This plan sets how surface water and groundwater are allocated and managed in the Mitchell plan area. The chief executive decides environmental and water‑sharing rules (including licence purposes, maximum rates and daily/annual volumes), creates reserves for unallocated water (indigenous, strategic, general) with fixed volumetric caps, and controls approvals for impoundments, overland flow works and declared groundwater. It affects water users, landowners with bores or storage works, and the State as licence‑grantor: users must obtain licences, meet conditions and report or limit take as specified (see ss.18–19, 23–34, 36–56, 60–66).
This instrument sets out the resource operations plan strategies and rules that apply to both surface water and groundwater, and then layers additional, area- and source-specific rules on top of that baseline. Mechanically, it does the following.
Establishes mandatory matters the chief executive must consider when deciding environmental management rules to include in the resource operations plan, listing specific hydrological, geomorphological, ecological, cultural and recreational values (section 18(1)). The list includes streamflow connectivity, wetted riffles, seasonality and zero flows, refuge pool replenishment, groundwater contributions to surface flows, lateral connectivity to floodplains, and a set of impacts to be assessed such as water quality, sediment movement, bed and bank condition, inundation of habitats, movement of aquatic fauna, recreation/aesthetic values and cultural values (sec.18(1)(a)-(b)).
Requires the chief executive to consider specified matters when deciding water sharing rules for authorisations to take water, including existing arrangements, local availability from different sources (streamflow, waterholes, bed sands, aquifers), conditions and volumetric limits decided elsewhere in the plan, and impacts on existing authorisations (sec.19(1)).
Creates a threefold taxonomy for unallocated water reserves (indigenous, strategic, general) and fixes where each applies, including an explicit rule that unallocated water in the Mitchell River upstream of node 1 is held as a general reserve (sec.23). It prescribes volumetric caps for indigenous reserves in Cape York (total annual 5,000 ML, sec.28), for strategic reserves (total annual 10,000 ML, sec.30), and for general reserves (20,000 ML for Mitchell River upstream node 1, sec.33; 35,000 ML for other parts, sec.34). It limits indigenous unallocated water’s permissible purpose to assisting indigenous communities in the Cape York Peninsula Region area to achieve economic and social aspirations (sec.27).
Current sections
Direct links to the current provisions in Water Plan (Mitchell) 2007.
63
ch.4-pt.1
Strategies for both surface water and groundwater
Strategies for both surface water and groundwater
ch.4-pt.1-div.1
Preliminary
Preliminary
sec.16
Application of pt 1
sec.16 Application of pt 1
This part applies to both surface water and groundwater.
sec.17
Section sec.17
s 17 om 2014 SL No. 142 s 166
sec.18
Matters to be considered for environmental management rules
sec.18 Matters to be considered for environmental management rules
In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider—
the streamflows required to maintain the following—
the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
the wetted habitats at riffles and other streambed features;
the natural seasonality of flows and zero flows;
the replenishment of refuge pools that enable movement of instream biota;
groundwater flows;
the contributions from aquifers to the flow of water in watercourses;
the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
the impact the taking of, or proposed taking of, or interfering with, water may have on the following—
water quality;
the natural movement of sediment;
the bed and banks of a watercourse or lake;
the inundation of habitats;
the movement of fish and other aquatic animals;
the recreation and aesthetic values of the plan area;
cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.18-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(sec.18-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) the inundation of habitats; (v) the movement of fish and other aquatic animals; (vi) the recreation and aesthetic values of the plan area; (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) water quality;
(ii) the natural movement of sediment;
(iii) the bed and banks of a watercourse or lake;
(iv) the inundation of habitats;
(v) the movement of fish and other aquatic animals;
(vi) the recreation and aesthetic values of the plan area;
(vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) water quality;
(ii) the natural movement of sediment;
(iii) the bed and banks of a watercourse or lake;
(iv) the inundation of habitats;
(v) the movement of fish and other aquatic animals;
(vi) the recreation and aesthetic values of the plan area;
(vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
sec.19
Matters to be considered for water sharing rules
sec.19 Matters to be considered for water sharing rules
In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider—
any existing water sharing arrangements; and
the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and
the conditions for taking water decided under section 43 , 50 or 51 ; and
the daily volumetric limits decided under section 48 ; and
the annual volumetric limits decided under section 49 or 63 ; and
the impact on authorisations to take water in the plan area; and
for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.19-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and the conditions for taking water decided under section 43 , 50 or 51 ; and the daily volumetric limits decided under section 48 ; and the annual volumetric limits decided under section 49 or 63 ; and the impact on authorisations to take water in the plan area; and for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.
(sec.19-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) any existing water sharing arrangements; and
(b) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and
(c) the conditions for taking water decided under section 43 , 50 or 51 ; and
(d) the daily volumetric limits decided under section 48 ; and
(e) the annual volumetric limits decided under section 49 or 63 ; and
(f) the impact on authorisations to take water in the plan area; and
(g) for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.
ch.4-pt.1-div.2
Unallocated water
Unallocated water
sec.20
Section sec.20
s 20 om 2014 SL No. 142 s 167
sec.21
Section sec.21
s 21 om 2014 SL No. 142 s 167
sec.22
Projects that may be considered to be of regional significance
sec.22 Projects that may be considered to be of regional significance
The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area, having regard to the following—
the outcomes under chapter 3 ;
the economic or social impact the project will have on the region;
the public interest and the welfare of people in the region;
any other relevant matter.
(a) the outcomes under chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant matter.
sec.23
Unallocated water held as indigenous, strategic or general reserve
sec.23 Unallocated water held as indigenous, strategic or general reserve
Unallocated water in the Mitchell River upstream of node 1 is held as a general reserve.
Unallocated water in another part of the plan area is held as—
if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or
otherwise—either a strategic reserve or a general reserve.
(sec.23-ssec.1) Unallocated water in the Mitchell River upstream of node 1 is held as a general reserve.
(sec.23-ssec.2) Unallocated water in another part of the plan area is held as— if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or otherwise—either a strategic reserve or a general reserve.
(a) if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or
(b) otherwise—either a strategic reserve or a general reserve.
sec.24
Section sec.24
s 24 om 2014 SL No. 142 s 168
sec.25
Preparing and implementing process in resource operations plan generally
sec.25 Preparing and implementing process in resource operations plan generally
Unallocated water may be dealt with only under a process in the resource operations plan.
In preparing and implementing the process, the chief executive must consider the following—
the purpose for which the water is required;
the efficiency of existing and proposed water use practices;
the extent to which water in the plan area is being taken under authorisations;
the availability of an alternative water supply for the purpose for which the water is required;
the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;
whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
the matters mentioned in section 18 (1) (a) and (b) .
The resource operations plan must state that use, for irrigation, of water taken under a water licence granted under the process requires a land and water management plan approved under section 77 of the Act .
Subsection (1) does not limit the matters the chief executive may consider.
(sec.25-ssec.1) Unallocated water may be dealt with only under a process in the resource operations plan.
(sec.25-ssec.2) In preparing and implementing the process, the chief executive must consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water in the plan area is being taken under authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section 18 (1) (a) and (b) .
(sec.25-ssec.3) The resource operations plan must state that use, for irrigation, of water taken under a water licence granted under the process requires a land and water management plan approved under section 77 of the Act .
(sec.25-ssec.4) Subsection (1) does not limit the matters the chief executive may consider.
(a) the purpose for which the water is required;
(b) the efficiency of existing and proposed water use practices;
(c) the extent to which water in the plan area is being taken under authorisations;
(d) the availability of an alternative water supply for the purpose for which the water is required;
(e) the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;
(f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
(g) the matters mentioned in section 18 (1) (a) and (b) .
sec.26
Section sec.26
s 26 om 2014 SL No. 142 s 169
sec.27
Purpose for which indigenous unallocated water may be granted
sec.27 Purpose for which indigenous unallocated water may be granted
Unallocated water held as an indigenous reserve ( indigenous unallocated water ) may be granted only for helping indigenous communities in the Cape York Peninsula Region area to achieve their economic and social aspirations.
sec.28
Volumetric limits for indigenous unallocated water
sec.28 Volumetric limits for indigenous unallocated water
The total of the annual volumetric limits for all water licences to take indigenous unallocated water from the Cape York Peninsula Region area is 5,000ML.
sec.29
Purpose for which strategic unallocated water may be granted
sec.29 Purpose for which strategic unallocated water may be granted
Unallocated water held as a strategic reserve ( strategic unallocated water ) may be granted only if it is to be taken for a State purpose.
sec.30
Volumetric limits for strategic unallocated water
sec.30 Volumetric limits for strategic unallocated water
The total of the annual volumetric limits for all water licences to take strategic unallocated water is 10,000ML.
sec.31
Period for which strategic unallocated water is granted for particular State purpose
sec.31 Period for which strategic unallocated water is granted for particular State purpose
This section applies to water licences to take strategic unallocated water granted for either of the following State purposes—
a project of State significance;
a project of regional significance.
Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.
(sec.31-ssec.1) This section applies to water licences to take strategic unallocated water granted for either of the following State purposes— a project of State significance; a project of regional significance.
(sec.31-ssec.2) Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.
(a) a project of State significance;
(b) a project of regional significance.
sec.32
Purpose for which general unallocated water may be granted
sec.32 Purpose for which general unallocated water may be granted
Unallocated water held as a general reserve ( general unallocated water ) may be granted for any purpose.
sec.33
Volumetric limits for general unallocated water in Mitchell River upstream of node 1
sec.33 Volumetric limits for general unallocated water in Mitchell River upstream of node 1
The total of the annual volumetric limits for all water licences to take general unallocated water from the Mitchell River upstream of node 1 is 20,000ML.
sec.34
Volumetric limits for general unallocated water in other parts of plan area
sec.34 Volumetric limits for general unallocated water in other parts of plan area
The total of the annual volumetric limits for all water licences to take general unallocated water from a part of the plan area other than the Mitchell River upstream of node 1 is 35,000ML.
ch.4-pt.2
Additional strategies for surface water
Additional strategies for surface water
ch.4-pt.2-div.1
Preliminary
Preliminary
sec.35
Application of pt 2
sec.35 Application of pt 2
The strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .
sec.36
Accepting and deciding particular applications to interfere with water
sec.36 Accepting and deciding particular applications to interfere with water
This section applies to the chief executive in making a decision about an application to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water.
