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Queensland regulation
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Direct links to the current provisions in Water Regulation 2016.
This regulation may be cited as the Water Regulation 2016 .
This regulation commences on the commencement of the Water Reform and Other Legislation Amendment Act 2014 , section 68 .
The dictionary in schedule 19 defines particular words used in this regulation.
The purpose of this division is to support the application of the provisions of the Act relating to the identification of watercourses and establishing the location of outer banks of watercourses.
If a term used in this division is defined in chapter 1 , part 2 of the Act , or in schedule 4 of the Act to the extent it supports the operation of chapter 1 , part 2 of the Act , the term has the same meaning in this division and in schedule 1 . However, a reference to a watercourse is not intended to be limited in the way provided for in section 5 (4) of the Act . (sec.5-ssec.1) If a term used in this division is defined in chapter 1 , part 2 of the Act , or in schedule 4 of the Act to the extent it supports the operation of chapter 1 , part 2 of the Act , the term has the same meaning in this division and in schedule 1 . (sec.5-ssec.2) However, a reference to a watercourse is not intended to be limited in the way provided for in section 5 (4) of the Act .
Diagram A in schedule 1 , part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.
Schedule 1 , part 2 — gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and includes a diagram (diagram B) in cross-section form that depicts the natural features that are likely to be found in a typical upper valley reach; and includes a diagram (diagram C) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in an upper valley reach and that can help in locating outer banks.
Schedule 1 , part 3 — gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and includes a diagram (diagram D) in cross-section form that depicts the natural features that are likely to be found in a typical middle valley reach; and includes a diagram (diagram E) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a middle valley reach and that can help in locating outer banks.
Schedule 1 , part 4 — gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks. Schedule 1 , part 4 also includes— a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment. (sec.9-ssec.1) Schedule 1 , part 4 — gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks. (sec.9-ssec.2) Schedule 1 , part 4 also includes— a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment.
For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1 , parts 2 , 3 and 4 . The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section. Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located. (sec.10-ssec.1) For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1 , parts 2 , 3 and 4 . The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section. (sec.10-ssec.2) Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located.
Schedule 1 includes a number of references to valley margins. A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor. A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole. A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge. (sec.11-ssec.1) Schedule 1 includes a number of references to valley margins. (sec.11-ssec.2) A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor. (sec.11-ssec.3) A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole. A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge.
Schedule 1 includes a number of references to terraces. A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse. A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse. (sec.12-ssec.1) Schedule 1 includes a number of references to terraces. (sec.12-ssec.2) A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse. (sec.12-ssec.3) A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.
For section 36 (3) (b) of the Act , a chief executive’s notice must state the following matters— the land to which the notice applies; the type of works required to be notified by the owner, including the purpose and size of the works; which 1 or more of the following the notice relates to— existing works; works under construction; on their completion, works constructed in the future; an expiry date of the notice; the proposed consultation arrangements for the notice.
For section 39 (a) of the Act , unallocated water, that is described in schedule 2 , is reserved for a part of the State or for particular water to which no water plan applies.
If the Minister proposes to reserve unallocated water, the Minister may decide whether public consultation on the proposal is required. If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating— the location of the unallocated water; and the type of water to be reserved; and the purpose for which the water is to be reserved; and the volume of water to be reserved; and the proposed consultation arrangements; and where information about the proposed unallocated water reserve is available for public access. (sec.15-ssec.1) If the Minister proposes to reserve unallocated water, the Minister may decide whether public consultation on the proposal is required. (sec.15-ssec.2) If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating— the location of the unallocated water; and the type of water to be reserved; and the purpose for which the water is to be reserved; and the volume of water to be reserved; and the proposed consultation arrangements; and where information about the proposed unallocated water reserve is available for public access.
This subdivision prescribes, for sections 39 (b) and 40 (2) of the Act , the processes for releasing unallocated water by— public auction; or tender; or fixed price sale; or grant for a particular purpose. s 16 amd 2023 SL No. 173 s 3
The chief executive must publish a notice about the availability of the water by auction or tender. The notice must be published before— the day the auction is held; or the start of the period in which tenders may be made. The notice must state the following— whether the water is being sold by public auction or tender; the type of water entitlement to be granted for the sale; details as follows for identifying the water— any water plan or water management protocol under which the water is available; the purpose for which the water is available; other details, if any, sufficient to identify the water, including, for example— if the water is described in schedule 2 —the water so described; and the volume of water available to be sold; and the location from which the water may be taken; for an auction—where and when the auction is to be held; for a tender— the day (the closing day ) by which tenders must be made; and the place where tenders must be lodged or the way tenders must be lodged electronically; where the terms of sale are available; anything else relating to the proposed sale the chief executive considers appropriate. The chief executive may publish a notice about the availability of the water by fixed price sale. (sec.17-ssec.1) The chief executive must publish a notice about the availability of the water by auction or tender. (sec.17-ssec.2) The notice must be published before— the day the auction is held; or the start of the period in which tenders may be made. (sec.17-ssec.3) The notice must state the following— whether the water is being sold by public auction or tender; the type of water entitlement to be granted for the sale; details as follows for identifying the water— any water plan or water management protocol under which the water is available; the purpose for which the water is available; other details, if any, sufficient to identify the water, including, for example— if the water is described in schedule 2 —the water so described; and the volume of water available to be sold; and the location from which the water may be taken; for an auction—where and when the auction is to be held; for a tender— the day (the closing day ) by which tenders must be made; and the place where tenders must be lodged or the way tenders must be lodged electronically; where the terms of sale are available; anything else relating to the proposed sale the chief executive considers appropriate. (sec.17-ssec.4) The chief executive may publish a notice about the availability of the water by fixed price sale.
The chief executive may decide the terms— of a sale of water under this division; or Under section 40 of the Act , the chief executive may set a price for the sale of the water. for granting water for a particular purpose under this division.
This section applies if— a person enters into an agreement under this division to purchase water; and the person does not complete the purchase in accordance with the terms of sale. Any deposit paid by the person is forfeited to the State and the State may otherwise deal with the water under this division. (sec.19-ssec.1) This section applies if— a person enters into an agreement under this division to purchase water; and the person does not complete the purchase in accordance with the terms of sale. (sec.19-ssec.2) Any deposit paid by the person is forfeited to the State and the State may otherwise deal with the water under this division.
s 20 om 2019 SL No. 1 s 3
The chief executive may withdraw a sale under this division of all or part of the water— for a sale by auction— before the auction; or if the water is not sold at the auction, after the auction; or for a sale by tender—before the closing day for the tender; or for a fixed price sale—before an agreement is entered into under this division for the sale. If a sale is withdrawn under subsection (1) (a) or (b) , the chief executive must publish a notice about the withdrawal. (sec.21-ssec.1) The chief executive may withdraw a sale under this division of all or part of the water— for a sale by auction— before the auction; or if the water is not sold at the auction, after the auction; or for a sale by tender—before the closing day for the tender; or for a fixed price sale—before an agreement is entered into under this division for the sale. (sec.21-ssec.2) If a sale is withdrawn under subsection (1) (a) or (b) , the chief executive must publish a notice about the withdrawal.
This section prescribes, for section 49 (2) (a) of the Act , the times at which the Minister must prepare reports about each water plan and the matters a report must state. The Minister must prepare the following reports about each water plan— an initial report within 5 years after the commencement of the plan; and a subsequent report each no more than 5 years after the previous report unless subsection (3) applies. However, if a notice under section 44 (2) of the Act states, for a water plan, the matters mentioned in subsection (4) , the notice is taken to be a subsequent report prepared by the Minister under subsection (2) (b) for the water plan. The Minister’s report about a water plan must state the following— whether the plan is advancing the sustainable management of Queensland’s water resources; an assessment of the effectiveness of the implementation of the plan in achieving the plan’s outcomes; information on water use and authorisations in the plan area, including— water entitlements; and water taken or interfered with under statutory authorisations; a summary of the findings of research and monitoring for the plan; any identified risks to the plan’s outcomes; what amendments, if any, have been made to the plan since its commencement; any noncompliance under a water entitlement or other authorisation in the plan area. s 22 amd 2019 SL No. 1 s 4 (sec.22-ssec.1) This section prescribes, for section 49 (2) (a) of the Act , the times at which the Minister must prepare reports about each water plan and the matters a report must state. (sec.22-ssec.2) The Minister must prepare the following reports about each water plan— an initial report within 5 years after the commencement of the plan; and a subsequent report each no more than 5 years after the previous report unless subsection (3) applies. (sec.22-ssec.3) However, if a notice under section 44 (2) of the Act states, for a water plan, the matters mentioned in subsection (4) , the notice is taken to be a subsequent report prepared by the Minister under subsection (2) (b) for the water plan. (sec.22-ssec.4) The Minister’s report about a water plan must state the following— whether the plan is advancing the sustainable management of Queensland’s water resources; an assessment of the effectiveness of the implementation of the plan in achieving the plan’s outcomes; information on water use and authorisations in the plan area, including— water entitlements; and water taken or interfered with under statutory authorisations; a summary of the findings of research and monitoring for the plan; any identified risks to the plan’s outcomes; what amendments, if any, have been made to the plan since its commencement; any noncompliance under a water entitlement or other authorisation in the plan area. s 22 amd 2019 SL No. 1 s 4
For section 99 (2) (b) of the Act , the taking of water by a constructing authority for the purpose of constructing or maintaining infrastructure that the constructing authority may lawfully construct or maintain is prescribed.
