This plan sets rules for allocating and managing surface water and groundwater in the Wet Tropics. Chief executive decisions must meet environmental flow and water-allocation security objectives; the IQQM hydrological model (or an approved equivalent) is used to test impacts, and a moratorium on many new licence applications continues until a resource operations plan is approved.
The plan creates unallocated-water reserves with specified permitted uses, caps impoundment and take volumes in defined areas, prescribes how existing authorisations convert to allocations, and grants limited transitional rights. It affects landowners, licence applicants, councils and Indigenous interests because it decides who may take water, how much and under what conditions.
This plan module sets out rules, limits and administrative processes for allocating and managing both surface water and groundwater within the plan area. Mechanically it does the following.
Makes decisions by the chief executive about allocation or management of water (excluding water permits) duty-bound to be consistent with two objective-sets: the environmental flow objectives in schedule 5 and the water allocation security objectives in s 18, s 20. It prescribes the IQQM modelling platform’s simulation for the simulation period as the default assessment tool to test that consistency, and allows the chief executive to approve alternative methods only if they are at least as accurate as IQQM, s 21.
Continues elements of a moratorium on accepting certain applications until a resource operations plan is approved. Until then, many s 206 applications will not be accepted if granting them would increase volume, change take location, increase take rate, change flow conditions or change purpose, subject to listed exceptions, s 22.
Applies a transitional refusal rule for particular pre‑18 January 2010 applications that were not finally decided before the plan commenced: such applications for water licences must be refused if granting them would increase or change the taking or interference in specified ways, s 23.
Creates categories for unallocated water (strategic reserve, general reserve, high flow reserve, and for Cape York a Cape York Indigenous reserve), limits purposes for granting water from those reserves, and fixes the volumetric limits for those grants by cross reference to schedule 6, ss 25-27, and prescribes that State-purpose strategic-reserve grants for particular projects are time‑limited to the life of the project, s 28-29.
Sets detailed limits and permitted purposes for interference with surface water by impoundment. It limits storage sizes for various purposes (stock/domestic, pumping pools, town supply security conditions, micro hydro and other non‑entitlement purposes), and requires the interference to be no greater than necessary for certain unallocated-water related purposes, ss 34-40.
Current sections
Direct links to the current provisions in Water Plan (Wet Tropics) 2013.
68
ch.5-pt.1
Strategies for both surface water and groundwater
Strategies for both surface water and groundwater
ch.5-pt.1-div.1
Preliminary
Preliminary
sec.19
Application of pt 1
sec.19 Application of pt 1
This part applies to surface water and groundwater.
sec.20
Decisions to be consistent with objectives
sec.20 Decisions to be consistent with objectives
Decisions made by the chief executive about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—
the environmental flow objectives stated in schedule 5 ; and
the water allocation security objectives stated in section 18 .
(a) the environmental flow objectives stated in schedule 5 ; and
(b) the water allocation security objectives stated in section 18 .
sec.21
Assessing impact of decisions
sec.21 Assessing impact of decisions
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
(sec.21-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.
(sec.21-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.21-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.
ch.5-pt.1-div.2
Continued effect of moratorium and interim arrangements for applications
Continued effect of moratorium and interim arrangements for applications
sec.22
Continued effect of moratorium notice— Act , s 46 (3)
sec.22 Continued effect of moratorium notice— Act , s 46 (3)
This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013.
Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies—
increase the amount of water that may be taken;
change the location from which water may be taken;
increase the rate at which water may be taken;
change the flow conditions under which water may be taken;
change the purpose for which the water may be taken or interfered with.
However, subsection (2) does not apply to an application—
to replace a water licence under section 229 of the Act ; or
to reinstate an expired water licence under section 221 of the Act ; or
for a water permit; or
to subdivide an existing water licence or amalgamate 2 or more existing water licences.
(sec.22-ssec.1) This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013.
(sec.22-ssec.2) Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; change the purpose for which the water may be taken or interfered with.
(sec.22-ssec.3) However, subsection (2) does not apply to an application— to replace a water licence under section 229 of the Act ; or to reinstate an expired water licence under section 221 of the Act ; or for a water permit; or to subdivide an existing water licence or amalgamate 2 or more existing water licences.
(a) increase the amount of water that may be taken;
(b) change the location from which water may be taken;
(c) increase the rate at which water may be taken;
(d) change the flow conditions under which water may be taken;
(e) change the purpose for which the water may be taken or interfered with.
(a) to replace a water licence under section 229 of the Act ; or
(b) to reinstate an expired water licence under section 221 of the Act ; or
(c) for a water permit; or
(d) to subdivide an existing water licence or amalgamate 2 or more existing water licences.
sec.23
Particular applications made before 18 January 2010
sec.23 Particular applications made before 18 January 2010
This section applies to an application—
for a water licence to take or interfere with water in the plan area; and
made under the Act , or the repealed Act, before 18 January 2010; and
not finally decided before the commencement of this plan.
However, this section does not apply to an application—
for a water licence to interfere with water if—
the purpose is to impound water; and
the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
to which chapter 5 , part 2 , division 2 applies.
The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies—
increase the amount of water that may be taken;
change the location from which water may be taken;
increase the rate at which water may be taken;
change the flow conditions under which water may be taken;
increase or change the interference with the water;
change the purpose for which the water may be taken or interfered with.
(sec.23-ssec.1) This section applies to an application— for a water licence to take or interfere with water in the plan area; and made under the Act , or the repealed Act, before 18 January 2010; and not finally decided before the commencement of this plan.
(sec.23-ssec.2) However, this section does not apply to an application— for a water licence to interfere with water if— the purpose is to impound water; and the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or to which chapter 5 , part 2 , division 2 applies.
(sec.23-ssec.3) The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with.
(a) for a water licence to take or interfere with water in the plan area; and
(b) made under the Act , or the repealed Act, before 18 January 2010; and
(c) not finally decided before the commencement of this plan.
(a) for a water licence to interfere with water if— (i) the purpose is to impound water; and (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
(i) the purpose is to impound water; and
(ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
(b) to which chapter 5 , part 2 , division 2 applies.
(i) the purpose is to impound water; and
(ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
(a) increase the amount of water that may be taken;
(b) change the location from which water may be taken;
(c) increase the rate at which water may be taken;
(d) change the flow conditions under which water may be taken;
(e) increase or change the interference with the water;
(f) change the purpose for which the water may be taken or interfered with.
ch.5-pt.1-div.3
Unallocated water
Unallocated water
sec.24
Application of div 3
sec.24 Application of div 3
This division applies to unallocated water.
sec.25
Unallocated water held as strategic reserve, general reserve, Cape York Indigenous reserve and high flow reserve
sec.25 Unallocated water held as strategic reserve, general reserve, Cape York Indigenous reserve and high flow reserve
Unallocated water in the plan area is held as—
for the Cape York Peninsula Region—a strategic reserve, a general reserve, a Cape York Indigenous reserve or a high flow reserve; or
otherwise—a strategic reserve, a general reserve or a high flow reserve.
(a) for the Cape York Peninsula Region—a strategic reserve, a general reserve, a Cape York Indigenous reserve or a high flow reserve; or
(b) otherwise—a strategic reserve, a general reserve or a high flow reserve.
sec.26
Purpose for which unallocated water may be granted
sec.26 Purpose for which unallocated water may be granted
Unallocated water in the plan area may only be granted for the following purposes—
for unallocated water held as a strategic reserve—a State purpose or Indigenous purpose;
for unallocated water held as a Cape York Indigenous reserve—an Indigenous purpose;
for unallocated water held as a general reserve—any purpose;
for unallocated water held as a high flow reserve—any purpose.
(a) for unallocated water held as a strategic reserve—a State purpose or Indigenous purpose;
(b) for unallocated water held as a Cape York Indigenous reserve—an Indigenous purpose;
(c) for unallocated water held as a general reserve—any purpose;
(d) for unallocated water held as a high flow reserve—any purpose.
sec.27
Reserve volumes
sec.27 Reserve volumes
The total of the volumetric limits for all water entitlements to take unallocated water are stated in—
for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and
for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and
for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and
for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.
The total of the volumetric limits to take unallocated water from the Cape York Indigenous reserve in the Daintree catchment area is 400ML.
(sec.27-ssec.1) The total of the volumetric limits for all water entitlements to take unallocated water are stated in— for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.
(sec.27-ssec.2) The total of the volumetric limits to take unallocated water from the Cape York Indigenous reserve in the Daintree catchment area is 400ML.
(a) for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and
(b) for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and
(c) for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and
(d) for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.
sec.28
Period for which water is granted for particular State purpose
sec.28 Period for which water is granted for particular State purpose
This section applies to the volume of water granted from the strategic reserve for either of the following State purposes—
a coordinated project;
a project of regional significance.
The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.
(sec.28-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.
(sec.28-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.
(a) a coordinated project;
(b) a project of regional significance.
sec.29
Projects that may be considered to be of regional significance
sec.29 Projects that may be considered to be of regional significance
The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—
the outcomes stated in chapter 3 ;
the economic or social impact the project will have on the region;
the public interest and the welfare of people in the region;
any other relevant consideration.
(a) the outcomes stated in chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant consideration.
sec.30
Process for granting unallocated water
sec.30 Process for granting unallocated water
The process for granting unallocated water is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .
s 30 amd 2016 SL No. 216 s 146 sch 2
ch.5-pt.1-div.4
Authorised taking or interfering with water without water entitlement
Authorised taking or interfering with water without water entitlement
sec.31
Taking water for stock or domestic purposes
sec.31 Taking water for stock or domestic purposes
For section 20A (5) of the Act , an owner of land may take water, in any way, from a watercourse, lake or spring in the plan area for stock or domestic purposes.
sec.32
Limitation on taking or interfering with water
sec.32 Limitation on taking or interfering with water
For section 20 (2) of the Act , the total volume of water that may be taken or interfered with for activities prescribed under a regulation for section 20 (2) (a) of the Act is limited to 20ML.
ch.5-pt.2
Additional strategies for surface water
Additional strategies for surface water
ch.5-pt.2-div.1
Preliminary
Preliminary
sec.33
Application of pt 2
sec.33 Application of pt 2
The strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .
ch.5-pt.2-div.2
Interference with water in a watercourse, lake or spring
Interference with water in a watercourse, lake or spring
sec.34
Application of div 2
sec.34 Application of div 2
This division applies to an application, made under section 206 of the Act , for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water.
s 34 amd 2014 SL No. 142 s 226
sec.35
Limitations on interference with water
sec.35 Limitations on interference with water
The water licence may be granted only if—
the purpose of the proposed interference is a purpose provided for in this division; or
the interference was in existence immediately before 18 January 2010.
(a) the purpose of the proposed interference is a purpose provided for in this division; or
(b) the interference was in existence immediately before 18 January 2010.
sec.36
Interference with water to enable taking of water for stock or domestic purposes
sec.36 Interference with water to enable taking of water for stock or domestic purposes
This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.
The storage capacity of the proposed interference must not be greater than the following—
for a proposed interference in Herbert subcatchment area B—200ML;
otherwise—20ML.
(sec.36-ssec.1) This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes.
(sec.36-ssec.2) The storage capacity of the proposed interference must not be greater than the following— for a proposed interference in Herbert subcatchment area B—200ML; otherwise—20ML.
(a) for a proposed interference in Herbert subcatchment area B—200ML;
(b) otherwise—20ML.
sec.37
Interference with water for provision of pumping pool
sec.37 Interference with water for provision of pumping pool
This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.
The storage capacity of the pumping pool must not be greater than the following—
for a proposed interference in Herbert subcatchment area B—10ML;
otherwise—2ML.
In this section—
pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
(sec.37-ssec.1) This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation.
