The Water Resource (Whitsunday) Plan 2010 sets how surface water and groundwater in the plan area are allocated and managed: it prescribes measurable environmental flow and allocation-security objectives (schedules 4–5), performance indicators, simulation-based assessment (IQQM) and detailed rules for converting existing authorisations into water allocations or licences. It affects licence-holders, landowners and infrastructure operators by defining who may take water, technical limits (rates, daily/annual volumes), transitional rights and the chief executive's administrative discretions that determine implementation.
This instrument sets objectives, numeric performance indicators, allocation rules and administrative processes for surface water and groundwater within the plan area. Mechanically, it:
Applies the chapter’s provisions to surface water other than overland flow (s 15) and applies parts to both surface water and groundwater where stated (s 20, s 71). It distinguishes supplemented water (managed via infrastructure and resource/distribution licences) and unsupplemented water (taken directly from streams, waterholes, bed-sand or aquifers) and sets separate strategies for each (Pt 5).
States environmental flow objectives by reference to schedule 4 (s 16) and prescribes the performance indicators to be used to assess compliance with those objectives (s 17; sch 4). The performance indicators include a range of low-flow metrics (50%, 80%, 90% non-zero daily flow, daily flow volume, seasonal percentages, and counts of no-flow periods) and medium-high flow metrics (mean/median annual flow, multiple-year flow volumes, and annual proportional flow deviation).
States water allocation security objectives by reference to schedule 5 (s 18) and defines performance indicators for security of supplemented and unsupplemented allocations (s 19; sch 5). For supplemented water the instrument uses “supplemented water sharing index” thresholds by priority group; for unsupplemented water it prescribes 30%, 50% and 70% sharing index targets and an annual volume probability (s 19; sch 5).
Directs the chief executive to consider explicit ecological, hydrological, cultural and socio‑economic matters when devising environmental management rules, infrastructure operating rules, water sharing rules and processes for unallocated water (ss 22, 23, 33, 39). Those considerations include longitudinal and lateral connectivity, wetted habitats, groundwater contributions, sediment and nutrient movement, inundation of habitats, fish movement, recreation and cultural values (s 22(1)).
Current sections
Direct links to the current provisions in Water Resource (Whitsunday) Plan 2010.
92
ch.4-pt.1
Preliminary
Preliminary
sec.15
Application of ch 4
sec.15 Application of ch 4
This chapter applies to surface water, other than overland flow water, in the plan area.
ch.4-pt.2
Environmental flow objectives
Environmental flow objectives
sec.16
Environmental flow objectives
sec.16 Environmental flow objectives
The environmental flow objectives are stated in schedule 4 .
sec.17
Performance indicators for environmental flow objectives
sec.17 Performance indicators for environmental flow objectives
The performance indicators for the environmental flow objectives are—
for assessing periods of low flow at the nodes mentioned in schedule 4 , part 1 —
50% non-zero daily flow; and
80% non-zero daily flow; and
90% non-zero daily flow; and
daily flow volume; and
80% non-zero daily flow in a water flow season; and
a period of no flow of at least 30 consecutive days; and
a period of no flow of at least 90 consecutive days; and
for assessing periods of medium to high flow at the nodes mentioned in schedule 4 , part 2 —
mean annual flow; and
median annual flow; and
1.5 year daily flow volume; and
5 year daily flow volume; and
20 year daily flow volume; and
annual proportional flow deviation.
(a) for assessing periods of low flow at the nodes mentioned in schedule 4 , part 1 — (i) 50% non-zero daily flow; and (ii) 80% non-zero daily flow; and (iii) 90% non-zero daily flow; and (iv) daily flow volume; and (v) 80% non-zero daily flow in a water flow season; and (vi) a period of no flow of at least 30 consecutive days; and (vii) a period of no flow of at least 90 consecutive days; and
(i) 50% non-zero daily flow; and
(ii) 80% non-zero daily flow; and
(iii) 90% non-zero daily flow; and
(iv) daily flow volume; and
(v) 80% non-zero daily flow in a water flow season; and
(vi) a period of no flow of at least 30 consecutive days; and
(vii) a period of no flow of at least 90 consecutive days; and
(b) for assessing periods of medium to high flow at the nodes mentioned in schedule 4 , part 2 — (i) mean annual flow; and (ii) median annual flow; and (iii) 1.5 year daily flow volume; and (iv) 5 year daily flow volume; and (v) 20 year daily flow volume; and (vi) annual proportional flow deviation.
(i) mean annual flow; and
(ii) median annual flow; and
(iii) 1.5 year daily flow volume; and
(iv) 5 year daily flow volume; and
(v) 20 year daily flow volume; and
(vi) annual proportional flow deviation.
(i) 50% non-zero daily flow; and
(ii) 80% non-zero daily flow; and
(iii) 90% non-zero daily flow; and
(iv) daily flow volume; and
(v) 80% non-zero daily flow in a water flow season; and
(vi) a period of no flow of at least 30 consecutive days; and
(vii) a period of no flow of at least 90 consecutive days; and
(i) mean annual flow; and
(ii) median annual flow; and
(iii) 1.5 year daily flow volume; and
(iv) 5 year daily flow volume; and
(v) 20 year daily flow volume; and
(vi) annual proportional flow deviation.
ch.4-pt.3
Water allocation security objectives
Water allocation security objectives
sec.18
Water allocation security objectives
sec.18 Water allocation security objectives
The water allocation security objectives for this plan are stated in—
for water allocations to take supplemented water— schedule 5 , part 1 ; and
for water allocations to take unsupplemented water— schedule 5 , part 2 .
(a) for water allocations to take supplemented water— schedule 5 , part 1 ; and
(b) for water allocations to take unsupplemented water— schedule 5 , part 2 .
sec.19
Performance indicators for water allocation security objectives
sec.19 Performance indicators for water allocation security objectives
The performance indicators for the water allocation security objectives for taking supplemented water are—
for priority groups A and A1—
annual supplemented water sharing index; and
monthly supplemented water sharing index; and
for priority group A2—
90% annual supplemented water sharing index; and
90% monthly supplemented water sharing index; and
for priority group A3—
75% annual supplemented water sharing index; and
75% monthly supplemented water sharing index.
The performance indicators for the water allocation security objectives for taking unsupplemented water are—
30% unsupplemented water sharing index; and
50% unsupplemented water sharing index; and
70% unsupplemented water sharing index; and
annual volume probability.
(sec.19-ssec.1) The performance indicators for the water allocation security objectives for taking supplemented water are— for priority groups A and A1— annual supplemented water sharing index; and monthly supplemented water sharing index; and for priority group A2— 90% annual supplemented water sharing index; and 90% monthly supplemented water sharing index; and for priority group A3— 75% annual supplemented water sharing index; and 75% monthly supplemented water sharing index.
(sec.19-ssec.2) The performance indicators for the water allocation security objectives for taking unsupplemented water are— 30% unsupplemented water sharing index; and 50% unsupplemented water sharing index; and 70% unsupplemented water sharing index; and annual volume probability.
(a) for priority groups A and A1— (i) annual supplemented water sharing index; and (ii) monthly supplemented water sharing index; and
(i) annual supplemented water sharing index; and
(ii) monthly supplemented water sharing index; and
(b) for priority group A2— (i) 90% annual supplemented water sharing index; and (ii) 90% monthly supplemented water sharing index; and
(i) 90% annual supplemented water sharing index; and
(ii) 90% monthly supplemented water sharing index; and
(c) for priority group A3— (i) 75% annual supplemented water sharing index; and (ii) 75% monthly supplemented water sharing index.
(i) 75% annual supplemented water sharing index; and
(ii) 75% monthly supplemented water sharing index.
(i) annual supplemented water sharing index; and
(ii) monthly supplemented water sharing index; and
(i) 90% annual supplemented water sharing index; and
(ii) 90% monthly supplemented water sharing index; and
(i) 75% annual supplemented water sharing index; and
(ii) 75% monthly supplemented water sharing index.
(a) 30% unsupplemented water sharing index; and
(b) 50% unsupplemented water sharing index; and
(c) 70% unsupplemented water sharing index; and
(d) annual volume probability.
ch.5-pt.1
Strategies for both surface water and groundwater
Strategies for both surface water and groundwater
ch.5-pt.1-div.1
General provisions
General provisions
sec.20
Application of pt 1
sec.20 Application of pt 1
This part applies to both surface water and groundwater.
sec.21
Section sec.21
s 21 om 2014 SL No. 142 s 238
sec.22
Matters to be considered for environmental management rules
sec.22 Matters to be considered for environmental management rules
In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider—
the streamflows required to maintain the following—
the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
the wetted habitats at riffles and other streambed features;
the natural seasonality of flows and zero flows;
the replenishment of refuge pools that enable movement of instream biota;
groundwater flows;
the contributions from aquifers to the flow of water in watercourses;
the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
the impact the taking of, or proposed taking of, or interfering with, water may have on the following—
water quality;
the natural movement of sediment and nutrients;
the inundation of habitats;
the movement of fish and other aquatic animals;
the recreation and aesthetic values of the plan area;
cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.22-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment and nutrients; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(sec.22-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment and nutrients; (iii) the inundation of habitats; (iv) the movement of fish and other aquatic animals; (v) the recreation and aesthetic values of the plan area; (vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) water quality;
(ii) the natural movement of sediment and nutrients;
(iii) the inundation of habitats;
(iv) the movement of fish and other aquatic animals;
(v) the recreation and aesthetic values of the plan area;
(vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) water quality;
(ii) the natural movement of sediment and nutrients;
(iii) the inundation of habitats;
(iv) the movement of fish and other aquatic animals;
(v) the recreation and aesthetic values of the plan area;
(vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
sec.23
Matters to be considered for water sharing rules
sec.23 Matters to be considered for water sharing rules
In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive is to consider—
for rules relating to supplemented water—
any existing water sharing rules; and
the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
for rules relating to unsupplemented water or groundwater—
any existing water sharing arrangements; and
the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and
the conditions for taking water decided under section 58 ; and
the daily volumetric limits decided under section 64 ; and
the nominal entitlements decided under section 65 ; and
the impact of the rules on authorisations to take water in the plan area.
Subsection (1) does not limit the matters the chief executive may consider.
In this section—
existing water sharing rules means water sharing rules in force on the plan notification day.
existing water supply arrangements means water supply arrangements in place on the plan notification day.
(sec.23-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive is to consider— for rules relating to supplemented water— any existing water sharing rules; and the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and for rules relating to unsupplemented water or groundwater— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and the conditions for taking water decided under section 58 ; and the daily volumetric limits decided under section 64 ; and the nominal entitlements decided under section 65 ; and the impact of the rules on authorisations to take water in the plan area.
(sec.23-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(sec.23-ssec.3) In this section— existing water sharing rules means water sharing rules in force on the plan notification day. existing water supply arrangements means water supply arrangements in place on the plan notification day.
(a) for rules relating to supplemented water— (i) any existing water sharing rules; and (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
(i) any existing water sharing rules; and
(ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
(b) for rules relating to unsupplemented water or groundwater— (i) any existing water sharing arrangements; and (ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and (iii) the conditions for taking water decided under section 58 ; and (iv) the daily volumetric limits decided under section 64 ; and (v) the nominal entitlements decided under section 65 ; and (vi) the impact of the rules on authorisations to take water in the plan area.
(i) any existing water sharing arrangements; and
(ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and
(iii) the conditions for taking water decided under section 58 ; and
(iv) the daily volumetric limits decided under section 64 ; and
(v) the nominal entitlements decided under section 65 ; and
(vi) the impact of the rules on authorisations to take water in the plan area.
(i) any existing water sharing rules; and
(ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
(i) any existing water sharing arrangements; and
(ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and
(iii) the conditions for taking water decided under section 58 ; and
(iv) the daily volumetric limits decided under section 64 ; and
(v) the nominal entitlements decided under section 65 ; and
(vi) the impact of the rules on authorisations to take water in the plan area.
ch.5-pt.1-div.2
sec.24
Section sec.24
s 24 om 2014 SL No. 142 s 239
ch.5-pt.1-div.3
Unallocated water
Unallocated water
sec.25
Application of div 3
sec.25 Application of div 3
This division applies to unallocated water.
sec.26
Section sec.26
s 26 om 2014 SL No. 142 s 240
sec.27
Unallocated water held as general reserve or strategic reserve
sec.27 Unallocated water held as general reserve or strategic reserve
Unallocated water is held as a general reserve ( general unallocated water ) or strategic reserve ( strategic unallocated water ) and dealt with under this division.
sec.28
Purposes for which unallocated water may be granted
sec.28 Purposes for which unallocated water may be granted
General unallocated water may be granted for any purpose.
Strategic unallocated water may be granted only if it is to be taken for a State purpose.
(sec.28-ssec.1) General unallocated water may be granted for any purpose.
