Water Amendment Regulation (No. 1) 2005 (Qld)

Queensland Water Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 10 made under the WaterAct2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 32 (Returning officer for election of directors—Act, s 598). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Insertion of new ss 32A–32E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 32A Procedures for election of directors . . . . . . . . . . . . . . 4 32B Election of directors by mail or at meeting . . . . . . . . . 5 32C Notice of election at meeting . . . . . . . . . . . . . . . . . . . 5 32D Appointment of proxy for election at meeting . . . . . . . 6 32E Minutes of meeting for election. . . . . . . . . . . . . . . . . . 6 6 Amendment of s 33 (Roll of voters) . . . . . . . . . . . . . . . . . . . . . . . 7 7 Replacement of s 34, hdg (Nominations) . . . . . . . . . . . . . . . . . . . 7 8 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 34A Nominations for election at meeting . . . . . . . . . . . . . . 7 9 Amendment of s 36 (Preparing ballot papers) . . . . . . . . . . . . . . . 8 10 Replacement of s 37, hdg (Distributing voting material). . . . . . . . 8 11 Insertion of new s 37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 37A Distributing ballot papers for election at meeting . . . . 8 12 Replacement of s 38 (How long ballot is open) . . . . . . . . . . . . . . 8 38 How long ballot for election by mail is open . . . . . . . . 9

2 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 13 Replacement of s 39, hdg (Voting) . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Insertion of new s 39A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 39A Voting in election at meeting . . . . . . . . . . . . . . . . . . . 9 15 Replacement of s 40, hdg (How returning officer must deal with voting material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Amendment of s 41 (Scrutiny) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Replacement of s 42, hdg (Initial scrutiny of voting material) 10 18 Amendment of s 43 (Counting votes) . . . . . . . . . . . . . . . . . . . . . . 10 19 Amendment of s 45 (Declaring election result) . . . . . . . . . . . . . . 10 20 Amendment of s 49 (Destroying vegetation in a watercourse, lake or spring—Act, s 814) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21 Amendment of s 50 (Excavating in a watercourse, lake or spring—Act, s 814). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22 Amendment of s 51 (Placing fill in a watercourse, lake or spring—Act, s 814). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Amendment of s 56 (Water management areas) . . . . . . . . . . . . . 12 24 Amendment of s 57 (Changing boundaries of water management areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Amendment of s 59 (Minimum charge) . . . . . . . . . . . . . . . . . . . . 13 26 Amendment of s 60 (Notice for payment of charges) . . . . . . . . . . 13 27 Omission of s 60A (Metering service charge—Act, s 1014). . . . . 13 28 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 6A Metering Division 1 Preliminary 67A Purpose of pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 67B How purpose is to be achieved . . . . . . . . . . . . . . . . . 13 Division 2 Meter installation 67C Metered entitlement notice . . . . . . . . . . . . . . . . . . . . . 14 67D Metering information notice . . . . . . . . . . . . . . . . . . . . 14 67E Meter assessment notice . . . . . . . . . . . . . . . . . . . . . . 15 67F Site preparation by holder or owner . . . . . . . . . . . . . . 16 67G Meter installation by holder or owner . . . . . . . . . . . . . 17 Division 3 Metered entitlements 67H Declaration of metered entitlements. . . . . . . . . . . . . . 17 67I Metering service charge—Act, s 1014 . . . . . . . . . . . . 18 Division 4 Miscellaneous 67J Ownership of approved meters . . . . . . . . . . . . . . . . . 20 67K Meter reading by holder of metered entitlement or owner of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