(sec.37-ssec.2) The storage capacity of the pumping pool must not be greater than the following— for a proposed interference in Herbert subcatchment area B—10ML; otherwise—2ML.
(sec.37-ssec.3) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.
(a) for a proposed interference in Herbert subcatchment area B—10ML;
(b) otherwise—2ML.
sec.38
Interference with water to improve security for town water supply
sec.38 Interference with water to improve security for town water supply
This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.
The chief executive must not grant the application unless the chief executive is satisfied—
the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and
there is a demonstrated need for an increased reliability of the water supply.
(sec.38-ssec.1) This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation.
(sec.38-ssec.2) The chief executive must not grant the application unless the chief executive is satisfied— the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and there is a demonstrated need for an increased reliability of the water supply.
(a) the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and
(b) there is a demonstrated need for an increased reliability of the water supply.
sec.39
Interference with water to store water for purpose not related to the taking of water under water entitlement
sec.39 Interference with water to store water for purpose not related to the taking of water under water entitlement
This section applies if the purpose of the proposed interference with water is to store water for a purpose not related to the taking of water under a water entitlement.
community landscaping, retaining water for flood mitigation purposes or storing water for a micro hydro-electric power scheme
The interference must not be greater than the following—
if the purpose of the proposed interference is to store water for a micro hydro-electric power scheme—20ML;
otherwise—the volume necessary for the purpose of the interference.
(sec.39-ssec.1) This section applies if the purpose of the proposed interference with water is to store water for a purpose not related to the taking of water under a water entitlement. community landscaping, retaining water for flood mitigation purposes or storing water for a micro hydro-electric power scheme
(sec.39-ssec.2) The interference must not be greater than the following— if the purpose of the proposed interference is to store water for a micro hydro-electric power scheme—20ML; otherwise—the volume necessary for the purpose of the interference.
(a) if the purpose of the proposed interference is to store water for a micro hydro-electric power scheme—20ML;
(b) otherwise—the volume necessary for the purpose of the interference.
sec.40
Interference with water related to the granting of unallocated water
sec.40 Interference with water related to the granting of unallocated water
This section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 30 .
The interference must not be greater than is necessary for the purpose of taking the unallocated water.
(sec.40-ssec.1) This section applies if the purpose of the proposed interference with water is a purpose related to the granting of unallocated water under the process stated in section 30 .
(sec.40-ssec.2) The interference must not be greater than is necessary for the purpose of taking the unallocated water.
ch.5-pt.2-div.3
Replacing authorities and granting water entitlements
Replacing authorities and granting water entitlements
sec.41
Application of div 3
sec.41 Application of div 3
This division applies to decisions about replacing authorities or granting water entitlements.
sec.42
Water licences to replace local government authorities
sec.42 Water licences to replace local government authorities
This section applies to the authorities mentioned in schedule 7 , column 1, continued under section 1037 of the Act .
On the commencement of this plan, the chief executive must replace each authority with the water licence to take water described for the authority in schedule 7 , column 2.
(sec.42-ssec.1) This section applies to the authorities mentioned in schedule 7 , column 1, continued under section 1037 of the Act .
(sec.42-ssec.2) On the commencement of this plan, the chief executive must replace each authority with the water licence to take water described for the authority in schedule 7 , column 2.
sec.43
Water licence for industrial purpose or amenities purpose at the Kareeya hydro-electric power station
sec.43 Water licence for industrial purpose or amenities purpose at the Kareeya hydro-electric power station
This section applies to the taking of water from the Tully River for—
an industrial purpose; or
an amenities purpose at the Kareeya hydro-electric power station.
The chief executive must grant the following water licences to the owner of the Kareeya hydro-electric power station—
a water licence to take water from the Tully River at Tully Falls Weir for an industrial purpose;
a water licence to take water from the Tully River at Tully Falls Weir for an amenities purpose.
In granting the water licence to take water for an industrial purpose, the chief executive must—
have regard to arrangements for maintaining flow over the Tully Falls; and
impose conditions on the licence—
requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and
giving effect to any environmental management rules or water sharing rules included in the resource operations plan.
A water licence granted under subsection (2) is subject to—
the conditions for the licence stated in schedule 8 ; and
any other conditions imposed by the chief executive in granting a water licence for taking water under section 212 of the Act .
s 43 amd 2014 SL No. 142 s 227
(sec.43-ssec.1) This section applies to the taking of water from the Tully River for— an industrial purpose; or an amenities purpose at the Kareeya hydro-electric power station.
(sec.43-ssec.2) The chief executive must grant the following water licences to the owner of the Kareeya hydro-electric power station— a water licence to take water from the Tully River at Tully Falls Weir for an industrial purpose; a water licence to take water from the Tully River at Tully Falls Weir for an amenities purpose.
(sec.43-ssec.3) In granting the water licence to take water for an industrial purpose, the chief executive must— have regard to arrangements for maintaining flow over the Tully Falls; and impose conditions on the licence— requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and giving effect to any environmental management rules or water sharing rules included in the resource operations plan.
(sec.43-ssec.4) A water licence granted under subsection (2) is subject to— the conditions for the licence stated in schedule 8 ; and any other conditions imposed by the chief executive in granting a water licence for taking water under section 212 of the Act .
(a) an industrial purpose; or
(b) an amenities purpose at the Kareeya hydro-electric power station.
(a) a water licence to take water from the Tully River at Tully Falls Weir for an industrial purpose;
(b) a water licence to take water from the Tully River at Tully Falls Weir for an amenities purpose.
(a) have regard to arrangements for maintaining flow over the Tully Falls; and
(b) impose conditions on the licence— (i) requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and (ii) giving effect to any environmental management rules or water sharing rules included in the resource operations plan.
(i) requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and
(ii) giving effect to any environmental management rules or water sharing rules included in the resource operations plan.
(i) requiring water taken under the licence, other than water lost during electricity generation, to be returned to the Tully River immediately downstream of the Kareeya hydro-electric power station; and
(ii) giving effect to any environmental management rules or water sharing rules included in the resource operations plan.
(a) the conditions for the licence stated in schedule 8 ; and
(b) any other conditions imposed by the chief executive in granting a water licence for taking water under section 212 of the Act .
sec.44
Granting particular water licences to owner of relevant lots
sec.44 Granting particular water licences to owner of relevant lots
The chief executive must grant the owner of the following lots a water licence to take unsupplemented surface water—
lot 2 on SP200254;
lot 2 on RP717718.
A water licence granted under subsection (1) is subject to the following conditions—
for lot 2 on SP200254—the conditions stated in schedule 9 , item 1;
for lot 2 on RP717718——the conditions stated in schedule 9 , item 2.
s 44 amd 2014 SL No. 142 s 228
(sec.44-ssec.1) The chief executive must grant the owner of the following lots a water licence to take unsupplemented surface water— lot 2 on SP200254; lot 2 on RP717718.
(sec.44-ssec.2) A water licence granted under subsection (1) is subject to the following conditions— for lot 2 on SP200254—the conditions stated in schedule 9 , item 1; for lot 2 on RP717718——the conditions stated in schedule 9 , item 2.
(a) lot 2 on SP200254;
(b) lot 2 on RP717718.
(a) for lot 2 on SP200254—the conditions stated in schedule 9 , item 1;
(b) for lot 2 on RP717718——the conditions stated in schedule 9 , item 2.
sec.45
Granting particular water licence to Tablelands Regional Council
sec.45 Granting particular water licence to Tablelands Regional Council
The chief executive must grant the Tablelands Regional Council a water licence to take unsupplemented surface water.
A water licence granted under subsection (1) is subject to the conditions stated in schedule 9 , item 3.
s 45 amd 2014 SL No. 142 s 229
(sec.45-ssec.1) The chief executive must grant the Tablelands Regional Council a water licence to take unsupplemented surface water.
(sec.45-ssec.2) A water licence granted under subsection (1) is subject to the conditions stated in schedule 9 , item 3.
ch.5-pt.2-div.4
Converting authorisations to water allocations to take unsupplemented water
Converting authorisations to water allocations to take unsupplemented water
sec.46
Purpose of div 4
sec.46 Purpose of div 4
This division states strategies for particular authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.
sec.47
Authorisations to be converted to water allocations
sec.47 Authorisations to be converted to water allocations
The authorisations to be converted to water allocations to take unsupplemented water are water licences for taking unsupplemented water from, respectively—
the Mulgrave River from AMTD 20.5km to AMTD 42.1km; and
the Johnstone River from AMTD 14.5km to AMTD 38.0km; and
Rankin Creek from AMTD 0.0km to AMTD 9.6km; and
Berner Creek from AMTD 0.0km to AMTD 15.3km; and
Fisher Creek from AMTD 0.0km to AMTD 17.0km; and
Borton Creek from AMTD 0.0km to AMTD 1.7km; and
the South Johnstone River from AMTD 0.0km to AMTD 17.5km; and
Liverpool Creek from AMTD 13.6km to AMTD 43.0km; and
South Liverpool Creek from AMTD 0.0km to AMTD 9.7km; and
Cowley Creek from AMTD 0.0km to AMTD 5.3km; and
the Tully River from AMTD 0.0km to AMTD 74.5km; and
Echo Creek from AMTD 0.0km to AMTD 26.5km; and
Davidson Creek from AMTD 0.0km to AMTD 32.8km; and
Jarra Creek from AMTD 0.0km to AMTD 47.5km; and
Banyan Creek from AMTD 0.0km to AMTD 22.8km; and
the Herbert River from AMTD 0.0km to AMTD 83.0km.
(a) the Mulgrave River from AMTD 20.5km to AMTD 42.1km; and
(b) the Johnstone River from AMTD 14.5km to AMTD 38.0km; and
(c) Rankin Creek from AMTD 0.0km to AMTD 9.6km; and
(d) Berner Creek from AMTD 0.0km to AMTD 15.3km; and
(e) Fisher Creek from AMTD 0.0km to AMTD 17.0km; and
(f) Borton Creek from AMTD 0.0km to AMTD 1.7km; and
(g) the South Johnstone River from AMTD 0.0km to AMTD 17.5km; and
(h) Liverpool Creek from AMTD 13.6km to AMTD 43.0km; and
(i) South Liverpool Creek from AMTD 0.0km to AMTD 9.7km; and
(j) Cowley Creek from AMTD 0.0km to AMTD 5.3km; and
(k) the Tully River from AMTD 0.0km to AMTD 74.5km; and
(l) Echo Creek from AMTD 0.0km to AMTD 26.5km; and
(m) Davidson Creek from AMTD 0.0km to AMTD 32.8km; and
(n) Jarra Creek from AMTD 0.0km to AMTD 47.5km; and
(o) Banyan Creek from AMTD 0.0km to AMTD 22.8km; and
(p) the Herbert River from AMTD 0.0km to AMTD 83.0km.
sec.48
Elements of water allocations
sec.48 Elements of water allocations
A water allocation to take unsupplemented water must state the following—
the daily volumetric limit for the allocation;
the annual volumetric limit for the allocation;
the conditions, if any, for the allocation.
s 48 sub 2014 SL No. 142 s 230
(a) the daily volumetric limit for the allocation;
(b) the annual volumetric limit for the allocation;
(c) the conditions, if any, for the allocation.
sec.49
Water allocation groups
sec.49 Water allocation groups
A water allocation to take unsupplemented water in a water management area belongs to the following water allocation group—
for an authorisation for which the purpose is to take water for town water supply—
for an authorisation held by Cairns Regional Council—water allocation group class D; or
otherwise—water allocation group class A;
for an authorisation for which the purpose is to take water for a purpose other than town water supply—
for an authorisation that does not state a flow condition—water allocation group class B; or
for an authorisation that does state a flow condition—water allocation group class C.
