This statutory water plan sets numeric environmental-flow and allocation-security objectives for the Logan Basin, prescribes how unallocated water is reserved or granted, and converts existing water authorisations into capped statutory allocations. It requires model-based testing (IQQM unless an equivalent is approved) and places primary decision-making with the chief executive, supported by monitoring and reporting.
Affected parties include existing licence-holders, applicants, infrastructure operators and the water-grid manager; it matters because administrative choices, model results and reserve priorities mechanically determine who gets water and under what limits.
The Water Plan (Logan Basin) 2007 is a statutory instrument made under the Queensland Water Act. It locks in the total volume of water that can be authorised across the Logan Basin plan area and sets the rules by which the chief executive must allocate, convert, and manage water entitlements within that area. Its operative core is a hard cap: section 19 prohibits the chief executive from making any decision that would increase the average volume of water allowed to be taken under authorisations in the plan area, subject only to limited exceptions for unallocated water grants and water permits. Everything else in the instrument serves to implement that cap, to specify the conditions under which existing rights convert into the new water-allocation framework, and to define the environmental performance benchmarks that must not be worsened by any allocation decision.
Mechanically, the plan does four things. First, it establishes environmental flow objectives (schedule 5) and water allocation security objectives (schedule 6) as mandatory targets against which every allocation decision must be tested using the IQQM computer-simulation program (sections 17 and 18). Second, it converts existing licences and authorities into water allocations under a framework set out in part 5, division 6, specifying the rules for nominal volumes, annual volumetric limits, maximum pump rates, and priority groups. Third, it creates three categories of unallocated water reserve, general, strategic, and town water supply, with different access rules for each. Fourth, it designates nodes (monitored points on watercourses, identified by letters A through G) at which flow-regime data is collected to test whether environmental objectives are being met.
The plan covers water in watercourses, lakes, and springs in the Logan Basin, except springs connected to the Great Artesian Basin aquifer system (section 8, as amended). It expressly acknowledges that the natural state of the catchment has already been altered by infrastructure, flow supplementation, and historical water-taking (section 9), so its objectives are framed around minimising further change rather than restoration, except where practicable (section 2(e)).
Current sections
Direct links to the current provisions in Water Plan (Logan Basin) 2007.
100
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This water plan may be cited as the Water Plan (Logan Basin) 2007 .
s 1 amd 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 13 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 .
See section 6 for information about the exact location of the plan area.
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 the following water in the plan area—
water in a watercourse or lake;
water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
s 8 amd 2016 SL No. 216 s 146 sch 20 ; 2017 SL No. 164 s 99
(a) water in a watercourse or lake;
(b) water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
pt.3
Outcomes for sustainable management of water
Outcomes for sustainable management of water
sec.9
Outcomes for water in the plan area
sec.9 Outcomes for water in the plan area
Water in the plan area 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 for particular parts of the plan area 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 for particular parts of the plan area mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes for particular parts of the plan area mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes for particular parts of the plan area mentioned in section 11 .
sec.10
General outcomes for the plan area
sec.10 General outcomes for the plan area
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 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 during times of low water availability;
to support natural ecosystems by minimising changes to natural flow regimes;
to allow water-related cultural use of parts of the plan area by the traditional owners of the parts of the area;
to provide consistency with 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 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 during times of low water availability;
(f) to support natural ecosystems by minimising changes to natural flow regimes;
(g) to allow water-related cultural use of parts of the plan area by the traditional owners of the parts of the area;
(h) to provide consistency with the SEQ regional plan.
sec.11
Ecological outcomes for particular parts of the plan area
sec.11 Ecological outcomes for particular parts of the plan area
Each of the following is an ecological outcome for water in a particular part of the plan area—
for the Logan and Albert Rivers estuary—
to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and
to minimise changes to the brackish water habitat in the estuary;
for Canungra Creek, Christmas Creek, Running Creek, Palen Creek and Upper Logan River subcatchment areas, Albert River and its tributaries upstream of node F, Burnett Creek and its tributaries upstream of node A and Teviot Brook and its tributaries upstream of node E—
to minimise changes to the low flow regime of the watercourses; and
to minimise changes to the medium and high flow regime important to river forming processes;
for the Carbrook wetlands—to minimise changes to the flooding regime.
(a) for the Logan and Albert Rivers estuary— (i) to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and (ii) to minimise changes to the brackish water habitat in the estuary;
(i) to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and
(ii) to minimise changes to the brackish water habitat in the estuary;
(b) for Canungra Creek, Christmas Creek, Running Creek, Palen Creek and Upper Logan River subcatchment areas, Albert River and its tributaries upstream of node F, Burnett Creek and its tributaries upstream of node A and Teviot Brook and its tributaries upstream of node E— (i) to minimise changes to the low flow regime of the watercourses; and (ii) to minimise changes to the medium and high flow regime important to river forming processes;
(i) to minimise changes to the low flow regime of the watercourses; and
(ii) to minimise changes to the medium and high flow regime important to river forming processes;
(c) for the Carbrook wetlands—to minimise changes to the flooding regime.
(i) to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and
(ii) to minimise changes to the brackish water habitat in the estuary;
(i) to minimise changes to the low flow regime of the watercourses; and
(ii) to minimise changes to the medium and high flow regime important to river forming processes;
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, the following—
50% daily flow;
90% daily flow;
daily flow less than 1ML;
number of periods of no flow of at least 1 month but less than 3 months;
number of periods of no flow of at least 3 months but less than 6 months;
number of periods of no flow of at least 6 months; and
for assessing periods of medium to high flow, the following—
mean annual flow;
1.5 year daily flow volume;
5 year daily flow volume;
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, the following— (i) 50% daily flow; (ii) 90% daily flow; (iii) daily flow less than 1ML; (iv) number of periods of no flow of at least 1 month but less than 3 months; (v) number of periods of no flow of at least 3 months but less than 6 months; (vi) number of periods of no flow of at least 6 months; and
(i) 50% daily flow;
(ii) 90% daily flow;
(iii) daily flow less than 1ML;
(iv) number of periods of no flow of at least 1 month but less than 3 months;
(v) number of periods of no flow of at least 3 months but less than 6 months;
(vi) number of periods of no flow of at least 6 months; and
(b) for assessing periods of medium to high flow, the following— (i) mean annual flow; (ii) 1.5 year daily flow volume; (iii) 5 year daily flow volume; (iv) 20 year daily flow volume; and
(i) mean annual flow;
(ii) 1.5 year daily flow volume;
(iii) 5 year daily flow volume;
(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;
(ii) 90% daily flow;
(iii) daily flow less than 1ML;
(iv) number of periods of no flow of at least 1 month but less than 3 months;
(v) number of periods of no flow of at least 3 months but less than 6 months;
(vi) number of periods of no flow of at least 6 months; and
(i) mean annual flow;
(ii) 1.5 year daily flow volume;
(iii) 5 year daily flow volume;
(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—
for water allocations in a class A water allocation group—
mean unsupplemented water sharing index; and
95% unsupplemented water sharing index; and
for water allocations in a class B, C or D water allocation group—
mean unsupplemented water sharing index; and
70% unsupplemented water sharing index.
