Water Act 2000 (Qld)

Water Act 2000

An Act to provide for the sustainable management of water and the management of impacts on underground water, and for other purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Water Act 2000.

2   Purposes of Act and their achievement

(1)The main purposes of this Act are to provide a framework for the following—

(a)the sustainable management of Queensland’s water resources and quarry material by establishing a system for—

(i)the planning, allocation and use of water; and

(ii)the allocation of quarry material and riverine protection;

(b)the sustainable and secure water supply and demand management for the south-east Queensland region and other designated regions;

(c)the management of impacts on underground water caused by the exercise of underground water rights by the resource sector;

(d)the effective operation of water authorities.

(2)For subsection (1)(a), sustainable management is management that—

(a)incorporates the principles of ecologically sustainable development; and

(b)allows for the allocation and use of water resources and quarry material for the economic, physical and social wellbeing of the people of Queensland, within limits that can be sustained indefinitely; and

(c)sustains the health of ecosystems, water quality, water-dependent ecological processes and biological diversity associated with watercourses, lakes, springs, aquifers and other natural water systems, including, where practicable, reversing degradation that has occurred; and

(d)recognises the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; and

(e)enables water resources and quarry material to be obtained through fair, transparent and orderly processes to support the economic development of Queensland; and

(f)builds confidence regarding the availability, security and value of water entitlements and other authorisations; and

(g)promotes the efficient use of water through—

(i)the establishment and operation of water markets; or

(ii)the initial allocation of water; or

(iii)the regulation of water use if there is a risk of land or water degradation; or

(iv)increasing community understanding of the need to use and manage water in a sustainable way; and

(h)facilitates the community taking an active part in planning for the management and allocation of water.

(3)For subsection (2)(g), the efficient use of water—

(a)incorporates water demand management and water conservation measures; or

(b)considers the volume and quality of water required for particular circumstances, including release into the environment.

3   Act binds all persons

(1)This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.

(2)Subsection (1) does not apply to—

(a)the operation of the State Development and Public Works Organisation Act 1971; or

(b)the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971.

Part 2    Interpretation

4   Definitions

The dictionary in schedule 4 defines particular words used in this Act.

5   Meaning of watercourse

(1)A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events—

(a)in a natural channel, whether artificially modified or not; or

(b)in an artificial channel that has changed the course of the stream.

(2)A watercourse includes any of the following located in it—

(a)in-stream islands;

(b)benches;

(c)bars.

(3)However, a watercourse does not include a drainage feature.

(4)Further—

(a)unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is—

(i)upstream of the downstream limit of the watercourse; and

(ii)between the lateral limits of the watercourse; and

(b)a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse.

Note for paragraph (b)—

Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003, would not correspond precisely with the line of the outer bank of a watercourse under this Act.

(5)In this section—

adjoining includes being bounded by, being adjacent to, or abutting.

lateral limits, of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse.

5AA   Watercourse etc. may be mapped

(1)The chief executive may prepare a map (watercourse identification map) identifying any of the following features—

(a)a watercourse (other than its lateral limits);

(c)the downstream limit of a watercourse;

(d)a drainage feature;

(e)a lake;

(f)a spring.

(2)The watercourse identification map must be—

(a)certified by the chief executive as the watercourse identification map as in force from a stated day; and

(b)published, in digital electronic form, on a Queensland Government website.

(3)A feature identified on the watercourse identification map as a watercourse is taken to be a watercourse (to the extent of its lateral limits) for this Act.

(5)A position or feature identified on the watercourse identification map as the downstream limit of a watercourse is taken to be the downstream limit of the watercourse for this Act.

(6)A feature identified on the watercourse identification map as a drainage feature is taken to be a drainage feature for this Act.

(7)A feature identified on the watercourse identification map as a lake is taken to be a lake for this Act.

(8)A feature identified on the watercourse identification map as a spring is taken to be a spring for this Act.

(9)The chief executive must consult with the chief executive of the department in which the Coastal Protection and Management Act 1995 is administered before identifying a feature on the watercourse identification map as the downstream limit of a watercourse.

(10)In this section—

watercourse includes part of a watercourse.

5A   Meaning of outer bank

(1)The outer bank, at any location on one side of a watercourse, is—

(a)if there is a floodplain on that side of the watercourse—the edge of the floodplain that is on the same side of the floodplain as the watercourse; or

(b)if there is not a floodplain on that side of the watercourse—the place on the bank of the watercourse marked by—

(i)a scour mark; or

(ii)a depositional feature; or

(iii)if there are 2 or more scour marks, 2 or more depositional features or 1 or more scour marks and 1 or more depositional features—whichever scour mark or depositional feature is highest.

(2)However, subsection (3) applies if, at a particular location in the watercourse—

(a)there is a floodplain on one side of the watercourse; and

(b)the other side of the watercourse is confined by a valley margin.

Examples of valley margin—

hill, cliff, terrace

(3)Despite subsection (1)(b), the outer bank on the valley margin side of the watercourse is the line on the valley margin that is at the same level as the outer bank on the other side of the watercourse.

(4)Despite subsections (1) to (3), if under this part the chief executive has declared an outer bank on a side of a watercourse for any length of the watercourse, the outer bank on that side of the watercourse for that length is the outer bank as declared by the chief executive.

(5)To remove any doubt, it is declared that an outer bank of a watercourse—

(a)can not be, or be a part of, an in-stream island, bench or bar located in the watercourse; and

(b)can not be generally closer to the middle of the watercourse than any part of an in-stream island, bench or bar located in the watercourse.

5B   Declaration of outer bank

(1)The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length) of the watercourse.

(2)The chief executive may make a declaration under subsection (1) only if—

(a)it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or

(b)the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act.

(3)If the chief executive acts under subsection (2)(a), the chief executive must, in making a declaration under subsection (1), take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it.

(4)However, a declaration can not have effect to locate an outer bank for any period before the declaration is made.

6   Meaning of domestic purposes

(1)Domestic purposes, for taking water, means taking water for the following—

(a)household purposes;

(b)watering of animals kept as pets;

(c)watering a garden.

(2)For subsection (1)(c), the combined size of the garden must not exceed an area of 0.5ha.

(3)However, if a water plan states either of the following for this definition, it applies instead of subsection (2)—

(a)a different size for the garden;

(b)a volume of water sufficient to water a different size garden.

(4)In this section—

garden includes a lawn.

7   Meaning of principles of ecologically sustainable development

The following principles are principles of ecologically sustainable development—

(a)decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

(b)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(c)the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

(d)the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

(e)recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

(f)decisions and actions should provide for broad community involvement on issues affecting them.

Chapter 1A    Water supply emergencies and restrictions

Part 1    Water supply emergencies

Division 1 Preliminary

10   [Repealed]

11   [Repealed]

12   [Repealed]

19   [Repealed]

20   [Repealed]

20A   [Repealed]

20B   [Repealed]

20C   [Repealed]

21   [Repealed]

22   [Repealed]

23   [Repealed]

24   [Repealed]

25   [Repealed]

25A   Meaning of water supply emergency

(1)A water supply emergency is a situation in which there is a demonstrably serious risk the State’s, or a part of the State’s, essential water supply needs will not be met.

(2)The following are examples of circumstances from which a situation mentioned in subsection (1) may arise—

(a)failure of a large part of water supply, treatment or distribution infrastructure or wastewater infrastructure;

(b)extended severe drought conditions;

(c)contamination of a water storage used for essential water supply needs causing the water to be unfit for supply.

(3)In this section—

demonstrably, in relation to a serious risk, means the serious risk can be demonstrated by reliable data about water supply.

essential water supply needs means water supply for—

(a)domestic purposes; or

(b)essential services, including the generation or distribution of electricity; or

(c)processing or refining minerals or petroleum in the local government area of the Gladstone Regional Council.

Division 2 Water supply emergency declaration and regulation

25B   Declaration of water supply emergency

(1)The Minister may make a water supply emergency declaration if the Minister is satisfied—

(a)there is a water supply emergency; or

(b)a water supply emergency is developing.

(2)Before making a water supply emergency declaration, the Minister must have regard to other measures, instead of a water supply emergency declaration, that could be taken under this or another Act to deal with the water supply emergency.

(3)The water supply emergency declaration—

(a)has effect from the time it is made by the Minister or the later day stated in the declaration; and

(b)remains in force until the earlier of the following—

(i)the commencement of a regulation dealing with the matters mentioned in the declaration;

(ii)the end of 20 business days after the declaration takes effect.

(4)As soon as possible after making a water supply declaration, the Minister must give a copy of the declaration to each service provider to which the declaration applies.

(5)As soon as practicable after making a water supply declaration, the Minister must publish a copy of the declaration in the gazette.

25C   Contents of water supply emergency declaration

(1)A water supply emergency declaration must state—

(a)the water supply emergency to which the declaration applies; and

(b)the part of the State to which the declaration applies; and

(c)the service providers to which the declaration applies; and

(d)for dealing with the water supply emergency—

(i)the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii)if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii)if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a response (a water supply emergency response) stating the way the service provider intends to ensure the restrictions are complied with; and

(iv)the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v)that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a response (also a water supply emergency response) stating—

(A)the actions the service provider intends to take to achieve the outcomes; and

(B)if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with.

(2)The declaration must, to the greatest practicable extent, state, for the measures directed to be carried out or outcomes directed to be achieved—

(a)whether the State or 1 or more service providers are to pay the cost and, if more than 1 entity is to pay the cost, the apportionment of the costs; and

(b)if the State is to contribute to the cost—the amount to be contributed and the way in which it is to be paid; and

(c)the extent to which, and the service providers from whom, the State may recover any contributions made; and

(d)the extent to which, and the service provider’s customers or other service providers from whom, a service provider may recover the contributions made by the State and the costs approved by the Minister; and

(e)whether, and on what, a service provider may recover a rate of return and the service provider’s customers or other service providers from whom it may be recovered.

(3)A water supply emergency declaration may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the declaration.

(4)If a water supply emergency declaration for a part of the State is inconsistent with the objectives of a water plan for the part, the water supply emergency declaration is ineffective to the extent of the inconsistency.

(5)However—

(a)the water supply emergency declaration may, to the extent stated in the declaration, be inconsistent with—

(i)the operations manual that implements the water plan; or

(ii)a resource operations licence for the water to which the plan applies; or

(iii)an interim resource operations licence; and

(b)to the extent of the inconsistency, the water supply emergency declaration prevails.

25CA   Amendment of water supply emergency declaration

(1)This section applies if, when the Minister makes a water supply emergency declaration (the original declaration), it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e).

(2)The Minister must, as soon as practicable after the original declaration is published in the gazette, and after consultation with the Treasurer, amend the original declaration to state the matters.

