposite the location used for taking water stated in schedule 11 , table, column 1 and the flow condition stated in schedule 11 , table, column 2. (sec.91-ssec.1) This section applies to an authorisation converted to a water allocation to take unsupplemented water (the resulting water allocation ) mentioned in section 89 . (sec.91-ssec.2) The water allocation group for the resulting water allocation is stated in schedule 11 , table, column 3 opposite the location used for taking water stated in schedule 11 , table, column 1 and the flow condition stated in schedule 11 , table, column 2.

sec.92 Location for taking water under a water allocation

The location for taking water to be stated on a water allocation to take unsupplemented water is to include the place at which water could have been taken under the authorisation from which the allocation was converted.

sec.93 Purpose to be stated on a water allocation

The purpose to be stated on a water allocation to take unsupplemented water is to be— if the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘agriculture’; or otherwise—‘any’.

• (a) if the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘agriculture’; or
• (b) otherwise—‘any’.

sec.94 Nominal volume for a water allocation

In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must have regard to the following— the local availability of water; the conditions under which water may be taken under the authorisation; for an authorisation that states any volumetric limits—the stated volumetric limits; the simulated mean annual diversion for the proposed water allocation. In this section— simulated mean annual diversion , for an authorisation or group of authorisations, means the total volume of water simulated to have been taken under the authorisations, if the authorisations were in existence for the whole of the simulation period, divided by the number of years in the simulation period. s 94 amd 2021 SL No. 71 ss 26 , 49 (10) (sec.94-ssec.1) In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must have regard to the following— the local availability of water; the conditions under which water may be taken under the authorisation; for an authorisation that states any volumetric limits—the stated volumetric limits; the simulated mean annual diversion for the proposed water allocation. (sec.94-ssec.2) In this section— simulated mean annual diversion , for an authorisation or group of authorisations, means the total volume of water simulated to have been taken under the authorisations, if the authorisations were in existence for the whole of the simulation period, divided by the number of years in the simulation period.

• (a) the local availability of water;
• (b) the conditions under which water may be taken under the authorisation;
• (c) for an authorisation that states any volumetric limits—the stated volumetric limits;
• (d) the simulated mean annual diversion for the proposed water allocation.

sec.95 Maximum rate for taking water

The maximum rate at which water may be taken under a water allocation is— for an authorisation that states an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— states a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or states a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation. However, for subsection (1) (a) and (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . The chief executive must ensure that the total volume that can be taken in a day at the maximum rate for the allocation is not less than the daily volumetric limit under section 96 . (sec.95-ssec.1) The maximum rate at which water may be taken under a water allocation is— for an authorisation that states an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— states a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or states a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation. (sec.95-ssec.2) However, for subsection (1) (a) and (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . (sec.95-ssec.3) The chief executive must ensure that the total volume that can be taken in a day at the maximum rate for the allocation is not less than the daily volumetric limit under section 96 .

• (a) for an authorisation that states an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (b) for an authorisation that does not state an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) states a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) states a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (c) for another authorisation—the rate decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
• (i) the type of authorisation; and
• (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
• (i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) states a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) the type of authorisation; and
• (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
• (a) the conditions under which the water may be taken;
• (b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump );
• (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
• (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

sec.96 Daily volumetric limit for a water allocation

The daily volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated rate by 0.0864; or for an authorisation that does not state a maximum rate but states an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for an authorisation that does not state a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or states a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for another authorisation—the volume decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the daily rate at which water can be taken under the authorisation. However, for subsection (1) (b) and (c) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . (sec.96-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated rate by 0.0864; or for an authorisation that does not state a maximum rate but states an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for an authorisation that does not state a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or states a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for another authorisation—the volume decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the daily rate at which water can be taken under the authorisation. (sec.96-ssec.2) However, for subsection (1) (b) and (c) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