(sec.28-ssec.2) Strategic unallocated water may be granted only if it is to be taken for a State purpose.
sec.29
Total volume of unallocated water
sec.29 Total volume of unallocated water
The total of the nominal entitlements for all water licences and annual volumetric limits for all water allocations for taking—
general unallocated water from a subcatchment area mentioned in schedule 6 , part 1 , column 1, is stated in the schedule , part 1 , column 2, opposite the subcatchment area; and
strategic unallocated water from a subcatchment area mentioned in schedule 6 , part 2 , column 1, is stated in the schedule , part 2 , column 2, opposite the subcatchment area.
(a) general unallocated water from a subcatchment area mentioned in schedule 6 , part 1 , column 1, is stated in the schedule , part 1 , column 2, opposite the subcatchment area; and
(b) strategic unallocated water from a subcatchment area mentioned in schedule 6 , part 2 , column 1, is stated in the schedule , part 2 , column 2, opposite the subcatchment area.
sec.30
Period for which strategic unallocated water is granted for particular State purpose
sec.30 Period for which strategic unallocated water is granted for particular State purpose
This section applies to water licences for taking strategic unallocated water for either of the following State purposes—
a project of State significance;
a project of regional significance.
Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.
(sec.30-ssec.1) This section applies to water licences for taking strategic unallocated water for either of the following State purposes— a project of State significance; a project of regional significance.
(sec.30-ssec.2) Water granted for a project is granted only for the life of the project and the right to take the water returns to the State on the conclusion of the project.
(a) a project of State significance;
(b) a project of regional significance.
sec.31
Projects that may be considered to be of regional significance
sec.31 Projects that may be considered to be of regional significance
The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area, having regard to the following—
the outcomes under chapter 3 ;
the economic or social impact the project will have on the region;
the public interest and the welfare of people in the region;
any other relevant consideration.
(a) the outcomes under chapter 3 ;
(b) the economic or social impact the project will have on the region;
(c) the public interest and the welfare of people in the region;
(d) any other relevant consideration.
sec.32
Flow conditions for general unallocated water
sec.32 Flow conditions for general unallocated water
This section applies to a water entitlement granted—
to take groundwater; or
to take surface water from a watercourse, lake or spring, other than to take for stock or domestic purposes.
General unallocated water may be granted only with a flow condition that prevents the taking of water that is required to maintain the following—
the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
the wetted habitats at riffles and other streambed features;
the natural seasonality of flows and zero flows;
the replenishment of refuge pools that enable movement of instream biota;
groundwater flows;
the contributions from aquifers to the flow of water in watercourses;
the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains.
(sec.32-ssec.1) This section applies to a water entitlement granted— to take groundwater; or to take surface water from a watercourse, lake or spring, other than to take for stock or domestic purposes.
(sec.32-ssec.2) General unallocated water may be granted only with a flow condition that prevents the taking of water that is required to maintain the following— the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains.
(a) to take groundwater; or
(b) to take surface water from a watercourse, lake or spring, other than to take for stock or domestic purposes.
(a) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
(b) the wetted habitats at riffles and other streambed features;
(c) the natural seasonality of flows and zero flows;
(d) the replenishment of refuge pools that enable movement of instream biota;
(e) groundwater flows;
(f) the contributions from aquifers to the flow of water in watercourses;
(g) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains.
sec.33
Preparing and implementing process under the resource operations plan generally
sec.33 Preparing and implementing process under the resource operations plan generally
Unallocated water is dealt with under a process stated in the resource operations plan.
In preparing and implementing the process, the chief executive is to consider the following—
the purpose for which the water is required;
the efficiency of existing and proposed water use practices;
the extent to which water is being taken under existing authorisations in the plan area;
the availability of an alternative water supply for the purpose for which the water is required;
the impact the proposed taking of, or interfering with, the water may have on existing water users, the operations of resource operations licence and distribution operations licence holders in the plan area;
whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
the matters mentioned in section 22 (1) .
Subsection (2) does not limit the matters the chief executive may consider.
The resource operations plan will state that use, for irrigation, of water taken under a water licence granted under section 212 of the Act requires a land and water management plan approved under section 77 of the Act .
In this section—
existing , in relation to an authorisation, water use practice or water user, means existing at the time the process stated in the resource operations plan is being prepared.
(sec.33-ssec.1) Unallocated water is dealt with under a process stated in the resource operations plan.
(sec.33-ssec.2) In preparing and implementing the process, the chief executive is to consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water is being taken under existing authorisations in the plan area; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users, the operations of resource operations licence and distribution operations licence holders in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section 22 (1) .
(sec.33-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.
(sec.33-ssec.4) The resource operations plan will state that use, for irrigation, of water taken under a water licence granted under section 212 of the Act requires a land and water management plan approved under section 77 of the Act .
(sec.33-ssec.5) In this section— existing , in relation to an authorisation, water use practice or water user, means existing at the time the process stated in the resource operations plan is being prepared.
(a) the purpose for which the water is required;
(b) the efficiency of existing and proposed water use practices;
(c) the extent to which water is being taken under existing authorisations in the plan area;
(d) the availability of an alternative water supply for the purpose for which the water is required;
(e) the impact the proposed taking of, or interfering with, the water may have on existing water users, the operations of resource operations licence and distribution operations licence holders in the plan area;
(f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
(g) the matters mentioned in section 22 (1) .
ch.5-pt.2
Additional strategies for surface water
Additional strategies for surface water
ch.5-pt.2-div.1
Preliminary
Preliminary
sec.34
Application of pt 2
sec.34 Application of pt 2
The strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .
sec.35
Decisions consistent with objectives
sec.35 Decisions consistent with objectives
Decisions about the allocation or management of surface water, other than a decision about a water permit, must be consistent with—
the environmental flow objectives; and
the water allocation security objectives.
(a) the environmental flow objectives; and
(b) the water allocation security objectives.
sec.36
Assessing impact of decisions
sec.36 Assessing impact of decisions
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
(sec.36-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives.
(sec.36-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
(sec.36-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
ch.5-pt.2-div.2
Strategies for supplemented water only
Strategies for supplemented water only
sec.37
Water allocations to be managed under a resource operations licence
sec.37 Water allocations to be managed under a resource operations licence
Water allocations converted from interim water allocations to take water from the Proserpine River Water Supply Scheme are to be managed under a resource operations licence.
sec.38
Water allocation to which water is to be distributed under a distribution operations licence
sec.38 Water allocation to which water is to be distributed under a distribution operations licence
A water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Kelsey Creek Water Board is a water allocation to which the Kelsey Creek Water Board’s distribution operation licence applies.
A water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Six Mile Creek Water Supply Board is a water allocation to which the Six Mile Creek Water Supply Board’s distribution operation licence applies.
(sec.38-ssec.1) A water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Kelsey Creek Water Board is a water allocation to which the Kelsey Creek Water Board’s distribution operation licence applies.
(sec.38-ssec.2) A water allocation converted from an authorisation to take water distributed through water infrastructure owned by the Six Mile Creek Water Supply Board is a water allocation to which the Six Mile Creek Water Supply Board’s distribution operation licence applies.
sec.39
Matters to be considered for infrastructure operating rules
sec.39 Matters to be considered for infrastructure operating rules
In deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure or proposed infrastructure for supplemented water, the chief executive considers—
the impact of the infrastructure’s or proposed infrastructure’s operation on the following—
instream water levels;
bed and banks of watercourses;
riparian vegetation; and
the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and
the impact on the transfer of water between watercourses; and
the likelihood of fish deaths caused by the operation of the infrastructure; and
the matters mentioned in section 22 (1) .
Subsection (1) does not limit the matters the chief executive may consider.
(sec.39-ssec.1) In deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure or proposed infrastructure for supplemented water, the chief executive considers— the impact of the infrastructure’s or proposed infrastructure’s operation on the following— instream water levels; bed and banks of watercourses; riparian vegetation; and the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and the impact on the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the matters mentioned in section 22 (1) .
(sec.39-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the impact of the infrastructure’s or proposed infrastructure’s operation on the following— (i) instream water levels; (ii) bed and banks of watercourses; (iii) riparian vegetation; and
(i) instream water levels;
(ii) bed and banks of watercourses;
(iii) riparian vegetation; and
(b) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and
(c) the impact on the transfer of water between watercourses; and
(d) the likelihood of fish deaths caused by the operation of the infrastructure; and
(e) the matters mentioned in section 22 (1) .
(i) instream water levels;
(ii) bed and banks of watercourses;
(iii) riparian vegetation; and
sec.40
Section sec.40
s 40 om 2014 SL No. 142 s 242
sec.41
Section sec.41
s 41 om 2014 SL No. 142 s 242
sec.42
Section sec.42
s 42 om 2014 SL No. 142 s 242
sec.43
Section sec.43
s 43 om 2014 SL No. 142 s 242
sec.44
Section sec.44
s 44 om 2014 SL No. 142 s 242
sec.45
Section sec.45
s 45 om 2014 SL No. 142 s 242
sec.46
Section sec.46
s 46 om 2014 SL No. 142 s 242
sec.47
Section sec.47
s 47 om 2014 SL No. 142 s 242
ch.5-pt.2-div.3
Strategies for unsupplemented water only
Strategies for unsupplemented water only
sec.48
Purpose of sdiv 1
sec.48 Purpose of sdiv 1
This subdivision states strategies for authorisations to be converted, under section 121 of the Act , to water allocations to take unsupplemented water under the resource operations plan.
sec.49
Restrictions on taking water from waterholes
sec.49 Restrictions on taking water from waterholes
This section applies to the chief executive in making a decision about taking unsupplemented water from a waterhole under—
a water allocation; or
a water licence.
The chief executive must—
consider the impact the taking may have on the cultural or ecological values of the waterhole; and
impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.
However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied—
the taking of water from the waterhole will not adversely affect its cultural or ecological values; or
for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.
(sec.49-ssec.1) This section applies to the chief executive in making a decision about taking unsupplemented water from a waterhole under— a water allocation; or a water licence.
(sec.49-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole; and impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.
(sec.49-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole will not adversely affect its cultural or ecological values; or for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.
(a) a water allocation; or
(b) a water licence.
(a) consider the impact the taking may have on the cultural or ecological values of the waterhole; and
(b) impose a condition on the allocation or licence about maintaining the cultural or ecological values of the waterhole.
(a) the taking of water from the waterhole will not adversely affect its cultural or ecological values; or
(b) for a water licence or water allocation that replaces an authorisation in force immediately before the plan notification day—the holder of the authorisation would suffer economic hardship if the condition were imposed.
sec.50
Authorisations to be converted to water allocations
sec.50 Authorisations to be converted to water allocations
The authorisations to be converted to water allocations to take unsupplemented water are water licences for taking unsupplemented water from—
the Andromache River, including its tributaries, downstream from its confluence with Horse Creek AMTD 37.8km; and
the O’Connell River, including its tributaries, downstream from its confluence with Kanaka Creek AMTD 52.9km.
(a) the Andromache River, including its tributaries, downstream from its confluence with Horse Creek AMTD 37.8km; and
(b) the O’Connell River, including its tributaries, downstream from its confluence with Kanaka Creek AMTD 52.9km.
sec.51
Elements of water allocations to take unsupplemented water
sec.51 Elements of water allocations to take unsupplemented water
A water allocation to take unsupplemented water must state the following—
the maximum rate at which water may be taken under the allocation;
the daily volumetric limit for the allocation;
the annual volumetric limit for the allocation.
s 51 sub 2014 SL No. 142 s 243
(a) the maximum rate at which water may be taken under the allocation;
(b) the daily volumetric limit for the allocation;
(c) the annual volumetric limit for the allocation.
sec.52
Location for taking water under water allocation
sec.52 Location for taking water under water allocation
The location for taking water to be stated on a water allocation to take unsupplemented water must include the place at which water could have been taken under the authorisation.
sec.53
Purpose to be stated on water allocation
sec.53 Purpose to be stated on water allocation
The purpose to be stated on a water allocation to take unsupplemented water must be—
if the purpose stated on the authorisation is stock, domestic, amenities, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
otherwise—‘any’.
(a) if the purpose stated on the authorisation is stock, domestic, amenities, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
(b) otherwise—‘any’.
sec.54
Nominal volume for water allocation
sec.54 Nominal volume for water allocation
In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive must consider the following—
the local availability of water;
the conditions under which water may be taken under the authorisation;
for an authorisation that states an annual volume—the stated volume;
the simulated mean annual diversion for the authorisation.
(a) the local availability of water;
(b) the conditions under which water may be taken under the authorisation;
(c) for an authorisation that states an annual volume—the stated volume;
(d) the simulated mean annual diversion for the authorisation.
sec.55
Maximum rates
sec.55 Maximum rates
The maximum rate at which unsupplemented water may be taken under a water allocation to take unsupplemented water is—
for an authorisation that states a maximum rate—the stated rate; and
for an authorisation that does not state a maximum rate but for which a related development permit—
states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or
states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and
for another authorisation—the rate decided by the chief executive having regard to—
the type of authorisation; and
an estimate or measurement of the rate at which water can be taken under the authorisation.