25D   Measures mentioned in a water supply emergency declaration

The measures a service provider may, in a water supply emergency declaration, be directed to carry out are the following—

(a)to make available, water from the service provider’s authority under this Act to take or interfere with water or non-Act water, to—

(i)other service providers; or

(ii)entities responsible for generating electricity; or

(iii)the coordinator-general;

(b)to operate infrastructure to allow water, including non-Act water, to be supplied to the entities mentioned in paragraph (a);

(c)to make non-Act water available to a customer or type of customer;

(d)to operate infrastructure to allow non-Act water to be supplied to a customer or type of customer;

(e)to restrict, in the way stated in the declaration, the following—

(i)the volume of water taken by or supplied to a customer or type of customer;

(ii)the hours when water may be used on premises for stated purposes;

(iii)the way water may be used on premises;

(f)to apply a restriction imposed under paragraph (e) to water, including non-Act water, taken from a rainwater tank connected to the service provider’s reticulated water supply.

25E   Requirement to comply with water supply emergency declaration

(1)A service provider to whom a direction is given under a water supply emergency declaration must comply with the direction.

Maximum penalty—

(a)for a direction mentioned in section 25C(1)(d)(i)—1,665 penalty units; or

(b)for a direction mentioned in section 25C(1)(d)(iii) or (v)—1,000 penalty units.

Note—

See also the Water Supply Act, section 43(4) to (6).

(2)Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the declaration.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove—

(a)the service provider made all reasonable efforts to comply with the direction; and

(b)the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

25F   Regulation about water supply emergency

(1)This section applies if—

(a)there is a water supply emergency; or

(b)a water supply emergency is developing.

(2)A regulation (a water supply emergency regulation) may state—

(a)the water supply emergency to which the regulation applies; and

(b)the part of the State to which the regulation applies; and

(c)the service providers to which the regulation applies; and

(d)for dealing with the water supply emergency—

(i)the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii)if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii)if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a water supply emergency response stating the way the service provider intends to ensure the restrictions are complied with; and

(iv)the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v)that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a water supply emergency response stating—

(A)the actions the service provider intends to take to achieve the outcomes; and

(B)if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with; and

(vi)any works that are to be carried out by the coordinator-general.

(2A)Before a water supply emergency regulation is made, the Minister must have regard to other measures, instead of a water supply emergency regulation, that could be taken under this or another Act to deal with the water supply emergency.

(3)For the matters mentioned in subsection (2)(d), the regulation must, to the greatest practicable extent, state the matters mentioned in section 25C(2)(a) to (e).

(4)The regulation may, to the extent stated in the regulation, continue the effect of a water supply emergency declaration.

(5)A water supply emergency regulation may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the regulation.

(6)The regulation, for the part of the State to which it applies, must not be inconsistent with the objectives of a water plan for the part.

(7)However—

(a)the regulation may, to the extent stated in the regulation, be inconsistent with—

(i)the operations manual that implements the water plan; or

(ii)a resource operations licence for the water to which the plan applies; or

(iii)an interim resource operations licence; and

(b)to the extent of the inconsistency, the regulation prevails.

25FA   Amendment of water supply emergency regulation

(1)This section applies if, when a water supply emergency regulation (the original regulation) is made, it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e).

(2)The Minister must consult with the Treasurer about the matters.

(3)As soon as practicable after the original regulation is made, it must be amended to state the matters.

25G   Measures mentioned in a water supply emergency regulation

The measures a service provider may, under a water supply emergency regulation, be directed to carry out are the following—

(a)the measures mentioned in section 25D(a) to (f);

(b)to make changes to the service provider’s infrastructure, for example to improve efficiency by—

(i)reducing water losses from leakage from the service provider’s distribution system; or

(ii)bringing forward maintenance programs;

(c)to allow reasonable access, to connect to the service provider’s infrastructure and to operate and maintain the connection, to—

(i)other service providers; or

(ii)entities responsible for generating electricity; or

(iii)the coordinator-general;

(d)to implement a demand management program that, for a stated part of the State or type of customer, may include, but is not limited to, subsidising the installation by customers of water-saving devices;

(e)to design, construct and operate new infrastructure;

(f)to recommission and operate infrastructure that is not operating at the time the regulation is made.

25H   Requirement to comply with water supply emergency regulation

(1)A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction.

Maximum penalty—

(a)for a direction mentioned in section 25F(2)(d)(i)—1,665 penalty units; or

(b)for a direction mentioned in section 25F(2)(d)(iii) or (v)—1,000 penalty units.

(2)Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the regulation.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove—

(a)the service provider made all reasonable efforts to comply with the direction; and

(b)the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

25I   Approval of, or change to, response

(1)If the Minister is satisfied a water supply emergency response is adequate for carrying out the measures or to achieve the outcomes stated in a water supply emergency declaration or a water supply emergency regulation, the Minister must—

(a)approve the response; and

(b)give the service provider notice of the approval.

(2)If the Minister is not satisfied, the Minister must—

(a)change the response to make it adequate; and

(b)approve the changed response; and

(c)give the service provider notice of the approval.

(3)The service provider must comply with the approved water supply emergency response.

Maximum penalty—1,665 penalty units.

(4)Subsection (3) applies even if complying with the approved response would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the approved response.

(5)It is a defence to a prosecution for an offence against subsection (3) to prove—

(a)the service provider made all reasonable efforts to comply with the approved response; and

(b)the service provider is unable to comply with the approved response because the service provider is unable to acquire, to the extent necessary to comply with the response—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which the infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

25J   When water supply emergency ends

(1)The Governor in Council must make a regulation under this section if the Minister considers a water supply emergency has ended.

(2)The regulation must state—

(a)that the water supply emergency to which it applies no longer exists; and

(b)the actions that may be taken, or continue to be taken, to deal with circumstances arising because of the water supply emergency, including any actions taken under a water supply emergency regulation that must be completed or discontinued.

(3)However, for the regulation to state that an action taken under a water supply emergency regulation must be completed, the Minister must be satisfied it would be detrimental to the interests of the State or another entity not to complete the action, taking into account the following—

(a)the extent of work undertaken;

(b)the obligations arising under any contract or other agreement;

(c)any costs or other amounts the State or another entity is liable to pay;

(d)the amount of money spent;

(e)any other relevant circumstance.

(4)The actions that may be taken or continue to be taken include giving any directions that could have been given under the water supply emergency regulation if the emergency continued to exist.

(5)Subject to a regulation under this section, the ending of a water supply emergency has no effect on the exercise of powers under this part.

Division 3 Carrying out measures and achieving outcomes

25K   Supply arrangements

(1)Subsection (3) applies if a water supply emergency declaration or a water supply emergency regulation, directs a service provider—

(a)to make water, including non-Act water, available; or

(b)to operate infrastructure to allow water, including non-Act water, to be supplied.

(2)However, if the direction is to make non-Act water available to, or to operate infrastructure to allow non-Act water to be supplied to, a customer or type of customer, this section applies only to the extent stated in the declaration or regulation.

(3)The service provider must, at the time the provider makes the water available or operates the infrastructure, have a supply contract with each entity to whom the service provider is directed to make water available or allow water to be supplied.

(4)The chief executive may approve a supply contract for the supply, storage and delivery of water under a water supply emergency declaration or regulation including the price to be paid for the supply, storage and delivery.

(5)The chief executive must gazette approval of the supply contract.

(6)If, at any time, the service provider and an entity do not have a supply contract in compliance with subsection (3), the supply contract approved by the chief executive applies, for the time, to the supply, storage and delivery of water under the declaration or regulation.

25L   Relationship with State Development and Public Works Organisation Act 1971

(1)This section applies to facilitate—

(a)carrying out measures mentioned in a water supply emergency declaration or a water supply emergency regulation; and

(b)compliance with an approved water supply emergency response; and

(c)the carrying out of works, mentioned in a water supply emergency regulation, by the coordinator-general.

(2)The State Development and Public Works Organisation Act 1971 (the State Development Act) has effect in the following way—

(a)section 103 applies as if—

(i)the water supply emergency declaration, water supply emergency regulation or approved water supply emergency response were a regulation made under section 100; and

(ii)the service provider were a local body;

(b)sections 105, 106 and 154 apply as if—

(i)an appointment of the coordinator-general under section 25M of this Act were an authorisation of the coordinator-general under section 104(6); and

(ii)the service provider were a local body;

(c)sections 109 and 110 apply as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were a regulation under section 109 directing works be undertaken;

(d)section 125(1)(a) applies as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were an authorisation to undertake works;

(e)sections 125(1)(c) and 134 apply as if the service provider were a local body;

(f)sections 134 and 136 apply as if the works mentioned in the water supply emergency regulation or approved water supply emergency response were authorised works;

(g)section 137 applies as if the reference in section 137(b) to section 136 were a reference to section 136 as it has effect under paragraph (f);

(h)section 139 applies to the extent it relates to the application of section 136.

(3)Despite the State Development Act, section 111(2)(b), the coordinator-general may delegate to a service provider a power, function or duty conferred or imposed on the coordinator-general under this part.

(4)If agreement is not reached under the State Development Act, section 134, a regulation may approve particulars of arrangements for the transfer, management, operation and control of the works.

(5)The regulation, to the extent it approves the particulars, is taken to be a regulation made under the State Development Act, section 134.

(6)In this section—

authorised works see the State Development Act, schedule 2.

local body see the State Development Act, schedule 2.

25M   Appointment of person to carry out measures or achieve outcomes

(1)This section applies if a service provider does not comply with—

(a)a direction under a water supply emergency declaration or a water supply emergency regulation; or

(b)an approved water supply emergency response; or

(c)a compliance notice given by the chief executive under section 780(1) in relation to the direction or response.

(2)The Governor in Council may appoint a person to comply with the direction or response as agent for the service provider.

(3)The appointment—

(a)has effect when it is notified in the gazette; and

(b)remains in force until—

(i)the day stated in the notification; or

(ii)if no day is stated in the notification—the day withdrawal of the appointment is notified.

(4)The appointment may deal with any matter necessary or convenient to help the person comply with the direction or response.

(5)A direction or response mentioned in subsection (1) does not include a direction or response about imposing service provider water restrictions.

25N   Effect of appointee carrying out measures or achieving outcomes

(1)A person appointed under section 25M(2) (the appointee) may do all things necessary or convenient to comply with the direction or response.

(2)A person in possession of premises on which the service provider’s infrastructure is situated must give the appointee access to the premises to enable the appointee to comply with the direction or response.

Maximum penalty—500 penalty units.

(3)A person in possession of premises must not take action or refuse to take action if the taking or refusal has the effect of preventing the appointee from, or hindering the appointee in, complying with the direction or response.

Maximum penalty—1,665 penalty units.

(4)Subsections (2) and (3) do not apply to an act done, or omission made, during or relating to industrial action under the Industrial Relations Act 2016.