3 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 67L Meter reading by chief executive . . . . . . . . . . . . . . . . 20 67M Metering exit charge—Act, s 1014 . . . . . . . . . . . . . . . 21 67N Specifications issued by chief executive. . . . . . . . . . . 21 29 Amendment of s 70 (Declared subartesian areas—Act, s 1046) . 21 30 Amendment of pt 7, div 6, hdg (Repeals). . . . . . . . . . . . . . . . . . . 21 31 Insertion of new pt 7, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 6 Transitional provisions for Water Amendment Regulation (No. 1) 2005 74C Water licences mentioned in s 60A . . . . . . . . . . . . . . 22 74D Effect of change to date water year ends . . . . . . . . . . 22 32 Amendment of sch 1 (Persons nominated for the Act, section 168) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 33 Amendment of sch 2 (Entities—Act, sections 190, 193, 206 and 213) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 34 Amendment of sch 6 (Water authorities) . . . . . . . . . . . . . . . . . . . 23 35 Amendment of sch 11 (Subartesian areas) . . . . . . . . . . . . . . . . . 23 36 Amendment of sch 13 (Authority areas) . . . . . . . . . . . . . . . . . . . . 23 37 Amendment of sch 14 (Water charges) . . . . . . . . . . . . . . . . . . . . 24 38 Insertion of new sch 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Schedule 15A Metered entitlements 39 Amendment of sch 16 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 40 Amendment of sch 17 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 26

s1 4 s5 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 1 Short title This regulation may be cited as the Water Amendment Regulation (No. 1) 2005 . 2 Commencement Section 37(2) commences on 1 April 2005. 3 Regulation amended This regulation amends the Water Regulation 2002. 4 Amendment of s 32 (Returning officer for election of directors—Act, s 598) (1) Section 32(1), after ‘directors’— insert— ‘or any election when there are no directors comprising a water authority’s board’. (2) Section 32(2), ‘a subsequent’— omit, insert— ‘any other’. 5 Insertion of new ss 32A–32E After section 32— insert— ‘32A Procedures for election of directors ‘(1) An election of directors may be conducted— (a) by mail; or (b) at a meeting. ‘(2) In subsection (1)— by mail , in relation to the conduct of an election, means other than at a meeting and may include voting material being given, for example—

s5 5 s5 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (a) by handing it to the person; or (b) by sending it by mail; or (c) by sending it by facsimile; or (d) by sending it electronically. ‘32B Election of directors by mail or at meeting ‘(1) For a first election of directors or any election when there are no directors comprising a water authority’s board, the chief executive may decide to allow the returning officer to conduct the election at a meeting of the authority’s ratepayers rather than by mail if the chief executive is satisfied— (a) the authority’s area includes only a small number of ratepayers; and (b) the ratepayers would be able to attend a meeting for the election. ‘(2) For any other election of directors, the board may decide to allow the returning officer to conduct the election at a meeting of the authority’s ratepayers if the board is satisfied of the matters mentioned in subsection (1)(a) and (b). ‘32C Notice of election at meeting ‘(1) If a decision is made under section 32B to conduct an election at a meeting, the returning officer must send a notice about the election to each of the authority’s ratepayers. ‘(2) The notice must state— (a) for a first election of directors—that the water authority has been established or formed; 1 and (b) that a meeting will be held to elect the directors of the authority; and (c) the date and place for the meeting; and (d) that the ratepayer may appoint a proxy to— 1 See sections 548 (Establishing water authorities) and 690 (Amalgamating water authorities and authority areas) of the Act.

s5 6 s5 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (i) attend the meeting; and (ii) if section 33(3) or (5) applies to the ratepayer—nominate an individual; and (iii) if the ratepayer is entitled to vote— (A) nominate a candidate for election under section 34A; and (B) vote on behalf of the ratepayer. ‘(3) The date for the meeting must be at least 15 business days after the returning officer sends the notice. ‘(4) The election may be held at a meeting of the board being held for another purpose. ‘32D Appointment of proxy for election at meeting ‘(1) The appointment of a proxy is effective only if a properly completed proxy form is given to the returning officer before the returning officer calls for nominations under section 34A. ‘(2) A properly completed proxy form— (a) states the full name of the person appointed; and (b) is signed by both the person appointing and the person appointed. ‘(3) The appointment of the proxy— (a) can not be transferred by the holder of the appointment to another person; and (b) can not be irrevocable. ‘(4) A ratepayer who is a proxy for another ratepayer may, in the absence of the other ratepayer, vote both in the ratepayer’s own right and also as proxy for the other ratepayer. ‘(5) However, a proxy must not be exercised if the ratepayer who appointed the proxy is present at the meeting for the election. ‘32E Minutes of meeting for election ‘(1) The returning officer must—