However, for subsection (1) (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following—
the conditions under which the water may be taken;
the water taking capacity of the pump to which the development permit relates (the existing pump );
the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;
the efficiency of the system mentioned in paragraph (c) .
(sec.55-ssec.1) The maximum rate at which unsupplemented water may be taken under a water allocation to take unsupplemented water is— for an authorisation that states a maximum rate—the stated rate; and for an authorisation that does not state a maximum rate but for which a related development permit— states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and for another authorisation—the rate decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation.
(sec.55-ssec.2) However, for subsection (1) (b) , if the authorisation holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day; the efficiency of the system mentioned in paragraph (c) .
(a) for an authorisation that states a maximum rate—the stated rate; and
(b) for an authorisation that does not state a maximum rate but for which a related development permit— (i) states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and
(i) states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or
(ii) states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and
(c) for another authorisation—the rate decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
(i) the type of authorisation; and
(ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
(i) states a pump size mentioned in schedule 7 , column 1—the rate stated in schedule 7 , column 2, for the pump size; or
(ii) states a pump size other than a pump size mentioned in schedule 7 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7 , column 2; and
(i) the type of authorisation; and
(ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
(a) the conditions under which the water may be taken;
(b) the water taking capacity of the pump to which the development permit relates (the existing pump );
(c) the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;
(d) the efficiency of the system mentioned in paragraph (c) .
sec.56
Daily volumetric limits
sec.56 Daily volumetric limits
The daily volumetric limit for a water allocation to take unsupplemented water is—
for an authorisation that states the daily volumetric limit—the stated volume; and
for an authorisation that does not state a volume but for which a related development permit—
states a pump size mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or
states a pump size other than a pump size mentioned in schedule 7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 7 , column 3; and
for another authorisation—the daily volumetric limit decided by the chief executive having regard to—
the type of authorisation; and
an estimate or measurement of the rate at which water can be taken under the authorisation.
However, for subsection (1) (b) , if the authorisation holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following—
the conditions under which the water may be taken under the authorisation;
the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;
the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;
the efficiency of the system mentioned in paragraph (c) .
The chief executive must ensure the daily volumetric limit for a water allocation is not more than the total volume that could be taken in a day at the maximum rate decided, for the water allocation, under section 55 .
(sec.56-ssec.1) The daily volumetric limit for a water allocation to take unsupplemented water is— for an authorisation that states the daily volumetric limit—the stated volume; and for an authorisation that does not state a volume but for which a related development permit— states a pump size mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or states a pump size other than a pump size mentioned in schedule 7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 7 , column 3; and for another authorisation—the daily volumetric limit decided by the chief executive having regard to— the type of authorisation; and an estimate or measurement of the rate at which water can be taken under the authorisation.
(sec.56-ssec.2) However, for subsection (1) (b) , if the authorisation holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit is the volume decided by the chief executive having regard to the following— the conditions under which the water may be taken under the authorisation; the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day; the efficiency of the system mentioned in paragraph (c) .
(sec.56-ssec.3) The chief executive must ensure the daily volumetric limit for a water allocation is not more than the total volume that could be taken in a day at the maximum rate decided, for the water allocation, under section 55 .
(a) for an authorisation that states the daily volumetric limit—the stated volume; and
(b) for an authorisation that does not state a volume but for which a related development permit— (i) states a pump size mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule 7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 7 , column 3; and
(i) states a pump size mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or
(ii) states a pump size other than a pump size mentioned in schedule 7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 7 , column 3; and
(c) for another authorisation—the daily volumetric limit decided by the chief executive having regard to— (i) the type of authorisation; and (ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
(i) the type of authorisation; and
(ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
(i) states a pump size mentioned in schedule 7 , column 1—the daily volumetric limit stated in schedule 7 , column 3, for the pump size; or
(ii) states a pump size other than a pump size mentioned in schedule 7 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 7 , column 3; and
(i) the type of authorisation; and
(ii) an estimate or measurement of the rate at which water can be taken under the authorisation.
(a) the conditions under which the water may be taken under the authorisation;
(b) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;
(c) the irrigation or water distribution system related to the existing pump during the period, of not more than 10 years, immediately before the plan notification day;
(d) the efficiency of the system mentioned in paragraph (c) .
sec.57
Annual volumetric limits
sec.57 Annual volumetric limits
The annual volumetric limit for a water allocation to take unsupplemented water is—
for an authorisation that states the volume of water that may be taken in a 12 month period—the stated volume; and
for an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the authorisation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area in hectares by 5; and
for another authorisation—the volume decided by the chief executive having regard to the following—
the conditions under which water may be taken under the authorisation;
the water taking capacity of any works for taking water under the authorisation;
the volume required for the allocation’s intended purpose;
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the plan notification day;
the efficiency of the use of the water mentioned in subparagraph (iv) .
(a) for an authorisation that states the volume of water that may be taken in a 12 month period—the stated volume; and
(b) for an authorisation that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the authorisation’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area in hectares by 5; and
(c) for another authorisation—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the authorisation; (ii) the water taking capacity of any works for taking water under the authorisation; (iii) the volume required for the allocation’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the plan notification day; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the authorisation;
(ii) the water taking capacity of any works for taking water under the authorisation;
(iii) the volume required for the allocation’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the plan notification day;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the authorisation;
(ii) the water taking capacity of any works for taking water under the authorisation;
(iii) the volume required for the allocation’s intended purpose;
(iv) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the plan notification day;
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
sec.58
Conditions relating to flow conditions
sec.58 Conditions relating to flow conditions
In deciding the conditions relating to flow conditions under which water may be taken under a water allocation, the chief executive must consider any conditions relating to flow conditions stated on the authorisation.
sec.59
Water allocation groups for water allocations
sec.59 Water allocation groups for water allocations
A water allocation to take unsupplemented water in subcatchment areas D or E belongs to—
for an authorisation that does not state a flow condition—water allocation group 1; and
for another authorisation—water allocation group 2.
(a) for an authorisation that does not state a flow condition—water allocation group 1; and
(b) for another authorisation—water allocation group 2.
sec.60
Application of sdiv 2
sec.60 Application of sdiv 2
This subdivision applies to water licences for taking unsupplemented water.
sec.61
Elements of water licences to take unsupplemented water
sec.61 Elements of water licences to take unsupplemented water
A water licence to take unsupplemented water must state the following—
the purpose for which the water may be taken under the licence;
the maximum rate at which water may be taken under the licence;
the daily volumetric limit for the licence;
the nominal entitlement for the licence;
the flow conditions, if any, for the licence.
(a) the purpose for which the water may be taken under the licence;
(b) the maximum rate at which water may be taken under the licence;
(c) the daily volumetric limit for the licence;
(d) the nominal entitlement for the licence;
(e) the flow conditions, if any, for the licence.
sec.62
Purpose to be stated on water licence
sec.62 Purpose to be stated on water licence
The purpose to be stated on a water licence to take unsupplemented water, replacing an existing water licence, must be—
if the purpose stated on the existing water licence is stock or domestic—‘stock and domestic’; or
if the purpose stated on the existing water licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
otherwise—‘any’.
s 62 amd 2016 SL No. 216 s 146 sch 20
(a) if the purpose stated on the existing water licence is stock or domestic—‘stock and domestic’; or
(b) if the purpose stated on the existing water licence is irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
(c) otherwise—‘any’.
sec.63
Maximum rates
sec.63 Maximum rates
The maximum rate at which unsupplemented water may be taken under a water licence is the maximum rate mentioned in section 55 or decided by the chief executive under that section as if the water licence were a water allocation.
s 63 sub 2014 SL No. 142 s 244
sec.64
Daily volumetric limits
sec.64 Daily volumetric limits
The daily volumetric limit to take unsupplemented water for a water licence is the daily volumetric limit mentioned in section 56 or decided by the chief executive under that section as if the water licence were a water allocation.
s 64 sub 2014 SL No. 142 s 244
sec.65
Nominal entitlements
sec.65 Nominal entitlements
The nominal entitlement for a water licence to take unsupplemented water is—
for a water licence that states a volume of water that may be taken—the stated volume; and
for a water licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 5; and
for another water licence—the volume decided by the chief executive having regard to—
the conditions under which water may be taken under the licence; and
the water taking capacity of any works for taking water under the licence; and
the volume required for the licence’s intended purpose; and
the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the plan notification day; and
the efficiency of the use of the water mentioned in subparagraph (iv) .
(a) for a water licence that states a volume of water that may be taken—the stated volume; and
(b) for a water licence that states the area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 5; and
(c) for another water licence—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the licence; and (ii) the water taking capacity of any works for taking water under the licence; and (iii) the volume required for the licence’s intended purpose; and (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the plan notification day; and (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the licence; and
(ii) the water taking capacity of any works for taking water under the licence; and
(iii) the volume required for the licence’s intended purpose; and
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the plan notification day; and
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
(i) the conditions under which water may be taken under the licence; and
(ii) the water taking capacity of any works for taking water under the licence; and
(iii) the volume required for the licence’s intended purpose; and
(iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the plan notification day; and
(v) the efficiency of the use of the water mentioned in subparagraph (iv) .
sec.66
Conditions for taking
sec.66 Conditions for taking
The chief executive may impose on a water licence to take unsupplemented water any condition relating to flow conditions the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved.
ch.5-pt.2-div.4
Regulating overland flow water
Regulating overland flow water
sec.67
Limitation on taking overland flow water— Act , s 20 (2)
sec.67 Limitation on taking overland flow water— Act , s 20 (2)
This section alters the overland flow water that may be taken under section 20 (2) of the Act .
A person may only take overland flow water—
for stock or domestic purposes; or
using works that have a capacity of not more than 20ML; or
under a water licence to take overland flow water; or
of not more than the amount necessary to satisfy the requirements of—
an environmental authority issued under the Environmental Protection Act 1994 ; or
a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
that is contaminated agricultural runoff water; or
under section 68 .
In this section—
contaminated agricultural runoff water has the meaning given by the ‘Code for assessable development for operational works for taking overland flow water’.
A copy of the code is available on the department’s website.
s 67 amd 2013 Act No. 23 s 352 sch 1 pt 2
(sec.67-ssec.1) This section alters the overland flow water that may be taken under section 20 (2) of the Act .
(sec.67-ssec.2) A person may only take overland flow water— for stock or domestic purposes; or using works that have a capacity of not more than 20ML; or under a water licence to take overland flow water; or of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or that is contaminated agricultural runoff water; or under section 68 .
(sec.67-ssec.3) In this section— contaminated agricultural runoff water has the meaning given by the ‘Code for assessable development for operational works for taking overland flow water’. A copy of the code is available on the department’s website.
(a) for stock or domestic purposes; or
(b) using works that have a capacity of not more than 20ML; or
(c) under a water licence to take overland flow water; or
(d) of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
(e) that is contaminated agricultural runoff water; or
(f) under section 68 .
(i) an environmental authority issued under the Environmental Protection Act 1994 ; or
(ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
sec.68
Taking water using particular existing overland flow works authorised
sec.68 Taking water using particular existing overland flow works authorised
This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 67 (2) (a) to (e) .
The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the plan notification day.
Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.
However, the authorisation under subsection (3) ceases to apply if the owner is granted a water licence relating to the works.
(sec.68-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 67 (2) (a) to (e) .
(sec.68-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the plan notification day.
(sec.68-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.
(sec.68-ssec.4) However, the authorisation under subsection (3) ceases to apply if the owner is granted a water licence relating to the works.
sec.69
Granting water licences for using particular existing overland flow works
sec.69 Granting water licences for using particular existing overland flow works
This section applies if the resource operations plan states, under section 212 of the Act , a process for the allocation of water under a water licence to replace the authorisation under section 68 .
Under the process the chief executive—
must consider—
the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section 68 applies; and
the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and
may consider the extent to which the works, immediately before the plan notification day, allowed—
the taking of water, other than overland flow water, under another authorisation; or
the storage of water, other than overland flow water, under another authorisation.
Subsection (2) does not limit the matters the chief executive may consider.
The chief executive may require the owner of the land to which section 68 applies to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.
In this section—
registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .
(sec.69-ssec.1) This section applies if the resource operations plan states, under section 212 of the Act , a process for the allocation of water under a water licence to replace the authorisation under section 68 .
(sec.69-ssec.2) Under the process the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section 68 applies; and the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and may consider the extent to which the works, immediately before the plan notification day, allowed— the taking of water, other than overland flow water, under another authorisation; or the storage of water, other than overland flow water, under another authorisation.
(sec.69-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.
(sec.69-ssec.4) The chief executive may require the owner of the land to which section 68 applies to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.
(sec.69-ssec.5) In this section— registered professional engineer means a person registered as a registered professional engineer under the Professional Engineers Act 2002 .
(a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section 68 applies; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and
(i) the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section 68 applies; and
(ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and
(b) may consider the extent to which the works, immediately before the plan notification day, allowed— (i) the taking of water, other than overland flow water, under another authorisation; or (ii) the storage of water, other than overland flow water, under another authorisation.