(a) for an authorisation for which the purpose is to take water for town water supply— (i) for an authorisation held by Cairns Regional Council—water allocation group class D; or (ii) otherwise—water allocation group class A;
(i) for an authorisation held by Cairns Regional Council—water allocation group class D; or
(ii) otherwise—water allocation group class A;
(b) for an authorisation for which the purpose is to take water for a purpose other than town water supply— (i) for an authorisation that does not state a flow condition—water allocation group class B; or (ii) for an authorisation that does state a flow condition—water allocation group class C.
(i) for an authorisation that does not state a flow condition—water allocation group class B; or
(ii) for an authorisation that does state a flow condition—water allocation group class C.
(i) for an authorisation held by Cairns Regional Council—water allocation group class D; or
(ii) otherwise—water allocation group class A;
(i) for an authorisation that does not state a flow condition—water allocation group class B; or
(ii) for an authorisation that does state a flow condition—water allocation group class C.
sec.50
Purpose to be stated on a water allocation
sec.50 Purpose to be stated on a water allocation
The purpose to be stated on a water allocation to take unsupplemented water must be—
if the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
otherwise—‘any’.
(a) if the purpose stated on the authorisation is stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
(b) otherwise—‘any’.
sec.51
Nominal volume for a water allocation
sec.51 Nominal volume for a water allocation
In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must have regard to the following—
the local availability of water;
the conditions under which water may be taken under the authorisation;
for an authorisation that states any volumetric limits—the stated volumetric limits;
the simulated mean annual diversion for the proposed water allocation.
(a) the local availability of water;
(b) the conditions under which water may be taken under the authorisation;
(c) for an authorisation that states any volumetric limits—the stated volumetric limits;
(d) the simulated mean annual diversion for the proposed water allocation.
sec.52
Daily volumetric limit for a water allocation
sec.52 Daily volumetric limit for a water allocation
The daily volumetric limit for a water allocation to take unsupplemented water is—
if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or
if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or
if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or
if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or
otherwise—the volume decided by the chief executive having regard to—
the type of authorisation; and
a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.
However, for subsection (1) (c) or (d) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under subsection (1) , the daily volumetric limit is the volume decided by the chief executive having regard to the following—
the conditions under which the water may be taken;
the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;
the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .
s 52 amd 2014 SL No. 142 s 231
(sec.52-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or otherwise—the volume decided by the chief executive having regard to— the type of authorisation; and a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.
(sec.52-ssec.2) However, for subsection (1) (c) or (d) , if the authorisation holder satisfies the chief executive that the water-taking capacity of the pump is different from the daily volumetric limit under subsection (1) , the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .
(a) if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a day—the stated volume; or
(b) if the authorisation from which the water allocation is being converted does not state a volume that may be taken in a day, but states a maximum rate, expressed in litres per second—the volume, expressed in megalitres, calculated by multiplying the stated maximum rate by 0.0864; or
(c) if the authorisation from which the water allocation is being converted does not state a volume or a maximum rate, but states an authorised activity referring to the capability of a particular pump size mentioned in schedule 10 , column 1 to take water—the volume stated in schedule 10 , column 2 for the pump size; or
(d) if the authorisation from which the water allocation is being converted does not state a volume, a maximum rate or an authorised activity referring to the capability of a particular pump size to take water, but there is a related development permit that states a pump size mentioned in schedule 10 , column 1—the volume stated in schedule 10 , column 2 for the pump size; or
(e) otherwise—the volume decided by the chief executive having regard to— (i) the type of authorisation; and (ii) a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.
(i) the type of authorisation; and
(ii) a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.
(i) the type of authorisation; and
(ii) a measurement, or estimate, of the daily rate at which water is being taken, or is capable of being taken, under the authorisation before the conversion.
(a) the conditions under which the water may be taken;
(b) the water-taking capacity of the pump to which the authorised activity or development permit relates (the existing pump ) under normal operating conditions;
(c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
(d) the efficiency of the water use associated with the existing pump or the system mentioned in paragraph (c) .
sec.53
Annual volumetric limits for a water allocation
sec.53 Annual volumetric limits for a water allocation
The annual volumetric limit for a water allocation to take unsupplemented water is—
if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a period of 12 months—the stated volume; or
if the authorisation from which the water allocation is being converted states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—
for subcatchment area A of the Mulgrave–Russell catchment area—9; or
for subcatchment area B of the Mulgrave–Russell catchment area—8; or
for the Johnstone catchment area—9; or
for the Tully catchment area—9; or
for subcatchment area C or D of the Herbert catchment area—5; or
if the authorisation from which the water allocation is being converted states both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following—
the stated volume under paragraph (a) ;
the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
otherwise—the volume decided by the chief executive having regard to the following—
the conditions under which water may be taken under the authorisation from which the water allocation is being converted;
the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted;
the volume required for the allocation’s intended purpose;
the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the use of the water mentioned in subparagraph (iv) .
(a) if the authorisation from which the water allocation is being converted states the volume of water that may be taken in a period of 12 months—the stated volume; or
(b) if the authorisation from which the water allocation is being converted states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the allocation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for subcatchment area A of the Mulgrave–Russell catchment area—9; or (ii) for subcatchment area B of the Mulgrave–Russell catchment area—8; or (iii) for the Johnstone catchment area—9; or (iv) for the Tully catchment area—9; or (v) for subcatchment area C or D of the Herbert catchment area—5; or
(i) for subcatchment area A of the Mulgrave–Russell catchment area—9; or
(ii) for subcatchment area B of the Mulgrave–Russell catchment area—8; or
(iii) for the Johnstone catchment area—9; or
(iv) for the Tully catchment area—9; or
(v) for subcatchment area C or D of the Herbert catchment area—5; or
(c) if the authorisation from which the water allocation is being converted states both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following— (i) the stated volume under paragraph (a) ; (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
(i) the stated volume under paragraph (a) ;
(ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
(d) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the authorisation from which the water allocation is being converted; (ii) the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted; (iii) the volume required for the allocation’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the authorisation from which the water allocation is being converted;
(ii) the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted;
(iii) the volume required for the allocation’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) for subcatchment area A of the Mulgrave–Russell catchment area—9; or
(ii) for subcatchment area B of the Mulgrave–Russell catchment area—8; or
(iii) for the Johnstone catchment area—9; or
(iv) for the Tully catchment area—9; or
(v) for subcatchment area C or D of the Herbert catchment area—5; or
(i) the stated volume under paragraph (a) ;
(ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
(i) the conditions under which water may be taken under the authorisation from which the water allocation is being converted;
(ii) the water-taking capacity of any works for taking water under the authorisation from which the water allocation is being converted;
(iii) the volume required for the allocation’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation from which the water allocation is being converted during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
ch.5-pt.2-div.5
Water licences to take water from watercourse, lake or spring
Water licences to take water from watercourse, lake or spring
sec.54
Elements of water licences to take water from a watercourse, lake or spring
sec.54 Elements of water licences to take water from a watercourse, lake or spring
A water licence to take water from a watercourse, lake or spring in the plan area must state the following—
for a licence granted under section 43 —water may be taken for an industrial or amenities purpose;
for any other licence—1 of the following purposes for which the water may be taken under the licence—
‘rural’;
‘any’;
the daily volumetric limit;
the nominal entitlement;
the conditions, if any, including requirements for flow conditions and conditions for storing water taken under the licence.
s 54 amd 2014 SL No. 142 s 232
(a) for a licence granted under section 43 —water may be taken for an industrial or amenities purpose;
(b) for any other licence—1 of the following purposes for which the water may be taken under the licence— (i) ‘rural’; (ii) ‘any’;
(i) ‘rural’;
(ii) ‘any’;
(c) the daily volumetric limit;
(d) the nominal entitlement;
(e) the conditions, if any, including requirements for flow conditions and conditions for storing water taken under the licence.
(i) ‘rural’;
(ii) ‘any’;
sec.55
Definition for sdiv 2
sec.55 Definition for sdiv 2
In this subdivision—
amended water licence means a water licence to take unsupplemented water from a watercourse, lake or spring amended under section 217 of the Act .
sec.56
Purpose to be stated on a water licence
sec.56 Purpose to be stated on a water licence
The purpose stated on an amended water licence must be—
if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or
otherwise—‘any’.
(a) if the purpose stated on the water licence before the amendment is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or
(b) otherwise—‘any’.
sec.57
Nominal entitlement
sec.57 Nominal entitlement
The nominal entitlement for an amended water licence is—
for an amended water licence that, before the amendment, stated only the volume of water that may be taken in a period of 12 months—the volume stated on the licence before the amendment; or
for an amended water licence that, before the amendment, stated only the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by—
for the Daintree catchment area—6; or
for the Mossman catchment area—6; or
for subcatchment area A of the Mulgrave–Russell catchment area—9; or
for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or
for subcatchment area D of the Mulgrave–Russell catchment area—9; or
for the Johnstone catchment area—9; or
for the Tully catchment area—9; or
for the Murray catchment area—9; or
for subcatchment area A of the Herbert catchment area—9; or
for subcatchment area B of the Herbert catchment area—12; or
for subcatchment area C or D of the Herbert catchment area—5; or
for an amended water licence that, before the amendment, stated both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following—
the stated volume under paragraph (a) ;
the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
otherwise—the volume decided by the chief executive having regard to the following—
the conditions under which water may be taken under the licence;
the water-taking capacity of any works for taking water under the licence;
the volume required for the licence’s intended purpose;
the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
the efficiency of the use of the water mentioned in subparagraph (iv) .
(a) for an amended water licence that, before the amendment, stated only the volume of water that may be taken in a period of 12 months—the volume stated on the licence before the amendment; or
(b) for an amended water licence that, before the amendment, stated only the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by— (i) for the Daintree catchment area—6; or (ii) for the Mossman catchment area—6; or (iii) for subcatchment area A of the Mulgrave–Russell catchment area—9; or (iv) for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or (v) for subcatchment area D of the Mulgrave–Russell catchment area—9; or (vi) for the Johnstone catchment area—9; or (vii) for the Tully catchment area—9; or (viii) for the Murray catchment area—9; or (ix) for subcatchment area A of the Herbert catchment area—9; or (x) for subcatchment area B of the Herbert catchment area—12; or (xi) for subcatchment area C or D of the Herbert catchment area—5; or
(i) for the Daintree catchment area—6; or
(ii) for the Mossman catchment area—6; or
(iii) for subcatchment area A of the Mulgrave–Russell catchment area—9; or
(iv) for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or
(v) for subcatchment area D of the Mulgrave–Russell catchment area—9; or
(vi) for the Johnstone catchment area—9; or
(vii) for the Tully catchment area—9; or
(viii) for the Murray catchment area—9; or
(ix) for subcatchment area A of the Herbert catchment area—9; or
(x) for subcatchment area B of the Herbert catchment area—12; or
(xi) for subcatchment area C or D of the Herbert catchment area—5; or
(c) for an amended water licence that, before the amendment, stated both the volume of water that may be taken in a period of 12 months and the area that may be irrigated—the higher of the following— (i) the stated volume under paragraph (a) ; (ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
(i) the stated volume under paragraph (a) ;
(ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
(d) otherwise—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water-taking capacity of any works for taking water under the licence; (iii) the volume required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the licence;
(ii) the water-taking capacity of any works for taking water under the licence;
(iii) the volume required for the licence’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) for the Daintree catchment area—6; or
(ii) for the Mossman catchment area—6; or
(iii) for subcatchment area A of the Mulgrave–Russell catchment area—9; or
(iv) for subcatchment area B or C of the Mulgrave–Russell catchment area—8; or
(v) for subcatchment area D of the Mulgrave–Russell catchment area—9; or
(vi) for the Johnstone catchment area—9; or
(vii) for the Tully catchment area—9; or
(viii) for the Murray catchment area—9; or
(ix) for subcatchment area A of the Herbert catchment area—9; or
(x) for subcatchment area B of the Herbert catchment area—12; or
(xi) for subcatchment area C or D of the Herbert catchment area—5; or
(i) the stated volume under paragraph (a) ;
(ii) the volume decided by the chief executive under paragraph (b) as if only paragraph (b) applied; or
(i) the conditions under which water may be taken under the licence;
(ii) the water-taking capacity of any works for taking water under the licence;
(iii) the volume required for the licence’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
sec.58
Daily volumetric limit for a water licence
sec.58 Daily volumetric limit for a water licence
The daily volumetric limit to take unsupplemented water for an amended water licence is the daily volumetric limit mentioned in section 52 or decided by the chief executive under that section as if the amended water licence were a water allocation.
s 58 sub 2014 SL No. 142 s 233
sec.59
Conditions for amended water licences
sec.59 Conditions for amended water licences
In deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions stated on the water licence being amended.
ch.5-pt.3
Additional strategies for groundwater
Additional strategies for groundwater
ch.5-pt.3-div.1
Preliminary
Preliminary
sec.60
Application and purpose of pt 3
sec.60 Application and purpose of pt 3
This part—
applies only to groundwater in a groundwater management area; and
states the strategies for achieving the outcomes mentioned in chapter 3 .
