This plan sets how water in the Gold Coast plan area (watercourses, lakes and springs) is allocated, converted and managed. It prescribes environmental‑flow and water‑security targets in schedules and numerical tables that guide allocation and operating rules (secs 4, 8, 13, schs 5–6).
The chief executive makes allocation, conversion and operating decisions and may approve modelling methods; water users face volumetric and rate limits and flow‑condition constraints and operators must meet monitoring and reporting requirements (secs 18, 19, 41–45, 47, 54, 59).
This plan, cited as the Water Plan (Gold Coast) 2006 (s 1), sets a statutory framework for defining the plan area and the water resources within it, expressing the purposes, environmental objectives, water allocation security objectives and operational decision-making rules that govern allocation, conversion and management of water in the Gold Coast plan area.
Mechanically the instrument:
identifies the plan area and subcatchment areas by reference to maps and schedules (s 4, s 5, s 6) and designates nodes on watercourses for which environmental flow objectives are specified (s 7, schedule 4, schedule 5);
states the types of water to which it applies: water in watercourses, lakes and springs in the plan area (s 8);
sets out purposes,defining availability, providing a sustainable management framework, identifying future requirements, establishing allocation frameworks and seeking ecosystem recovery where practicable (s 2);
establishes outcomes: general outcomes (s 10) and specific ecological outcomes (s 11) that the allocation and management regime must seek to balance (s 9);
prescribes performance indicators and environmental flow objectives (s 12, s 13, schedule 5) including seasonally expressed low-, medium- and high-flow targets and indices;
prescribes water allocation security performance indicators and objectives (s 14, s 15, schedule 6) including a 70% unsupplemented water sharing index for unsupplemented takes and a monthly supplemented water sharing index for supplemented takes;
allocates roles and constraints for decision‑makers, most notably the chief executive and the Minister, in making allocation and operational decisions (Part 5, especially ss 16-24, 35);
Current sections
Direct links to the current provisions in Water Plan (Gold Coast) 2006.
85
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This water plan may be cited as the Water Plan (Gold Coast) 2006 .
s 1 sub 2014 Act No. 64 s 255 sch 2
sec.2
Purposes of plan
sec.2 Purposes of plan
The following are the purposes of this plan—
to define the availability of water in the plan area;
to provide a framework for sustainably managing water and the taking of water;
to identify priorities and mechanisms for dealing with future water requirements;
to provide a framework for establishing water allocations;
to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems.
(a) to define the availability of water in the plan area;
(b) to provide a framework for sustainably managing water and the taking of water;
(c) to identify priorities and mechanisms for dealing with future water requirements;
(d) to provide a framework for establishing water allocations;
(e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 11 defines particular words used in this plan.
pt.2
Plan area and water to which plan applies
Plan area and water to which plan applies
sec.4
Plan area
sec.4 Plan area
This plan applies to the area shown as the plan area on the map in schedule 1 .
sec.5
Subcatchment areas
sec.5 Subcatchment areas
Each part of the plan area that is within a subcatchment area shown on the map in schedule 2 , and named in schedule 3 , is a subcatchment area for this plan.
sec.6
Information about areas
sec.6 Information about areas
The exact location of the plan area and subcatchment area boundaries is held in digital electronic form by the department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
(sec.6-ssec.1) The exact location of the plan area and subcatchment area boundaries is held in digital electronic form by the department.
(sec.6-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
sec.7
Nodes
sec.7 Nodes
A node mentioned in this plan is a place—
on a watercourse in the plan area; and
for which environmental flow objectives are set for performance indicators.
The location of each node is shown on the map in schedule 1 and described in schedule 4 .
Each node is identified on the map by a letter of the alphabet.
(sec.7-ssec.1) A node mentioned in this plan is a place— on a watercourse in the plan area; and for which environmental flow objectives are set for performance indicators.
(sec.7-ssec.2) The location of each node is shown on the map in schedule 1 and described in schedule 4 .
(sec.7-ssec.3) Each node is identified on the map by a letter of the alphabet.
(a) on a watercourse in the plan area; and
(b) for which environmental flow objectives are set for performance indicators.
sec.8
Water to which plan applies
sec.8 Water to which plan applies
This plan applies to water in a watercourse, lake or spring in the plan area.
s 8 sub 2016 SL No. 216 s 146 sch 20
pt.3
Outcomes for sustainable management of water
Outcomes for sustainable management of water
sec.9
Outcomes for water in plan area
sec.9 Outcomes for water in plan area
Water is to be allocated and sustainably managed in a way that—
recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
seeks to achieve a balance in the following outcomes—
the general outcomes mentioned in section 10 ;
the ecological outcomes mentioned in section 11 .
(a) recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
(b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 10 ; (ii) the ecological outcomes mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes mentioned in section 11 .
sec.10
General outcomes
sec.10 General outcomes
Each of the following is a general outcome for water in the plan area—
to provide for future water requirements, including the opportunity for additional water to be taken from the plan area;
to provide for the continued use of all existing water entitlements and other authorisations;
to protect the probability of being able to obtain water under a water allocation;
to encourage the efficient use of water;
to protect essential water supplies when water availability is low;
to support natural ecosystems by minimising changes to natural flow regimes;
to protect, or minimise the impact of the taking of water on, ecological assets and ecosystem structures and processes;
to allow water-related cultural use of the plan area by the traditional owners of the area;
to provide consistency between this plan and the SEQ regional plan.
(a) to provide for future water requirements, including the opportunity for additional water to be taken from the plan area;
(b) to provide for the continued use of all existing water entitlements and other authorisations;
(c) to protect the probability of being able to obtain water under a water allocation;
(d) to encourage the efficient use of water;
(e) to protect essential water supplies when water availability is low;
(f) to support natural ecosystems by minimising changes to natural flow regimes;
(g) to protect, or minimise the impact of the taking of water on, ecological assets and ecosystem structures and processes;
(h) to allow water-related cultural use of the plan area by the traditional owners of the area;
(i) to provide consistency between this plan and the SEQ regional plan.
sec.11
Ecological outcomes
sec.11 Ecological outcomes
Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows—
for Coomera River within the area known as Canungra Land Warfare Centre, including, in particular, Back Creek, and other waters of high ecological value under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , including, in particular, Tallebudgerra Creek and Currumbin Creek—to minimise changes to the flow regimes of the waters;
for Nerang River upstream of the Hinze Dam and Little Nerang Creek upstream of the Little Nerang Dam—
to minimise changes to river-forming processes; and
to minimise changes to the flow regime;
for Coomera River estuary—
to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and
to minimise changes to the freshwater inflows to Coombabah Lake.
Also, an ecological outcome for water in the plan area is to minimise changes, as far as practicable, to the volume and seasonality of freshwater flows into Moreton Bay and the Broadwater.
s 11 amd 2019 SL No. 155 s 232
(sec.11-ssec.1) Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows— for Coomera River within the area known as Canungra Land Warfare Centre, including, in particular, Back Creek, and other waters of high ecological value under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , including, in particular, Tallebudgerra Creek and Currumbin Creek—to minimise changes to the flow regimes of the waters; for Nerang River upstream of the Hinze Dam and Little Nerang Creek upstream of the Little Nerang Dam— to minimise changes to river-forming processes; and to minimise changes to the flow regime; for Coomera River estuary— to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and to minimise changes to the freshwater inflows to Coombabah Lake.
(sec.11-ssec.2) Also, an ecological outcome for water in the plan area is to minimise changes, as far as practicable, to the volume and seasonality of freshwater flows into Moreton Bay and the Broadwater.
(a) for Coomera River within the area known as Canungra Land Warfare Centre, including, in particular, Back Creek, and other waters of high ecological value under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , including, in particular, Tallebudgerra Creek and Currumbin Creek—to minimise changes to the flow regimes of the waters;
(b) for Nerang River upstream of the Hinze Dam and Little Nerang Creek upstream of the Little Nerang Dam— (i) to minimise changes to river-forming processes; and (ii) to minimise changes to the flow regime;
(i) to minimise changes to river-forming processes; and
(ii) to minimise changes to the flow regime;
(c) for Coomera River estuary— (i) to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and (ii) to minimise changes to the freshwater inflows to Coombabah Lake.
(i) to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and
(ii) to minimise changes to the freshwater inflows to Coombabah Lake.
(i) to minimise changes to river-forming processes; and
(ii) to minimise changes to the flow regime;
(i) to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and
(ii) to minimise changes to the freshwater inflows to Coombabah Lake.
pt.4
Performance indicators and objectives
Performance indicators and objectives
pt.4-div.1
Environmental flow objectives
Environmental flow objectives
sec.12
Performance indicators for environmental flow objectives
sec.12 Performance indicators for environmental flow objectives
The performance indicators for the environmental flow objectives are—
for assessing periods of low flow—
50% daily flow; and
90% daily flow; and
daily flow less than 1ML; and
number of periods of no flow of at least 1 month but less than 3 months; and
number of periods of no flow of at least 3 months but less than 6 months; and
number of periods of no flow of at least 6 months; and
for assessing periods of medium to high flow—
mean annual flow; and
1.5 year daily flow volume; and
5 year daily flow volume; and
20 year daily flow volume; and
for assessing seasonal flow patterns—
flow regime class; and
annual proportional flow deviation.
(a) for assessing periods of low flow— (i) 50% daily flow; and (ii) 90% daily flow; and (iii) daily flow less than 1ML; and (iv) number of periods of no flow of at least 1 month but less than 3 months; and (v) number of periods of no flow of at least 3 months but less than 6 months; and (vi) number of periods of no flow of at least 6 months; and
(i) 50% daily flow; and
(ii) 90% daily flow; and
(iii) daily flow less than 1ML; and
(iv) number of periods of no flow of at least 1 month but less than 3 months; and
(v) number of periods of no flow of at least 3 months but less than 6 months; and
(vi) number of periods of no flow of at least 6 months; and
(b) for assessing periods of medium to high flow— (i) mean annual flow; and (ii) 1.5 year daily flow volume; and (iii) 5 year daily flow volume; and (iv) 20 year daily flow volume; and
(i) mean annual flow; and
(ii) 1.5 year daily flow volume; and
(iii) 5 year daily flow volume; and
(iv) 20 year daily flow volume; and
(c) for assessing seasonal flow patterns— (i) flow regime class; and (ii) annual proportional flow deviation.
(i) flow regime class; and
(ii) annual proportional flow deviation.
(i) 50% daily flow; and
(ii) 90% daily flow; and
(iii) daily flow less than 1ML; and
(iv) number of periods of no flow of at least 1 month but less than 3 months; and
(v) number of periods of no flow of at least 3 months but less than 6 months; and
(vi) number of periods of no flow of at least 6 months; and
(i) mean annual flow; and
(ii) 1.5 year daily flow volume; and
(iii) 5 year daily flow volume; and
(iv) 20 year daily flow volume; and
(i) flow regime class; and
(ii) annual proportional flow deviation.
sec.13
Environmental flow objectives
sec.13 Environmental flow objectives
The environmental flow objectives for this plan are stated in schedule 5 .
pt.4-div.2
Water allocation security objectives
Water allocation security objectives
sec.14
Performance indicators for water allocation security objectives
sec.14 Performance indicators for water allocation security objectives
The performance indicators for the water allocation security objectives are—
for taking supplemented water—monthly supplemented water sharing index; and
for taking unsupplemented water—70% unsupplemented water sharing index.
(a) for taking supplemented water—monthly supplemented water sharing index; and
(b) for taking unsupplemented water—70% unsupplemented water sharing index.
sec.15
Water allocation security objectives
sec.15 Water allocation security objectives
The water allocation security objectives for this plan are stated in schedule 6 .
pt.5
Strategies for achieving outcomes
Strategies for achieving outcomes
pt.5-div.1
Decisions made under this plan
Decisions made under this plan
sec.16
Application of div 1
sec.16 Application of div 1
This division applies to decisions about the allocation or management of water in the plan area, other than a decision—
about reinstating or replacing an expired water licence; or
to grant a water entitlement to a local government, government agency or the water grid manager for the continued taking of or interfering with water.
s 16 amd 2008 Act No. 34 s 751 sch 2
(a) about reinstating or replacing an expired water licence; or
(b) to grant a water entitlement to a local government, government agency or the water grid manager for the continued taking of or interfering with water.
sec.17
Decisions consistent with objectives
sec.17 Decisions consistent with objectives
Decisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—
the environmental flow objectives stated in schedule 5 ; and
the water allocation security objectives stated in schedule 6 .
(a) the environmental flow objectives stated in schedule 5 ; and
(b) the water allocation security objectives stated in schedule 6 .
sec.18
Assessing impact of decisions
sec.18 Assessing impact of decisions
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
(sec.18-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.
(sec.18-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.18-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.19
Decisions not to increase amount of water taken
sec.19 Decisions not to increase amount of water taken
The chief executive must not make a decision that would increase the average volume of water available to be taken in the plan area.