s6 7 s8 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (a) ensure minutes are recorded of all proceedings of the meeting for the election; and (b) sign the minutes to verify their accuracy. ‘(2) As soon as practicable after the meeting, the returning officer must ensure a copy of the minutes is given to each ratepayer.’. 6 Amendment of s 33 (Roll of voters) Section 33— insert— ‘(10) If the election is held at a meeting, the returning officer must compile the roll of voters at the meeting.’. 7 Replacement of s 34, hdg (Nominations) Section 34, heading— omit, insert— ‘34 Nominations for election by mail’. 8 Insertion of new s 34A After section 34— insert— ‘34A Nominations for election at meeting ‘(1) The returning officer must, at a meeting to elect directors, call for nominations of persons eligible to be elected. ‘(2) A nomination must be by a voter or a voter’s proxy, seconded by another voter and accepted by the candidate nominated. ‘(3) If the candidate nominated is not present at the meeting, the nomination must be— (a) in writing; and (b) signed by the candidate and 2 voters; and (c) given to the returning officer at the time the officer calls for nominations.

s 9 8 s 12 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ‘(4) A person must not, under subsection (3), state anything the person knows is false or misleading in a material particular. Maximum penalty—20 penalty units. ‘(5) It is enough for a complaint for an offence against subsection (4) to state the statement made was ‘false or misleading’ to the person’s knowledge, without specifying which.’. 9 Amendment of s 36 (Preparing ballot papers) Section 36— insert— ‘(4) Subsection (1)(d) and (e) do not apply to the ballot paper for an election at a meeting.’. 10 Replacement of s 37, hdg (Distributing voting material) Section 37, heading— omit, insert— ‘37 Distributing voting material for election by mail’. 11 Insertion of new s 37A After section 37— insert— ‘37A Distributing ballot papers for election at meeting ‘(1) The returning officer must give a ballot paper to each voter. ‘(2) After giving a ballot paper, the returning officer must note against the voter’s name on the roll of voters that the ballot paper has been given. ‘(3) The returning officer must have a lockable ballot box and keys at the meeting.’. 12 Replacement of s 38 (How long ballot is open) Section 38—

s 13 9 s 14 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 omit, insert— ‘38 How long ballot for election by mail is open ‘A ballot for election by mail must remain open for at least 10 business days.’. 13 Replacement of s 39, hdg (Voting) Section 39, heading— omit, insert— ‘39 Voting in election by mail’. 14 Insertion of new s 39A After section 39— insert— ‘39A Voting in election at meeting ‘(1) A voter may vote only once in an election. Maximum penalty—20 penalty units. ‘(2) A voter may vote by— (a) marking a tick or cross on the ballot paper in the squares opposite the names of up to the number of candidates that may be elected by the voters for the area to constitute the board; and (b) putting the ballot paper in the ballot box. ‘(3) At the time the voter puts the ballot paper in the ballot box, the returning officer must note the fact that the voter has voted against the voter’s name on the roll. ‘(4) If a voter satisfies the returning officer that the ballot paper given to the voter has been incorrectly marked, damaged or is otherwise no longer suitable for voting, the returning officer must give the voter a duplicate ballot paper. ‘(5) A person who is not on the roll of voters for the election may not vote in the election. Maximum penalty for subsection (5)—20 penalty units.’.

s 15 10 s 19 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 15 Replacement of s 40, hdg (How returning officer must deal with voting material) Section 40, heading— omit, insert— ‘15 How returning officer must deal with voting material for election by mail’. 16 Amendment of s 41 (Scrutiny) (1) Section 41(1), after ‘voting’— insert— ‘in an election by mail’. (2) Section 41(2), ‘may’— omit, insert— ‘in an election by mail or at a meeting may, before voting closes,’. 17 Replacement of s 42, hdg (Initial scrutiny of voting material) Section 42, heading— omit, insert— ‘42 Initial scrutiny of voting material for election by mail’. 18 Amendment of s 43 (Counting votes) Section 43— insert— ‘(5) For an election at a meeting— (a) subsection (2)(a) to (c) do not apply; and (b) the votes must be counted in the presence of the voters and scrutineers.’. 19 Amendment of s 45 (Declaring election result) (1) Section 45(1)—

