Preliminary

sec.1 Short title

This water plan may be cited as the Water Plan (Pioneer Valley) 2002 . s 1 sub 2014 Act No. 64 s 255 sch 2

sec.2 Purposes of plan

The following are the purposes of this plan— to define the availability of water in the plan area; to provide a framework for sustainably managing water and the taking of water; to identify priorities and mechanisms for dealing with future water requirements; to provide a framework for establishing water allocations; to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems; to regulate the taking of groundwater. s 2 amd 2009 SL No. 212 s 3

• (a) to define the availability of water in the plan area;
• (b) to provide a framework for sustainably managing water and the taking of water;
• (c) to identify priorities and mechanisms for dealing with future water requirements;
• (d) to provide a framework for establishing water allocations;
• (e) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
• (f) to regulate the taking of groundwater.

sec.3 Definitions

The dictionary in schedule 10 defines particular words used in this plan.

Areas and water to which plan applies

sec.4 Plan area

This plan applies to the area shown as the plan area on the map in schedule 1 .

sec.5 Subcatchment areas

Each part of the plan area that is within a subcatchment area shown on the map in schedule 2 is a subcatchment area for this plan.

sec.5A Groundwater management area and groundwater sub-areas

The groundwater management area is the area shown on the map in schedule 2A . Each part of the groundwater management area that is within a groundwater sub-area shown on the map in schedule 2B is a groundwater sub-area for this plan. A groundwater sub-area contains all the aquifers in the groundwater sub-area. s 5A ins 2009 SL No. 212 s 4 (sec.5A-ssec.1) The groundwater management area is the area shown on the map in schedule 2A . (sec.5A-ssec.2) Each part of the groundwater management area that is within a groundwater sub-area shown on the map in schedule 2B is a groundwater sub-area for this plan. (sec.5A-ssec.3) A groundwater sub-area contains all the aquifers in the groundwater sub-area.

sec.5B Watercourse area and declaration about watercourse— Act , s 1006 (2)

The watercourse area is the part of the plan area shown on the map in schedule 2C . Groundwater in an aquifer under a watercourse, or under land adjacent to a watercourse, in the watercourse area is declared to be water in a watercourse ( declared water ). s 5B ins 2009 SL No. 212 s 4 (sec.5B-ssec.1) The watercourse area is the part of the plan area shown on the map in schedule 2C . (sec.5B-ssec.2) Groundwater in an aquifer under a watercourse, or under land adjacent to a watercourse, in the watercourse area is declared to be water in a watercourse ( declared water ).

sec.6 Information about areas

The exact location of the following is held in digital electronic form by the department— the boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas; the coastline and seawater intrusion baseline. The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries. The boundary locations in digital electronic form may be inspected at the department’s office at 22–30 Wood Street, Mackay. s 6 amd 2009 SL No. 212 s 5 (sec.6-ssec.1) The exact location of the following is held in digital electronic form by the department— the boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas; the coastline and seawater intrusion baseline. (sec.6-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries. The boundary locations in digital electronic form may be inspected at the department’s office at 22–30 Wood Street, Mackay.

• (a) the boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas;
• (b) the coastline and seawater intrusion baseline.

sec.7 Nodes

A node mentioned in this plan is a place— on a watercourse in the plan area or in the groundwater management area; and for which environmental flow objectives are set for performance indicators. The location of each node is shown on the map in schedule 1 or schedule 2A and described in schedule 3 . Each node is identified on the map by a letter of the alphabet or number. s 7 amd 2009 SL No. 212 s 6 (sec.7-ssec.1) A node mentioned in this plan is a place— on a watercourse in the plan area or in the groundwater management area; and for which environmental flow objectives are set for performance indicators. (sec.7-ssec.2) The location of each node is shown on the map in schedule 1 or schedule 2A and described in schedule 3 . (sec.7-ssec.3) Each node is identified on the map by a letter of the alphabet or number.

• (a) on a watercourse in the plan area or in the groundwater management area; and
• (b) for which environmental flow objectives are set for performance indicators.

sec.8 Water to which plan applies

This plan applies to the following water in the plan area— water in a watercourse, lake or spring ( surface water ); groundwater. s 8 amd 2009 SL No. 212 s 7

• (a) water in a watercourse, lake or spring ( surface water );
• (b) groundwater.

Outcomes for sustainable management of water

Outcomes for plan area

sec.8A Outcomes for water in plan area

Water is to be allocated and sustainably managed in a way that— recognises the natural state of watercourses, lakes, springs and aquifers has changed because of water infrastructure, flow supplementation and the taking of water; and seeks to achieve a balance in the following outcomes— the general outcomes mentioned in sections 9 and 9A ; the general ecological outcomes mentioned in sections 10 and 18A ; the specific ecological outcomes mentioned in sections 12 to 18 . s 8A ins 2009 SL No. 212 s 8

• (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of water infrastructure, flow supplementation and the taking of water; and
• (b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in sections 9 and 9A ; (ii) the general ecological outcomes mentioned in sections 10 and 18A ; (iii) the specific ecological outcomes mentioned in sections 12 to 18 .
• (i) the general outcomes mentioned in sections 9 and 9A ;
• (ii) the general ecological outcomes mentioned in sections 10 and 18A ;
• (iii) the specific ecological outcomes mentioned in sections 12 to 18 .
• (i) the general outcomes mentioned in sections 9 and 9A ;
• (ii) the general ecological outcomes mentioned in sections 10 and 18A ;
• (iii) the specific ecological outcomes mentioned in sections 12 to 18 .

sec.9 General outcomes for surface water and groundwater

Each of the following is a general outcome for water in the plan area— to ensure a reliable and secure supply of water from the plan area during the time this plan is in force; to protect the probability of being able to obtain water under a water allocation; to provide for the opportunity for additional surface water to be taken from the Sandy Creek catchment area to reduce reliance on groundwater in areas affected, or likely to be affected, by seawater intrusion; to provide the opportunity for additional surface water to be taken from the Pioneer River for future water requirements; to allow water to be used for the following— agriculture; aquaculture; industrial needs; small scale uses; stock and domestic purposes; tourism and recreational uses; urban needs; to provide for the continued use of all water entitlements and other authorisations to take or interfere with surface water; to encourage the efficient use of water; to allow cultural use by Aboriginal or Torres Strait Islander communities; to provide water to support natural ecosystems including natural groundwater-dependent ecosystems. s 9 amd 2009 SL No. 212 s 9 ; 2016 SL No. 216 s 146 sch 20

• (a) to ensure a reliable and secure supply of water from the plan area during the time this plan is in force;
• (b) to protect the probability of being able to obtain water under a water allocation;
• (c) to provide for the opportunity for additional surface water to be taken from the Sandy Creek catchment area to reduce reliance on groundwater in areas affected, or likely to be affected, by seawater intrusion;
• (d) to provide the opportunity for additional surface water to be taken from the Pioneer River for future water requirements;
• (e) to allow water to be used for the following— (i) agriculture; (ii) aquaculture; (iii) industrial needs; (iv) small scale uses; (v) stock and domestic purposes; (vi) tourism and recreational uses; (vii) urban needs;
• (i) agriculture;
• (ii) aquaculture;
• (iii) industrial needs;
• (iv) small scale uses;
• (v) stock and domestic purposes;
• (vi) tourism and recreational uses;
• (vii) urban needs;
• (f) to provide for the continued use of all water entitlements and other authorisations to take or interfere with surface water;
• (g) to encourage the efficient use of water;
• (h) to allow cultural use by Aboriginal or Torres Strait Islander communities;
• (i) to provide water to support natural ecosystems including natural groundwater-dependent ecosystems.
• (i) agriculture;
• (ii) aquaculture;
• (iii) industrial needs;
• (iv) small scale uses;
• (v) stock and domestic purposes;
• (vi) tourism and recreational uses;
• (vii) urban needs;

sec.9A General outcomes for groundwater

Each of the following is a general outcome for groundwater in the plan area— to maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow; to provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements ); to provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements; to maintain and protect, where practicable, the quality of groundwater for consumptive purposes; irrigation to prevent further seawater intrusion. In this section— affected groundwater sub-area means a groundwater sub-area affected or likely to be affected by seawater intrusion to the extent that the ability to take water under a water entitlement is reduced or extinguished. groundwater flow system means a discrete 3 dimensional system through which groundwater flows from the area where groundwater is recharged to the area where groundwater is discharged from the system. groundwater sub-area means a groundwater sub-area or part of a groundwater sub-area. s 9A ins 2009 SL No. 212 s 10 (sec.9A-ssec.1) Each of the following is a general outcome for groundwater in the plan area— to maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow; to provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements ); to provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements; to maintain and protect, where practicable, the quality of groundwater for consumptive purposes; irrigation to prevent further seawater intrusion. (sec.9A-ssec.2) In this section— affected groundwater sub-area means a groundwater sub-area affected or likely to be affected by seawater intrusion to the extent that the ability to take water under a water entitlement is reduced or extinguished. groundwater flow system means a discrete 3 dimensional system through which groundwater flows from the area where groundwater is recharged to the area where groundwater is discharged from the system. groundwater sub-area means a groundwater sub-area or part of a groundwater sub-area.