For section 99 (2) (c) (i) of the Act , the taking of water by a constructing authority is subject to the condition that the taking of water by the constructing authority is done in accordance with the document called ‘Exemption requirements for constructing authorities for the taking of water without a water entitlement’ approved by the chief executive.
Each activity mentioned in schedule 3 is prescribed for section 101 (1) (a) of the Act . However, subsection (1) does not apply to the extent the water for the activity is taken from an area to which a water supply scheme applies, unless the water is taken by a person who holds— a resource operations licence for the water supply scheme; or an interim resource operations licence for the water supply scheme; or a distribution operations licence for the water supply scheme. s 25 amd 2017 SL No. 122 s 5 (sec.25-ssec.1) Each activity mentioned in schedule 3 is prescribed for section 101 (1) (a) of the Act . (sec.25-ssec.2) However, subsection (1) does not apply to the extent the water for the activity is taken from an area to which a water supply scheme applies, unless the water is taken by a person who holds— a resource operations licence for the water supply scheme; or an interim resource operations licence for the water supply scheme; or a distribution operations licence for the water supply scheme.
For section 104 of the Act , definition prescribed entity , paragraph (l) , the entities mentioned in schedule 4 are prescribed.
For schedule 4 of the Act , definition water sharing rules , paragraph (c) , the water sharing rules for taking water from a water management area, or a part of the area, mentioned in schedule 5 , column 1, are opposite the area in column 2. A copy of the water sharing rules for a water management area, or a part of the area, may be obtained from the department’s regional office for the area. The water sharing rules for taking water from a particular water management area, or a part of the area, may state the following— if, under the rules, the chief executive is required to decide an announced entitlement— how the announced entitlement is decided; and whether the announced entitlement may be varied during the water year; and whether the announced entitlement applies in relation to the taking of water for a particular purpose; the extent to which, and the conditions on which, carry overs and forward draws may be authorised in the area, or the part of the area. Subsection (2) does not limit the matters that may be stated in the water sharing rules. (sec.27-ssec.1) For schedule 4 of the Act , definition water sharing rules , paragraph (c) , the water sharing rules for taking water from a water management area, or a part of the area, mentioned in schedule 5 , column 1, are opposite the area in column 2. A copy of the water sharing rules for a water management area, or a part of the area, may be obtained from the department’s regional office for the area. (sec.27-ssec.2) The water sharing rules for taking water from a particular water management area, or a part of the area, may state the following— if, under the rules, the chief executive is required to decide an announced entitlement— how the announced entitlement is decided; and whether the announced entitlement may be varied during the water year; and whether the announced entitlement applies in relation to the taking of water for a particular purpose; the extent to which, and the conditions on which, carry overs and forward draws may be authorised in the area, or the part of the area. (sec.27-ssec.3) Subsection (2) does not limit the matters that may be stated in the water sharing rules.
A nominal entitlement is the volume of water authorised to be taken during a water year under a water licence. However, the volume of water that may be taken during a particular water year is the annual entitlement for the water year. (sec.28-ssec.1) A nominal entitlement is the volume of water authorised to be taken during a water year under a water licence. (sec.28-ssec.2) However, the volume of water that may be taken during a particular water year is the annual entitlement for the water year.
If the water sharing rules for taking water from a water management area, or a part of the area, require the chief executive to decide an announced entitlement , the chief executive must— decide the announced entitlement before the start of the water year to which the announced entitlement relates; and publish the announced entitlement. An announced entitlement is a percentage of a nominal entitlement. In deciding an announced entitlement, the chief executive must consider— the following to the extent appropriate for the water management area, or the part of the area, to which the entitlement relates— trends in underground water levels; long-term average sustainable yield; historical water use; anticipated water use; water available to supplement water licences in the area; weather conditions, including weather forecasts; and the water sharing rules for taking water from the area. If the chief executive varies an announced entitlement during a water year, subsection (1) (b) applies to the varied announced entitlement. (sec.29-ssec.1) If the water sharing rules for taking water from a water management area, or a part of the area, require the chief executive to decide an announced entitlement , the chief executive must— decide the announced entitlement before the start of the water year to which the announced entitlement relates; and publish the announced entitlement. (sec.29-ssec.2) An announced entitlement is a percentage of a nominal entitlement. (sec.29-ssec.3) In deciding an announced entitlement, the chief executive must consider— the following to the extent appropriate for the water management area, or the part of the area, to which the entitlement relates— trends in underground water levels; long-term average sustainable yield; historical water use; anticipated water use; water available to supplement water licences in the area; weather conditions, including weather forecasts; and the water sharing rules for taking water from the area. (sec.29-ssec.4) If the chief executive varies an announced entitlement during a water year, subsection (1) (b) applies to the varied announced entitlement.
If, for a water year, the chief executive has decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence to which the announced entitlement relates is calculated by— multiplying the nominal entitlement for the water licence by the announced entitlement; and adjusting the volume for any carry over or forward draw that applies to the licence for the water year. If, for a water year, the chief executive has not decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence in the area or the part of the area is the nominal entitlement for the licence adjusted for any carry over or forward draw that applies to the licence for the water year. (sec.30-ssec.1) If, for a water year, the chief executive has decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence to which the announced entitlement relates is calculated by— multiplying the nominal entitlement for the water licence by the announced entitlement; and adjusting the volume for any carry over or forward draw that applies to the licence for the water year. (sec.30-ssec.2) If, for a water year, the chief executive has not decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence in the area or the part of the area is the nominal entitlement for the licence adjusted for any carry over or forward draw that applies to the licence for the water year.
s 31 om 2019 SL No. 204 s 12
This division states, for section 126 (3) of the Act , the process for dealing with an application for relocation of— a water licence for the taking of water from a location in a water management area— declared by the chief executive under section 137 (1) ; and for which water sharing rules mentioned in schedule 5 for the taking of water from the area allow all or part of the licence to be relocated under section 126 of the Act ; or a water licence if a water management protocol allows all or part of the licence to be relocated under section 126 of the Act . s 32 sub 2019 SL No. 204 s 14
In this division— amalgamation , in relation to a water licence, means amalgamation of the licence with another water licence held or to be held by the transferee. amendment , in relation to a water licence, means amendment of the licence to change the purpose for which water may be taken under the licence. new licence means the water licence that the chief executive may issue under this division after an application for relocation is decided. transfer , in relation to a water licence, means transfer of the licence to a prescribed person within the meaning of section 126 (4) of the Act . transfer notice see section 37 (2) . s 33 sub 2019 SL No. 204 s 14
This section applies to an application to relocate a water licence. The application must be— made to the chief executive in the approved form; and if the application includes a transfer or amalgamation—made jointly by the following— the holder of the licence; the proposed transferee. The application must— state each of the following— details of the licence; if the licence, or part of the licence, is to be amalgamated with the transferee’s water licence—details of the transferee’s licence; the purpose for which the water will be taken under the new licence; details of the location of the proposed taking of water under the new licence; the volume of water proposed to be taken under the new licence; and be accompanied by— a statutory declaration by the holder of the licence that each person (an interested entity ) who has a financial or other interest in the land of the holder for which the licence is held has been given notice of the proposed relocation; and the written consent of each interested entity to the proposed relocation; and the application fee. The application to relocate may include 1 or more transfers, amendments or amalgamations. s 34 amd 2019 SL No. 204 s 15 (sec.34-ssec.1) This section applies to an application to relocate a water licence. (sec.34-ssec.2) The application must be— made to the chief executive in the approved form; and if the application includes a transfer or amalgamation—made jointly by the following— the holder of the licence; the proposed transferee. (sec.34-ssec.3) The application must— state each of the following— details of the licence; if the licence, or part of the licence, is to be amalgamated with the transferee’s water licence—details of the transferee’s licence; the purpose for which the water will be taken under the new licence; details of the location of the proposed taking of water under the new licence; the volume of water proposed to be taken under the new licence; and be accompanied by— a statutory declaration by the holder of the licence that each person (an interested entity ) who has a financial or other interest in the land of the holder for which the licence is held has been given notice of the proposed relocation; and the written consent of each interested entity to the proposed relocation; and the application fee. (sec.34-ssec.4) The application to relocate may include 1 or more transfers, amendments or amalgamations.