Subsection (1) does not apply to a decision—
about unallocated water made under section 23 or 24 ; or
about a water permit.
A decision mentioned in subsection (1) includes a decision about an application for an authorisation to take water made but not dealt with before the commencement of this plan.
s 19 amd 2008 Act No. 34 s 751 sch 2
(sec.19-ssec.1) The chief executive must not make a decision that would increase the average volume of water available to be taken in the plan area.
(sec.19-ssec.2) Subsection (1) does not apply to a decision— about unallocated water made under section 23 or 24 ; or about a water permit.
(sec.19-ssec.3) A decision mentioned in subsection (1) includes a decision about an application for an authorisation to take water made but not dealt with before the commencement of this plan.
(a) about unallocated water made under section 23 or 24 ; or
(b) about a water permit.
sec.20
Restriction on taking water from waterholes or lakes
sec.20 Restriction on taking water from waterholes or lakes
The chief executive may grant an authorisation to take water from a waterhole or lake only if—
the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or
the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental 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 the waterhole or lake naturally overflows
In making a decision under subsection (1) , the chief executive must consider—
the impact the proposed taking of the water may have on the following—
water quality;
inundation of habitats;
the movement of fish and other aquatic species;
the natural movement of sediment;
recreation and aesthetic values;
cultural values including, for example, cultural values of the traditional owners of the area; and
whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
An authorisation mentioned in subsection (1) does not include a water allocation converted from an authorisation under division 5 .
Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.
Subsection (2) does not limit the matters the chief executive may consider.
(sec.20-ssec.1) The chief executive may grant an authorisation to take water from a waterhole or lake only if— the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental 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 the waterhole or lake naturally overflows
(sec.20-ssec.2) In making a decision under subsection (1) , the chief executive must consider— the impact the proposed taking of the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values including, for example, cultural values of the traditional owners of the area; and whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
(sec.20-ssec.3) An authorisation mentioned in subsection (1) does not include a water allocation converted from an authorisation under division 5 .
(sec.20-ssec.4) Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.
(sec.20-ssec.5) Subsection (2) does not limit the matters the chief executive may consider.
(a) the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or
(b) the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental values of the waterhole or lake. Example for paragraph (a) — 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 the waterhole or lake naturally overflows
(a) the impact the proposed taking of the water may have on the following— (i) water quality; (ii) inundation of habitats; (iii) the movement of fish and other aquatic species; (iv) the natural movement of sediment; (v) recreation and aesthetic values; (vi) cultural values including, for example, cultural values of the traditional owners of the area; and
(i) water quality;
(ii) inundation of habitats;
(iii) the movement of fish and other aquatic species;
(iv) the natural movement of sediment;
(v) recreation and aesthetic values;
(vi) cultural values including, for example, cultural values of the traditional owners of the area; and
(b) whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
(i) water quality;
(ii) inundation of habitats;
(iii) the movement of fish and other aquatic species;
(iv) the natural movement of sediment;
(v) recreation and aesthetic values;
(vi) cultural values including, for example, cultural values of the traditional owners of the area; and
pt.5-div.2
General and strategic reserves
General and strategic reserves
sec.21
Unallocated water held as general or strategic reserve
sec.21 Unallocated water held as general or strategic reserve
Unallocated water is held as a general or strategic reserve and dealt with under this division.
sec.22
Matters chief executive must consider
sec.22 Matters chief executive must consider
In dealing with unallocated water, the chief executive must consider—
the need for, and efficiency of, present and proposed uses of water including—
the extent to which water is being taken under authorisations in the plan area; and
emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and
alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
the availability of an alternative water supply for the purpose for which the water is required; and
the impact the proposed taking of or interfering with the water may have on the following—
water quality;
estuarine areas;
inundation of habitats;
the movement of fish and other aquatic species;
the natural movement of sediment;
recreation and aesthetic values;
cultural values, including, for example, cultural values of traditional owners of the area; and
whether the proposed taking of or interfering with, or the proposed use of, the water is likely to—
have a direct adverse effect on groundwater; or
lead to degradation of land, downstream watercourses or estuarine or marine waters; and
whether the proposed use of the water is consistent with—
the SEQ regional plan; and
any system operating plan applying to the plan area; and
any regional water security program for the SEQ region; and
whether the proposed taking of or interfering with, or the proposed use of, the water is consistent with the ecological outcomes mentioned in section 11 ; and
if the process in the resource operations plan for granting unallocated water includes a public auction, public ballot or public tender—the price offered under the process.
In considering the impact the proposed taking of or interfering with the water may have on water quality under subsection (1) (c) (i) , the chief executive must have regard to the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 .
Subsection (1) does not limit the matters the chief executive may consider.
s 22 amd 2019 SL No. 155 s 233
(sec.22-ssec.1) In dealing with unallocated water, the chief executive must consider— the need for, and efficiency of, present and proposed uses of water including— the extent to which water is being taken under authorisations in the plan area; and emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of or interfering with the water may have on the following— water quality; estuarine areas; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values, including, for example, cultural values of traditional owners of the area; and whether the proposed taking of or interfering with, or the proposed use of, the water is likely to— have a direct adverse effect on groundwater; or lead to degradation of land, downstream watercourses or estuarine or marine waters; and whether the proposed use of the water is consistent with— the SEQ regional plan; and any system operating plan applying to the plan area; and any regional water security program for the SEQ region; and whether the proposed taking of or interfering with, or the proposed use of, the water is consistent with the ecological outcomes mentioned in section 11 ; and if the process in the resource operations plan for granting unallocated water includes a public auction, public ballot or public tender—the price offered under the process.
(sec.22-ssec.2) In considering the impact the proposed taking of or interfering with the water may have on water quality under subsection (1) (c) (i) , the chief executive must have regard to the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 .
(sec.22-ssec.3) Subsection (1) does not limit the matters the chief executive may consider.
(a) the need for, and efficiency of, present and proposed uses of water including— (i) the extent to which water is being taken under authorisations in the plan area; and (ii) emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
(i) the extent to which water is being taken under authorisations in the plan area; and
(ii) emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and
(iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
(b) the availability of an alternative water supply for the purpose for which the water is required; and
(c) the impact the proposed taking of or interfering with the water may have on the following— (i) water quality; (ii) estuarine areas; (iii) inundation of habitats; (iv) the movement of fish and other aquatic species; (v) the natural movement of sediment; (vi) recreation and aesthetic values; (vii) cultural values, including, for example, cultural values of traditional owners of the area; and
(i) water quality;
(ii) estuarine areas;
(iii) inundation of habitats;
(iv) the movement of fish and other aquatic species;
(v) the natural movement of sediment;
(vi) recreation and aesthetic values;
(vii) cultural values, including, for example, cultural values of traditional owners of the area; and
(d) whether the proposed taking of or interfering with, or the proposed use of, the water is likely to— (i) have a direct adverse effect on groundwater; or (ii) lead to degradation of land, downstream watercourses or estuarine or marine waters; and
(i) have a direct adverse effect on groundwater; or
(ii) lead to degradation of land, downstream watercourses or estuarine or marine waters; and
(e) whether the proposed use of the water is consistent with— (i) the SEQ regional plan; and (ii) any system operating plan applying to the plan area; and (iii) any regional water security program for the SEQ region; and
(i) the SEQ regional plan; and
(ii) any system operating plan applying to the plan area; and
(iii) any regional water security program for the SEQ region; and
(f) whether the proposed taking of or interfering with, or the proposed use of, the water is consistent with the ecological outcomes mentioned in section 11 ; and
(g) if the process in the resource operations plan for granting unallocated water includes a public auction, public ballot or public tender—the price offered under the process.
(i) the extent to which water is being taken under authorisations in the plan area; and
(ii) emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and
(iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
(i) water quality;
(ii) estuarine areas;
(iii) inundation of habitats;
(iv) the movement of fish and other aquatic species;
(v) the natural movement of sediment;
(vi) recreation and aesthetic values;
(vii) cultural values, including, for example, cultural values of traditional owners of the area; and
(i) have a direct adverse effect on groundwater; or
(ii) lead to degradation of land, downstream watercourses or estuarine or marine waters; and
(i) the SEQ regional plan; and
(ii) any system operating plan applying to the plan area; and
(iii) any regional water security program for the SEQ region; and
sec.23
Granting unallocated water from the general reserve
sec.23 Granting unallocated water from the general reserve
The chief executive may grant unallocated water from the general reserve under a process in the resource operations plan.
However, the chief executive—
may grant unallocated water from the general reserve only for the subcatchment areas mentioned in schedule 7 , column 1; and
must not grant unallocated water from the general reserve for a subcatchment area if, in granting the unallocated water, the total amount of unallocated water granted for the subcatchment area is more than the volume stated in schedule 7 , column 2, opposite the subcatchment area; and
must, in granting a water entitlement for unallocated water, state flow conditions that provide for the protection of low flows in watercourses.
(sec.23-ssec.1) The chief executive may grant unallocated water from the general reserve under a process in the resource operations plan.
(sec.23-ssec.2) However, the chief executive— may grant unallocated water from the general reserve only for the subcatchment areas mentioned in schedule 7 , column 1; and must not grant unallocated water from the general reserve for a subcatchment area if, in granting the unallocated water, the total amount of unallocated water granted for the subcatchment area is more than the volume stated in schedule 7 , column 2, opposite the subcatchment area; and must, in granting a water entitlement for unallocated water, state flow conditions that provide for the protection of low flows in watercourses.
(a) may grant unallocated water from the general reserve only for the subcatchment areas mentioned in schedule 7 , column 1; and
(b) must not grant unallocated water from the general reserve for a subcatchment area if, in granting the unallocated water, the total amount of unallocated water granted for the subcatchment area is more than the volume stated in schedule 7 , column 2, opposite the subcatchment area; and
(c) must, in granting a water entitlement for unallocated water, state flow conditions that provide for the protection of low flows in watercourses.
sec.24
Granting unallocated water from the strategic reserve
sec.24 Granting unallocated water from the strategic reserve
Unallocated water may be granted or reserved from the strategic reserve only—
for infrastructure for a project declared under the State Development and Public Works Organisation Act 1971 , section 26 , to be a significant project; or
for infrastructure identified for—
the SEQ regional plan; or
a regional water security program; or
under a process in the resource operations plan.
(a) for infrastructure for a project declared under the State Development and Public Works Organisation Act 1971 , section 26 , to be a significant project; or
(b) for infrastructure identified for— (i) the SEQ regional plan; or (ii) a regional water security program; or
(i) the SEQ regional plan; or
(ii) a regional water security program; or
(c) under a process in the resource operations plan.
(i) the SEQ regional plan; or
(ii) a regional water security program; or
pt.5-div.3
sec.25
Section sec.25
s 25 om 2014 SL No. 142 s 86
sec.26
Section sec.26
s 26 om 2014 SL No. 142 s 86
sec.27
Section sec.27
s 27 om 2014 SL No. 142 s 86
sec.28
Section sec.28
s 28 om 2014 SL No. 142 s 86
sec.29
Section sec.29
s 29 om 2014 SL No. 142 s 86
sec.30
Section sec.30
s 30 om 2014 SL No. 142 s 86
sec.31
Section sec.31
s 31 om 2014 SL No. 142 s 86
sec.32
Section sec.32
s 32 om 2014 SL No. 142 s 86
sec.33
Section sec.33
s 33 om 2014 SL No. 142 s 86
pt.5-div.4
Deciding operational and supply arrangements for water infrastructure
Deciding operational and supply arrangements for water infrastructure
sec.34
Section sec.34
s 34 sub 2008 Act No. 34 s 751 sch 2
om 2014 SL No. 142 s 88
sec.35
Matters chief executive must consider
sec.35 Matters chief executive must consider
In deciding the operating arrangements and supply requirements for water infrastructure under the resource operations licence for the Nerang water supply scheme, the chief executive must consider—
the impact of the infrastructure’s operation on the following—
the water allocation security objectives;
water quality;
instream water levels;
erosion of the bed and banks of watercourses;
riparian vegetation;
the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
recreation and aesthetic values of the plan area;
cultural values, including, for example, cultural values of the traditional owners of the area; and
the impact of the infrastructure on the movement of fish and other aquatic species; and
the impact of the transfer of water between watercourses; and
the likelihood of fish deaths caused by the operation of the infrastructure; and
the joint operation of all the infrastructure; and
any system operating plan applying to the plan area; and
any regional water security program for the SEQ region.