• (a) to maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow;
• (b) to provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements );
• (c) to provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements;
• (d) to maintain and protect, where practicable, the quality of groundwater for consumptive purposes; Example of a consumptive purpose— irrigation
• (e) to prevent further seawater intrusion.

sec.10 General ecological outcomes for surface water and groundwater

Each of the following is a general ecological outcome for water in the plan area— to maintain habitats of native plants and animals in watercourses, lakes, springs and groundwater; to maintain riparian systems and their functions influencing the riverine ecosystems; to maintain and favour native plants and animals associated with watercourses, lakes, springs and groundwater and riparian zones; to provide wet season flow to benefit native plants and animals in estuaries; to maintain long term water quality suitable for riverine and estuarine ecosystems and groundwater-dependent ecosystems; to maintain existing geomorphic features and processes; to maintain the capability of one part of the river system to be connected to another through the flow of water— throughout the watercourse network; and within the riparian zone, floodplain and watercourses, lakes, springs and groundwater; to maintain ecosystem food chains, their balance and the movement of carbon energy. s 10 amd 2009 SL No. 212 s 11

• (a) to maintain habitats of native plants and animals in watercourses, lakes, springs and groundwater;
• (b) to maintain riparian systems and their functions influencing the riverine ecosystems;
• (c) to maintain and favour native plants and animals associated with watercourses, lakes, springs and groundwater and riparian zones;
• (d) to provide wet season flow to benefit native plants and animals in estuaries;
• (e) to maintain long term water quality suitable for riverine and estuarine ecosystems and groundwater-dependent ecosystems;
• (f) to maintain existing geomorphic features and processes;
• (g) to maintain the capability of one part of the river system to be connected to another through the flow of water— (i) throughout the watercourse network; and (ii) within the riparian zone, floodplain and watercourses, lakes, springs and groundwater;
• (i) throughout the watercourse network; and
• (ii) within the riparian zone, floodplain and watercourses, lakes, springs and groundwater;
• (h) to maintain ecosystem food chains, their balance and the movement of carbon energy.
• (i) throughout the watercourse network; and
• (ii) within the riparian zone, floodplain and watercourses, lakes, springs and groundwater;

Specific ecological outcomes for surface water

sec.11 Application of div 2

Without limiting section 10 , the ecological outcomes mentioned in this division apply to the parts of the plan area mentioned.

sec.12 Estuaries

An ecological outcome for surface water is to provide a flow regime— to maintain delivery of freshwater, sediment, nutrients and organic matter to the estuaries of watercourses; and to maintain the brackish water habitat in the estuaries. Also, an ecological outcome for surface water is to protect and improve the ecology of the Pioneer River estuary by reducing the frequency and duration of periods of no flow to the estuary. s 12 amd 2009 SL No. 212 s 13 (sec.12-ssec.1) An ecological outcome for surface water is to provide a flow regime— to maintain delivery of freshwater, sediment, nutrients and organic matter to the estuaries of watercourses; and to maintain the brackish water habitat in the estuaries. (sec.12-ssec.2) Also, an ecological outcome for surface water is to protect and improve the ecology of the Pioneer River estuary by reducing the frequency and duration of periods of no flow to the estuary.

• (a) to maintain delivery of freshwater, sediment, nutrients and organic matter to the estuaries of watercourses; and
• (b) to maintain the brackish water habitat in the estuaries.

sec.13 Blacks Creek and Pioneer River

This section applies to surface water in— Blacks Creek downstream of Teemburra Creek; and the Pioneer River upstream of Mirani Weir. An ecological outcome for the water is to minimise adverse impacts on environmental conditions and geomorphic processes in Blacks Creek and the river while recognising the likelihood of changes to the conditions and processes resulting from the existence and operation of Teemburra Dam. s 13 amd 2009 SL No. 212 s 14 (sec.13-ssec.1) This section applies to surface water in— Blacks Creek downstream of Teemburra Creek; and the Pioneer River upstream of Mirani Weir. (sec.13-ssec.2) An ecological outcome for the water is to minimise adverse impacts on environmental conditions and geomorphic processes in Blacks Creek and the river while recognising the likelihood of changes to the conditions and processes resulting from the existence and operation of Teemburra Dam.

• (a) Blacks Creek downstream of Teemburra Creek; and
• (b) the Pioneer River upstream of Mirani Weir.

sec.14 Subcatchment areas 2, 3 and 4

An ecological outcome for surface water in subcatchment area 2, 3 or 4 is to maintain areas and species of significant conservation value in the creeks in the subcatchment areas. s 14 amd 2009 SL No. 212 s 15

sec.15 Subcatchment area 12

An ecological outcome for surface water in subcatchment area 12 is to reduce seawater intrusion in the coastal section of the Pioneer Valley groundwater system associated with the area. s 15 amd 2009 SL No. 212 s 16

sec.16 Palm Tree Creek

An ecological outcome for surface water in Palm Tree Creek downstream of the diversion pipeline outlet from Teemburra Dam is to minimise adverse impacts on environmental conditions and geomorphic processes in the creek while recognising the likelihood of— erosion of the creek’s bed and banks, and loss of riparian vegetation, because of flow supplementation; and changes to the creek’s instream and riparian habitats resulting from a more perennial flow regime. s 16 amd 2009 SL No. 212 s 17

• (a) erosion of the creek’s bed and banks, and loss of riparian vegetation, because of flow supplementation; and
• (b) changes to the creek’s instream and riparian habitats resulting from a more perennial flow regime.

sec.17 Silver Creek

An ecological outcome for surface water in Silver Creek downstream of the outlet for the diversion channel for surface water from Cattle Creek is to minimise adverse impacts on environmental conditions and geomorphic processes in Silver Creek while recognising the likelihood of changes to the creek’s instream and riparian habitats resulting from a more perennial flow regime. s 17 amd 2009 SL No. 212 s 18

sec.18 Teemburra Creek

An ecological outcome for surface water in Teemburra Creek downstream of Teemburra Dam is to minimise adverse impacts on environmental conditions and geomorphic processes in the creek while recognising the likelihood of the following resulting from the existence and operation of the dam— reduction of sediment, and changed geomorphic processes, in the creek; spread of riparian vegetation into the creek; increased opportunity for weed growth in the creek’s riparian zones; depletion of flood-spawning species, including, for example, spangled perch and neosilurid catfishes. s 18 amd 2009 SL No. 212 s 19

• (a) reduction of sediment, and changed geomorphic processes, in the creek;
• (b) spread of riparian vegetation into the creek;
• (c) increased opportunity for weed growth in the creek’s riparian zones;
• (d) depletion of flood-spawning species, including, for example, spangled perch and neosilurid catfishes.

General ecological outcomes for groundwater

sec.18A General ecological outcomes

Each of the following is a general ecological outcome for groundwater in the plan area— to maintain biological diversity of groundwater-dependent ecosystems; to maintain groundwater levels at depths, and groundwater flows, providing for the groundwater requirements of groundwater-dependent ecosystems; to maintain the capability of groundwater to flow from a part of an aquifer to another part of the aquifer or to watercourses, lakes, estuaries, near-shore marine systems or wetlands. s 18A ins 2009 SL No. 212 s 20

• (a) to maintain biological diversity of groundwater-dependent ecosystems;
• (b) to maintain groundwater levels at depths, and groundwater flows, providing for the groundwater requirements of groundwater-dependent ecosystems;
• (c) to maintain the capability of groundwater to flow from a part of an aquifer to another part of the aquifer or to watercourses, lakes, estuaries, near-shore marine systems or wetlands.

Performance indicators and objectives

Environmental flow objectives

sec.19 Performance indicators for environmental flow objectives

The performance indicators for the environmental flow objectives are— for assessing periods of low flow— 50% daily flow; and 90% daily flow; and daily flow less than 1ML; and number of periods of no flow of at least 1 month but less than 3 months; and number of periods of no flow of at least 3 months; and for assessing periods of medium to high flow— mean annual flow; and 1.5 year daily flow volume; and 5 year daily flow volume; and 20 year daily flow volume; and for assessing seasonal flow patterns— flow regime class; and annual proportional flow deviation; and mean wet season flow; and for assessing baseflow in subcatchment area 12— daily flow less than 1ML; and daily flow less than 50ML. s 19 amd 2009 SL No. 212 s 22

• (a) for assessing periods of low flow— (i) 50% daily flow; and (ii) 90% daily flow; and (iii) daily flow less than 1ML; and (iv) number of periods of no flow of at least 1 month but less than 3 months; and (v) number of periods of no flow of at least 3 months; and
• (i) 50% daily flow; and
• (ii) 90% daily flow; and
• (iii) daily flow less than 1ML; and
• (iv) number of periods of no flow of at least 1 month but less than 3 months; and
• (v) number of periods of no flow of at least 3 months; and
• (b) for assessing periods of medium to high flow— (i) mean annual flow; and (ii) 1.5 year daily flow volume; and (iii) 5 year daily flow volume; and (iv) 20 year daily flow volume; and
• (i) mean annual flow; and
• (ii) 1.5 year daily flow volume; and
• (iii) 5 year daily flow volume; and
• (iv) 20 year daily flow volume; and
• (c) for assessing seasonal flow patterns— (i) flow regime class; and (ii) annual proportional flow deviation; and (iii) mean wet season flow; and
• (i) flow regime class; and
• (ii) annual proportional flow deviation; and
• (iii) mean wet season flow; and
• (d) for assessing baseflow in subcatchment area 12— (i) daily flow less than 1ML; and (ii) daily flow less than 50ML.
• (i) daily flow less than 1ML; and
• (ii) daily flow less than 50ML.
• (i) 50% daily flow; and
• (ii) 90% daily flow; and
• (iii) daily flow less than 1ML; and
• (iv) number of periods of no flow of at least 1 month but less than 3 months; and
• (v) number of periods of no flow of at least 3 months; and
• (i) mean annual flow; and
• (ii) 1.5 year daily flow volume; and
• (iii) 5 year daily flow volume; and
• (iv) 20 year daily flow volume; and
• (i) flow regime class; and
• (ii) annual proportional flow deviation; and
• (iii) mean wet season flow; and
• (i) daily flow less than 1ML; and
• (ii) daily flow less than 50ML.

sec.20 Environmental flow objectives

The environmental flow objectives for surface water are stated in schedule 4 , parts 1 to 4 . s 20 amd 2009 SL No. 212 s 23

sec.20A Environmental flow objectives

The environmental flow objectives for groundwater are stated in schedule 4 , parts 5 and 6 . s 20A ins 2009 SL No. 212 s 24

sec.20B Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems

The performance indicator for the environmental flow objectives for assessing flow to a relevant groundwater-dependent ecosystem is the drawdown deviation. s 20B ins 2009 SL No. 212 s 24 sub 2014 SL No. 142 s 201

sec.20C Performance indicator for environmental flow objectives—seawater intrusion

The performance indicator for the environmental flow objectives for assessing the extent of seawater intrusion is the maximum seawater intrusion area. In this section— seawater intrusion area means the area of land, expressed in hectares, between the coastline and the seawater intrusion front. s 20C ins 2009 SL No. 212 s 24 (sec.20C-ssec.1) The performance indicator for the environmental flow objectives for assessing the extent of seawater intrusion is the maximum seawater intrusion area. (sec.20C-ssec.2) In this section— seawater intrusion area means the area of land, expressed in hectares, between the coastline and the seawater intrusion front.