• (a) for an authorisation that states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated rate by 0.0864; or
• (b) for an authorisation that does not state a maximum rate but states an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (c) for an authorisation that does not state a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (d) for another authorisation—the volume decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the daily rate at which water can be taken under the authorisation.
• (i) the type of authorisation; and
• (ii) an estimate or measurement of the daily rate at which water can be taken under the authorisation.
• (i) for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) states a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) the type of authorisation; and
• (ii) an estimate or measurement of the daily rate at which water can be taken under the authorisation.
• (a) the conditions under which the water may be taken;
• (b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;
• (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
• (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

sec.97 Annual volumetric limit for a water allocation

The annual volumetric limit for a water allocation to take unsupplemented water is— for an authorisation converted to a water allocation belonging to water allocation group Class 0A—the stated volume; or for an authorisation converted to a water allocation belonging to water allocation group Class 9A, Class 9B, Class 10A, Class 10B, Class 11A, Class 11B, Class 12A or Class 13A—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section 96 , by the number of days stated in schedule 11 , column 4 for the water allocation group; or for an authorisation converted to a water allocation belonging to water allocation group Class 8A, Class 10C or Class 13C— for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section 96 , by the number of days stated in schedule 11 , column 4 for the water allocation group.

• (a) for an authorisation converted to a water allocation belonging to water allocation group Class 0A—the stated volume; or
• (b) for an authorisation converted to a water allocation belonging to water allocation group Class 9A, Class 9B, Class 10A, Class 10B, Class 11A, Class 11B, Class 12A or Class 13A—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section 96 , by the number of days stated in schedule 11 , column 4 for the water allocation group; or
• (c) for an authorisation converted to a water allocation belonging to water allocation group Class 8A, Class 10C or Class 13C— (i) for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or (ii) for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section 96 , by the number of days stated in schedule 11 , column 4 for the water allocation group.
• (i) for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or
• (ii) for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section 96 , by the number of days stated in schedule 11 , column 4 for the water allocation group.
• (i) for an authorisation that states the area that may be irrigated—the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; or
• (ii) for another authorisation—the volume, expressed in megalitres, calculated by multiplying the daily volumetric limit under section 96 , by the number of days stated in schedule 11 , column 4 for the water allocation group.

sec.98 Conditions for water allocations

The chief executive may impose on a water allocation to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved. In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the authorisation from which the allocation was converted. (sec.98-ssec.1) The chief executive may impose on a water allocation to take unsupplemented water any condition the chief executive is satisfied is necessary to ensure the outcomes of this plan are achieved. (sec.98-ssec.2) In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to the conditions stated on the authorisation from which the allocation was converted.

sec.99 Monthly volumetric limit for a water allocation

A water allocation converted from an authorisation that states an area that may be irrigated may also state a monthly volumetric limit. The monthly volumetric limit for the water allocation is the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 2. (sec.99-ssec.1) A water allocation converted from an authorisation that states an area that may be irrigated may also state a monthly volumetric limit. (sec.99-ssec.2) The monthly volumetric limit for the water allocation is the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 2.

sec.100 Storing water taken under a water allocation

This section applies if the chief executive decides to impose a condition on a water allocation that states works that may be used to store the water taken under the allocation. In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water. (sec.100-ssec.1) This section applies if the chief executive decides to impose a condition on a water allocation that states works that may be used to store the water taken under the allocation. (sec.100-ssec.2) In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.

Water licences to take water from watercourse, lake or spring

sec.100A Application of division

This division applies to— a water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act ; or a water licence to take water to which this plan applies that is proposed to be amended under section 133 of the Act for consistency with this plan. However, this division does not apply to a water licence to interfere with the flow of water to which this plan applies. s 100A ins 2021 SL No. 71 s 28 (sec.100A-ssec.1) This division applies to— a water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act ; or a water licence to take water to which this plan applies that is proposed to be amended under section 133 of the Act for consistency with this plan. (sec.100A-ssec.2) However, this division does not apply to a water licence to interfere with the flow of water to which this plan applies.