Subsection (1) does not limit the matters the chief executive may consider.
s 35 amd 2008 Act No. 34 s 751 sch 2 ; 2014 SL No. 142 s 89
(sec.35-ssec.1) In deciding the operating arrangements and supply requirements for water infrastructure under the resource operations licence for the Nerang water supply scheme, the chief executive must consider— the impact of the infrastructure’s operation on the following— the water allocation security objectives; water quality; instream water levels; erosion of the bed and banks of watercourses; riparian vegetation; the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; recreation and aesthetic values of the plan area; cultural values, including, for example, cultural values of the traditional owners of the area; and the impact of the infrastructure on the movement of fish and other aquatic species; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the joint operation of all the infrastructure; and any system operating plan applying to the plan area; and any regional water security program for the SEQ region.
(sec.35-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the impact of the infrastructure’s operation on the following— (i) the water allocation security objectives; (ii) water quality; (iii) instream water levels; (iv) erosion of the bed and banks of watercourses; (v) riparian vegetation; (vi) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; (vii) recreation and aesthetic values of the plan area; (viii) cultural values, including, for example, cultural values of the traditional owners of the area; and
(i) the water allocation security objectives;
(ii) water quality;
(iii) instream water levels;
(iv) erosion of the bed and banks of watercourses;
(v) riparian vegetation;
(vi) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
(vii) recreation and aesthetic values of the plan area;
(viii) cultural values, including, for example, cultural values of the traditional owners of the area; and
(b) the impact of the infrastructure on the movement of fish and other aquatic species; and
(c) the impact of the transfer of water between watercourses; and
(d) the likelihood of fish deaths caused by the operation of the infrastructure; and
(e) the joint operation of all the infrastructure; and
(f) any system operating plan applying to the plan area; and
(g) any regional water security program for the SEQ region.
(i) the water allocation security objectives;
(ii) water quality;
(iii) instream water levels;
(iv) erosion of the bed and banks of watercourses;
(v) riparian vegetation;
(vi) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
(vii) recreation and aesthetic values of the plan area;
(viii) cultural values, including, for example, cultural values of the traditional owners of the area; and
pt.5-div.5
Converting authorisations to water allocations
Converting authorisations to water allocations
sec.36
Application of div 5
sec.36 Application of div 5
This division applies only to water allocations converted, under the resource operations plan, from authorisations.
sec.37
Location for taking water
sec.37 Location for taking water
The location for taking water stated on a water allocation must include the place at which water could have been taken under the authorisation.
sec.38
Purpose to be stated on water allocation
sec.38 Purpose to be stated on water allocation
The purpose stated on a water allocation must be ‘any’.
sec.39
Section sec.39
s 39 om 2014 SL No. 142 s 90
sec.40
Section sec.40
s 40 om 2014 SL No. 142 s 90
sec.41
Elements of a water allocation to take unsupplemented water
sec.41 Elements of a water allocation to take unsupplemented water
A water allocation to take unsupplemented water must state—
the maximum rate at which water may be taken under the allocation; and
the annual volumetric limit for the allocation.
s 41 sub 2014 SL No. 142 s 91
(a) the maximum rate at which water may be taken under the allocation; and
(b) the annual volumetric limit for the allocation.
sec.42
Nominal volumes for water allocations to take unsupplemented water
sec.42 Nominal volumes for water allocations to take unsupplemented water
In deciding the nominal volume for a water allocation in a subcatchment area mentioned in schedule 8 , column 1, the chief executive—
must consider, for each authorisation—
the local availability of water; and
the conditions under which water may be taken under the authorisation; and
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
the simulated mean annual diversion for the authorisation; and
the efficiency of the use of the water mentioned in subparagraph (iii) ; and
must ensure—
the total of the nominal volumes for the water allocations, converted from authorisations that state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 2, for the area; and
the total of the nominal volumes for the water allocations, converted from authorisations that do not state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 3, for the area.
(a) must consider, for each authorisation— (i) the local availability of water; and (ii) the conditions under which water may be taken under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the simulated mean annual diversion for the authorisation; and (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
(i) the local availability of water; and
(ii) the conditions under which water may be taken under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
(iv) the simulated mean annual diversion for the authorisation; and
(v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
(b) must ensure— (i) the total of the nominal volumes for the water allocations, converted from authorisations that state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 2, for the area; and (ii) the total of the nominal volumes for the water allocations, converted from authorisations that do not state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 3, for the area.
(i) the total of the nominal volumes for the water allocations, converted from authorisations that state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 2, for the area; and
(ii) the total of the nominal volumes for the water allocations, converted from authorisations that do not state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 3, for the area.
(i) the local availability of water; and
(ii) the conditions under which water may be taken under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
(iv) the simulated mean annual diversion for the authorisation; and
(v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
(i) the total of the nominal volumes for the water allocations, converted from authorisations that state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 2, for the area; and
(ii) the total of the nominal volumes for the water allocations, converted from authorisations that do not state an area that may be irrigated, in the subcatchment area is not more than the volume stated in schedule 8 , column 3, for the area.
sec.43
Annual volumetric limit for taking unsupplemented water
sec.43 Annual volumetric limit for taking unsupplemented water
The annual volumetric limit for a water allocation to take unsupplemented water is—
if the authorisation states an annual volume of water—the stated volume; and
if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to—
the conditions under which water may be taken under the authorisation, including any stated area that may be irrigated and the volume of water required to irrigate the area efficiently; and
the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
the efficiency of the use of the water mentioned in subparagraph (iii) .
Subsection (1) (b) does not limit the matters the chief executive may consider.
(sec.43-ssec.1) The annual volumetric limit for a water allocation to take unsupplemented water is— if the authorisation states an annual volume of water—the stated volume; and if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the authorisation, including any stated area that may be irrigated and the volume of water required to irrigate the area efficiently; and the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and the efficiency of the use of the water mentioned in subparagraph (iii) .
(sec.43-ssec.2) Subsection (1) (b) does not limit the matters the chief executive may consider.
(a) if the authorisation states an annual volume of water—the stated volume; and
(b) if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the authorisation, including any stated area that may be irrigated and the volume of water required to irrigate the area efficiently; and (ii) the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
(i) the conditions under which water may be taken under the authorisation, including any stated area that may be irrigated and the volume of water required to irrigate the area efficiently; and
(ii) the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
(i) the conditions under which water may be taken under the authorisation, including any stated area that may be irrigated and the volume of water required to irrigate the area efficiently; and
(ii) the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
sec.44
Section sec.44
s 44 om 2014 SL No. 142 s 92
sec.45
Maximum rates for taking unsupplemented water
sec.45 Maximum rates for taking unsupplemented water
The maximum rate at which unsupplemented water may be taken under a water allocation is—
if the authorisation states a maximum rate—the stated rate; and
if the authorisation does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 9 , column 1—
if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to—
the conditions under which water may be taken under the authorisation; and
the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
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; and
the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 9 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and
if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to—
the nature of the authorisation; and
an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
(a) if the authorisation states a maximum rate—the stated rate; and
(b) if the authorisation does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 9 , column 1— (i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken under the authorisation; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (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; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or (ii) otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
(i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken under the authorisation; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (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; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
(A) the conditions under which water may be taken under the authorisation; and
(B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
(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; and
(D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
(ii) otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
(c) if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 9 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and
(d) if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to— (i) the nature of the authorisation; and (ii) an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
(i) the nature of the authorisation; and
(ii) an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
(i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 9 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken under the authorisation; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (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; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
(A) the conditions under which water may be taken under the authorisation; and
(B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
(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; and
(D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
(ii) otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
(A) the conditions under which water may be taken under the authorisation; and
(B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
(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; and
(D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
(i) the nature of the authorisation; and
(ii) an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
sec.46
Conditions for water allocations to take unsupplemented water
sec.46 Conditions for water allocations to take unsupplemented water
In deciding the conditions under which water may be taken under a water allocation to take unsupplemented water, the chief executive must consider the conditions stated on the authorisation.
pt.5-div.6
Authorisations to take unsupplemented water
Authorisations to take unsupplemented water
sec.47
Amending water licences to take unsupplemented water
sec.47 Amending water licences to take unsupplemented water
This section applies to a water licence to take unsupplemented water in force on the commencement of this plan.
The licence may be amended under a process in the resource operations plan to state the following—
the purpose for which water may be taken under the licence;
the annual volumetric limit for the licence;
the maximum rate at which water may be taken under the licence;
the flow conditions for the licence.
(sec.47-ssec.1) This section applies to a water licence to take unsupplemented water in force on the commencement of this plan.
(sec.47-ssec.2) The licence may be amended under a process in the resource operations plan to state the following— the purpose for which water may be taken under the licence; the annual volumetric limit for the licence; the maximum rate at which water may be taken under the licence; the flow conditions for the licence.
(a) the purpose for which water may be taken under the licence;
(b) the annual volumetric limit for the licence;
(c) the maximum rate at which water may be taken under the licence;
(d) the flow conditions for the licence.
sec.48
Annual volumetric limit for taking unsupplemented water
sec.48 Annual volumetric limit for taking unsupplemented water
This section states the annual volumetric limit for an authorisation to take unsupplemented water in force on the commencement of this plan.
The annual volumetric limit is—
for an authorisation that states a volume of water that may be taken in a period of 12 months—the stated volume; and
for an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to—
the volume of water required to irrigate the area efficiently; and
the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement; and
the efficiency of the use of the water mentioned in subparagraph (iii) ; and
the flow conditions under which water may be taken under the authorisation; and
the local availability of water; and
for another authorisation—the volume decided by the chief executive having regard to—
the conditions under which water may be taken under the authorisation; and
the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
the efficiency of the use of the water mentioned in subparagraph (iii) .
In deciding the volume for subsection (2) (b) , the chief executive must ensure the sum of the annual volumetric limits for all authorisations converted from authorisations that state an area that may be irrigated in a subcatchment area is not more than the volume stated in schedule 8 , column 2, opposite the subcatchment area in column 1 of the schedule.
In deciding the volume for subsection (2) (c) , the chief executive must ensure the sum of the annual volumetric limits for all authorisations converted from authorisations that do not state an area that may be irrigated in a subcatchment area is not more than the volume stated in schedule 8 , column 3, opposite the subcatchment area in column 1 of the schedule.
Subsection (2) (b) and (c) do not limit the matters the chief executive may consider.
(sec.48-ssec.1) This section states the annual volumetric limit for an authorisation to take unsupplemented water in force on the commencement of this plan.
(sec.48-ssec.2) The annual volumetric limit is— for an authorisation that states a volume of water that may be taken in a period of 12 months—the stated volume; and for an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to— the volume of water required to irrigate the area efficiently; and the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement; and the efficiency of the use of the water mentioned in subparagraph (iii) ; and the flow conditions under which water may be taken under the authorisation; and the local availability of water; and for another authorisation—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the authorisation; and the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and the efficiency of the use of the water mentioned in subparagraph (iii) .
(sec.48-ssec.3) In deciding the volume for subsection (2) (b) , the chief executive must ensure the sum of the annual volumetric limits for all authorisations converted from authorisations that state an area that may be irrigated in a subcatchment area is not more than the volume stated in schedule 8 , column 2, opposite the subcatchment area in column 1 of the schedule.
(sec.48-ssec.4) In deciding the volume for subsection (2) (c) , the chief executive must ensure the sum of the annual volumetric limits for all authorisations converted from authorisations that do not state an area that may be irrigated in a subcatchment area is not more than the volume stated in schedule 8 , column 3, opposite the subcatchment area in column 1 of the schedule.
(sec.48-ssec.5) Subsection (2) (b) and (c) do not limit the matters the chief executive may consider.
(a) for an authorisation that states a volume of water that may be taken in a period of 12 months—the stated volume; and
(b) for an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to— (i) the volume of water required to irrigate the area efficiently; and (ii) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) ; and (v) the flow conditions under which water may be taken under the authorisation; and (vi) the local availability of water; and
(i) the volume of water required to irrigate the area efficiently; and
(ii) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement; and
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
(v) the flow conditions under which water may be taken under the authorisation; and
(vi) the local availability of water; and
(c) for another authorisation—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the authorisation; and (ii) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
(i) the conditions under which water may be taken under the authorisation; and
(ii) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
(i) the volume of water required to irrigate the area efficiently; and
(ii) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement; and
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
(v) the flow conditions under which water may be taken under the authorisation; and
(vi) the local availability of water; and
(i) the conditions under which water may be taken under the authorisation; and
(ii) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
(iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
(iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
sec.49
Maximum rates for taking unsupplemented water
sec.49 Maximum rates for taking unsupplemented water
The maximum rate at which unsupplemented water may be taken under a water licence mentioned in section 47 (1) is the maximum rate mentioned in section 45 or decided by the chief executive under that section as if the water licence were a water allocation.
s 49 sub 2014 SL No. 142 s 93
pt.5-div.7
sec.50
Section sec.50
s 50 om 2014 SL No. 142 s 94
sec.51
Section sec.51
s 51 om 2014 SL No. 142 s 94
pt.5-div.8
Miscellaneous
Miscellaneous
sec.52
Releasing water through fish ways
sec.52 Releasing water through fish ways
If water to which this plan applies can be released from a dam or weir through fish ways, the environmental management rules under the resource operations plan must provide for the release.
sec.53
Section sec.53
s 53 om 2014 SL No. 142 s 95
pt.6
Monitoring and reporting requirements
Monitoring and reporting requirements
sec.54
Monitoring and reporting requirements
sec.54 Monitoring and reporting requirements
To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the resource operations plan must state—
the monitoring requirements for water and natural ecosystems for this plan; and
the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.
s 54 sub 2014 SL No. 142 s 96
(sec.54-ssec.1) To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the resource operations plan must state— the monitoring requirements for water and natural ecosystems for this plan; and the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
(sec.54-ssec.2) Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.