(i) the taking of water, other than overland flow water, under another authorisation; or
(ii) the storage of water, other than overland flow water, under another authorisation.
(i) the average annual volume of overland flow water that could have been taken, immediately before the plan notification day, using the existing overland flow works to which section 68 applies; and
(ii) the annual volumes of overland flow water estimated by the chief executive to have been taken using the works during the period, of not more than 10 years, immediately before the plan notification day; and
(i) the taking of water, other than overland flow water, under another authorisation; or
(ii) the storage of water, other than overland flow water, under another authorisation.
sec.70
Section sec.70
s 70 om 2016 SL No. 216 s 146 sch 20
ch.5-pt.3
Additional strategies for groundwater only
Additional strategies for groundwater only
sec.71
Application of pt 3
sec.71 Application of pt 3
The strategies stated in this part apply to groundwater in addition to the strategies stated in part 1 .
sec.72
Limitation on taking groundwater— Act , s 20 (2)
sec.72 Limitation on taking groundwater— Act , s 20 (2)
This section alters the groundwater that may be taken under section 20 (2) of the Act .
A person may only take groundwater in the plan area—
under a water permit; or
under a water licence; or
under section 73 ; or
for stock or domestic purposes.
s 72 amd 2013 Act No. 23 s 352 sch 1 pt 2
(sec.72-ssec.1) This section alters the groundwater that may be taken under section 20 (2) of the Act .
(sec.72-ssec.2) A person may only take groundwater in the plan area— under a water permit; or under a water licence; or under section 73 ; or for stock or domestic purposes.
(a) under a water permit; or
(b) under a water licence; or
(c) under section 73 ; or
(d) for stock or domestic purposes.
sec.73
Taking groundwater using existing works
sec.73 Taking groundwater using existing works
This section applies to an owner of land in the undeclared area on which there are works ( existing works ) that the chief executive is satisfied were used, or capable of being used, to take groundwater for any purpose other than stock or domestic purposes immediately before the plan notification day.
The owner may continue to take groundwater in the undeclared area using the existing works for 1 year after the plan notification day.
If the owner gives the chief executive notice in the approved form of the existing works within 1 year after the plan notification day, the owner may continue to take groundwater in the undeclared area using the works.
However, an authorisation under this section ceases to apply to an owner in relation to existing works if the owner is granted a water licence relating to the works.
In this section—
undeclared area means all parts of the plan area other than the area that, immediately before the plan notification day, was declared under section 1046 of the Act as the Proserpine subartesian area.
(sec.73-ssec.1) This section applies to an owner of land in the undeclared area on which there are works ( existing works ) that the chief executive is satisfied were used, or capable of being used, to take groundwater for any purpose other than stock or domestic purposes immediately before the plan notification day.
(sec.73-ssec.2) The owner may continue to take groundwater in the undeclared area using the existing works for 1 year after the plan notification day.
(sec.73-ssec.3) If the owner gives the chief executive notice in the approved form of the existing works within 1 year after the plan notification day, the owner may continue to take groundwater in the undeclared area using the works.
(sec.73-ssec.4) However, an authorisation under this section ceases to apply to an owner in relation to existing works if the owner is granted a water licence relating to the works.
(sec.73-ssec.5) In this section— undeclared area means all parts of the plan area other than the area that, immediately before the plan notification day, was declared under section 1046 of the Act as the Proserpine subartesian area.
sec.74
Granting water licences for using particular existing works
sec.74 Granting water licences for using particular existing works
The chief executive may, under section 212 of the Act , grant a water licence to a person authorised under section 73 (2) to continue taking groundwater.
The licence must be consistent with this part.
(sec.74-ssec.1) The chief executive may, under section 212 of the Act , grant a water licence to a person authorised under section 73 (2) to continue taking groundwater.
(sec.74-ssec.2) The licence must be consistent with this part.
sec.75
Elements of water licences to take groundwater
sec.75 Elements of water licences to take groundwater
A water licence to take groundwater must state—
a nominal entitlement that may be taken under the licence; and
the purpose for which groundwater may be taken under the licence; and
a monthly volumetric limit or quarterly volumetric limit, if any, that may be taken under the licence; and
the conditions, if any, under which the groundwater may be taken.
(a) a nominal entitlement that may be taken under the licence; and
(b) the purpose for which groundwater may be taken under the licence; and
(c) a monthly volumetric limit or quarterly volumetric limit, if any, that may be taken under the licence; and
(d) the conditions, if any, under which the groundwater may be taken.
sec.76
Nominal entitlements for authorisations
sec.76 Nominal entitlements for authorisations
This section applies if the chief executive decides the nominal entitlement for an authorisation for continuing to take groundwater using existing works for a purpose other than stock or domestic purposes.
The nominal entitlement must be the estimated volume to take groundwater for the entitlement.
However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement that is more than the estimated volume.
In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must consider each of the following—
the capacity of the existing works to take groundwater as at the plan notification day;
the number of hours the existing works were operated during the relevant period;
for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;
for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;
the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ;
the availability of groundwater in the aquifer to which the works relate;
the availability of other water sources in the area to which the water entitlement relates;
the density of water bores for taking groundwater in the area to which the water entitlement relates.
Subsection (4) does not limit the matters the chief executive may consider.
In this section—
capacity , of existing works, means—
if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or
if the works have an equipped rate only—the equipped rate for the works; or
if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate and the equipped rate; or
the volume of groundwater available in the parts of an aquifer that are under the land to which the works relate, that must not be more than 1ML/ha of the parts of the aquifer.
design pumping rate , for a water bore, means the pumping rate—
at which the bore can be pumped without causing the bore’s pump to break suction; and
estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.
equipped rate , for existing works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used.
estimated volume , to take groundwater for a water entitlement, means the least of the following—
the volume worked out by multiplying the capacity of the existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to—
the efficiency of the use of groundwater using the works during the relevant period; and
the availability of other water sources in the area to which the water entitlement relates;
the volume of groundwater taken using existing works for irrigation purposes during the relevant period, that must not be more than 5ML of water for each hectare irrigated;
the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period, that must not be more than 10ML;
the volume of groundwater available in an aquifer under the land to which the works relate, that must not be more than 1ML/ha of the aquifer.
existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on the plan notification day.
relevant period means each 1 year period during the period of not more than 10 years immediately before the plan notification day.
(sec.76-ssec.1) This section applies if the chief executive decides the nominal entitlement for an authorisation for continuing to take groundwater using existing works for a purpose other than stock or domestic purposes.
(sec.76-ssec.2) The nominal entitlement must be the estimated volume to take groundwater for the entitlement.
(sec.76-ssec.3) However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement that is more than the estimated volume.
(sec.76-ssec.4) In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must consider each of the following— the capacity of the existing works to take groundwater as at the plan notification day; the number of hours the existing works were operated during the relevant period; for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ; the availability of groundwater in the aquifer to which the works relate; the availability of other water sources in the area to which the water entitlement relates; the density of water bores for taking groundwater in the area to which the water entitlement relates.
(sec.76-ssec.5) Subsection (4) does not limit the matters the chief executive may consider.
(sec.76-ssec.6) In this section— capacity , of existing works, means— if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or if the works have an equipped rate only—the equipped rate for the works; or if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate and the equipped rate; or the volume of groundwater available in the parts of an aquifer that are under the land to which the works relate, that must not be more than 1ML/ha of the parts of the aquifer. design pumping rate , for a water bore, means the pumping rate— at which the bore can be pumped without causing the bore’s pump to break suction; and estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. equipped rate , for existing works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— the volume worked out by multiplying the capacity of the existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— the efficiency of the use of groundwater using the works during the relevant period; and the availability of other water sources in the area to which the water entitlement relates; the volume of groundwater taken using existing works for irrigation purposes during the relevant period, that must not be more than 5ML of water for each hectare irrigated; the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period, that must not be more than 10ML; the volume of groundwater available in an aquifer under the land to which the works relate, that must not be more than 1ML/ha of the aquifer. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on the plan notification day. relevant period means each 1 year period during the period of not more than 10 years immediately before the plan notification day.
(a) the capacity of the existing works to take groundwater as at the plan notification day;
(b) the number of hours the existing works were operated during the relevant period;
(c) for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period;
(d) for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose;
(e) the efficiency of the use of the groundwater mentioned in paragraph (c) or (d) ;
(f) the availability of groundwater in the aquifer to which the works relate;
(g) the availability of other water sources in the area to which the water entitlement relates;
(h) the density of water bores for taking groundwater in the area to which the water entitlement relates.
(a) if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or
(b) if the works have an equipped rate only—the equipped rate for the works; or
(c) if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate and the equipped rate; or
(d) the volume of groundwater available in the parts of an aquifer that are under the land to which the works relate, that must not be more than 1ML/ha of the parts of the aquifer.
(a) at which the bore can be pumped without causing the bore’s pump to break suction; and
(b) estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days.
(a) the volume worked out by multiplying the capacity of the existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— (i) the efficiency of the use of groundwater using the works during the relevant period; and (ii) the availability of other water sources in the area to which the water entitlement relates;
(i) the efficiency of the use of groundwater using the works during the relevant period; and
(ii) the availability of other water sources in the area to which the water entitlement relates;
(b) the volume of groundwater taken using existing works for irrigation purposes during the relevant period, that must not be more than 5ML of water for each hectare irrigated;
(c) the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period, that must not be more than 10ML;
(d) the volume of groundwater available in an aquifer under the land to which the works relate, that must not be more than 1ML/ha of the aquifer.
(i) the efficiency of the use of groundwater using the works during the relevant period; and
(ii) the availability of other water sources in the area to which the water entitlement relates;
sec.77
Purpose to be stated on water licence to take groundwater
sec.77 Purpose to be stated on water licence to take groundwater
The purpose to be stated on a water licence to take groundwater in the plan area must be—
if the intended use of the water is for, or the licence is an existing water licence and the purpose stated on the licence is irrigation, stock intensive, agriculture, agricultural dewatering or a similar purpose—‘rural’; or
otherwise—‘any’.
In this section—
agricultural dewatering means taking groundwater to alleviate or prevent the waterlogging of agricultural soils.
(sec.77-ssec.1) The purpose to be stated on a water licence to take groundwater in the plan area must be— if the intended use of the water is for, or the licence is an existing water licence and the purpose stated on the licence is irrigation, stock intensive, agriculture, agricultural dewatering or a similar purpose—‘rural’; or otherwise—‘any’.
(sec.77-ssec.2) In this section— agricultural dewatering means taking groundwater to alleviate or prevent the waterlogging of agricultural soils.
(a) if the intended use of the water is for, or the licence is an existing water licence and the purpose stated on the licence is irrigation, stock intensive, agriculture, agricultural dewatering or a similar purpose—‘rural’; or
(b) otherwise—‘any’.
sec.78
Section sec.78
s 78 amd 2014 Act No. 29 s 164
om 2016 SL No. 216 s 146 sch 20
sch.3-pt.1
Location
Location
sch.3-pt.2
Description
Description
sch.4-pt.1
Low flow objectives
Low flow objectives
sch.4-sec
Table 1
sch.4-sec Table 1
At each node mentioned in table 1, column 1—
the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and
the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and
the percentage of the total number of days in the simulation period that the 90% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 4; and
the percentage of the total number of days in the simulation period that the daily flow volume is zero be not more than the percentage stated, for the node, in table 1, column 5.
Column 1
Column 2
Column 3
Column 4
Column 5
Node
%
%
%
%
1
45
77
86
4
2
41
74
82
13
3
38
65
71
21
4
36
56
64
22
5
38
59
66
20
6
34
66
72
17
At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2.
Column 1
Column 2
Water flow season
Node
December - March
April - July
August - November
4
63
62
42
5
61
65
44
6
67
70
59
At each node mentioned in table 3, column 1—
the number of periods of no flow of at least 30 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 2; and
the number of periods of no flow of at least 90 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 3.
Column 1
Column 2
Column 3
Node
No. of periods of no flow of at least 30 consecutive days
No. of periods of no flow of at least 90 consecutive days
1
2
0
2
5
0
3
40
10
4
86
14
5
37
6
6
52
12
(sch.4-sec-ssec.1) At each node mentioned in table 1, column 1— the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and the percentage of the total number of days in the simulation period that the 90% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 4; and the percentage of the total number of days in the simulation period that the daily flow volume is zero be not more than the percentage stated, for the node, in table 1, column 5. Column 1 Column 2 Column 3 Column 4 Column 5 Node % % % % 1 45 77 86 4 2 41 74 82 13 3 38 65 71 21 4 36 56 64 22 5 38 59 66 20 6 34 66 72 17
(sch.4-sec-ssec.2) At each node mentioned in table 2, column 1, the percentage of the total number of days in a water flow season in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated for the water flow season, for the node, in table 2, column 2. Column 1 Column 2 Water flow season Node December - March April - July August - November 4 63 62 42 5 61 65 44 6 67 70 59
(sch.4-sec-ssec.3) At each node mentioned in table 3, column 1— the number of periods of no flow of at least 30 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 2; and the number of periods of no flow of at least 90 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 3. Column 1 Column 2 Column 3 Node No. of periods of no flow of at least 30 consecutive days No. of periods of no flow of at least 90 consecutive days 1 2 0 2 5 0 3 40 10 4 86 14 5 37 6 6 52 12
(a) the percentage of the total number of days in the simulation period that the 50% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 2; and
(b) the percentage of the total number of days in the simulation period that the 80% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 3; and
(c) the percentage of the total number of days in the simulation period that the 90% non-zero daily flow is equalled or exceeded be at least the percentage stated, for the node, in table 1, column 4; and
(d) the percentage of the total number of days in the simulation period that the daily flow volume is zero be not more than the percentage stated, for the node, in table 1, column 5.