The chief executive may accept and decide the application only if the purpose of the proposed interference or increase in interference is—
to store water for stock or domestic purposes; or
to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or
to store water for a purpose not related to the taking of water under a water entitlement.
community landscaping or retaining water for flood mitigation purposes
The chief executive may approve the application if—
the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and
the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to—
the impact the proposed interference or increase in interference may have on the following—
instream water levels;
the natural movement of sediment;
the bed and banks of a watercourse or lake;
riparian vegetation;
habitat for native plants and animals;
movement of fish and other aquatic species;
cultural and ecological values of the watercourse, waterhole, lake or spring; and
for a purpose mentioned in subsection (2) (a) —
existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
the availability of water at the proposed storage site.
However, the chief executive must not approve an application for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than—
for a purpose mentioned in subsection (2) (b) —10ML; or
for a purpose mentioned in subsection (2) (c) —250ML.
This section does not apply to an application about unallocated water.
In this section—
pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
(sec.36-ssec.1) This section applies to the chief executive in making a decision about an application to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water.
(sec.36-ssec.2) The chief executive may accept and decide the application only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or to store water for a purpose not related to the taking of water under a water entitlement. community landscaping or retaining water for flood mitigation purposes
(sec.36-ssec.3) The chief executive may approve the application if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site.
(sec.36-ssec.4) However, the chief executive must not approve an application for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) if the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML.
(sec.36-ssec.5) This section does not apply to an application about unallocated water.
(sec.36-ssec.6) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
(a) to store water for stock or domestic purposes; or
(b) to provide a pumping pool to enable water to be taken under an authorisation in existence at the commencement of this plan; or
(c) to store water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subsection (2) (c) — community landscaping or retaining water for flood mitigation purposes
(a) the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and
(b) the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site.
(i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
(A) instream water levels;
(B) the natural movement of sediment;
(C) the bed and banks of a watercourse or lake;
(D) riparian vegetation;
(E) habitat for native plants and animals;
(F) movement of fish and other aquatic species;
(G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
(ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site.
(A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
(B) the availability of water at the proposed storage site.
(i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
(A) instream water levels;
(B) the natural movement of sediment;
(C) the bed and banks of a watercourse or lake;
(D) riparian vegetation;
(E) habitat for native plants and animals;
(F) movement of fish and other aquatic species;
(G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
(ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site.
(A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
(B) the availability of water at the proposed storage site.
(A) instream water levels;
(B) the natural movement of sediment;
(C) the bed and banks of a watercourse or lake;
(D) riparian vegetation;
(E) habitat for native plants and animals;
(F) movement of fish and other aquatic species;
(G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
(A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
(B) the availability of water at the proposed storage site.
(a) for a purpose mentioned in subsection (2) (b) —10ML; or
(b) for a purpose mentioned in subsection (2) (c) —250ML.
sec.37
Restrictions on taking water from waterhole or lake
sec.37 Restrictions on taking water from waterhole or lake
This section applies to the chief executive in making a decision about a water licence to take surface water from a waterhole or lake.
The chief executive must—
consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake.
a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied—
the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.
(sec.37-ssec.1) This section applies to the chief executive in making a decision about a water licence to take surface water from a waterhole or lake.
(sec.37-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
(sec.37-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.
(a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
(b) impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
(a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
(b) for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.
ch.4-pt.2-div.2
Surface water that was groundwater in aquifers
Surface water that was groundwater in aquifers
sec.38
Application of div 2
sec.38 Application of div 2
This division applies to groundwater declared to be water in a watercourse under section 7 ( declared water ).
sec.39
Existing water licences for declared water
sec.39 Existing water licences for declared water
This section applies to an existing water licence to take declared water.
At the commencement of this plan, the licence is taken to be a water licence to take surface water.
The chief executive must amend the licence to ensure it is consistent with the requirements, under division 4 , applying to water licences to take surface water.
(sec.39-ssec.1) This section applies to an existing water licence to take declared water.
(sec.39-ssec.2) At the commencement of this plan, the licence is taken to be a water licence to take surface water.
(sec.39-ssec.3) The chief executive must amend the licence to ensure it is consistent with the requirements, under division 4 , applying to water licences to take surface water.
sec.40
Taking declared water using existing water bores authorised
sec.40 Taking declared water using existing water bores authorised
This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water.
The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan.
Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water—
after the notice is given; and
until the owner is granted a water licence under section 41 .
Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner.
In this section—
relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.
(sec.40-ssec.1) This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water.
(sec.40-ssec.2) The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan.
(sec.40-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section 41 .
(sec.40-ssec.4) Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner.
(sec.40-ssec.5) In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.
(a) after the notice is given; and
(b) until the owner is granted a water licence under section 41 .
sec.41
Granting water licences for authorities under s 40
sec.41 Granting water licences for authorities under s 40
The chief executive must, under section 212 of the Act , grant a water licence to take surface water to a person authorised under section 40 (3) to continue to take declared water.
The licence must be consistent with division 4 .
However, despite section 49 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section 40 .
(sec.41-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to take surface water to a person authorised under section 40 (3) to continue to take declared water.
(sec.41-ssec.2) The licence must be consistent with division 4 .
(sec.41-ssec.3) However, despite section 49 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section 40 .
ch.4-pt.2-div.3
sec.42
Section sec.42
s 42 om 2014 SL No. 142 s 170
sec.43
Section sec.43
s 43 om 2014 SL No. 142 s 170
ch.4-pt.2-div.4
Water licences to take or interfere with surface water
Water licences to take or interfere with surface water
sec.44
Application of div 4
sec.44 Application of div 4
This division applies to a water licence to take, or interfere with, surface water in a watercourse, lake or spring.
s 44 amd 2014 SL No. 142 s 171
sec.45
Water licence to take surface water
sec.45 Water licence to take surface water
A water licence to take surface water must state the following—
the purpose for which water may be taken under the licence;
the maximum rate at which water may be taken under the licence;
the daily volumetric limit for the licence;
the annual volumetric limit for the licence;
if a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.
(a) the purpose for which water may be taken under the licence;
(b) the maximum rate at which water may be taken under the licence;
(c) the daily volumetric limit for the licence;
(d) the annual volumetric limit for the licence;
(e) if a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.
sec.46
Purpose to be stated on water licence
sec.46 Purpose to be stated on water licence
The purpose stated on a water licence to take surface water must be—
if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
otherwise—‘any’.
(a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
(b) otherwise—‘any’.
sec.47
Maximum rates for taking surface water
sec.47 Maximum rates for taking surface water
The maximum rate at which surface water may be taken under a water licence is—
for a licence that states a maximum rate—the stated rate; and
for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence—
states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or
states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and
for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to—
the nature of the licence; and
an estimate or measurement of the rate at which water can be taken under the licence.
However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which surface water may be taken under the licence is the rate decided by the chief executive having regard to the following—
the conditions under which the water may be taken;
the water taking capacity of the pump to which the development permit relates (the existing pump );
the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
the efficiency of the water use mentioned in paragraph (c) .
(sec.47-ssec.1) The maximum rate at which surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence.
(sec.47-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .
(a) for a licence that states a maximum rate—the stated rate; and
(b) for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a maximum rate but for which a related development permit for the licence— (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and
(i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or
(ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and
(c) for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.
(i) the nature of the licence; and
(ii) an estimate or measurement of the rate at which water can be taken under the licence.
(i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 2; or
(ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 2; and
(i) the nature of the licence; and
(ii) an estimate or measurement of the rate at which water can be taken under the licence.
(a) the conditions under which the water may be taken;
(b) the water taking capacity of the pump to which the development permit relates (the existing pump );
(c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
(d) the efficiency of the water use mentioned in paragraph (c) .
sec.48
Daily volumetric limit for taking surface water
sec.48 Daily volumetric limit for taking surface water
The daily volumetric limit for a water licence to take surface water is—
for a licence that states a daily volumetric limit—the stated volume; and
for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit but for which a related development permit for the licence—
states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or
states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and
for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to—
the nature of the licence; and
an estimate or measurement of the rate at which water can be taken under the licence.
However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following—
the conditions under which the water may be taken;
the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;
the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
the efficiency of the water use mentioned in paragraph (c) .
The chief executive must ensure the daily volumetric limit for a water licence to take surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 47 .
(sec.48-ssec.1) The daily volumetric limit for a water licence to take surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit but for which a related development permit for the licence— states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence.
(sec.48-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .
(sec.48-ssec.3) The chief executive must ensure the daily volumetric limit for a water licence to take surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 47 .
(a) for a licence that states a daily volumetric limit—the stated volume; and
(b) for a licence, other than a licence mentioned in section 39 or granted under section 41 , that does not state a daily volumetric limit but for which a related development permit for the licence— (i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or (ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and
(i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or
(ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and
(c) for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.
(i) the nature of the licence; and
(ii) an estimate or measurement of the rate at which water can be taken under the licence.
(i) states a pump size mentioned in schedule 6 , column 1—the rate stated for the pump size in schedule 6 , column 3; or
(ii) states a pump size other than a pump size mentioned in schedule 6 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 6 , column 3; and
(i) the nature of the licence; and
(ii) an estimate or measurement of the rate at which water can be taken under the licence.