(a) applies only to groundwater in a groundwater management area; and
(b) states the strategies for achieving the outcomes mentioned in chapter 3 .
sec.61
Limitation on taking or interfering with groundwater— Act , s 20 (2)
sec.61 Limitation on taking or interfering with groundwater— Act , s 20 (2)
This section limits the groundwater that may be taken or interfered with under section 20 (2) of the Act .
A person may only take or interfere with groundwater in a groundwater management area—
under a water permit; or
under a water entitlement; or
under section 68 ; or
for stock or domestic purposes; or
for an activity prescribed under a regulation for section 20 (2) (a) of the Act .
(sec.61-ssec.1) This section limits the groundwater that may be taken or interfered with under section 20 (2) of the Act .
(sec.61-ssec.2) A person may only take or interfere with groundwater in a groundwater management area— under a water permit; or under a water entitlement; or under section 68 ; or for stock or domestic purposes; or for an activity prescribed under a regulation for section 20 (2) (a) of the Act .
(a) under a water permit; or
(b) under a water entitlement; or
(c) under section 68 ; or
(d) for stock or domestic purposes; or
(e) for an activity prescribed under a regulation for section 20 (2) (a) of the Act .
sec.62
Relationship with Sustainable Planning Act 2009
sec.62 Relationship with Sustainable Planning Act 2009
s 62 amd 2014 Act No. 29 s 162
om 2016 SL No. 216 s 146 sch 20
ch.5-pt.3-div.2
Water licences to take groundwater
Water licences to take groundwater
sec.63
Elements of water licences
sec.63 Elements of water licences
A water licence to take groundwater must state—
1 of the following purposes for which the water may be taken under the licence—
‘rural’;
‘any’; and
the nominal entitlement; and
the conditions, if any.
However, subsection (1) does not apply to a water licence granted for the purpose of mine dewatering under section 206 of the Act .
(sec.63-ssec.1) A water licence to take groundwater must state— 1 of the following purposes for which the water may be taken under the licence— ‘rural’; ‘any’; and the nominal entitlement; and the conditions, if any.
(sec.63-ssec.2) However, subsection (1) does not apply to a water licence granted for the purpose of mine dewatering under section 206 of the Act .
(a) 1 of the following purposes for which the water may be taken under the licence— (i) ‘rural’; (ii) ‘any’; and
(i) ‘rural’;
(ii) ‘any’; and
(b) the nominal entitlement; and
(c) the conditions, if any.
(i) ‘rural’;
(ii) ‘any’; and
sec.64
Definition for sdiv 2
sec.64 Definition for sdiv 2
In this subdivision—
amended water licence means a water licence to take groundwater amended under section 217 of the Act .
sec.65
Purpose to be stated on a water licence
sec.65 Purpose to be stated on a water licence
The purpose stated on an amended water licence must be—
if the purpose stated on the water licence is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or
otherwise—‘any’.
(a) if the purpose stated on the water licence is agriculture, irrigation, stock intensive or a similar purpose—‘rural’; or
(b) otherwise—‘any’.
sec.66
Conditions for amended water licences
sec.66 Conditions for amended water licences
In deciding the conditions under which water may be taken under an amended water licence, the chief executive must consider the conditions stated on the water licence being amended.
sec.67
Definitions for sdiv 3
sec.67 Definitions for sdiv 3
In this subdivision—
prescribed existing groundwater works means works the chief executive is satisfied were—
used or capable of being used to take groundwater for a purpose, other than stock or domestic purposes, from a prescribed groundwater management area; and
in existence on 20 June 2012.
prescribed groundwater management area means any part of the following groundwater management areas in which, before the commencement of this plan, a water licence was not required to take groundwater—
Mulgrave–Russell groundwater management area;
Southern Tablelands groundwater management area;
Lower Johnstone groundwater management area;
South Johnstone groundwater management area;
Liverpool Creek groundwater management area;
Tully groundwater management area;
Lower Herbert groundwater management area.
(a) used or capable of being used to take groundwater for a purpose, other than stock or domestic purposes, from a prescribed groundwater management area; and
Taking groundwater using prescribed existing groundwater works
sec.68 Taking groundwater using prescribed existing groundwater works
This section applies to an owner of land on which there are prescribed existing groundwater works.
The owner may continue to take groundwater using the works for 60 business days after the commencement of this plan.
Also, if the owner gives the chief executive notice, in the approved form, of the works and the taking of water using the works, the owner may continue to use the works to take groundwater—
after the notice is given; and
until the owner is granted a water licence under section 69 .
(sec.68-ssec.1) This section applies to an owner of land on which there are prescribed existing groundwater works.
(sec.68-ssec.2) The owner may continue to take groundwater using the works for 60 business days after the commencement of this plan.
(sec.68-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the works and the taking of water using the works, the owner may continue to use the works to take groundwater— after the notice is given; and until the owner is granted a water licence under section 69 .
(a) after the notice is given; and
(b) until the owner is granted a water licence under section 69 .
sec.69
Granting water licences for using prescribed existing groundwater works
sec.69 Granting water licences for using prescribed existing groundwater works
The chief executive may, under section 212 of the Act , grant a water licence to a person authorised under section 68 (3) to continue taking groundwater.
sec.70
Nominal entitlements for authorisations
sec.70 Nominal entitlements for authorisations
This section applies if the chief executive grants a water licence to a person under section 69 .
The chief executive must decide the nominal entitlement for the water licence.
In deciding the nominal entitlement for the licence, the chief executive must consider each of the following—
any other water entitlements for the land to which the licence relates;
the density of water bores for taking groundwater in the area to which the entitlement relates;
any unsupplemented water allocations in the area to which the entitlement relates;
the estimated volume.
If the chief executive is satisfied the volume of groundwater taken during the relevant period is more than the volume estimated under subsection (3) (d) , the chief executive may decide a nominal entitlement that is more than the estimated volume.
In this section—
estimated volume means—
for prescribed existing works used to take groundwater for irrigation purposes—the volume of groundwater taken using the works for irrigation purposes during the relevant period, if the volume is not more than—
in the Mulgrave–Russell groundwater management area—
in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or
in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or
in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or
in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or
in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or
in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or
in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or
for prescribed existing works used to take groundwater for a purpose other than irrigation purposes—the volume of groundwater estimated to have been taken using the works during the relevant period for the purpose.
relevant period means each 1-year period during the period of not more than 10 years immediately before the commencement of this plan.
(sec.70-ssec.1) This section applies if the chief executive grants a water licence to a person under section 69 .
(sec.70-ssec.2) The chief executive must decide the nominal entitlement for the water licence.
(sec.70-ssec.3) In deciding the nominal entitlement for the licence, the chief executive must consider each of the following— any other water entitlements for the land to which the licence relates; the density of water bores for taking groundwater in the area to which the entitlement relates; any unsupplemented water allocations in the area to which the entitlement relates; the estimated volume.
(sec.70-ssec.4) If the chief executive is satisfied the volume of groundwater taken during the relevant period is more than the volume estimated under subsection (3) (d) , the chief executive may decide a nominal entitlement that is more than the estimated volume.
(sec.70-ssec.5) In this section— estimated volume means— for prescribed existing works used to take groundwater for irrigation purposes—the volume of groundwater taken using the works for irrigation purposes during the relevant period, if the volume is not more than— in the Mulgrave–Russell groundwater management area— in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or for prescribed existing works used to take groundwater for a purpose other than irrigation purposes—the volume of groundwater estimated to have been taken using the works during the relevant period for the purpose. relevant period means each 1-year period during the period of not more than 10 years immediately before the commencement of this plan.
(a) any other water entitlements for the land to which the licence relates;
(b) the density of water bores for taking groundwater in the area to which the entitlement relates;
(c) any unsupplemented water allocations in the area to which the entitlement relates;
(d) the estimated volume.
(a) for prescribed existing works used to take groundwater for irrigation purposes—the volume of groundwater taken using the works for irrigation purposes during the relevant period, if the volume is not more than— (i) in the Mulgrave–Russell groundwater management area— (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (ii) in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or (iii) in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or (iv) in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or (v) in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or (vi) in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or (vii) in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or
(i) in the Mulgrave–Russell groundwater management area— (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or
(C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(ii) in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or
(iii) in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or
(iv) in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or
(v) in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or
(vi) in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or
(vii) in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or
(b) for prescribed existing works used to take groundwater for a purpose other than irrigation purposes—the volume of groundwater estimated to have been taken using the works during the relevant period for the purpose.
(i) in the Mulgrave–Russell groundwater management area— (A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or (B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or (C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or
(C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(ii) in the Lower Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or
(iii) in the South Johnstone groundwater management area—9ML of water for each irrigable hectare of property; or
(iv) in the Liverpool Creek groundwater management area—9ML of water for each irrigable hectare of property; or
(v) in the Tully groundwater management area—9ML of water for each irrigable hectare of property; or
(vi) in the Southern Tablelands groundwater management area—9ML of water for each irrigable hectare of property; or
(vii) in the Lower Herbert groundwater management area—5ML of water for each irrigable hectare of property; or
(A) in subcatchment area A of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
(B) in subcatchment area B or C of the Mulgrave–Russell catchment area—8ML of water for each irrigable hectare of property; or
(C) in subcatchment area D of the Mulgrave–Russell catchment area—9ML of water for each irrigable hectare of property; or
sch.5-pt.1
Low flow objectives
Low flow objectives
sch.5-pt.2
Medium to high flow objectives
Medium to high flow objectives
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.5-pt.1 Strategies for both surface water and groundwater
Strategies for both surface water and groundwater
ch.5-pt.1-div.1 Preliminary
Preliminary
sec.19 Application of pt 1
sec.19 Application of pt 1
This part applies to surface water and groundwater.
sec.20 Decisions to be consistent with objectives
sec.20 Decisions to be consistent with objectives
Decisions made by the chief executive about the allocation or management of water in the plan area, other than a decision about a water permit, must be consistent with—
the environmental flow objectives stated in schedule 5 ; and
the water allocation security objectives stated in section 18 .
(a) the environmental flow objectives stated in schedule 5 ; and
(b) the water allocation security objectives stated in section 18 .
sec.21 Assessing impact of decisions
sec.21 Assessing impact of decisions
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
(sec.21-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.