In deciding whether to approve the application, the chief executive must consider— any additional information given about the application; and each of the following that apply to the water licence that is the subject of the application— a water plan; a water management protocol, including, in particular, the rules stated in the protocol for relocating water licences; water sharing rules mentioned in schedule 5 , to the extent the rules are about relocating water licences. Subsection (1) does not limit the matters the chief executive may consider. s 35 amd 2019 SL No. 204 s 16 (sec.35-ssec.1) In deciding whether to approve the application, the chief executive must consider— any additional information given about the application; and each of the following that apply to the water licence that is the subject of the application— a water plan; a water management protocol, including, in particular, the rules stated in the protocol for relocating water licences; water sharing rules mentioned in schedule 5 , to the extent the rules are about relocating water licences. (sec.35-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
After considering the matters mentioned in section 35 , the chief executive may— refuse the application; or approve the application with or without conditions. Subsection (3) applies if approving the application would be inconsistent with the matters the chief executive must consider under section 35 (1) (b) . The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. Subsection (5) applies if the chief executive makes a decision consistent with the matters the chief executive must consider under section 35 (1) (b) and if no other decision could have been made. The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. Subsection (7) applies if— water sharing rules mentioned in schedule 5 apply to the relocation of the licence that is the subject of the application; or the chief executive makes a decision consistent with the water plan or water management protocol and a different decision consistent with the plan or protocol could have been made. The chief executive must give the applicant an information notice about the decision within 30 business days after deciding the application. s 36 amd 2019 SL No. 204 s 17 (sec.36-ssec.1) After considering the matters mentioned in section 35 , the chief executive may— refuse the application; or approve the application with or without conditions. (sec.36-ssec.2) Subsection (3) applies if approving the application would be inconsistent with the matters the chief executive must consider under section 35 (1) (b) . (sec.36-ssec.3) The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. (sec.36-ssec.4) Subsection (5) applies if the chief executive makes a decision consistent with the matters the chief executive must consider under section 35 (1) (b) and if no other decision could have been made. (sec.36-ssec.5) The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application. (sec.36-ssec.6) Subsection (7) applies if— water sharing rules mentioned in schedule 5 apply to the relocation of the licence that is the subject of the application; or the chief executive makes a decision consistent with the water plan or water management protocol and a different decision consistent with the plan or protocol could have been made. (sec.36-ssec.7) The chief executive must give the applicant an information notice about the decision within 30 business days after deciding the application.
This section applies if the applicant— is given an information notice for the decision; and is eligible and intends to proceed with the relocation. The applicant must give the chief executive notice in the approved form (a transfer notice ) within 30 business days after— if the applicant appeals against the decision—the day the appeal is finally decided; or otherwise—the day the applicant receives the information notice. For subsection (1) (b) , the applicant is eligible to proceed with the relocation if— the chief executive has approved the application with or without conditions; or the applicant appeals against the decision and the decision is confirmed, amended or substituted so that the application is approved with or without conditions. s 37 amd 2019 SL No. 204 s 18 (sec.37-ssec.1) This section applies if the applicant— is given an information notice for the decision; and is eligible and intends to proceed with the relocation. (sec.37-ssec.2) The applicant must give the chief executive notice in the approved form (a transfer notice ) within 30 business days after— if the applicant appeals against the decision—the day the appeal is finally decided; or otherwise—the day the applicant receives the information notice. (sec.37-ssec.3) For subsection (1) (b) , the applicant is eligible to proceed with the relocation if— the chief executive has approved the application with or without conditions; or the applicant appeals against the decision and the decision is confirmed, amended or substituted so that the application is approved with or without conditions.
This section applies if the chief executive— gives the applicant notice of the decision, other than an information notice; or receives a transfer notice within the period mentioned in section 37 (2) . The chief executive may require the proposed transferee to give a document evidencing ownership of land to which the new licence will attach. The chief executive must cancel, amend or subdivide the water licence the subject of the application, or issue a new licence, necessary to give effect to the relocation within 30 business days after— if the chief executive has, under subsection (2) , required the proposed transferee to give a document—the day the chief executive receives the document; or if the chief executive receives a transfer notice—the day the chief executive receives the notice; or otherwise—the day the chief executive gives notice of the decision under section 36 (3) or (5) . s 38 amd 2019 SL No. 204 s 19 (sec.38-ssec.1) This section applies if the chief executive— gives the applicant notice of the decision, other than an information notice; or receives a transfer notice within the period mentioned in section 37 (2) . (sec.38-ssec.2) The chief executive may require the proposed transferee to give a document evidencing ownership of land to which the new licence will attach. (sec.38-ssec.3) The chief executive must cancel, amend or subdivide the water licence the subject of the application, or issue a new licence, necessary to give effect to the relocation within 30 business days after— if the chief executive has, under subsection (2) , required the proposed transferee to give a document—the day the chief executive receives the document; or if the chief executive receives a transfer notice—the day the chief executive receives the notice; or otherwise—the day the chief executive gives notice of the decision under section 36 (3) or (5) .
For section 127 (2) (b) of the Act — seasonal water assignments are allowed in a water management area, or a part of the area, mentioned in schedule 6 , column 1, for a water licence mentioned for the area in column 2; and the seasonal water assignment rules for a water management area, or a part of the area, stated, for the area, in column 3 are prescribed. A copy of seasonal water assignment rules mentioned in schedule 6 may be obtained from the department’s regional office for the area to which the rules relate.
If a water licence attaches to land and the licensee ceases to be an owner of the land, on the day the licensee ceases to be the owner— the licensee ceases to be the holder of the licence; and the registered owner of the land becomes the new licensee. The chief executive must give the new licensee a new licence that has the same effect as the previous licence. (sec.40-ssec.1) If a water licence attaches to land and the licensee ceases to be an owner of the land, on the day the licensee ceases to be the owner— the licensee ceases to be the holder of the licence; and the registered owner of the land becomes the new licensee. (sec.40-ssec.2) The chief executive must give the new licensee a new licence that has the same effect as the previous licence.
This section applies if— a water licence of either of the following types attaches to land— a licence to take water; a licence mentioned in section 107 (1) (c) of the Act ; and the registered owner (the disposer ) of the land disposes of part of the land. On the day the disposer disposes of the part, the water licence is taken to be held jointly by all owners of the land to which the licence attaches. See section 121 of the Act about who may apply for a dealing with a water licence. The chief executive must give all owners of the land to which the water licence attaches, other than the disposer, a copy of the licence. s 41 amd 2019 SL No. 1 s 5 (sec.41-ssec.1) This section applies if— a water licence of either of the following types attaches to land— a licence to take water; a licence mentioned in section 107 (1) (c) of the Act ; and the registered owner (the disposer ) of the land disposes of part of the land. (sec.41-ssec.2) On the day the disposer disposes of the part, the water licence is taken to be held jointly by all owners of the land to which the licence attaches. See section 121 of the Act about who may apply for a dealing with a water licence. (sec.41-ssec.3) The chief executive must give all owners of the land to which the water licence attaches, other than the disposer, a copy of the licence.
This section applies if— a water licence to interfere with the flow of water on, under or adjoining land is attached to land; and the registered owner of the land disposes of part of the land. Subsection (3) applies if the location at which water may be interfered with is on, under or adjoining either the part of the land disposed of or the part retained by the owner. The licence attaches to the part and the chief executive must amend the licence under section 132 of the Act , to show the change. Subsection (5) applies if the location at which water may be interfered with is on, under or adjoining both the part of the land disposed of and the part retained. The chief executive must amend the licence under section 132 of the Act , so that the licence is held jointly by both the owner of the part retained and the owner of the part disposed of. (sec.42-ssec.1) This section applies if— a water licence to interfere with the flow of water on, under or adjoining land is attached to land; and the registered owner of the land disposes of part of the land. (sec.42-ssec.2) Subsection (3) applies if the location at which water may be interfered with is on, under or adjoining either the part of the land disposed of or the part retained by the owner. (sec.42-ssec.3) The licence attaches to the part and the chief executive must amend the licence under section 132 of the Act , to show the change. (sec.42-ssec.4) Subsection (5) applies if the location at which water may be interfered with is on, under or adjoining both the part of the land disposed of and the part retained. (sec.42-ssec.5) The chief executive must amend the licence under section 132 of the Act , so that the licence is held jointly by both the owner of the part retained and the owner of the part disposed of.
This section applies to a water licence if part of the land to which the licence attaches— is taken under the Acquisition of Land Act 1967 ; or is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act. If the acquisition or disposal includes a transfer of the licence, the chief executive must record the transfer in the department’s records as if the transfer were a proposed dealing mentioned in section 131 (1) of the Act . If water that may be taken under the licence can still be taken from the original source on or adjoining the remaining part of the land, the chief executive must amend the licence under section 132 of the Act , so the licence attaches to the remaining part of the land. If the remaining part of the land no longer adjoins the original source, on the day the acquisition or disposal happens the water licence is taken to be held jointly by all owners of the land to which the licence attaches. See section 121 of the Act about who may apply for a dealing with a water licence. (sec.43-ssec.1) This section applies to a water licence if part of the land to which the licence attaches— is taken under the Acquisition of Land Act 1967 ; or is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act. (sec.43-ssec.2) If the acquisition or disposal includes a transfer of the licence, the chief executive must record the transfer in the department’s records as if the transfer were a proposed dealing mentioned in section 131 (1) of the Act . (sec.43-ssec.3) If water that may be taken under the licence can still be taken from the original source on or adjoining the remaining part of the land, the chief executive must amend the licence under section 132 of the Act , so the licence attaches to the remaining part of the land. (sec.43-ssec.4) If the remaining part of the land no longer adjoins the original source, on the day the acquisition or disposal happens the water licence is taken to be held jointly by all owners of the land to which the licence attaches.