(a) the monitoring requirements for water and natural ecosystems for this plan; and
(b) the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
sec.55
Section sec.55
s 55 sub 2014 SL No. 142 s 96
om 2016 SL No. 216 s 146 sch 20
sec.56
Section sec.56
s 56 om 2014 SL No. 142 s 96
sec.57
Section sec.57
s 57 om 2014 SL No. 142 s 96
pt.7
Implementing and amending this plan
Implementing and amending this plan
sec.58
Priorities for converting to, or granting, water allocations
sec.58 Priorities for converting to, or granting, water allocations
Each area described in schedule 10 is a priority area for this plan for the conversion to, or granting of, water allocations to take water in the plan area.
sec.59
Implementation schedule
sec.59 Implementation schedule
This section states—
the proposed arrangements for implementing this plan; and
the priorities for the conversion to, or granting of, water allocations.
Within 2 years after the commencement of this plan, it is proposed to prepare a resource operations plan—
to convert authorisations in priority area 1 to water allocations; and
to deal with unallocated water available for future water requirements in the plan area; and
to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 1; and
to implement the monitoring requirements in part 6 .
Within 4 years after the commencement, it is proposed to amend the resource operations plan—
to convert authorisations in priority area 2 to water allocations; and
to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 2.
It is proposed to make a system operating plan that will apply to the plan area and, to the extent to which it applies to water entitlements in the Nerang water supply scheme, will state additional arrangements for taking water under the water entitlements.
See section 360V (Commission to make system operating plan for region) of the Act .
Subsections (2) and (3) do not limit the matters that may be included in the resource operations plan.
(sec.59-ssec.1) This section states— the proposed arrangements for implementing this plan; and the priorities for the conversion to, or granting of, water allocations.
(sec.59-ssec.2) Within 2 years after the commencement of this plan, it is proposed to prepare a resource operations plan— to convert authorisations in priority area 1 to water allocations; and to deal with unallocated water available for future water requirements in the plan area; and to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 1; and to implement the monitoring requirements in part 6 .
(sec.59-ssec.3) Within 4 years after the commencement, it is proposed to amend the resource operations plan— to convert authorisations in priority area 2 to water allocations; and to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 2.
(sec.59-ssec.4) It is proposed to make a system operating plan that will apply to the plan area and, to the extent to which it applies to water entitlements in the Nerang water supply scheme, will state additional arrangements for taking water under the water entitlements. See section 360V (Commission to make system operating plan for region) of the Act .
(sec.59-ssec.5) Subsections (2) and (3) do not limit the matters that may be included in the resource operations plan.
(a) the proposed arrangements for implementing this plan; and
(b) the priorities for the conversion to, or granting of, water allocations.
(a) to convert authorisations in priority area 1 to water allocations; and
(b) to deal with unallocated water available for future water requirements in the plan area; and
(c) to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 1; and
(d) to implement the monitoring requirements in part 6 .
(a) to convert authorisations in priority area 2 to water allocations; and
(b) to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules for water in priority area 2.
sec.60
Minor or stated amendment of plan— Act , s 57
sec.60 Minor or stated amendment of plan— Act , s 57
The following types of amendment may be made to this plan under section 57 (b) of the Act —
an amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ;
an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ;
an amendment or addition of a priority area;
an amendment or addition of a node;
an amendment or addition of a priority group;
an amendment or addition of a water allocation group;
an amendment to subdivide a subcatchment area or amalgamate subcatchment areas;
an amendment to subdivide a volume, or amalgamate volumes, stated in schedule 8 ;
an amendment or addition of a monitoring or reporting requirement under part 6 .
(a) an amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ;
(b) an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ;
(c) an amendment or addition of a priority area;
(d) an amendment or addition of a node;
(e) an amendment or addition of a priority group;
(f) an amendment or addition of a water allocation group;
(g) an amendment to subdivide a subcatchment area or amalgamate subcatchment areas;
(h) an amendment to subdivide a volume, or amalgamate volumes, stated in schedule 8 ;
(i) an amendment or addition of a monitoring or reporting requirement under part 6 .
sec.61
Amending or replacing plan
sec.61 Amending or replacing plan
The Minister must consider amending this plan or preparing a new plan to replace this plan if the Minister is satisfied—
in relation to the outcomes mentioned in part 3 —
water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to—
the extent to which water is being taken under the water entitlements; and
the efficiency of present, and expected future, water use; and
emerging requirements for additional water; and
alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
the likely timeframe in which additional water will be required; and
there are economically viable and ecologically sustainable uses for additional water; or
the plan’s ecological outcomes are not being achieved; or
the plan is inconsistent with the SEQ regional plan.
(a) in relation to the outcomes mentioned in part 3 — (i) water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to— (A) the extent to which water is being taken under the water entitlements; and (B) the efficiency of present, and expected future, water use; and (C) emerging requirements for additional water; and (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and (E) the likely timeframe in which additional water will be required; and (ii) there are economically viable and ecologically sustainable uses for additional water; or
(i) water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to— (A) the extent to which water is being taken under the water entitlements; and (B) the efficiency of present, and expected future, water use; and (C) emerging requirements for additional water; and (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and (E) the likely timeframe in which additional water will be required; and
(A) the extent to which water is being taken under the water entitlements; and
(B) the efficiency of present, and expected future, water use; and
(C) emerging requirements for additional water; and
(D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
(E) the likely timeframe in which additional water will be required; and
(ii) there are economically viable and ecologically sustainable uses for additional water; or
(b) the plan’s ecological outcomes are not being achieved; or
(c) the plan is inconsistent with the SEQ regional plan.
(i) water entitlements in the plan area are not sufficient to meet water needs sourced from the plan area having regard to— (A) the extent to which water is being taken under the water entitlements; and (B) the efficiency of present, and expected future, water use; and (C) emerging requirements for additional water; and (D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and (E) the likely timeframe in which additional water will be required; and
(A) the extent to which water is being taken under the water entitlements; and
(B) the efficiency of present, and expected future, water use; and
(C) emerging requirements for additional water; and
(D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
(E) the likely timeframe in which additional water will be required; and
(ii) there are economically viable and ecologically sustainable uses for additional water; or
(A) the extent to which water is being taken under the water entitlements; and
(B) the efficiency of present, and expected future, water use; and
(C) emerging requirements for additional water; and
(D) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
(E) the likely timeframe in which additional water will be required; and
sch.5-pt.1
Low flow objectives
Low flow objectives
sch.5-sec
Table 1
sch.5-sec Table 1
At each node mentioned in table 1, column 1, the 50% daily flow for the pre-development flow pattern for a water flow season is stated in column 2 of the table.
Column 1
Column 2
Node
50% daily flow in megalitres
Feb–April water flow season
May–July water flow season
Aug–Nov water flow season
Dec-Jan water flow season
A
241
164
60
83
B
49
29
11
17
C
334
123
40
126
D
88
33
13
32
E
59
29
12
21
F
21
9
2
7
G
78
33
14
30
H
57
37
17
25
At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 50% daily flow for the plan scenario flow pattern stated for the water flow season in table 1 is equalled or exceeded, be at least the percentage stated in column 2 of the table for the water flow season.
Column 1
Column 2
Node
Feb–April water flow season
May–July water flow season
Aug–Nov water flow season
Dec-Jan water flow season
A
33
32
28
33
B
16
7
36
40
C
30
26
23
30
D
46
44
36
41
E
47
47
46
47
F
42
43
30
41
G
29
28
32
31
H
46
47
43
46
At each node mentioned in table 3, column 1, the 90% daily flow for the pre-development flow pattern for a water flow season is stated in column 2 of the table.
Column 1
Column 2
Node
90% daily flow in megalitres
Feb–April water flow season
May–July water flow season
Aug–Nov water flow season
Dec-Jan water flow season
A
33
41
7
5
B
7
7
1
1
C
39
20
4
6
D
13
7
2
3
E
12
9
3
3
F
2
1
0
0
G
13
10
2
2
H
11
10
0
0
At each node mentioned in table 4, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 90% daily flow for the plan scenario flow pattern stated for the water flow season in table 3 is equalled or exceeded, be at least the percentage stated in column 2 of the table for the water flow season.
Column 1
Column 2
Node
Feb–April water flow season
May–July water flow season
Aug–Nov water flow season
Dec-Jan water flow season
A
76
69
71
74
B
79
75
58
57
C
67
59
52
63
D
79
75
57
63
E
86
88
87
84
F
78
66
41
60
G
78
75
68
74
H
85
84
79
76
At each node mentioned in table 5, column 1, the percentage of the total number of days in the simulation period on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2 of the table.
Column 1
Column 2
Node
Minimum-maximum percentage
A
2–13
B
6–30
C
2–11
D
3–24
E
1–7
F
15–36
G
3–14
H
6–18
At each node mentioned in table 6, column 1, minimise the extent to which—
the number of periods of no flow of at least 1 month but less than 3 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 2 of the table; and
the number of periods of no flow of at least 3 months but less than 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 3 of the table; and
the number of periods of no flow of at least 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 4 of the table.
Column 1
Column 2
Column 3
Column 4
Node
Minimum-maximum
Minimum-maximum
Minimum-maximum
A
0–9
0–0
0–0
B
3–90
0–16
0–5
C
0–4
0–0
0–0
D
2–64
—
—
E
0–0
—
—
F
7–85
0–14
0–2
G
1–21
0–2
0–0
H
5–40
—
—
(sch.5-sec-ssec.1) At each node mentioned in table 1, column 1, the 50% daily flow for the pre-development flow pattern for a water flow season is stated in column 2 of the table. Column 1 Column 2 Node 50% daily flow in megalitres Feb–April water flow season May–July water flow season Aug–Nov water flow season Dec-Jan water flow season A 241 164 60 83 B 49 29 11 17 C 334 123 40 126 D 88 33 13 32 E 59 29 12 21 F 21 9 2 7 G 78 33 14 30 H 57 37 17 25
(sch.5-sec-ssec.2) At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 50% daily flow for the plan scenario flow pattern stated for the water flow season in table 1 is equalled or exceeded, be at least the percentage stated in column 2 of the table for the water flow season. Column 1 Column 2 Node Feb–April water flow season May–July water flow season Aug–Nov water flow season Dec-Jan water flow season A 33 32 28 33 B 16 7 36 40 C 30 26 23 30 D 46 44 36 41 E 47 47 46 47 F 42 43 30 41 G 29 28 32 31 H 46 47 43 46
(sch.5-sec-ssec.3) At each node mentioned in table 3, column 1, the 90% daily flow for the pre-development flow pattern for a water flow season is stated in column 2 of the table. Column 1 Column 2 Node 90% daily flow in megalitres Feb–April water flow season May–July water flow season Aug–Nov water flow season Dec-Jan water flow season A 33 41 7 5 B 7 7 1 1 C 39 20 4 6 D 13 7 2 3 E 12 9 3 3 F 2 1 0 0 G 13 10 2 2 H 11 10 0 0
(sch.5-sec-ssec.4) At each node mentioned in table 4, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 90% daily flow for the plan scenario flow pattern stated for the water flow season in table 3 is equalled or exceeded, be at least the percentage stated in column 2 of the table for the water flow season. Column 1 Column 2 Node Feb–April water flow season May–July water flow season Aug–Nov water flow season Dec-Jan water flow season A 76 69 71 74 B 79 75 58 57 C 67 59 52 63 D 79 75 57 63 E 86 88 87 84 F 78 66 41 60 G 78 75 68 74 H 85 84 79 76
(sch.5-sec-ssec.5) At each node mentioned in table 5, column 1, the percentage of the total number of days in the simulation period on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2 of the table. Column 1 Column 2 Node Minimum-maximum percentage A 2–13 B 6–30 C 2–11 D 3–24 E 1–7 F 15–36 G 3–14 H 6–18
(sch.5-sec-ssec.6) At each node mentioned in table 6, column 1, minimise the extent to which— the number of periods of no flow of at least 1 month but less than 3 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 2 of the table; and the number of periods of no flow of at least 3 months but less than 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 3 of the table; and the number of periods of no flow of at least 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 4 of the table. Column 1 Column 2 Column 3 Column 4 Node Minimum-maximum Minimum-maximum Minimum-maximum A 0–9 0–0 0–0 B 3–90 0–16 0–5 C 0–4 0–0 0–0 D 2–64 — — E 0–0 — — F 7–85 0–14 0–2 G 1–21 0–2 0–0 H 5–40 — —
(a) the number of periods of no flow of at least 1 month but less than 3 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 2 of the table; and
(b) the number of periods of no flow of at least 3 months but less than 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 3 of the table; and
(c) the number of periods of no flow of at least 6 months in the simulation period is less than the minimum or more than the maximum number stated for the node in column 4 of the table.
sch.5-pt.2
Medium to high flow objectives
Medium to high flow objectives
sch.5-pt.3
Seasonal flow objectives
Seasonal flow objectives
sch.6-pt.1
Supplemented water
Supplemented water
sch.6-pt.2
Unsupplemented water
Unsupplemented water
sch.6-sec
Table 1
sch.6-sec Table 1
For water allocations, converted from authorisations that stated an area that may be irrigated, for taking unsupplemented water in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index be at least the percentage stated for the subcatchment area in column 2 of the table.