(a) the conditions under which the water may be taken;
(b) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;
(c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
(d) the efficiency of the water use mentioned in paragraph (c) .
sec.49
Annual volumetric limit for taking surface water
sec.49 Annual volumetric limit for taking surface water
The annual volumetric limit for a water licence to take surface water is—
for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—
for an upper Mitchell water licence—10; or
for another licence—12; and
for a licence other than a licence to which paragraph (a) or (b) applies—the volume decided by the chief executive having regard to the following—
the conditions under which water may be taken under the licence;
the water taking capacity of any works for taking water under the licence;
the volume of water required for the licence’s intended purpose;
the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the use of the water mentioned in subparagraph (iv) .
(a) for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
(b) for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for an upper Mitchell water licence—10; or (ii) for another licence—12; and
(i) for an upper Mitchell water licence—10; or
(ii) for another licence—12; and
(c) for a licence other than a licence to which paragraph (a) or (b) applies—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water taking capacity of any works for taking water under the licence; (iii) the volume of water required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the licence;
(ii) the water taking capacity of any works for taking water under the licence;
(iii) the volume of water required for the licence’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) for an upper Mitchell water licence—10; or
(ii) for another licence—12; and
(i) the conditions under which water may be taken under the licence;
(ii) the water taking capacity of any works for taking water under the licence;
(iii) the volume of water required for the licence’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
sec.50
Conditions for taking surface water generally
sec.50 Conditions for taking surface water generally
The chief executive may impose on a water licence to take surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.
In deciding the flow conditions under which water may be taken under an existing water licence to take surface water, the chief executive must have regard to the conditions already applying to the licence.
(sec.50-ssec.1) The chief executive may impose on a water licence to take surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.
(sec.50-ssec.2) In deciding the flow conditions under which water may be taken under an existing water licence to take surface water, the chief executive must have regard to the conditions already applying to the licence.
sec.51
Condition that must be imposed on upper Mitchell water licences
sec.51 Condition that must be imposed on upper Mitchell water licences
This section applies if an upper Mitchell water licence states the area that may be irrigated under the licence.
The chief executive must impose a condition on the licence to ensure the licence does not allow more than the prescribed volume of surface water to be taken during the period between 1 July and 31 December in a year.
In this section—
prescribed volume , for an upper Mitchell water licence, means 6.6ML for each hectare that may be irrigated under the licence.
(sec.51-ssec.1) This section applies if an upper Mitchell water licence states the area that may be irrigated under the licence.
(sec.51-ssec.2) The chief executive must impose a condition on the licence to ensure the licence does not allow more than the prescribed volume of surface water to be taken during the period between 1 July and 31 December in a year.
(sec.51-ssec.3) In this section— prescribed volume , for an upper Mitchell water licence, means 6.6ML for each hectare that may be irrigated under the licence.
sec.52
Condition about storing unsupplemented water taken under a water licence
sec.52 Condition about storing unsupplemented water taken under a water licence
Without limiting section 50 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.
In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.
(sec.52-ssec.1) Without limiting section 50 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence.
(sec.52-ssec.2) In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.
sec.53
Conditions giving effect to rules
sec.53 Conditions giving effect to rules
Subsection (2) applies to any environmental management rules or water sharing rules included in the resource operations plan.
The chief executive must—
amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and
impose conditions giving effect to the rules on water licences granted after the commencement.
(sec.53-ssec.1) Subsection (2) applies to any environmental management rules or water sharing rules included in the resource operations plan.
(sec.53-ssec.2) The chief executive must— amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and impose conditions giving effect to the rules on water licences granted after the commencement.
(a) amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and
(b) impose conditions giving effect to the rules on water licences granted after the commencement.
ch.4-pt.2-div.5
Regulation of overland flow water
Regulation of overland flow water
sec.54
Limitation on taking overland flow water— Act , s 20 (2)
sec.54 Limitation on taking overland flow water— Act , s 20 (2)
A person may not take overland flow water other than—
for stock or domestic purposes; or
for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or
under a water licence; or
overland flow water of not more than the amount necessary to satisfy the requirements of—
an environmental authority issued under the Environmental Protection Act 1994 ; or
a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
overland flow water that is contaminated agricultural run-off water; or
under an authority under section 55 .
In this section—
contaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.
A copy of the code is available on the department’s website.
s 54 amd 2013 Act No. 23 s 352 sch 1 pt 2
(sec.54-ssec.1) A person may not take overland flow water other than— for stock or domestic purposes; or for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or overland flow water that is contaminated agricultural run-off water; or under an authority under section 55 .
(sec.54-ssec.2) In this section— contaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.
(a) for stock or domestic purposes; or
(b) for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or
(c) under a water licence; or
(d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(e) overland flow water that is contaminated agricultural run-off water; or
(f) under an authority under section 55 .
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
sec.55
Taking water using particular existing overland flow works authorised
sec.55 Taking water using particular existing overland flow works authorised
This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 54 (1) (a) to (e) .
The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan.
Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow—
after the notice and information are given; and
until the owner is granted a water licence under the Act .
In this section—
existing overland flow works includes works that—
are a reconfiguration of existing overland flow works (the original works ); and
do not increase the average annual volume of water taken above the average annual volume taken using the original works.
(sec.55-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 54 (1) (a) to (e) .
(sec.55-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan.
(sec.55-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow— after the notice and information are given; and until the owner is granted a water licence under the Act .
(sec.55-ssec.4) In this section— existing overland flow works includes works that— are a reconfiguration of existing overland flow works (the original works ); and do not increase the average annual volume of water taken above the average annual volume taken using the original works.
(a) after the notice and information are given; and
(b) until the owner is granted a water licence under the Act .
(a) are a reconfiguration of existing overland flow works (the original works ); and
(b) do not increase the average annual volume of water taken above the average annual volume taken using the original works.
sec.56
Granting or amending water licences under the resource operations plan
sec.56 Granting or amending water licences under the resource operations plan
This section applies if the resource operations plan states a process for—
granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or
amending a water licence mentioned in paragraph (a) .
In following the process and granting or amending a water licence, the chief executive—
must consider—
the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and
the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
may consider the extent to which the works, immediately before the commencement, allowed—
the taking of other water under another authorisation; or
the storage of other water taken under another authorisation.
Subsection (2) does not limit the matters the chief executive may consider.
The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.
(sec.56-ssec.1) This section applies if the resource operations plan states a process for— granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or amending a water licence mentioned in paragraph (a) .
(sec.56-ssec.2) In following the process and granting or amending a water licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation.
(sec.56-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.
(sec.56-ssec.4) The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.
(a) granting, under section 212 of the Act , a water licence to replace an authority under section 55 (3) for existing overland flow works; or
(b) amending a water licence mentioned in paragraph (a) .
(a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
(i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and
(ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
(b) may consider the extent to which the works, immediately before the commencement, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.
(i) the taking of other water under another authorisation; or
(ii) the storage of other water taken under another authorisation.
(i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and
(ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
(i) the taking of other water under another authorisation; or
(ii) the storage of other water taken under another authorisation.
sec.57
Section sec.57
s 57 amd 2009 SL No. 280 s 188 ; 2011 Act No. 40 s 107 sch
om 2016 SL No. 216 s 146 sch 20
ch.4-pt.3
Additional strategies for groundwater
Additional strategies for groundwater
ch.4-pt.3-div.1
Preliminary
Preliminary
sec.58
Application of pt 3
sec.58 Application of pt 3
The strategies stated in this part apply to groundwater in addition to the strategies stated in part 1 .
sec.59
Section sec.59
s 59 amd 2009 SL No. 280 s 189 ; 2014 Act No. 29 s 156
om 2016 SL No. 216 s 146 sch 20
ch.4-pt.3-div.2
Strategies for Chillagoe groundwater management area
Strategies for Chillagoe groundwater management area
sec.60
Limitation on taking or interfering with water— Act , s 20 (2)
sec.60 Limitation on taking or interfering with water— Act , s 20 (2)
In the Chillagoe groundwater management area, a person may not take or interfere with groundwater other than—
for stock or domestic purposes; or
for monitoring the quality of the water or controlling the salinity of the water; or
under a water licence or water permit.
s 60 amd 2013 Act No. 23 s 352 sch 1 pt 2
(a) for stock or domestic purposes; or
(b) for monitoring the quality of the water or controlling the salinity of the water; or
(c) under a water licence or water permit.
sec.61
Water licence to take groundwater
sec.61 Water licence to take groundwater
A water licence to take groundwater in the Chillagoe groundwater management area must state—
the purpose for which the water may be taken under the licence; and
the annual volumetric limit for the licence.
Despite subsection (1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.
(sec.61-ssec.1) A water licence to take groundwater in the Chillagoe groundwater management area must state— the purpose for which the water may be taken under the licence; and the annual volumetric limit for the licence.
(sec.61-ssec.2) Despite subsection (1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.
(a) the purpose for which the water may be taken under the licence; and
(b) the annual volumetric limit for the licence.
sec.62
Purpose to be stated on water licence
sec.62 Purpose to be stated on water licence
The purpose stated on a water licence to take groundwater in the Chillagoe groundwater management area must be—
if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or
otherwise—‘any’.
(a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
(b) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or
(c) otherwise—‘any’.
sec.63
Amendment of water licences to state annual volumetric limit
sec.63 Amendment of water licences to state annual volumetric limit
This section applies to an existing water licence to take groundwater in the Chillagoe groundwater management area that does not state the maximum annual volume of water that may be taken under the licence.
The chief executive may, under section 217 of the Act , amend the licence to state an annual volumetric limit.
In deciding the annual volumetric limit, the chief executive must have regard to the following—
the conditions of the licence;
the efficiency of the current use of water having regard to industry best practice in efficient water use;
the impact the taking is having on—
the flow of water to watercourses or springs; and
groundwater levels;
the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;
the impact the taking is having on existing water entitlements and other authorities to take or interfere with water;
the availability of an alternative water supply for the purpose for which the water is being taken;
the total annual volumetric limits for water licences in the area;
if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.