For section 39 (c) of the Act , the criteria for establishing the elements of proposed water allocations to be granted on conversion from a water entitlement or other authorisation (each an existing authorisation ) are— to the extent a relevant water plan applies the criteria stated in subdivision 2 or 3 —the criteria; and any criteria in a relevant water plan for converting an existing authorisation to a water allocation. If there is an inconsistency between criteria mentioned in subsection (1) (a) and criteria mentioned in subsection (1) (b) , the criteria mentioned in subsection (1) (b) prevail. (sec.44-ssec.1) For section 39 (c) of the Act , the criteria for establishing the elements of proposed water allocations to be granted on conversion from a water entitlement or other authorisation (each an existing authorisation ) are— to the extent a relevant water plan applies the criteria stated in subdivision 2 or 3 —the criteria; and any criteria in a relevant water plan for converting an existing authorisation to a water allocation. (sec.44-ssec.2) If there is an inconsistency between criteria mentioned in subsection (1) (a) and criteria mentioned in subsection (1) (b) , the criteria mentioned in subsection (1) (b) prevail.
If a water plan states that the nominal volume for a water allocation is to be based on the nominal entitlement for the existing authorisation, the nominal volume for the allocation is the nominal entitlement stated on the existing authorisation. In this section— nominal entitlement means— for a water licence—see section 28 ; or for a continuing interim water allocation—the volume of water stated on the allocation that may be taken in a period of 12 months. (sec.45-ssec.1) If a water plan states that the nominal volume for a water allocation is to be based on the nominal entitlement for the existing authorisation, the nominal volume for the allocation is the nominal entitlement stated on the existing authorisation. (sec.45-ssec.2) In this section— nominal entitlement means— for a water licence—see section 28 ; or for a continuing interim water allocation—the volume of water stated on the allocation that may be taken in a period of 12 months.
If a water plan states that the nominal volume for a water allocation is to be based on an assessment of the water taken under the existing authorisation, the chief executive must decide the nominal volume having regard to the following— the local availability of water; the conditions under which water may be taken under the existing authorisation; if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume; the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation; any other criteria, for making the decision, stated in the relevant water plan. For subsection (1) (a) , the local availability of water includes consideration of the volume of water worked out or estimated by the chief executive to have been able to be taken by authorisations, other than the existing authorisation, that would have affected access to water under the existing authorisation. (sec.46-ssec.1) If a water plan states that the nominal volume for a water allocation is to be based on an assessment of the water taken under the existing authorisation, the chief executive must decide the nominal volume having regard to the following— the local availability of water; the conditions under which water may be taken under the existing authorisation; if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume; the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation; any other criteria, for making the decision, stated in the relevant water plan. (sec.46-ssec.2) For subsection (1) (a) , the local availability of water includes consideration of the volume of water worked out or estimated by the chief executive to have been able to be taken by authorisations, other than the existing authorisation, that would have affected access to water under the existing authorisation.
If a water plan states that the volumetric limit for a water allocation is to be based on the limit stated on the existing authorisation, the volumetric limit for the allocation is the volume of water that may be taken in a period of 12 months stated on the allocation. However, if the water plan states an alternative period, the volumetric limit for the water allocation is the volume of water allowed to be taken under the existing authorisation in the period stated in the water plan. (sec.47-ssec.1) If a water plan states that the volumetric limit for a water allocation is to be based on the limit stated on the existing authorisation, the volumetric limit for the allocation is the volume of water that may be taken in a period of 12 months stated on the allocation. (sec.47-ssec.2) However, if the water plan states an alternative period, the volumetric limit for the water allocation is the volume of water allowed to be taken under the existing authorisation in the period stated in the water plan.
If a water plan states that the volumetric limit for a water allocation is to be based on the area able to be irrigated that is stated on the existing authorisation, the volumetric limit for the allocation is the area stated as being able to be irrigated on the existing authorisation multiplied by the factor stated in the water plan.
If a water plan states that the volumetric limit for a water allocation is to be based on an assessment of water taken under the existing authorisation and the efficiency of the use of the water, the volumetric limit for the allocation is the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the water taking capacity of any works for taking water under the allocation; the volume of water required for the allocation’s intended purpose; the annual volumes of water for the period stated in the relevant water plan estimated by the chief executive to have been taken under the existing authorisation with the works that were in place immediately before the commencement of this section; the efficiency of the use of the water mentioned in paragraph (d) ; any other criteria, for making the decision, stated in the relevant water plan.
If a water plan states that the maximum rate for a water allocation is to be based on the maximum rate for the existing authorisation, the maximum rate for the allocation is the maximum rate for taking water under the existing authorisation.
Subsection (2) applies if a water plan states that the maximum rate for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation. The maximum rate for the allocation is— if the water plan states the maximum rate for taking water in litres per second and— the pump size is mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or the pump size is not mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; or if the water plan states the maximum rate for taking water in megalitres per day and— the pump size is mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 3, for the pump size; or the pump size is not mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 3. Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act , is satisfied the maximum rate for the allocation is different from the maximum rate decided under subsection (2) for the allocation. Despite subsection (2) , the maximum rate for the allocation is the rate decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the water taking capacity of the pump to which the development permit relates; any other criteria, for making the decision, stated in the relevant water plan. (sec.51-ssec.1) Subsection (2) applies if a water plan states that the maximum rate for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation. (sec.51-ssec.2) The maximum rate for the allocation is— if the water plan states the maximum rate for taking water in litres per second and— the pump size is mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or the pump size is not mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; or if the water plan states the maximum rate for taking water in megalitres per day and— the pump size is mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 3, for the pump size; or the pump size is not mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 3. (sec.51-ssec.3) Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act , is satisfied the maximum rate for the allocation is different from the maximum rate decided under subsection (2) for the allocation. (sec.51-ssec.4) Despite subsection (2) , the maximum rate for the allocation is the rate decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the water taking capacity of the pump to which the development permit relates; any other criteria, for making the decision, stated in the relevant water plan.
This section applies if a water plan states that the maximum rate for a water allocation is to be decided by the chief executive, other than if— the existing authorisation states a maximum rate; or a related development permit states a pump size for taking water. The maximum rate for the allocation is the rate decided by the chief executive having regard to— the purpose stated on the existing authorisation; and the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and any other criteria, for making the decision, stated in the relevant water plan. (sec.52-ssec.1) This section applies if a water plan states that the maximum rate for a water allocation is to be decided by the chief executive, other than if— the existing authorisation states a maximum rate; or a related development permit states a pump size for taking water. (sec.52-ssec.2) The maximum rate for the allocation is the rate decided by the chief executive having regard to— the purpose stated on the existing authorisation; and the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and any other criteria, for making the decision, stated in the relevant water plan.
If a water plan states that the daily volumetric limit for a water allocation is to be based on the existing authorisation, the daily volumetric limit for the allocation is the maximum rate for taking water in a day, stated on the existing authorisation.
This section applies if a water plan states that the daily volumetric limit for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation. The daily volumetric limit for the allocation is— if the pump size is mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or if the pump size is not mentioned in schedule 7 , column 1—the daily volumetric limit for the allocation decided by the chief executive having regard to the daily volumetric limits for similar pump sizes stated in schedule 7 , column 3. Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act , is satisfied the daily volumetric limit for the allocation is different from the daily volumetric limit decided under subsection (2) for the allocation. Despite subsection (2) , the daily volumetric limit for the water allocation is the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the efficiency of the use of water taken under the existing authorisation; the water taking capacity of the pump to which the development permit relates under normal operating conditions; any other criteria, for making the decision, stated in the relevant water plan. However, if the allocation states a maximum rate for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate. (sec.54-ssec.1) This section applies if a water plan states that the daily volumetric limit for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation. (sec.54-ssec.2) The daily volumetric limit for the allocation is— if the pump size is mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or if the pump size is not mentioned in schedule 7 , column 1—the daily volumetric limit for the allocation decided by the chief executive having regard to the daily volumetric limits for similar pump sizes stated in schedule 7 , column 3. (sec.54-ssec.3) Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act , is satisfied the daily volumetric limit for the allocation is different from the daily volumetric limit decided under subsection (2) for the allocation. (sec.54-ssec.4) Despite subsection (2) , the daily volumetric limit for the water allocation is the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the existing authorisation; the efficiency of the use of water taken under the existing authorisation; the water taking capacity of the pump to which the development permit relates under normal operating conditions; any other criteria, for making the decision, stated in the relevant water plan. (sec.54-ssec.5) However, if the allocation states a maximum rate for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.