See section 59 for the water allocations in particular water allocation groups.
(a) for taking supplemented water—monthly supplemented water sharing index; and
(b) for taking unsupplemented water— (i) for water allocations in a class A water allocation group— (A) mean unsupplemented water sharing index; and (B) 95% unsupplemented water sharing index; and (ii) for water allocations in a class B, C or D water allocation group— (A) mean unsupplemented water sharing index; and (B) 70% unsupplemented water sharing index. Note— See section 59 for the water allocations in particular water allocation groups.
(i) for water allocations in a class A water allocation group— (A) mean unsupplemented water sharing index; and (B) 95% unsupplemented water sharing index; and
(A) mean unsupplemented water sharing index; and
(B) 95% unsupplemented water sharing index; and
(ii) for water allocations in a class B, C or D water allocation group— (A) mean unsupplemented water sharing index; and (B) 70% unsupplemented water sharing index. Note— See section 59 for the water allocations in particular water allocation groups.
(A) mean unsupplemented water sharing index; and
(B) 70% unsupplemented water sharing index.
(i) for water allocations in a class A water allocation group— (A) mean unsupplemented water sharing index; and (B) 95% unsupplemented water sharing index; and
(A) mean unsupplemented water sharing index; and
(B) 95% unsupplemented water sharing index; and
(ii) for water allocations in a class B, C or D water allocation group— (A) mean unsupplemented water sharing index; and (B) 70% unsupplemented water sharing index. Note— See section 59 for the water allocations in particular water allocation groups.
(A) mean unsupplemented water sharing index; and
(B) 70% unsupplemented water sharing index.
(A) mean unsupplemented water sharing index; and
(B) 95% unsupplemented water sharing index; and
(A) mean unsupplemented water sharing index; and
(B) 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—
for water allocations to take supplemented water— schedule 6 , part 1 ; and
for water allocations to take unsupplemented water— schedule 6 , part 2 .
(a) for water allocations to take supplemented water— schedule 6 , part 1 ; and
(b) for water allocations to take unsupplemented water— schedule 6 , part 2 .
pt.5
Strategies for achieving outcomes
Strategies for achieving outcomes
pt.5-div.1
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 supply under operations that were in existence on the commencement of this plan.
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 supply under operations that were in existence on the commencement of this plan.
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 allowed to be taken under authorisations in the plan area.
Subsection (1) does not apply to—
a decision about unallocated water made under section 22 ; or
a decision 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 allowed to be taken under authorisations in the plan area.
(sec.19-ssec.2) Subsection (1) does not apply to— a decision about unallocated water made under section 22 ; or a decision 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) a decision about unallocated water made under section 22 ; or
(b) a decision 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 a water licence, water permit or water allocation, or change the location from which water may be taken under a water allocation, to take water from a waterhole or lake only if—
the chief executive imposes a condition on the licence, permit or allocation 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 or 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 0.1m below the level at which the waterhole or lake naturally overflows
Subsection (1) does not apply to the grant of—
a water licence, water permit or water allocation to replace an authorisation in force immediately before the commencement of this plan; or
a water allocation converted from an authorisation in force immediately before the commencement.
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, the cultural values of the traditional owners of the area to which the application relates; and
whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.
Subsection (3) does not limit the matters the chief executive may consider.
(sec.20-ssec.1) The chief executive may grant a water licence, water permit or water allocation, or change the location from which water may be taken under a water allocation, to take water from a waterhole or lake only if— the chief executive imposes a condition on the licence, permit or allocation 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 or 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 0.1m below the level at which the waterhole or lake naturally overflows
(sec.20-ssec.2) Subsection (1) does not apply to the grant of— a water licence, water permit or water allocation to replace an authorisation in force immediately before the commencement of this plan; or a water allocation converted from an authorisation in force immediately before the commencement.
(sec.20-ssec.3) 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, the cultural values of the traditional owners of the area to which the application relates; and whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
(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 (3) does not limit the matters the chief executive may consider.
(a) the chief executive imposes a condition on the licence, permit or allocation 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 or 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 0.1m below the level at which the waterhole or lake naturally overflows
(a) a water licence, water permit or water allocation to replace an authorisation in force immediately before the commencement of this plan; or
(b) a water allocation converted from an authorisation in force immediately before the commencement.
(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, the cultural values of the traditional owners of the area to which the application relates; 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, the cultural values of the traditional owners of the area to which the application relates; 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, the cultural values of the traditional owners of the area to which the application relates; and
pt.5-div.2
General, strategic and town water supply reserves
General, strategic and town water supply reserves
sec.21
Unallocated water held as general, strategic or town water supply reserve
sec.21 Unallocated water held as general, strategic or town water supply reserve
Unallocated water is held as a general, strategic or town water supply reserve and dealt with under this division.
sec.22
Granting or reserving unallocated water
sec.22 Granting or reserving unallocated water
Unallocated water may be granted or reserved from the general, strategic or town water supply reserve under a process in the resource operations plan.
sec.23
Matters chief executive must consider
sec.23 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 existing authorisations in the plan area; and
emerging requirements for additional water, both within 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 the 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 or downstream watercourses; and
whether the proposed use of the water is consistent with—
the SEQ regional plan; and
a system operating plan applying to the plan area; and
a regional water security program for the SEQ region; 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.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.23-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 existing authorisations in the plan area; and emerging requirements for additional water, both within 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 the 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 or downstream watercourses; and whether the proposed use of the water is consistent with— the SEQ regional plan; and a system operating plan applying to the plan area; and a regional water security program for the SEQ region; 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.23-ssec.2) 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 existing authorisations in the plan area; and (ii) emerging requirements for additional water, both within 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 existing authorisations in the plan area; and
(ii) emerging requirements for additional water, both within 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 the 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 the 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 or downstream watercourses; and
(i) have a direct adverse effect on groundwater; or
(ii) lead to degradation of land or downstream watercourses; and
(e) whether the proposed use of the water is consistent with— (i) the SEQ regional plan; and (ii) a system operating plan applying to the plan area; and (iii) a regional water security program for the SEQ region; and
(i) the SEQ regional plan; and
(ii) a system operating plan applying to the plan area; and
(iii) a regional water security program for the SEQ region; and
(f) 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 existing authorisations in the plan area; and
(ii) emerging requirements for additional water, both within 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 the traditional owners of the area; and
(i) have a direct adverse effect on groundwater; or
(ii) lead to degradation of land or downstream watercourses; and
(i) the SEQ regional plan; and
(ii) a system operating plan applying to the plan area; and
(iii) a regional water security program for the SEQ region; and
sec.24
Application of sdiv 2
sec.24 Application of sdiv 2
This subdivision applies to unallocated water that is held as a general reserve.
sec.25
Granting or reserving unallocated water from the general reserve
sec.25 Granting or reserving unallocated water from the general reserve
Unallocated water may be granted or reserved from the general reserve under a water entitlement to take unsupplemented water.