• (a) a water licence to take water to which this plan applies that is proposed to be granted by the chief executive under the Act ; or
• (b) a water licence to take water to which this plan applies that is proposed to be amended under section 133 of the Act for consistency with this plan.

sec.101 Elements of water licences to take water from a watercourse, lake or spring

A water licence to take water from a watercourse, lake or spring in the plan area is to state— 1 of the following purposes for which the water may be taken under the licence— stock and domestic; relift; agriculture; any; and the maximum rate at which the water may be taken under the licence; and the daily volumetric limit for the licence; and the nominal entitlement for the licence; and the monthly volumetric limit, if any, for the licence; and the conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence. s 101 amd 2021 SL No. 71 s 29

• (a) 1 of the following purposes for which the water may be taken under the licence— (i) stock and domestic; (ii) relift; (iii) agriculture; (iv) any; and
• (i) stock and domestic;
• (ii) relift;
• (iii) agriculture;
• (iv) any; and
• (b) the maximum rate at which the water may be taken under the licence; and
• (c) the daily volumetric limit for the licence; and
• (d) the nominal entitlement for the licence; and
• (e) the monthly volumetric limit, if any, for the licence; and
• (f) the conditions, if any, for the licence, including flow conditions and conditions for storing water taken under the licence.
• (i) stock and domestic;
• (ii) relift;
• (iii) agriculture;
• (iv) any; and

sec.102 Definition for sdiv 2

In this subdivision— amended water licence means a water licence to take unsupplemented water from a watercourse, lake or spring and amended under section 133 of the Act . s 102 def amended water licence amd 2021 SL No. 71 s 30

sec.103 Purpose to be stated on a water licence

The purpose stated on an amended water licence is to be— if the purpose stated on the water licence before the amendment is stock or domestic—‘stock and domestic’; or if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or if the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or otherwise—‘any’. For subsection (1) (c) , water taken under a water licence is used for a relift purpose if the water is— released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and taken from a watercourse, lake, spring or works under the licence. s 103 amd 2021 SL No. 71 s 31 (sec.103-ssec.1) The purpose stated on an amended water licence is to be— if the purpose stated on the water licence before the amendment is stock or domestic—‘stock and domestic’; or if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or if the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or otherwise—‘any’. (sec.103-ssec.2) For subsection (1) (c) , water taken under a water licence is used for a relift purpose if the water is— released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and taken from a watercourse, lake, spring or works under the licence.

• (a) if the purpose stated on the water licence before the amendment is stock or domestic—‘stock and domestic’; or
• (b) if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘agriculture’; or
• (c) if the chief executive is satisfied that water taken under the water licence before the amendment was used for a relift purpose—‘relift’; or
• (d) otherwise—‘any’.
• (a) released into a watercourse, lake, spring or works for the purpose of being taken from the watercourse, lake, spring or works under another authorisation; and
• (b) taken from a watercourse, lake, spring or works under the licence.

sec.104 Maximum rate for a water licence

The maximum rate at which unsupplemented water may be taken under an amended water licence is— for an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— stated a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or stated a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for another amended water licence—the rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the rate at which water can be taken under the licence. However, for subsection (1) (b) and (c) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . The chief executive must ensure that the total volume that could be taken in a day at the maximum rate for the amended water licence is not less than the daily volumetric limit under section 105 . (sec.104-ssec.1) The maximum rate at which unsupplemented water may be taken under an amended water licence is— for an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— stated a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or stated a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and for another amended water licence—the rate decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the rate at which water can be taken under the licence. (sec.104-ssec.2) However, for subsection (1) (b) and (c) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . (sec.104-ssec.3) The chief executive must ensure that the total volume that could be taken in a day at the maximum rate for the amended water licence is not less than the daily volumetric limit under section 105 .