Water allocation security objectives

sec.21 Performance indicators for water allocation security objectives

The performance indicators for the water allocation security objectives are— for taking supplemented water—the monthly supplemented water sharing index; and for taking unsupplemented water— 30% unsupplemented water sharing index; and 50% unsupplemented water sharing index; and 70% unsupplemented water sharing index; and for taking groundwater—the annual volume probability. s 21 amd 2009 SL No. 212 s 25

• (a) for taking supplemented water—the monthly supplemented water sharing index; and
• (b) for taking unsupplemented water— (i) 30% unsupplemented water sharing index; and (ii) 50% unsupplemented water sharing index; and (iii) 70% unsupplemented water sharing index; and
• (i) 30% unsupplemented water sharing index; and
• (ii) 50% unsupplemented water sharing index; and
• (iii) 70% unsupplemented water sharing index; and
• (c) for taking groundwater—the annual volume probability.
• (i) 30% unsupplemented water sharing index; and
• (ii) 50% unsupplemented water sharing index; and
• (iii) 70% unsupplemented water sharing index; and

sec.22 Water allocation security objectives

The water allocation security objectives for this plan are stated in— for water allocations to take supplemented water— schedule 5 , part 1 ; and for water allocations to take unsupplemented water— schedule 5 , part 2 ; and for water allocations to take groundwater— schedule 5 , part 3 . s 22 amd 2009 SL No. 212 s 26

• (a) for water allocations to take supplemented water— schedule 5 , part 1 ; and
• (b) for water allocations to take unsupplemented water— schedule 5 , part 2 ; and
• (c) for water allocations to take groundwater— schedule 5 , part 3 .

General strategies for achieving outcomes for surface water and groundwater

Particular strategies for achieving outcomes

Section sec.22A

s 22A ins 2009 SL No. 212 s 27 om 2014 SL No. 142 s 202

sec.22B Nominal entitlement or annual volumetric limit

The chief executive must decide the following— the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ; the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ; the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3. The nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement. However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume. In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following— the capacity of existing works to take groundwater as at the plan amendment day; the number of hours existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ; for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence; the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates. Subsection (4) does not limit the matters the chief executive may consider. In this section— capacity of existing works means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML; the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence; the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Pioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day. s 22B ins 2009 SL No. 212 s 27 (sec.22B-ssec.1) The chief executive must decide the following— the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ; the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ; the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3. (sec.22B-ssec.2) The nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement. (sec.22B-ssec.3) However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume. (sec.22B-ssec.4) In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following— the capacity of existing works to take groundwater as at the plan amendment day; the number of hours existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ; for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence; the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates. (sec.22B-ssec.5) Subsection (4) does not limit the matters the chief executive may consider. (sec.22B-ssec.6) In this section— capacity of existing works means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML; the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence; the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Pioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day.

• (a) the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A ;
• (b) the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J ;
• (c) the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3.
• (a) the capacity of existing works to take groundwater as at the plan amendment day;
• (b) the number of hours existing works were operated during the relevant period;
• (c) for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;
• (d) for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;
• (e) the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ;
• (f) for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence;
• (g) the availability of groundwater in the aquifer to which the works mentioned in paragraph (a) , (b) , (c) , (d) , or (f) relate;
• (h) the availability of other water sources in the area to which the water entitlement relates;
• (i) the density of water bores for taking groundwater in the area to which the water entitlement relates.
• (a) if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or
• (b) if the works have an equipped rate only—the equipped rate for the works; or
• (c) if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works.
• (a) at which the bore can be pumped without causing the bore’s pump to break suction; and
• (b) estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.
• (a) the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— (i) the efficiency of the use of groundwater using the works during the relevant period; and (ii) the availability of other water sources in the area to which the water entitlement relates;
• (i) the efficiency of the use of groundwater using the works during the relevant period; and
• (ii) the availability of other water sources in the area to which the water entitlement relates;
• (b) the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated;
• (c) the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML;
• (d) the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence;
• (e) the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a) , (b) , (c) or (d) relate.
• (i) the efficiency of the use of groundwater using the works during the relevant period; and
• (ii) the availability of other water sources in the area to which the water entitlement relates;

Moratorium notices and arrangements for applications made before 25 June 2003

sec.22C Continued effect of moratorium notice published on 20 September 2000— Act , s 46 (3)

This section continues, in part, the effect of the moratorium notice, published on 20 September 2000. This section applies to an application under the Act or the repealed Act if granting the application would have 1 or more of the following effects on surface water to which this plan relates— increase the amount of surface water taken or interfered with; change the location from which the surface water may be taken or interfered with; increase the maximum rate for taking or interfering with the surface water; change the conditions under which the surface water may be taken; change the purpose for which surface water may be taken. The application will be accepted but not dealt with until the resource operations plan deals with the allocation of unallocated surface water in the area to which the application relates. However, subsection (3) does not apply to an application— for a water permit; or by an interim resource operations licence holder to transfer an interim water allocation; or for a licence, or amendment of a licence, to take water managed by the Pioneer Valley Water Board; or to reinstate or replace an expired licence. The chief executive’s acceptance of an application does not give the applicant priority in having the application decided. s 22C (prev s 49) amd 2009 SL No. 212 s 44 renum and reloc 2009 SL No. 212 s 44 (3) (sec.22C-ssec.1) This section continues, in part, the effect of the moratorium notice, published on 20 September 2000. (sec.22C-ssec.2) This section applies to an application under the Act or the repealed Act if granting the application would have 1 or more of the following effects on surface water to which this plan relates— increase the amount of surface water taken or interfered with; change the location from which the surface water may be taken or interfered with; increase the maximum rate for taking or interfering with the surface water; change the conditions under which the surface water may be taken; change the purpose for which surface water may be taken. (sec.22C-ssec.3) The application will be accepted but not dealt with until the resource operations plan deals with the allocation of unallocated surface water in the area to which the application relates. (sec.22C-ssec.4) However, subsection (3) does not apply to an application— for a water permit; or by an interim resource operations licence holder to transfer an interim water allocation; or for a licence, or amendment of a licence, to take water managed by the Pioneer Valley Water Board; or to reinstate or replace an expired licence. (sec.22C-ssec.5) The chief executive’s acceptance of an application does not give the applicant priority in having the application decided.

• (a) increase the amount of surface water taken or interfered with;
• (b) change the location from which the surface water may be taken or interfered with;
• (c) increase the maximum rate for taking or interfering with the surface water;
• (d) change the conditions under which the surface water may be taken;
• (e) change the purpose for which surface water may be taken.
• (a) for a water permit; or
• (b) by an interim resource operations licence holder to transfer an interim water allocation; or
• (c) for a licence, or amendment of a licence, to take water managed by the Pioneer Valley Water Board; or
• (d) to reinstate or replace an expired licence.

sec.22D Continued effect of moratorium notice published on 25 June 2003 and subsequently amended— Act , s 46 (3)

This section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008. Subsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects— increase the amount of water that may be taken or interfered with; change the location from which the water may be taken or interfered with; increase the maximum rate for taking or interfering with the water. The application will not be accepted until the resource operations plan is approved. However, subsection (3) does not apply to an application— to reinstate, under section 221 of the Act , an expired water licence; or to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or to replace, under section 225 of the Act , an original licence with 2 or more water licences; or to replace, under section 229 of the Act , an expired licence with 1 or more water licences. Works to take groundwater must not be physically started. However, subsection (5) does not apply to the following works— works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion; works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008; works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ; works, replacing existing works, to be constructed within 10m of the existing works. Completed, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east. In this section— 149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. existing works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008. s 22D ins 2009 SL No. 212 s 27 (sec.22D-ssec.1) This section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008. (sec.22D-ssec.2) Subsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects— increase the amount of water that may be taken or interfered with; change the location from which the water may be taken or interfered with; increase the maximum rate for taking or interfering with the water. (sec.22D-ssec.3) The application will not be accepted until the resource operations plan is approved. (sec.22D-ssec.4) However, subsection (3) does not apply to an application— to reinstate, under section 221 of the Act , an expired water licence; or to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or to replace, under section 225 of the Act , an original licence with 2 or more water licences; or to replace, under section 229 of the Act , an expired licence with 1 or more water licences. (sec.22D-ssec.5) Works to take groundwater must not be physically started. (sec.22D-ssec.6) However, subsection (5) does not apply to the following works— works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion; works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008; works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ; works, replacing existing works, to be constructed within 10m of the existing works. (sec.22D-ssec.7) Completed, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east. (sec.22D-ssec.8) In this section— 149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. existing works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008.