(5)The service provider is liable for the appointee’s reasonable costs of complying with the direction or response as agent for the service provider.

Division 4 Recovery of costs

25O   Recovery of costs incurred

(1)This section applies to a service provider who—

(a)under a water supply emergency declaration or a water supply emergency regulation—

(i)is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or

(ii)may recover contributions by the State; or

(b)under a regulation made under section 25J(2)(b), incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or

(c)under section 25N(5), is liable to pay an appointee’s costs; or

(d)under a regulation made under the State Development Act, section 134 or 154, is required to pay costs incurred by or for the coordinator-general.

(2)The service provider may, to the extent stated in the declaration or regulation, recover from the service provider’s customers or other service providers—

(a)the contributions made by the State; and

(b)the costs mentioned in subsection (1) to the extent they are approved by the Minister; and

(c)the rate of return.

(3)Subsection (2) applies despite—

(a)any condition of the service provider’s authority under this Act to take or interfere with water; or

(b)any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider’s customers or other service providers; or

(c)the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or

(d)any direction given under section 999.

(4)The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2).

25P   Recovery of contributions by the State

The State may recover, as a debt due to the State by a service provider, any contributions the State is entitled, under a water supply emergency declaration or a water supply emergency regulation, to recover from the service provider.

25Q   Queensland Competition Authority

The Queensland Competition Authority, in performing its functions under the Queensland Competition Authority Act 1997, must not act in a way that is inconsistent with a water supply emergency declaration, a water supply emergency regulation or section 25O.

Division 5 Compensation

25R   Applying for compensation

(1)A person, including a service provider, who suffers loss or damage because of actions taken under this part may apply to the Minister for compensation for the loss or damage.

(2)The application must be made in writing within 65 business days after the person suffers the loss or damage.

(3)The application must state—

(a)details of the person’s loss or damage; and

(b)the amount of compensation claimed and the grounds for the amount claimed.

(4)The applicant must also provide any other relevant information reasonably required by the Minister to decide the application.

(5)Despite subsection (2), the Minister may accept a person’s application for compensation made more than 65 business days after the person suffers the loss or damage if the Minister is satisfied it would be reasonable in all the circumstances to accept the application.

(6)The Minister’s acceptance of an application for compensation does not give an applicant an entitlement to the compensation.

25S   When compensation is not payable

(1)Compensation is not payable to a person for—

(a)loss or damage suffered because of a service provider water restriction imposed under—

(i)a direction under a water supply emergency declaration or water supply emergency regulation; or

(ii)an approved water supply emergency response; or

(b)costs or contributions mentioned in section 25O(1); or

(c)loss or damage to the extent that an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or

(d)costs that were recovered from the person by a service provider under section 25O(2).

(2)Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened irrespective of actions taken under this part.

25T   Requirement for further information

(1)The Minister may give the applicant a notice stating—

(a)the information required by the Minister for deciding the application; and

(b)the time by which the information must be given to the Minister; and

(c)that, if the information is not given to the Minister by the stated time, the application will lapse.

(2)The stated time must be reasonable and, in any case, at least 15 business days after the notice is given.

(3)The Minister may give the applicant a further notice extending or further extending the time if the Minister is satisfied it would be reasonable in all the circumstances to give the extension.

(4)A notice may be given under subsection (3) even if the time to which it relates has lapsed.

(5)If the applicant does not comply with the requirement within the stated time, or any extension of the time, the application lapses.

25U   Deciding application

(1)The Minister must consider and decide an application made under section 25R within 65 business days after the later of the following—

(a)the day the Minister receives the application;

(b)the day the Minister receives all information required by the Minister for deciding the application.

(2)In deciding an application, the Minister may have regard to—

(a)the extent and nature of the applicant’s loss or damage; and

(b)the extent to which the applicant has mitigated, or attempted to mitigate, the loss or damage; and

(c)any other matter the Minister considers appropriate.

(3)The Minister may decide—

(a)to pay all or part of the compensation claimed; or

(b)to refuse to pay the compensation.

(4)If the Minister has not decided an application within the period stated in subsection (1) for the application, the Minister is taken to have refused to pay compensation.

25V   Notice about decision

As soon as practicable after deciding the application, the Minister must give the applicant a notice stating—

(a)the decision and the reasons for the decision; and

(b)if the Minister decides to pay compensation—details of the amount to be paid and how the amount was calculated.

25W   Protection of State and Minister from liability

Civil liability does not attach to the State or a Minister because of a failure to make a water supply emergency declaration under section 25B or a water supply emergency regulation under section 25F.

25X   Protection of service provider from liability

(1)Subsection (2) applies to actions taken by a service provider that are inconsistent with the service provider’s current supply and infrastructure contractual arrangements.

(2)The service provider is not liable for loss or damage caused by taking the actions in compliance with—

(a)a direction under a water supply emergency declaration or water supply emergency regulation; or

(b)an approved water supply emergency response.

(3)Subsection (2)—

(a)applies only to the extent the service provider acted reasonably and without negligence; and

(b)does not affect the service provider’s liability for negligence.

Part 2    Obtaining information

25Y   Obtaining information from a service provider

(1)The chief executive may give a service provider a notice requiring information about 1 or more of the following—

(a)current and projected future water consumption by the service provider’s customers or a class of the customers;

(b)water restrictions the service provider has imposed or intends to impose;

(c)the events that would cause the service provider to impose the restrictions, for example, the available water supply falling to a stated level;

(d)the actions the service provider intends to take to ensure compliance with the restrictions;

(e)the demand management program the service provider proposes to implement;

(f)other measures the service provider proposes to take, for example, constructing new infrastructure or making changes to existing infrastructure.

(2)The notice may be given at any time and must state the reasonable time by which the information must be given to the chief executive.

(3)The service provider must comply with the notice, unless the service provider has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)It is a reasonable excuse for a service provider who is an individual not to comply with the notice if complying with the notice might tend to incriminate the individual.

25Z   [Repealed]

Part 3    Restrictions on use of subartesian water

25ZA   Application for approval to restrict use of subartesian water

(1)A water service provider may apply for written approval for the power to impose a restriction on the use of subartesian water by a customer of the water service provider in an area if the water is taken, other than for stock purposes, under—

(a)section 101(1)(c); or

(b)if the water is not taken under a water entitlement—

(i)a water plan; or

(ii)a regulation made under section 1046.

(2)The application must be—

(a)made to the chief executive in writing; and

(b)supported by sufficient information to enable the chief executive to decide the application.

(3)The chief executive may ask the applicant for additional information about the application.

25ZB   Deciding application

(1)The chief executive must give the approval if the chief executive is satisfied that—

(a)the subartesian water and the water service provider’s water supply for a retail water service is being taken from the same source; and

(b)the taking of the subartesian water may threaten the security of the water service provider’s water supply for the retail water service; and

(c)service provider water restrictions have been imposed, or are about to be imposed, in relation to the water supply.

(2)If the chief executive is not satisfied about the matters mentioned in subsection (1)(a), (b) and (c), the chief executive must refuse to give the approval.

(3)The approval may be given with or without conditions.

25ZC   Notice about decision to give approval

(1)If the chief executive gives the approval, the chief executive must, within 30 business days after giving the approval, give the applicant a notice advising the applicant about the approval.

(2)If the chief executive refuses to give the approval, the chief executive must, within 30 business days after refusing to give the approval, give the applicant a notice advising the applicant of the reasons why the approval was refused.

25ZD   [Repealed]

25ZE   Restriction of subartesian water by water service provider

(1)This section applies if the chief executive gives the approval to a water service provider.

(2)The water service provider may impose a restriction on the use of the subartesian water by a customer of the water service provider in an area.

(3)The restriction may be no more onerous than a service provider water restriction currently imposed on the customer.

(4)For the Water Supply Act, section 43, a restriction on the use of subartesian water under this section is taken to be a service provider water restriction.

(5)In this section, the power to restrict includes the power to prohibit.

Chapter 2    Management and allocation of water

Part 1    Water rights

Division 1 Ownership of water

26   Rights in all water vests in the State

All rights to the use, flow and control of all water in Queensland are vested in the State.

Division 2 Allowing use of water

27   State may allow the use of water

(1)The State may allow the use of water by authorising persons to take or interfere with water.

(2)The State may authorise persons to take water—

(a)through legislation and statutory instruments; or

(b)through any of the following authorisations issued under this Act—

(i)water allocations;

(ii)water licences;

(iii)water permits;

(iv)seasonal water assignment notices;

(v)resource operations licences;

(vi)distribution operations licences;

(vii)operations licences.

(3)The State may authorise persons to interfere with water—

(a)through legislation and legislative instruments; or

(b)through any of the following authorisations issued under this Act—

(i)water licences;

(ii)resource operations licences;

(iii)distribution operations licences.

Division 3 Restricting use of water

Subdivision 1 Restrictions for contamination and water shortages

28   Limiting or prohibiting taking, or interfering with, water during contamination or water shortages

(1)Subsection (2) applies if the Minister is satisfied urgent action should be taken because—

(a)there is a shortage of water; or

(b)there is a thing in harmful quantities in water.

(2)The Minister must publish a notice—

(a)limiting, for a particular purpose or otherwise, either or both of the following—

(i)the volume of water a person may take;

(ii)the rate at which, and the times when, a person may take water; or

(b)limiting a person’s entitlement to interfere with water; or

(c)prohibiting taking or interfering with water.

(3)The limit or prohibition has effect despite any authority a person has under another provision of this Act.

(4)The notice remains in force for the period of not more than one year stated in the notice.

(5)Nothing prevents the Minister from acting under this section a second or subsequent time.

(6)The notice is subordinate legislation.

(7)A person must not take or interfere with water in contravention of the notice.

Maximum penalty for subsection (7)—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

29   Limiting water taken under water licence, water permit or water allocation

(1)If there is a shortage of water, the chief executive may, by publishing a notice do the following—

(a)limit the water that may be taken under a water entitlement, water permit or seasonal water assignment notice;

(b)limit the water that may be taken under part 3, division 1, subdivision 2.

(2)The notice may be for any 1 or more of the following—

(a)the times when water may be taken;

(b)the purpose for which water may be taken;

(c)the volume of water, measured or estimated that may be taken, including for a stated purpose.

(3)The notice remains in force for the period of not more than one year stated in the notice.

(4)Nothing prevents the chief executive from acting under this section a second or subsequent time.

(5)A person must not take water in contravention of the notice.

Maximum penalty for subsection (5)—500 penalty units.

Subdivision 2 Moratorium notices

30   Moratorium notices

(1)The Minister may publish a notice under this section, for a part of the State, (a moratorium notice) if the Minister is satisfied action should be taken in the part—

(a)to protect existing water entitlements and other authorities under this Act to take or interfere with water; or

(b)to protect natural ecosystems.