Each water entitlement must state, for the entitlement, the following—
the purpose for which the water may be taken;
the annual volumetric limit;
the maximum rate at which the water may be taken;
the flow conditions under which the water may be taken.
(sec.25-ssec.1) Unallocated water may be granted or reserved from the general reserve under a water entitlement to take unsupplemented water.
(sec.25-ssec.2) Each water entitlement must state, for the entitlement, the following— the purpose for which the water may be taken; the annual volumetric limit; the maximum rate at which the water may be taken; the flow conditions under which the water may be taken.
(a) the purpose for which the water may be taken;
(b) the annual volumetric limit;
(c) the maximum rate at which the water may be taken;
(d) the flow conditions under which the water may be taken.
sec.26
Application of sdiv 3
sec.26 Application of sdiv 3
This subdivision applies to unallocated water that is held as a strategic reserve.
sec.27
Granting or reserving unallocated water from the strategic reserve
sec.27 Granting or reserving 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 in—
the SEQ regional plan or instruments that implement the plan; or
a regional water security program for the SEQ region.
(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 in— (i) the SEQ regional plan or instruments that implement the plan; or (ii) a regional water security program for the SEQ region.
(i) the SEQ regional plan or instruments that implement the plan; or
(ii) a regional water security program for the SEQ region.
(i) the SEQ regional plan or instruments that implement the plan; or
(ii) a regional water security program for the SEQ region.
sec.28
Application of sdiv 4
sec.28 Application of sdiv 4
This subdivision applies to unallocated water that is held as a town water supply reserve.
sec.29
Granting unallocated water from the town water supply reserve
sec.29 Granting unallocated water from the town water supply reserve
Unallocated water may be granted from the town water supply reserve under a water licence for the water grid manager to take an annual volumetric limit of up to 150ML from Canungra Creek.
s 29 amd 2008 Act No 34 s 751sch 2
pt.5-div.3
sec.30
Section sec.30
s 30 om 2014 SL No. 142 s 130
sec.31
Section sec.31
s 31 om 2014 SL No. 142 s 130
sec.32
Section sec.32
s 32 om 2014 SL No. 142 s 130
sec.33
Section sec.33
s 33 om 2014 SL No. 142 s 130
sec.34
Section sec.34
s 34 om 2014 SL No. 142 s 130
sec.35
Section sec.35
s 35 om 2014 SL No. 142 s 130
sec.36
Section sec.36
s 36 om 2014 SL No. 142 s 130
sec.37
Section sec.37
s 37 om 2014 SL No. 142 s 130
sec.38
Section sec.38
s 38 om 2014 SL No. 142 s 130
sec.39
Section sec.39
s 39 om 2014 SL No. 142 s 130
sec.40
Section sec.40
s 40 om 2014 SL No. 142 s 130
sec.41
Section sec.41
s 41 om 2014 SL No. 142 s 130
sec.42
Section sec.42
s 42 om 2014 SL No. 142 s 130
pt.5-div.4
Deciding operational and supply arrangements for water infrastructure
Deciding operational and supply arrangements for water infrastructure
sec.43
Section sec.43
s 43 amd 2008 Act No. 34 s 751 sch 2
om 2014 SL No. 142 s 132
sec.44
Matters chief executive must consider
sec.44 Matters chief executive must consider
In deciding the operating arrangements and supply requirements for water infrastructure, the chief executive must consider—
the impact of the infrastructure’s operation on the following—
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;
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 on natural ecosystems 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 44 amd 2014 SL No. 142 s 133
(sec.44-ssec.1) In deciding the operating arrangements and supply requirements for water infrastructure, the chief executive must consider— the impact of the infrastructure’s operation on the following— 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; 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 on natural ecosystems 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.44-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) water quality; (ii) instream water levels; (iii) erosion of the bed and banks of watercourses; (iv) riparian vegetation; (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; (vi) recreation and aesthetic values; (vii) cultural values, including, for example, cultural values of the traditional owners of the area; and
(i) water quality;
(ii) instream water levels;
(iii) erosion of the bed and banks of watercourses;
(iv) riparian vegetation;
(v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
(vi) recreation and aesthetic values;
(vii) 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 on natural ecosystems 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) water quality;
(ii) instream water levels;
(iii) erosion of the bed and banks of watercourses;
(iv) riparian vegetation;
(v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
(vi) recreation and aesthetic values;
(vii) cultural values, including, for example, cultural values of the traditional owners of the area; and
pt.5-div.5
sec.45
Section sec.45
s 45 om 2014 SL No. 142 s 134
pt.5-div.6
Converting authorisations to water allocations
Converting authorisations to water allocations
sec.46
Definition for div 6
sec.46 Definition for div 6
In this division—
authorisation means an authorisation or authority mentioned in section 47 .
sec.47
Application of div 6
sec.47 Application of div 6
This division applies only to—
authorisations converted, under the resource operations plan, to water allocations; and
water allocations converted, under the resource operations plan, from authorisations.
s 47 amd 2014 SL No. 142 s 135
(a) authorisations converted, under the resource operations plan, to water allocations; and
(b) water allocations converted, under the resource operations plan, from authorisations.
sec.48
Location for taking water
sec.48 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.49
Purpose to be stated on water allocation
sec.49 Purpose to be stated on water allocation
The purpose stated on a water allocation must be ‘any’.
sec.50
Section sec.50
s 50 om 2014 SL No. 142 s 136
sec.51
Section sec.51
s 51 om 2014 SL No. 142 s 136
sec.52
Section sec.52
s 52 om 2014 SL No. 142 s 136
sec.53
Elements of a water allocation to take unsupplemented water
sec.53 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 53 sub 2014 SL No. 142 s 137
(a) the maximum rate at which water may be taken under the allocation; and
(b) the annual volumetric limit for the allocation.
sec.54
Nominal volumes for water allocations to take unsupplemented water
sec.54 Nominal volumes for water allocations to take unsupplemented water
The nominal volume for a water allocation in a water allocation group mentioned in schedule 8 , column 1, is the volume decided by the chief executive.
In deciding the nominal volume, the chief executive—
must have regard to—
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 in the water allocation group is not more than the volume stated in schedule 8 , column 2, for the group.
(sec.54-ssec.1) The nominal volume for a water allocation in a water allocation group mentioned in schedule 8 , column 1, is the volume decided by the chief executive.
(sec.54-ssec.2) In deciding the nominal volume, the chief executive— must have regard to— 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 in the water allocation group is not more than the volume stated in schedule 8 , column 2, for the group.
(a) must have regard to— (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 the total of the nominal volumes for the water allocations in the water allocation group is not more than the volume stated in schedule 8 , column 2, for the group.
(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
sec.55
Annual volumetric limit for taking unsupplemented water
sec.55 Annual volumetric limit for taking unsupplemented water
The annual volumetric limit for a water allocation to take unsupplemented water is—
for an authorisation that states the volume of water that may be taken in a period of 12 months—the volume stated on the authorisation; and
for an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; 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, 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) (c) does not limit the matters the chief executive may consider.