This section applies if a water plan states that the daily volumetric limit is to be decided by the chief executive, other than if— the existing authorisation states a daily volumetric limit; or a related development permit states a pump size for taking water relating to the permit. The daily volumetric limit for the water allocation is the daily volumetric limit decided by the chief executive having regard to— the purpose stated on the existing authorisation; and the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and any other criteria, for making the decision, stated in the relevant water plan. However, if the allocation states a maximum rate for taking water for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate. (sec.55-ssec.1) This section applies if a water plan states that the daily volumetric limit is to be decided by the chief executive, other than if— the existing authorisation states a daily volumetric limit; or a related development permit states a pump size for taking water relating to the permit. (sec.55-ssec.2) The daily volumetric limit for the water allocation is the daily volumetric limit decided by the chief executive having regard to— the purpose stated on the existing authorisation; and the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and any other criteria, for making the decision, stated in the relevant water plan. (sec.55-ssec.3) However, if the allocation states a maximum rate for taking water for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.
The chief executive may impose on a water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of the relevant water plan are achieved. In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to— any conditions stated on the existing authorisation; and any other criteria, for making the decision, stated in the relevant water plan. (sec.56-ssec.1) The chief executive may impose on a water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of the relevant water plan are achieved. (sec.56-ssec.2) In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to— any conditions stated on the existing authorisation; and any other criteria, for making the decision, stated in the relevant water plan.
This subdivision applies to a water allocation if— the allocation is not managed under a resource operations licence; and a water management protocol allows seasonal water assignments for the allocation.
The holder of a water allocation may apply to the chief executive for a seasonal water assignment for the water allocation for the water year, or shorter period prescribed by a water management protocol, in which the application is made. The holder of a seasonal water assignment notice for a water allocation may apply to the chief executive for a seasonal water assignment for the seasonal water assignment notice for the water year, or shorter period prescribed by a water management protocol, in which the application is made. An application under subsection (1) or (2) must be— in the approved form; and accompanied by the application fee stated in schedule 12 . s 58 sub 2017 SL No. 122 s 6 amd 2020 SL No. 56 s 3 (sec.58-ssec.1) The holder of a water allocation may apply to the chief executive for a seasonal water assignment for the water allocation for the water year, or shorter period prescribed by a water management protocol, in which the application is made. (sec.58-ssec.2) The holder of a seasonal water assignment notice for a water allocation may apply to the chief executive for a seasonal water assignment for the seasonal water assignment notice for the water year, or shorter period prescribed by a water management protocol, in which the application is made. (sec.58-ssec.3) An application under subsection (1) or (2) must be— in the approved form; and accompanied by the application fee stated in schedule 12 . s 58 sub 2017 SL No. 122 s 6 amd 2020 SL No. 56 s 3
If the application is consistent with the seasonal water assignment rules (the relevant rules ) stated in a water management protocol applying to the relevant water plan area, the chief executive must approve the application, with or without conditions. If the application is inconsistent with the relevant rules, the chief executive must refuse the application. As soon as practicable after deciding the application, the chief executive must— give the applicant notice of the decision; and if the application is approved—give the proposed assignee a seasonal water assignment notice. The notice mentioned in subsection (3) (a) must be an information notice if, having regard to the information in the application, the chief executive could have made a different decision consistent with the relevant rules. The notice mentioned in subsection (3) (a) must include the reasons for the decision if— subsection (4) does not apply; and the decision is to— refuse the application; or approve the application— with a condition not requested in the application; or if the application requested a particular condition—without the condition. To the extent the application is approved, the applicant is not authorised to take water that is the subject of the seasonal water assignment. Subsection (8) applies if— the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment; and a water management protocol, other than a protocol that contains a multi-year accounting rule for the allocation, allows the seasonal water assignment. The seasonal water assignment notice applying to the allocation increases the volume of water that may be taken under the allocation by the volume stated in the notice for the period stated in the notice. The assignment has effect from the day stated in the seasonal water assignment notice mentioned in subsection (3) (b) . In this section— multi-year accounting rule , for a water allocation, means a water sharing rule used to work out the volume of water that may be taken under the allocation, during a particular water year, having regard to the volume of water that was or may be taken under the allocation during other water years. s 59 amd 2017 SL No. 122 s 7 ; 2019 SL No. 1 s 6 ; 2022 SL No. 177 s 4 (sec.59-ssec.1) If the application is consistent with the seasonal water assignment rules (the relevant rules ) stated in a water management protocol applying to the relevant water plan area, the chief executive must approve the application, with or without conditions. (sec.59-ssec.2) If the application is inconsistent with the relevant rules, the chief executive must refuse the application. (sec.59-ssec.3) As soon as practicable after deciding the application, the chief executive must— give the applicant notice of the decision; and if the application is approved—give the proposed assignee a seasonal water assignment notice. (sec.59-ssec.4) The notice mentioned in subsection (3) (a) must be an information notice if, having regard to the information in the application, the chief executive could have made a different decision consistent with the relevant rules. (sec.59-ssec.5) The notice mentioned in subsection (3) (a) must include the reasons for the decision if— subsection (4) does not apply; and the decision is to— refuse the application; or approve the application— with a condition not requested in the application; or if the application requested a particular condition—without the condition. (sec.59-ssec.6) To the extent the application is approved, the applicant is not authorised to take water that is the subject of the seasonal water assignment. (sec.59-ssec.7) Subsection (8) applies if— the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment; and a water management protocol, other than a protocol that contains a multi-year accounting rule for the allocation, allows the seasonal water assignment. (sec.59-ssec.8) The seasonal water assignment notice applying to the allocation increases the volume of water that may be taken under the allocation by the volume stated in the notice for the period stated in the notice. (sec.59-ssec.9) The assignment has effect from the day stated in the seasonal water assignment notice mentioned in subsection (3) (b) . (sec.59-ssec.10) In this section— multi-year accounting rule , for a water allocation, means a water sharing rule used to work out the volume of water that may be taken under the allocation, during a particular water year, having regard to the volume of water that was or may be taken under the allocation during other water years.
The seasonal water assignment notice is subject to— the conditions to which the water allocation is subject; and if the applicant for the seasonal water assignment is the holder of a seasonal water assignment notice (the existing notice ) for the water allocation—the conditions to which the existing notice is subject; and any conditions imposed by the chief executive under section 59 (1) for the assignment. If a seasonal water assignment rule, stated in a water management protocol, allows a change to a location condition of the allocation or existing notice, subsection (1) (a) or (b) does not apply in relation to the location condition. In this section— location condition means a condition imposed on a water allocation or seasonal water assignment notice that states the location from which water may be taken under the allocation or notice. s 60 amd 2017 SL No. 122 s 8 ; 2019 SL No. 1 s 7 (sec.60-ssec.1) The seasonal water assignment notice is subject to— the conditions to which the water allocation is subject; and if the applicant for the seasonal water assignment is the holder of a seasonal water assignment notice (the existing notice ) for the water allocation—the conditions to which the existing notice is subject; and any conditions imposed by the chief executive under section 59 (1) for the assignment. (sec.60-ssec.2) If a seasonal water assignment rule, stated in a water management protocol, allows a change to a location condition of the allocation or existing notice, subsection (1) (a) or (b) does not apply in relation to the location condition. (sec.60-ssec.3) In this section— location condition means a condition imposed on a water allocation or seasonal water assignment notice that states the location from which water may be taken under the allocation or notice.
This section applies if a person is the holder of a water allocation managed under a resource operations licence. The holder of the allocation may enter into an arrangement for a seasonal water assignment in relation to the allocation if— the holder of the resource operations licence consents to the arrangement; and the water to which the allocation relates is distributed to the holder of the allocation by a distribution operations licence holder and the distribution operations licence holder consents to the arrangement. (sec.61-ssec.1) This section applies if a person is the holder of a water allocation managed under a resource operations licence. (sec.61-ssec.2) The holder of the allocation may enter into an arrangement for a seasonal water assignment in relation to the allocation if— the holder of the resource operations licence consents to the arrangement; and the water to which the allocation relates is distributed to the holder of the allocation by a distribution operations licence holder and the distribution operations licence holder consents to the arrangement.
This division prescribes, for section 158 of the Act , the water allocation dealing rules applying to the whole of the State. However, this division does not apply to the extent the relevant water management protocol provides for an alternative process for— making an application for a water allocation dealing; or deciding a water allocation dealing. (sec.62-ssec.1) This division prescribes, for section 158 of the Act , the water allocation dealing rules applying to the whole of the State. (sec.62-ssec.2) However, this division does not apply to the extent the relevant water management protocol provides for an alternative process for— making an application for a water allocation dealing; or deciding a water allocation dealing.
An application for a water allocation dealing must be— in the approved form; and accompanied by the application fee stated in schedule 12 .