(sec.63-ssec.1) This section applies to an existing water licence to take groundwater in the Chillagoe groundwater management area that does not state the maximum annual volume of water that may be taken under the licence.
(sec.63-ssec.2) The chief executive may, under section 217 of the Act , amend the licence to state an annual volumetric limit.
(sec.63-ssec.3) In deciding the annual volumetric limit, the chief executive must have regard to the following— the conditions of the licence; the efficiency of the current use of water having regard to industry best practice in efficient water use; the impact the taking is having on— the flow of water to watercourses or springs; and groundwater levels; the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003; the impact the taking is having on existing water entitlements and other authorities to take or interfere with water; the availability of an alternative water supply for the purpose for which the water is being taken; the total annual volumetric limits for water licences in the area; if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.
(a) the conditions of the licence;
(b) the efficiency of the current use of water having regard to industry best practice in efficient water use;
(c) the impact the taking is having on— (i) the flow of water to watercourses or springs; and (ii) groundwater levels;
(i) the flow of water to watercourses or springs; and
(ii) groundwater levels;
(d) the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;
(e) the impact the taking is having on existing water entitlements and other authorities to take or interfere with water;
(f) the availability of an alternative water supply for the purpose for which the water is being taken;
(g) the total annual volumetric limits for water licences in the area;
(h) if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.
(i) the flow of water to watercourses or springs; and
(ii) groundwater levels;
sec.64
Conditions for taking groundwater
sec.64 Conditions for taking groundwater
This section applies to a water licence to take groundwater in the Chillagoe groundwater management area granted after the commencement of this plan.
The chief executive may impose conditions on the licence requiring the holder of the licence—
to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and
to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.
(sec.64-ssec.1) This section applies to a water licence to take groundwater in the Chillagoe groundwater management area granted after the commencement of this plan.
(sec.64-ssec.2) The chief executive may impose conditions on the licence requiring the holder of the licence— to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.
(a) to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and
(b) to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.
sec.65
Taking water using existing water bores authorised
sec.65 Taking water using existing water bores authorised
The owner of an existing water bore in the Chillagoe groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan.
Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater—
after the notice is given; and
until the owner is granted a water licence under section 66 .
Subsections (1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner.
In this section—
relevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Chillagoe groundwater management area, means the annual volume of groundwater the owner was taking in the Chillagoe groundwater management area before 17 October 2003.
(sec.65-ssec.1) The owner of an existing water bore in the Chillagoe groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan.
(sec.65-ssec.2) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater— after the notice is given; and until the owner is granted a water licence under section 66 .
(sec.65-ssec.3) Subsections (1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner.
(sec.65-ssec.4) In this section— relevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Chillagoe groundwater management area, means the annual volume of groundwater the owner was taking in the Chillagoe groundwater management area before 17 October 2003.
(a) after the notice is given; and
(b) until the owner is granted a water licence under section 66 .
sec.66
Granting water licences for authorities under s 65
sec.66 Granting water licences for authorities under s 65
The chief executive must, under section 212 of the Act , grant a water licence to a person authorised under section 65 (2) to continue taking groundwater.
The licence must be consistent with this division.
(sec.66-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to a person authorised under section 65 (2) to continue taking groundwater.
(sec.66-ssec.2) The licence must be consistent with this division.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.4-pt.1 Strategies for both surface water and groundwater
Strategies for both surface water and groundwater
ch.4-pt.1-div.1 Preliminary
Preliminary
sec.16 Application of pt 1
sec.16 Application of pt 1
This part applies to both surface water and groundwater.
Section sec.17
s 17 om 2014 SL No. 142 s 166
sec.18 Matters to be considered for environmental management rules
sec.18 Matters to be considered for environmental management rules
In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider—
the streamflows required to maintain the following—
the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
the wetted habitats at riffles and other streambed features;
the natural seasonality of flows and zero flows;
the replenishment of refuge pools that enable movement of instream biota;
groundwater flows;
the contributions from aquifers to the flow of water in watercourses;
the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
the impact the taking of, or proposed taking of, or interfering with, water may have on the following—
water quality;
the natural movement of sediment;
the bed and banks of a watercourse or lake;
the inundation of habitats;
the movement of fish and other aquatic animals;
the recreation and aesthetic values of the plan area;
cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.18-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(sec.18-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
Water Plan (Mitchell) 2007 (Queensland) | Zoe
Requires that any dealing with unallocated water must occur under a process in the resource operations plan and sets the matters the chief executive must consider in that process (including purpose, efficiency, extent of existing take, alternative supplies, impacts on existing users and groundwater flows), and mandates that irrigation use of water granted under that process requires an approved land and water management plan (sec.25).
Imposes specific acceptance, decision and size constraints on applications to impound surface water (store or create pumping pools). The chief executive may accept and decide such applications only where the proposed purpose is one of a small list (stock/domestic, pumping pool for an existing authorisation, or non-entitlement storage such as community landscaping or flood mitigation), and must be satisfied the storage is necessary and no greater than required given listed environmental impacts; further numerical caps apply (10 ML for pumping pools tied to existing authorisations, 250 ML for non-entitlement storage), and the section excludes unallocated water (sec.36).
Provides transitional and conversion rules for declared groundwater that becomes surface water, including treating existing declared-water licences as surface-water licences and requiring amendment to comply with the division’s surface-water requirements (sec.39), and gives 1-year transitional continuance for owners of existing bores (with notice rules) pending grant of a licence under sec.41 (secs.40-41).
Sets content requirements for surface-water licences (purpose, maximum rate, daily and annual volumetric limits, conditions) and details how maximum rates, daily and annual volumes are to be determined where a licence does not expressly state them, often by reference to a related development permit’s pump size and an external schedule (schedule 6) or to chief executive discretion informed by evidence (secs.45-49). It also authorises the chief executive to impose conditions necessary to achieve the plan’s purposes and outcomes (sec.50), and to give effect to the plan’s environmental management and water sharing rules by amending existing licences and imposing conditions on new licences (sec.53).
Regulates overland flow water by restricting its taking except in enumerated circumstances (stock/domestic, works with capacity not more than 250 ML, under a licence, small volumes for environmental authorities/development permits, contaminated agricultural run-off, or under an authority under sec.55) and by referencing the Environmental Protection Act 1994’s Code for assessable development for operational works for taking overland flow water (sec.54). Owners of existing overland flow works may continue to take water for a year and may continue if they notify, subject to the resource operations plan process that may require engineer certification and considers historical average annual volumes (secs.55-56).
Adds groundwater-specific rules for the Chillagoe groundwater management area limiting taking/interference to stock/domestic, monitoring/salinity control or under licence/permit (sec.60). It requires groundwater licences in Chillagoe to state purpose and annual volumetric limits (sec.61), sets the permitted licence-purpose labels (rural, dewatering, any) (sec.62), allows amendment of existing licences to state annual volumetric limits on specified considerations (sec.63), permits imposing of conditions requiring provision of alternative supplies and monitoring activities (sec.64), and gives transitional continuance and mandatory grant requirements for existing bores similar to the surface-water regime (secs.65-66).
The instrument therefore reworks allocation, transition and permitting rules, replaces certain existing informal uses with a licensing regime subject to quantified caps and administrative discretion, establishes reserve categories with fixed caps, and embeds environmental and cultural considerations as mandatory decision criteria for the chief executive (see secs.18, 19, 23-34, 36, 39-41, 45-56, 60-66).
The text itself states specific policy purposes in places, for example restricting indigenous unallocated water to projects helping indigenous communities’ economic and social aspirations (sec.27) and allowing strategic unallocated water only for State purposes (sec.29). Those are expressed purposes in the statutory text and are therefore mechanical constraints on permissible grant decisions, not free-standing policy commentary.
Main concepts
This instrument is organised around a small number of recurring legal concepts that determine allocation, permissible use, transition of pre-existing uses, and the administrative decision-making framework.
Environmental management rules and mandatory considerations, sec.18. The chief executive must consider a specified set of hydrological, ecological and cultural matters when deciding environmental management rules to include in the resource operations plan (sec.18(1)(a)-(b)). The list is non-exhaustive (sec.18(2)). The mechanism is a hardwired decision checklist that narrows but does not eliminate discretion: the chief executive must have regard to those items, and may add others.
Water sharing rules and decision inputs, sec.19. For water sharing rules that govern authorisations to take water in parts of the plan area, the chief executive must consider existing sharing arrangements, local availability from different sources, the conditions and volumetric limits decided elsewhere in the plan (secs.43, 48-51, 63 referenced within sec.19), and impacts on authorisations and availability during dry seasons for named watercourses (sec.19(1)). This is a statutory demand to coordinate allocation settings across the plan.
Unallocated water classification and caps, secs.23-34. Unallocated water is placed in either indigenous, strategic or general reserves depending on location, with express volumetric ceilings for each category (secs.28, 30, 33, 34) and a location-specific rule for the Mitchell River upstream of node 1 (sec.23(1)). The instrument therefore converts unallocated resource into capped categories with eligibility rules: indigenous reserved water only for helping indigenous communities in Cape York (sec.27), strategic reserved water only for State purposes (sec.29), and general reserve for any purpose (sec.32).
Transitional continuance and mandatory grant/amendment pathways for existing users, secs.39-41, 40, 55-56, 65-66. Owners of existing bores or overland flow works may continue existing uses for a one-year window post-commencement and may extend continuance by notifying the chief executive in an approved form, pending grant of a licence under specified sections of the Act (secs.40-41, 55-56, 65-66). Existing declared-water licences are converted into surface-water licences and must be amended to be consistent with the surface-water division (sec.39). Transitional relevant annual volumetric limits are anchored to the volume taken before 17 October 2003 (secs.40(5), 63(3), 65(4)).