(sec.55-ssec.1) The annual volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states the volume of water that may be taken in a period of 12 months—the volume stated on the authorisation; and for an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; 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, 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.55-ssec.2) Subsection (1) (c) does not limit the matters the chief executive may consider.
(a) for an authorisation that states the volume of water that may be taken in a period of 12 months—the volume stated on the authorisation; and
(b) for an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 6; 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, 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; 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; 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.56
Section sec.56
s 56 om 2014 SL No. 142 s 138
sec.57
Maximum rates for taking unsupplemented water
sec.57 Maximum rates for taking unsupplemented water
The maximum rate at which unsupplemented water may be taken under a water allocation is—
for an authorisation that states a maximum rate—the rate stated on the authorisation; and
for an authorisation that 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 water use mentioned in subsubparagraph (C); or
otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
for an authorisation that does not state a maximum rate but for which 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
for another authorisation—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) for an authorisation that states a maximum rate—the rate stated on the authorisation; and
(b) for an authorisation that 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 water use 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 water use 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 water use mentioned in subsubparagraph (C); or
(ii) otherwise—the rate stated in schedule 9 , column 2, for the pump size; and
(c) for an authorisation that does not state a maximum rate but for which 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) for another authorisation—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 water use 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 water use 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 water use 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.58
Conditions for water allocations to take unsupplemented water
sec.58 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 have regard to the conditions stated on the relevant authorisation.
sec.59
Water allocation groups for water allocations to take unsupplemented water
sec.59 Water allocation groups for water allocations to take unsupplemented water
A water allocation to take unsupplemented water in a subcatchment area mentioned in schedule 10 , column 1, belongs to—
for an authorisation for town water supply purposes—the water allocation group (class A) mentioned opposite the subcatchment area in schedule 10 , column 2; and
for an authorisation that states the area that may be irrigated or the volume of water that may be taken in a period of 12 months, other than an authorisation for town water supply purposes or stock or domestic purposes—the water allocation group (class B) mentioned opposite the subcatchment area in schedule 10 , column 3; and
for other authorisations to take unsupplemented water in the area of the Logan River Water Supply Scheme—the water allocation group (class C) mentioned opposite the subcatchment area in schedule 10 , column 4; and
for other authorisations—the water allocation group (class D) mentioned opposite the subcatchment area in schedule 10 , column 5.
(a) for an authorisation for town water supply purposes—the water allocation group (class A) mentioned opposite the subcatchment area in schedule 10 , column 2; and
(b) for an authorisation that states the area that may be irrigated or the volume of water that may be taken in a period of 12 months, other than an authorisation for town water supply purposes or stock or domestic purposes—the water allocation group (class B) mentioned opposite the subcatchment area in schedule 10 , column 3; and
(c) for other authorisations to take unsupplemented water in the area of the Logan River Water Supply Scheme—the water allocation group (class C) mentioned opposite the subcatchment area in schedule 10 , column 4; and
(d) for other authorisations—the water allocation group (class D) mentioned opposite the subcatchment area in schedule 10 , column 5.
pt.5-div.7
Water licences to take unsupplemented water
Water licences to take unsupplemented water
sec.60
Amending water licences to take unsupplemented water
sec.60 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.
s 60 amd 2014 SL No. 142 s 139
(sec.60-ssec.1) This section applies to a water licence to take unsupplemented water in force on the commencement of this plan.
(sec.60-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.61
Annual volumetric limit for taking unsupplemented water
sec.61 Annual volumetric limit for taking unsupplemented water
The annual volumetric limit to take unsupplemented water for a water licence mentioned in section 60 is the annual volumetric limit mentioned in section 55 or decided by the chief executive under that section as if the water licence were a water allocation.
s 61 sub 2014 SL No. 142 s 140
sec.62
Maximum rates for taking unsupplemented water
sec.62 Maximum rates for taking unsupplemented water
The maximum rate at which unsupplemented water may be taken under a water licence mentioned in section 60 is the maximum rate mentioned in section 57 or decided by the chief executive under that section as if the water licence were a water allocation.
s 62 sub 2014 SL No. 142 s 140
pt.5-div.8
sec.63
Section sec.63
s 63 om 2014 SL No. 142 s 141
sec.64
Section sec.64
s 64 om 2014 SL No. 142 s 141
pt.5-div.9
Miscellaneous
Miscellaneous
sec.65
Releasing water through fish ways
sec.65 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 in the resource operations plan must provide for the release.
sec.66
Section sec.66
s 66 om 2014 SL No. 142 s 142
pt.6
Monitoring and reporting requirements
Monitoring and reporting requirements
sec.67
Monitoring and reporting requirements
sec.67 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.
Also, a monitoring requirement for this plan is to monitor groundwater levels in the plan area.
Subsections (1) and (2) do not limit the monitoring requirements the chief executive may impose for this plan.
s 67 sub 2014 SL No. 142 s 143
(sec.67-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.67-ssec.2) Also, a monitoring requirement for this plan is to monitor groundwater levels in the plan area.
(sec.67-ssec.3) Subsections (1) and (2) do 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.68
Section sec.68
s 68 sub 2014 SL No. 142 s 143
om 2016 SL No. 216 s 146 sch 20
sec.69
Section sec.69
s 69 om 2014 SL No. 142 s 143
sec.70
Section sec.70
s 70 om 2014 SL No. 142 s 143
pt.7
Implementing and amending this plan
Implementing and amending this plan
sec.71
Priorities for converting to, or granting, water allocations
sec.71 Priorities for converting to, or granting, water allocations
Each area described in schedule 11 is a priority area for this plan for the conversion to, or granting of, water allocations.
sec.72
Section sec.72
s 72 amd 2008 Act No. 34 s 751 sch 2
om 2014 SL No. 142 s 144
sec.73
Minor or stated amendment of plan— Act , s 57
sec.73 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.74
Amending or replacing plan
sec.74 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 this plan’s outcomes under 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
this plan’s ecological outcomes under section 10 or 11 are not being achieved; or
this plan is inconsistent with the SEQ regional plan.