• (a) for an amended water licence that, before the amendment, stated both a maximum rate, expressed in litres per second, and a daily volumetric limit—the maximum rate stated on the licence before the amendment; or
• (b) for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit but stated an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (c) for an amended water licence that, before the amendment, did not state a maximum rate and a daily volumetric limit or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) stated a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or (ii) stated a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) stated a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) stated a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (d) for another amended water licence—the rate decided by the chief executive having regard to— (i) the type of licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (i) the type of licence; and
• (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (i) for a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) stated a pump size mentioned in schedule 10 , column 1—the rate stated in schedule 10 , column 2 for the pump size; or
• (ii) stated a pump size other than a pump size mentioned in schedule 10 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 10 , column 2; and
• (i) the type of licence; and
• (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (a) the conditions under which the water may be taken;
• (b) the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates;
• (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
• (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

sec.105 Daily volumetric limit for a water licence

The daily volumetric limit for an amended water licence to take unsupplemented water is— for an amended water licence that, before the amendment, stated the volume of water that may be taken in a day—the daily volume stated on the licence before the amendment; or for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day but stated 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 amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate but stated an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— stated a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or stated a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for another amended water licence—the volume decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the daily rate at which water can be taken under the licence. However, for subsection (1) (c) and (d) , if the licence holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) . (sec.105-ssec.1) The daily volumetric limit for an amended water licence to take unsupplemented water is— for an amended water licence that, before the amendment, stated the volume of water that may be taken in a day—the daily volume stated on the licence before the amendment; or for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day but stated 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 amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate but stated an authorised activity referring to the capability of a particular pump size to take water— for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— stated a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or stated a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or for another amended water licence—the volume decided by the chief executive having regard to— the type of licence; and an estimate or measurement of the daily rate at which water can be taken under the licence. (sec.105-ssec.2) However, for subsection (1) (c) and (d) , if the licence holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

• (a) for an amended water licence that, before the amendment, stated the volume of water that may be taken in a day—the daily volume stated on the licence before the amendment; or
• (b) for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day but stated 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 amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate but stated an authorised activity referring to the capability of a particular pump size to take water— (i) for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (d) for an amended water licence that, before the amendment, did not state a volume of water that may be taken in a day or a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but for which a related development permit— (i) stated a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or (ii) stated a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) stated a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) stated a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (e) for another amended water licence—the volume decided by the chief executive having regard to— (i) the type of licence; and (ii) an estimate or measurement of the daily rate at which water can be taken under the licence.
• (i) the type of licence; and
• (ii) an estimate or measurement of the daily rate at which water can be taken under the licence.
• (i) for a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) for a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) stated a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 3 for the pump size; or
• (ii) stated a pump size other than a pump size mentioned in schedule 10 , column 1—the volume decided by the chief executive having regard to the volumes stated for similar pump sizes in schedule 10 , column 3; or
• (i) the type of licence; and
• (ii) an estimate or measurement of the daily rate at which water can be taken under the licence.
• (a) the conditions under which the water may be taken;
• (b) the water-taking capacity of the pump (the existing pump ) to which the authorised activity or development permit relates under normal operating conditions;
• (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
• (d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .

sec.106 Nominal entitlement for a water licence

The nominal entitlement for an amended water licence to take unsupplemented water is— for an amended water licence that, before the amendment, stated the volume of water that may be taken in a 12-month period—the stated volume; or for an amended water licence that, before the amendment, stated an area that may be irrigated— the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient, the volume decided by the chief executive having regard to the following— the volume required for the licence’s intended purpose; the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the use of the water mentioned in sub-subparagraph (B); or otherwise—the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the licence; the water-taking capacity of any works for taking water under the licence; the volume required for the licence’s intended purpose; the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the use of the water mentioned in subparagraph (iv) .