(2)For part of the State to which the moratorium notice applies, the notice may state the following—

(a)that an application for or about a water entitlement will not be accepted;

(b)that the construction of works, or changing existing works, for taking or interfering with water, is limited in the way stated or is prohibited.

(3)For subsection (2)(b), the notice may also state, while the moratorium notice has effect—

(a)new works must not be physically started; and

(b)completed works in existence must not be raised, enlarged, deepened or changed; and

(c)works that have been started—

(i)may be completed only to the extent stated in the notice; and

(ii)must be completed by the day stated in the notice; and

(d)a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and

(e)construction of works must stop if notice has not been given under paragraph (d).

(4)However, the moratorium notice may only apply to an application or construction of works to the extent the application or construction would have 1 or more of the following effects stated in the notice—

(a)increase the amount of water that may be taken;

(b)change the location from which water may be taken;

(c)increase the rate at which water may be taken;

(d)change the flow conditions under which water may be taken;

(e)increase or change the interference with the water;

(f)change the purpose for which the water may be taken or interfered with.

(5)Subsection (4) applies even if the application was made before the moratorium notice was published.

(6)A moratorium notice may state matters to which the notice does not apply.

(7)For this section, works are not started unless—

(a)construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and

(b)an independently verifiable construction program exists for progressive construction towards completion of the works; and

(c)detailed design plans exist showing, among other things, the extent of the works; and

(d)if a development permit is required for the works or for other development associated with the works—the permit has been given.

31   Effect of moratorium notice

(1)The moratorium notice has effect—

(a)from the later of the following—

(i)the day stated in the notice;

(ii)the day the notice is published; and

(b)until the Minister publishes a further notice withdrawing or replacing the first notice.

(2)Subsection (3) applies if—

(a)a moratorium notice applies to a part of the State; and

(b)a water planning instrument also applies to that part of the State.

(3)The moratorium prevails over the instrument to extent of any inconsistency.

(4)A moratorium notice does not affect—

(a)the issuing of water permits;

(b)taking water under sections 93 to 99 and 103;

(c)matters stated in the notice under section 30(6).

32   Offence to contravene moratorium notice

A person must not start the construction of works, or continue to construct works, in contravention of a moratorium notice.

Maximum penalty—1,665 penalty units.

33   Application to vary effect of moratorium notice

(1)Subsection (2) applies to an owner of land if—

(a)the owner is completing works that had been started at the time a moratorium notice took effect; and

(b)the works will not be completed by the day stated in the notice (the completion day); and

(c)the owner wishes to apply for an extension of the completion day.

(2)The owner—

(a)must stop construction of the works by the completion day; and

(b)may apply to the Minister for an extension of the completion day if—

(i)the works are substantially completed; or

(ii)the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health.

(3)The application must—

(a)be in the approved form; and

(b)be accompanied by the prescribed fee; and

(c)be made before the completion day; and

(d)include sufficient information to support the application.

(4)The Minister may refer the application to a referral panel established under section 242.

(5)The Minister must—

(a)decide the application; and

(b)give the applicant notice of the decision.

(6)If the application has been referred to a referral panel, the Minister must have regard to the panel’s recommendation before making a decision.

(7)If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way—

(a)the completion day, for the works, is the day stated in the Minister’s notice;

(b)the works may be completed to the extent stated in the notice.

(8)For this section, works are not started unless—

(a)construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and

(b)an independently verifiable construction program exists for progressive construction towards completion of the works; and

(c)detailed design plans exist showing, among other things, the extent of the works; and

(d)if a development permit is required for the works or for other development associated with the works—the permit has been given.

34   Reviewing and replacing moratorium notices

(1)If the Minister is satisfied a moratorium notice should have effect for more than 1 year, the Minister must review the notice within 1 year after the day the notice was published and during each year the notice has effect.

(2)If, on the review, the Minister is satisfied the notice should be amended, the Minister must replace the notice with a new notice containing the amended provisions.

(3)The replacement notice may provide for any matter for which the original moratorium notice could have made provision.

(4)On and after the day the notice is published the replacement notice is taken to be the moratorium notice.

(5)The replacement notice applies to an application mentioned in section 30(2), even if the application was made before the replacement notice was published.

34A   [Repealed]

34D   [Repealed]

Division 4 Collecting information about water

35   Obtaining water information

(1)The chief executive may give a person who is authorised, or has an entitlement, to take or interfere with water under this Act a notice requiring information—

(a)the person is required to keep under a condition of the person’s authority or entitlement; or

(b)about the person’s water use; or

(c)about the water managed, taken or supplied under the person’s authority or entitlement; or

(d)about the water that was managed, taken or supplied through water infrastructure to which a person’s authority or entitlement applies; or

(e)about the taking or supplying of water by the person under the person’s authority or entitlement.

(2)The notice—

(a)may be given at any time; and

(b)must state the reasonable time by which the information must be given to the chief executive.

(3)The person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)However, this section does not require a person who is an individual to give information if giving the information might tend to incriminate the person.

36   Notice of works and water use

(1)This section applies to works for taking or interfering with water if the taking or interfering with the water is authorised other than under a water entitlement.

(2)The chief executive may, by publishing a notice (the chief executive’s notice), require the owner of land on which the works are, or are to be, constructed to give the chief executive notice (the owner’s notice) of the works and the water use or, for works to be constructed, proposed water use, relating to the works, by the date stated in the notice.

(3)The chief executive’s notice—

(a)may require the owner’s notice to be in the approved form; and

(b)must state the matters prescribed by regulation, including the proposed consultation arrangements for the notice.

(4)A person to whom the chief executive’s notice applies must comply with the notice.

Maximum penalty—20 penalty units.

36A   [Repealed]

Part 2    Water planning

Division 1 Planning by the State

37   Planning for the management of water

The State plans for the sustainable management of Queensland’s water—

(a)by preparing and implementing water plans; and

(b)by preparing and implementing water use plans.

38   Information for planning

The chief executive must provide information for planning purposes by—

(a)regularly measuring and keeping publicly available records of the volume and quality of water in Queensland; and

(b)collecting information on the water requirements of, and impacts of water management on, natural ecosystems, including, for example, from the department in which the Environmental Protection Act 1994 is administered; and

(c)collecting information about future water requirements.

38A   [Repealed]

Division 1A [Repealed]

Division 2 Matters for and related to regulation

Subdivision 1 Matters for regulation

39   Matters for regulation

For the purpose of planning for the sustainable management, use and allocation of water, a regulation may do the following—

(a)reserve unallocated water for a part of the State or for particular water to which no water plan applies;

(b)prescribe the processes for releasing unallocated water, including through the grant or sale of a water entitlement;

(c)prescribe processes and criteria for establishing the elements of proposed water allocations;

(d)prescribe water allocation dealing rules applying to whole of the State;

(e)prescribe the processes for granting a seasonal water assignment for a water allocation;

(f)prescribe the types of works that are to be regulated as acceptable development or assessable development;

(g)prescribe the requirements for the holders of resource operations licences and distribution operations licences in collecting and providing information to the chief executive.

Subdivision 2 Release of unallocated water—volume stated in water plan or prescribed by regulation

40   Chief executive may release unallocated water

(1)The chief executive may release unallocated water if a volume is stated in a water plan or prescribed by regulation.

(2)The chief executive must release unallocated water under the process prescribed by regulation.

Note—

An application can not be made for a water licence in relation to the release of unallocated water unless the application is part of a process prescribed under subsection (2). See section 109(1)(b) and (2).

(3)However, if the unallocated water is neither of the following, subsection (2) does not apply to the extent the relevant water plan provides for an alternative process for the release of the unallocated water—

(a)unallocated water held as a general reserve under the water plan;

(b)unallocated water temporarily released under subdivision 3 from a strategic water infrastructure reserve.

(4)The chief executive may set a price for the unallocated water.

Subdivision 3 Temporary release of water from strategic water infrastructure reserve

40A   Chief executive may temporarily release water from reserve

(1)The chief executive may temporarily release water from a strategic water infrastructure reserve for a purpose other than that stated in a water planning instrument.

(2)The chief executive must release the water under the process prescribed under section 39(b).

Note—

This is the process under section 40(2).

(3)However, the process can make the water available only under a water licence.

(4)Also, a water licence granted for the release must be granted for a stated term of not more than 3 years.

(5)Despite section 106(3), the water licence can not be renewed, reinstated, relocated, amalgamated or subdivided.

(6)This section applies despite any provision of a water planning instrument relating to the release of water from the reserve.

40B   Deciding whether to release water from reserve and considerations for the release

(1)In deciding whether to temporarily release water from the reserve, the chief executive must consider—

(a)the volume of water that can be released from the reserve without the proposed infrastructure for which the reserve may have been intended being constructed; and

(b)the likelihood of a process, for the release of water from the reserve for a purpose that is stated in a water planning instrument, commencing in the short term; and

(c)alternatives for access to water.

(2)For the release, the chief executive must consider—

(a)the outcomes and objectives of the relevant water plan, including the water allocation security objectives and environmental flow objectives; and

(b)water supply schemes; and

(c)other water users; and

(d)existing water markets.

(3)If the water the chief executive proposes to release relates to a water supply scheme, the chief executive must consult with the resource operations licence holder for the scheme before releasing the water.

40C   When water returns to reserve

On the expiry, surrender, cancellation or repeal of a water licence granted for the release, the water made available under the licence returns to the strategic water infrastructure reserve.

Division 3 Water plans

41   What is a water plan

A water plan is a plan that applies to a part of the State and advances the sustainable management of Queensland’s water.

42   Minister may prepare a water plan

(1)The Minister may prepare a water plan for any part of Queensland.

(2)Two plans may have effect for the same part of Queensland at the same time if each relates to a different type of water.

Example—

There may be 2 plans applying to the same part of Queensland where 1 relates to surface water and the other to underground water.

43   Contents of a water plan

(1)A water plan must—

(a)state the water to which the plan applies; and

(b)state the desired economic outcomes, social outcomes, cultural outcomes and environmental outcomes of the management and allocation of water to which the plan applies (the water plan outcomes); and

(c)state the volume of unallocated water reserved under the plan; and

(d)state arrangements for providing water for the environment including the measures, strategies or objectives for environmental flows; and

(e)if the plan provides a framework for managing water allocations—

(i)state trading zones for the allocations; and

(ii)state water allocation security objectives.