(sec.21-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.21-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.
ch.5-pt.1-div.2 Continued effect of moratorium and interim arrangements for applications
Continued effect of moratorium and interim arrangements for applications
sec.22 Continued effect of moratorium notice— Act , s 46 (3)
sec.22 Continued effect of moratorium notice— Act , s 46 (3)
This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013.
Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies—
increase the amount of water that may be taken;
change the location from which water may be taken;
increase the rate at which water may be taken;
change the flow conditions under which water may be taken;
change the purpose for which the water may be taken or interfered with.
However, subsection (2) does not apply to an application—
to replace a water licence under section 229 of the Act ; or
to reinstate an expired water licence under section 221 of the Act ; or
for a water permit; or
to subdivide an existing water licence or amalgamate 2 or more existing water licences.
(sec.22-ssec.1) This section continues, in part, the effect of the moratorium notice published on 18 January 2010 and amended on 31 January 2013.
(sec.22-ssec.2) Until the resource operations plan is approved, an application made under section 206 of the Act will not be accepted, if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; change the purpose for which the water may be taken or interfered with.
(sec.22-ssec.3) However, subsection (2) does not apply to an application— to replace a water licence under section 229 of the Act ; or to reinstate an expired water licence under section 221 of the Act ; or for a water permit; or to subdivide an existing water licence or amalgamate 2 or more existing water licences.
Prescribes conversion rules for existing authorisations to water allocations and the elements and grouping of those allocations, including formulaic conversions for daily and annual volumetric limits (including pump‑size tables and area multipliers), and assigns allocation groups (classes A-D) depending on purpose and flow conditions, ss 46-53, 48-51.
Specifies the content of water licences for both surface water and groundwater, including stated purposes, nominal entitlements and conditions, and special transitional arrangements for amended licences and prescribed existing groundwater works, ss 54, 63-70.
Limits when groundwater may be taken without an entitlement inside groundwater management areas, listing permitted bases for taking (water permit, entitlement, s 68 transitional notice, stock/domestic and prescribed regulated activities), s 61, and provides a short notice window and application pathway for owners of prescribed existing groundwater works, ss 67-70.
Who pays, and who decides: the chief executive holds wide decision and approval powers (approving alternative assessment methods, deciding nominal entitlements, granting licences and imposing conditions, ss 21, 51, 52, 69, 70). Costs are borne by applicants and existing users affected by conversions, storage caps and moratorium restrictions. The plan primarily changes administrative entitlements and conversion rules rather than creating new criminal offences in the text provided; enforcement and any sanctioning mechanisms are left to the Act and related instruments (see cross references to ss 206, 212, 217 of the Act within the plan).
The official rationale appears in the plan’s structural constraints: it insists consistency with environmental flow and allocation security objectives (s 20), prioritises model-based assessment (s 21), preserves unallocated water in defined reserves and restricts granting from those reserves to specified purposes (ss 25-26), and tightly manages interference and conversion to control hydrological and allocation outcomes (parts 2 and 3). The plan thus operationalises environmental flow and security objectives by embedding them in application, conversion and reserve mechanics. The mechanical changes therefore shift allocation outcomes through modelling, categorical reserves, conversion formulas and chief executive discretion.
Main concepts
The plan uses a modest set of recurring legal objects and technical terms to implement its strategies. The primary concepts are: environmental flow objectives, water allocation security objectives, IQQM simulation, unallocated water reserves, water licences and allocations (and their elements), interference by impoundment, conversion of existing authorisations, and prescribed existing groundwater works.
Environmental flow objectives and water allocation security objectives. Decisions (other than water permit decisions) must be consistent with the environmental flow objectives in schedule 5 and the water allocation security objectives in s 18, s 20. Those objectives are the normative anchors for allocation and interference decisions. The plan mandates the IQQM simulation as the tool for assessing consistency; alternatives require chief executive approval and an accuracy test relative to IQQM, s 21.
IQQM computer program and the simulation period. The IQQM simulation for the simulation period is the prescribed assessment method for checking compliance with the objectives (s 21). If IQQM is impracticable, an alternative may be approved by the chief executive provided it is at least as accurate as IQQM, s 21(2)-(3).
Moratorium continuation and transitional application rules. s 22 continues elements of the moratorium (from notices published in 2010 and amended 2013) by refusing to accept s 206 applications until the resource operations plan is approved where certain material changes to take or interference would result. s 23 places a similar refusal rule on older applications made before 18 January 2010 and not finalised before the plan’s commencement, with limited exceptions (for micro hydro or where other chapters apply).
Unallocated water and reserves. Unallocated water is categorised (strategic reserve, general reserve, high flow reserve, and a Cape York Indigenous reserve for Cape York), with purpose constraints: strategic reserve volumes are available for State or Indigenous purposes, Cape York Indigenous reserve for Indigenous purpose, general and high flow reserves for any purpose, ss 25-26; volumetric limits are set by schedule 6, s 27.
Conversion of authorisations to water allocations. The plan prescribes which authorisations must be converted to allocations (ss 46-47) and the elements of an allocation: daily volumetric limit, annual volumetric limit, and conditions (s 48). Daily and annual limits are converted through hierarchical rules that use stated volumes, stated maximum rates, pump-size tables, related development permits, or chief executive discretion informed by measured or estimated taking under the authorisation, ss 52-53. Allocation groupings (class A-D) are prescribed by purpose and flow-condition status, s 49.
Limits on interference by impounding flow. The plan limits when water licences to impound can be granted (s 35) and prescribes maximum storage capacities for particular purposes such as stock and domestic (s 36), pumping pools (s 37), town supply security (s 38, requiring demonstration of need and security strategies), micro hydro and other community/flood mitigation uses (s 39). For interference intended to support unallocated-water grants, the interference must be no greater than necessary, s 40.
Groundwater management and prescribed existing groundwater works. Part 3 applies only to groundwater in groundwater management areas (s 60) and narrows what groundwater may be taken without an entitlement (s 61). The plan defines prescribed existing groundwater works and specified groundwater management areas (s 67), allows owners of such works a 60-business-day continued-use window after plan commencement and a notice-triggered continuation until a licence is granted, s 68-69. The chief executive then decides nominal entitlements for such licences using criteria including density of bores, other entitlements, unsupplemented allocations and estimated volumes, s 70, with numeric irrigation multipliers set out in the text.
Licence content and amendment mechanics. Water licences and amended water licences must state purposes (categorised as ‘rural’ or ‘any’ depending on the pre-existing stated purpose), nominal entitlements and conditions, ss 54-56, 63-66. The chief executive must consider existing licence conditions when deciding conditions for amended licences, ss 59, 66.
These concepts create a system in which modelled hydrological assessment is central, reserve categories constrain the purposes for which unallocated water may be granted, and conversion rules standardise historical entitlements into measurable daily and annual volumes. The chief executive has wide decision-making powers at multiple inflection points: approving alternative assessment methods (s 21), designating a project as regionally significant (s 29), granting licences and setting conditions under s 212 of the Act (see ss 43, 69), and setting nominal entitlements informed by prescribed criteria (ss 51, 52, 53, 70). The combined effect is to channel private extraction and infrastructure choices into administrative categories and numeric limits anchored to modelled hydrology.
Who it affects
This plan affects a defined set of stakeholders through different, concrete mechanisms.
Existing rights‑holders with authorisations. Holders of pre‑existing water licences or local government authorities whose authorities are continued under s 1037 of the Act are directly affected: the chief executive must replace particular authorities with specified water licences on commencement (s 42), and a set of existing authorisations in surface water reaches are identified for mandatory conversion to water allocations (s 47). Those conversion mechanics and the formulae for daily and annual volumetric limits (ss 52-53, 57) change how historical take entitlements are expressed and quantified.
Prospective applicants for water licences or permits. The moratorium continuance (s 22) and the application refusal rule for certain pre‑2010 applications (s 23) limit who may apply and what applications will be accepted until the resource operations plan is approved. Applicants seeking to impound surface water must meet purpose tests in s 35 and the storage caps in ss 36-40. Those seeking unallocated water must satisfy the process in the Water Regulation 2016, which is cross‑referenced in s 30.
Landowners with existing groundwater works. Owners of land with prescribed existing groundwater works (as defined at s 67) may continue to use those works for 60 business days after plan commencement and longer if they file the approved notice, s 68. They are then eligible to apply for a licence under s 69 and subject to nominal entitlement calculation under s 70, which will consider irrigable area multipliers and historic use.
Local and regional governments. Particular grants are mandated to named entities: the chief executive must grant a water licence to the owner of Kareeya hydro-electric power station for industrial and amenities purposes with specified return-flow and plan-compliance conditions (s 43), the chief executive must grant water licences to owners of specified lots and to Tablelands Regional Council subject to schedule 9 conditions (ss 44-45). Local governments that hold town water supply authorisations are placed into allocation groups (class A or D depending on whether Cairns Regional Council is the holder) and must meet town water security tests before interference licences for increased reliability are granted (s 38).
Indigenous claimants and communities. The plan creates a specific Cape York Indigenous reserve category and restricts its purpose to Indigenous purposes (ss 25-26). Volumetric limits for Cape York Indigenous reserve in the Daintree are prescribed (s 27).
Users of pumps and irrigation systems. The conversion of daily volumetric limits can rely on pump capacity shown either on the authorisation or in a related development permit, with schedule 10 supplying pump-size-to-volume conversions; holders can challenge default conversions by satisfying the chief executive their pump capacity differs, who must then consider pump capacity, irrigation system efficiency and up to 10 years of historical operation in deciding volume, s 52.
Any person taking groundwater without a water entitlement. For groundwater management areas the plan restricts lawful taking to a water permit, entitlement, authorised prescribed existing works with notice, stock/domestic or prescribed activities under a regulation, s 61. That narrows previous non‑regulated taking in the listed groundwater management areas and moves many users into licence or permit regimes.
Who decides: the chief executive is the central decision maker at multiple steps: approving alternative simulation methods (s 21), replacing authorities (s 42), granting specific licences with conditions (ss 43-45), classifying projects as regionally significant (s 29), deciding nominal entitlements and volumetric limits (ss 51-53, 57, 70), and approving continuation of prescribed groundwater works following notice and licence application (ss 68-69). The Water Regulation 2016 and the Act supply procedural and enforcement backstops not reproduced here but cross‑referenced (s 30, note references to ss 206, 212, 217 of the Act).
Who pays: costs fall on licence applicants, existing licence holders subject to conversion (who will receive quantified entitlements possibly lower or different from historical practice), landowners with prescribed groundwater works who must file approved notices and apply for licences, and developers who need to demonstrate pump capacities or historical usage. The plan concentrates administrative discretion with the chief executive, who will determine nominal entitlements and approve alternatives to IQQM. The Cape York Indigenous reserve and strategic reserve grant rules create concentrated potential beneficiaries for Indigenous and State projects; the plan sets volumetric ceilings that limit extractive returns to private actors from those reserves, ss 25-28.
Key duties and rights
This plan imposes duties, confers rights and creates decision paths. The duties and rights are primarily vested in the chief executive and applicants or licence holders.
Duties of the chief executive
Consistency duty. Decisions about allocation or management of water (other than a water permit) must be consistent with environmental flow objectives (schedule 5) and water allocation security objectives (s 18), s 20. This is the plan’s overriding decision constraint.
Assessment duty. The chief executive must use the IQQM simulation for the simulation period to assess consistency with those objectives; the chief executive may approve an alternative only if satisfied the alternative assesses consistency at least as accurately as IQQM, s 21.
Replacement duty. On commencement, the chief executive must replace statutory local government authorities listed in schedule 7 with specified water licences described in schedule 7, s 42.