Quantified take controls expressed as maximum rate, daily volumetric limit, and annual volumetric limit, secs.45-49. A surface-water licence must state the purpose, maximum rate, daily and annual volumes and any conditions (sec.45). Where not stated, the chief executive determines rates and volumes by reference to pump size (schedule 6), development permits, historical estimates or measurements and licence-specific evidence (secs.47-49). Upper Mitchell licences are subject to a seasonal cap during 1 July to 31 December (sec.51).
Limits on physical works and storage for impounding surface water, sec.36. The chief executive may accept and decide impoundment applications only for a short list of purposes, including stock/domestic, pumping pools for existing authorisations, and non-entitlement storage, and must refuse or limit approval where the proposed capacity exceeds numerical caps (10 ML for pumping pools related to existing authorisations, 250 ML for non-entitlement storage) or where environmental impacts are not satisfactorily managed (sec.36).
Overland flow regulation and historical-use accounting, secs.54-56. Taking overland flow is restricted except in enumerated categories (sec.54). Owners of pre-existing overland flow works may continue to operate for a year and beyond on notice, but any grant or amendment under the resource operations plan must take account of average historical annual volumes and may require a registered professional engineer certificate specifying capacity and take rates (sec.56).
Groundwater-specific management in Chillagoe, secs.60-66. The Chillagoe groundwater management area is governed by limitations on taking/interfering except by licence or for monitoring/salinity control, mandatory statement of annual volumetric limits in licences (save dewatering exceptions), prescribed purpose labelling for licences (rural, dewatering, any), and factors the chief executive must consider in amending existing licences to state limits (sec.63).
Taken together, the main concepts create an allocation architecture built on reserve categorisation and caps, administrative discretion informed by express considerations and historical use metrics, quantified licence conditions (rate, daily and annual caps), transitional continuance rights with notification requirements, and limited permissions for impoundment and overland flow works.
Who it affects
The statutory provisions assign decision-making power to the chief executive and impose obligations and constraints that affect distinct groups. The text itself identifies these actors and how the rules change their rights and duties.
The chief executive, as decision-maker. The instrument repeatedly vests acceptance, grant, amendment and condition-setting powers in the chief executive. Examples include mandatory consideration lists for environmental management rules (sec.18), water sharing rules (sec.19), transacting unallocated water (sec.25), acceptance and approval of impoundment applications (sec.36), amendment of existing declared-water licences (sec.39), grant obligations (secs.41, 66) and the imposition of licence conditions to give effect to plan rules (sec.53). The chief executive thus pays the administrative cost of operationalising the plan and bears the political and technical responsibility for applying the statutory considerations.
Existing bore and overland flow owners. Owners of existing water bores that take declared water, and owners of existing overland flow works, have transition rights: a one-year uninterrupted continuance after commencement and an ability to extend continuance by giving notice in an approved form until the owner is granted a formal water licence (secs.40-41 for declared water bores; secs.55-56 for overland flow works; secs.65-66 for Chillagoe groundwater). However, continuance is limited by the “relevant annual volumetric limit” based on the volume taken before 17 October 2003 (secs.40(5), 65(4)).
Licence applicants and licence holders. Any person seeking a water licence to take or interfere with surface water or groundwater will be affected by the instrument’s content requirements (purpose, rate, daily and annual limits, sec.45), and by the chief executive’s power to impose conditions necessary to achieve the plan’s purposes (sec.50). Applicants for unallocated water under the plan’s process are constrained by reserve purposes (secs.27, 29, 32) and the volumetric ceilings (secs.28, 30, 33, 34). Licence holders face potential retrospective amendment where licences are converted or where rules require licence amendment to give effect to plan rules (sec.53).
Indigenous communities in Cape York. Indigenous unallocated water is expressly reserved only for helping indigenous communities in the Cape York Peninsula Region area to achieve economic and social aspirations (sec.27). The total annual volumetric cap for indigenous reserve licences is 5,000 ML (sec.28), so indigenous communities are both beneficiaries of an exclusive-purpose reserve and constrained by a fixed aggregate limit.
The State and proponents of State or regionally significant projects. Strategic unallocated water is permitted only for State purposes (sec.29) and water granted for projects of State or regional significance is granted only for the life of the project, with the right reverting to the State on conclusion (sec.31). The strategic reserve has a total annual cap of 10,000 ML (sec.30). The chief executive may consider whether a project is of regional significance by reference to outcomes under chapter 3, economic or social impact, public interest and welfare, and any other relevant matter (sec.22).
Landholders and neighbouring users potentially affected by groundwater drawdown or surface-water impoundment. The chief executive must consider impacts on existing water users and groundwater flows in the unallocated water process (sec.25), and may impose conditions on groundwater licences requiring an access and maintenance of alternative water supplies for persons who would be significantly adversely affected (sec.64(2)(a)). Licence applicants should expect requirements to mitigate third-party impacts.
Environmental and cultural stakeholders. Environmental outcomes and cultural values are explicitly on the statutory checklist for environmental management rules (sec.18(1)(a)-(b)) and the chief executive must consider cultural or ecological impacts of taking from waterholes or lakes and impose maintenance conditions unless satisfied no adverse effect or economic hardship occurs for an existing licence holder (sec.37).
Developers and planning authorities. The instrument references development permits and the Environmental Protection Act 1994 in relation to overland flow water and contaminated agricultural run-off (sec.54). Where a related development permit states a pump size, that device influences maximum rates and daily limits (secs.47-48), therefore planning decisions and development permit content have an operational effect on subsequent water licence conditions.
Financial incidence and who pays. The statutory architecture places compliance costs on licence applicants and holders , they must provide notice, information, possibly a registered professional engineer certificate, and meet conditions such as monitoring and potentially provide alternative supplies for affected persons (secs.25, 56, 64). The administrative cost falls on the chief executive and the department in making decisions and enforcing conditions. Reserve caps create competition for scarce annual volumetric entitlements (secs.28, 30, 33, 34); where demand approaches caps, applicants will bear the cost of competing for allocations.
Key duties and rights
The instrument establishes specific duties for the chief executive and for licence applicants and holders, and confers limited rights on existing users and particular communities.
Duties of the chief executive
Consider mandatory matters in environmental management rules (sec.18). The chief executive must consider the enumerated hydrological, ecological, sedimentary, bed/bank, inundation, biotic movement, recreational, aesthetic and cultural matters before deciding environmental management rules (sec.18(1)).
Consider specified matters in water sharing rules (sec.19). The chief executive must have regard to existing water sharing arrangements, local availability (streams, waterholes, bed sands, aquifers), certain conditions and volumetric limits elsewhere in the plan, impacts on authorisations, and availability during dry seasons for named watercourses (sec.19(1)).
Limit acceptance and approval of impoundment/interference applications to specific purposes and capacity bounds, and weigh listed environmental effects when assessing necessity and appropriate storage capacity (sec.36(2)-(4)). Numerical caps (10 ML and 250 ML) are mandatory ceilings for certain purposes (sec.36(4)).
Grant or amend licences consistent with plan divisions, including mandatory grant of licences to persons authorised under specified transitional provisions (secs.41, 66). Section 41 requires the chief executive to grant a surface-water licence under the Act to persons authorised under sec.40(3), and sec.66 imposes a similar obligation for Chillagoe groundwater (sec.66(1)).
Amend existing licences and impose conditions to give effect to environmental management and water sharing rules included in the plan (sec.53).
Where the resource operations plan sets a process for replacing authorities for existing overland flow works, the chief executive must consider historical average annual take and may require engineer certification of works capacity and take rates (sec.56).
Duties on licence holders and applicants
Provide notice and information to rely on transitional continuance or to continue operation pending grant, in the approved form (secs.40(3), 55(3), 65(2)).
Where licences are issued, comply with the licence terms as to purpose, maximum rate, daily and annual volumetric limits and any conditions (sec.45). The chief executive may specify works that may be used to store unsupplemented water under a licence (sec.52).
Where taking from waterholes or lakes is authorised, expect the chief executive to consider cultural and ecological impacts and to impose conditions to maintain those values unless there is no adverse effect or imposition would cause economic hardship to an existing licence holder (sec.37).
For unallocated water granted for irrigation, obtain and keep an approved land and water management plan under s.77 of the Act (sec.25(3)).
For overland flow works being formalised under the plan, supply a registered professional engineer’s certificate if the chief executive requires it, showing capacity and take rates (sec.56(4)).
Rights of existing users and particular groups
Transitional continuation for owners of existing bores and overland flow works for one year after commencement, with an extension if they give notice and relevant information in the approved form until the licence is granted (secs.40(2)-(3), 55(2)-(3), 65(1)-(2)).
Existing declared-water licences are converted to surface-water licences at commencement and must be amended to comply with surface-water division requirements (sec.39).
Indigenous communities in Cape York hold an exclusive-purpose reserve for unallocated water, and licences from that indigenous reserve must be for purposes helping their economic and social aspirations (secs.23(2)(a), 27), subject to the aggregate annual cap (sec.28).
Holders whose historical use is the baseline for "relevant annual volumetric limit" have the right to receive a licence with an annual volumetric limit equal to that historical volume where specified (sec.41(3) for declared water owners).
Operational constraints and conditional rights
Strategic unallocated water is strictly for State purposes (sec.29) and water granted for State or regionally significant projects is limited to the life of the project, reverting to the State thereafter (sec.31).
Upper Mitchell licences that specify irrigated area must be conditioned to ensure take between 1 July and 31 December does not exceed 6.6 ML per hectare (sec.51). This is an express seasonal constraint.
Overland flow taking is broadly restricted and any permitted continued use of existing works will face scrutiny against historical averages and may be limited by the chief executive when formalising rights (secs.54-56).
The combined effect is a regime that converts many de facto uses into rights that require formal licences, imposes substantive content and measurement obligations on licences (rate, daily, annual volumes), and places statutory constraints and consideration lists on administrative decision-making.