(2)A water plan may—

(a)state measures that contribute to achieving the water plan outcomes; and

(b)state the strategies for achieving the water plan outcomes; and

(c)state limitations on taking or interfering with water in the plan area; and

(d)state the taking or interfering with water in the plan area that does not require a water entitlement; and

(e)state the purpose for, and the location of, unallocated water reserves; and

(f)state a process for releasing unallocated water not held as a general reserve under the water plan; and

(g)state the arrangements and process for converting, adjusting or granting water entitlements or other authorisations under a water entitlement notice; and

(h)state criteria for deciding applications for water licences; and

(i)state criteria and processes for deciding an application for a dealing with a water licence; and

(j)state the types of applications for water licences that must not be accepted under section 107; and

(k)state the proposed holders of resource operations licences and distribution operations licences in the plan area; and

(l)state whether a water management protocol is to be prepared for the plan area and the matters the protocol must address; and

(m)state the types of amendments that may be made to the plan without consultation; and

Note—

For the power to amend a water plan without consultation see section 51(2)(a).

(n)state the categories of water licences in the plan area that are to be cancelled or repealed; and

(o)include anything else that the Minister considers relevant to advance the matters mentioned in section 41.

(3)To remove any doubt, it is declared that subsection (2)(f) does not override, or prevent, in an existing or future water plan a limitation, a condition or a matter that must or may be considered (however called) in a process for the release of unallocated water held as a general reserve under the water plan.

44   Preliminary public consultation

(1)If the Minister proposes to prepare a water plan, the Minister may decide whether public consultation on the proposal is required.

(2)If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating—

(a)the water to which the water plan will apply; and

(b)the reason for preparing the plan; and

(c)proposed arrangements for consultation.

45   Making draft water plan

(1)Before finalising a water plan the Minister must make a draft of the plan.

(2)The Minister must consider all of the following in making a draft of a water plan—

(a)regional plans made under the Sustainable Planning Act 2009 that apply to the plan area;

(b)environmental values established under the Environmental Protection (Water) Policy 2009;

(c)if the draft water plan is within the Queensland Murray-Darling Basin—the Murray-Darling Basin Plan under the Water Act 2007 (Cwlth);

(e)the public interest;

(f)the results of any public consultation under section 44;

(g)the water-related effects of climate change on water availability;

(h)the interests of any Aboriginal parties or Torres Strait Islander parties in relation to the water resources for the plan area.

46   Publishing draft water plan

(1)After the Minister makes a draft of a water plan, the Minister must publish the draft plan.

(2)As soon as practicable after publishing the draft of a water plan, the Minister must publish a notice stating—

(a)the draft plan has been published; and

(b)how the draft plan may be inspected; and

(c)that submissions about the draft plan may be made by any entity; and

(d)the day by which, how and to whom, the submissions must be made.

(3)The period for making submissions must not be less than 30 business days after the notice is published.

(4)To inform the public, the Minister must publish a statement of intent for the draft water plan which provides a summary of the—

(a)intent of the draft plan; and

(b)effect of the draft plan.

47   Decision about finalising water plan

(1)Before deciding to finalise a water plan, the Minister must consider all properly made submissions about the draft of the plan under section 46.

(2)If the Minister decides to finalise the plan, the Minister must submit the plan for approval by the Governor in Council.

(3)If the Minister decides not to finalise the plan, the Minister must publish a notice advising of the decision and the reasons for the decision.

48   Effect of a water plan

(1)A water plan does not have effect until it has been approved by the Governor in Council, and from the approval is—

(a)the water plan for its plan area; and

(b)subordinate legislation.

(2)If a water plan is approved under subsection (1), the Minister must publish a report stating the considerations made in finalising the plan including—

(a)the submissions received on the draft of the plan; and

(b)whether or not issues raised in the submissions were addressed and, if addressed, how the issues were addressed.

49   Report on water plan

(1)Minister must prepare reports about each water plan.

(2)The reports must—

(a)be prepared at the times and state the matters prescribed by regulation; and

(b)state the effectiveness of the plan and its implementation in advancing the matters mentioned in section 41.

49A   [Repealed]

50   Amending or replacing a water plan

(1)The Minister may—

(a)amend a water plan; or

(b)prepare a new water plan to replace one or more existing water plans.

(2)The Minister must amend a water plan, or prepare a new water plan to replace the plan, if the Minister is satisfied the plan is no longer advancing the matters mentioned in section 41.

50A   [Repealed]

51   Preparing an amendment or replacement of water plan

(1)To amend or replace a water plan, sections 44 to 48 apply to the proposed amending or replacement water plan (the amending or replacement plan)—

(a)as if a reference in the sections to a water plan were a reference to the amended or replaced plan; and

(b)with any other necessary changes.

(2)However, the consultation provisions do not apply if the amendment to be made is—

(a)of a type stated in the plan as not requiring public consultation on a draft of the plan and the Minister reasonably believes the amendment will not adversely affect the rights of the water entitlement holders or natural ecosystems; or

(b)only to correct a minor error in the water plan, or make another change that is not a change of substance.

(3)The consultation provisions do not apply to the Minister preparing and finalising a new water plan that is to replace 2 or more existing water plans if the new plan does not change the substance of the plans being replaced.

(4)In this section—

consultation provisions means sections 44 to 46.

52   [Repealed]

52A   [Repealed]

52B   [Repealed]

53   Expiry of water plan

The Statutory Instruments Act 1992, part 7 does not apply to a water plan and the plan expires on 1 September first occurring after the 10th anniversary of the day it was approved by the Governor in Council unless—

(a)it is sooner repealed; or

(b)the expiry of the plan is postponed by the Minister under section 54 or 55.

54   Postponement of expiry of water plan if water plan is not being replaced

(1)The Minister may postpone the expiry of a water plan if satisfied the plan is advancing the matters mentioned in section 41 and water plan outcomes.

(2)Before postponing the expiry of the expiring plan, the Minister must publish a notice of the intention to postpone the expiry—

(a)stating that a report under section 49 has been prepared and where it can be accessed; and

(b)stating the proposed new expiry date; and

(c)that submissions about the postponement may be made by any entity; and

(d)the day by which, how and to whom the submissions must be made.

(3)The period for making submissions must not be less than 30 days after the notice is published.

(4)After considering any properly made submissions, the Minister may decide whether or not to postpone the expiry of the expiring plan.

(5)The Minister may postpone the expiry more than once but any postponement can not have the effect of continuing the plan in force for more than 20 years.

55   Postponement of expiry of water plan while water plan is being replaced

(1)This section applies if the Minister is preparing a new water plan to replace one or more existing water plans.

(2)The Minister may postpone the expiry of the existing plan from time to time but can not postpone the expiry for more than 3 years.

(3)Section 54(2) to (5) does not apply to a postponement under this section.

56   Publication of new expiry date for plan

(1)If the Minister decides to postpone the expiry of a water plan under section 54 or 55, the Minister must publish a notice in the gazette stating the new expiry date for the plan.

(2)A notice under subsection (1) is subordinate legislation.

Division 4 Water use plans

57   Minister may prepare water use plan

The Minister may prepare a water use plan for any part of Queensland.

58   What is a water use plan

A water use plan is a plan that applies to a part of the State and advances the sustainable management of Queensland’s water by regulating water use if there is a risk of land and water degradation, including as a result of—

(a)rising underground water levels;

(b)increasing salinisation;

(c)deteriorating water quality;

(d)waterlogging of soils;

(e)destabilisation of bed and banks of watercourses;

(f)damage to riverine environment;

(g)increasing soil erosion.

59   Contents of water use plans

(1)The water use plan must—

(a)state the purpose of the plan; and

(b)contain a map of the plan area; and

(c)state the types of water use that are subject to the plan; and

(d)state standards for water use practices; and

(e)state objectives for water use efficiency, water reuse and water quality; and

(f)state the monitoring requirements and responsibilities.

(2)The plan may include, but is not limited to, schedules for the progressive implementation of the plan’s requirements.

60   Making draft water use plan

(1)Before finalising a water use plan the Minister must make a draft of the plan.

(2)The Minister must consider the following in making a draft of a water use plan—

(a)changes to water use practices that will reduce the risk to land and water resources arising from the use of water on land;

(b)existing industry codes of practice for water use;

(c)the water-related effects of climate change on—

(i)water use practices; and

(ii)the risk to land or water resources arising from the use of water on land.

61   Publishing draft water use plan

(1)After the Minister makes a draft of a water use plan, the Minister must publish the draft plan.

(2)As soon as practicable after publishing the draft of a water use plan, the Minister must publish a notice stating—

(a)the draft plan has been published; and

(b)how the draft plan may be inspected; and

(c)that submissions about the draft plan may be made by any entity;

(d)the day by which, how and to whom, the submissions must be made.

(3)The period for making submissions must not be less than 30 business days after the notice is published.

62   Decision about finalising water use plan

(1)Before deciding to finalise a water use plan, the Minister must consider all properly made submissions about the draft of the plan under section 61.

(2)If the Minister decides to finalise the plan, the Minister must submit the plan for approval by the Governor in Council.

(3)If the Minister decides not to finalise the plan, the Minister must publish a notice advising of the decision and the reasons for the decision.

63   Effect of water use plan

A water use plan does not have effect until it has been approved by the Governor in Council, and from the approval is—

(a)the water use plan for its plan area; and

(b)subordinate legislation.

64   Public notice of content of water use plan

As soon as practicable after a water use plan is approved, the chief executive must—

(a)publicly notify the requirements of the plan for water users; and

(b)conduct public meetings to explain the requirements.

65   Amending or replacing a water use plan

(1)The Minister may—

(a)amend a water use plan; or

(b)prepare a new water use plan to replace an existing water use plan.

(2)The Minister must amend a water use plan or prepare a new water use plan to replace an existing water use plan if the Minister is satisfied the water use plan is not addressing the risk to land and water arising from the use of water on land in the plan area.

66   Preparing an amendment or replacement of a water use plan

(1)To amend or replace a water use plan, section 61 applies to the proposed amending or replacement water use plan (the amending or replacement plan)—

(a)as if a reference in the section to a water use plan were a reference to the amended or replaced plan; and

(b)with any other necessary changes.

(2)However, section 61 does not apply if the amendment to be made is—

(a)to correct a minor error in the water use plan, or make another change that is not a change of substance; or

(b)of a type stated in the plan as not requiring public consultation.

Division 5 Water management protocols

67   What is a water management protocol

A water management protocol is a document that, for the purpose of implementing a water plan, may state any of following for the plan area—

(a)if provided for in the water plan—the volumes of unallocated water reserved for stated purposes or stated locations, or a process for releasing unallocated water;

(b)for water allocations managed under a resource operations licence—the water allocation dealing rules;

Note—

See section 158 (Water allocation dealing rules).

(c)if provided for in the water plan—the criteria and process for deciding applications for a seasonal water assignment or for relocation of a water licence;

(d)for water allocations not managed under a resource operations licence—

(i)the water allocation dealing rules; and

(ii)the water sharing rules; and

(iii)the seasonal water assignment rules;

(e)anything else the chief executive considers necessary for implementing the water plan.

68   Making a water management protocol

(1)The chief executive may make 1 or more water management protocols to implement a water plan.