This section applies if— the chief executive is satisfied the application complies with section 63 ; and the water allocation dealing rules require a notice of the application to be published. The chief executive must publish, on a Queensland Government website, a notice (a water allocation submissions notice ) that— states the application has been made; and includes the following information— where copies of the application may be inspected; that written submissions may be made by any entity about the application; the day, that is not earlier than 30 business days after the day the notice is published, by which the submissions must be made (the closing day ); the person to whom the submissions must be made. The chief executive may, by notice, require the applicant to publish a copy of the water allocation submissions notice for a stated period and in a stated way. Within 10 business days after the applicant publishes the copy of the water allocation submissions notice under subsection (3) , the applicant must give the chief executive evidence of the publication. The chief executive may— send a copy of the water allocation submissions notice to any entity the chief executive considers appropriate; and decide the application after the closing day. The application lapses if the applicant fails, without reasonable excuse, to comply with— the notice mentioned in subsection (3) ; or the requirement under subsection (4) . s 64 amd 2021 SL No. 105 s 3 sub 2025 SL No. 64 s 3 (sec.64-ssec.1) This section applies if— the chief executive is satisfied the application complies with section 63 ; and the water allocation dealing rules require a notice of the application to be published. (sec.64-ssec.2) The chief executive must publish, on a Queensland Government website, a notice (a water allocation submissions notice ) that— states the application has been made; and includes the following information— where copies of the application may be inspected; that written submissions may be made by any entity about the application; the day, that is not earlier than 30 business days after the day the notice is published, by which the submissions must be made (the closing day ); the person to whom the submissions must be made. (sec.64-ssec.3) The chief executive may, by notice, require the applicant to publish a copy of the water allocation submissions notice for a stated period and in a stated way. (sec.64-ssec.4) Within 10 business days after the applicant publishes the copy of the water allocation submissions notice under subsection (3) , the applicant must give the chief executive evidence of the publication. (sec.64-ssec.5) The chief executive may— send a copy of the water allocation submissions notice to any entity the chief executive considers appropriate; and decide the application after the closing day. (sec.64-ssec.6) The application lapses if the applicant fails, without reasonable excuse, to comply with— the notice mentioned in subsection (3) ; or the requirement under subsection (4) .
The chief executive may require— the applicant to give the chief executive additional information about the application; or any information included in the application, or any additional information required under paragraph (a) , to be verified by statutory declaration; or any submitter to give additional information about the submission. If the applicant fails, without reasonable excuse, to comply with a requirement made of the applicant under subsection (1) (a) or (b) within the reasonable time stated in the requirement, the application lapses. (sec.65-ssec.1) The chief executive may require— the applicant to give the chief executive additional information about the application; or any information included in the application, or any additional information required under paragraph (a) , to be verified by statutory declaration; or any submitter to give additional information about the submission. (sec.65-ssec.2) If the applicant fails, without reasonable excuse, to comply with a requirement made of the applicant under subsection (1) (a) or (b) within the reasonable time stated in the requirement, the application lapses.
This section applies if— a person makes an application under section 63 ; and the chief executive is satisfied there will be considerable expense in investigating the application. The chief executive must— estimate the likely cost of investigating the application; and give the person written notice of the estimated cost. The person must pay the amount of the estimated cost to the chief executive within the reasonable time stated in the notice. If the applicant fails to comply with subsection (3) , the application lapses. If the cost of investigating the application is less than the estimated cost, the chief executive must refund to the person the difference between the cost paid and the actual cost. (sec.66-ssec.1) This section applies if— a person makes an application under section 63 ; and the chief executive is satisfied there will be considerable expense in investigating the application. (sec.66-ssec.2) The chief executive must— estimate the likely cost of investigating the application; and give the person written notice of the estimated cost. (sec.66-ssec.3) The person must pay the amount of the estimated cost to the chief executive within the reasonable time stated in the notice. (sec.66-ssec.4) If the applicant fails to comply with subsection (3) , the application lapses. (sec.66-ssec.5) If the cost of investigating the application is less than the estimated cost, the chief executive must refund to the person the difference between the cost paid and the actual cost.
This section applies to an application for a water allocation dealing if neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited. The chief executive must decide the application— for a dealing that must be assessed under subdivision 4 —in accordance with that subdivision; and for a dealing that must be assessed under a water management protocol—in accordance with the criteria for the assessment stated in the protocol. In making a decision under subsection (2) , the chief executive must consider— the application; and any additional information given by the applicant under section 65 ; and any properly made submission about the application. (sec.67-ssec.1) This section applies to an application for a water allocation dealing if neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited. (sec.67-ssec.2) The chief executive must decide the application— for a dealing that must be assessed under subdivision 4 —in accordance with that subdivision; and for a dealing that must be assessed under a water management protocol—in accordance with the criteria for the assessment stated in the protocol. (sec.67-ssec.3) In making a decision under subsection (2) , the chief executive must consider— the application; and any additional information given by the applicant under section 65 ; and any properly made submission about the application.
This section applies to an application made under this division. Within 10 business days of deciding the application, the chief executive must give written notice of the decision to— the applicant; and any entity that made a properly made submission about the application. However, if the application was decided in accordance with subdivision 4 , the notice must be an information notice. (sec.68-ssec.1) This section applies to an application made under this division. (sec.68-ssec.2) Within 10 business days of deciding the application, the chief executive must give written notice of the decision to— the applicant; and any entity that made a properly made submission about the application. (sec.68-ssec.3) However, if the application was decided in accordance with subdivision 4 , the notice must be an information notice.
An amalgamation of 2 or more water allocations into a single water allocation is permitted if— for each allocation being amalgamated, the ratio between the nominal volume of the allocation and each other attribute of the allocation is the same as the ratio between the nominal volume of each other allocation being amalgamated and each attribute of that other allocation; and If water allocation A has a nominal volume of 1 and a volumetric limit of 2, it may be amalgamated with water allocation B which has a nominal volume of 2 and a volumetric limit of 4, but not with water allocation C which has a nominal volume of 2 and a volumetric limit of 3. the allocations being amalgamated have the same conditions; and the amalgamation results in an allocation— for which the ratio between the nominal volume of the allocation and each other attribute of the allocation is the same as the ratio between the nominal volume of each allocation being amalgamated and each attribute of that allocation; and that has the same conditions as the allocations being amalgamated. See section 143 of the Act for the attributes and conditions of water allocations.
A subdivision of a water allocation is permitted if— the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided; and each attribute of the water allocation being subdivided is subdivided in proportion to the nominal volume of each resulting water allocation; and each resulting water allocation states the same conditions as the water allocation being subdivided.
The main purpose of this subdivision is to state types of water allocation dealings that must be assessed and the criteria against which they must be assessed.
This section applies to an application for a water allocation dealing if— neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited (an other dealing ); and a water management protocol does not state that the dealing is of a type that must be assessed under the protocol. A notice of the application must be published under section 64 . The water allocation dealing must be assessed under section 73 . s 72 amd 2025 SL No. 64 s 4 (sec.72-ssec.1) This section applies to an application for a water allocation dealing if— neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited (an other dealing ); and a water management protocol does not state that the dealing is of a type that must be assessed under the protocol. (sec.72-ssec.2) A notice of the application must be published under section 64 . (sec.72-ssec.3) The water allocation dealing must be assessed under section 73 .
Subsection (2) applies if the chief executive is satisfied the application is for a water allocation dealing that— is compatible with the objectives of the relevant water plan; and is in the public interest; and will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and for a water allocation managed under a resource operations licence, does not— increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; and for a water allocation not managed under a resource operations licence, does not— change the nominal volume for the water allocation; or increase the water allocation’s share of the water available to be taken under the water allocations in all water allocation groups mentioned in the relevant water plan area. The chief executive must approve the application, with or without conditions. If the chief executive is not satisfied as mentioned in subsection (1) , the chief executive must refuse the application. (sec.73-ssec.1) Subsection (2) applies if the chief executive is satisfied the application is for a water allocation dealing that— is compatible with the objectives of the relevant water plan; and is in the public interest; and will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and for a water allocation managed under a resource operations licence, does not— increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; and for a water allocation not managed under a resource operations licence, does not— change the nominal volume for the water allocation; or increase the water allocation’s share of the water available to be taken under the water allocations in all water allocation groups mentioned in the relevant water plan area. (sec.73-ssec.2) The chief executive must approve the application, with or without conditions. (sec.73-ssec.3) If the chief executive is not satisfied as mentioned in subsection (1) , the chief executive must refuse the application.
For section 152 (1) (g) of the Act , this section applies if the water sharing rules for a water allocation managed under a resource operations licence are stated to be continuous sharing rules in the resource operations licence. The entry on the water allocations register for the allocation must state the nominal location for the allocation. In this section— nominal location , for a water allocation, means the location from which water may be taken on the day the continuous sharing rules first apply to the water allocation. (sec.74-ssec.1) For section 152 (1) (g) of the Act , this section applies if the water sharing rules for a water allocation managed under a resource operations licence are stated to be continuous sharing rules in the resource operations licence. (sec.74-ssec.2) The entry on the water allocations register for the allocation must state the nominal location for the allocation. (sec.74-ssec.3) In this section— nominal location , for a water allocation, means the location from which water may be taken on the day the continuous sharing rules first apply to the water allocation.
s 75 om 2021 Act No. 12 s 148 sch 3
s 76 om 2021 Act No. 12 s 148 sch 3
In this division— bulk water supply system means the infrastructure for supplying water to bulk water customers in the SEQ region, including— Baroon Pocket Dam, Cooloolabin Dam, Ewan Maddock Dam, Hinze Dam, Lake Kurwongbah, Lake McDonald, Leslie Harrison Dam, Little Nerang Dam, North Pine Dam, Somerset Dam, Wappa Dam and Wivenhoe Dam; and the Western Corridor Recycled Water Scheme, and the South East Queensland (Gold Coast) Desalination Facility; and the main connecting pipelines (the Northern Pipeline Inter-connector, Southern Regional Water Pipeline and Eastern Pipeline Inter-connector). minimum operating level , of a dam, means the minimum operating level of the dam stated on the resource operations licence relating to the dam. non-residential water use is water use that is not residential water use. water use in industry, power stations or for a business purpose residential water use is water use at a residence or for other domestic purposes. watering a garden at a residence SEQ water security program means the bulk water supply authority’s water security program for the SEQ region, under section 350 of the Act .