Penalties and enforcement
The provided text does not set out standalone offence provisions or explicit monetary penalties in this part of the plan text. Instead, the instrument creates an administrative architecture that enables regulatory control through licensing, conditions, mandatory consideration of environmental and cultural impacts, and transitional notification and certification requirements. Enforcement and penalty mechanisms are therefore indirect in this text and reference other provisions of "the Act" for statutory grant and amendment mechanisms.
Mechanisms in the text that support enforcement or compliance
Licence conditions and amendment powers. The chief executive’s repeated power to impose conditions on licences (secs.50, 52, 53, 64) functions as a direct regulatory instrument. Compliance with licence conditions is the usual avenue for enforcement under the broader statute; non‑compliance with licence conditions typically allows the regulator to take action under the Act (the text here requires conditions but does not itself specify the enforcement steps).
Mandatory conversion and amendment. Existing declared-water licences are to be amended to be consistent with the surface-water division (sec.39), and the chief executive must amend licences to give effect to plan rules (sec.53). The statute therefore creates a legal duty for licence-holders to accept amended terms; failure to comply with an amendment process will engage the Act’s licence enforcement machinery, which is outside the text provided.
Transitional notice and information requirements. Owners relying on transitional continuance must give notice in the approved form and possibly further information (secs.40(3), 55(3), 65(2)). The power to require a certificate from a registered professional engineer is specified for overland flow works being formalised (sec.56(4)). These are compliance inputs; failure to provide approved-form notice or required certificates will affect entitlement to continued use and licence processing.
Statutory reference points to the Act. The instrument repeatedly invokes sections of "the Act" such as s.212 for grant of water licences (secs.41(1), 56(1), 66(1)) and s.217 for amending a licence (sec.63(2)), and it cites s.20(2) of the Act in relation to limitation on taking overland flow water (secs.54, 60). These cross-references mean the enforcement and penalty regime in the operative Act (which is not printed in the provided text) applies to contraventions of licences and possibly to unauthorised taking of water.
What the text does not supply
No express penalty or offence clauses within the excerpt. The plan portion provided does not set out fines, imprisonment, infringement notices or seizure powers. Instead, it configures who may take water and under what licence and conditions, thereby relying on the Act’s enforcement framework.
No administrative review or appeal procedure described in this part. The text mandates administrative decisions and gives the chief executive obligations; any appeal rights, merits review or judicial review pathways would be found in the broader Act or administrative law, not within these sections.
Implications for enforcement risk and compliance practice
Enforcement will be licence- and condition-centric. Practitioners and compliance officers should treat failure to notify or to accept required licence amendments as the primary compliance risk. Because the instrument prescribes specific evidence (historical take volumes, pumping tests, registered engineer certificates), document production and recordkeeping will be salient in any enforcement or licensing interaction.
The chief executive’s discretionary powers to impose conditions and to decide rates and volumes based on evidence imply that enforcement may turn on factual determinations susceptible to administrative review. Where the chief executive exercises power to amend licences to give effect to plan rules (sec.53), affected holders will face newly imposed compliance costs.
Where overland flow or existing bores are involved, the transitional one-year window and the requirement to provide approved-form notices create time-limited compliance obligations; failure to act in that window will alter the practical enforcement posture (secs.40(2), 55(2), 65(1)).
Because penalties are not set out in this extract, consultees must examine the primary Act and enforcement provisions to map the concrete sanctioning mechanisms that will follow from contravention of the licences and conditions this instrument creates.
How it interacts with other laws
The instrument is not a stand-alone code; it explicitly references and therefore interacts with several other statutory instruments and statutory processes. The provided text identifies at least the following cross-links.
The Act (unnamed in the excerpt). Numerous cross-references to sections of "the Act" appear in the text. Examples include: grant of licences under s.212 (secs.41(1), 66(1)), amendment under s.217 (sec.63(2)), and the limitation on taking water under s.20(2) (secs.54, 60). The instrument presumes the Act supplies the primary licensing, amendment and enforcement architecture; this part of the resource operations plan is an implementary instrument under that statutory framework.
Environmental Protection Act 1994. Section 54 refers to environmental authorities issued under the Environmental Protection Act 1994 and to development permits for environmentally relevant activities, noting overland flow water may be taken to satisfy such requirements (sec.54(1)(d)(i)-(ii)). The section also references a "Code for Assessable Development for Operational Works for Taking Overland Flow Water", with the definition of contaminated agricultural run-off water drawn from that code (sec.54(2)). This creates a direct interface between environmental approvals and water take entitlements, permitting certain otherwise-restricted overland flow taking to satisfy environmental authority or development-permit conditions.
Development permits and planning decisions. Sections 47-48 determine maximum rates and daily volumetric limits by reference to pump sizes stated in related development permits and to schedule 6. Thus planning approvals that specify pump sizes, and any planning codes or building approvals that inform development permits, alter the technical benchmarks used in licence quantification (secs.47(1)(b), 48(1)(b)). Practitioners should therefore align development permit content with projected water licence needs.
Registered professional engineer certification and technical standards. Section 56 requires the resource operations plan’s process for replacement of existing overland flow authorities to permit the chief executive to require a certificate from a registered professional engineer stating information about the works, including capacity and take rate (sec.56(4)). This links the regulatory process to professional engineering standards and may interact with professional regulation and liability regimes.
Land and water management plans under the Act. Section 25(3) mandates that the resource operations plan must state that irrigation use of water granted under the unallocated water process requires a land and water management plan approved under section 77 of the Act. That creates a compliance link between any successful unallocated water allocation for irrigation and the separate statutory regime for land/water management plan approval (sec.25(3)).
Historical use and dates anchored to 17 October 2003. Several provisions tie transitional volumetric baselines to the volume taken before 17 October 2003 (secs.40(5), 63(3)(d), 65(4)). This date creates an evidentiary interface between historical records, land title, and older regulatory regimes, and may involve archival planning and land-use records in proofs.
Schedule 6 and internal plan schedules. The calculation of maximum rates and daily volumetric limits in the absence of explicit licence statements depends on schedule 6 (secs.47-48). Schedule 6 is part of the plan instrument, so practitioners must consult the schedule for exact pump-size rate conversions. The scheme therefore couples planning, engineering and administrative documents.
Cultural, environmental and native title contexts. The instrument expressly requires the chief executive to consider cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities when deciding environmental management rules (sec.18(1)(b)(vii)). That consideration interacts with broader cultural heritage laws and native title frameworks in practice, though those other regimes are not named in the text provided.
Net effect. The plan provisions function as a node that coordinates with broader environmental, planning and professional regulatory regimes. Licence quantities, permissible works, and transitional rights depend materially on development permits, environmental authority conditions, historical use records, professional engineering certificates, and other parts of the Act such as s.77, s.212 and s.217. For any water project or compliance matter, practitioners therefore need to map the package: resource operations plan rules plus development permits plus environmental approvals plus the primary Act’s licensing and enforcement provisions.
Amendment history
The text includes editorial amendment and omission notations. The extract lists several amendments and omissions by year and instrument. Those internal annotations are the only statutory amendment history provided in the material supplied.
Noted omissions and amendments in the provided extract
Section 17 is marked "om 2014 SL No. 142 s 166", indicating section 17 was omitted by Subordinate Legislation (SL) No. 142, 2014, section 166. The extract gives no content for section 17 other than that omission note.
Multiple sections are noted as omitted by the 2014 subordinate legislation, including sections 20, 21, 24, 42 and 43. The text records "s 20 om 2014 SL No. 142 s 167", "s 21 om 2014 SL No. 142 s 167", "s 24 om 2014 SL No. 142 s 168", and "s 42 om 2014 SL No. 142 s 170", "s 43 om 2014 SL No. 142 s 170". These annotations show that those sections were removed from this part of the instrument at that time.
Section 39 and section 44 contain amendment notations identifying 2014 subordinate legislation changes: section 44 includes "s 44 amd 2014 SL No. 142 s 171", and section 39 includes "s 39 amd 2009 SL No. 280 s 189; 2014 Act No. 29 s 156 om 2016 SL No. 216 s 146 sch 20". The notation shows earlier amendments in 2009 and 2014 and a later omission entry for 2016 in that annotation string; the exact effect should be read against the original statute and the subordinate instruments.
Section 54 is annotated "s 54 amd 2013 Act No. 23 s 352 sch 1 pt 2", indicating amendment by the 2013 Act No. 23 at the cited provision.
Section 57 has a multi-entry amendment and omission history: "s 57 amd 2009 SL No. 280 s 188; 2011 Act No. 40 s 107 sch om 2016 SL No. 216 s 146 sch 20". This indicates amendments in 2009 and 2011, and an omission in 2016 recorded in the excerpt.
Section 59 is annotated "s 59 amd 2009 SL No. 280 s 189; 2014 Act No. 29 s 156 om 2016 SL No. 216 s 146 sch 20", showing amendments in 2009 and 2014 and an omission in 2016 as recorded.
Sections 40-41 (transitional bore provisions) and sections 55-56 (overland flow) do not carry explicit amendment notations in the excerpt other than some general amendment markers elsewhere, implying they remain operative in the provided form.
Interpretation and practical implications of the amendment annotations
The amendment annotations in the extract are internal pointers to subordinate legislation and Acts that have changed the text. They do not explain substantive content changes here; they merely identify the instrument and location of amendment or omission. To reconstruct the full amendment history and to confirm current text, practitioners must consult the consolidated statute as published by the jurisdiction’s official legislative database, and inspect the subordinate instruments and Acts identified by the annotations (for example, 2014 SL No. 142, 2013 Act No. 23, 2009 SL No. 280, 2011 Act No. 40, 2016 SL No. 216).