(a) the number of periods of no flow of at least 30 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 2; and
(b) the number of periods of no flow of at least 90 consecutive days in the simulation period be not more than the number stated for the node in table 3, column 3.
sch.4-pt.2
Medium to high flow objectives
Medium to high flow objectives
sch.4-sec-oc.2
Table 4
sch.4-sec-oc.2 Table 4
At each node mentioned in table 4, column 1—
the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and
the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and
the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and
the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and
the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Node
Mean annual flow
Median annual flow
1.5 year daily flow volume
5 year daily flow volume
20 year daily flow volume
1
83
84
97
86
87
2
74
71
89
90
89
3
97
99
99
99
99
4
91
81
83
98
98
5
85
82
69
94
95
6
83
68
65
97
96
At each node mentioned in table 5, column 1, the annual proportional flow deviation in the simulation period be not more than the annual proportional flow deviation stated for the node in table 5, column 2.
Column 1
Column 2
Node
Annual proportional flow deviation
1
1.2
2
2.1
3
0.7
4
1.2
5
1.1
6
1.5
(sch.4-sec-oc.2-ssec.4) At each node mentioned in table 4, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Node Mean annual flow Median annual flow 1.5 year daily flow volume 5 year daily flow volume 20 year daily flow volume 1 83 84 97 86 87 2 74 71 89 90 89 3 97 99 99 99 99 4 91 81 83 98 98 5 85 82 69 94 95 6 83 68 65 97 96
(sch.4-sec-oc.2-ssec.5) At each node mentioned in table 5, column 1, the annual proportional flow deviation in the simulation period be not more than the annual proportional flow deviation stated for the node in table 5, column 2. Column 1 Column 2 Node Annual proportional flow deviation 1 1.2 2 2.1 3 0.7 4 1.2 5 1.1 6 1.5
(a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 2; and
(b) the median annual flow in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 3; and
(c) the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 4; and
(d) the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 5; and
(e) the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern, be at least the percentage stated for the node in table 4, column 6.
sch.5-pt.1
Supplemented water
Supplemented water
sch.5-sec.1
Priority group A
sch.5-sec.1 Priority group A
For water allocations in priority group A—
that the annual supplemented water sharing index be at least 97% and the extent to which it is less than 100% be minimised; and
that the monthly supplemented water sharing index be at least 99% and the extent to which it is less than 100% be minimised.
(a) that the annual supplemented water sharing index be at least 97% and the extent to which it is less than 100% be minimised; and
(b) that the monthly supplemented water sharing index be at least 99% and the extent to which it is less than 100% be minimised.
sch.5-sec.2
Priority group A1
sch.5-sec.2 Priority group A1
For water allocations in priority group A1—
that the annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and
that the monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.
(a) that the annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and
(b) that the monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.
sch.5-sec.3
Priority group A2
sch.5-sec.3 Priority group A2
For water allocations in priority group A2—
that the 90% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and
that the 90% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.
(a) that the 90% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and
(b) that the 90% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.
sch.5-sec.4
Priority group A3
sch.5-sec.4 Priority group A3
For water allocations in priority group A3—
that the 75% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and
that the 75% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.
(a) that the 75% annual supplemented water sharing index be at least 65% and the extent to which it is less than 70% be minimised; and
(b) that the 75% monthly supplemented water sharing index be at least 75% and the extent to which it is less than 80% be minimised.
sch.5-pt.2
Unsupplemented water
Unsupplemented water
sch.5-sec.5
Water allocations to take unsupplemented water
sch.5-sec.5 Water allocations to take unsupplemented water
For water allocations in each water allocation group mentioned in the table, column 1—
that the 30% unsupplemented water sharing index be at least the percentage stated in column 2 for the water allocation group; and
that the 50% unsupplemented water sharing index be at least the percentage stated in column 3 for the water allocation group; and
that the 70% unsupplemented water sharing index be at least the percentage stated in column 4 for the water allocation group; and
that the annual volume probability be at least the percentage stated in column 5 for the water allocation group.
Column 1
Column 2
Column 3
Column 4
Column 5
Water allocation group
30%
unsupplemented
water sharing index
50%
unsupplemented
water sharing index
70%
unsupplemented
water sharing index
Annual volume probability
1
121
99
78
48
2
124
95
55
44
(a) that the 30% unsupplemented water sharing index be at least the percentage stated in column 2 for the water allocation group; and
(b) that the 50% unsupplemented water sharing index be at least the percentage stated in column 3 for the water allocation group; and
(c) that the 70% unsupplemented water sharing index be at least the percentage stated in column 4 for the water allocation group; and
(d) that the annual volume probability be at least the percentage stated in column 5 for the water allocation group.
sch.6-pt.1
General unallocated water
General unallocated water
sch.6-pt.2
Strategic unallocated water
Strategic unallocated water
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
ch.4-pt.1 Preliminary
Preliminary
sec.15 Application of ch 4
sec.15 Application of ch 4
This chapter applies to surface water, other than overland flow water, in the plan area.
ch.4-pt.2 Environmental flow objectives
Environmental flow objectives
sec.16 Environmental flow objectives
sec.16 Environmental flow objectives
The environmental flow objectives are stated in schedule 4 .
sec.17 Performance indicators for environmental flow objectives
sec.17 Performance indicators for environmental flow objectives
The performance indicators for the environmental flow objectives are—
for assessing periods of low flow at the nodes mentioned in schedule 4 , part 1 —
50% non-zero daily flow; and
80% non-zero daily flow; and
90% non-zero daily flow; and
daily flow volume; and
80% non-zero daily flow in a water flow season; and
a period of no flow of at least 30 consecutive days; and
a period of no flow of at least 90 consecutive days; and
for assessing periods of medium to high flow at the nodes mentioned in schedule 4 , part 2 —
mean annual flow; and
median annual flow; and
1.5 year daily flow volume; and
5 year daily flow volume; and
20 year daily flow volume; and
annual proportional flow deviation.
(a) for assessing periods of low flow at the nodes mentioned in schedule 4 , part 1 — (i) 50% non-zero daily flow; and (ii) 80% non-zero daily flow; and (iii) 90% non-zero daily flow; and (iv) daily flow volume; and (v) 80% non-zero daily flow in a water flow season; and (vi) a period of no flow of at least 30 consecutive days; and (vii) a period of no flow of at least 90 consecutive days; and
(i) 50% non-zero daily flow; and
(ii) 80% non-zero daily flow; and
(iii) 90% non-zero daily flow; and
(iv) daily flow volume; and
(v) 80% non-zero daily flow in a water flow season; and
(vi) a period of no flow of at least 30 consecutive days; and
(vii) a period of no flow of at least 90 consecutive days; and
(b) for assessing periods of medium to high flow at the nodes mentioned in schedule 4 , part 2 — (i) mean annual flow; and (ii) median annual flow; and (iii) 1.5 year daily flow volume; and (iv) 5 year daily flow volume; and (v) 20 year daily flow volume; and (vi) annual proportional flow deviation.
(i) mean annual flow; and
(ii) median annual flow; and
Regulates unallocated water into two categories , general unallocated water and strategic unallocated water , and sets different permissible purposes: general for any purpose, strategic only for State purposes (ss 27-28). The total available volumes for subcatchments are stated in schedule 6 (s 29). Strategic allocations for specified State or regional significance projects are time‑limited to the life of the project (s 30).
Provides conversion and allocation mechanics: authorisations and existing water licences may be converted to water allocations or water licences under the resource operations plan and the Act (eg ss 50-57 for unsupplemented conversion, ss 61-66 for water licences). The instrument prescribes the elements that must appear on allocations and licences (maximum rate, daily and annual volumetric limits, nominal entitlements, purposes and, if required, flow conditions) and sets methods (including prescriptive caps and formulae) for calculating those rates and volumes (ss 51, 55-57, 61-65, 75-76).
Limits broad common law or prior statutory rights to take overland flow water and groundwater by confining lawful taking to specified categories: stock/domestic, works with capacity ≤ 20 ML, authorised licences, amounts required to meet environmental authority or development permit conditions, contaminated agricultural runoff, or specific transitional authorisations (ss 67-68 for overland flow; ss 72-74 for groundwater). Transitional continuing-use regimes are available subject to notice requirements and time limits (ss 68, 73).
Prescribes the mandatory model for assessing consistency with objectives: the IQQM computer program simulation for the simulation period, with the chief executive able to approve alternative methods only if they are at least as accurate (s 36).
The official rationale is implicit in the instrument: it sets explicit flow and allocation security objectives and measurable indicators to guide water sharing and infrastructure operation decisions. The instrument operationalises those objectives through numeric targets in schedules (schs 4-5), conversion rules for existing entitlements, ministerial/executive discretion about allocation of unallocated water, and model‑based assessment (s 36). The mechanics therefore shift resource allocation from ad hoc practice to a framework of numerical objectives, prescriptive measurement methods and chief executive discretion built into detailed allocation calculations.
Practical effect: water users, licence holders, infrastructure operators and landowners must conform to specified flow/volume caps and to administrative processes (eg notices, applications, supporting evidence, potential engineer certification). The chief executive is the central decision authority, required in many places to consider enumerated matters and given discretion in others (see ss 22, 23, 33, 55-56, 69, 76). Assessment consistency is tied to a specific hydrological model (IQQM) unless an alternative is approved (s 36), linking compliance and planning outcomes to the availability, calibration and interpretation of that model.
Main concepts
This instrument revolves around a small set of interlocking legal and technical concepts that determine how water may be used in the plan area. The main concepts, taken from the text, are:
Environmental flow objectives and performance indicators (ss 16-17; sch 4). The instrument does not itself state prose objectives here but directs users to schedule 4, which translates objectives into quantifiable metrics at specific nodes (eg percentages of days meeting 50%-90% non-zero flows, seasonal percentages, counts of no-flow events, mean/median flow percentages, and multi‑year volumes). The “simulation period” and “pre-development flow pattern” are operational concepts used in the schedules to compare present performance against historical or modelled baselines (sch 4).
Water allocation security objectives and performance indicators (ss 18-19; sch 5). The instrument divides users into priority groups (A, A1, A2, A3 for supplemented water) and allocation groups (1, 2 for unsupplemented water), then prescribes shared-index targets (annual/monthly, 90% or 75% sharing indices for certain groups) and unsupplemented sharing indices at 30/50/70% levels and an annual volume probability (s 19; sch 5).
Supplemented versus unsupplemented water. Supplemented water is flow that is regulated and distributed via infrastructure (schematically those allocations are managed under resource operations licences and distribution operations licences, ss 37-38). Unsupplemented water is taken from streamflow or groundwater directly and has different conversion and licence rules (Pt 5 div 3 and div 3 sdiv 1/2; ss 50-66).
Unallocated water classified as general or strategic (ss 27-29; sch 6). General unallocated water may be granted for any purpose (s 28(1)), whereas strategic unallocated water may be granted only for a State purpose and is time‑limited to the life of a project of State or regional significance (s 28(2), s 30). The chief executive has a discrete role in designating regional significance (s 31).
Flow conditions, daily and annual volumetric limits, maximum rates and nominal entitlements (ss 51-57, 61-65, 75-76). The instrument prescribes the form and calculation of these elements for allocations and licences. Where authorisations or development permits state pump sizes, schedule 7 provides tabulated conversions to maximum rates and daily volumetric limits (ss 55-56 refer to sch 7). Where statements are absent, the chief executive decides amounts using specified factors (type of authorisation, estimates/measurements, capacity and historical use, ss 55-57, 63-65).
Use of hydrological modelling for assessment: IQQM is the default method for assessing consistency with objectives (s 36), with the chief executive empowered to approve alternatives only if they are demonstrably at least as accurate (s 36(2)-(3)). The schedules repeatedly reference the “simulation period”, linking regulatory compliance to model outputs.
Transitional authorisations and notice processes for existing works (ss 68-69 for overland flow; ss 73-74 for groundwater). Owners of land with existing works may continue taking water for one year, and beyond that if they give notice in the approved form and supply further requested information. For continued use, the chief executive may require certified engineering information (s 69(3)-(4)).