Column 1
Column 2
Subcatchment area
70% unsupplemented water sharing index—percentage
2
85
3
85
4
86
5
81
6
78
7
65
8
79
For water allocations, converted from authorisations that did not state an area that may be irrigated, for taking unsupplemented water in a subcatchment area mentioned in table 2, column 1, the 70% unsupplemented water sharing index be at least the percentage stated, for the subcatchment area, in column 2 of the table.
Column 1
Column 2
Subcatchment area
70% unsupplemented water sharing index—percentage
2
94
3
95
4
95
5
95
6
95
7
90
8
95
(sch.6-sec-ssec.1) For water allocations, converted from authorisations that stated an area that may be irrigated, for taking unsupplemented water in a subcatchment area mentioned in table 1, column 1, the 70% unsupplemented water sharing index be at least the percentage stated for the subcatchment area in column 2 of the table. Column 1 Column 2 Subcatchment area 70% unsupplemented water sharing index—percentage 2 85 3 85 4 86 5 81 6 78 7 65 8 79
(sch.6-sec-ssec.2) For water allocations, converted from authorisations that did not state an area that may be irrigated, for taking unsupplemented water in a subcatchment area mentioned in table 2, column 1, the 70% unsupplemented water sharing index be at least the percentage stated, for the subcatchment area, in column 2 of the table. Column 1 Column 2 Subcatchment area 70% unsupplemented water sharing index—percentage 2 94 3 95 4 95 5 95 6 95 7 90 8 95
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This water plan may be cited as the Water Plan (Gold Coast) 2006 .
s 1 sub 2014 Act No. 64 s 255 sch 2
sec.2 Purposes of plan
sec.2 Purposes of plan
The following are the purposes of this plan—
to define the availability of water in the plan area;
to provide a framework for sustainably managing water and the taking of water;
to identify priorities and mechanisms for dealing with future water requirements;
to provide a framework for establishing water allocations;
to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems.
(a) to define the availability of water in the plan area;
(b) to provide a framework for sustainably managing water and the taking of water;
(c) to identify priorities and mechanisms for dealing with future water requirements;
(d) to provide a framework for establishing water allocations;
(e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 11 defines particular words used in this plan.
pt.2 Plan area and water to which plan applies
Plan area and water to which plan applies
sec.4 Plan area
sec.4 Plan area
This plan applies to the area shown as the plan area on the map in schedule 1 .
sec.5 Subcatchment areas
sec.5 Subcatchment areas
Each part of the plan area that is within a subcatchment area shown on the map in schedule 2 , and named in schedule 3 , is a subcatchment area for this plan.
sec.6 Information about areas
sec.6 Information about areas
The exact location of the plan area and subcatchment area boundaries is held in digital electronic form by the department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
(sec.6-ssec.1) The exact location of the plan area and subcatchment area boundaries is held in digital electronic form by the department.
(sec.6-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
sec.7 Nodes
sec.7 Nodes
A node mentioned in this plan is a place—
on a watercourse in the plan area; and
for which environmental flow objectives are set for performance indicators.
The location of each node is shown on the map in schedule 1 and described in schedule 4 .
Each node is identified on the map by a letter of the alphabet.
(sec.7-ssec.1) A node mentioned in this plan is a place— on a watercourse in the plan area; and for which environmental flow objectives are set for performance indicators.
(sec.7-ssec.2) The location of each node is shown on the map in schedule 1 and described in schedule 4 .
(sec.7-ssec.3) Each node is identified on the map by a letter of the alphabet.
requires use of the IQQM simulation for assessing consistency with objectives or an alternative method approved by the chief executive if proven as accurate (s 18);
creates mechanisms for holding unallocated water as general and strategic reserves and prescribes the purposes, eligible processes and caps for grants from those reserves (ss 21-24, schedule 7);
prescribes rules for converting authorisations to water allocations and for amending in-force licences to align with allocation rules, including mandatory elements of allocations,location, purpose, maximum rate and annual volumetric limits,and the chief executive’s considerations when setting nominal and annual volumes and maximum rates (Div 5, ss 36-49, schedule 8, schedule 9);
requires monitoring and reporting frameworks to be stated in the resource operations plan to assist the Minister’s assessment of whether the plan’s outcomes are being achieved (s 54, Part 6);
sets an implementation timetable and priorities for conversion and rule-making (s 59), and allows for minor or stated amendments to the plan without full replacement under specified criteria (s 60), while giving the Minister a duty to consider amendment or replacement where key triggers are met (s 61).
The plan does not itself set operational rules for every activity; instead it delegates many detailed processes and operative measures to the resource operations plan and resource operations licences, which must implement monitoring, reporting, environmental management rules, water sharing rules and the like (s 54, s 59). Several schedules attached to the plan (schedules 5, 6, 7, 8, 9 and others) contain numerical caps, seasonally apportioned flow volumes, indices and subcatchment-specific percentages that convert the plan’s outcomes into measurable targets.
The chief executive is given repeated decision-making discretions and mandatory constraints. For example, the chief executive must not make a decision that increases the average volume of water available to be taken in the plan area, subject to exceptions for unallocated water processes and water permits (s 19). Decisions about allocation and management (except water permits) must be consistent with the plan’s environmental flow and allocation security objectives (s 17). The plan therefore functions as a statutory allocation and environmental performance overlay, delegating detailed implementation to the resource operations plan and to decision-makers charged with achieving the stated outcomes and numeric targets.
Main concepts
The plan builds on several interlocking concepts that determine how water is managed in the plan area. These concepts, and the statutory mechanics the plan uses to give them effect, are set out below with their statutory anchors.
Nodes and objectives
Nodes are discrete places on watercourses for which environmental flow objectives are set (s 7). Each node is mapped and listed (schedule 4) and is the unit for many of the schedule 5 low-flow and other objectives.
Environmental flow objectives are stated in schedule 5 (s 13) and are assessed against performance indicators in s 12 (for low flow, medium/high flows and seasonal flow patterns).
Performance indicators
For environmental flow objectives the plan prescribes specific performance indicators: 50% and 90% daily flows, daily flow < 1 ML, counts of no-flow periods in duration bands, mean annual flow and multi-year daily flow volumes, flow regime class and annual proportional flow deviation (s 12). These convert ecological outcomes into measurable simulation outputs.
For allocation security the plan uses a monthly supplemented water sharing index for supplemented water and a 70% unsupplemented water sharing index for unsupplemented water (s 14, schedule 6).
Supplemented versus unsupplemented water
The plan distinguishes supplemented water (water provided from supply infrastructure) and unsupplemented water (flows taken directly from watercourses). The performance indicators and security objectives differ for each class (s 14, schedule 6). Schedule 6 specifies minimum percentages for the 70% unsupplemented sharing index by subcatchment and by whether allocations were converted from authorisations that stated an irrigated area.
Unallocated water, general and strategic reserves
Unallocated water is held as general or strategic reserve (s 21). The chief executive must follow the resource operations plan’s process for granting unallocated water from the general reserve, but only for certain subcatchments and up to capped volumes stated in schedule 7; when granting a water entitlement for unallocated water the chief executive must state flow conditions for low-flow protection (s 23).
Strategic reserve release is limited to infrastructure for declared significant projects under the State Development and Public Works Organisation Act 1971 s 26, infrastructure identified in the SEQ regional plan or regional water security programs, or under processes in the resource operations plan (s 24).
Conversion of authorisations and licence amendment
The plan governs conversion of authorisations to water allocations under the resource operations plan (Div 5). Converted allocations must specify location, maximum rates, and annual volumetric limits; purpose for converted allocations is mandated to be ‘any’ (ss 36-38, s 41).
When deciding nominal volumes and annual volumetric limits, the chief executive must consider historical estimated use (up to 10 years), simulated mean annual diversions, local availability, conditions on the authorisation, water-taking capacity and efficiency (ss 42-43, s 48). The sum of nominal/annual volumes must not exceed caps in schedule 8 for subcatchments (ss 42, 48).
Decision assessment tools
The IQQM computer model’s simulation for the simulation period must be used to assess consistency with objectives; if impracticable an alternative assessment method may be approved by the chief executive only if it is at least as accurate as IQQM (s 18). This ties decision-making to a specific hydrological modelling approach unless a suitable alternative is validated.
Operational arrangements and infrastructure
The chief executive must consider a broad list of impacts when deciding operating arrangements for the Nerang water supply scheme’s resource operations licence: allocation security objectives, water quality, instream levels, bank erosion, riparian vegetation, artificial variations and their ecological effects, recreation and cultural values, fish movements and potential fish deaths, joint operation, system operating plans and regional water security programs (s 35).
Monitoring and reporting
The resource operations plan must state monitoring and reporting requirements for water and natural ecosystems and for infrastructure operators, to assist the Minister’s assessment of strategy effectiveness (s 54). The plan leaves the detail to the resource operations plan but requires these be included.
Statutory constraints and priorities
Decision-makers are constrained by environmental and allocation security objectives (s 17), by prohibitions on increasing average available volumes (s 19), by capped releases from general reserves (s 23) and by schedule-defined numeric targets that must be achieved or balanced (schedules 5-9). The plan also sets priority areas for conversion and an implementation timetable (s 58-59).
Interplay with other statutory instruments
The plan explicitly requires regard to and consistency with other instruments: the SEQ regional plan (s 10, s 22, s 24, s 61), environmental protection policy for water and wetland biodiversity (s 11, s 22), State Development and Public Works Organisation Act (s 24), resource operations plan and system operating plan provisions (s 59, s 35).
In short, the main concepts translate ecological and supply security desiderata into measurable hydrological performance indicators, allocate unallocated water under reserve rules, convert existing authorisations into allocations with quantified limits, and vest assessment, allocation and operational discretion principally in the chief executive supported by model-based simulation (IQQM) and subordinate plans (resource operations plan, system operating plan).
Who it affects
The plan establishes roles, obligations and rights that affect a defined set of parties; these are described below with the statutory references that create or constrain those relationships.
Decision-makers and administrators
The chief executive is the central decision-maker. The plan confers duties and discretions on the chief executive for assessing consistency with objectives (s 18), for deciding allocation and conversion matters (ss 16-19, 21-24, 36-49), and for approving alternative assessment methods to IQQM (s 18(2)-(3)). The chief executive must not make decisions that would increase the average volume available to be taken in the plan area, subject to limited exceptions (s 19).
The Minister has a statutory monitoring and oversight role. The resource operations plan must provide monitoring and reporting to help the Minister assess whether strategies are effective (s 54). The Minister must consider amending or replacing the plan when triggers in s 61 are met.
Existing water users and authorisation holders
Holders of water licences and authorisations in force on commencement are directly affected because authorisations may be converted to water allocations, and existing licences can be amended under resource operations plan processes to state purpose, annual volumetric limit, maximum rate and flow conditions (ss 36, 47). The conversion and amendment processes can alter the parameters under which these holders may take water (ss 41-49).
Applicants for new authorisations, and persons seeking to take unallocated water, are affected by the rules governing the general and strategic reserves (ss 21-24, schedule 7). Grants from the general reserve are limited to specified subcatchments and capped volumes (s 23); strategic reserve release is limited to defined infrastructure and planning purposes (s 24).
Operators of infrastructure
Operators of dams, weirs and other structures that interfere with water are affected by operating arrangement decisions (s 35) and by monitoring and reporting requirements that the resource operations plan must state (s 54). The plan specifically requires environmental management rules to provide for release through fishways if water can be released through fisheries structures (s 52).
Local government, government agencies and the water grid manager
Section 16 expressly excludes from Div 1 certain decisions: those to grant water entitlements to local government, government agencies or the water grid manager for continued taking or interfering with water (s 16(1)(b)). That exclusion signals that particular allocation decisions for these public entities are handled under other provisions or are otherwise carved out.