• (a) for an amended water licence that, before the amendment, stated the volume of water that may be taken in a 12-month period—the stated volume; or
• (b) for an amended water licence that, before the amendment, stated an area that may be irrigated— (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or
• (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or
• (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or
• (A) the volume required for the licence’s intended purpose;
• (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or
• (c) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water-taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
• (i) the conditions under which water may be taken under the licence;
• (ii) the water-taking capacity of any works for taking water under the licence;
• (iii) the volume required for the licence’s intended purpose;
• (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
• (i) the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 6; or
• (ii) if the chief executive is satisfied that the amount under subparagraph (i) is not sufficient, the volume decided by the chief executive having regard to the following— (A) the volume required for the licence’s intended purpose; (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or
• (A) the volume required for the licence’s intended purpose;
• (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or
• (A) the volume required for the licence’s intended purpose;
• (B) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (C) the efficiency of the use of the water mentioned in sub-subparagraph (B); or
• (i) the conditions under which water may be taken under the licence;
• (ii) the water-taking capacity of any works for taking water under the licence;
• (iii) the volume required for the licence’s intended purpose;
• (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (v) the efficiency of the use of the water mentioned in subparagraph (iv) .

Section sec.106A

s 106A ins 2015 SL No. 121 s 10 om 2021 SL No. 71 s 32

sec.107 Monthly volumetric limit for a water licence

This section applies to an amended water licence that, before the amendment, stated an area that may be irrigated. The monthly volumetric limit for the amended water licence is the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 2. (sec.107-ssec.1) This section applies to an amended water licence that, before the amendment, stated an area that may be irrigated. (sec.107-ssec.2) The monthly volumetric limit for the amended water licence is the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, expressed in hectares, by 2.

sec.108 Conditions for water licences

In deciding the conditions, including flow conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions stated on the water licence being amended.

sec.109 Storing water taken under a water licence

This section applies if the chief executive decides to impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence. In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water. (sec.109-ssec.1) This section applies if the chief executive decides to impose a condition on an amended water licence that states the works that may be used to store the water taken under the licence. (sec.109-ssec.2) In deciding to impose the condition, the chief executive must consider the capacity of any existing overland flow works being used to store the water.

Regulating overland flow water

sec.110 Limitation on taking overland flow water— Act , s 101

This section limits the overland flow water that may be taken under section 101 (1) of the Act . A person may only take overland flow water— for stock or domestic purposes; or for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; otherwise—50ML; or under a water licence; or of not more than the volume necessary to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter 8 ; or that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or under section 111 . In this section— coal seam gas water see the Environmental Protection Act 1994 , section 310D (7) . contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse. s 110 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2021 SL No. 71 s 33 (sec.110-ssec.1) This section limits the overland flow water that may be taken under section 101 (1) of the Act . (sec.110-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; otherwise—50ML; or under a water licence; or of not more than the volume necessary to satisfy the requirements of the following— an environmental authority issued under the Environmental Protection Act 1994 ; a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter 8 ; or that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or under section 111 . (sec.110-ssec.3) In this section— coal seam gas water see the Environmental Protection Act 1994 , section 310D (7) . contaminated agricultural runoff water means overland flow water that contains, or is likely to contain, excess nutrients or farm chemicals at levels potentially harmful to the quality of water in a watercourse.

• (a) for stock or domestic purposes; or
• (b) for another purpose, if the works that allow the taking of overland flow water have a capacity of not more than the following— (i) for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML; (ii) otherwise—50ML; or
• (i) for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML;
• (ii) otherwise—50ML; or
• (c) under a water licence; or
• (d) of not more than the volume necessary to satisfy the requirements of the following— (i) an environmental authority issued under the Environmental Protection Act 1994 ; (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 ;
• (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) that is incidental to the operation of a storage facility constructed to store coal seam gas water for which an entity holds an approval under the Waste Reduction and Recycling Act 2011 , chapter 8 ; or
• (g) that is incidental to the operation of a storage facility located outside the Downstream of Fitzroy Barrage subcatchment area and constructed to store water other than overland flow water on a catchment of not more than 250 hectares; or
• (h) under section 111 .
• (i) for works located in the Downstream of Fitzroy Barrage subcatchment area—5ML;
• (ii) otherwise—50ML; or
• (i) an environmental authority issued under the Environmental Protection Act 1994 ;
• (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