Where the extract shows an omission by reference to a later instrument (for example, sections marked "om 2014 SL No. 142" or "om 2016 SL No. 216"), those provisions are no longer present in the operative text as published here. Users must confirm whether the omission was permanent or replaced by substituted provisions elsewhere in the Act or in the resource operations plan.
The presence of multiple amendment entries with different years and instruments indicates iterative statutory management and suggests care is needed to rely on a historic version of the plan without checking the consolidation date.
Action points for practitioners
Consult the official consolidated version of the Act and the resource operations plan on the jurisdiction’s legislative repository to capture the operative text and all amendments up to present day.
Where the excerpt notes omissions or amendments, retrieve the cited instruments (for example, SL No. 142 of 2014, Act No. 23 of 2013, SL No. 280 of 2009) to see the immediate changes and any accompanying explanatory materials that provide context for policy changes.
Pay particular attention to the changes that reposition procedural or substantive rights (such as conversion of declared water licences and the one-year transitional windows), as those are the provisions most likely to have followed reform cycles reflected in the amendment notes.
Litigation history
The extract provided contains no case names, reported decisions, or references to litigation outcomes. It therefore does not record any judicial interpretations, appeals, administrative review decisions or court orders pertaining to the provisions in this part of the resource operations plan.
What the absence in the text means for legal work
No in-text litigation pointers. Because the provided statutory extract does not cite any cases or decisions, practitioners cannot infer from this material how courts or tribunals have interpreted the chief executive’s discretion, the sufficiency of the decision-making considerations, or the enforceability of plan conditions.
Necessity of external research. Where judicial interpretation matters (for example, whether the chief executive’s consideration of environmental factors is reviewable, or how strictly courts will interpret volumetric caps and conversion clauses), you must search administrative law and water law case databases and tribunal records outside this text. Look for decisions dealing with licence amendment, conversion of declared groundwater to surface water, overland flow regulation, and challenges to resource operations plans or chief executive decisions under the primary Act.
Potential areas likely to arise in litigation. Although no cases are cited here, the statutory architecture contains features that typically generate disputes in practice, and these are natural litigation flashpoints that practitioners should research further:
The permissible scope of the chief executive’s discretion when imposing licence conditions or deciding rates and volumes (secs.47-50, 53);
The evidentiary sufficiency and standard for historical “relevant annual volumetric limit” calculations and for engineer certificates in respect of overland flow works (secs.40(5), 56(4));
The validity of licence amendments imposed to give effect to plan rules where existing licence holders claim economic hardship or rely on existing entitlements (secs.37, 39, 53);
The treatment of indigenous reserve allocations and potential conflict with native title or other statutory cultural heritage protections (secs.27-28, sec.18(1)(b)(vii));
The one-year transitional windows and the effect of failing to notify in the “approved form” on future rights (secs.40-41, 55-56, 65-66).
Because the statutory extract alone does not supply litigation history, you should perform targeted searches in the jurisdictional law reports, tribunal decisions and administrative review registers for cases addressing these specific sections or themes.
Gotchas
This part of the resource operations plan contains several specific operational traps and interpretative tensions that create practical risk for licence applicants, existing users and decision-makers. These are not value judgments but concrete mechanics and consequences that are easy to miss.
One-year transitional windows and the approved-form notice requirement. Owners of existing bores or overland flow works can continue to operate for only one year after plan commencement unconditionally (secs.40(2), 55(2), 65(1)). To extend continuance until formal licence grant, they must give the chief executive notice "in the approved form" (secs.40(3), 55(3), 65(2)). Missing the deadline or failing to provide the approved-form notice may forfeit the practical transitional continuance. The instrument ties key rights to an administrative formality, which is a classical compliance pitfall.
Historical baseline dated 17 October 2003. The "relevant annual volumetric limit" for transition is anchored to the annual volume taken before 17 October 2003 (secs.40(5), 65(4), sec.63(3)(d)). Claimants who cannot document their historical take with credible contemporaneous records may see their transitional entitlement reduced or disputed. Practitioners should gather operational records and measurement evidence from that period.
Conversion of declared groundwater to surface water and consequential licence amendment. Declared groundwater licences are automatically treated as surface-water licences at commencement and "must" be amended to meet the surface-water division’s requirements (sec.39). That change may lead to new or different operational conditions (rates, daily and annual limits) and land-use implications, so entities with declared-water licences should anticipate amendment processes and associated compliance costs.
Composite limits (maximum rate, daily limit, annual limit) determined by reference points that may not be obvious. Where licences do not state maximum rates or daily limits, the chief executive uses related development permit pump sizes and schedule 6 to set defaults (secs.47-48). If a development permit states a pump size not listed in schedule 6, the chief executive picks a rate by comparing similar pump sizes in the schedule. Absent schedule 6 in the immediate document, practitioners must locate and consult it; otherwise defaults may be unpredictable.
Numerical caps in small storage approvals and pumping pools. For impoundment purposes, the plan restricts acceptance and approval to narrow purposes and enforces strict size caps: 10 ML for pumping pools tied to existing authorisations, 250 ML for other non-authorised storage (sec.36(4)). Applicants seeking slightly larger storage must pursue a different allocation pathway or risk refusal.
Overland flow exceptions are limited and linked to other instruments. Section 54 restricts overland flow taking and only allows several detailed exceptions, including for environmental authority or development-permit requirements under the Environmental Protection Act 1994 (sec.54(1)(d)). This coupling means environmental approvals can create a compliant pathway for overland flow take, but that pathway depends on meeting criteria in a separate Act and possibly a code; practitioners must synchronise approvals across regimes.
Indigenous and strategic reserve caps are aggregate and potentially binding. Indigenous unallocated water is limited to a 5,000 ML total annual cap (sec.28) and is geographically limited to the Cape York Peninsula Region area (sec.23(2)(a)). Strategic unallocated water has a 10,000 ML annual cap (sec.30). Applicants in demand-driven contexts need to recognise these aggregate constraints: the cap may be exhausted and does not allocate on a first-in-time basis in this text.
Upper Mitchell seasonal cap. Upper Mitchell licences that specify irrigated area are subject to a seasonal restriction of 6.6 ML per hectare for the 1 July to 31 December period (sec.51). Licensees who plan irrigation scheduling across seasons must fit within this prescriptive limit.
Chief executive’s wide discretion, but with mandatory considerations. Many provisions give the chief executive power to decide rates and volumes based on evidence and chief executive judgement (secs.47-49, 50, 53). At the same time, the chief executive must have regard to enumerated environmental and cultural matters (sec.18). For affected parties, the challenge is twofold: supply robust technical evidence where statutory tests are evidentiary, and be prepared to contest discretionary decisions through the Act’s review or appeal mechanisms if warranted.
Absence of penalties in this part, dependence on the Act’s enforcement apparatus. Because this excerpt does not list sanctions for non‑compliance, parties must identify the enforcement provisions and sanctions contained in the primary Act, and in associated regulations, to understand the full compliance exposure.
These operational "gotchas" translate into specific due-diligence and front‑loaded compliance tasks for water users and developers, including historical data collection, early notification, aligning development permits with licence expectations, preparing engineer certificates, and planning for aggregate reserve scarcity.
How to comply
To operate under the plan’s rules and minimise regulatory risk, follow these concrete, source-grounded steps and prepare for administrative evidence demands set out in the provisions.
Determine whether the resource is surface water, groundwater or declared water. If groundwater has been declared to be water in a watercourse under section 7 (declared water), note that existing declared-water licences are taken to be surface-water licences at plan commencement and must be amended to be consistent with surface-water division requirements (sec.39). Conversion triggers different content and compliance expectations.
For existing bores and overland flow works, act promptly on the one-year transitional window. Owners of existing water bores that were not previously licensed for declared water may continue to take declared water for one year and may extend continuance by giving the chief executive notice in the approved form, until a licence is granted (secs.40(2)-(3), 41). Similarly, owners of existing overland flow works may continue for a year and may continue after giving the approved notice and any further required information until the licence is granted (secs.55(2)-(3)). Make the approved-form submissions early, and retain proof of lodgement.
Assemble historical records to support "relevant annual volumetric limit" claims. Where the transitional annual entitlement is based on historic use, the statutory baseline is the annual volume taken before 17 October 2003 (secs.40(5), 65(4), sec.63(3)(d)). Collect metering data, pump logs, invoices, production records and any contemporaneous engineering statements that corroborate volumes taken in that period.
Where seeking or holding a surface-water licence, ensure the licence specifies or you can provide evidence for: the intended purpose, maximum take rate, daily volumetric limit and annual volumetric limit. If these are not stated, the chief executive will derive values using schedule 6 pump-size conversions or by discretionary assessment based on evidence (secs.45-49). If you rely on a development permit with a pump size, align the permit pump size with actual pump capacity and operation patterns.
Anticipate and budget for licence conditions and monitoring requirements. The chief executive may impose any condition necessary to meet plan outcomes, including flow conditions, storage works limitation, monitoring and reporting obligations, and requirements to provide alternative water supplies to significantly adversely affected persons (secs.50, 52, 64). Factor in installation of metering, monitoring programs, reporting cycles and potential mitigation works.
For impoundment or interference applications, prepare justification centred on necessity and minimal storage capacity. The chief executive may accept and decide only specific purposes (stock/domestic, pumping pools for existing authorisations, or non-entitlement storage such as community landscaping/flood mitigation) and must be satisfied the storage is necessary and no greater than required having regard to a specified list of ecological and cultural impacts (sec.36(2)-(3)). Provide hydrological impact assessments addressing instream water levels, sediment movement, bed and banks, riparian vegetation, habitat, movement of fish and cultural/ecological values (sec.36(3)(b)(i)-(vii)). Comply with the numerical caps: 10 ML for existing-authority pumping pools and 250 ML for other non-entitlement storage (sec.36(4)).