Mandatory grant duties. The chief executive must grant specific water licences: to the owner of Kareeya hydro-electric power station for two purposes and to particular lot owners and Tablelands Regional Council, each subject to conditions in schedules 8 and 9 respectively, ss 43-45.
Discretion in unallocated water and regional significance. The chief executive may consider projects to be of regional significance (s 29) having regard to chapter 3 outcomes, economic and social impact, public interest and other considerations; and must follow the Water Regulation‑specified process to grant unallocated water, s 30.
Nominal entitlement and condition-setting duties. The chief executive must decide nominal entitlements for licences granted under s 69 and must consider specific factors when deciding nominal entitlements and conditions for converted and amended licences, ss 51-53, 57, 70.
Rights and duties of applicants and licence holders
Right to take stock or domestic water from watercourse, lake or spring. The owner of land may take water in any way from those sources in the plan area for stock or domestic purposes pursuant to s 20A(5) of the Act, s 31.
Duty to comply with moratorium/transitional refusal rules. Until the resource operations plan is approved, applicants cannot have their s 206 application accepted if granting it would have listed effects on water (increase volume, change location, rate, condition or purpose), s 22. Pre‑2010 applicants not finally decided before the plan’s commencement face mandatory refusal if granting would have listed effects, s 23.
Duty to accept conversion elements and groupings. Owners whose authorisations are converted will receive water allocations that must state daily and annual volumetric limits and conditions (s 48). The allocation will be assigned to a class (A-D) based on purpose and whether a flow condition is stated (s 49) and the purpose will be expressed as either ‘rural’ or ‘any’ pursuant to s 50.
Right to seek alternative assessment method. An applicant may seek to have the IQQM requirement set aside by persuading the chief executive that an alternative method is at least as accurate, s 21(2)-(3).
Right and duty regarding prescribed existing groundwater works. Owners of prescribed existing groundwater works may continue using them for 60 business days after plan commencement and may continue longer if they give the approved notice to the chief executive; they may then be granted a licence under s 69 and will be subject to a nominal entitlement decided by the chief executive having regard to specified matters, ss 68-70.
Duty to supply evidence on pump capacities and historical use. Where daily volumetric limits are derived from pump‑size tables or development permits (s 52), an authorisation holder may satisfy the chief executive that actual pump capability differs, and the chief executive must then decide a daily limit having regard to pump capacity, historical use up to 10 years, system efficiency, and related conditions (s 52(2)).
Condition compliance. Amended licences must carry conditions; in deciding those conditions the chief executive must have regard to the conditions stated on the previously existing licence, ss 59, 66.
Procedural and substantive constraints
Storage caps and purpose limits. The plan sets explicit maximum storage capacities for particular purposes (stock/domestic: generally 20 ML, but 200 ML in Herbert subcatchment area B, s 36; pumping pools 2 ML or 10 ML in Herbert subcatchment B, s 37; micro hydro 20 ML, s 39). Those numeric limits are specific duties for applicants proposing to impound.
Unallocated water purpose limits. Unallocated water held in different reserves can only be granted for designated purposes: strategic reserve for State or Indigenous purposes, Cape York Indigenous reserve for Indigenous purposes, general and high flow reserves for any purpose, s 26. Volumetric limits are located in schedule 6 and the plan prescribes the total volumetric limits for each listed catchment/subcatchment, s 27.
Assessment standard. The chief executive is given the accuracy benchmark relative to IQQM when considering alternative assessment methods, s 21(3). This places an evidential bar on alternative modelling.
The plan therefore erects procedural duties on the chief executive and prescriptive quantitative duties on applicants and owners, while creating rights to continued use (in transition) for prescribed existing groundwater works and to specific mandated licences for named entities. Decision‑making discretion is concentrated in administrative choices under the Act’s grant and amendment powers (see cross references to ss 206, 212, 217 of the Act).
Penalties and enforcement
The plan text as provided does not itself set out explicit criminal penalties, infringement fines or specific enforcement procedures. Instead, enforcement and sanctioning are to be effected through the Act and the regulatory framework it references. The statutory text makes this relationship visible by repeatedly cross‑referencing the Act’s allocation, grant and amendment powers and the Water Regulation 2016 process, for example:
Grants, replacements and amendments are to be performed under existing Act powers such as s 212 (granting licences) and s 217 (amendment), see ss 43, 69, 55, 64 which anchor the plan’s licensing mechanics in the Act’s operation. The plan therefore relies on the Act for the legal mechanisms that effect compliance and any penalties for non‑compliance.
The process for granting unallocated water is located in the Water Regulation 2016, part 2 division 2 subdivision 2 (s 30). Any procedural sanctions associated with non‑compliance with that regulation will be found in that instrument.
The plan imposes mandatory application refusal rules (ss 22-23) and specific storage and interference limits (ss 36-40). Non‑compliance with licence conditions or unauthorised taking of water will be actionable under the Act’s enforcement provisions rather than within the plan itself.
Practical enforcement implications and compliance levers
Administrative enforcement. The chief executive’s powers to impose conditions on licences (s 43(3)(b), references to s 212 in ss 43 and 69) and to refuse to accept applications (ss 22-23) are the core administrative tools the plan uses to compel compliance with its objectives. The text confers the chief executive the ability to specify conditions to give effect to environmental management rules or water sharing rules included in the resource operations plan (s 43(3)(b)(ii)).
Regulatory consistency obligations. Because decisions must be consistent with environmental flow and allocation security objectives (s 20), the IQQM simulation or an approved alternative must be part of the compliance evidence base. Enforcement will therefore involve both administrative decision‑making and technical model‑based assessment.
Transitional compliance windows. For prescribed existing groundwater works, owners have a limited immediate continuation right (60 business days) and an extended right conditional on giving notice in the approved form; continued unauthorised use beyond these windows would place the user outside the statutory safe harbour and expose them to Act‑level enforcement, ss 68-69.
Lack of in‑plan penalty schedules. The omission of in‑plan penalties means practitioners must look to the Act for the concrete liabilities and sanctions that flow from non‑compliance with the plan’s prescriptions. Those might include fines, licence suspension or other enforcement steps under the Act. The plan, however, does specify consequences in administrative form, such as refusal to accept or refusal to grant applications where statutory tests are not met, ss 22-23, 35.
Implementation and enforcement risk
Reliance on the chief executive’s assessment and exercise of discretion creates compliance uncertainty for applicants. The plan sets rules but leaves detailed enforcement and penalty contours to the principal Act and regulations. Parties therefore must plan for administrative contestability: decisions such as approving alternative assessment methods (s 21), deciding nominal entitlements (ss 51-53, 70), and imposing conditions (ss 43, 48) all present potential grounds for objection or review through the Act’s review mechanisms (not set out here).
Data‑dependence. Enforcement will necessarily be tied to hydrological modelling, volumetric accounting and pump capacity evidence. The plan’s emphasis on modelled assessment and simulation (s 21) increases the technical burden on regulators and regulated parties, and raises the prospect of contested science forming the basis of enforcement action.
In short, the plan specifies the rules and administrative remedies but delegates substantive penalty regimes and enforcement mechanisms to the Act and the Water Regulation 2016, requiring practitioners to consult those instruments for precise sanctioning provisions.
How it interacts with other laws
The plan is embedded in a framework of pre‑existing statutory powers, subordinate instruments and planning laws. The text itself cross‑references the principal Act and the Water Regulation 2016, and notes an express relationship with the Sustainable Planning Act 2009.
Key statutory cross‑references and interactions
The Act. The plan operates through and alongside multiple sections of the Act. It makes frequent cross‑references to the Act’s application and powers: s 20A(5) of the Act for stock/domestic taking is invoked in s 31; s 20(2) of the Act is the source of limitations referenced in ss 32 and 61; conversion rules invoke s 121 of the Act (s 46); licence grant and amendment powers under s 212 and s 217 of the Act are called on by ss 43, 69 and the definitions in ss 55 and 64. That situates the plan as a component of the Act’s licensing and resource operations architecture.
Water Regulation 2016. The process for granting unallocated water is expressly located in the Water Regulation 2016, part 2 division 2 subdivision 2, s 30. The plan therefore delegates procedural detail for unallocated water grants to that regulation and expects applicants and decision makers to follow its steps.
Sustainable Planning Act 2009. s 62 records a relationship with the Sustainable Planning Act 2009; the section includes amendment notes indicating changes made by later instruments (s 62 amd 2014 Act No. 29 s 162, and omission note referencing 2016 SL No. 216). Practitioners must check the current planning regime for overlaps where development permits reference pump sizes relevant to s 52 conversions.
Local government and continued authorities. s 42 requires replacement of specified local government authorities continued under the Act’s s 1037 with water licences described in schedule 7. This produces a direct statutory interaction between local government statutory authorities under the Act and the plan’s licence regime.
Resource operations plan and environmental management rules. The plan references environmental management rules and water sharing rules that may be contained in the resource operations plan; the chief executive must give effect to such rules when imposing licence conditions, s 43(3)(b). Thus the plan interacts with the resource operations plan as an operational instrument for local water sharing rules.
Prescribed activities and other subordinate instruments. s 61 allows taking groundwater for activities prescribed under a regulation for section 20(2)(a) of the Act. That means the scope of permitted activities without entitlements depends on regulation‑level prescription.
Operational implications of these interactions
Procedure and substance separation. The plan provides substantive limits and categories (reserves, volumetric caps, storage limits) but relies on the Act and Water Regulation to provide procedural mechanisms for application, enforcement, and review. Practitioners must therefore treat the plan as providing the substantive policy framework and consult the Act and regulations for process and remedies.
Evidence and planning law crossover. The formulae for converting volumetric limits sometimes depend on related development permits that state pump sizes (s 52(1)(d)). That creates a point of intersection with development approval regimes under planning law; where a development permit specifies pump sizes, it may directly influence water allocation quantification.
Transitional bridging. For owners of prescribed existing groundwater works the plan creates a transition mechanism (s 68) linking pre‑existing unregulated use into the regulated regime under the Act via notice and subsequent licence application (s 69). This interaction reduces immediate enforcement risk for these owners but requires action to gain long‑term legality.
Delegation of technical standards. By prescribing IQQM and requiring chief executive approval for alternatives only if at least as accurate (s 21), the plan connects its substantive objectives to a specific technical standard. That technical standard will interact with other legal processes where modelling evidence is contested, including administrative review or judicial review under the Act.
In practice, lawyers and compliance officers will need to consult three instruments together: the Act (for grant/amendment/enforcement powers), this plan (for substantive allocation and interference rules), and the Water Regulation 2016 (for processes on unallocated water), with attention to local resource operations plan rules and any overlapping planning approvals that may state pump sizes or other relevant development conditions.
Amendment history
The plan text contains several amendment annotations. The source as supplied includes the following amendment notes that indicate legislative or subordinate instrument changes; these are the explicit amendments shown in the text you provided.
2014 SL No. 142 amendments. Multiple sections note amendments by 2014 SL No. 142. Examples in the text: s 34 (s 34 amd 2014 SL No. 142 s 226), s 43 (s 43 amd 2014 SL No. 142 s 227), s 44 (s 44 amd 2014 SL No. 142 s 228), s 45 (s 45 amd 2014 SL No. 142 s 229), s 48 (s 48 sub 2014 SL No. 142 s 230), s 52 (s 52 amd 2014 SL No. 142 s 231), s 54 (s 54 amd 2014 SL No. 142 s 232), s 58 (s 58 sub 2014 SL No. 142 s 233), and s 62 (s 62 amd 2014 Act No. 29 s 162). The presence of these amendment notes indicates that these sections were revised by the 2014 subordinate legislation citation shown.