• (a) increase the amount of water that may be taken or interfered with;
• (b) change the location from which the water may be taken or interfered with;
• (c) increase the maximum rate for taking or interfering with the water.
• (a) to reinstate, under section 221 of the Act , an expired water licence; or
• (b) to amalgamate, under section 224 of the Act , 2 or more water licences in force immediately before the plan amendment day; or
• (c) to replace, under section 225 of the Act , an original licence with 2 or more water licences; or
• (d) to replace, under section 229 of the Act , an expired licence with 1 or more water licences.
• (a) works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion;
• (b) works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or (iii) a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;
• (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or
• (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or
• (iii) a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or
• (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;
• (c) works authorised by or associated with mining tenements granted under the Mineral Resources Act 1989 ;
• (d) works, replacing existing works, to be constructed within 10m of the existing works.
• (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or
• (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or
• (iii) a reconfiguration of the land is undertaken by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or
• (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008;

Section sec.22E

s 22E ins 2009 SL No. 212 s 27 om 2014 SL No. 142 s 203

Measuring devices

Section sec.22F

s 22F ins 2009 SL No. 212 s 27 om 2014 SL No. 142 s 204

sec.22G Electrical conductivity—groundwater

The chief executive must decide whether to install a meter for measuring and recording the electrical conductivity of groundwater taken under a water entitlement using a water bore on land in groundwater sub-area 11, 12, 13, 15, 16 or 17. In deciding whether to install the meter, the chief executive must have regard to— the electrical conductivity of the groundwater in the sub-area; and the proximity of the bore to the seawater intrusion front. If the chief executive decides to install the meter, it must be used from the day and in the circumstances mentioned in the resource operations plan. s 22G ins 2009 SL No. 212 s 27 (sec.22G-ssec.1) The chief executive must decide whether to install a meter for measuring and recording the electrical conductivity of groundwater taken under a water entitlement using a water bore on land in groundwater sub-area 11, 12, 13, 15, 16 or 17. (sec.22G-ssec.2) In deciding whether to install the meter, the chief executive must have regard to— the electrical conductivity of the groundwater in the sub-area; and the proximity of the bore to the seawater intrusion front. (sec.22G-ssec.3) If the chief executive decides to install the meter, it must be used from the day and in the circumstances mentioned in the resource operations plan.

• (a) the electrical conductivity of the groundwater in the sub-area; and
• (b) the proximity of the bore to the seawater intrusion front.

Strategies for achieving outcomes (surface water)

Preliminary

sec.23 Decisions consistent with objectives

Decisions about the allocation or management of surface water in the plan area, other than a decision in relation to a water permit, must be consistent with— the environmental flow objectives stated in schedule 4 , part 1 , 2 , 3 or 4 ; and the water allocation security objectives stated in schedule 5 , part 1 or 2 . s 23 amd 2009 SL No. 212 s 29

• (a) the environmental flow objectives stated in schedule 4 , part 1 , 2 , 3 or 4 ; and
• (b) the water allocation security objectives stated in schedule 5 , part 1 or 2 .

sec.24 Assessing impact of decisions

The IQQM computer program’s simulation for the simulation period for surface water is used to assess consistency with the objectives. If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used. The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program. s 24 amd 2009 SL No. 212 s 30 (sec.24-ssec.1) The IQQM computer program’s simulation for the simulation period for surface water is used to assess consistency with the objectives. (sec.24-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used. (sec.24-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.

sec.25 Taking or interfering with water from waterholes or lakes

This section applies to the chief executive in making a decision about— a licence for taking unsupplemented water; or converting an authorisation for taking unsupplemented water into a water allocation; or the management of surface water under a resource operations licence. If the licence, water allocation or resource operations licence allows taking or interfering with 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, water allocation or resource operation licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed. s 25 amd 2009 SL No. 212 s 31 (sec.25-ssec.1) This section applies to the chief executive in making a decision about— a licence for taking unsupplemented water; or converting an authorisation for taking unsupplemented water into a water allocation; or the management of surface water under a resource operations licence. (sec.25-ssec.2) If the licence, water allocation or resource operations licence allows taking or interfering with 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, water allocation or resource operation 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.25-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for a licence or water allocation that replaces an authorisation in force immediately before the commencement of this plan—the holder of the authorisation would suffer economic hardship if the condition were imposed.

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

Dealing with unallocated water under a resource operations plan

sec.26 Matters chief executive must consider

In preparing and implementing a process for dealing with unallocated surface water under a resource operations plan, the chief executive must consider— the efficiency of existing and proposed water use practices; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of, or interfering with, the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows. Subsection (1) does not limit the matters the chief executive may consider. s 26 amd 2009 SL No. 212 s 32 (sec.26-ssec.1) In preparing and implementing a process for dealing with unallocated surface water under a resource operations plan, the chief executive must consider— the efficiency of existing and proposed water use practices; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of, or interfering with, the water may have on the following— water quality; inundation of habitats; the movement of fish and other aquatic species; the natural movement of sediment; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows. (sec.26-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) the efficiency of existing and proposed water use practices; and
• (b) the availability of an alternative water supply for the purpose for which the water is required; and
• (c) the impact the proposed taking of, or interfering with, the water may have on the following— (i) water quality; (ii) inundation of habitats; (iii) the movement of fish and other aquatic species; (iv) the natural movement of sediment; (v) recreation and aesthetic values; (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and
• (i) water quality;
• (ii) inundation of habitats;
• (iii) the movement of fish and other aquatic species;
• (iv) the natural movement of sediment;
• (v) recreation and aesthetic values;
• (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and
• (d) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows.
• (i) water quality;
• (ii) inundation of habitats;
• (iii) the movement of fish and other aquatic species;
• (iv) the natural movement of sediment;
• (v) recreation and aesthetic values;
• (vi) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and

sec.27 Licences for unallocated surface water in subcatchment area 12

The chief executive may grant a licence for taking surface water from subcatchment area 12 only if the nominal entitlement for the licence does not result in the total nominal entitlements for licences granted after the commencement being more than 4000ML. The chief executive must impose conditions on the licence that— surface water may be taken only if— the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and the licensee must start taking surface water under the licence within 2 years after the day the licence is granted. The licence must state the nominal entitlement and the maximum rate at which surface water may be taken under the licence. s 27 amd 2009 SL No. 212 s 33 (sec.27-ssec.1) The chief executive may grant a licence for taking surface water from subcatchment area 12 only if the nominal entitlement for the licence does not result in the total nominal entitlements for licences granted after the commencement being more than 4000ML. (sec.27-ssec.2) The chief executive must impose conditions on the licence that— surface water may be taken only if— the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and the licensee must start taking surface water under the licence within 2 years after the day the licence is granted. (sec.27-ssec.3) The licence must state the nominal entitlement and the maximum rate at which surface water may be taken under the licence.

• (a) surface water may be taken only if— (i) the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and (ii) there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and
• (i) the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and
• (ii) there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and
• (b) the licensee must start taking surface water under the licence within 2 years after the day the licence is granted.
• (i) the taking does not stop surface water from flowing immediately downstream of the place where the surface water is taken; and
• (ii) there is surface flow greater than 1400ML a day at gauging station 126001 situated on Sandy Creek at Homebush; and

Deciding operational and supply arrangements for water infrastructure

Section sec.28

s 28 om 2014 SL No. 142 s 206

sec.29 Matters chief executive must consider

In deciding the operating arrangements and supply requirements for water infrastructure, the chief executive must consider— the impact of the infrastructure’s operation on the following— water quality; instream water levels; erosion of the bed and banks of watercourses; riparian vegetation; the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and the impact of the infrastructure on the movement of fish and other aquatic species; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure. Subsection (1) does not limit the matters the chief executive may consider. s 29 amd 2014 SL No. 142 s 207 (sec.29-ssec.1) In deciding the operating arrangements and supply requirements for water infrastructure, the chief executive must consider— the impact of the infrastructure’s operation on the following— water quality; instream water levels; erosion of the bed and banks of watercourses; riparian vegetation; the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; recreation and aesthetic values; cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and the impact of the infrastructure on the movement of fish and other aquatic species; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure. (sec.29-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) the impact of the infrastructure’s operation on the following— (i) water quality; (ii) instream water levels; (iii) erosion of the bed and banks of watercourses; (iv) riparian vegetation; (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; (vi) recreation and aesthetic values; (vii) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and
• (i) water quality;
• (ii) instream water levels;
• (iii) erosion of the bed and banks of watercourses;
• (iv) riparian vegetation;
• (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
• (vi) recreation and aesthetic values;
• (vii) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and
• (b) the impact of the infrastructure on the movement of fish and other aquatic species; and
• (c) the impact of the transfer of water between watercourses; and
• (d) the likelihood of fish deaths caused by the operation of the infrastructure.
• (i) water quality;
• (ii) instream water levels;
• (iii) erosion of the bed and banks of watercourses;
• (iv) riparian vegetation;
• (v) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
• (vi) recreation and aesthetic values;
• (vii) cultural values, including, for example, cultural values of local Aboriginal or Torres Strait Islander communities; and

Water licences to take declared water

Section sec.30

s 30 om 2014 SL No. 142 s 209

sec.30A Granting water licences to take declared water

This section applies if, under section 37 of the Act , a chief executive’s notice requires the owner of land in the watercourse area on which there are existing works for taking groundwater to notify the chief executive of the works and the water use. After the chief executive receives the notice, the chief executive may, under section 212 of the Act , grant a water licence to the owner to take declared water using the works. The licence must be— granted under a process stated in the resource operations plan; and consistent with part 5A , division 7 . However, for the purpose of granting a water licence under this section, a reference in part 5A , division 7 to groundwater is taken to be a reference to declared water. In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. s 30A ins 2009 SL No. 212 s 34 amd 2011 Act No. 40 s 107 sch (sec.30A-ssec.1) This section applies if, under section 37 of the Act , a chief executive’s notice requires the owner of land in the watercourse area on which there are existing works for taking groundwater to notify the chief executive of the works and the water use. (sec.30A-ssec.2) After the chief executive receives the notice, the chief executive may, under section 212 of the Act , grant a water licence to the owner to take declared water using the works. (sec.30A-ssec.3) The licence must be— granted under a process stated in the resource operations plan; and consistent with part 5A , division 7 . (sec.30A-ssec.4) However, for the purpose of granting a water licence under this section, a reference in part 5A , division 7 to groundwater is taken to be a reference to declared water. (sec.30A-ssec.5) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.