s 20 11 s 21 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 omit, insert— ‘(1) As soon as practicable after an election result is decided, the returning officer must— (a) give each candidate a signed declaration of the result; and (b) give each ratepayer notice of the result; and (c) if the election was conducted at a meeting—announce the result at the meeting.’. (2) Section 45(2)(h), after ‘scrutiny’— insert— ‘or counting’. (3) Section 45— insert— ‘(4) Subsection (2)(f) does not apply to an election at a meeting.’. 20 Amendment of s 49 (Destroying vegetation in a watercourse, lake or spring—Act, s 814) Section 49(a)— insert— ‘(vi) the Powerlink Guideline for Activities in a Watercourse or Lake for Destroying up to 0.25 ha of Vegetation, Excavating up to 500 m 3 , and Placing up to 500 m 3 of Fill; or’. 21 Amendment of s 50 (Excavating in a watercourse, lake or spring—Act, s 814) Section 50— insert— ‘(f) the Powerlink Guideline for Activities in a Watercourse or Lake for Destroying up to 0.25 ha of Vegetation, Excavating up to 500 m 3 , and Placing up to 500 m 3 of Fill.’.

s 22 12 s 24 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 22 Amendment of s 51 (Placing fill in a watercourse, lake or spring—Act, s 814) Section 51(a)— insert— ‘(iv) the Powerlink Guideline for Activities in a Watercourse or Lake for Destroying up to 0.25 ha of Vegetation, Excavating up to 500 m 3 , and Placing up to 500 m 3 of Fill; or’. 23 Amendment of s 56 (Water management areas) (1) Section 56(2)— insert— ‘(d) implementing water metering under part 6A.’. (2) Section 56— insert— ‘(4A) A water resource plan or a resource operations plan may declare a part of the plan area to be a water management area.’. (3) Section 56(6)(a), ‘licensed’— omit, insert— ‘authorised’. (4) Section 56— insert— ‘(7) Subsection (6) does not apply to a water management area declared under a water resource plan or a resource operations plan.’. 24 Amendment of s 57 (Changing boundaries of water management areas) Section 57(2)(a), ‘licensed’— omit, insert— ‘authorised’.

s 25 13 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 25 Amendment of s 59 (Minimum charge) Section 59(2), ‘a water licence’— omit, insert— ‘an authorisation under this Act’. 26 Amendment of s 60 (Notice for payment of charges) Section 60(1)(b), ‘water licence’— omit, insert— ‘authorisation’. 27 Omission of s 60A (Metering service charge—Act, s 1014) Section 60A— omit . 28 Insertion of new pt 6A After section 67— insert— ‘Part 6A Metering ‘Division 1 Preliminary ‘67A Purpose of pt 6A ‘The purpose of this part is to implement a system for the compulsory use of water meters for taking or interfering with water in the State. ‘67B How purpose is to be achieved ‘The purpose is to be achieved by— (a) providing for the installation of water meters; and

s 28 14 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (b) declaring certain authorisations to be metered entitlements; and (c) applying divisions 3 and 4 to the metered entitlements. ‘Division 2 Meter installation ‘67C Metered entitlement notice ‘(1) The chief executive may give a notice (a metered entitlement notice ) to— (a) the holder of an authorisation; or (b) if there are works on land and no authorisation for taking or interfering with water through the works—the owner of the works. ‘(2) The notice must— (a) state the authorisation or works to which the notice relates; and (b) tell the holder or owner about the meter installation process and the metering service charge to which the holder or owner will be subject; and (c) require the holder or owner to provide the information for a metering contractor to complete a notice (a metering information notice ) about existing works on the land. ‘67D Metering information notice ‘(1) The information required by a metering information notice may include the following— (a) if there are existing works—the owner and title details of the land on which the works are situated; (b) the type of existing works, the purpose and size of the works and technical details about the works; (c) whether a meter is installed in relation to the works; (d) if a meter is installed—the type, size and age of the meter.