(2)A water management protocol must, for a water plan—

(a)be consistent with the water plan outcomes and the measures that contribute to achieving them; and

(b)achieve any objectives stated in the plan, including the water allocation security objectives and the environmental flow objectives; and

(c)be developed with adequate consultation with persons affected by the protocol as it implements the plan.

69   Amending or replacing a water management protocol

(1)The chief executive may amend or replace a water management protocol at any time.

(2)The amendment or replacement must—

(a)be consistent with the water plan outcomes and the measures that contribute to achieving them; and

(b)achieve any objectives stated in the plan, including the water allocation security objective and the environmental flow objectives; and

(c)be developed with adequate consultation with persons affected by the protocol as it implements the plan.

(3)If the water plan outcomes, measures or objectives are changed, the chief executive must amend the relevant water management protocol to the extent necessary to be consistent with the water plan.

(4)If the chief executive amends or replaces a water management protocol, the chief executive must publish a statement of changes made to the protocol.

Division 6 Water entitlement notice

70   What is a water entitlement notice

(1)A water entitlement notice is a notice that, for the purpose of implementing a water plan, provides for any or all of the following in the plan area—

(a)the conversion to a water allocation of a water licence, interim water allocation or other authority to take water;

(b)the grant of a water allocation or water licence—

(i)as a result of an unallocated water release; or

(ii)to replace a surrendered water allocation;

(c)the cancellation of a surrendered water allocation;

(d)the granting of a water licence without the need for an application to be made under section 107;

Note—

See section 116 (Granting a water licence under a process in a plan or regulation).

(e)the amendment of a water licence to implement the plan;

(f)the refusal of a particular application for a water licence if necessary to implement the plan;

(g)the repeal of a water licence if the licence is no longer necessary to authorise a particular take of, or interference with, water;

(h)the replacement of a water licence with another water licence necessary to authorise a particular take of, or interference with, water.

(2)If a water allocation or water licence is no longer necessary to authorise a particular take of, or interference with, water, the water entitlement notice may state the authority under this Act that authorises the take or interference.

71   Making a water entitlement notice

The chief executive may make a water entitlement notice.

72   Draft water entitlement notice

(1)Before making a water entitlement notice, the chief executive must publish a draft of the water entitlement notice.

(2)As soon as practicable after publishing the draft of a water entitlement notice, the chief executive must publish a notice stating—

(a)the draft has been published; and

impact considerations, for chapter 3, see section 362.

impaired capacity, of a water bore, see section 412.

incoming owner, for chapter 2, part 3, division 5, subdivision 3, see section 188(1)(b).

indirect financial or personal interest, for a director, includes a financial or personal interest of the director’s spouse, relative or person with whom the director lives in a domestic relationship.

industrial instrument see the Industrial Relations Act 2016, schedule 5.

information notice, about a decision under this Act, means a notice—

(a)stating the following—

(i)the decision;

(ii)the reasons for the decision;

(iii)the name and address of any other person who was given the notice;

(iv)that any person given the notice may apply for an internal review of the decision within 30 business days after the day the notice is given; and

(b)including a copy of the relevant internal review provisions of this Act.

in-stream island, in a watercourse, is a storage of sediment—

(a)that is within the channel of the watercourse; and

(b)to which the following characteristics can generally be expected to apply—

(i)it is formed by processes within the watercourse;

(ii)its crest is not higher than either outer bank of the watercourse;

(iii)it is a dynamic feature, being changed by flow events in the watercourse;

(iv)it is made up of coarse materials, in particular sand and gravel.

Integrated Planning Act 1997 offence ...

interested person see section 851.

interference, with the flow of water in a watercourse lake or spring, includes interference with the flow of water—

(a)by impoundment, for example, by a dam, weir or excavation that stores water;

(b)by diversion, for example, by works such as a diversion channel that—

(i)divert the course of water in a watercourse outside of its bed and banks; and

(ii)may rejoin a watercourse downstream.

interim enforcement order see section 784(1).

interim resource operations licence ...

interim water allocation ...

intermittent, in relation to the flow of water in a watercourse or the collection of water in a lake, includes variable, having regard to seasonal variations, and to year by year variability of seasons.

internal review see section 862(1).

interstate distribution operations licence means a licence that is granted under an interstate law and authorises the licence holder to operate infrastructure to distribute water.

interstate law means a law of another State, including a repealed law, regulating the taking or using of water or the drilling of a water bore.

interstate resource operations licence means a licence that is granted under an interstate law and authorises the licence holder to manage the taking or using of water by other licensees.

irrigation entity, for chapter 4A, see section 721.

irrigation infrastructure means water infrastructure or other infrastructure constructed, erected or installed for the supply of water or the storage and distribution of water for the irrigation of crops or pastures.

Examples of irrigation infrastructure—

a supply channel, head ditch or tailwater drain

irrigation service means the supply of water or drainage services for irrigation of crops or pastures for commercial gain.

jump up means a vertical section of pipe joining 2 drains, or a sewer and a sanitary drain or property sewer, at different levels.

key commercialisation principles see section 638.

lake—

(a)if a feature is identified on the watercourse identification map as a lake—means the feature identified on the map; or

(b)otherwise—

(i)includes a lagoon, swamp or other natural collection of water, whether permanent or intermittent, and the bed, banks and any other element confining or containing the water; but

(ii)does not include a lake within which the high spring tide ordinarily flows and reflows or a drainage feature.

large service provider means—

(a)a service provider primarily providing bulk water services; or

(b)for a retail water service or sewerage service—a service provider with more than 25,000 connections to a registered service; or

(c)for an irrigation service—a service provider with—

(i)more than 500 users; and

(ii)a volume throughput, in any of the last 5 financial years, of more than 10,000ML.

lateral limits, in relation to a watercourse, see section 5(5).

levee—

1

A levee is an artificial embankment or structure which prevents or reduces the flow of overland flow water onto or from land.

2

A levee includes levee-related infrastructure.

3However, the following are not levees—

(a)prescribed farming activities;

(b)fill that is—

(i)deposited at a place for gardens or landscaping, including, for example, landscaping for the purposes of visual amenity or acoustic screening; and

(ii)less than the volume of material prescribed under a regulation;

(c)infrastructure used to safeguard life and property from the threat of coastal hazards;

(d)a structure regulated under another Act including, for example, the following—

(i)a levee constructed as emergency work under the Planning Act, section 166;

(ii)a structure constructed under an approved plan under the Soil Conservation Act 1986;

(iii)a structure whose design takes into account the impacts of flooding or flood mitigation but which is not primarily designed for flood mitigation;

Example—

a public road within the meaning of the Transport Infrastructure Act 1994

(iv)a structure constructed within the bed, or across a bank, of a watercourse, including, for example, a weir or barrage, the construction of which was carried out under this Act and for which a development permit under the Planning Act was given;

(v)an embankment or other structure constructed for long-term storage of water under the Water Supply Act;

Examples—

a ring tank or dam

(e)irrigation infrastructure that is not levee-related infrastructure.

levee-related infrastructure, for a levee, means infrastructure, including irrigation infrastructure, that is—

(a)connected with the construction or modification of the levee; or

(b)used in the operation of the levee to prevent or reduce the flow of overland flow water onto or from land.

Examples of infrastructure for paragraph (b)—

a channel, drain, outfall or pipe

limited authority ...

lodge means lodge with the registrar for registration or recording on the water allocations register.

long-term affected area see section 387.

make good agreement, for a water bore, see section 420.

make good measure, for a water bore, see section 421.

make good obligations, of a petroleum tenure holder for a water bore, for chapter 3, see section 362.

manager means the manager of the office.

mandatory term, for chapter 2A, part 3, see section 360G(2)(a).

market ...

market rules ...

maximum rate, for chapter 2, part 3, division 4, see section 144.

measurement contractor means a person appointed as a measurement contractor under section 973.

measurement device—

(a)means a meter or other device used in connection with calculating or measuring water taken, or interfered with, under this Act; and

(b)includes equipment related to the meter or device for calculating or measuring, or recording, or transmitting or otherwise reporting, information about—

(i)the taking of, or interfering with, water; or

(ii)the quality of water.

Example of a measurement device—

a telemetry device

measurement requirements means measurement requirements under chapter 2, part 3A, division 2.

measurement system means a system—

(a)used in connection with calculating or measuring water taken under an authorisation to take water under this Act; and

(b)comprising 2 or more components that may include—

(i)a measurement device; and

(ii)information, measures or methodologies for identifying and calculating or measuring water taken.

medium service provider means—

(a)for a retail water service or sewerage service—a service provider with more than 1,000 but not more than 25,000 connections to a registered service; or

(b)for an irrigation service—a service provider with—

(i)more than 100 but not more than 500 users; and

(ii)a volume throughput, in any of the last 5 financial years, of more than 10,000ML.

megalitre means 1 million litres.

meter ...

metered entitlement ...

metering contractor ...

Mineral Resources Act means the Mineral Resources Act 1989.

mining tenure means a mineral development licence or mining lease under the Mineral Resources Act.

mining tenure holder means the holder of a mining tenure.

minor change application means a change application for a minor change to a development approval, as defined in the Planning Act.

ML means megalitre.

monitoring equipment—

(a)means equipment for reading rainfall, water flow or water levels or for assessing the effects of taking of, or interfering with, water or water use on land and water; and

(b)includes a measurement device.

moratorium notice see section 30(1).

nominal volume means—

(a)for a water allocation managed under a resource operations licence—the number used to calculate the allocation’s share of the water available to be taken by holders of water allocations in the same priority group; and

(b)for a water allocation not managed under a resource operations licence—the number used to calculate the allocation’s share of the water available to be taken by holders of water allocations in all water allocation groups in a water plan area.

nominated water service provider see section 343.

nominated waterway ...

nominator, for chapter 2, part 3, division 5, see section 178(1).

nominee, for chapter 2, part 3, division 5, see section 178(1).

non-Act water means water, including recycled and desalinated water, from any source, other than water included in the definition of water, item 1, in this schedule.

non-residential customer means a customer who uses water on non-residential premises.

non-residential premises means premises that are not used for residential purposes, including, for example, tourist accommodation, nursing homes, hostels, hospitals, caravan parks, convents, nurseries, market gardens, turf farms, farms, conference centres and the common property of a community title scheme under the Body Corporate and Community Management Act 1997 or under the Building Units and Group Titles Act 1980.

notice means written notice.

notice of closure means a notice of closure given under section 372 or 373.

occupier, of land, means the person in actual occupation of the land or, if there is no person in actual occupation, the person entitled to possession of the land.

office means the Office of Groundwater Impact Assessment.