(a) in relation to this plan’s outcomes under 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) this plan’s ecological outcomes under section 10 or 11 are not being achieved; or
(c) this 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
21
12
7
9
B
40
21
10
26
C
77
48
29
37
D
59
42
28
33
E
9
6
3
5
F
72
43
26
37
G
585
318
185
327
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
41
41
43
41
B
41
40
42
40
C
35
34
23
32
D
35
34
19
19
E
42
43
37
41
F
35
34
27
32
G
30
25
13
21
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
1
1
0
0
B
2
2
0
1
C
17
18
11
9
D
12
12
7
5
E
0
1
0
0
F
14
15
7
6
G
110
108
47
54
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
80
83
81
80
B
80
78
77
81
C
70
66
35
43
D
51
57
27
25
E
79
76
60
58
F
71
71
41
45
G
53
38
29
44
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
11–19
B
8–26
C
0–2
D
0–4
E
14–55
F
7–61
G
0–24
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
6–26
0–3
0–0
B
8–45
1–12
0–0
C
0–2
—
—
D
0–4
—
—
E
12–73
1–29
0–6
F
0–127
0–38
0–11
G
0–17
0–2
0–0
(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 21 12 7 9 B 40 21 10 26 C 77 48 29 37 D 59 42 28 33 E 9 6 3 5 F 72 43 26 37 G 585 318 185 327
(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 41 41 43 41 B 41 40 42 40 C 35 34 23 32 D 35 34 19 19 E 42 43 37 41 F 35 34 27 32 G 30 25 13 21
(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 1 1 0 0 B 2 2 0 1 C 17 18 11 9 D 12 12 7 5 E 0 1 0 0 F 14 15 7 6 G 110 108 47 54
(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 80 83 81 80 B 80 78 77 81 C 70 66 35 43 D 51 57 27 25 E 79 76 60 58 F 71 71 41 45 G 53 38 29 44
(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 11–19 B 8–26 C 0–2 D 0–4 E 14–55 F 7–61 G 0–24
(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 6–26 0–3 0–0 B 8–45 1–12 0–0 C 0–2 — — D 0–4 — — E 12–73 1–29 0–6 F 0–127 0–38 0–11 G 0–17 0–2 0–0
(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-sec
Section sch.6-sec
For water allocations in a high priority group in the Logan River Water Supply Scheme—
the monthly supplemented water sharing index be at least 95%; and
the extent to which it is less than 99% be minimised.
For water allocations in a medium priority group in the Logan River Water Supply Scheme—
the monthly supplemented water sharing index be at least 80%; and
the extent to which it is less than 85% be minimised.
(sch.6-sec-ssec.1) For water allocations in a high priority group in the Logan River Water Supply Scheme— the monthly supplemented water sharing index be at least 95%; and the extent to which it is less than 99% be minimised.
(sch.6-sec-ssec.2) For water allocations in a medium priority group in the Logan River Water Supply Scheme— the monthly supplemented water sharing index be at least 80%; and the extent to which it is less than 85% be minimised.
(a) the monthly supplemented water sharing index be at least 95%; and
(b) the extent to which it is less than 99% be minimised.
(a) the monthly supplemented water sharing index be at least 80%; and
(b) the extent to which it is less than 85% be minimised.
sch.6-pt.2
Unsupplemented water
Unsupplemented water
sch.6-sec-oc.2
Table 1
sch.6-sec-oc.2 Table 1
For water allocations in a water allocation group mentioned in table 1, column 1—
the mean unsupplemented water sharing index be at least the volume stated, for the group, in table 1, column 2; and
the extent to which the 70% unsupplemented water sharing index is less than the percentage stated, for the group, in table 1, column 3, be minimised; and
the 95% unsupplemented water sharing index be at least the percentage stated, for the group, in table 1, column 4.
Column 1
Column 2
Column 3
Column 4
Water allocation group
Mean unsupplemented water sharing index—volume in megalitres
70% unsupplemented water sharing index—
percentage
95% unsupplemented water sharing index—
percentage
8A
982
—
56
9A
285
—
99
1B
30
81
—
2B
156
83
—
3B
2,057
85
—
4B
417
79
—
5B
4,540
94
—
6B
6,241
90
—
7B
1,893
87
—
8B
9,192
83
—
9B
4,299
86
—
1C
23
—
—
3C
6,037
86
—
3D
486
87
—
4D
43
49
—
5D
129
89
—
6D
136
86
—
7D
1,176
81
—
8D
4,487
84
—
9D
2,036
81
—
(sch.6-sec-oc.2-ssec.1) For water allocations in a water allocation group mentioned in table 1, column 1— the mean unsupplemented water sharing index be at least the volume stated, for the group, in table 1, column 2; and the extent to which the 70% unsupplemented water sharing index is less than the percentage stated, for the group, in table 1, column 3, be minimised; and the 95% unsupplemented water sharing index be at least the percentage stated, for the group, in table 1, column 4. Column 1 Column 2 Column 3 Column 4 Water allocation group Mean unsupplemented water sharing index—volume in megalitres 70% unsupplemented water sharing index— percentage 95% unsupplemented water sharing index— percentage 8A 982 — 56 9A 285 — 99 1B 30 81 — 2B 156 83 — 3B 2,057 85 — 4B 417 79 — 5B 4,540 94 — 6B 6,241 90 — 7B 1,893 87 — 8B 9,192 83 — 9B 4,299 86 — 1C 23 — — 3C 6,037 86 — 3D 486 87 — 4D 43 49 — 5D 129 89 — 6D 136 86 — 7D 1,176 81 — 8D 4,487 84 — 9D 2,036 81 —
(a) the mean unsupplemented water sharing index be at least the volume stated, for the group, in table 1, column 2; and
(b) the extent to which the 70% unsupplemented water sharing index is less than the percentage stated, for the group, in table 1, column 3, be minimised; and
(c) the 95% unsupplemented water sharing index be at least the percentage stated, for the group, in table 1, column 4.
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 (Logan Basin) 2007 .
s 1 amd 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 13 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 .
See section 6 for information about the exact location of the plan area.
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
Main concepts
Environmental flow objectives (EFOs): Numerical targets set in schedule 5 for specified flow statistics at each of the seven nodes. These include the 50% daily flow, the 90% daily flow, daily flow below 1 ML, periods of no-flow ranging from one month to six months or more, mean annual flow, 1.5-year, 5-year and 20-year daily flow volumes, flow regime class, and annual proportional flow deviation (section 12). The EFOs are not aspirational; section 17 requires every allocation decision (other than water-permit decisions) to be consistent with them, and consistency is tested by IQQM simulation over the designated simulation period (section 18).
Water allocation security objectives (WASOs): Probability-based reliability standards set in schedule 6. For supplemented water, the monthly supplemented water sharing index must reach at least 95% for high-priority allocations and at least 80% for medium-priority allocations, with targets of 99% and 85% respectively treated as minimisation objectives. For unsupplemented water, class A allocations are measured on mean and 95% unsupplemented water sharing indices; class B, C and D allocations are measured on mean and 70% indices. Specific volume and percentage targets for every water allocation group (numbered 1 through 9, in classes A through D) are tabulated in schedule 6, part 2.
Water allocation groups: The plan assigns every water allocation to a group (class A, B, C or D, identified by subcatchment area number) depending on the purpose and nature of the underlying authorisation. Class A covers town water supply; class B covers metered irrigation or volumetrically capped authorisations; class C covers other authorisations within the Logan River Water Supply Scheme; class D covers the remainder (section 59 and schedule 10).
Supplemented versus unsupplemented water: Supplemented water is drawn from the Logan River Water Supply Scheme infrastructure; unsupplemented water is taken directly from watercourses or lakes without infrastructure augmentation. The two streams have separate allocation groups, separate security objectives, and separate performance indicators.