If relying on overland flow works, prepare engineering certification and historical take evidence. The chief executive’s process for granting licences to replace existing overland flow authorities must consider average annual volume that could have been taken immediately before commencement and estimated annual volumes in the preceding ten years, and may require an engineer’s certificate describing capacity and take rate (sec.56(2)-(4)). Obtain or commission a registered professional engineer’s assessment to expedite conversion.
If applying for unallocated water, check the reserve category and aggregate caps. Unallocated water is held as indigenous, strategic, or general reserve depending on location; indigenous reserve water in Cape York is confined to assisting indigenous communities’ economic and social aspirations (sec.27), strategic reserve water only for State purposes (sec.29) and general reserve water may be granted for any purpose (sec.32). Volumetric caps are explicit: indigenous total annual 5,000 ML (sec.28), strategic total 10,000 ML (sec.30), general 20,000 ML for Mitchell upstream node 1 (sec.33) and 35,000 ML for other parts (sec.34). If your project depends on unallocated water, map the reserve you will seek from and whether the aggregate cap is likely to be available.
For irrigation sourced from unallocated water, obtain and maintain a land and water management plan approved under section 77 of the Act. The resource operations plan must state that irrigation using water granted under the unallocated water process requires such an approved plan (sec.25(3)). Align on-farm practices, water efficiency measures and recordkeeping to satisfy approval criteria.
If operating in Chillagoe groundwater management area, prepare for mandatory annual volumetric limits, purpose labelling and potential obligations to provide alternative supplies. Licences in Chillagoe must state purpose and annual volumetric limits, unless a dewatering licence elects to omit an annual limit (sec.61). The chief executive may amend existing licences to state annual limits based on conditions, pumping tests, impacts on flows and groundwater levels, historical volumes (pre-17 Oct 2003), and total annual volumetric limits for the area (sec.63(3)). For new licences, expect conditions requiring alternative supply access for significantly adversely affected persons and monitoring/reporting obligations (sec.64).
Keep cultural and ecological impact assessments ready for applications affecting waterholes, lakes and habitats. The chief executive must consider cultural and ecological impacts and impose licence conditions to maintain values where relevant, unless satisfied there will be no adverse effect or that imposing the condition would cause economic hardship for an existing licence holder (sec.37).
Monitor schedule and plan documents. The chief executive uses schedule 6 for pump-size rate/daily-limit calibrations. Obtain schedule 6 and any other referenced schedules and codes (for example the Code for Assessable Development for Operational Works for Taking Overland Flow Water referenced in sec.54) to avoid surprises when the regulator calculates default limits.
Prepare for possible licence amendments to give effect to plan rules. Section 53 obliges the chief executive to amend existing licences and to impose conditions on newly granted licences to give effect to the plan’s environmental management and water sharing rules. Assume regulatory change can be imposed and maintain operational flexibility and financial contingency.
Where there is potential overlap with environmental authorities or development permits (Environmental Protection Act 1994), synchronise approvals. Section 54 allows certain overland flow taking to be authorised to satisfy environmental authority or development permit obligations; coordinate timing and content across approvals to ensure compliance.
If in doubt about enforcement or appeal pathways, consult the primary Act. This part does not set out enforcement sanctions or appeal routes. For practical compliance planning and dispute risk management, identify the enforcement provisions, review/appeal rights and penalties in the primary Act referenced throughout (for example s.212 and s.217 cross-references in the text) and integrate those into risk assessment.
Following these steps will position licence applicants and holders to meet the evidentiary and procedural demands the plan lays down, to anticipate likely conditions, and to avoid losing transitional entitlements through missed notices or missing historical documentation.
Section sec.19Matters to be considered for water sharing rules
(a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) the inundation of habitats; (v) the movement of fish and other aquatic animals; (vi) the recreation and aesthetic values of the plan area; (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) water quality;
(ii) the natural movement of sediment;
(iii) the bed and banks of a watercourse or lake;
(iv) the inundation of habitats;
(v) the movement of fish and other aquatic animals;
(vi) the recreation and aesthetic values of the plan area;
(vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) water quality;
(ii) the natural movement of sediment;
(iii) the bed and banks of a watercourse or lake;
(iv) the inundation of habitats;
(v) the movement of fish and other aquatic animals;
(vi) the recreation and aesthetic values of the plan area;
(vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
sec.19 Matters to be considered for water sharing rules
sec.19 Matters to be considered for water sharing rules
In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider—
any existing water sharing arrangements; and
the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and
the conditions for taking water decided under section 43 , 50 or 51 ; and
the daily volumetric limits decided under section 48 ; and
the annual volumetric limits decided under section 49 or 63 ; and
the impact on authorisations to take water in the plan area; and
for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.19-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and the conditions for taking water decided under section 43 , 50 or 51 ; and the daily volumetric limits decided under section 48 ; and the annual volumetric limits decided under section 49 or 63 ; and the impact on authorisations to take water in the plan area; and for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.
(sec.19-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) any existing water sharing arrangements; and
(b) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and
(c) the conditions for taking water decided under section 43 , 50 or 51 ; and
(d) the daily volumetric limits decided under section 48 ; and
(e) the annual volumetric limits decided under section 49 or 63 ; and
(f) the impact on authorisations to take water in the plan area; and
(g) for rules relating to surface water in Mary Creek, Bushy Creek or Rifle Creek or in the Mitchell River between nodes 1 and 2—the water that is available for taking during dry seasons.
ch.4-pt.1-div.2 Unallocated water
Unallocated water
Section sec.20
s 20 om 2014 SL No. 142 s 167
Section sec.21
s 21 om 2014 SL No. 142 s 167
sec.22 Projects that may be considered to be of regional significance
sec.22 Projects that may be considered to be of regional significance
The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area, having regard to the following—
the outcomes under chapter 3 ;
the economic or social impact the project will have on the region;
the public interest and the welfare of people in the region;
any other relevant matter.
(a) the outcomes under chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant matter.
sec.23 Unallocated water held as indigenous, strategic or general reserve
sec.23 Unallocated water held as indigenous, strategic or general reserve
Unallocated water in the Mitchell River upstream of node 1 is held as a general reserve.
Unallocated water in another part of the plan area is held as—
if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or
otherwise—either a strategic reserve or a general reserve.
(sec.23-ssec.1) Unallocated water in the Mitchell River upstream of node 1 is held as a general reserve.
(sec.23-ssec.2) Unallocated water in another part of the plan area is held as— if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or otherwise—either a strategic reserve or a general reserve.
(a) if the unallocated water is in the Cape York Peninsula Region area—either an indigenous reserve, a strategic reserve or a general reserve; or
(b) otherwise—either a strategic reserve or a general reserve.
Section sec.24
s 24 om 2014 SL No. 142 s 168
sec.25 Preparing and implementing process in resource operations plan generally
sec.25 Preparing and implementing process in resource operations plan generally
Unallocated water may be dealt with only under a process in the resource operations plan.
In preparing and implementing the process, the chief executive must consider the following—
the purpose for which the water is required;
the efficiency of existing and proposed water use practices;
the extent to which water in the plan area is being taken under authorisations;
the availability of an alternative water supply for the purpose for which the water is required;
the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;
whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
the matters mentioned in section 18 (1) (a) and (b) .
The resource operations plan must state that use, for irrigation, of water taken under a water licence granted under the process requires a land and water management plan approved under section 77 of the Act .
Subsection (1) does not limit the matters the chief executive may consider.
(sec.25-ssec.1) Unallocated water may be dealt with only under a process in the resource operations plan.
(sec.25-ssec.2) In preparing and implementing the process, the chief executive must consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water in the plan area is being taken under authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section 18 (1) (a) and (b) .
(sec.25-ssec.3) The resource operations plan must state that use, for irrigation, of water taken under a water licence granted under the process requires a land and water management plan approved under section 77 of the Act .
(sec.25-ssec.4) Subsection (1) does not limit the matters the chief executive may consider.
(a) the purpose for which the water is required;
(b) the efficiency of existing and proposed water use practices;
(c) the extent to which water in the plan area is being taken under authorisations;
(d) the availability of an alternative water supply for the purpose for which the water is required;
(e) the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;
(f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
(g) the matters mentioned in section 18 (1) (a) and (b) .
Section sec.26
s 26 om 2014 SL No. 142 s 169
sec.27 Purpose for which indigenous unallocated water may be granted
sec.27 Purpose for which indigenous unallocated water may be granted
Unallocated water held as an indigenous reserve ( indigenous unallocated water ) may be granted only for helping indigenous communities in the Cape York Peninsula Region area to achieve their economic and social aspirations.
sec.28 Volumetric limits for indigenous unallocated water
sec.28 Volumetric limits for indigenous unallocated water
The total of the annual volumetric limits for all water licences to take indigenous unallocated water from the Cape York Peninsula Region area is 5,000ML.
sec.29 Purpose for which strategic unallocated water may be granted
sec.29 Purpose for which strategic unallocated water may be granted
Unallocated water held as a strategic reserve ( strategic unallocated water ) may be granted only if it is to be taken for a State purpose.
sec.30 Volumetric limits for strategic unallocated water
sec.30 Volumetric limits for strategic unallocated water
The total of the annual volumetric limits for all water licences to take strategic unallocated water is 10,000ML.
sec.31 Period for which strategic unallocated water is granted for particular State purpose
sec.31 Period for which strategic unallocated water is granted for particular State purpose
This section applies to water licences to take strategic unallocated water granted for either of the following State purposes—
a project of State significance;
a project of regional significance.
Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.
(sec.31-ssec.1) This section applies to water licences to take strategic unallocated water granted for either of the following State purposes— a project of State significance; a project of regional significance.
(sec.31-ssec.2) Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.
(a) a project of State significance;
(b) a project of regional significance.
sec.32 Purpose for which general unallocated water may be granted
sec.32 Purpose for which general unallocated water may be granted
Unallocated water held as a general reserve ( general unallo
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