Limits on overland flow and groundwater extraction (ss 67, 72). The instrument narrows the instances where overland flow water and groundwater may be lawfully taken free of licence or permit: it confines such taking to defined categories and requires licences or permits for others (s 67(2); s 72(2)).
These concepts create an administrative and technical architecture: objectives and indicators in schedules (legal norms), assessment via IQQM (technical rule), and chief executive decisions and conversion mechanics (administrative operation). The architecture places a premium on data (past extraction estimates, pump capacities, irrigation areas), submission formats and model outputs. The schedules translate ecological and security aims into numeric rules that will be applied when the resource operations plan and licensing decisions are made.
Who it affects
This instrument allocates decision‑making authority and ongoing obligations across a number of identifiable groups. The main affected parties, and how they are affected according to the text, are:
Current holders of authorisations to take water (water licences, interim allocations, or other authorisations). They are subject to conversion mechanics: many existing authorisations are to be converted to water allocations or water licences with specified elements (ss 50-57 and 61-66). Conversion may change the stated purpose (ss 53, 62, 77), daily/annual limits (ss 56-57, 64-65), maximum rates (ss 55, 63) and nominal entitlements (ss 54, 65, 76). Those holders must supply historical usage information and may have entitlements adjusted according to the chief executive’s methods (s 76).
Prospective applicants for unallocated water. General unallocated water may be granted for any purpose but strategic unallocated water is limited to State purposes and project life (ss 27-31). Chief executive consideration factors (s 33) include purpose, efficiency of use, availability of alternatives, impacts on existing users and risk to groundwater flows. Applicants for water licences to use existing overland flow works must expect the chief executive to consider historical annual volumes and may be required to provide a registered professional engineer’s certificate (s 69).
Distribution infrastructure owners and resource operations licence holders. Certain conversions link specific allocations to distribution operation licences: water allocations converted from authorisations to be distributed through Kelsey Creek Water Board or Six Mile Creek Water Supply Board infrastructure become subject to those bodies’ distribution operation licences (s 38). Resource operations licence holders will be bounded by environmental management and infrastructure operating rules that the chief executive determines having regard to ecological and operational matters (ss 22, 39).
Landowners with existing overland flow works or groundwater works. Owners of land on which existing works are situated are given a transitional right to continue taking water for one year after the “plan notification day” and may extend that by timely notification (ss 68, 73). However, that transitional entitlement ends if they are later granted a water licence relating to the works (ss 68(4), 73(4)). They may be required to supply details or engineering certificates in allocation processes (s 69).
Operators and users whose activities intersect cultural or ecological values (eg users taking water from waterholes). The chief executive must consider impacts on cultural and ecological values when making decisions about taking unsupplemented water from waterholes and must impose conditions to maintain those values unless satisfied of no adverse effect or that a condition would cause economic hardship to a holder whose authorisation immediately preceded plan notification day (s 49).
All users and decision makers subject to the modelled assessment regime. The IQQM simulation is the default assessment tool for consistency with both environmental and allocation security objectives (s 36). That affects anyone whose licence, allocation or project needs to demonstrate consistency with the objectives, including infrastructure operators, licence applicants and the chief executive when designing operating rules.
The State (executive). The instrument creates a mechanism for the State to hold strategic unallocated water and grant it for State purposes, including projects of State significance and defined regional projects (ss 28, 30-31). Those grants are time‑limited and return rights to the State on project completion (s 30(2)).
Who pays: the direct burdens fall primarily on water users and applicants. They must supply evidence (engineer’s certificates, historical usage, development permit details), comply with flow and volumetric conditions (ss 55-57, 63-65, 75-76), and potentially prepare land and water management plans where irrigation is involved (s 33). The chief executive and the administering department incur administrative costs: modelling with IQQM, evaluation of evidence, and operational enforcement. Infrastructure bodies named in the instrument (Kelsey Creek and Six Mile Creek water boards) face allocation changes for converted allocations (s 38), which may impact their distribution obligations.
Who decides: the chief executive is central. The instrument repeatedly requires the chief executive to consider mandatory matters (ss 22, 23, 33) and gives the chief executive express decision‑making roles in approving alternative assessment methods (s 36), deciding maximum rates/limits where not stated (ss 55-56), deciding nominal entitlements and higher-volume adjustments (s 54, s 76), and granting transitional or replacement licences (ss 68-69, 73-74). The resource operations plan (and processes stated under s 212 of the Act) operationalises these choices.
In short, the instrument affects current entitlement holders, prospective applicants, infrastructure operators, landowners with existing works, and the executive. It reallocates administrative and evidentiary burdens to users while vesting evaluative discretion in the chief executive, and binds operational assessments to a specified model unless an alternative is approved.
Key duties and rights
The instrument creates a set of duties, conditions and rights for both water users and the chief executive. The following summarises the principal obligations and entitlements as stated in the text:
Duties and obligations on the chief executive
To consider enumerated ecological, hydrological, cultural and social matters when deciding environmental management rules for the resource operations plan (s 22(1)). These matters include connectivity of low‑flow habitats, wetted habitats, seasonality and zero flows, groundwater contributions, lateral connectivity, and impacts of taking/interference on water quality, sediment and nutrient movement, habitat inundation, fish movement, recreation, aesthetic and cultural values (s 22(1)(a)-(b)).
To consider prescribed matters when devising water sharing rules (s 23). For supplemented water, consider existing sharing rules and links between supply arrangements and natural streamflow. For unsupplemented water/groundwater, consider existing arrangements, local availability, conditions decided under s 58, daily volumetric limits (s 64) and nominal entitlements (s 65), and the impact on authorisations (s 23(1)).
To use the IQQM computer program simulation for assessing consistency with the environmental flow objectives and water allocation security objectives, or approve an alternative only if satisfied it is at least as accurate (s 36).
To decide maximum rates, daily volumetric limits and nominal entitlements where authorisations or development permits do not provide explicit figures, applying the factors listed (eg type of authorisation, estimates, pump capacity, historical usage, efficiency) (ss 55-57, 63-65, 76).
To consider historical average annual volumes and estimated taken volumes when allocating replacement water licences for existing overland flow works and to require certificated engineering information if needed (s 69).
To impose conditions relating to flow conditions on licences and allocations where necessary to ensure the purposes and outcomes of the plan are achieved (s 66).
Duties and obligations on water users, licence and entitlement holders
Where conversions occur, allocations and licences must state specified elements: the maximum rate, daily volumetric limit, annual volumetric limit/nominal entitlement and, if applicable, flow conditions and purpose (ss 51, 56-57, 61-65, 75).
Holders must comply with flow conditions attached to general unallocated water grants (s 32) that prevent taking that would be required to maintain various connectivity and habitat objectives.
Owners of existing overland flow works or groundwater works who wish to continue taking water beyond one year after the plan notification day must give notice to the chief executive in the approved form and supply further information as required (ss 68(3), 73(3)).
Applicants or owners may be required to provide a registered professional engineer’s certificate containing information about capacity and take rates for works when requested by the chief executive as part of allocation processes (s 69(4)).
Where a water licence converts or replaces an existing licence, the purpose stated may change to a standard term (‘rural’, ‘stock and domestic’ or ‘any’) as prescribed (ss 53, 62, 77).
For unsupplemented water taken from waterholes, water users must accept that the chief executive will consider cultural and ecological impacts and may impose conditions to maintain such values; an economic‑hardship exemption applies only for licences or allocations that replace authorisations in force immediately before the plan notification day (s 49).
Rights and entitlements of water users and the State
Holders have an entitlement defined by the allocation/licence elements: maximum rate, daily and annual volumetric limits and nominal entitlement (ss 51-57, 61-65, 75-76). Those figures determine the legal right to take water under the plan.
Owners of existing works have a limited transitional right to continue taking water for one year after the plan notification day, and by giving notice in the approved form (ss 68(2)-(3), 73(2)-(3)) they may continue subject to conditions until a licence is issued or the entitlement otherwise ceases.
The State retains the right to hold strategic unallocated water and to grant it only for State purposes and for the life of projects of State or regional significance, with the chief executive able to designate regional significance by reference to outcomes in chapter 3 and regional public interest considerations (ss 28-31, 30(2)).
Procedural and evidentiary duties
The instrument imposes specific evidentiary duties on applicants and holders: where development permits state pump sizes, schedule 7 determines default rates/limits but holders may satisfy the chief executive with measurements and evidence that the maximum rate or daily limit is different; when historic use is relied on, the chief executive must consider a rolling 10‑year period and other factors such as hours of operation and irrigation area (ss 55-56, 57, 76).
The resource operations plan must state the process for dealing with unallocated water and may require land and water management plans approved under the Act for irrigation use of water licences granted under s 212 of the Act (s 33).
In sum, duties fall on both the administrative authority (chief executive) to consider and decide within enumerated terms and on water users to provide evidence, accept specified allocation forms and adhere to numeric and flow conditions. Rights are expressed as the concretely stated volumetric and rate entitlements on licences and allocations, and as transitional continuance rights for existing works subject to notice and conversion regimes.
Penalties and enforcement
The excerpt provided does not include express penalty provisions or a freestanding enforcement chapter. The instrument focuses on objectives, allocation mechanics, conversion rules and administrative processes, and repeatedly references actions and decisions by the chief executive (eg ss 22, 23, 33, 36, 55-56, 69, 76). The text as provided supplies no standalone offence sections, fine schedules or enforcement procedures.
Practical consequences from the text for enforcement and compliance:
Compliance will be judged against the elements set out on allocations and licences (maximum rate, daily/annual volumetric limits, flow conditions, purpose and nominal entitlements) that the instrument requires be stated on those instruments (ss 51, 56-57, 61-65, 75). Breach of those instrument conditions will therefore be the natural locus of enforcement under the regulatory regime created by the primary Act (the instrument repeatedly cross‑references the Act and resource operations plan processes under s 212 of the Act, eg ss 33, 69, 74). The provided text, however, does not itself set out the enforcement machinery.
Administrative assessment, modelling and evidence requirements (eg use of IQQM for assessing consistency, s 36; requirement to provide engineering certificates, s 69; notice obligations for existing works, ss 68, 73) create compliance risk and administrative gate points. Failure to provide required notices, certificates or evidence will impede entitlement continuance or replacement under the processes described; the instrument makes clear the chief executive may require and consider such information (s 69).
Where the instrument imposes conditions on licences or allocations (eg flow conditions under s 32 for general unallocated water or s 66 for unsupplemented licences), those conditions are the legal terms users must follow; the instrument gives the chief executive authority to impose conditions necessary to achieve plan purposes (s 66).
For transitional use of existing works, the instrument limits duration (one year after plan notification day) unless earlier replacement by a licence or unless a notice in approved form is given; the mechanism is administratively enforced by cut‑offs rather than criminal sanctions set out in this text (ss 68(2)-(3), 73(2)-(3)).
Because this excerpt does not disclose penalty clauses, practitioners and compliance professionals must consult the primary Act and the resource operations plan (referred to frequently, eg s 33 and s 212 of the Act) to identify the exact sanctioning and enforcement provisions (infringement notices, licence cancellations, injunctions, civil penalties or criminal offences). The instrument does, however, establish the substantive standards and administrative processes which enforcement will apply to, and it creates multiple decision nodes where failure to supply required evidence or to meet modelled objectives would trigger administrative outcomes.
In short, the instrument sets substantive limits and procedural requirements but does not itself specify the penalty or enforcement regime in the provided text; enforcement will operate through the broader statutory framework and the resource operations plan processes referenced by these provisions.
How it interacts with other laws
The instrument expressly cross‑references and interacts with other statutes, regulatory instruments and administrative mechanisms. The text identifies specific interconnections that determine its legal effect:
The primary Act and resource operations plan processes. The instrument is framed as part of a broader Act-based resource operations plan regime and repeatedly references actions taken under the Act, including s 58 (conditions), s 64 (daily volumetric limits), s 65 (nominal entitlements), s 77 (land and water management plan approval), and s 212 (processes under the resource operations plan) (see e.g. ss 23, 33, 69). These cross‑references indicate that the instrument’s rules are operationalised through the resource operations plan and licences issued under the Act.
Environmental Protection Act 1994. Section 67(2)(d) limits overland flow water taking to amounts necessary to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994 or a development permit for an environmentally relevant activity (other than mining or petroleum) under that Act. Thus, environmental approvals under the Environmental Protection Act explicitly interact with water‑taking permissions under this plan (s 67(2)(d)).
Professional Engineers Act 2002. Section 69(5) defines “registered professional engineer” as a person registered under the Professional Engineers Act 2002, and s 69(4) permits the chief executive to require a certificate from such a person that provides capacity and rate information about existing overland flow works. This links technical certification standards under the Professional Engineers Act to evidentiary requirements in water allocation processes.
Departmental technical codes. Section 67(3) references the “Code for assessable development for operational works for taking overland flow water” and makes the code a relevant definitional source for “contaminated agricultural runoff water”. The code is available on the department’s website; the instrument thus incorporates externally maintained technical guidance into its regulatory scope.