Unallocated water reserves: Surplus water not yet allocated sits in one of three reserves. The general reserve can be granted under a process in the resource operations plan as unsupplemented water entitlements, with mandatory statement of purpose, annual volumetric limit, maximum rate, and flow conditions (section 25). The strategic reserve is restricted to infrastructure for State-significant projects declared under the State Development and Public Works Organisation Act 1971 or infrastructure identified in the SEQ regional plan or a regional water security program (section 27). The town water supply reserve allows the water grid manager to take up to 150 ML annually from Canungra Creek by water licence (section 29).
Nodes: Seven monitoring points (A through G) on watercourses, whose locations are shown in schedule 1 and described in schedule 4. All EFOs are expressed as per-node targets. Node G, on the lower Logan, has the highest pre-development 50% daily flows: 585 ML in February to April.
IQQM: The Integrated Quantity and Quality Model, a computer simulation program used to assess whether any proposed allocation decision would cause the plan area to fail its EFOs or WASOs. An alternative method may be approved by the chief executive only if it is at least as accurate (section 18(3)).
Who it affects
Existing licence and authorisation holders: Anyone who held a water licence, authority or other authorisation to take water in the Logan Basin at commencement had their entitlement translated into the new framework. The conversion process (division 6) determines their nominal volume, annual volumetric limit, and maximum rate. Holders of irrigation-area authorisations face a specific formula: annual volumetric limit is capped at 6 ML per irrigated hectare (section 55(1)(b)). That cap is binding regardless of what the holder may have historically taken.
Irrigators and rural water users: The four water allocation classes span irrigators (typically class B), stock and domestic users (typically class D), and town supply (class A). Class B holders generally face a 70% water sharing index target, meaning in aggregate they can expect to receive their full nominal volume in about 70% of months. That is a meaningful reliability ceiling, not a guarantee.
Local governments and water utilities: Class A allocations carry the highest security (95% water sharing index minimum). The town water supply reserve on Canungra Creek (up to 150 ML) is specifically for the water grid manager. Local governments and government agencies supplying water from operations already in existence at commencement are carved out of the section 16 decision framework for new entitlements (section 16(b)).
Water infrastructure operators: Operators of dams and weirs must comply with operating arrangements decided by the chief executive under section 44, which requires consideration of water quality, instream levels, bank erosion, riparian vegetation, artificial flow variation effects, fish passage, inter-watercourse transfers, and fish mortality risk. Where fish ways exist in a dam or weir, the resource operations plan must provide for environmental releases through those fish ways (section 65).
Developers and proponents of new water use: Section 19 effectively closes the plan area to new net water authorisations. New entitlements can only come from unallocated water reserves (strategic or general), and the strategic reserve is restricted to declared significant projects or SEQ-plan infrastructure. Private developers seeking general irrigation or industrial water in a fully allocated subcatchment have no viable path to new entitlement except through the market in existing allocations.
Traditional owners: The plan recognises water-related cultural use by traditional owners as a general outcome (section 10(g)) and requires the chief executive to consider cultural values, including traditional owner values, when deciding on waterhole and lake extractions (section 20(3)(a)(vi)) and when assessing unallocated water grants (section 23(1)(c)(vii)).
Key duties and rights
The chief executive carries the bulk of operative duties. Under section 17, every relevant allocation or management decision must be tested for consistency with the EFOs and WASOs. Under section 19, the chief executive is barred from raising total authorised volumes, and that prohibition extends to applications lodged before commencement but not yet decided. Under section 20, the chief executive cannot grant a licence, permit or allocation to take from a waterhole or lake without either imposing a condition maintaining the waterhole's cultural or environmental values or being satisfied the taking will cause no adverse effect; the illustrative condition offered by the plan is that water may be taken only when the water level in the waterhole is above 0.1 metres below the natural overflow level.
Under section 23, when dealing with unallocated water, the chief executive must consider: the need for and efficiency of present and proposed uses; emerging requirements; alternative sources such as recycled water; the availability of an alternative supply; impacts on water quality, estuarine areas, habitats, fish movement, sediment transport, recreation, and cultural values; the likelihood of adverse groundwater effects or land/downstream degradation; consistency with the SEQ regional plan, any system operating plan, and any regional water security program; and, where the relevant process includes a public auction or tender, the price offered (section 23(1)(a)-(f)).
Under section 44, when deciding operating arrangements for water infrastructure, the chief executive must consider water quality, instream levels, bank and bed erosion, riparian vegetation, artificial flow variation, recreation, cultural values, fish passage, inter-watercourse transfer effects, fish kill risk, joint operation of all infrastructure, and any system operating plan or regional water security program.
The right held by allocation holders is expressed probabilistically: the plan protects the probability of obtaining water rather than guaranteeing delivery (section 10(c)). The WASOs translate that into specific index targets per group. A class A holder has a right to the state taking decisions that keep the 95% unsupplemented water sharing index at or above the schedule 6 value. A class B, C or D holder has an equivalent right with the 70% index. This matters in litigation: whether an allocation decision has breached the plan turns on simulation outcomes, not on whether water actually reached the pump.
Section 74 triggers a plan-review obligation if the Minister is satisfied that entitlements are insufficient to meet needs (after considering efficiency improvements and alternatives), that there are economically viable and ecologically sustainable uses for additional water, that ecological outcomes under sections 10 or 11 are not being achieved, or that the plan is inconsistent with the SEQ regional plan. The review obligation is conditional on satisfaction of each limb; it does not operate automatically.
Penalties and enforcement
The Water Plan (Logan Basin) 2007 does not itself create offences or prescribe penalties. It is a water plan under the Water Act; enforcement, including penalties for taking water without authorisation, exceeding volumetric limits, breaching licence conditions, or interfering with water without authority, is a matter for the parent Act. The plan's operative sections create duties on the chief executive and conditions for the exercise of discretions. A decision made in breach of section 17 (inconsistency with EFOs or WASOs), section 19 (increasing total authorised volume), or section 20 (waterhole extraction without conditions or satisfaction) would be unlawful under the Water Act's framework for implementing water plans, but the remedy would typically be judicial review of the decision rather than a penalty imposed under the plan itself.
Infrastructure operators are subject to monitoring and reporting requirements that the resource operations plan must specify (section 67), and groundwater-level monitoring in the plan area is a statutory requirement under section 67(2). Failure to comply with reporting obligations or operating conditions imposed under an approved system operating plan would engage the enforcement provisions of the Water Act.
How it interacts with other laws
The plan operates under the Water Act (Queensland) and must be read with the resource operations plan for the Logan Basin, which is the implementing instrument for conversion processes, operating arrangements, and monitoring requirements that the water plan delegates rather than specifies directly.
Section 8(b), as amended, excludes springs connected to the Great Artesian Basin system, which now fall under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017. There is therefore a boundary question for any spring user as to which plan applies; digital boundaries held by the department (section 6) govern.
Section 27 restricts the strategic reserve to projects declared under the State Development and Public Works Organisation Act 1971, section 26, or infrastructure identified in the SEQ regional plan or a regional water security program. Access to strategic reserve water thus depends on decisions made under a separate statutory regime.