Traditional owners and cultural stakeholders
The plan requires that general outcomes allow water-related cultural use by traditional owners (s 10(h)). When taking from waterholes or lakes, the chief executive must impose or be satisfied of conditions preserving cultural and environmental values and must consider cultural values in the decision (s 20). Cultural values are also part of the list of matters the chief executive must consider in allocation and reserve decisions (s 22) and when deciding operation of infrastructure (s 35).
Environment and ecological assets
Although not a party that “acts”, statutory protection of ecological assets and natural ecosystems is central: ecological outcomes (s 11), environmental flow objectives (s 13 and schedule 5) and required consideration of effects on water quality, fish movement, habitat inundation and sediment movement (s 20, s 22, s 35) embed protection of ecological values in allocation and operational decisions.
Project proponents and infrastructure developers
Projects seeking access to strategic reserve water must be either declared significant under the State Development and Public Works Organisation Act s 26, be identified in the SEQ regional plan or regional water security program, or go through a resource operations plan process (s 24). That ties major infrastructure proponents to cross-instrument approval paths.
Who pays and bears compliance burden
The plan places procedural and evidential burdens on applicants and existing holders: conversion and grant decisions require consideration of up to 10 years of estimated extraction, pump and works capacities, irrigation efficiency and evidence of alternative supplies (ss 42-43, s 48, s 45). Infrastructure operators must meet monitoring and reporting obligations stated in the resource operations plan (s 54). The plan itself does not specify fees or explicit cost-recovery mechanisms in the text provided; however it delegates detailed procedural rules to the resource operations plan and resource operations licences where practical compliance costs and reporting regimes will be specified.
Who decides
Statutory decision-makers are the chief executive (broad allocation and conversion discretion), the Minister (strategic oversight, amendment triggers in s 61) and the resource operations plan process which operationalises detail. The plan both constrains and empowers the chief executive by prescribing objectives, indicators and caps that must be applied when making allocation and operational choices (see ss 17, 18, 19, 22, 23, 35, 42-49).
In sum, the plan materially affects existing and prospective water users in the Gold Coast plan area, infrastructure operators, project proponents seeking strategic reserve water, traditional owners and the administrative agencies charged with implementing water operations and monitoring. The chief executive is the key decision-maker; affected parties must supply historic use data, technical pump and works specifications, and other evidence that the plan requires to be considered when allocations or conversions are determined.
Key duties and rights
The plan creates a set of duties on decision-makers, process rights for applicants and holders, and obligations for infrastructure operators. These are identified below with their statutory bases.
Chief executive: duties, constraints and discretions
Duty to ensure decisions (other than water permits) are consistent with environmental flow objectives and water allocation security objectives (s 17). This imposes a legal constraint binding allocation and management choices.
Duty to use the IQQM computer program simulation for assessing consistency with objectives unless impracticable, and power to approve an alternative method only if it assesses consistency at least as accurately as IQQM (s 18). This creates a technical gate on acceptable assessment methods.
Duty not to make any decision that would increase the average volume of water available to be taken in the plan area, with two defined exceptions (s 19(1)-(2)). This is a volumetric ceiling on discretionary expansion of take.
Duty to consider a specified list of matters when dealing with unallocated water, including need, efficiency, alternative sources, likely timeframes, impacts on water quality and ecosystems, consistency with SEQ regional plan and system operating plans, and, where public processes are used, the price offered (s 22).
Power to grant unallocated water from the general reserve only for subcatchments listed in schedule 7 and not to exceed schedule 7 volume caps; must state flow conditions protecting low flows in grants (s 23).
Power to reserve or grant strategic reserve water only for defined public‑interest infrastructure or via resource operations plan processes (s 24).
Duty to consider a broad range of impacts when deciding operating arrangements for specified infrastructure (s 35).
Duty to set nominal and annual volumetric limits and maximum rates for converted allocations taking into account historical estimated use, simulated diversions, local availability, works capacity and efficiency, and schedule caps (ss 42-45, 48, and schedule 8 and 9).
Minister: duties and triggers
Duty to consider amending or replacing the plan if statutory triggers are met: insufficient entitlements to meet needs, ecological outcomes not being achieved, or inconsistency with the SEQ regional plan; the plan lists the matters the Minister must take into account (s 61).
The resource operations plan must provide monitoring and reporting to inform the Minister’s assessment (s 54).
Rights and processes for water users and applicants
Holders of in-force water licences may have those licences amended under resource operations plan processes to state purpose, annual volumetric limit, maximum rate and flow conditions (s 47).
When authorisations are converted to water allocations, the location must include the place where water could have been taken under the authorisation and the purpose on allocations must be ‘any’ (ss 37-38).
Applicants for unallocated water from the general reserve can only obtain allocations in specified subcatchments and up to the volumes in schedule 7; where the resource operations plan process includes public auctions, ballots or tenders, the price offered is a consideration (s 22, s 23).
Operators and monitoring obligations
The resource operations plan must state monitoring requirements for water and natural ecosystems and reporting requirements for infrastructure operators interfering with water (s 54). Operators have a duty to comply with the monitoring and reporting obligations the resource operations plan imposes.
Limits on taking from sensitive features
The chief executive may grant an authorisation to take water from a waterhole or lake only if a condition is imposed maintaining cultural or environmental values or the chief executive is satisfied the take will not adversely affect those values (s 20). In making that decision the chief executive must consider water quality, habitat inundation, fish movement, sediment movement, recreation and aesthetic values, cultural values and effects on groundwater (s 20(2)).
Modelling and evidence obligations
Decision-makers must use IQQM or an approved alternative (s 18); applicants and licence holders therefore have the right and likely the practical obligation to provide accurate historic extraction data (up to 10 years), details of works and pumps, irrigation efficiency evidence and development permits where relevant (ss 42-45, 48). The chief executive must give consideration to those materials when setting nominal volumes, annual limits and maximum rates.
Amendment and review rights
The plan allows minor or stated amendments under s 57 of the Act for a defined list of changes (s 60). The Minister must consider plan amendment or replacement under specified triggers (s 61). Those provisions give stakeholders rights to expect plan review in defined circumstances.
Procedural allocation rights are largely delegated to the resource operations plan
Although the plan prescribes objectives and caps, it delegates detailed procedural rights and processes,such as public auctions, ballots or tenders for unallocated water grants,and environmental management rules to the resource operations plan which must be prepared and implemented in specified timeframes (s 59, s 22).
What the plan does not itself do (based on the text provided)
The plan does not include explicit offence provisions, financial penalty amounts or detailed enforcement mechanisms in the text provided. Enforcement mechanisms are expected to be in the resource operations plan and the broader Act, but the specific penalty clauses are not contained in the excerpted text.
In aggregate, the plan places legally binding duties on the chief executive and procedural obligations on the Minister and infrastructure operators, creates rights for licence holders to have conversions and amendments carried out under set processes, and ties allocation decisions to modelled hydrological outcomes and schedule-defined caps.
Penalties and enforcement
The text provided for the Water Plan (Gold Coast) 2006 does not contain explicit offence provisions, prescribed penalties by amount, or a separate enforcement chapter within the sections excerpted. That absence should be treated as material for compliance planning because the plan primarily establishes objectives, allocation rules, caps and decision-making processes, while operational enforcement and specific sanctions are expected to be sourced from the resource operations plan, resource operations licence conditions, and the wider Act under which this plan sits.
What the plan does include that bears on enforcement and compliance
Monitoring and reporting requirements for water and natural ecosystems and reporting requirements for operators of infrastructure are compulsory elements to be specified in the resource operations plan (s 54). Monitoring and reporting enable administrative oversight and supply the data needed to detect non-compliance with allocations, flow conditions or operational rules.
The chief executive’s use of IQQM (s 18) as the primary assessment tool links decision-making and compliance assessment to a particular hydrological simulation. This makes monitoring that is compatible with IQQM outputs important for enforcement.
The plan prescribes quantitative caps and performance indicators (schedules 5 and 6, schedule 8 and 9). Failure to meet these objectives is the trigger for management action and may also trigger ministerial review or amendment under s 61 where ecological outcomes are not achieved.
The chief executive must state flow conditions when granting unallocated water and may impose conditions when authorising taking from waterholes or lakes (ss 20, 23). Conditions attached to entitlements and licences are typical instruments by which regulatory control is exercised; compliance with such conditions is usually enforceable by licence/regulatory mechanisms.
What the plan does not set out, in the text provided
There are no defined criminal or civil penalty clauses in the excerpt for contraventions of specified plan rules. No infringement amounts, penalty units, or civil enforcement processes are contained in these sections.
The plan does not itself set out the procedural steps for investigating, prosecuting or administratively enforcing non-compliance; these steps are typically contained in resource operations licences, the resource operations plan, and the broader water management Act and subordinate legislation.
Implication for practitioners
Compliance and enforcement in practice will rely upon the resource operations plan and licences to operationalise the plan’s objectives. Practitioners should inspect the resource operations plan and the relevant resource operations licence for enforcement provisions, monitoring standards, reporting deadlines, penalty clauses and remediation or suspension procedures.
Because monitoring and reporting requirements are mandatory content for the resource operations plan (s 54), those documents will be the locus of most practical enforcement measures (for example, threshold exceedances, breach notifications, remedial action and possible sanctions).
In short, while this plan prescribes objectives, caps and decision-making principles, the excerpted material does not itself create a schedule of penalties or a discrete enforcement protocol. Enforcement therefore depends on the subordinate instruments (resource operations plan, licences) and the wider Act; these are the documents practitioners must consult to identify specific sanctions, compliance notice regimes and enforcement procedures.
How it interacts with other laws
The plan expressly cross-references and conditions certain decisions on external statutory instruments and policies. These interactions determine eligibility for strategic reserve water, environmental assessment approaches, and planning consistency. The statutory cross-references in the plan create points at which other laws or policies constraining or enabling water use are brought into the decision calculus.
Environmental protection policies
The plan requires the chief executive to have regard to the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 when considering impacts on water quality under s 22(1)(c)(i) (s 22(2)). Schedule 5 also refers to waters that have high ecological value under that policy (s 11). This embeds that environmental policy as a parameter in allocation and reserve decisions.
State planning and development law
Strategic reserve water may be granted or reserved for infrastructure for a project declared to be a significant project under the State Development and Public Works Organisation Act 1971, s 26 (s 24(a)). That provision explicitly ties strategic water access to major project approvals under a separate statute.
SEQ regional plan and regional water security programs
The plan requires decisions and the design of outcomes, priorities and consistency checks to take account of the SEQ regional plan and regional water security programs (s 10(i), s 22(1)(e), s 24(b), s 35(1)(j), s 59(4) and s 61(c)). The plan is intended to be consistent with the SEQ regional plan and provides for amendment processes if inconsistency is identified (s 61). The plan therefore acts in a nested planning environment that links water allocation with regional land-use and infrastructure priorities.
Resource operations plan, resource operations licences and system operating plans
The plan delegates implementation detail (environmental management rules, water sharing rules, monitoring and reporting requirements, water allocation change rules and seasonal water assignment rules) to the resource operations plan (s 59(2)-(3)) and to resource operations licences (s 35). It additionally contemplates a system operating plan applying to the plan area, and specifically to water entitlements in the Nerang water supply scheme (s 59(4) and cross-reference to s 360V of the Act). Those subordinate instruments operationalise the plan’s objectives and interact with the broader Act under which they are made.
The Act under which this plan sits
The plan invokes amendment mechanisms under section 57 of the Act (s 60). It also references the Act’s system operating plan commissioning provision (s 360V) in s 59. The Act provides the statutory framework within which this plan must operate; many powers and enforcement provisions will be located in the Act and associated subordinate legislation.
Public auction, ballot or tender processes
The plan contemplates that the process in the resource operations plan for granting unallocated water may include public auction, ballot or tender, and in such cases requires the chief executive to consider the price offered under the process (s 22(1)(g)). That ties allocation processes to market or contest mechanisms where they are prescribed by the resource operations plan.
Other planning instruments and policies
The plan directs that reserve and allocation decisions must be consistent with system operating plans and any regional water security program for SEQ (s 22(1)(e), s 35(1)(j), s 59). It also requires consideration of whether proposed uses are consistent with the ecological outcomes stated in s 11 (s 22(1)(f)).
Implications of these interactions
Decision-makers must integrate multiple statutory and policy frameworks in allocation and operational decisions. For applicants and existing holders, demonstrating consistency with the SEQ regional plan, any applicable system operating plan, the Environmental Protection (Water and Wetland Biodiversity) Policy 2019, and the procedural requirements of the resource operations plan will be determinative in resource access decisions.
Strategic project proponents must secure approvals or identification under the State Development and Public Works Organisation Act or demonstrate inclusion in regional plans to be eligible for strategic reserve water (s 24).