• (a) granted under a process stated in the resource operations plan; and
• (b) consistent with part 5A , division 7 .

Converting authorisations to water allocations

sec.31 Definition for div 5

In this division— authorisation means an authorisation or authority mentioned in section 32 .

sec.32 Application of div 5

This division applies only to— authorisations converted, under the resource operations plan, to water allocations; and water allocations converted, under the resource operations plan, from authorisations. s 32 amd 2014 SL No. 142 s 210

• (a) authorisations converted, under the resource operations plan, to water allocations; and
• (b) water allocations converted, under the resource operations plan, from authorisations.

sec.33 Conditions of authorisations

The chief executive must not include on an allocation, a condition of the authorisation that allowed the holder of the authorisation to take surface water in addition to the volume stated on the authorisation. a condition allowing the taking of surface water as an ‘out of allocation supply’ Subsection (1) does not apply to a condition stating flow conditions under which surface water may be taken for the purpose of water harvesting. s 33 amd 2009 SL No. 212 s 35 (sec.33-ssec.1) The chief executive must not include on an allocation, a condition of the authorisation that allowed the holder of the authorisation to take surface water in addition to the volume stated on the authorisation. a condition allowing the taking of surface water as an ‘out of allocation supply’ (sec.33-ssec.2) Subsection (1) does not apply to a condition stating flow conditions under which surface water may be taken for the purpose of water harvesting.

sec.34 Location for taking surface water

The location for taking surface water stated on a surface water allocation must include the place at which surface water could have been taken under the authorisation. s 34 amd 2009 SL No. 212 s 36

sec.35 Purpose to be stated on water allocation

If the purpose stated on an authorisation is one of the following, or a similar purpose, the purpose stated on the water allocation must be ‘rural’— stock; domestic; irrigation; stock intensive; agriculture. If the purpose stated on an authorisation is ‘distribution loss’, the purpose stated on the water allocation must be ‘distribution loss’. (sec.35-ssec.1) If the purpose stated on an authorisation is one of the following, or a similar purpose, the purpose stated on the water allocation must be ‘rural’— stock; domestic; irrigation; stock intensive; agriculture. (sec.35-ssec.2) If the purpose stated on an authorisation is ‘distribution loss’, the purpose stated on the water allocation must be ‘distribution loss’.

• (a) stock;
• (b) domestic;
• (c) irrigation;
• (d) stock intensive;
• (e) agriculture.

Section sec.36

s 36 om 2014 SL No. 142 s 211

Section sec.37

s 37 om 2014 SL No. 142 s 211

Section sec.38

s 38 om 2014 SL No. 142 s 211

sec.39 Volume of unsupplemented water

A water allocation to take unsupplemented water must state a monthly volumetric limit. s 39 sub 2014 SL No. 142 s 212

sec.40 Nominal volume for unsupplemented water

In deciding the nominal volume for a water allocation in a water allocation group mentioned in schedule 6 , table 1, column 1, the chief executive— must have regard to— the local availability of water; and the conditions under which the water may be taken under the authorisation; and the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and the simulated mean annual diversion; and the efficiency of the use of the water mentioned in subparagraph (iii) ; and must ensure the total of the nominal volumes for the water allocation group is not more than the volume stated in schedule 6 , table 1, column 2, for the group. s 40 amd 2009 SL No. 212 s 37

• (a) must have regard to— (i) the local availability of water; and (ii) the conditions under which the water may be taken under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the simulated mean annual diversion; and (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
• (i) the local availability of water; and
• (ii) the conditions under which the water may be taken under the authorisation; and
• (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
• (iv) the simulated mean annual diversion; and
• (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and
• (b) must ensure the total of the nominal volumes for the water allocation group is not more than the volume stated in schedule 6 , table 1, column 2, for the group.
• (i) the local availability of water; and
• (ii) the conditions under which the water may be taken under the authorisation; and
• (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
• (iv) the simulated mean annual diversion; and
• (v) the efficiency of the use of the water mentioned in subparagraph (iii) ; and

sec.41 Annual volumetric limit for unsupplemented water

The annual volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states an annual volume of water—the stated volume; and for an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— for conditional licences—3.3; and for other licences—4.4; and for another authorisation—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the authorisation; and the water taking capacity of any existing works for taking water under the authorisation; and the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and the efficiency of the use of the water mentioned in subparagraph (iii) .

• (a) for an authorisation that states an annual volume of water—the stated volume; and
• (b) for an authorisation that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for conditional licences—3.3; and (ii) for other licences—4.4; and
• (i) for conditional licences—3.3; and
• (ii) for other licences—4.4; and
• (c) for another authorisation—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the authorisation; and (ii) the water taking capacity of any existing works for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
• (i) the conditions under which water may be taken under the authorisation; and
• (ii) the water taking capacity of any existing works for taking water under the authorisation; and
• (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
• (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
• (i) for conditional licences—3.3; and
• (ii) for other licences—4.4; and
• (i) the conditions under which water may be taken under the authorisation; and
• (ii) the water taking capacity of any existing works for taking water under the authorisation; and
• (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
• (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .

sec.42 Monthly volumetric limits

In deciding monthly volumetric limits for a water allocation to take unsupplemented water, the chief executive must have regard to— the local availability of water in each month; and the conditions under which the water may be taken under the authorisation; and the volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and the simulated mean annual diversion; and the efficiency of the use of the water mentioned in paragraph (c) .

• (a) the local availability of water in each month; and
• (b) the conditions under which the water may be taken under the authorisation; and
• (c) the volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
• (d) the simulated mean annual diversion; and
• (e) the efficiency of the use of the water mentioned in paragraph (c) .

sec.43 Maximum rates for taking unsupplemented water

The maximum rate at which unsupplemented water may be taken under an allocation is— for an authorisation that states a maximum rate—the stated rate; and for an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 7 , column 1— if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— the conditions under which the water may be taken; and the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and the efficiency of the water use mentioned in subsubparagraph (C); or otherwise—the rate stated in schedule 7 , column 2, for the pump size; and for an authorisation that does not state a maximum rate but for which a related development permit states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and for another authorisation—the rate decided by the chief executive having regard to— the nature of the authorisation; and an estimate or measurement of the rate at which water is taken under the authorisation.

• (a) for an authorisation that states a maximum rate—the stated rate; and
• (b) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 7 , column 1— (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and
• (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or
• (A) the conditions under which the water may be taken; and
• (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
• (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
• (D) the efficiency of the water use mentioned in subsubparagraph (C); or
• (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and
• (c) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and
• (d) for another authorisation—the rate decided by the chief executive having regard to— (i) the nature of the authorisation; and (ii) an estimate or measurement of the rate at which water is taken under the authorisation.
• (i) the nature of the authorisation; and
• (ii) an estimate or measurement of the rate at which water is taken under the authorisation.
• (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in schedule 7 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the water use mentioned in subsubparagraph (C); or
• (A) the conditions under which the water may be taken; and
• (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
• (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
• (D) the efficiency of the water use mentioned in subsubparagraph (C); or
• (ii) otherwise—the rate stated in schedule 7 , column 2, for the pump size; and
• (A) the conditions under which the water may be taken; and
• (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
• (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
• (D) the efficiency of the water use mentioned in subsubparagraph (C); or
• (i) the nature of the authorisation; and
• (ii) an estimate or measurement of the rate at which water is taken under the authorisation.

sec.44 Conditions for unsupplemented water allocations

In deciding the conditions under which water may be taken under a water allocation to take unsupplemented water, the chief executive must have regard to the conditions stated on the relevant authorisation.

sec.45 Water allocation groups for unsupplemented water allocations

A water allocation to take unsupplemented water in a subcatchment area mentioned in schedule 8 , part 1 , column 1, belongs to— for an authorisation that states the area that may be irrigated or for town water supply purposes—the water allocation group mentioned in column 2 for the subcatchment area; or for an authorisation to take declared water for a purpose other than stock or domestic purposes—the water allocation group mentioned in column 3 for the subcatchment area; or for other authorisations—the water allocation group mentioned in column 4 for the subcatchment area. s 45 amd 2009 SL No. 212 s 38

• (a) for an authorisation that states the area that may be irrigated or for town water supply purposes—the water allocation group mentioned in column 2 for the subcatchment area; or
• (b) for an authorisation to take declared water for a purpose other than stock or domestic purposes—the water allocation group mentioned in column 3 for the subcatchment area; or
• (c) for other authorisations—the water allocation group mentioned in column 4 for the subcatchment area.

Licences for taking unsupplemented water

sec.46 Water licences to take unsupplemented water

A water licence to take unsupplemented water must state— a nominal entitlement for the licence; and the maximum rate at which water may be taken under the licence; and the purpose for which water may be taken under the licence. s 46 sub 2009 SL No. 212 s 39 amd 2014 SL No. 142 s 213

• (a) a nominal entitlement for the licence; and
• (b) the maximum rate at which water may be taken under the licence; and
• (c) the purpose for which water may be taken under the licence.

sec.47 Nominal entitlement

This section states the nominal entitlement for a licence to take unsupplemented water in force on the commencement of this plan. The nominal entitlement is— for a licence or authority that states a volume of water that may be taken—the stated volume; and for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— for a licence in subcatchment area 12 or 14—3.3; and for a licence in subcatchment area 13—2.5; and for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and for other licences—4.4; and for another licence or authority—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the licence; and the water taking capacity of any existing works for taking water under the licence; and 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; and the efficiency of the use of the water mentioned in subparagraph (iii) . s 47 amd 2009 SL No. 212 s 40 ; 2014 SL No. 142 s 214 (sec.47-ssec.1) This section states the nominal entitlement for a licence to take unsupplemented water in force on the commencement of this plan. (sec.47-ssec.2) The nominal entitlement is— for a licence or authority that states a volume of water that may be taken—the stated volume; and for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— for a licence in subcatchment area 12 or 14—3.3; and for a licence in subcatchment area 13—2.5; and for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and for other licences—4.4; and for another licence or authority—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the licence; and the water taking capacity of any existing works for taking water under the licence; and 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; and the efficiency of the use of the water mentioned in subparagraph (iii) .