Office of Groundwater Impact Assessment means the Office of Groundwater Impact Assessment established under section 455.

officer, of a water authority, means—

(a)a director of the authority; or

(b)the authority’s chief executive officer; or

(c)another person who is concerned, or takes part, in the authority’s management.

official, for chapter 2, part 3, division 5A, see section 203A(1).

old, for chapter 9, part 5, division 17, in relation to a provision of this Act, see section 1182.

operational work see the Planning Act, schedule 2.

operations manual see section 197(1).

operator ...

original decision see section 851(4).

other resources means quarry material and vegetation in a watercourse, lake or spring.

outdoor water use conservation plan ...

outer bank see section 5A.

overdue charge see section 574(3).

overdue rate see section 574(3).

overland flow water—

1

Overland flow water means water, including floodwater, that is urban stormwater or is other water flowing over land, otherwise than in a watercourse or lake—

(a)after having fallen as rain or in any other way; or

(b)after rising to the surface naturally from underground.

2

Overland flow water includes particular underground water declared to be overland flow water under section 1006A.

3

Overland flow water does not include—

(a)water that has naturally infiltrated the soil in normal farming operations, including infiltration that has occurred in farming activity such as clearing, replanting and broadacre ploughing; or

(b)tailwater from irrigation if the tailwater recycling meets best practice requirements; or

(c)water collected from roofs for rainwater tanks.

owner—

(a)of land, other than for chapter 2, part 3, division 2, means any of the following, and includes the occupier of the land—

(i)the registered proprietor of the land;

(ii)the lessee, sublessee or licensee under the Land Act 1994 of the land;

(iii)the holder of a mineral development licence or mining lease over the land under the Mineral Resources Act;

(iv)the plantation licensee of a plantation licence under the Forestry Act 1959;

(v)the person or body of persons who, for the time being, has lawful control of the land, on trust or otherwise;

(v)the holder of a geothermal tenure under the Geothermal Energy Act 2010 relating to the land;

(vi)the person who is entitled to receive the rents and profits of the land;

(vi)the holder of a GHG tenure under the Greenhouse Gas Storage Act 2009 relating to the land;

(vii)the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923 relating to the land;

(viii)the holder of a petroleum tenure under the Petroleum and Gas Act relating to the land; or

(b)for chapter 2, part 3, division 2, see section 104.

owner ...

owner ...

owner’s notice see section 36(2).

performance indicator, for a water plan, means a measure that can be calculated and is stated in the plan to assess the impact of an allocation and management decision or proposal on water entitlements and natural ecosystems.

performance plan, for a water authority, means the authority’s performance plan agreed to by the Minister under section 656, or taken to be agreed to by the Minister under section 657.

Petroleum and Gas Act means the Petroleum and Gas (Production and Safety) Act 2004.

petroleum tenure—

(a)generally, means—

(i)a 1923 Act petroleum tenure under the Petroleum Act 1923; or

(ii)a petroleum tenure under the Petroleum and Gas Act; and

(b)for chapter 3, part 2, divisions 3 and 4—includes a part of a petroleum tenure.

petroleum tenure holder means a person who holds a petroleum tenure.

placing of fill in a watercourse, lake or spring includes doing something that, in conjunction with other acts (regardless of who does those acts) or happenings (regardless of who, if anyone, causes those happenings) is likely to result in the depositing of fill in the watercourse, lake or spring.

plan area, for any plan under this Act, means the part of Queensland to which the plan applies.

plan area, for a water plan, means the area of Queensland to which the plan applies.

Planning Act means the Planning Act 2016.

Planning Act offence means an offence against the Planning Act, section 162, 163(1), 164, 165 or 168(5) to the extent the section relates to the taking of, or interfering with, water.

premises means—

(a)a lot as defined under the Planning Act, schedule 2; or

(b)for a lot under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980—the common property for the lot.

premises group means the land comprised in 2 or more premises all the owners of which have mutual rights and obligations under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980 for their respective ownerships, and includes the common property forming part of—

(a)if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997—the scheme land under that Act for the scheme; or

(b)if the premises are lots under the Building Units and Group Titles Act 1980—the parcel of which the premises form part.

prescribed farming activities means—

(a)cultivating soil; or

Examples—

clearing, replanting and broadacre ploughing

(b)disturbing soil to establish non-indigenous grasses, legumes or forage cultivars; or

(c)using land for horticulture or viticulture; or

(d)laser levelling or contouring soil.

prescribed offence means an offence against this Act for which the maximum penalty of imprisonment is 2 or more years.

principles of ecologically sustainable development see section 7.

priority group, for water allocations managed under a resource operations licence, means the allocations that have the same water allocation security objective.

private water supply agreement see section 1000.

process—

(a)for sections 39(b), 40(2) and (3), 43(2)(f), 67(a), 116 and 147—includes selling or dealing with water entitlements, interim resource operations licences or resource operations licences by public auction, public ballot, fixed price sale, grant for a particular purpose or public tender; and

(b)for sections 43(2)(g), 67(a), 116 and 147—includes a direction to the chief executive to grant a water licence to a particular person.

production testing, for chapter 3, see section 362.

prohibited development ...

prohibited substance ...

project direction, for chapter 4A, see section 724(1).

properly made submission means a submission that—

(a)is made by an entity invited to make the submission; and

(b)is in writing and signed by each entity that made the submission; and

(c)is received on or before the last day for the making of the submission; and

(d)states the name and address of each entity that made the submission; and

(e)states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(f)is received by the person stated in the notice inviting the submission.

property service means—

(a)for a water service—the pipes and fittings installed for connecting premises to a service provider’s infrastructure; or

(b)for a sewerage service—a junction, bend, pipe, jump up or graded jump up required to connect a sanitary drain or property sewer to a service provider’s infrastructure.

property sewer means a sewer for a premises or a premises group.

proposed Barlil Weir ...

proposed desired level of service objectives see section 345(2)(a).

proposed plan area—

(a)for a draft water plan—means the part of Queensland to which a water plan, if approved, will apply; or

(b)for a draft resource operations plan—means the part of the plan area for a water plan to which a resource operations plan, if approved, will apply.

publish, in relation to a notice or other document to which section 1009A applies, means publish in accordance with that section.

quarry material—

1

Quarry material means material, other than a mineral within the meaning of any Act relating to mining, in a watercourse or lake.

2

Quarry material includes stone, gravel, sand, rock, clay, earth and soil unless it is removed from the watercourse or lake as waste material.

Queensland Government business and industry portal ...

Queensland Government website means a website with a URL that contains ‘qld.gov.au’, other than a website of a local government.

rate notice ...

ratepayer, of a water authority that has an authority area, means an owner of land within that authority area.

reasonably believes means believes on grounds that are reasonable in the circumstances.

receiving entity ...

referable dam see the Water Supply Act, section 341.

referral agency ...

regional plan ...

regional water security options ...

regional water security program ...

registered grid participant ...

registered owner, of land, means—

(a)the registered owner of the land under the Land Title Act 1994; or

(b)the lessee or licensee of the land under the Land Act 1994.

registered professional engineer ...

registered proprietor, of land, see the Land Title Act 1994, schedule 2.

registered service, for a service provider, means a water or sewerage service for which the service provider is registered.

registrar means the registrar appointed under section 167.

registrar of titles means the registrar of titles under the Land Title Act 1994.

regular audit means an audit conducted under section 417.

regulator means the regulator under the Water Supply Act.

related local government ...

relevant authorisation, in relation to a measurement requirement, see section 217B.

relevant authority ...

relevant company means—

(a)for chapter 8, part 3C, division 1—see section 992G; or

(b)for chapter 8, part 3C, division 2—see section 992K; or

(c)for chapter 8, part 3C, division 3—see section 992M.

relevant dam ...

relevant entity, for chapter 2, part 3, division 5A, see section 203A(2).

relevant underground water rights, for chapter 3, see section 362.

relocate, a water licence, see section 126(4).

repealed Act means the Water Resources Act 1989.

repealed Acts means the—

(a)repealed GAWB Act; or

(b)repealed Act.

repealed GAWB Act means the Gladstone Area Water Board Act 1984.

report obligation, for chapter 3, see section 362.

residential complex see the Environmental Protection Act 1994, schedule 4.

residential premises means premises used for a residential purpose.

resource operations licence means a resource operations licence granted under chapter 2, part 3, division 5.

resource operations plan ...

resource tenure means—

(a)a mining tenure; or

(b)a petroleum tenure.

resource tenure holder means—

(a)a mining tenure holder; or

(b)a petroleum tenure holder.

responsible entity, for chapter 3, see section 362.

responsible tenure holder, for chapter 3, see section 362.

retail water service—

1

Retail water service means a reticulated water service in a service area for a water service.

2The term does not include—

(a)an irrigation service or a bulk water service in any area; or

(b)the supply of recycled water in any area.

review decision see section 864(2).

reviewer see section 862(1).

review notice see section 864(3).

riverine protection permit see section 218(1).

rules administrator ...

safety condition ...

sanitary drain means a drain (not including a pipe that is a part of common effluent drainage) that is immediately connected to, and used to carry discharges from, a soil or waste pipe for an individual premises.

scheme ...

scour mark, in relation to a watercourse, means—

(a)a mark made on a bank of the watercourse by the sweeping action of suspended sediments in water during flows in the watercourse; or

(b)a mark that can be identified by weathering stains, or the absence of lichens, on erosion-resistant surfaces of a bank of the watercourse.

Example of an erosion-resistant surface—

rock

seasonal water assignment means—

(a)for each of the following instruments—assignment by the holder of the instrument of the benefit under the instrument, for a water year, or shorter period prescribed by a water management protocol, of all or part of the water that may be taken under the instrument—

(i)a water allocation;

(ii)a seasonal water assignment notice for a water allocation; or

(b)for each of the following instruments—assignment by the holder of the instrument of the benefit under the instrument, for a water year, of all or part of the water that may be taken under the instrument—

(i)a water licence;

(ii)a seasonal water assignment notice for a water licence.

seasonal water assignment notice means—

(a)for a water allocation—a seasonal water assignment notice granted under a process prescribed by regulation; or

(b)for a water licence—a seasonal water assignment notice granted under chapter 2, part 3, division 2.

seasonal water assignment rules means the rules stated in a regulation, water management protocol or operations manual that allow seasonal water assignments or approval of applications for proposed seasonal water assignments.

self-assessable development ...

SEQ bulk supplier see section 360C.

SEQ region see section 341.

SEQ service provider see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, schedule.

Seqwater means Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007.