2016 SL No. 216 amendments. The plan notes 2016 subordinate legislation amendments. Specifically, s 30 carries a notation "s 30 amd 2016 SL No. 216 s 146 sch 2", and s 62 shows an omission note "om 2016 SL No. 216 s 146 sch 20" in addition to the 2014 amendment. These annotations indicate that the Water Regulation and associated schedules were updated in 2016 and that the plan’s cross‑references and process notes were adjusted accordingly.
Internal amendment notes. Several sections carry “s‑sub” or “s‑sec” style duplications in the supplied text which are drafting formalities showing the section subdivisions and the amended text. For example, many sections show repeated lines labelled (sec.xx-ssec.y) which reflect the legislative drafting structure rather than substantive later amendments.
What the amendment notes tell an analyst
There have been iterative subordinate instrument updates since the plan’s original drafting, notably in 2014 and 2016, that altered processes (notably s 30’s cross‑reference to the Water Regulation 2016) and multiple substantive drafting points about conversions, licence elements and storage limits. The plan’s mechanics therefore reflect those iterations.
The amendment notes are the only explicit historical record of changes supplied here. The source does not provide a chronology of original enactment dates for the entire schedule or the plan, nor does it provide explication materials such as explanatory memoranda or second-reading speeches in the supplied text. To build a complete legislative history, practitioners must consult the official legislative database or the Queensland parliamentary records for the originating enactment date and the full text of SL No. 142 (2014) and SL No. 216 (2016) referenced.
The notes indicate the plan is maintained through subordinate instruments and periodic amendments. Where the plan relies on the Water Regulation 2016 for a process (s 30), updates to that regulation will change application mechanics for unallocated water without needing further primary‑act amendments.
For precise amendment texts, the schedules and the full legislative instruments referred to in the notes should be consulted. The plan text here is annotated to show where those amendments altered the wording of particular sections.
Litigation history
The supplied plan text contains no citations to judicial decisions and provides no litigation history. It does, however, set out multiple decision points and technical standards that, in other contexts, routinely generate administrative or judicial review litigation. Absent case law in the source, the following are the concrete litigation‑relevant flashpoints that the plan itself creates or leaves open to challenge. These are descriptive potentialities grounded in the plan’s structure, not citations of litigation.
Potential grounds for administrative or judicial review (based on plan mechanics)
Consistency with objectives. Decisions must be consistent with environmental flow and allocation security objectives (s 20). Applicants or affected parties may seek review where the chief executive’s decision is asserted to be inconsistent with those objectives or where the modelling used to conclude consistency is contested. The plan’s explicit reliance on IQQM as the primary assessment tool (s 21) makes the choice and calibration of modelling a likely point of dispute.
Approval of alternative assessment methods. s 21 permits the chief executive to approve an alternative assessment method only if satisfied it will assess consistency at least as accurately as IQQM. A decision to accept or reject an alternative method could be subject to legal challenge on administrative law grounds, particularly if the challenger asserts the chief executive exceeded or misapplied the accuracy benchmark.
Conversion numerics and evidence. The conversion rules for daily and annual volumetric limits rely on a hierarchy of evidence (stated volumes, maximum rates, pump‑size tables, related permits, chief executive discretion based on measurement or estimate). Disputes may arise over whether the chief executive properly applied the hierarchy, whether pump‑size tables produce an accurate volumetric conversion, or whether historical measurements were properly considered, ss 52-53, 57, 70.
Exercise of discretion on nominal entitlements. The chief executive’s discretion to decide nominal entitlements and to accept evidence raising higher entitlements (s 70(4)) is a potential judicial review target if affected parties assert unreasonableness or failure to consider relevant factors.
Application refusals under moratorium and transitional rules. s 22 and s 23 create mandatory refusal pathways. Affected applicants might challenge the refusal if they allege factual error about the projected effects of granting, or that the application fell within an exception. Administrative review could focus on the factual matrix, interpretation of the exceptions, or alleged bias in applying the moratorium.
Conditions for town water supply interference. s 38 requires the chief executive to be satisfied a town has appropriate security strategies and a demonstrated need for increased reliability before granting interference for improved town supply security. Challenges could arise where parties contest whether the town’s strategies meet the qualitative threshold or whether the demonstrated need is established.
Absence of litigation history in the source
Because the supplied text contains no named cases and no record of judicial decisions, the plan as given does not supply precedent. Practitioners must search tribunal and court databases, as well as administrative review records, for decisions interpreting these sections. Any litigation analysis requires procuring those external materials.
Implication for practitioners
The plan creates several technical and discretionary decision points likely to attract contestation. Where model choice, volumetric computation, transition determinations for existing works, or mandatory refusal rules are engaged, litigable issues are plausible. Parties should ensure technical evidence is robust, administrative material is carefully documented, and that statutory criteria (e.g. s 21’s accuracy standard, s 70’s list of factors) are addressed in decision records to reduce review risk.
Gotchas
This plan’s text contains a number of detailed, concrete traps for the unwary. These are procedural, technical and transitional features that can create unexpected outcomes if not addressed precisely.
IQQM as the default assessment standard and high evidential bar for alternatives (s 21). The chief executive must use the IQQM computer program’s simulation for the simulation period to assess consistency with objectives. An alternative assessment method is allowed only if the chief executive is satisfied it will assess consistency at least as accurately as IQQM. Gotcha: if applicants propose an alternative model, they must meet the chief executive’s accuracy test, a potentially opaque technical threshold that can be decisive. Prepare robust comparative validation evidence before seeking an alternative.
Moratorium and mandatory refusal mechanics (ss 22-23). Until the resource operations plan is approved, applications under s 206 that would increase volume, change location, rate, flow conditions, or change purpose will not be accepted (s 22). Pre‑2010 applications not finally decided before the plan’s commencement must be refused if they would have those effects (s 23). Gotcha: some applications that applicants may expect to be processed can be statutorily blocked; reliance on pre‑2010 filing dates is risky unless you confirm the application was finally decided prior to commencement.
Narrow exceptions to moratorium (s 22(3)). The moratorium exceptions are limited: replacement licences, reinstatements, water permits, subdivision or amalgamation of existing licences are excluded from the s 22 bar. Gotcha: desired modifications to an existing licence that change purpose, rate or location but are structured as a subdivision/amalgamation may still be captured by moratorium or conversion rules; check the exception wording carefully.
Storage caps are location‑specific and purpose‑specific (ss 36-39). Stock/domestic storage caps are 20 ML generally but 200 ML in Herbert subcatchment area B (s 36); pumping pool limits are mostly 2 ML but 10 ML in Herbert subcatchment area B (s 37); micro hydro storage capped at 20 ML (s 39). Gotcha: exceedance can render an application non‑compliant; do not assume national or generic caps apply,check the local subcatchment designation.
Town water security test (s 38). The chief executive must not grant interference to improve town supply security unless satisfied the town has appropriate water security strategies and there is demonstrated need. Gotcha: towns or councils must have formal strategies (demand and drought management) and demonstrable evidence of need; informal assurances will not suffice.
Conversion reliance on pump sizes and development permits (s 52). Daily volumetric limits can be drawn from the pump‑size table in schedule 10 or from related development permits stating pump size. Gotcha: a development permit’s stated pump size can lock in a volumetric limit on conversion unless the holder satisfies the chief executive of a different pump capacity; thus planning approvals may have water entitlement consequences.
Evidence burdens for pump capacity challenges (s 52(2)). If conversion uses schedule 10 pump capacities but the holder asserts different real pump capacity, the holder must satisfy the chief executive who will consider irrigation system efficiency and up to 10 years of operation. Gotcha: data and historical records are essential; absence of robust historical pumping records may constrain ability to vary the default conversion.
Allocation grouping consequences (s 49). An allocation’s group class (A-D) depends on whether the purpose is town supply and whether the authorisation states a flow condition. Gotcha: your allocation class affects allocation treatment; ensure the stated purpose and flow conditions are accurate pre‑conversion.
Short transition for prescribed existing groundwater works (s 68). Owners may continue to take groundwater for only 60 business days after plan commencement unless they file notice in the approved form; afterwards continued lawful use depends on being granted a licence. Gotcha: the 60 business‑day window is short; failing to give the approved notice or to lodge a timely licence application risks converting a formerly lawful use into an unauthorised take.
Chief executive discretion and lack of explicit appeal provisions in the plan. Many key outcomes are discretionary: approving alternative assessment methods (s 21), classifying projects as regionally significant (s 29), setting nominal entitlements (ss 51-53, 57, 70). Gotcha: because the plan does not detail appeal rights or procedures, administrative decisions must be documented rigorously, and applicants must be prepared to seek remedies under the Act’s review provisions.
Unallocated water purpose restrictions and finite reserve volumes (ss 25-27). Unallocated water held in strategic reserves may be granted only for State or Indigenous purposes; the Cape York Indigenous reserve is limited to Indigenous purposes. Schedule 6 caps total volumetric limits. Gotcha: private commercial applicants cannot access strategic reserves where restricted; the available supply from those reserves is finite and predetermined by schedule 6.
Specific mandated grants with attached conditions (ss 43-45). The chief executive must grant particular licences to named entities subject to schedule 8 and 9 conditions. Gotcha: these mandated grants create fixed competitors for limited water and establish precedent for condition types the chief executive will impose.
Application process for unallocated water is delegated to Water Regulation 2016 (s 30). Gotcha: substantive eligibility under the plan must be harmonised with the Water Regulation’s procedural rules; ignoring either will jeopardise an application.
In practice, avoid assuming generic water‑planning heuristics apply. The plan is granular and highly localised in its numeric limits, uses a model‑based accuracy benchmark, and strongly relies on administrative discretion. Document pump capacity, historical take records and local planning approvals, act quickly on transitional notices for groundwater works, and map proposed infrastructure to precise subcatchment rules.
How to comply
Compliance under this plan requires procedural attention, technical evidence, and early engagement with the chief executive’s decision pathways. Below is a practical checklist, organised by common compliance objectives, with cross references to the statutory sections.
Assess whether your activity is permitted under the plan
Determine whether the water is surface water or groundwater and whether the location falls within a groundwater management area, s 60 and scope notes. For groundwater in a groundwater management area, takings are lawful only under a water permit, entitlement, s 68 transitional mechanism, stock/domestic or a prescribed activity under regulation, s 61. For surface water impoundment, check the purpose tests in s 35 and the storage caps in ss 36-40.
If you plan to apply for a licence or conversion, prepare model and hydrological evidence
IQQM simulation is the default assessment method required to test consistency with environmental flow objectives and allocation security objectives, s 21. If you propose an alternative model, assemble comparative validation showing the alternative is at least as accurate as IQQM and be prepared to justify calibration choices to the chief executive (s 21(2)-(3)).
Ensure the simulation covers the plan’s simulation period. The plan uses the IQQM simulation for the simulation period as the decision benchmark, s 21.
For applicants seeking unallocated water
Follow the Water Regulation 2016 process for granting unallocated water explicitly referenced in s 30. Check schedule 6 for the total volumetric limits allocated to each reserve and catchment (s 27), and be ready to show your purpose aligns with the reserve type under s 26 (strategic reserve, Cape York Indigenous reserve, general reserve, high flow reserve).
If seeking strategic reserve water for a State or Indigenous purpose, confirm the project falls within the life‑limited grant framework: State-purpose grants for coordinated projects or projects of regional significance are only for the life of the project and revert to the strategic reserve at project end, s 28. If you seek project-of-regional-significance designation, prepare a submission addressing chapter 3 outcomes, economic and social impacts, public interest and welfare considerations as listed in s 29.
For proposed impoundments and storage works
Confirm your proposed purpose is listed as permissible under s 35 or that the impoundment existed before 18 January 2010. If your purpose is stock/domestic, check the storage limits: default 20 ML, except 200 ML for Herbert subcatchment area B, s 36. For pumping pools, default 2 ML but 10 ML in Herbert subcatchment area B, s 37. For micro hydro, storage capped at 20 ML (s 39). Design proposals and submissions to respect these caps; include hydrological justifications showing the storage is no greater than necessary where that is required (s 40).