For section 344 (1) (a) of the Act , this subdivision prescribes the desired level of service objectives for water security for the SEQ region. s 78 amd 2022 SL No. 7 s 3
The bulk water supply system is to be able to supply enough water to meet the projected regional average urban demand. The bulk water supply authority must— work out the projected regional average urban demand in collaboration with the SEQ service providers, and publicly publish the projection in the way stated in the SEQ water security program; and assess annually whether the projected regional average urban demand or latest projected regional average urban demand is still current, and publicly publish the outcome of the assessment in the way stated in the SEQ water security program. In this section— projected regional average urban demand means the demand, expressed in litres for each person for each day, for residential and non-residential water use that is estimated for the SEQ region for each year over the next 30 years. (sec.79-ssec.1) The bulk water supply system is to be able to supply enough water to meet the projected regional average urban demand. (sec.79-ssec.2) The bulk water supply authority must— work out the projected regional average urban demand in collaboration with the SEQ service providers, and publicly publish the projection in the way stated in the SEQ water security program; and assess annually whether the projected regional average urban demand or latest projected regional average urban demand is still current, and publicly publish the outcome of the assessment in the way stated in the SEQ water security program. (sec.79-ssec.3) In this section— projected regional average urban demand means the demand, expressed in litres for each person for each day, for residential and non-residential water use that is estimated for the SEQ region for each year over the next 30 years.
The bulk water supply system is to be able to supply enough water so that medium level water restrictions on residential water use— will not happen more than once every 10 years on average; and will not restrict the average water use for the SEQ region to less than 140L for each person for each day. The bulk water supply system is to be able to supply enough water so that medium level water restrictions on non-residential water use that is incidental to the purpose of a business will not happen more than once every 10 years on average. watering a garden in the grounds of a factory The bulk water supply system is to be able to supply enough water so that medium level water restrictions or more severe water restrictions last no longer than 5% of the modelled time. In this section— drought response level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking action in response to drought. reducing the supply of water from the bulk water supply system medium level water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is between— the drought response level; and the safe minimum storage level. modelled time means the total time simulated in the stochastic model. more severe water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is below the safe minimum storage level. safe minimum storage level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels. stochastic model means the model known as the Regional Stochastic Model used by the bulk water supply authority to model long-term water security. s 80 amd 2022 SL No. 7 s 4 (sec.80-ssec.1) The bulk water supply system is to be able to supply enough water so that medium level water restrictions on residential water use— will not happen more than once every 10 years on average; and will not restrict the average water use for the SEQ region to less than 140L for each person for each day. (sec.80-ssec.2) The bulk water supply system is to be able to supply enough water so that medium level water restrictions on non-residential water use that is incidental to the purpose of a business will not happen more than once every 10 years on average. watering a garden in the grounds of a factory (sec.80-ssec.3) The bulk water supply system is to be able to supply enough water so that medium level water restrictions or more severe water restrictions last no longer than 5% of the modelled time. (sec.80-ssec.4) In this section— drought response level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking action in response to drought. reducing the supply of water from the bulk water supply system medium level water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is between— the drought response level; and the safe minimum storage level. modelled time means the total time simulated in the stochastic model. more severe water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is below the safe minimum storage level. safe minimum storage level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels. stochastic model means the model known as the Regional Stochastic Model used by the bulk water supply authority to model long-term water security.
Each of the following dams will not reach its minimum operating level more than once in every 10,000 years on average— Baroon Pocket Dam; Hinze Dam; Wivenhoe Dam. The bulk water supply system— will be able to supply the essential minimum supply volume; and will not be reduced to being able to supply only the essential minimum supply volume more than once in every 10,000 years on average. In this section— essential minimum supply volume means the volume needed to supply an average of 100L for each person for each day for residential and non-residential water use. (sec.81-ssec.1) Each of the following dams will not reach its minimum operating level more than once in every 10,000 years on average— Baroon Pocket Dam; Hinze Dam; Wivenhoe Dam. (sec.81-ssec.2) The bulk water supply system— will be able to supply the essential minimum supply volume; and will not be reduced to being able to supply only the essential minimum supply volume more than once in every 10,000 years on average. (sec.81-ssec.3) In this section— essential minimum supply volume means the volume needed to supply an average of 100L for each person for each day for residential and non-residential water use.
The following matters are prescribed for section 353 (1) (f) of the Act — the process the bulk water supply authority will use to work out the projected regional average urban demand including, for example, the authority’s key assumptions and methodology; deciding the level in the bulk water supply system that is the trigger for taking action in response to drought; reducing the supply of water from the bulk water supply system deciding the level in the bulk water supply system that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels.
For section 360C of the Act , definition bulk water customer , paragraph (b) , the following entities declared to be bulk water customers under the repealed regulation continue to be bulk water customers for chapter 2A , part 3 of the Act — Toowoomba Regional Council; Stanwell Corporation Limited ABN 370 788 486 74. Also, for section 360C of the Act , definition bulk water customer , paragraph (b) , each of the following entities is declared to be a bulk water customer for chapter 2A , part 3 of the Act — CleanCo Queensland Limited ACN 628 008 159; Seqwater; Southern Downs Regional Council. s 83 amd 2019 SL No. 204 s 20 ; 2020 SL No. 33 s 3 ; 2023 SL No. 173 s 4 (sec.83-ssec.1) For section 360C of the Act , definition bulk water customer , paragraph (b) , the following entities declared to be bulk water customers under the repealed regulation continue to be bulk water customers for chapter 2A , part 3 of the Act — Toowoomba Regional Council; Stanwell Corporation Limited ABN 370 788 486 74. (sec.83-ssec.2) Also, for section 360C of the Act , definition bulk water customer , paragraph (b) , each of the following entities is declared to be a bulk water customer for chapter 2A , part 3 of the Act — CleanCo Queensland Limited ACN 628 008 159; Seqwater; Southern Downs Regional Council.
For section 360C of the Act , definition SEQ bulk supplier , paragraph (b) , the Central SEQ Distributor-Retailer Authority, established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 8 , is declared to be an SEQ bulk supplier for chapter 2A , part 3 of the Act . s 83A ins 2020 SL No. 33 s 4
This part provides for— an annual levy under section 479 of the Act ; and the apportionment to resource tenure holders of the total annual levy payable by all resource tenure holders. s 84 sub 2019 SL No. 242 s 3
In this part— class ... s 85 def class om 2019 SL No. 242 s 4 (1) class A tenure see section 87A (1) . s 85 def class A tenure ins 2019 SL No. 242 s 4 (2) class B tenure see section 87A (2) . s 85 def class B tenure ins 2019 SL No. 242 s 4 (2) class C tenure see section 87A (3) . s 85 def class C tenure ins 2019 SL No. 242 s 4 (2) levyable mining tenure see section 87A (4) . s 85 def levyable mining tenure ins 2019 SL No. 242 s 4 (2) office income statement , for a financial year, means the office’s income statement for the financial year, contained in the document called ‘Service Delivery Statement’ prepared by the department in which chapter 3A of the Act is administered and published in the State budget for the financial year. A copy of the Service Delivery Statement is available at www.budget.qld.gov.au. office’s estimated costs means the office’s estimated costs under section 479 (4) (a) of the Act . office’s estimated mining costs see section 88A (b) . s 85 def office’s estimated mining costs ins 2019 SL No. 242 s 4 (2) office’s estimated petroleum costs see section 88A (a) . s 85 def office’s estimated petroleum costs ins 2019 SL No. 242 s 4 (2) relevant date , for a financial year, means 1 July of the financial year. relevant sub-block see section 87 (1) . resource project see the Environmental Protection Act 1994 , section 112 . s 85 def resource project ins 2019 SL No. 242 s 4 (2) sub-block see the Petroleum and Gas Act , section 29 (2) .
The office’s estimated costs for a financial year must be stated in the office income statement for the financial year.