In summary, the plan is not an isolated instrument. It embeds and expressly requires consideration of several other statutory instruments and policies,particularly the Environmental Protection (Water and Wetland Biodiversity) Policy 2019, the SEQ regional plan, the State Development and Public Works Organisation Act, the resource operations plan and licences, and system operating plans,so that allocation and operational choices are made in a broader planning and environmental policy context.
Amendment history
The text supplied contains explicit amendment annotations and numerous references to repeals or omissions. These notations indicate the plan has been the subject of post‑enactment modification and that particular sections have been omitted. The following is a précis drawn only from the amendment markers present in the provided text.
Notable amendment and omission annotations in the supplied text
s 1 (short title): annotation s 1 sub 2014 Act No. 64 s 255 sch 2 indicates a substitution or amendment associated with the 2014 Act No. 64.
s 8: annotation s 8 sub 2016 SL No. 216 s 146 sch 20 indicates a substitution or amendment made in 2016.
s 11: annotation s 11 amd 2019 SL No. 155 s 232 indicates amendment in 2019, with schedule-related changes noted (references to Environmental Protection (Water and Wetland Biodiversity) Policy 2019 are included in the amended text).
s 16 and s 19: annotations s 16 amd 2008 Act No. 34 s 751 sch 2 and s 19 amd 2008 Act No. 34 s 751 sch 2 show amendments made in 2008.
s 22: annotation s 22 amd 2019 SL No. 155 s 233 indicates a 2019 amendment, and the text explicitly adds a requirement to have regard to the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 when considering water quality impacts (s 22(2)).
s 35: annotated as s 35 amd 2008 Act No. 34 s 751 sch 2; 2014 SL No. 142 s 89, showing composite amendments in 2008 and 2014.
ss 41, 43, 49, 54 and others: have annotations indicating substitution or amendment by 2014 SL No. 142 (e.g. s 41 sub 2014 SL No. 142 s 91; s 43 sub 2014 SL No. 142 s 91; s 49 sub 2014 SL No. 142 s 93; s 54 sub 2014 SL No. 142 s 96).
Certain sections have been omitted by a 2014 statute labelled SL No. 142: sections 25 through 33, 34 (parts omitted), 39, 40, 44, 50, 51, 53, 55-57 and others show “om 2014 SL No. 142 s 86 / s 88 / s 90 / s 92 / s 94 / s 95 / s 96” etc., indicating those provisions were removed from the plan in 2014. The excerpt shows many “Section sec.X om 2014 SL No. 142 s 86” markers.
Implementation timeframes embedded in the plan
The plan prescribes an implementation schedule with specific timeframes for certain actions: conversion of authorisations and related resource operations plan provisions are proposed to be prepared within two years for priority area 1 and within four years for priority area 2 after commencement (s 59(2)-(3)). These implementation timelines are part of the plan’s operative schedule and are an internal implementation history marker.
How to read these amendment markers
Each notation (for example, “sub 2014 SL No. 142 s 86”, “amd 2019 SL No. 155 s 233”) records the legislative instrument and section under which changes were made. From the supplied text it is clear the plan has been edited multiple times, and several substantive deletions occurred in 2014. The supplied text does not contain the full amendment instruments themselves; it records the provenance of each change.
What the supplied text does not provide
The supplied text does not provide the dates of commencement for the various amendment instruments in full, except as implied by the reference years in the amendment markers. It does not provide the explanatory materials, parliamentary debates, or regulatory impact statements that may have accompanied those amendments. It does not set out any legislative history earlier than the amendment markers.
Practical implication
Practitioners should treat the plan as a living instrument with multiple amendments over time and should always check the current consolidated text and the resource operations plan and licences that implement it. Schedule and section changes, especially omissions in 2014 and amendments in 2016 and 2019, materially affect which powers and processes remain operative. The schedule-bound caps (schedules 5-9) and the power to use IQQM (s 18) are currently operative in the supplied text, but other procedural sections were removed in the 2014 amendment and will require review in the consolidated statutory source.
In short, the plan has a recorded amendment history with multiple insertions, substitutions and omissions across 2008, 2014, 2016 and 2019 as indicated in the section annotations. The supplied text records those amendment notations but does not itself reproduce the amending instruments in full; practitioners should consult official consolidated legislation for an authoritative version and for precise amendment dates and extents.
Litigation history
The supplied legislation text does not provide or reference any case law, decisions, or litigation history. There are no judicial or tribunal decisions cited within the plan’s text or schedules, and no list of precedents or appeals processes is included in the excerpt supplied.
What the absence of litigation references in the plan means for practice
The plan itself is a statutory instrument defining objectives, caps and decision-making frameworks. Disputes and legal challenges to plan decisions or to the actions of the chief executive or Minister would arise under the broader Act’s review and appeal mechanisms or through judicial review processes in the courts. The supplied text does not include those appellate or review pathways; practitioners must therefore consult the governing Act and the resource operations plan and licences for any statutory review rights, merits appeal pathways, or objection processes.
Because the plan requires decisions to be consistent with objective measures and model-based assessments (s 17-18, schedules 5-6), litigation or merits review in practice is likely to engage technical questions (modelling, IQQM outputs, historical extraction estimates, pump capacity, efficiency calculations) and procedural questions (whether required considerations were taken into account, whether procedural rules in the resource operations plan were followed). None of those processes are described in the supplied text.
Recommended next steps to determine litigation exposure
To establish any litigation history relevant to this plan, practitioners should search administrative law and water law decisions concerning the plan area and the chief executive’s use of IQQM, conversions of authorisations, grant of unallocated water, decisions about the Nerang water supply scheme operations, or challenges to the resource operations plan implementing this plan.
Also examine the resource operations plan and any decisions made under it for internal review rights, merits appeal rights and judicial review risk.
In summary, the plan text itself contains no litigation history; any litigation that impacts interpretation or application of the plan must be sought in external judicial and tribunal records and in the wider statutory framework under which the plan operates.
Gotchas
The plan contains numerous technical and procedural features that can produce operational surprises for holders, applicants and advisers. The following are concrete pitfalls and points of attention grounded in the plan text, with section references for each.
The chief executive’s broad discretionary gatekeeping
Many provisions use “must consider” and “may approve” formulations that give the chief executive significant scope to accept or reject evidence, to approve alternative assessment methods to IQQM (s 18) and to determine nominal and annual volumes and maximum rates (ss 42-45, 48). Applicants should expect decision outcomes to turn on the chief executive’s technical judgments and evidentiary thresholds.
The prohibition on increasing average available volume
The chief executive must not make a decision that would increase the average volume of water available to be taken in the plan area (s 19(1)), subject only to exceptions for unallocated water decisions under ss 23-24 and water permits (s 19(2)). This “no net increase” constraint may limit approvals for new takes unless they fall within the specific unallocated or permit exceptions. Practitioners should not assume scope for expansion simply because local need is argued.
Conversion can materially change entitlements
Authorisations converted to allocations must have purpose ‘any’ (s 38), must include the historical place of take (s 37), and will have annual volumetric limits and maximum rates set by reference to ten years’ historical estimated use, simulated mean annual diversions, and efficiency considerations (ss 42-43, 48). Converted allocations may therefore be lower or differently framed than historical practice suggests. The chief executive must also ensure totals do not exceed schedule 8 caps (ss 42, 48).
Caps and schedule limits are binding
Schedule 7 caps unallocated water grants by subcatchment (s 23). Schedule 8 caps the total nominal and annual volumes by subcatchment and by whether authorisations stated irrigated area or not (ss 42, 48). These numeric constraints can truncate allocation volumes even where historical usage or infrastructure arguments are persuasive.
Default maximum rates tied to pump-size schedule
If an authorisation lacks a stated maximum rate but has a related development permit with a pump size in schedule 9, the default rate is the schedule 9 rate unless the holder satisfies the chief executive that a different rate applies (s 45). This can produce abrupt rate reductions if development permits are inconsistent with real pump capacity or historical practice, and it requires evidence of actual pump capacity and irrigation system efficiency.
IQQM is required unless impracticable
The plan requires the IQQM simulation for assessing consistency with objectives (s 18). If IQQM is impracticable, an alternative must be approved by the chief executive and shown to be at least as accurate. This creates a technical gate and puts an evidential onus on applicants to provide model-compatible data; it may also produce delay where model runs are required.
Monitoring and reporting obligations left to the resource operations plan
Although s 54 requires monitoring and reporting to be set in the resource operations plan, the specifics are delegated. A practical gap can arise if resource operations plan rules are delayed or if the monitoring regime is onerous; the plan makes monitoring mandatory but leaves the detail to the subordinate plan. Expect compliance cost and data-supply burdens once the resource ops plan is made.
Strategic reserve constrained by other laws and planning instruments
Access to strategic reserve water is limited to projects declared significant under the State Development and Public Works Organisation Act s 26 or infrastructure identified in the SEQ regional plan or regional water security programs (s 24). Project proponents must therefore engage multiple approval processes and planning instruments to be eligible.
Waterhole and lake takings have special cultural/environmental gate
The chief executive may permit take from waterholes or lakes only if conditions maintain cultural or environmental values, or the taking will not adversely affect those values (s 20). Decisions must consider a detailed list of impacts, including cultural values of traditional owners (s 20(2)). This adds a discretionary cultural and environmental filter to such takes.
Many sections omitted in the 2014 amendments
Multiple sections are marked as omitted by 2014 SL No. 142. The omissions may have removed procedures or provisions that stakeholders previously relied upon; the functional consequences must be checked in a consolidated version. Where the supplied text shows “om” notations (e.g. ss 25-33, 39-40, 44, 50-51, 53, 55-57), ascertain whether the resource operations plan or Act fills the operational gaps left by omission.
The plan’s numeric objectives require technical compliance
Schedule 5 contains precise seasonally apportioned flows and frequency percentages for nodes; schedule 6 prescribes specific percentage thresholds for the 70% unsupplemented sharing index. These are technical, model-driven targets. Non-compliance is not a matter of subjective judgement; it is a function of hydrological modelling and monitoring. Applicants must therefore have capability to provide hydrological evidence compatible with the plan’s modelling regime.
Implementation timetables create staged exposure
The plan proposes conversion and rule-making timetables (s 59): within 2 years for priority area 1, within 4 years for priority area 2. Stakeholders in priority areas should expect quicker operational change and earlier need to comply with new allocation parameters.
Absence of explicit penalty provisions in the plan text
Because the plan, in the supplied form, does not contain penalty schedules, enforcement will be via the resource operations plan, licences and the broader Act. Parties cannot determine enforcement exposure or sanctions by reading this plan alone.
Each of these “gotchas” flows from explicit plan text and schedules. They converge into practical consequences: technical modelling and historic-use evidence matter, administrative discretion is broad but numerically constrained, conversion and cap provisions can reduce or reframe historic entitlements, and the resource operations plan is the practical locus of monitoring, reporting and likely enforcement procedures. Practitioners should validate these exposures against the current consolidated statute, the resource operations plan, and the relevant resource operations licences.
How to comply
Compliance under the plan is largely a matter of providing the technical data, procedural participation, and operational adjustments the chief executive and the resource operations plan require. The steps below are a practical checklist grounded in the plan text and schedules.
For existing licence or authorisation holders facing conversion
Assemble historical extraction data: the chief executive must consider annual volumes estimated for a period of not more than 10 years immediately before commencement when deciding nominal and annual volumes (ss 42(1)(a)(iii), 43(1)(b)(iii), 48(2)(b)(iii)). Prepare verified records and explain estimation methodologies.
Document works capacity and pump details: maximum rate decisions refer to the water-taking capacity of works and pump sizes; schedule 9 links pump size to default rates (s 45). Ensure development permits, pump specifications, and measured pump performance are available to challenge default schedule rates if necessary.
Provide irrigation and distribution system evidence: the chief executive must consider the efficiency of use and the irrigation/distribution system when fixing volumes and rates (ss 42(1)(a)(v), 43(1)(b)(iv), 45(b)(i)(C)). Prepare efficiency audits, calibration records and evidence of system constraints.
Check location and purpose requirements: the allocation must include the place where water could have been taken under the authorisation (s 37) and the allocation purpose must be ‘any’ (s 38). Anticipate changes in how rights are framed post-conversion and plan operationally for a purpose‑neutral allocation.
Anticipate schedule 8 caps: the chief executive must ensure totals do not exceed schedule 8 volumes for subcatchments (ss 42, 48). If you operate in a cap-exposed subcatchment, factor the possibility of reduced volumes and consider alternative supplies.
For applicants for unallocated or strategic reserve water
Verify subcatchment eligibility and caps: general reserve grants are limited to subcatchments listed in schedule 7 and up to cap volumes (s 23). Strategic reserve grants require project significance under SDPW Act s 26 or identification in the SEQ regional plan or regional water security programs, or a resource operations plan process (s 24).