Hydrological modelling standards and administrative approvals. The IQQM computer program is prescribed as the default assessment tool for consistency with environmental and allocation security objectives (s 36). The chief executive may approve alternative methods only if satisfied they are at least as accurate (s 36(2)-(3). This ties compliance and planning to a specific modelling standard and an administrative approval process for departures.
State project and public interest tests. Granting of strategic unallocated water is limited to State purposes (s 28) and projects of State or regional significance (s 30). Section 31 sets the matters the chief executive may consider in designating regional significance, including outcomes under chapter 3, economic and social impact, public interest and welfare. That creates an administrative interface between water allocation decisions and broader public policy and planning regimes.
Development permits and land management approvals under the Act. Section 33(4) requires that the resource operations plan state that irrigation use of water taken under a water licence granted under s 212 requires a land and water management plan approved under s 77 of the Act. Section 77 here is a statutory cross‑reference linking water licences to land and water management planning requirements under the Act.
Temporal interaction with existing authorisations. The instrument explicitly contemplates conversion of authorisations in force immediately before the plan notification day (eg s 49(3)(b) economic hardship exception; ss 50, 68, 73 dealing with transitional rights). That means historical authorisations and development permits remain relevant inputs to the chief executive’s decisions and evidence base for nominal entitlements, pump capacity and historic annual volumes (see s 76).
Where the provided text is silent, it does not displace or replicate the enforcement, appeal, or offence provisions of the parent Act. The instrument is designed to operate inside that larger legal framework: it supplies the objectives, numeric targets, allocation mechanics and evidentiary requirements to be implemented through the resource operations plan and Act processes (eg s 212). Practitioners must therefore view this instrument as a component of a layered regulatory system that includes environmental approval regimes, professional certification requirements, technical codes, modelling standards and the enforcement and appeal mechanisms contained in the overarching Act.
Amendment history
The text carries explicit amendment and omission annotations embedded in the provision statements. Those notes indicate which sections have been omitted or amended by later legislative instruments. The amendments and omissions recorded in the provided text are:
Section 21: marked “s 21 om 2014 SL No. 142 s 238” (indicating section 21 was omitted by 2014 subordinate legislation No. 142, section 238).
Section 24: marked “s 24 om 2014 SL No. 142 s 239” (section 24 omitted by the same 2014 subordinate legislation).
Section 26: header shows “s 26 om 2014 SL No. 142 s 240” (section 26 omitted by 2014 SL No. 142 s 240).
Sections 40-47: each carries “s 40 om 2014 SL No. 142 s 242” (and equivalents for 41-47), indicating removal or omission by the 2014 subordinate legislation reference s 242.
Section 70: marked “s 70 om 2016 SL No. 216 s 146 sch 20” (omitted by 2016 subordinate legislation No. 216).
Section 78: shows “s 78 amd 2014 Act No. 29 s 164 om 2016 SL No. 216 s 146 sch 20” (amended by 2014 Act No. 29 s 164 and later omitted by 2016 subordinate legislation).
Section 67: annotated “s 67 amd 2013 Act No. 23 s 352 sch 1 pt 2” indicating an amendment by the 2013 Act No. 23 s 352 Schedule 1 part 2.
Section 72: annotated “s 72 amd 2013 Act No. 23 s 352 sch 1 pt 2” indicating the same 2013 amendment source for the groundwater limitation provision.
Section 51: shows a note “s 51 sub 2014 SL No. 142 s 243” (substitution by 2014 subordinate legislation No. 142 s 243).
Sections 55, 56, 63, 64: each shows “sub 2014 SL No. 142” or “amd/sub” notations and specific section numbers (eg s 55 and s 56 include “s 55 sub 2014 SL No. 142 s 243”; s 63 and s 64 “s 63 sub 2014 SL No. 142 s 244” etc), indicating substitution/amendment by the 2014 subordinate legislation.
Section 62: annotated “s 62 amd 2016 SL No. 216 s 146 sch 20” indicating amendment by 2016 subordinate legislation No. 216 s 146 sch 20.
Section 63 and 64 also include “s 63 sub 2014 SL No. 142 s 244” and “s 64 sub 2014 SL No. 142 s 244.”
Section 77: marked “s 78 amd 2014 Act No. 29 s 164 om 2016 SL No. 216 s 146 sch 20” which suggests a subsequent change, as noted above (the cross‑reference is contained in text).
Other scattered amendment annotations appear adjacent to subsections (for example many subsections repeat the paragraph in an expanded “(sec.xx-ssec.1)” form), and there are multiple inline “s N sub/amd/om Year Act No. / SL No.” notes.
The instrument as provided contains these embedded historical notes but does not supply the full legislative instruments’ text or effective dates beyond the legislative citations. Those citations identify the subordinate legislation (SL) or Act that amended, substituted or omitted certain sections and allow readers to locate the primary amendment instruments for full legislative history and commencement detail. Practitioners requiring precise amendment timing, transitional provision details or the full history should retrieve the cited instruments:
2013 Act No. 23 s 352 sch 1 pt 2 (amendments to ss 67 and 72).
2014 SL No. 142 (multiple substitutions/omissions across many sections , s 238-244 referenced).
2014 Act No. 29 s 164 (amendment noted against s 78/77).
2016 SL No. 216 s 146 sch 20 (used to omit or amend sections referenced).
Because the instrument includes omission notes, some sections shown as omitted will no longer be in force; the omitted markers in the provided text indicate that those parts should not be treated as operative. Where the instrument itself cross‑references the Act or other statutory provisions (eg s 212 of the Act), any amendments to those other provisions will also affect the practical effect and implementation of the rules described here.
Litigation history
The provided text contains no references to judicial or tribunal decisions, appeal outcomes, or litigation that interpret or challenge any provision of this instrument. It names no cases, no precedent‑setting decisions and does not record any litigation history or administrative review outcomes.
Practical implications for practitioners and stakeholders from the absence of litigation references in the instrument:
There is likely no body of reported authority specifically construing these provisions available within the document. Where questions of interpretation arise (for example, the scope of “strategic unallocated water” or the degree of deference owed to the chief executive’s assessment of model alternatives under s 36), parties will need to consult the parent Act, the resource operations plan, relevant administrative decisions and any later reported litigation.
Because the instrument relies heavily on technical measures (IQQM modelling, simulation periods, pre‑development flow patterns, schedule thresholds), disputes are likely to be technical and fact‑specific. Absent litigation in the instrument, stakeholders should expect potential administrative reviews or appeals under the Act’s review mechanisms , the procedures and outcomes of which are not recorded in the provided text.
The instrument contemplates significant chief executive discretion (eg approval of alternative modelling methods s 36, deciding nominal entitlements s 76, and designating regional significance s 31). Where that discretion is exercised, legal challenges , if they occur , will likely focus on whether statutory considerations were observed, whether decisions were rational and whether evidentiary requirements were met. However, no such authorities are cited in the text itself.
Given the absence of litigation history, practitioners should maintain a record of administrative decisions and be prepared to test or seek review of decision‑making through the review or appeal routes provided by the Act and general administrative law but must consult those sources directly because this instrument gives no litigation guide.
Gotchas
This instrument contains several technical and procedural features that create practical pitfalls for users, applicants, infrastructure operators and advisers. The following are specific, source‑grounded “gotchas” to watch for:
IQQM as default assessment tool and limited headroom for alternatives (s 36). The instrument mandates the IQQM simulation for assessing consistency with fishery and allocation objectives; alternatives are only permitted if the chief executive is satisfied they are at least as accurate. Practically, that centralises assessment on a specific model and on the chief executive’s evaluation of technical equivalence. Applicants proposing alternative hydrological methods should expect rigorous technical scrutiny and must prepare evidence comparing methods to IQQM outputs (s 36(2)-(3)).
Multiple numeric metrics with node‑by‑node thresholds in schedule 4 (sch 4). Environmental compliance is measured using a battery of indicators (50/80/90% non‑zero daily flow, seasonal percentages, counts of no‑flow events, mean/median annual flows, multi‑year volumes, annual proportional flow deviation). A project or water sharing regime may satisfy some metrics while failing others; the schedules set node‑specific thresholds that require careful model calibration and local analysis.
Chief executive discretion in many calibration points (ss 22, 23, 33, 55-56, 63-65, 69, 76). Where the instrument does not provide a formula, the chief executive determines the figure after considering a list of factors. For example, maximum rates and volumetric limits where an authorisation does not specify them are set by the chief executive having regard to pump size, type of authorisation and estimates of take (ss 55-56). That creates risk of directionally different outcomes across applications if evidentiary bases differ.
Historical use evidentiary requirements and caps (s 76). Nominal entitlements for existing groundwater works are limited by a set of explicit caps (eg 5 ML/ha for irrigation, 10 ML for other uses, 1 ML/ha of aquifer availability), and the chief executive may rely on estimated volumes over a rolling up‑to‑10‑year period. Owners relying on higher historical volumes must be prepared with cogent data on capacity, operation hours and irrigation extent (s 76).
Transitional continuance rights are time‑limited and conditional (ss 68-69, 73-74). Owners of existing overland flow works or groundwater works can continue using them for one year after plan notification day and longer only if they give notice in the approved form. Failure to provide notice or required information within the period will remove the continuing authorisation and potentially expose the owner to licence application outcomes that could be less favourable (ss 68(2)-(3), 73(2)-(3)).
Overland flow and groundwater liberalities are narrowed (ss 67, 72). Where users previously relied on general rights to take overland flow or groundwater without licence, those rights are restricted to specific categories (stock/domestic, small capacity works ≤ 20 ML, licences, certain environmental authority or development permit requirements, contaminated agricultural runoff). Practitioners must check whether existing practice falls within the narrower exemptions or requires licence/permit regularisation (s 67(2), s 72(2)).
Pump size schedule dependencies (ss 55-56 referencing sch 7). Where a development permit lists a pump size found in schedule 7, the instrument gives a default maximum rate and daily volumetric limit. If the pump size is not listed, the chief executive decides the appropriate rate having regard to similar sizes. Operators should verify development permit pump sizes and be ready to produce measurements if they seek a different rate (s 55(1)(b)-(c); s 56(1)(b)-(c)).
Flow conditions may be attached to general unallocated water and licences (ss 32, 66). Any general unallocated water grant used for groundwater or surface water (other than stock/domestic) must include flow conditions preventing taking required to maintain key habitat connectivity and flow features (s 32). For unsupplemented licences the chief executive may impose flow conditions necessary to achieve plan outcomes (s 66). Practitioners must factor the operational constraints of such conditions into commercial and project planning.
Conversion may change the stated purpose. When authorisations convert to allocations or licences, the instrument may recast purposes into standard categories (eg ‘rural’, ‘stock and domestic’, ‘any’) (ss 53, 62, 77). That recategorisation can affect future permitted uses and compliance obligations; holders should check the precise purpose applied on a replacement instrument.
Strategic unallocated water is time‑limited and restricted to State purposes (ss 28-31). Applicants for strategic water must satisfy the chief executive on project significance and accept that water returns to the State on project completion (s 30(2)). Expect focused scrutiny of public interest, economic and social outcomes for regional significance designations (s 31).
No penalties or enforcement machinery in the provided excerpt. The instrument sets conditions and processes but does not itself articulate sanctions or enforcement steps; those will be found in the primary Act and resource operations plan. Practitioners should not assume enforcement thresholds or breach consequences from this instrument alone.
Cultural/ecological values impose conditions on waterhole taking, with an economic-hardship carve-out that applies narrowly (s 49). Holders converting from pre‑notification authorisations may escape new conditions on waterholes only if the chief executive is satisfied that imposing the condition would cause economic hardship. That exception is administratively determined and fact‑sensitive.
These “gotchas” derive directly from the provisions. They indicate where technical preparation, documentary evidence and early engagement with the department (for modelling, evidence standards, notices and certification) will materially affect outcomes.
How to comply
This section sets out a practical, source‑grounded compliance checklist and recommended steps for licence/authorisation holders, applicants for unallocated water, landowners with existing works, infrastructure operators and advisers. Each action traces to the specific provision(s) in the instrument.
Identify whether your water taking is supplemented, unsupplemented or overland flow/groundwater and check applicable parts
Supplemented water strategies are in Pt 5 Div 2 (eg resource operations and distribution licences, ss 37-39).
Unsupplemented water conversion rules are in Pt 5 Div 3 (ss 48-66).
Overland flow (ss 67-69) and groundwater (ss 72-76) have specific restrictions and transitional regimes.
Action: map each water-taking point to the instrument’s category (supplemented, unsupplemented, overland flow, groundwater).
If you hold an existing authorisation or operate existing works, act on notice and transitional timing requirements
Existing overland flow works owners may continue for one year post plan notification day and may extend by giving approved-form notice and further information to the chief executive (s 68(2)-(3)). Similar transitional rule for existing groundwater works in undeclared areas (s 73(2)-(3)).
Note: the authorisation under these transition provisions ends if the holder is granted a water licence relating to the works (ss 68(4), 73(4)).