• (a) for a licence or authority that states a volume of water that may be taken—the stated volume; and
• (b) for a licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for a licence in subcatchment area 12 or 14—3.3; and (ii) for a licence in subcatchment area 13—2.5; and (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and (iv) for other licences—4.4; and
• (i) for a licence in subcatchment area 12 or 14—3.3; and
• (ii) for a licence in subcatchment area 13—2.5; and
• (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and
• (iv) for other licences—4.4; and
• (c) for another licence or authority—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the licence; and (ii) the water taking capacity of any existing works for taking water under the licence; and (iii) 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; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
• (i) the conditions under which water may be taken under the licence; and
• (ii) the water taking capacity of any existing works for taking water under the licence; and
• (iii) 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; and
• (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
• (i) for a licence in subcatchment area 12 or 14—3.3; and
• (ii) for a licence in subcatchment area 13—2.5; and
• (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and
• (iv) for other licences—4.4; and
• (i) the conditions under which water may be taken under the licence; and
• (ii) the water taking capacity of any existing works for taking water under the licence; and
• (iii) 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; and
• (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .

sec.48 Maximum rates for taking unsupplemented water

The maximum rate at which unsupplemented water may be taken under a water licence is the maximum rate mentioned in section 43 or decided by the chief executive under that section as if the water licence were a water allocation. s 48 sub 2014 SL No. 142 s 215

sec.48A Purpose to be stated on water licence

The purpose to be stated on a water licence to take unsupplemented water must be— if the purpose for which the water is being taken is agriculture, aquaculture, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or otherwise—‘any’. s 48A ins 2009 SL No. 212 s 41

• (a) if the purpose for which the water is being taken is agriculture, aquaculture, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or
• (b) otherwise—‘any’.

Taking declared water for stock or domestic purposes

sec.48B Taking declared water for stock or domestic purposes authorised

This section applies to an owner of land— in the watercourse area; and not adjoining a watercourse in the watercourse area. The owner may take declared water in the area for stock or domestic purposes. s 48B ins 2009 SL No. 212 s 43 (sec.48B-ssec.1) This section applies to an owner of land— in the watercourse area; and not adjoining a watercourse in the watercourse area. (sec.48B-ssec.2) The owner may take declared water in the area for stock or domestic purposes.

• (a) in the watercourse area; and
• (b) not adjoining a watercourse in the watercourse area.

Strategies for achieving outcomes (groundwater)

Preliminary

sec.49 Decisions consistent with objectives

Decisions about the allocation or management of groundwater in the plan area, other than a decision relating to a water permit, must be consistent with— the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and the water allocation security objectives stated in schedule 5 , part 3 . s 49 ins 2009 SL No. 212 s 43

• (a) the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and
• (b) the water allocation security objectives stated in schedule 5 , part 3 .

sec.49A Assessing impact of decisions

The groundwater computer program’s simulation for the simulation period for groundwater is used to assess consistency with the environmental flow objectives and water allocation security objectives for groundwater. If it is not practicable to use the groundwater computer program, another assessment method approved by the chief executive may be used. The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the groundwater computer program. In this section— groundwater computer program means the MODFLOW computer program or MODHMS computer program. MODFLOW computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the plan area. MODHMS computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge, groundwater flows, river flows and seawater intrusion in parts of the plan area. s 49A ins 2009 SL No. 212 s 43 (sec.49A-ssec.1) The groundwater computer program’s simulation for the simulation period for groundwater is used to assess consistency with the environmental flow objectives and water allocation security objectives for groundwater. (sec.49A-ssec.2) If it is not practicable to use the groundwater computer program, another assessment method approved by the chief executive may be used. (sec.49A-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the groundwater computer program. (sec.49A-ssec.4) In this section— groundwater computer program means the MODFLOW computer program or MODHMS computer program. MODFLOW computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge and groundwater flows in parts of the plan area. MODHMS computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge, groundwater flows, river flows and seawater intrusion in parts of the plan area.

sec.49B Limitation on taking groundwater— Act , s 20 (2)

A person may not take groundwater in the groundwater management area other than— under a water permit; or under a water entitlement; or under an authorisation under section 49I or 49ZB . s 49B ins 2009 SL No. 212 s 43 amd 2013 Act No. 23 s 352 sch 1 pt 2

• (a) under a water permit; or
• (b) under a water entitlement; or
• (c) under an authorisation under section 49I or 49ZB .

sec.49C Restrictions on taking groundwater

This section applies to the chief executive in making a decision about— changing a water allocation to take groundwater; or a water licence to take groundwater; or converting a water licence to take groundwater to a water allocation to take groundwater; or taking groundwater involving an exchange between surface water and groundwater. If the allocation or licence allows taking groundwater, the chief executive must— consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and consider the impact the cumulative taking may have on— surface water flows and groundwater flows; and other water users; and seawater intrusion or an area of poor water quality; and impose a condition on the allocation or licence about— maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD limiting the maximum daily, monthly or quarterly rates of take of groundwater. a condition that the maximum quarterly rate of take of groundwater is 25ML However, the chief executive need not impose a condition mentioned in subsection (2) (c) if the chief executive is satisfied— the taking will not adversely impact on the ecological values or other water users; or for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed. Subsection (2) does not limit the matters the chief executive may consider. In this section— AHD means Australian Height Datum. s 49C ins 2009 SL No. 212 s 43 (sec.49C-ssec.1) This section applies to the chief executive in making a decision about— changing a water allocation to take groundwater; or a water licence to take groundwater; or converting a water licence to take groundwater to a water allocation to take groundwater; or taking groundwater involving an exchange between surface water and groundwater. (sec.49C-ssec.2) If the allocation or licence allows taking groundwater, the chief executive must— consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and consider the impact the cumulative taking may have on— surface water flows and groundwater flows; and other water users; and seawater intrusion or an area of poor water quality; and impose a condition on the allocation or licence about— maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD limiting the maximum daily, monthly or quarterly rates of take of groundwater. a condition that the maximum quarterly rate of take of groundwater is 25ML (sec.49C-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (c) if the chief executive is satisfied— the taking will not adversely impact on the ecological values or other water users; or for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed. (sec.49C-ssec.4) Subsection (2) does not limit the matters the chief executive may consider. (sec.49C-ssec.5) In this section— AHD means Australian Height Datum.

• (a) changing a water allocation to take groundwater; or
• (b) a water licence to take groundwater; or
• (c) converting a water licence to take groundwater to a water allocation to take groundwater; or
• (d) taking groundwater involving an exchange between surface water and groundwater.
• (a) consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and
• (b) consider the impact the cumulative taking may have on— (i) surface water flows and groundwater flows; and (ii) other water users; and (iii) seawater intrusion or an area of poor water quality; and
• (i) surface water flows and groundwater flows; and
• (ii) other water users; and
• (iii) seawater intrusion or an area of poor water quality; and
• (c) impose a condition on the allocation or licence about— (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c) (i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c) (ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML
• (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c) (i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD
• (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c) (ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML
• (i) surface water flows and groundwater flows; and
• (ii) other water users; and
• (iii) seawater intrusion or an area of poor water quality; and
• (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c) (i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD
• (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c) (ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML
• (a) the taking will not adversely impact on the ecological values or other water users; or
• (b) for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed.

sec.49D Decisions not to increase amount of groundwater taken

The chief executive must not make a decision about the allocation or management of groundwater in the plan area that would— increase the annual volumetric limits for water allocations to take groundwater in the plan area; or increase the nominal entitlements for water licences to take groundwater in the plan area; or allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded. A decision mentioned in subsection (1) (b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day. Subsection (1) (a) and (b) do not apply to a decision— about a water permit; or about an application mentioned in section 22D (4) ; or to grant a water licence under section 30A ; or to grant a water licence under section 49J ; or to convert an authorisation to a water allocation mentioned in section 49K . In this section— relevant authorisation means— authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or authorisation 16. s 49D ins 2009 SL No. 212 s 43 amd 2014 SL No. 142 s 216 (sec.49D-ssec.1) The chief executive must not make a decision about the allocation or management of groundwater in the plan area that would— increase the annual volumetric limits for water allocations to take groundwater in the plan area; or increase the nominal entitlements for water licences to take groundwater in the plan area; or allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded. (sec.49D-ssec.2) A decision mentioned in subsection (1) (b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day. (sec.49D-ssec.3) Subsection (1) (a) and (b) do not apply to a decision— about a water permit; or about an application mentioned in section 22D (4) ; or to grant a water licence under section 30A ; or to grant a water licence under section 49J ; or to convert an authorisation to a water allocation mentioned in section 49K . (sec.49D-ssec.4) In this section— relevant authorisation means— authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or authorisation 16.