SEQ Water ...

service area ...

service provider means—

(a)a water service provider; or

(b)a sewerage service provider under the Water Supply Act.

service provider register ...

service provider water restriction see the Water Supply Act, section 41.

sewerage means a sewer, access chamber, vent, engine, pump, structure, machinery, outfall or other work used to receive, store, transport or treat sewage.

sewerage service means—

(a)sewage treatment; or

(b)the collection and transmission of sewage through infrastructure; or

(c)the disposal of sewage or effluent.

sewerage service provider ...

show cause notice means a notice that complies with section 779.

small service provider ...

special agreement means a special agreement Act or an agreement contained in a special agreement Act.

special agreement Act means—

(a)for chapter 8, part 3C, division 1—see section 992G; or

(b)for chapter 8, part 3C, division 2—see section 992K; or

(c)for chapter 8, part 3C, division 3—see section 992M.

specified conditions—

(a)for chapter 8, part 3C, division 1—

(i)for the Alcan Queensland Pty. Limited Agreement Act 1965, means the conditions stated in section 29A(2) of the agreement under that Act; or

(ii)for the Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957, means the conditions stated in section 32A(2) of the agreement under that Act; or

(b)for chapter 8, part 3C, division 3—for any special agreement Act, means any condition stated in the special agreement under the special Agreement Act relating to taking or interfering with water.

specified works ...

spent conviction ...

spot audit ...

spot audit report ...

spouse ...

spring means—

(a)if a feature is identified on the watercourse identification map as a spring—the feature identified on the map; or

(b)otherwise—the land to which water rises naturally from below the ground and the land over which the water then flows.

spring impact management strategy means a spring impact management strategy that complies with section 379.

start day, for a petroleum tenure, for chapter 3, see section 362.

State quarry material means—

(a)quarry material that is the property of the State under section 226; and

(b)if quarry material not mentioned in paragraph (a) is reserved under the Land Act 1994, section 22, and is in a watercourse or lake—the quarry material.

statutory authorisation to take or interfere with water means an authorisation to take or interfere with water under chapter 2, part 3, division 1.

stock purposes, in relation to taking or interfering with water, means—

(a)watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used; or

(b)watering travelling stock on a stock route.

stock route see the Stock Route Management Act 2002, schedule 3.

storage capacity ...

stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater.

strategic asset management plan ...

strategic water infrastructure reserve means unallocated water held as—

(a)a strategic water infrastructure reserve under a water plan; or

(b)a strategic reserve, that is not set aside for Indigenous purposes, under a water plan.

subartesian area ...

subartesian bore includes a shaft, well, gallery, spear or excavation, and any works constructed in connection with the shaft, well, gallery, spear or excavation, that taps an aquifer and the water does not flow and never has flowed naturally to the surface.

subartesian water means water that occurs naturally in, or is introduced artificially into, an aquifer, which if tapped by a bore, would not flow naturally to the surface.

submissions summary see section 383(1)(b).

submitter means an entity who made a properly made submission under this Act.

submitter notice see section 863(3).

subsidiary company, of an entity, means that under the Corporations Act, section 9 the company is a subsidiary of the entity.

SunWater means SunWater Limited ACN 131 034 985.

supply contract means a contract for the storage and supply of water under a water entitlement, a water supply emergency declaration or a water supply emergency regulation.

sustainable management ...

Sustainable Planning Act 2009 offence ...

system leakage management plan ...

system operating plan ...

taking, for water, includes diverting water.

temporary full supply level, for a dam, means the temporary full supply level declared for the dam under the Water Supply Act, chapter 4, part 3.

test hole means a hole made for the purpose of obtaining information about—

(a)the water production capacity, water production quality or hydraulic properties of a geological structure or formation; or

(b)the suitability of a geological structure or formation to be tapped by a water bore.

threshold limit ...

titles registry fee, for a matter mentioned in a provision of this Act, means the fee payable for the matter under section 1013CB.

titles registry operator means the operator under the Queensland Future Fund (Titles Registry) Act 2021.

top of the barrier ...

Torres Strait Islander party see section 95(2).

trade waste ...

trade waste approval ...

transfer, of a resource operations licence, an interim resource operations licence or a water allocation, means the passing of the legal or beneficial interest in the licence or allocation.

transferable employee, for chapter 4A, see section 738.

transfer day, for a declared channel scheme, for chapter 4A, see section 718.

transferee, for chapter 2, part 3, division 5, subdivision 3, see section 187(1).

transfer notice, for chapter 4A, see section 723(1).

transferring entity ...

travelling stock see the Stock Route Management Act 2002, schedule 3.

unallocated State land see the Land Act 1994, schedule 6.

unconsolidated aquifer, for chapter 3, see section 362.

underground water means water that occurs naturally in, or is introduced artificially into, an aquifer.

underground water impact report, for chapter 3, see section 362.

underground water obligation, of a resource tenure holder, for chapter 3, see section 362.

underground water rights—

(a)for the holder of a mining tenure—see the Mineral Resources Act, section 334ZP; or

(b)for the holder of a 1923 Act petroleum tenure under the Petroleum Act 1923—means the taking of water necessarily taken as part of production testing or petroleum production under 1 or more 1923 Act petroleum tenures; or

(c)for the holder of a petroleum tenure under the Petroleum and Gas Act—see the Petroleum and Gas Act, sections 185(2)(a) and 186(3).

unit of public administration ...

upstream limit ...

urban area means an area identified as an area intended specifically for urban purposes, including future urban purposes (but not rural residential or future rural residential purposes) on a map in a planning scheme under the Planning Act that—

(a)identifies the areas using cadastral boundaries; and

(b)is used exclusively or primarily to assess development applications under that Act.

Example—

a zoning map

urban stormwater means water flowing over land, or in drainage pipes, in an urban area.

urban water service means a drinking water service under the Water Supply Act or a retail water service.

vegetation means native plants including trees, shrubs, bushes, seedlings, saplings and reshoots.

volumetric limit, for chapter 2, part 3, division 4, see section 145.

water—

1

Generally, water means all or any of the following—

(a)water in a watercourse, lake or spring;

(b)underground water;

(c)overland flow water;

(d)water that has been collected in a dam.

2

In chapter 2A and section 1163, water also includes recycled and desalinated water, from any source.

water activity, for a water authority, includes an activity for the following—

(a)water conservation;

(b)water supply;

(c)irrigation;

(d)drainage, including stormwater drainage;

(e)flood prevention;

(f)floodwater control;

(g)underground water supply improvement or replenishment;

(h)sewerage;

(i)anything else dealing with water management.

water advice ...

water allocation means an authority granted under section 146 or 147 to take water.

water allocation change rules ...

water allocation dealing see section 156.

water allocation dealing rules means the rules under section 158.

water allocation group means a group of water allocations mentioned in a water plan.

water allocation security objective means an objective stated in a water plan to protect the share of water available to the holder of a water allocation.

water allocations register means the register kept under section 168.

water authority means a water authority established under this Act.

water bore means an artesian bore or a subartesian bore.

water bore drilling activity means any of the following activities—

(a)drilling, deepening, enlarging or casing a water bore or test hole;

(b)removing, replacing, altering or repairing the lining or screen of a water bore or test hole;

(c)removing, replacing, altering or repairing the casing of a water bore (other than a subartesian bore casing less than 1.2m below the surface) or test hole;

(d)decommissioning a water bore or test hole.

watercourse see section 5.

watercourse identification map see section 5AA.

water efficiency management plan ...

water entitlement means a water allocation, interim water allocation or water licence.

water entitlement notice see section 70.

water grid manager ...

water in a watercourse or lake includes water collected in a dam across the watercourse or lake.

water infrastructure means works operated by the State or the holder of an interim resource operations licence, resource operations licence or other authorisation that is relevant to the management of water entitlements.

water infrastructure owner, for a provision about a licence or a proposed licence, means the owner of the water infrastructure to which the licence or proposed licence applies or will apply.

water level, of an aquifer, for chapter 3, see section 362.

water licence means a licence granted under chapter 2, part 3, division 2.

water management area means—

(a)an area of the State declared under a regulation to be a water management area; or

(b)an area identified in a water plan or a water management protocol as a water management area.

water management protocol see section 67.

water monitoring authority means a water monitoring authority granted under the Mineral Resources Act, the Petroleum Act 1923 or the Petroleum and Gas Act.

water monitoring bore see section 362.

water monitoring strategy means a water monitoring strategy that complies with section 378.

water permit means a permit granted under chapter 2, part 3, division 3.

water plan see section 41.

water planning instrument means a water plan, water management protocol or moratorium notice.

water plan outcomes see section 43(1)(b).

water quality issue, for chapter 2, part 3, division 5A, see section 203A(2).

water resource plan ...

water restriction ...

water security includes the reliability of water supply.

water security program means a program that complies with section 353.

water service means—

(a)water harvesting or collection, including, for example, water storages, groundwater extraction or replenishment and river water extraction; or

(b)the transmission of water; or

(c)the reticulation of water; or

(d)drainage, other than stormwater drainage; or

(e)water treatment or recycling.

water service declaration ...

water service provider means a person registered under the Water Supply Act, chapter 2, part 3 as a service provider for a water service.

water sharing rules means—

(a)for a water entitlement, or other authorisation to take water under this Act, managed under a water management protocol—the water sharing rules that apply to the water entitlement or other authorisation that are included in the protocol; or

(b)for a water entitlement or other authorisation to take water under this Act, managed under a resource operations licence—the water sharing rules included in the licence or operations manual under the licence; or

(c)for a water licence, or other authorisation to take water under this Act, not managed under a water management protocol or resource operations licence—the water sharing rules that apply to the water licence or other authorisation that are prescribed by regulation.

Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.

water supply emergency see section 25A.

water supply emergency declaration means a declaration made under section 25B.

water supply emergency regulation see section 25F.

water supply emergency response see section 25C.

water supply scheme means a water supply scheme for which a resource operations licence or interim resource operations licence has been issued.

water supply works means water infrastructure or other works for the supply of water or the storage, distribution or treatment of water.

water use plan see section 58.

water year, for a water management protocol, resource operations licence, operations manual, interim resource operations licence or water licence, means—

(a)the accounting period prescribed by regulation for the protocol, licence or manual; or

(b)until a period is prescribed under paragraph (a)—the accounting period stated in the protocol, licence or manual for taking water under the protocol, licence or manual.

Webbe-Weller review means the document dated March 2009 and called ‘Brokering balance: A public interest map for Queensland Government bodies—An independent review of Queensland Government boards, committees and statutory authorities—Part B report’.

Editor’s note—

A copy of the report is available for inspection at means a barrier constructed across a watercourse below the outer banks of the watercourse that hinders or obstructs the flow of water in the watercourse.

Wenlock Basin, for chapter 8, part 3C, division 1, see section 992G.

Wenlock Basin wild river area ...

Wenlock Basin Wild River Declaration ...

wild river area ...

wild river declaration ...

wild river floodplain management area ...

wild river high preservation area ...

wild river preservation area ...

wild river special floodplain management area ...

wild river subartesian management area ...

work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.

works means—

(a)operations of any kind and all things constructed, erected or installed for the purposes of this Act; and

(b)any land used for the operations.