The SEQ regional plan is directly incorporated as a consistency requirement: unallocated water grants must be consistent with it (section 23(1)(e)), infrastructure operating arrangements must be consistent with it (section 44(1)(g)), and inconsistency with it is one of the three triggers for plan review (section 74(c)). This means amendments to the SEQ regional plan can alter the effective content of the water plan's obligations without amending the water plan itself.
The plan explicitly includes consistency with a "regional water security program for the SEQ region" as a consideration at multiple points (sections 23, 27, 44, 74). That program is a separate instrument and any changes to it flow through to the water plan's decision-making framework.
Amendment history
The source records the following amendments to the plan:
Section 1 (short title) was amended by the Water Reform and Other Legislation Amendment Act 2014 (Act No. 64 of 2014), schedule 2.
Section 8 (water to which plan applies) was amended by SL No. 216 of 2016, schedule 20, and then again by SL No. 164 of 2017, section 99, to update the reference to the Great Artesian Basin water plan.
Section 16 (application of division 1) was amended by Act No. 34 of 2008, schedule 2.
Section 19 (decisions not to increase water taken) was amended by Act No. 34 of 2008, schedule 2.
Section 29 (town water supply reserve) was amended by Act No. 34 of 2008.
A substantial block of sections was omitted by SL No. 142 of 2014, section 130: sections 30 through 42 (which apparently covered division 3 operating arrangements) were all removed. Section 43, section 45, and section 50 through 52 were also omitted or amended by the same instrument. Sections 53, 54, 55, 57, 60, 61, 62, 67, and 71 through 72 received amendments or substitutions from the same 2014 instrument. Section 68 was substituted by SL No. 142 of 2014 and then omitted by SL No. 216 of 2016. Sections 44 and 56 were also amended or omitted by SL No. 142 of 2014.
The 2014 amendments appear to represent a significant restructuring of the division dealing with operating arrangements for water infrastructure and the conversion-of-authorisations framework, removing numerous sections whose content was likely relocated to or replaced by the resource operations plan. No further amendments after 2017 are recorded in the source.
Litigation history
The source text does not name any decided cases involving this water plan. No cases are cited anywhere in the instrument. Accordingly, no litigation history can be reported from the source.
Gotchas
The cap in section 19 applies to applications pending at commencement. Section 19(3) expressly extends the prohibition to applications lodged but not decided before the plan commenced. A water user who had an application in progress at commencement cannot assume it will be granted on its original terms if doing so would increase the total volume authorised across the plan area.
The waterhole trigger is 0.1 metres below natural overflow, not a fixed datum. Section 20(1)(b) illustrates the standard condition as allowing extraction only when the waterhole level is above the level that is 0.1 m below the natural overflow level. "Natural overflow level" is not a fixed number; it must be established for each waterhole. Disputes about what that level is will require evidence, and the chief executive has discretion to impose conditions rather than being limited to this illustrative example.
Nominal volume is not equal to annual volumetric limit. For unsupplemented water, the nominal volume (section 54) and the annual volumetric limit (section 55) are separately determined. The nominal volume feeds into the water sharing index calculation and the group volume cap in schedule 8; the annual volumetric limit is what the holder can actually take in a year. These can diverge. A holder who assumes nominal volume equals entitlement volume is wrong.
The 6 ML/ha cap on irrigation-area authorisations is a ceiling, not a default. Section 55(1)(b) provides that the annual volumetric limit for an authorisation stated in hectares is "not more than" the area times 6 ML/ha. The chief executive decides the actual limit having regard to efficient irrigation of the area. A holder cannot assume they will receive 6 ML/ha; they receive what the chief executive decides, subject to the ceiling.
The IQQM simulation governs, not observed flow. Consistency with EFOs and WASOs is tested against IQQM simulation results, not against measured flows in any given year. A dry year that causes a holder to receive less than their nominal volume does not, by itself, establish a breach of the plan. Conversely, a decision that IQQM simulation shows would degrade flow statistics at a node is non-compliant even if no actual harm has yet materialised.
Strategic reserve is not available for general private use. A developer seeking water for a private irrigation or industrial project cannot access the strategic reserve unless the project has been declared a significant project under the State Development and Public Works Organisation Act 1971, or the use is identified in the SEQ regional plan or a regional water security program. This is a structural constraint, not a licensing formality.
The "any" purpose on converted allocations creates flexibility but not unlimited use. Section 49 requires that the purpose stated on a water allocation converted from a prior authorisation be "any". This is a plan requirement for the conversion process. It does not mean a holder can use water for any purpose contrary to other laws or conditions imposed under the resource operations plan.
Plan-review threshold requires two conditions to be satisfied simultaneously. Section 74(a) triggers review only if both (i) entitlements are insufficient to meet needs and (ii) there are economically viable and ecologically sustainable uses for additional water. Neither limb alone is enough. A proponent arguing the plan should be revised because demand has grown still must show viable and sustainable uses exist.
How to comply
For existing authorisation holders awaiting conversion: Cooperate with the resource operations plan conversion process. Gather evidence of your actual annual volumes taken in the ten years before commencement and your pump capacity, because sections 54, 55 and 57 require the chief executive to have regard to those figures in setting your nominal volume, annual volumetric limit, and maximum rate. If you believe the chief executive's assessment of your pump's actual capacity differs from the schedule 9 default figure, you must affirmatively satisfy the chief executive of that difference (section 57(b)(i)).
For infrastructure operators: Ensure any resource operations plan or system operating plan covering your infrastructure addresses all the matters in section 44(1). If your dam or weir has fish ways, confirm that the environmental management rules in the resource operations plan provide for releases through those fish ways (section 65). Maintain records sufficient to meet the monitoring and reporting requirements the resource operations plan must specify under section 67.
For anyone proposing to take from a waterhole or lake: Do not assume a new or amended authorisation will be granted without conditions. The chief executive must either impose a condition maintaining cultural or environmental values, or be satisfied extraction will cause no adverse effect. In practice, expect a condition tying extraction to the waterhole level relative to its natural overflow point. Identify that overflow level with evidence before applying.
For prospective new water users: Investigate whether any unallocated water exists in the general reserve for your subcatchment before making investment decisions that depend on new water access. Check the resource operations plan for the available grant process. If no general reserve water is available, acquisition of an existing allocation on the open market is the only realistic path, since section 19 closes off the alternative of simply obtaining a new authorisation.
For monitoring compliance with EFOs and WASOs: The relevant test is the IQQM simulation, not metered delivery. Any party wishing to challenge or support a decision on compliance grounds should engage with the simulation outputs, not only with observed hydrological data. Keep records of the simulation periods and parameters applied to any decision that might be challenged.
For anyone seeking strategic reserve water: Confirm that your project has been declared a significant project under the State Development and Public Works Organisation Act 1971, section 26, or that the relevant infrastructure is identified in the current SEQ regional plan or a regional water security program. Absent one of those anchors, an application for strategic reserve water will not succeed regardless of the project's merit.