• (a) increase the annual volumetric limits for water allocations to take groundwater in the plan area; or
• (b) increase the nominal entitlements for water licences to take groundwater in the plan area; or
• (c) allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded.
• (a) about a water permit; or
• (b) about an application mentioned in section 22D (4) ; or
• (c) to grant a water licence under section 30A ; or
• (d) to grant a water licence under section 49J ; or
• (e) to convert an authorisation to a water allocation mentioned in section 49K .
• (a) authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— (i) for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or
• (i) for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or
• (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or
• (b) authorisation 16.
• (i) for a water year mentioned in schedule 9C —the annual entitlement for the authorisation is decided under section 49Y ; or
• (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or

Environmental management rules, water sharing rules and water allocation change rules

sec.49E Matters to be considered for environmental management rules

In deciding the environmental management rules relating to groundwater to be included in the resource operations plan, the chief executive must consider— the distance of a water bore from a watercourse, lake, spring or area of ecological value; and the groundwater flow regime required to maintain the following— habitats needed by aquatic biota in hyporheic zones; relevant groundwater-dependent ecosystems; the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; the natural seasonality of low flows and periods of no flow; and the impact the taking or proposed taking of groundwater may have on the following— the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones; seawater intrusion or water quality; baseflow. Subsection (1) does not limit the matters the chief executive may consider. s 49E ins 2009 SL No. 212 s 45 (sec.49E-ssec.1) In deciding the environmental management rules relating to groundwater to be included in the resource operations plan, the chief executive must consider— the distance of a water bore from a watercourse, lake, spring or area of ecological value; and the groundwater flow regime required to maintain the following— habitats needed by aquatic biota in hyporheic zones; relevant groundwater-dependent ecosystems; the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; the natural seasonality of low flows and periods of no flow; and the impact the taking or proposed taking of groundwater may have on the following— the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones; seawater intrusion or water quality; baseflow. (sec.49E-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) the distance of a water bore from a watercourse, lake, spring or area of ecological value; and
• (b) the groundwater flow regime required to maintain the following— (i) habitats needed by aquatic biota in hyporheic zones; (ii) relevant groundwater-dependent ecosystems; (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; (iv) the natural seasonality of low flows and periods of no flow; and
• (i) habitats needed by aquatic biota in hyporheic zones;
• (ii) relevant groundwater-dependent ecosystems;
• (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;
• (iv) the natural seasonality of low flows and periods of no flow; and
• (c) the impact the taking or proposed taking of groundwater may have on the following— (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones; (ii) seawater intrusion or water quality; (iii) baseflow.
• (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones;
• (ii) seawater intrusion or water quality;
• (iii) baseflow.
• (i) habitats needed by aquatic biota in hyporheic zones;
• (ii) relevant groundwater-dependent ecosystems;
• (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota;
• (iv) the natural seasonality of low flows and periods of no flow; and
• (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones;
• (ii) seawater intrusion or water quality;
• (iii) baseflow.

sec.49F 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 groundwater in a part of the groundwater management area, the chief executive must consider— any water sharing rules for the authorisations existing immediately before the plan amendment day; and the local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and the water allocation security objectives stated in schedule 5 , part 3 ; and the operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and the daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and the annual volumetric limits for water allocations, decided under sections 22B and 49N ; and the nominal entitlements for water licences decided under sections 22B and 49U ; and the impact of the taking on authorisations in the part of the groundwater management area; and the impact of the taking on the movement of the seawater intrusion front; and the proximity of any water bores to the seawater intrusion front; and the electrical conductivity of the groundwater taken under the authorisations. Subsection (1) does not limit the matters the chief executive may consider. s 49F ins 2009 SL No. 212 s 45 (sec.49F-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take groundwater in a part of the groundwater management area, the chief executive must consider— any water sharing rules for the authorisations existing immediately before the plan amendment day; and the local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and the water allocation security objectives stated in schedule 5 , part 3 ; and the operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and the daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and the annual volumetric limits for water allocations, decided under sections 22B and 49N ; and the nominal entitlements for water licences decided under sections 22B and 49U ; and the impact of the taking on authorisations in the part of the groundwater management area; and the impact of the taking on the movement of the seawater intrusion front; and the proximity of any water bores to the seawater intrusion front; and the electrical conductivity of the groundwater taken under the authorisations. (sec.49F-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) any water sharing rules for the authorisations existing immediately before the plan amendment day; and
• (b) the local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and
• (c) the environmental flow objectives stated in schedule 4 , part 5 or 6 ; and
• (d) the water allocation security objectives stated in schedule 5 , part 3 ; and
• (e) the operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and
• (f) the daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and
• (g) the annual volumetric limits for water allocations, decided under sections 22B and 49N ; and
• (h) the nominal entitlements for water licences decided under sections 22B and 49U ; and
• (i) the impact of the taking on authorisations in the part of the groundwater management area; and
• (j) the impact of the taking on the movement of the seawater intrusion front; and
• (k) the proximity of any water bores to the seawater intrusion front; and
• (l) the electrical conductivity of the groundwater taken under the authorisations.

sec.49G Matters to be considered for water allocation change rules

In deciding the water allocation change rules to be included in the resource operations plan for water allocations to take groundwater in a part of the groundwater management area, the chief executive must consider— the volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and the impact the proposed taking would have on the following— watercourses, lakes, springs, baseflow, waterholes or areas of ecological value; the ecological values of relevant groundwater-dependent ecosystems; seawater intrusion or areas of poor water quality; other authorisations in the area of the proposed taking; nodes or monitoring bores in the part of the groundwater management area. Subsection (1) does not limit the matters the chief executive may consider. In this section— monitoring bore means a water bore used for monitoring water levels in an aquifer. volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality. s 49G ins 2009 SL No. 212 s 45 (sec.49G-ssec.1) In deciding the water allocation change rules to be included in the resource operations plan for water allocations to take groundwater in a part of the groundwater management area, the chief executive must consider— the volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and the impact the proposed taking would have on the following— watercourses, lakes, springs, baseflow, waterholes or areas of ecological value; the ecological values of relevant groundwater-dependent ecosystems; seawater intrusion or areas of poor water quality; other authorisations in the area of the proposed taking; nodes or monitoring bores in the part of the groundwater management area. (sec.49G-ssec.2) Subsection (1) does not limit the matters the chief executive may consider. (sec.49G-ssec.3) In this section— monitoring bore means a water bore used for monitoring water levels in an aquifer. volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality.

• (a) the volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and
• (b) the impact the proposed taking would have on the following— (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value; (ii) the ecological values of relevant groundwater-dependent ecosystems; (iii) seawater intrusion or areas of poor water quality; (iv) other authorisations in the area of the proposed taking; (v) nodes or monitoring bores in the part of the groundwater management area.
• (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value;
• (ii) the ecological values of relevant groundwater-dependent ecosystems;
• (iii) seawater intrusion or areas of poor water quality;
• (iv) other authorisations in the area of the proposed taking;
• (v) nodes or monitoring bores in the part of the groundwater management area.
• (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value;
• (ii) the ecological values of relevant groundwater-dependent ecosystems;
• (iii) seawater intrusion or areas of poor water quality;
• (iv) other authorisations in the area of the proposed taking;
• (v) nodes or monitoring bores in the part of the groundwater management area.

Unallocated groundwater

sec.49H Unallocated groundwater

There is no unallocated groundwater in the groundwater management area other than— for granting water licences under section 49J ; or for water allocations mentioned in section 49K converted from authorisation 3; or for stock or domestic purposes under division 9 . s 49H ins 2009 SL No. 212 s 45

• (a) for granting water licences under section 49J ; or
• (b) for water allocations mentioned in section 49K converted from authorisation 3; or
• (c) for stock or domestic purposes under division 9 .

Authorisations for purpose other than stock or domestic purposes

sec.49I Taking groundwater using existing works authorised

An owner of land on which there is existing works may continue to take groundwater in the undeclared area for a purpose other than stock or domestic purposes for 60 business days after the plan amendment day. Also, if the owner gives the chief executive notice in the approved form of the works, the owner may continue to take the water using the works after the notice is given. In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. s 49I ins 2009 SL No. 212 s 45 (sec.49I-ssec.1) An owner of land on which there is existing works may continue to take groundwater in the undeclared area for a purpose other than stock or domestic purposes for 60 business days after the plan amendment day. (sec.49I-ssec.2) Also, if the owner gives the chief executive notice in the approved form of the works, the owner may continue to take the water using the works after the notice is given. (sec.49I-ssec.3) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.

Granting water licences

sec.49J Granting water licences for authorisation 4

The chief executive must, under section 212 of the Act , grant a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 to the owner mentioned in section 49I (2) if the owner is the holder of authorisation 4. The licence must be— granted under a process stated in the resource operations plan; and consistent with division 7 . In this section— authorisation 4 means an authorisation under section 49I (2) to continue to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 using the works mentioned in the section. s 49J ins 2009 SL No. 212 s 45 (sec.49J-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 to the owner mentioned in section 49I (2) if the owner is the holder of authorisation 4. (sec.49J-ssec.2) The licence must be— granted under a process stated in the resource operations plan; and consistent with division 7 . (sec.49J-ssec.3) In this section— authorisation 4 means an authorisation under section 49I (2) to continue to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 using the works mentioned in the section.

• (a) granted under a process stated in the resource operations plan; and
• (b) consistent with division 7 .

Converting authorisations to water allocations

sec.49K Application of div 6

This division applies to water allocations to take groundwater converted under the resource operations plan from authorisation 1, 2, 3, 6, 7, 9 or 11. s 49K ins 2009 SL No. 212 s 45

sec.49L Elements of a water allocation

A water allocation to take groundwater must state an annual volumetric limit for the allocation. A water allocation to take groundwater may state a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the allocation. s 49L ins 2009 SL No. 212 s 45 amd 2014 SL No. 142 s 217 (sec.49L-ssec.1) A water allocation to take groundwater must state an annual volumetric limit for the allocation. (sec.49L-ssec.2) A water allocation to take groundwater may state a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the allocation.

sec.49M Nominal volume

In deciding the nominal volume for a water allocation to take groundwater in a water allocation group mentioned in schedule 6 , table 2, column 1 (the group ), the chief executive must— have regard to— the local availability of the groundwater; and the conditions under which groundwater may be taken under the allocation; and the simulated mean annual supply for the allocation; and the efficiency of the use of the groundwater taken; and ensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6 , table 2, column 3 for the group. In this section— simulated mean annual supply , for a water allocation, or water allocation group, to take groundwater, means the total volume of groundwater simulated to have been pumped by water bores under the allocation or group, if the allocation or group was in existence for the whole of the simulation period for groundwater, divided by the number of years in the simulation period for groundwater. s 49M ins 2009 SL No. 212 s 45 (sec.49M-ssec.1) In deciding the nominal volume for a water allocation to take groundwater in a water allocation group mentioned in schedule 6 , table 2, column 1 (the group ), the chief executive must— have regard to— the local availability of the groundwater; and the conditions under which groundwater may be taken under the allocation; and the simulated mean annual supply for the allocation; and the efficiency of the use of the groundwater taken; and ensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6 , table 2, column 3 for the group. (sec.49M-ssec.2) In this section— simulated mean annual supply , for a water allocation, or water allocation group, to take groundwater, means the total volume of groundwater simulated to have been pumped by water bores under the allocation or group, if the allocation or group was in existence for the whole of the simulation period for groundwater, divided by the number of years in the simulation period for groundwater.