Action: prepare and lodge the approved-form notice within the transitional window; assemble supporting information (site maps, operation logs, development permits).
Prepare evidence to support rate, daily and annual volume calculations
If your authorisation states a maximum rate or daily/annual volume, those numbers flow through to allocations/licences (ss 55(1)(a), 56(1)(a), 57(1)(a)).
If the authorisation lacks explicit rates/volumes but you have a development permit citing a pump size, cross‑check schedule 7 for defaults; if the development permit lists a different pump size than schedule 7, the chief executive will decide by analogy or on evidence (ss 55(1)(b), 56(1)(b)).
Where figures are to be decided by the chief executive, you must supply evidence on pump capacity, historical operation hours, irrigation area and use efficiency. For groundwater nominal entitlements the chief executive will consider capacity, hours, estimated volumes for irrigation or other uses, efficiency, aquifer availability and bore density (s 76).
Action: compile certified pump specs, development permits, metered records, irrigation area maps, crop records, hours‑of‑operation logs, and any historical measurement data for the relevant up‑to‑10‑year period.
Anticipate and document modelling requirements using IQQM
The IQQM computer program’s simulation for the simulation period is prescribed for assessing consistency with environmental flow objectives and water allocation security objectives (s 36).
If you propose an alternative assessment method, be prepared to demonstrate to the chief executive that it is at least as accurate as IQQM (s 36(2)-(3)).
Action: engage hydrological modellers experienced with IQQM; obtain calibrated model runs for the simulation period and for the specific nodes identified in schedule 4/5; document assumptions and sensitivity analyses to support any alternative method application.
If applying for water under unallocated water processes, follow the resource operations plan process and show consideration of prescribed factors
The resource operations plan will set the process for unallocated water (s 33(1)). In preparing applications or proposals, consider the matters the chief executive must have regard to: purpose, efficiency, extent of existing taking, availability of alternative supplies, impacts on existing users and operations, groundwater effects, and the environmental matters in s 22(1) (s 33(2)).
If irrigation use is planned with a water licence under s 212, the resource operations plan will require a land and water management plan approved under s 77 of the Act (s 33(4)).
Action: assemble applications that address each s 33(2) factor, include land and water management plans where irrigation, and include mitigation measures for impacts on existing operations.
Prepare for potential conditions related to cultural and ecological values (waterholes)
For unsupplemented water from waterholes the chief executive must consider cultural/ecological impacts and impose conditions to maintain those values unless satisfied of no adverse effect or economic hardship for pre‑notification replacement holders (s 49).
Action: obtain cultural heritage and ecological assessments for waterholes in question; prepare economic hardship submissions if you are a pre‑notification holder and a condition would threaten viability.
For existing overland flow works, be ready to provide engineering certification
If the resource operations plan includes a process for allocating water licences to replace transitional authorisation under s 68, the chief executive may require a certificate from a registered professional engineer containing work capacity and take rate information (s 69(4)-(5)).
Action: engage a registered professional engineer under the Professional Engineers Act 2002 to assess capacity and take rates and prepare a certificate in the form likely required.
Ensure daily volumetric limits do not exceed total daily volume at the maximum rate
The chief executive is required to ensure the daily volumetric limit for an allocation is not more than the total volume that could be taken in a day at the maximum rate decided for the allocation (s 56(3)).
Action: when proposing daily limits, calculate maximum daily volume at maximum rate and ensure the daily limit is not higher; provide the calculations to the department.
Understand categorisation and purpose recoding on conversions
Conversion of authorisations may change the stated purpose to standard labels (eg ‘rural’, ‘stock and domestic’, ‘any’) which can alter permitted activities (ss 53, 62, 77).
Action: check how your authorisation’s purpose will be recast on the allocation/licence and assess whether that affects your intended use.
For strategic unallocated water, understand the State‑purpose limitation and project life term
Strategic unallocated water may be granted only for State purposes and for the life of the project; on project conclusion the right returns to the State (ss 28(2), 30(2)). The chief executive may declare regional significance having regard to chapter 3 outcomes and regional public interest (s 31).
Action: if seeking strategic water, prepare a project brief aligned with regional/state significance criteria and account for termination of entitlement on project conclusion.
Keep careful records and contemporaneous evidence
Many chief executive decisions are evidence‑driven (ss 55-56, 69, 76). Records of pump capacities, pump curves, metering, irrigation areas, crop water use, and operation logs for up to 10 years are directly relevant to nominal entitlements and volumetric determinations.
Action: ensure accurate metering, retain permalogs, maintain pump certification, and keep statutory notices and correspondence with the department.
Seek early administrative engagement
Given the large amount of chief executive discretion and the technical modelling dependency under s 36, early engagement with the department on modelling approaches, evidence sufficiency, and application processes under the resource operations plan is prudent.
Action: request pre‑application meetings, model run specifications and departmental guidance on acceptable forms for notices and certificates. Where alternative modelling methods are proposed, request an initial view from the department on acceptability and data requirements.
Check and follow the resource operations plan and primary Act for enforcement and appeals
Because the instrument does not itself set enforcement provisions, compliance outcomes, sanctions and appeal routes will be found in the resource operations plan and the parent Act (frequently referenced, eg s 212). Consult those instruments for rights of review and enforcement procedures.
Action: obtain copies of the current resource operations plan and the relevant sections of the Act; determine appeal/review windows and enforcement mechanisms that apply to breaches of licences/allocations.
In practice, compliance under this instrument is a combination of technical preparedness (IQQM modelling, pump and bore certification, metering), administrative timeliness (notice within 1 year for transitional works) and documentary sufficiency (development permits, engineer certificates, land and water management plans). The chief executive’s central role in approving alternatives, setting rates where absent and considering historical use means that applicants and holders should build a robust evidentiary record and seek early department engagement.
Part ch.4-pt.3Water allocation security objectives
(v) 80% non-zero daily flow in a water flow season; and
(vi) a period of no flow of at least 30 consecutive days; and
(vii) a period of no flow of at least 90 consecutive days; and
(i) mean annual flow; and
(ii) median annual flow; and
(iii) 1.5 year daily flow volume; and
(iv) 5 year daily flow volume; and
(v) 20 year daily flow volume; and
(vi) annual proportional flow deviation.
ch.4-pt.3 Water allocation security objectives
Water allocation security objectives
sec.18 Water allocation security objectives
sec.18 Water allocation security objectives
The water allocation security objectives for this plan are stated in—
for water allocations to take supplemented water— schedule 5 , part 1 ; and
for water allocations to take unsupplemented water— schedule 5 , part 2 .
(a) for water allocations to take supplemented water— schedule 5 , part 1 ; and
(b) for water allocations to take unsupplemented water— schedule 5 , part 2 .
sec.19 Performance indicators for water allocation security objectives
sec.19 Performance indicators for water allocation security objectives
The performance indicators for the water allocation security objectives for taking supplemented water are—
for priority groups A and A1—
annual supplemented water sharing index; and
monthly supplemented water sharing index; and
for priority group A2—
90% annual supplemented water sharing index; and
90% monthly supplemented water sharing index; and
for priority group A3—
75% annual supplemented water sharing index; and
75% monthly supplemented water sharing index.
The performance indicators for the water allocation security objectives for taking unsupplemented water are—
30% unsupplemented water sharing index; and
50% unsupplemented water sharing index; and
70% unsupplemented water sharing index; and
annual volume probability.
(sec.19-ssec.1) The performance indicators for the water allocation security objectives for taking supplemented water are— for priority groups A and A1— annual supplemented water sharing index; and monthly supplemented water sharing index; and for priority group A2— 90% annual supplemented water sharing index; and 90% monthly supplemented water sharing index; and for priority group A3— 75% annual supplemented water sharing index; and 75% monthly supplemented water sharing index.
(sec.19-ssec.2) The performance indicators for the water allocation security objectives for taking unsupplemented water are— 30% unsupplemented water sharing index; and 50% unsupplemented water sharing index; and 70% unsupplemented water sharing index; and annual volume probability.
(a) for priority groups A and A1— (i) annual supplemented water sharing index; and (ii) monthly supplemented water sharing index; and
(i) annual supplemented water sharing index; and
(ii) monthly supplemented water sharing index; and
(b) for priority group A2— (i) 90% annual supplemented water sharing index; and (ii) 90% monthly supplemented water sharing index; and
(i) 90% annual supplemented water sharing index; and
(ii) 90% monthly supplemented water sharing index; and
(c) for priority group A3— (i) 75% annual supplemented water sharing index; and (ii) 75% monthly supplemented water sharing index.
(i) 75% annual supplemented water sharing index; and
(ii) 75% monthly supplemented water sharing index.
(i) annual supplemented water sharing index; and
(ii) monthly supplemented water sharing index; and
(i) 90% annual supplemented water sharing index; and
(ii) 90% monthly supplemented water sharing index; and
(i) 75% annual supplemented water sharing index; and
(ii) 75% monthly supplemented water sharing index.
(a) 30% unsupplemented water sharing index; and
(b) 50% unsupplemented water sharing index; and
(c) 70% unsupplemented water sharing index; and
(d) annual volume probability.
ch.5-pt.1 Strategies for both surface water and groundwater
Strategies for both surface water and groundwater
ch.5-pt.1-div.1 General provisions
General provisions
sec.20 Application of pt 1
sec.20 Application of pt 1
This part applies to both surface water and groundwater.
Section sec.21
s 21 om 2014 SL No. 142 s 238
sec.22 Matters to be considered for environmental management rules
sec.22 Matters to be considered for environmental management rules
In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider—
the streamflows required to maintain the following—
the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
the wetted habitats at riffles and other streambed features;
the natural seasonality of flows and zero flows;
the replenishment of refuge pools that enable movement of instream biota;
groundwater flows;
the contributions from aquifers to the flow of water in watercourses;
the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
the impact the taking of, or proposed taking of, or interfering with, water may have on the following—
water quality;
the natural movement of sediment and nutrients;
the inundation of habitats;
the movement of fish and other aquatic animals;
the recreation and aesthetic values of the plan area;
cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.22-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive is to consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment and nutrients; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(sec.22-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment and nutrients; (iii) the inundation of habitats; (iv) the movement of fish and other aquatic animals; (v) the recreation and aesthetic values of the plan area; (vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) water quality;
(ii) the natural movement of sediment and nutrients;
(iii) the inundation of habitats;
(iv) the movement of fish and other aquatic animals;
(v) the recreation and aesthetic values of the plan area;
(vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
(i) the longitudinal connectivity of low flow habitats throughout the subcatchment areas in the plan area;
(ii) the wetted habitats at riffles and other streambed features;
(iii) the natural seasonality of flows and zero flows;
(iv) the replenishment of refuge pools that enable movement of instream biota;
(v) groundwater flows;
(vi) the contributions from aquifers to the flow of water in watercourses;
(vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
(i) water quality;
(ii) the natural movement of sediment and nutrients;
(iii) the inundation of habitats;
(iv) the movement of fish and other aquatic animals;
(v) the recreation and aesthetic values of the plan area;
(vi) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
sec.23 Matters to be considered for water sharing rules
sec.23 Matters to be considered for water sharing rules
In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive is to consider—
for rules relating to supplemented water—
any existing water sharing rules; and
the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
for rules relating to unsupplemented water or groundwater—
any existing water sharing arrangements; and
the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and
the conditions for taking water decided under section 58 ; and
the daily volumetric limits decided under section 64 ; and
the nominal entitlements decided under section 65 ; and
the impact of the rules on authorisations to take water in the plan area.
Subsection (1) does not limit the matters the chief executive may consider.
In this section—
existing water sharing rules means water sharing rules in force on the plan notification day.
existing water supply arrangements means water supply arrangements in place on the plan notification day.
(sec.23-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive is to consider— for rules relating to supplemented water— any existing water sharing rules; and the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and for rules relating to unsupplemented water or groundwater— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and the conditions for taking water decided under section 58 ; and the daily volumetric limits decided under section 64 ; and the nominal entitlements decided under section 65 ; and the impact of the rules on authorisations to take water in the plan area.
(sec.23-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
(sec.23-ssec.3) In this section— existing water sharing rules means water sharing rules in force on the plan notification day. existing water supply arrangements means water supply arrangements in place on the plan notification day.
(a) for rules relating to supplemented water— (i) any existing water sharing rules; and (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
(i) any existing water sharing rules; and
(ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
(b) for rules relating to unsupplemented water or groundwater— (i) any existing water sharing arrangements; and (ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and (iii) the conditions for taking water decided under section 58 ; and (iv) the daily volumetric limits decided under section 64 ; and (v) the nominal entitlements decided under section 65 ; and (vi) the impact of the rules on authorisations to take water in the plan area.
(i) any existing water sharing arrangements; and
(ii) the local availability of water that may be taken from streamflows, waterholes, bedsands or aquifers; and
(iii) the conditions for taking water decided under section 58 ; and
(iv) the daily volumetric limits decided under section 64
This is an opening excerpt, not the complete document.