A sub-block is a relevant sub-block if— either— the sub-block is within a cumulative management area; or the sub-block is outside a cumulative management area and the office performs functions under the Act for the sub-block; and either— the sub-block is in the area of a petroleum lease; or the sub-block is in an area that is— in the area of an authority to prospect, or an area to which an application for an authority to prospect applies; and in which gas field development is being, or is proposed to be, carried out. For this part, relevant sub-blocks are divided into the following classes— relevant sub-blocks outside the cumulative management area; relevant sub-blocks within the cumulative management area that are used, or intended to be used, for conventional petroleum or gas production; relevant sub-blocks within the cumulative management area that are used, or intended to be used, for coal seam gas production. In this section— authority to prospect means an authority to prospect under the Petroleum and Gas Act or the Petroleum Act 1923 . coal seam gas production has the same meaning it has under the Petroleum and Gas Act . conventional petroleum or gas production means petroleum production, or gas production, that is not coal seam gas production. gas field development means the development of an area for coal seam gas production, or conventional petroleum or gas production, for which the EIS process has been completed under the Environmental Protection Act 1994 . See the Environmental Protection Act 1994 , section 60 for when the EIS process is completed for a project. petroleum lease means a petroleum lease under the Petroleum and Gas Act or the Petroleum Act 1923 . s 87 amd 2019 SL No. 242 s 5 (sec.87-ssec.1) A sub-block is a relevant sub-block if— either— the sub-block is within a cumulative management area; or the sub-block is outside a cumulative management area and the office performs functions under the Act for the sub-block; and either— the sub-block is in the area of a petroleum lease; or the sub-block is in an area that is— in the area of an authority to prospect, or an area to which an application for an authority to prospect applies; and in which gas field development is being, or is proposed to be, carried out. (sec.87-ssec.2) For this part, relevant sub-blocks are divided into the following classes— relevant sub-blocks outside the cumulative management area; relevant sub-blocks within the cumulative management area that are used, or intended to be used, for conventional petroleum or gas production; relevant sub-blocks within the cumulative management area that are used, or intended to be used, for coal seam gas production. (sec.87-ssec.3) In this section— authority to prospect means an authority to prospect under the Petroleum and Gas Act or the Petroleum Act 1923 . coal seam gas production has the same meaning it has under the Petroleum and Gas Act . conventional petroleum or gas production means petroleum production, or gas production, that is not coal seam gas production. gas field development means the development of an area for coal seam gas production, or conventional petroleum or gas production, for which the EIS process has been completed under the Environmental Protection Act 1994 . See the Environmental Protection Act 1994 , section 60 for when the EIS process is completed for a project. petroleum lease means a petroleum lease under the Petroleum and Gas Act or the Petroleum Act 1923 .
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This regulation may be cited as the Water Regulation 2016 .
This regulation commences on the commencement of the Water Reform and Other Legislation Amendment Act 2014 , section 68 .
The dictionary in schedule 19 defines particular words used in this regulation.
The purpose of this division is to support the application of the provisions of the Act relating to the identification of watercourses and establishing the location of outer banks of watercourses.
If a term used in this division is defined in chapter 1 , part 2 of the Act , or in schedule 4 of the Act to the extent it supports the operation of chapter 1 , part 2 of the Act , the term has the same meaning in this division and in schedule 1 . However, a reference to a watercourse is not intended to be limited in the way provided for in section 5 (4) of the Act . (sec.5-ssec.1) If a term used in this division is defined in chapter 1 , part 2 of the Act , or in schedule 4 of the Act to the extent it supports the operation of chapter 1 , part 2 of the Act , the term has the same meaning in this division and in schedule 1 . (sec.5-ssec.2) However, a reference to a watercourse is not intended to be limited in the way provided for in section 5 (4) of the Act .
Diagram A in schedule 1 , part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.
Schedule 1 , part 2 — gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and includes a diagram (diagram B) in cross-section form that depicts the natural features that are likely to be found in a typical upper valley reach; and includes a diagram (diagram C) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in an upper valley reach and that can help in locating outer banks.
Who it affects
**Why it matters (practical effects, incentives and administrative consequences)
Measurement and compliance. The regulation converts a high‑level legal duty to measure water into a technical, recurring compliance regime: required devices, certification by accredited or appointed persons, five‑year recertification cycles, record retention and penalties for non‑compliance (part 11: s.108–121, s.110, s.114). Who pays: licence holders (cost of meters, installation, certification, data reporting). Who decides: the chief executive sets standards, approves forms and may require rectification (s.108, s.118, s.121B–121C). Behaviour changes: more investment in meters/telemetry, engagement of accredited validators, changes in operational practice to avoid offences.
Allocation and market mechanisms. The regulation prescribes how unallocated water can be released (auction/tender/fixed price/grant) and the content of public notices and sale terms (s.16–19). That creates a State‑managed mechanism to convert unallocated water into entitlements. Who benefits: purchasers or grantees; who bears costs: bidders, potential competitors and those who must monitor auctions/tenders. The State gains discretion to set terms and prices (s.18). The regulation also sets rules for seasonal assignments and trading (s.57–61), relocation of licences (s.32–38), and dealing assessments (s.62–73) — all of which shape water trading and the spatial distribution of rights.
Administrative discretion and timeframes. The chief executive and the Minister hold significant decision powers: deciding announced entitlements each water year (the percentage of nominal entitlements) using a list of technical factors (s.29), determining whether to require public consultation when reserving unallocated water (s.15), deciding terms of sale and withdrawing sales (s.18, s.21), and issuing notices about faulty meters or requiring re‑inspection (s.117–118, s.121C). Timeframes are specified for decisions and notices (for example, 30 business days for certain relocation decisions (s.36), 10 business days for giving decision notices (s.68)). These create predictable administrative deadlines but also concentrated points of discretion.
Cost allocation across sectors. The underground‑water levy mechanism apportions the total levy to petroleum and mining tenure holders by formulae (classes of sub‑blocks, hectares, projects) (pt.7: s.87, s.87A, s.88–90B). That converts the office's estimated costs into identifiable charges against resource tenure holders. Incentive: resource tenure holders bear monitoring/management costs; trade‑offs: administrative complexity versus a cost‑recovery model for regulatory oversight.
Implementation risks and compliance burden. The regulation is operationally heavy: numerous named documents, published codes, schedules and interactive maps are referenced (e.g. measurement standards and accepted development documents — s.99, s.127). Implementation depends on accredited validators, telemetry vendors and departmental processes for notices and public registers. The potential risks are delays in certification, disputes about validator competence, and transitional frictions (the regulation contains many transitional provisions to deal with legacy meters and prior validator systems, e.g. s.151–166).
**Trade‑offs and distributional effects (source‑grounded)
Key sections to look at first if you are affected
(Throughout the summary above I have identified the principal sections that set the mechanics and the lines of decision‑making: see the cited sections in brackets — e.g. measurement requirements: s.103–121; levies and apportionment: s.84–90B; unallocated water release and sale: s.14–21; licence relocation: s.32–38; SEQ security: s.77–82.)
Schedule 1 , part 3 — gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and includes a diagram (diagram D) in cross-section form that depicts the natural features that are likely to be found in a typical middle valley reach; and includes a diagram (diagram E) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a middle valley reach and that can help in locating outer banks.
Schedule 1 , part 4 — gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks. Schedule 1 , part 4 also includes— a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment. (sec.9-ssec.1) Schedule 1 , part 4 — gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks. (sec.9-ssec.2) Schedule 1 , part 4 also includes— a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment.
For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1 , parts 2 , 3 and 4 . The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section. Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located. (sec.10-ssec.1) For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1 , parts 2 , 3 and 4 . The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section. (sec.10-ssec.2) Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located.
Schedule 1 includes a number of references to valley margins. A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor. A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole. A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge. (sec.11-ssec.1) Schedule 1 includes a number of references to valley margins. (sec.11-ssec.2) A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor. (sec.11-ssec.3) A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole. A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge.
Schedule 1 includes a number of references to terraces. A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse. A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse. (sec.12-ssec.1) Schedule 1 includes a number of references to terraces. (sec.12-ssec.2) A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse. (sec.12-ssec.3) A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.
For section 36 (3) (b) of the Act , a chief executive’s notice must state the following matters— the land to which the notice applies; the type of works required to be notified by the owner, including the purpose and size of the works; which 1 or more of the following the notice relates to— existing works; works under construction; on their completion, works constructed in the future; an expiry date of the notice; the proposed consultation arrangements for the notice.
For section 39 (a) of the Act , unallocated water, that is described in schedule 2 , is reserved for a part of the State or for particular water to which no water plan applies.
If the Minister proposes to reserve unallocated water, the Minister may decide whether public consultation on the proposal is required. If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating— the location of the unallocated water; and the type of water to be reserved; and the purpose for which the water is to be reserved; and the volume of water to be reserved; and the proposed consultation arrangements; and where information about the proposed unallocated water reserve is available for public access. (sec.15-ssec.1) If the Minister proposes to reserve unallocated water, the Minister may decide whether public consultation on the proposal is required. (sec.15-ssec.2) If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating— the location of the unallocated water; and the type of water to be reserved; and the purpose for which the water is to be reserved; and the volume of water to be reserved; and the proposed consultation arrangements; and where information about the proposed unallocated water reserve is available for public access.
This subdivision prescribes, for sections 39 (b) and 40 (2) of the Act , the processes for releasing unallocated water by— public auction; or tender; or fixed price sale; or grant for a particular purpose. s 16 amd 2023 SL No. 173 s 3
This is an opening excerpt, not the complete document.