Address the chief executive’s stated considerations: your application should explicitly address need and efficiency, alternative sources, availability of alternative supplies, impacts on water quality and ecological values, consistency with the SEQ regional plan, system operating plans and regional water security programs, and likely timeframes (s 22).
Prepare for public auction/ballot/tender processes: if the resource operations plan prescribes such processes, the chief executive is to consider price offered (s 22(1)(g)). Be prepared with commercial proposals and pricing if this process is used.
For infrastructure operators (dams, weirs, Nerang water supply scheme)
Ensure resource operations plan reporting and monitoring compliance: the resource operations plan must state monitoring and reporting requirements for operators interfering with water in the plan area (s 54). Implement data collection systems aligned to the model requirements (IQQM-compatible data), including flow measurements at nodes referenced in schedule 5.
Factor in fishways: if water can be released through fish ways, the resource operations plan must provide for the release (s 52). Incorporate fishway release arrangements into operating procedures and monitoring.
Prepare for operating-arrangement scrutiny: operational decisions for the Nerang scheme require consideration of allocation security objectives, water quality, instream levels, erosion, riparian vegetation, fish movement and risk of fish deaths, the joint operation of infrastructure and system operating plans (s 35). Provide environmental impact assessments and operational risk analyses aligned to these criteria.
For all applicants and holders on modelling and evidence
Use IQQM or obtain chief executive approval for an alternative: the plan requires IQQM simulation to assess consistency with objectives (s 18). If IQQM is impracticable, seek early engagement with the chief executive to approve an alternative method and demonstrate equivalence of accuracy (s 18(2)-(3)).
Align monitoring data to schedule performance indicators: schedule 5’s flow-volume and frequency targets and schedule 6’s unsupplemented sharing indices are model outputs. Monitoring programmes should be designed to produce the specific metrics required (e.g. 50% and 90% daily flows, counts of no-flow periods, multi-year daily flow volumes, and the 70% unsupplemented index).
Administrative and procedural steps
Review the resource operations plan: the plan delegates many operational and enforcement details to the resource operations plan (s 59, s 54). Comply with the resource operations plan’s processes for conversion, tendering, environmental management rules, water sharing rules and reporting.
Prepare evidence of consistency with the SEQ regional plan and regional water security programs: these consistency obligations are explicit in s 22(1)(e), s 24 and s 61.
Monitor timelines for conversions and rule changes: the plan prescribes proposed implementation schedules within 2 and 4 years for priority areas (s 59). Expect staged changes and align compliance planning to local priority area timelines.
Dispute and review preparation
Because the plan’s decisions are technical, maintain comprehensive records and model inputs to support administrative review or judicial review if necessary. Records should include hydrological data, IQQM or approved-model runs, works and pump specifications, irrigation system audits, historical extraction estimates and correspondence with the department.
Checklist summary (practical items to assemble)
Ten-year historical extraction estimates and methodology (ss 42-43, 48).
Development permits and pump size specifications; measured pump performance (s 45).
Technical modelling outputs (IQQM runs) or approved alternative method evidence (s 18).
Environmental assessments addressing water quality, fish movement, habitat inundation and sediment (s 20, s 22, s 35).
Documentation of consistency with SEQ regional plan, system operating plan, and any regional water security program (s 22, s 35, s 59, s 61).
Monitoring and reporting systems aligned to resource operations plan requirements and schedule 5/6 indicators (s 54, schedules 5-6).
Legal and administrative correspondence records to evidence engagement with the chief executive and the department.
Following these steps and assembling the required documentation will position applicants and holders to engage constructively with the conversion, allocation and operational processes the plan imposes. Compliance is model- and data-driven: ensure your evidence is hydrologically rigorous, well-documented and aligned to the resource operations plan as it is prepared and updated.
(b) for which environmental flow objectives are set for performance indicators.
sec.8 Water to which plan applies
sec.8 Water to which plan applies
This plan applies to water in a watercourse, lake or spring in the plan area.
s 8 sub 2016 SL No. 216 s 146 sch 20
pt.3 Outcomes for sustainable management of water
Outcomes for sustainable management of water
sec.9 Outcomes for water in plan area
sec.9 Outcomes for water in plan area
Water is to be allocated and sustainably managed in a way that—
recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
seeks to achieve a balance in the following outcomes—
the general outcomes mentioned in section 10 ;
the ecological outcomes mentioned in section 11 .
(a) recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
(b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 10 ; (ii) the ecological outcomes mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes mentioned in section 11 .
sec.10 General outcomes
sec.10 General outcomes
Each of the following is a general outcome for water in the plan area—
to provide for future water requirements, including the opportunity for additional water to be taken from the plan area;
to provide for the continued use of all existing water entitlements and other authorisations;
to protect the probability of being able to obtain water under a water allocation;
to encourage the efficient use of water;
to protect essential water supplies when water availability is low;
to support natural ecosystems by minimising changes to natural flow regimes;
to protect, or minimise the impact of the taking of water on, ecological assets and ecosystem structures and processes;
to allow water-related cultural use of the plan area by the traditional owners of the area;
to provide consistency between this plan and the SEQ regional plan.
(a) to provide for future water requirements, including the opportunity for additional water to be taken from the plan area;
(b) to provide for the continued use of all existing water entitlements and other authorisations;
(c) to protect the probability of being able to obtain water under a water allocation;
(d) to encourage the efficient use of water;
(e) to protect essential water supplies when water availability is low;
(f) to support natural ecosystems by minimising changes to natural flow regimes;
(g) to protect, or minimise the impact of the taking of water on, ecological assets and ecosystem structures and processes;
(h) to allow water-related cultural use of the plan area by the traditional owners of the area;
(i) to provide consistency between this plan and the SEQ regional plan.
sec.11 Ecological outcomes
sec.11 Ecological outcomes
Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows—
for Coomera River within the area known as Canungra Land Warfare Centre, including, in particular, Back Creek, and other waters of high ecological value under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , including, in particular, Tallebudgerra Creek and Currumbin Creek—to minimise changes to the flow regimes of the waters;
for Nerang River upstream of the Hinze Dam and Little Nerang Creek upstream of the Little Nerang Dam—
to minimise changes to river-forming processes; and
to minimise changes to the flow regime;
for Coomera River estuary—
to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and
to minimise changes to the freshwater inflows to Coombabah Lake.
Also, an ecological outcome for water in the plan area is to minimise changes, as far as practicable, to the volume and seasonality of freshwater flows into Moreton Bay and the Broadwater.
s 11 amd 2019 SL No. 155 s 232
(sec.11-ssec.1) Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows— for Coomera River within the area known as Canungra Land Warfare Centre, including, in particular, Back Creek, and other waters of high ecological value under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , including, in particular, Tallebudgerra Creek and Currumbin Creek—to minimise changes to the flow regimes of the waters; for Nerang River upstream of the Hinze Dam and Little Nerang Creek upstream of the Little Nerang Dam— to minimise changes to river-forming processes; and to minimise changes to the flow regime; for Coomera River estuary— to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and to minimise changes to the freshwater inflows to Coombabah Lake.
(sec.11-ssec.2) Also, an ecological outcome for water in the plan area is to minimise changes, as far as practicable, to the volume and seasonality of freshwater flows into Moreton Bay and the Broadwater.
(a) for Coomera River within the area known as Canungra Land Warfare Centre, including, in particular, Back Creek, and other waters of high ecological value under the Environmental Protection (Water and Wetland Biodiversity) Policy 2019 , including, in particular, Tallebudgerra Creek and Currumbin Creek—to minimise changes to the flow regimes of the waters;
(b) for Nerang River upstream of the Hinze Dam and Little Nerang Creek upstream of the Little Nerang Dam— (i) to minimise changes to river-forming processes; and (ii) to minimise changes to the flow regime;
(i) to minimise changes to river-forming processes; and
(ii) to minimise changes to the flow regime;
(c) for Coomera River estuary— (i) to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and (ii) to minimise changes to the freshwater inflows to Coombabah Lake.
(i) to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and
(ii) to minimise changes to the freshwater inflows to Coombabah Lake.
(i) to minimise changes to river-forming processes; and
(ii) to minimise changes to the flow regime;
(i) to minimise changes, as far as practicable, to freshwater flows into the Coomera River estuary; and
(ii) to minimise changes to the freshwater inflows to Coombabah Lake.
pt.4 Performance indicators and objectives
Performance indicators and objectives
pt.4-div.1 Environmental flow objectives
Environmental flow objectives
sec.12 Performance indicators for environmental flow objectives
sec.12 Performance indicators for environmental flow objectives
The performance indicators for the environmental flow objectives are—
for assessing periods of low flow—
50% daily flow; and
90% daily flow; and
daily flow less than 1ML; and
number of periods of no flow of at least 1 month but less than 3 months; and
number of periods of no flow of at least 3 months but less than 6 months; and
number of periods of no flow of at least 6 months; and
for assessing periods of medium to high flow—
mean annual flow; and
1.5 year daily flow volume; and
5 year daily flow volume; and
20 year daily flow volume; and
for assessing seasonal flow patterns—
flow regime class; and
annual proportional flow deviation.
(a) for assessing periods of low flow— (i) 50% daily flow; and (ii) 90% daily flow; and (iii) daily flow less than 1ML; and (iv) number of periods of no flow of at least 1 month but less than 3 months; and (v) number of periods of no flow of at least 3 months but less than 6 months; and (vi) number of periods of no flow of at least 6 months; and
(i) 50% daily flow; and
(ii) 90% daily flow; and
(iii) daily flow less than 1ML; and
(iv) number of periods of no flow of at least 1 month but less than 3 months; and
(v) number of periods of no flow of at least 3 months but less than 6 months; and
(vi) number of periods of no flow of at least 6 months; and
(b) for assessing periods of medium to high flow— (i) mean annual flow; and (ii) 1.5 year daily flow volume; and (iii) 5 year daily flow volume; and (iv) 20 year daily flow volume; and
(i) mean annual flow; and
(ii) 1.5 year daily flow volume; and
(iii) 5 year daily flow volume; and
(iv) 20 year daily flow volume; and
(c) for assessing seasonal flow patterns— (i) flow regime class; and (ii) annual proportional flow deviation.
(i) flow regime class; and
(ii) annual proportional flow deviation.
(i) 50% daily flow; and
(ii) 90% daily flow; and
(iii) daily flow less than 1ML; and
(iv) number of periods of no flow of at least 1 month but less than 3 months; and
(v) number of periods of no flow of at least 3 months but less than 6 months; and
(vi) number of periods of no flow of at least 6 months; and
(i) mean annual flow; and
(ii) 1.5 year daily flow volume; and
(iii) 5 year daily flow volume; and
(iv) 20 year daily flow volume; and
(i) flow regime class; and
(ii) annual proportional flow deviation.
sec.13 Environmental flow objectives
sec.13 Environmental flow objectives
The environmental flow objectives for this plan are stated in schedule 5 .
pt.4-div.2 Water allocation security objectives
Water allocation security objectives
sec.14 Performance indicators for water allocation security objectives
sec.14 Performance indicators for water allocation security objectives
The performance indicators for the water allocation security objectives are—
for taking supplemented water—monthly supplemented water sharing index; and
for taking unsupplemented water—70% unsupplemented water sharing index.
(a) for taking supplemented water—monthly supplemented water sharing index; and
(b) for taking unsupplemented water—70% unsupplemented water sharing index.
sec.15 Water allocation security objectives
sec.15 Water allocation security objectives
The water allocation security objectives for this plan are stated in schedule 6 .
pt.5 Strategies for achieving outcomes
Strategies for achieving outcomes
pt.5-div.1 Decisions made under this plan
Decisions made under this plan
sec.16 Application of div 1
sec.16 Application of div 1
This division applies to decisions about the allocation or management of water in the plan area, other than a decision—
about reinstating or replacing an expired water licence; or
to grant a water entitlement to a local government, government agency or the water grid manager for the continued taking of or interfering with water.
s 16 amd 2008 Act No. 34 s 751 sch 2
(a) about reinstating or replacing an expired water licence; or
(b) to grant a water entitlement to a local government, government agency or the water grid manager for the continued taking of or interfering with water.
sec.17 Decisions consistent with objectives
sec.17 Decisions consistent with objectives
Decisions about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—
the environmental flow objectives stated in schedule 5 ; and
the water allocation security objectives stated in schedule 6 .
(a) the environmental flow objectives stated in schedule 5 ; and
(b) the water allocation security objectives stated in schedule 6 .
sec.18 Assessing impact of decisions
sec.18 Assessing impact of decisions
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
(sec.18-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives.
(sec.18-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.18-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.19 Decisions not to increase amount of water taken
sec.19 Decisions not to increase amount of water taken
The chief executive mu
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