s 28 15 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ‘(2) The metering information notice may require the information to be verified by statutory declaration. ‘(3) The holder or owner must provide the information verbally for recording by the metering contractor on the metering information notice at the time required by the metering contractor. Maximum penalty for subsection (3)—10 penalty units. ‘(4) The chief executive may require the holder or owner to provide further information about the works or meter. ‘(5) The holder or owner must provide the information within the time stated in the request. Maximum penalty for subsection (5)—10 penalty units. ‘(6) If there is any change to the works or meter after the metering information notice is completed, the holder or owner must, as soon as practicable after the change, give the chief executive notice of the change. Maximum penalty for subsection (6)—10 penalty units. ‘67E Meter assessment notice ‘(1) After assessing the information given in a metering information notice, the chief executive must give the holder or owner a notice (a meter assessment notice ). ‘(2) The meter assessment notice tells the holder or owner the following— (a) if there is an existing meter, whether the meter— (i) is acceptable; or (ii) needs to be modified and, if so, the extent of the modification; or (iii) needs to be replaced; (b) if the existing meter is acceptable or needs to be modified but not replaced— (i) the holder or owner must, within the time stated in the notice, assign ownership of the meter to the State; or

s 28 16 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (ii) otherwise—the chief executive may, at a later stage, arrange for a metering contractor to remove the existing meter and install a new meter; (c) the site preparation required; (d) whether the site preparation is to be carried out by the holder or owner or a metering contractor; (e) if the site preparation is to be carried out by the holder or owner— (i) the specifications 2 to be followed in carrying out the preparation; and (ii) the time within which the preparation is to be carried out and the chief executive given notice of its completion; (f) if a meter is to be installed—whether it is to be installed by the holder or owner or a metering contractor; (g) if the meter is to be installed by the holder or owner— (i) the specifications to be followed in installing the meter; and (ii) the time within which the meter is to be installed and the chief executive given notice of the completion of the installation. ‘67F Site preparation by holder or owner ‘(1) If the meter assessment notice requires the holder or owner to carry out site preparation, the preparation must be carried out— (a) in accordance with the specifications mentioned in the notice; and (b) within the reasonable time stated in the notice. Maximum penalty for subsection (1)—20 penalty units. 2 A copy of specifications mentioned in this part may be inspected on the department’s website at < s 28 17 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ‘(2) The holder or owner must, within the reasonable time stated in the meter assessment notice, give the chief executive notice that the site preparation has been completed. Maximum penalty for subsection (2)—20 penalty units. ‘67G Meter installation by holder or owner ‘(1) If the meter assessment notice requires the holder or owner to install a meter, the installation must be— (a) in accordance with the specifications mentioned in the notice; and (b) within the reasonable time stated in the notice. Maximum penalty for subsection (1)—20 penalty units. ‘(2) The holder or owner must, within the reasonable time stated in the meter assessment notice, give the chief executive notice that the meter has been installed. Maximum penalty for subsection (2)—10 penalty units. ‘Division 3 Metered entitlements ‘67H Declaration of metered entitlements ‘(1) An authorisation mentioned in schedule 15A, column 2, or an authorisation that replaces an authorisation mentioned in column 2, in a part of the State mentioned opposite the authorisation in schedule 15A, column 1, is a metered entitlement . ‘(2) The number of meters installed in relation to the works through which water may be taken or interfered with under the authorisation is stated in column 3 opposite the authorisation. ‘(3) For subsection (1), an authorisation (the original authorisation ) is replaced by another authorisation (the second authorisation ) in the following circumstances— (a) the original authorisation expires and the second authorisation is granted in relation to the same land;

s 28 18 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (b) the original authorisation is amalgamated with another authorisation and the second authorisation is granted in relation to the land to which the original authorisation and other authorisation related; (c) the original authorisation expires and 2 or more second authorisations are granted in relation to the same land; (d) part of the land to which the original authorisation related is disposed of and 1 or more second authorisations are granted in relation to the same land. ‘67I Metering service charge—Act, s 1014 ‘(1) A charge (a metering service charge ) is payable to the chief executive by— (a) the holder of a metered entitlement who takes water under the entitlement through works that have an approved meter attached; or (b) if there is no holder of a metered entitlement taking water through the works—the owner of the works. ‘(2) The metering service charge consists of— (a) a meter use charge for the use of the approved meter by the holder or owner; and (b) a meter operating charge for reading and maintaining the meter. ‘(3) The meter use charge— (a) is payable for each approved meter— (i) for the period decided by the chief executive; or (ii) if the chief executive does not decide a period—annually; and (b) must not be more than the cost to the department of making the meter available for use by the holder or owner, including an adjustment in favour of a holder or owner— (i) who carried out site preparation; or