For town water security upgrades, prepare a town water supply security strategy (demand and drought management) and demonstrate need for increased reliability; s 38 makes these preconditions for grant.
If you have an existing authorisation subject to conversion
Identify if your authorisation is among those specified for conversion to water allocations (s 47). If so, expect a water allocation to state daily volumetric limit, annual volumetric limit and conditions (s 48).
Daily volumetric limits hierarchy: stated daily volume on the authorisation; else compute from maximum rate in litres/second multiplied by 0.0864; else pump‑size table in schedule 10; else related development permit pump size; else chief executive decides based on type of authorisation and measured or estimated daily take, s 52. Gather records that can support conversion, including device specifications, pump test data, and historical takings.
Annual volumetric limits: follow the hierarchy in s 53,stated annual volume on the authorisation; else area‑based calculation using the catchment multipliers; else the higher of the stated volume and the area-based calculation; else chief executive discretion considering historical annual volumes and system capacity. Collect up to 10 years of irrigation or water take records to inform decisions.
For any reliance on pump‑size conversions, ensure related development permits state accurate pump sizes; if you wish to contest a default pump conversion, prepare pump capacity evidence, irrigation system efficiency data and historical usage records for the chief executive to consider, s 52(2).
For owners of prescribed existing groundwater works
If you have prescribed existing groundwater works as defined in s 67, you can continue to take groundwater for 60 business days after the plan’s commencement. To continue after that period, you must give the chief executive notice in the approved form, s 68(2)-(3). File the approved notice promptly to preserve lawful use until s 69 licence is granted. Confirm the approved form and filing channels early.
Prepare an application under s 69 to be granted a water licence; gather evidence on any other water entitlements for the land, bore density in the area, any unsupplemented allocations, and estimated volumes as these are the decision factors in s 70. For irrigation uses, use the area multipliers set out in s 70 when calculating an estimated volume, and compile historical irrigation records for the relevant period (up to 10 years).
For amended water licences and condition review
If your water licence is to be amended under s 217 of the Act (amended water licence defined in ss 55 and 64), expect the purpose to be stated as ‘rural’ if previous purposes were agriculture/irrigation/stock‑intensive, otherwise ‘any’, ss 56, 65.
The chief executive must consider the existing licence conditions when deciding new conditions for an amended water licence, ss 59 and 66. Prepare a conditions inventory and rationale for retaining or modifying conditions.
Recordkeeping and evidence
Maintain accurate pump specifications, pump test curves, irrigation system efficiency figures, flow meter readings and other hydrological records that can be used to demonstrate actual or capable take. The plan explicitly requires the chief executive to consider these matters when deciding daily limits and nominal entitlements, s 52(2), s 70.
For town supply and regional project justifications, compile formal demand and drought management strategies and socio‑economic impact assessments to meet s 29 and s 38 requirements.
Work with the chief executive and regulatory pathways
Early engagement is essential. Seek pre‑lodgement technical discussions where possible, particularly where you propose an alternative model to IQQM, large impoundments, or allocation from a strategic reserve.
For unallocated water, follow Water Regulation 2016 processes and make sure any supporting documentation maps to both the plan’s substantive criteria and the regulation’s procedural steps, s 30.
Legal and remedial considerations
Because many decisions are discretionary and model‑dependent, build administrative records and technical appendices that address the precise statutory criteria (s 20, s 21, s 51-53, s 70). If a decision is adverse, the plan’s cross references to the Act indicate that the Act’s review and appeal pathways will be the remedial route.
Engage hydrological and irrigation engineering expertise early to calibrate models, test pump capacity and demonstrate system efficiency. The plan expects technical evidence to support deviations from default conversions or to meet the IQQM accuracy benchmark for alternative methods, s 21, s 52.
Summary operational checklist
Confirm water type and management area status, s 60, s 61.
Check moratorium and pre‑2010 application rules, ss 22-23.
For impoundment, verify permissible purpose and storage cap, ss 35-40.
For unallocated water, identify reserve type and schedule 6 volumetric limits, follow Water Regulation 2016 process, ss 25-30.
For conversions, assemble pump and historical take evidence for s 52 and s 53 calculations.
For prescribed groundwater works, file approved notice within 60 business days and apply for s 69 licence, ss 67-69.
Document all technical evidence to satisfy the IQQM standard or the chief executive’s acceptance of an alternative, s 21.
Following these steps will align applicants and licence holders with the plan’s substantive and procedural requirements and reduce administrative, technical and legal risk.
Division ch.5-pt.1-div.2Continued effect of moratorium and interim arrangements for applications
(a) increase the amount of water that may be taken;
(b) change the location from which water may be taken;
(c) increase the rate at which water may be taken;
(d) change the flow conditions under which water may be taken;
(e) change the purpose for which the water may be taken or interfered with.
(a) to replace a water licence under section 229 of the Act ; or
(b) to reinstate an expired water licence under section 221 of the Act ; or
(c) for a water permit; or
(d) to subdivide an existing water licence or amalgamate 2 or more existing water licences.
sec.23 Particular applications made before 18 January 2010
sec.23 Particular applications made before 18 January 2010
This section applies to an application—
for a water licence to take or interfere with water in the plan area; and
made under the Act , or the repealed Act, before 18 January 2010; and
not finally decided before the commencement of this plan.
However, this section does not apply to an application—
for a water licence to interfere with water if—
the purpose is to impound water; and
the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
to which chapter 5 , part 2 , division 2 applies.
The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies—
increase the amount of water that may be taken;
change the location from which water may be taken;
increase the rate at which water may be taken;
change the flow conditions under which water may be taken;
increase or change the interference with the water;
change the purpose for which the water may be taken or interfered with.
(sec.23-ssec.1) This section applies to an application— for a water licence to take or interfere with water in the plan area; and made under the Act , or the repealed Act, before 18 January 2010; and not finally decided before the commencement of this plan.
(sec.23-ssec.2) However, this section does not apply to an application— for a water licence to interfere with water if— the purpose is to impound water; and the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or to which chapter 5 , part 2 , division 2 applies.
(sec.23-ssec.3) The application must be refused if granting the application would have 1 or more of the following effects on water to which this plan applies— increase the amount of water that may be taken; change the location from which water may be taken; increase the rate at which water may be taken; change the flow conditions under which water may be taken; increase or change the interference with the water; change the purpose for which the water may be taken or interfered with.
(a) for a water licence to take or interfere with water in the plan area; and
(b) made under the Act , or the repealed Act, before 18 January 2010; and
(c) not finally decided before the commencement of this plan.
(a) for a water licence to interfere with water if— (i) the purpose is to impound water; and (ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
(i) the purpose is to impound water; and
(ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
(b) to which chapter 5 , part 2 , division 2 applies.
(i) the purpose is to impound water; and
(ii) the reason for the impoundment is to generate energy using a micro hydro-electric power scheme; or
(a) increase the amount of water that may be taken;
(b) change the location from which water may be taken;
(c) increase the rate at which water may be taken;
(d) change the flow conditions under which water may be taken;
(e) increase or change the interference with the water;
(f) change the purpose for which the water may be taken or interfered with.
ch.5-pt.1-div.3 Unallocated water
Unallocated water
sec.24 Application of div 3
sec.24 Application of div 3
This division applies to unallocated water.
sec.25 Unallocated water held as strategic reserve, general reserve, Cape York Indigenous reserve and high flow reserve
sec.25 Unallocated water held as strategic reserve, general reserve, Cape York Indigenous reserve and high flow reserve
Unallocated water in the plan area is held as—
for the Cape York Peninsula Region—a strategic reserve, a general reserve, a Cape York Indigenous reserve or a high flow reserve; or
otherwise—a strategic reserve, a general reserve or a high flow reserve.
(a) for the Cape York Peninsula Region—a strategic reserve, a general reserve, a Cape York Indigenous reserve or a high flow reserve; or
(b) otherwise—a strategic reserve, a general reserve or a high flow reserve.
sec.26 Purpose for which unallocated water may be granted
sec.26 Purpose for which unallocated water may be granted
Unallocated water in the plan area may only be granted for the following purposes—
for unallocated water held as a strategic reserve—a State purpose or Indigenous purpose;
for unallocated water held as a Cape York Indigenous reserve—an Indigenous purpose;
for unallocated water held as a general reserve—any purpose;
for unallocated water held as a high flow reserve—any purpose.
(a) for unallocated water held as a strategic reserve—a State purpose or Indigenous purpose;
(b) for unallocated water held as a Cape York Indigenous reserve—an Indigenous purpose;
(c) for unallocated water held as a general reserve—any purpose;
(d) for unallocated water held as a high flow reserve—any purpose.
sec.27 Reserve volumes
sec.27 Reserve volumes
The total of the volumetric limits for all water entitlements to take unallocated water are stated in—
for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and
for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and
for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and
for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.
The total of the volumetric limits to take unallocated water from the Cape York Indigenous reserve in the Daintree catchment area is 400ML.
(sec.27-ssec.1) The total of the volumetric limits for all water entitlements to take unallocated water are stated in— for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.
(sec.27-ssec.2) The total of the volumetric limits to take unallocated water from the Cape York Indigenous reserve in the Daintree catchment area is 400ML.
(a) for water entitlements to take unallocated water for a State purpose from the strategic reserve in a catchment or subcatchment area mentioned in schedule 6 , table 1, column 1— schedule 6 , table 1, column 2 opposite the area; and
(b) for water entitlements to take unallocated water for an Indigenous purpose from the strategic reserve in a catchment area mentioned in schedule 6 , table 2, column 1— schedule 6 , table 2, column 2 opposite the area; and
(c) for water entitlements to take unallocated water from the general reserve in a catchment area mentioned in schedule 6 , table 3, column 1— schedule 6 , table 3, column 2 opposite the area; and
(d) for water entitlements to take unallocated water from the high flow reserve in a catchment area mentioned in schedule 6 , table 4, column 1— schedule 6 , table 4, column 2 opposite the area.
sec.28 Period for which water is granted for particular State purpose
sec.28 Period for which water is granted for particular State purpose
This section applies to the volume of water granted from the strategic reserve for either of the following State purposes—
a coordinated project;
a project of regional significance.
The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.
(sec.28-ssec.1) This section applies to the volume of water granted from the strategic reserve for either of the following State purposes— a coordinated project; a project of regional significance.
(sec.28-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.
(a) a coordinated project;
(b) a project of regional significance.
sec.29 Projects that may be considered to be of regional significance
sec.29 Projects that may be considered to be of regional significance
The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area having regard to the following—
the outcomes stated in chapter 3 ;
the economic or social impact the project will have on the region;
the public interest and the welfare of people in the region;
any other relevant consideration.
(a) the outcomes stated in chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant consideration.
sec.30 Process for granting unallocated water
sec.30 Process for granting unallocated water
The process for granting unallocated water is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .
s 30 amd 2016 SL No. 216 s 146 sch 2
ch.5-pt.1-div.4 Authorised taking or interfering with water without water entitlement
Authorised taking or interfering with water without water entitlement
sec.31 Taking water for stock or domestic purposes
sec.31 Taking water for stock or domestic purposes
For section 20A (5) of the Act , an owner of land may take water, in any way, from a watercourse, lake or spring in the plan area for stock or domestic purposes.
sec.32 Limitation on taking or interfering with water
sec.32 Limitation on taking or interfering with water
For section 20 (2) of the Act , the total volume of water that may be taken or interfered with for activities prescribed under a regulation for sec
This is an opening excerpt, not the complete document.