• (a) have regard to— (i) the local availability of the groundwater; and (ii) the conditions under which groundwater may be taken under the allocation; and (iii) the simulated mean annual supply for the allocation; and (iv) the efficiency of the use of the groundwater taken; and
• (i) the local availability of the groundwater; and
• (ii) the conditions under which groundwater may be taken under the allocation; and
• (iii) the simulated mean annual supply for the allocation; and
• (iv) the efficiency of the use of the groundwater taken; and
• (b) ensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6 , table 2, column 3 for the group.
• (i) the local availability of the groundwater; and
• (ii) the conditions under which groundwater may be taken under the allocation; and
• (iii) the simulated mean annual supply for the allocation; and
• (iv) the efficiency of the use of the groundwater taken; and

sec.49N Annual volumetric limit

The annual volumetric limit for a water allocation to take groundwater is— for authorisation 1 and authorisation 2—the nominal entitlement stated on the authorisation; and for authorisation 3—the volume worked out under section 22B ; and for authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A , column 2 for the authorisation; and for authorisation 7 or 9 for which the precomplementary component nominal entitlement is— 20ML or less—the precomplementary component nominal entitlement; or more than 20ML—the greater of the following— the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; 20ML; and for authorisation 11—1300ML. In deciding the annual volumetric limits for water allocations in a water allocation group mentioned in schedule 6 , table 2 column 1, the chief executive must ensure the total of the annual volumetric limits for the group is not more than the volume stated in schedule 6 , table 2, column 2 for the group. s 49N ins 2009 SL No. 212 s 45 amd 2014 SL No. 142 s 218 (sec.49N-ssec.1) The annual volumetric limit for a water allocation to take groundwater is— for authorisation 1 and authorisation 2—the nominal entitlement stated on the authorisation; and for authorisation 3—the volume worked out under section 22B ; and for authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A , column 2 for the authorisation; and for authorisation 7 or 9 for which the precomplementary component nominal entitlement is— 20ML or less—the precomplementary component nominal entitlement; or more than 20ML—the greater of the following— the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; 20ML; and for authorisation 11—1300ML. (sec.49N-ssec.2) In deciding the annual volumetric limits for water allocations in a water allocation group mentioned in schedule 6 , table 2 column 1, the chief executive must ensure the total of the annual volumetric limits for the group is not more than the volume stated in schedule 6 , table 2, column 2 for the group.

• (a) for authorisation 1 and authorisation 2—the nominal entitlement stated on the authorisation; and
• (b) for authorisation 3—the volume worked out under section 22B ; and
• (c) for authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A , column 2 for the authorisation; and
• (d) for authorisation 7 or 9 for which the precomplementary component nominal entitlement is— (i) 20ML or less—the precomplementary component nominal entitlement; or (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; (B) 20ML; and
• (i) 20ML or less—the precomplementary component nominal entitlement; or
• (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; (B) 20ML; and
• (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;
• (B) 20ML; and
• (e) for authorisation 11—1300ML.
• (i) 20ML or less—the precomplementary component nominal entitlement; or
• (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2; (B) 20ML; and
• (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;
• (B) 20ML; and
• (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A , column 2;
• (B) 20ML; and

sec.49O Purpose to be stated on water allocation

The purpose to be stated on a water allocation to take groundwater must be— if the purpose stated on the authorisation is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or otherwise—‘any’. s 49O ins 2009 SL No. 212 s 45

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

sec.49P Conditions for water allocations

In deciding the conditions under which groundwater may be taken under a water allocation, the chief executive must have regard to— the conditions stated on the authorisation; or any development permit relating to the authorisation. s 49P ins 2009 SL No. 212 s 45

• (a) the conditions stated on the authorisation; or
• (b) any development permit relating to the authorisation.

sec.49Q Water allocation groups

A water allocation to take groundwater in a groundwater sub-area mentioned in schedule 8 , part 2 , column 1, belongs to the water allocation group mentioned opposite the sub-area in column 2. s 49Q ins 2009 SL No. 212 s 45

Amending water licences

sec.49R Authorisations 5, 14, 15 and 16— Act , s 217

Within 60 business days after an amendment of the resource operations plan, the chief executive must, under section 217 of the Act , amend authorisations 5, 14, 15 and 16 for consistency with the resource operations plan. In this section— authorisation 14 means a water licence to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 1, 2 or 3 or the part of groundwater sub-area 17 that is not seawater intruded. s 49R ins 2009 SL No. 212 s 45 (sec.49R-ssec.1) Within 60 business days after an amendment of the resource operations plan, the chief executive must, under section 217 of the Act , amend authorisations 5, 14, 15 and 16 for consistency with the resource operations plan. (sec.49R-ssec.2) In this section— authorisation 14 means a water licence to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 1, 2 or 3 or the part of groundwater sub-area 17 that is not seawater intruded.

sec.49S Application of sdiv 2

This subdivision applies to the following water licences to take groundwater— a water licence mentioned in section 30A , 49J or 49R ; authorisation 8, 10, 12 or 13. s 49S ins 2009 SL No. 212 s 45

• (a) a water licence mentioned in section 30A , 49J or 49R ;
• (b) authorisation 8, 10, 12 or 13.

sec.49T Elements of water licences

A water licence to take groundwater— must state— a nominal entitlement that may be taken under the licence; and the purpose for which groundwater may be taken under the licence; and may state— a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or conditions under which the groundwater may be taken. s 49T ins 2009 SL No. 212 s 45

• (a) must state— (i) a nominal entitlement that may be taken under the licence; and (ii) the purpose for which groundwater may be taken under the licence; and
• (i) a nominal entitlement that may be taken under the licence; and
• (ii) the purpose for which groundwater may be taken under the licence; and
• (b) may state— (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or (ii) conditions under which the groundwater may be taken.
• (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or
• (ii) conditions under which the groundwater may be taken.
• (i) a nominal entitlement that may be taken under the licence; and
• (ii) the purpose for which groundwater may be taken under the licence; and
• (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or
• (ii) conditions under which the groundwater may be taken.

sec.49U Nominal entitlement

The nominal entitlement for a water licence to take groundwater is— for a water licence mentioned in section 30A or 49J —the volume worked out under section 22B ; or for an authorisation mentioned in section 49R —the volume stated on the licence immediately before the plan amendment day; or for authorisation 8 or 10—the volume worked out under subsection (2) ; or for authorisation 12—4200ML; or for authorisation 13—the nominal entitlement stated on the water licence. The nominal entitlement for authorisation 8 or 10 is the available component of authorisation 7 or 9. s 49U ins 2009 SL No. 212 s 45 amd 2014 SL No. 142 s 219 (sec.49U-ssec.1) The nominal entitlement for a water licence to take groundwater is— for a water licence mentioned in section 30A or 49J —the volume worked out under section 22B ; or for an authorisation mentioned in section 49R —the volume stated on the licence immediately before the plan amendment day; or for authorisation 8 or 10—the volume worked out under subsection (2) ; or for authorisation 12—4200ML; or for authorisation 13—the nominal entitlement stated on the water licence. (sec.49U-ssec.2) The nominal entitlement for authorisation 8 or 10 is the available component of authorisation 7 or 9.

• (a) for a water licence mentioned in section 30A or 49J —the volume worked out under section 22B ; or
• (b) for an authorisation mentioned in section 49R —the volume stated on the licence immediately before the plan amendment day; or
• (c) for authorisation 8 or 10—the volume worked out under subsection (2) ; or
• (d) for authorisation 12—4200ML; or
• (e) for authorisation 13—the nominal entitlement stated on the water licence.

sec.49V Purpose to be stated on water licence

The purpose to be stated on a water licence to take groundwater must be— if the purpose for which the water is being taken is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or otherwise—‘any’. s 49V ins 2009 SL No. 212 s 45

• (a) if the purpose for which the water is being taken is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or
• (b) otherwise—‘any’.

sec.49W Conditions may be imposed on water licences

The chief executive must, when preparing an amendment of the resource operations plan, impose on a water licence to which this division applies any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved. s 49W ins 2009 SL No. 212 s 45

sec.49X Authorisation 8, 10 or 12

The chief executive must set the annual entitlement for authorisation 8, 10 or 12 to 0 for 5 years from the commencement of an amendment of the resource operations plan. s 49X ins 2009 SL No. 212 s 45

sec.49Y Authorisation 5, 13 or 15

Until an amendment of the resource operations plan is approved, the chief executive may decide the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for a water year mentioned in the schedule. Subsection (3) applies if an amendment of the resource operations plan commences during a water year mentioned in schedule 9C . The chief executive must include in the amendment the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for any subsequent water year mentioned in the schedule. s 49Y ins 2009 SL No. 212 s 45 (sec.49Y-ssec.1) Until an amendment of the resource operations plan is approved, the chief executive may decide the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for a water year mentioned in the schedule. (sec.49Y-ssec.2) Subsection (3) applies if an amendment of the resource operations plan commences during a water year mentioned in schedule 9C . (sec.49Y-ssec.3) The chief executive must include in the amendment the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for any subsequent water year mentioned in the schedule.