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 the following water in the plan area—
water in a watercourse or lake;
water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
s 8 amd 2016 SL No. 216 s 146 sch 20 ; 2017 SL No. 164 s 99
(a) water in a watercourse or lake;
(b) water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
pt.3 Outcomes for sustainable management of water
Outcomes for sustainable management of water
sec.9 Outcomes for water in the plan area
sec.9 Outcomes for water in the plan area
Water in the plan area 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 for particular parts of the plan area 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 for particular parts of the plan area mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes for particular parts of the plan area mentioned in section 11 .
(i) the general outcomes mentioned in section 10 ;
(ii) the ecological outcomes for particular parts of the plan area mentioned in section 11 .
sec.10 General outcomes for the plan area
sec.10 General outcomes for the plan area
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 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 during times of low water availability;
to support natural ecosystems by minimising changes to natural flow regimes;
to allow water-related cultural use of parts of the plan area by the traditional owners of the parts of the area;
to provide consistency with 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 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 during times of low water availability;
(f) to support natural ecosystems by minimising changes to natural flow regimes;
(g) to allow water-related cultural use of parts of the plan area by the traditional owners of the parts of the area;
(h) to provide consistency with the SEQ regional plan.
sec.11 Ecological outcomes for particular parts of the plan area
sec.11 Ecological outcomes for particular parts of the plan area
Each of the following is an ecological outcome for water in a particular part of the plan area—
for the Logan and Albert Rivers estuary—
to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and
to minimise changes to the brackish water habitat in the estuary;
for Canungra Creek, Christmas Creek, Running Creek, Palen Creek and Upper Logan River subcatchment areas, Albert River and its tributaries upstream of node F, Burnett Creek and its tributaries upstream of node A and Teviot Brook and its tributaries upstream of node E—
to minimise changes to the low flow regime of the watercourses; and
to minimise changes to the medium and high flow regime important to river forming processes;
for the Carbrook wetlands—to minimise changes to the flooding regime.
(a) for the Logan and Albert Rivers estuary— (i) to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and (ii) to minimise changes to the brackish water habitat in the estuary;
(i) to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and
(ii) to minimise changes to the brackish water habitat in the estuary;
(b) for Canungra Creek, Christmas Creek, Running Creek, Palen Creek and Upper Logan River subcatchment areas, Albert River and its tributaries upstream of node F, Burnett Creek and its tributaries upstream of node A and Teviot Brook and its tributaries upstream of node E— (i) to minimise changes to the low flow regime of the watercourses; and (ii) to minimise changes to the medium and high flow regime important to river forming processes;
(i) to minimise changes to the low flow regime of the watercourses; and
(ii) to minimise changes to the medium and high flow regime important to river forming processes;
(c) for the Carbrook wetlands—to minimise changes to the flooding regime.
(i) to minimise changes to the delivery of fresh water, sediment, nutrients and organic matter to the estuary and southern Moreton Bay; and
(ii) to minimise changes to the brackish water habitat in the estuary;
(i) to minimise changes to the low flow regime of the watercourses; and
(ii) to minimise changes to the medium and high flow regime important to river forming processes;
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, the following—
50% daily flow;
90% daily flow;
daily flow less than 1ML;
number of periods of no flow of at least 1 month but less than 3 months;
number of periods of no flow of at least 3 months but less than 6 months;
number of periods of no flow of at least 6 months; and
for assessing periods of medium to high flow, the following—
mean annual flow;
1.5 year daily flow volume;
5 year daily flow volume;
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, the following— (i) 50% daily flow; (ii) 90% daily flow; (iii) daily flow less than 1ML; (iv) number of periods of no flow of at least 1 month but less than 3 months; (v) number of periods of no flow of at least 3 months but less than 6 months; (vi) number of periods of no flow of at least 6 months; and
(i) 50% daily flow;
(ii) 90% daily flow;
(iii) daily flow less than 1ML;
(iv) number of periods of no flow of at least 1 month but less than 3 months;
(v) number of periods of no flow of at least 3 months but less than 6 months;
(vi) number of periods of no flow of at least 6 months; and
(b) for assessing periods of medium to high flow, the following— (i) mean annual flow; (ii) 1.5 year daily flow volume; (iii) 5 year daily flow volume; (iv) 20 year daily flow volume; and
(i) mean annual flow;
(ii) 1.5 year daily flow volume;
(iii) 5 year daily flow volume;
(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;
(ii) 90% daily flow;
(iii) daily flow less than 1ML;
(iv) number of periods of no flow of at least 1 month but less than 3 months;
(v) number of periods of no flow of at least 3 months but less than 6 months;
(vi) number of periods of no flow of at least 6 months; and
(i) mean annual flow;
(ii) 1.5 year daily flow volume;
(iii) 5 year daily flow volume;
(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—
for water allocations in a class A water allocation group—
mean unsupplemented water sharing index; and
95% unsupplemented water sharing index; and
for water allocations in a class B, C or D water allocation group—
mean unsupplemented water sharing index; and
70% unsupplemented water sharing index.
See section 59 for the water allocations in particular water allocation groups.
(a) for taking supplemented water—monthly supplemented water sharing index; and
(b) for taking unsupplemented water— (i) for water allocations in a class A water allocation group— (A) mean unsupplemented water sharing index; and (B) 95% unsupplemented water sharing index; and (ii) for water allocations in a class B, C or D water allocation group— (A) mean unsupplemented water sharing index; and (B) 70% unsupplemented water sharing index. Note— See section 59 for the water allocations in particular water allocation groups.
(i) for water allocations in a class A water allocation group— (A) mean unsupplemented water sharing index; and (B) 95% unsupplemented water sharing index; and
(A) mean unsupplemented water sharing index; and
(B) 95% unsupplemented water sharing index; and
(ii) for water allocations in a class B, C or D water allocation group— (A) mean unsupplemented water sharing index; and (B) 70% unsupplemented water sharing index. Note— See section 59 for the water allocations in particular water allocation groups.
(A) mean unsupplemented water sharing index; and
(B) 70% unsupplemented water sharing index.
(i) for water allocations in a class A water allocation group— (A) mean unsupplemented water sharing index; and (B) 95% unsupplemented water sharing index; and
(A) mean unsupplemented water sharing index; and
(B) 95% unsupplemented water sharing index; and
(ii) for water allocations in a class B, C or D water allocation group— (A) mean unsupplemented water sharing index; and (B) 70% unsupplemented water sharing index. Note— See section 59 for the water allocations in particular water allocation groups.
(A) mean unsupplemented water sharing index; and
(B) 70% unsupplemented water sharing index.
(A) mean unsupplemented water sharing index; and
(B) 95% unsupplemented water sharing index; and
(A) mean unsupplemented water sharing index; and
(B) 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—
for water allocations to take supplemented water— schedule 6 , part 1 ; and
for water allocations to take unsupplemented water— schedule 6 , part 2 .
(a) for water allocations to take supplemented water— schedule 6 , part 1 ; and
(b) for water allocations to take unsupplemented water— schedule 6 , part 2 .
pt.5 Strategies for achieving outcomes
Strategies for achieving outcomes
pt.5-div.1 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 supply under operations that were in existence on the commencement of this plan.
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 a
This is an opening excerpt, not the complete document.