s 28 19 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (ii) who assigned ownership of an existing meter to the State; or (ii) whose existing meter, owned by the State, was not replaced. ‘(4) The meter operating charge— (a) is payable for each approved meter— (i) for the period decided by the chief executive; or (ii) if the chief executive does not decide a period—annually; and (b) must not be more than the cost to the department of reading and maintaining the meter. ‘(5) The metering service charge— (a) may be levied by giving notice to the holder or owner; and (b) becomes payable on the day the notice is given; and (c) must be paid within 20 business days after the notice is given; and (d) for any part of the charge remaining unpaid after 20 business days—accrues interest at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate. ‘(6) A notice given under subsection (5)(a) must state— (a) the amount of the charge; and (b) the period for which it is levied; and (c) the time and place for payment; and (d) that any part of the charge remaining unpaid after 20 business days accrues interest; and (e) the interest rate.

s 28 20 s 28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ‘Division 4 Miscellaneous ‘67J Ownership of approved meters ‘An approved meter remains the property of the State. ‘67K Meter reading by holder of metered entitlement or owner of works ‘(1) The chief executive may give either of the following persons a notice requiring the person to read an approved meter and give the chief executive notice of the reading— (a) the holder of a metered entitlement who takes water under the entitlement through works that have the approved meter attached; or (b) if there is no holder of a metered entitlement taking water through the works—the owner of the works. ‘(2) The holder or owner must comply with the notice. Maximum penalty—10 penalty units. ‘67L Meter reading by chief executive ‘The chief executive may arrange for an approved meter to be read— (a) on the application by the holder of a metered entitlement who takes water under the entitlement through works that have the meter attached to transfer, seasonally assign or otherwise deal with the entitlement; or (b) when the owner of works that have the meter attached gives the chief executive notice the owner has decided to stop using the works; or (c) at any other time the chief executive considers necessary.

s 29 21 s 30 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ‘67M Metering exit charge—Act, s 1014 ‘(1) Subsection (2) applies if the owner of works that have an approved meter attached gives the chief executive notice that the owner has decided to stop using the works. ‘(2) On receiving the notice, the chief executive must give the owner notice of the charge (the metering exit charge ) payable. ‘(3) When the chief executive receives the metering exit charge— (a) the chief executive must arrange for the meter to be disabled or removed; and (b) the metering service charge is no longer payable. ‘(4) The metering exit charge must not be more than the sum of— (a) the cost to the department of disabling or removing the meter; and (b) a part of the meter use charge decided by the chief executive having regard to the expected life of the meter. ‘67N Specifications issued by chief executive ‘The chief executive may issue specifications for carrying out site preparation or installing a meter under this part. 3 ’. 29 Amendment of s 70 (Declared subartesian areas—Act, s 1046) Section 70(2), ‘licence’— omit, insert— ‘water entitlement’. 30 Amendment of pt 7, div 6, hdg (Repeals) Part 7, division 6, heading— renumber as division 7. 3 See the department’s website for a copy of specifications issued under this section.

s 31 22 s 32 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 31 Insertion of new pt 7, div 6 After section 74B— insert — ‘Division 6 Transitional provisions for Water Amendment Regulation (No. 1) 2005 ‘74C Water licences mentioned in s 60A ‘A water licence mentioned in section 60A 4 as in force immediately before the commencement of this section is a metered entitlement to which part 6A applies. ‘74D Effect of change to date water year ends ‘(1) Because of the amendment of schedule 14, entry for Bowen groundwater management area, column 2, commencing on 1 April 2005— (a) the minimum charge mentioned in column 3 for the area applies for the period from 1 January 2005 until 31 March 2006; and (b) the announced entitlement for the area, published in the Bowen Independent on 22 December 2004, applies for the period from 1 January 2005 until 31 March 2006. ‘(2) Subsection (1)(b) does not affect the chief executive’s ability to vary the announced entitlement during the period mentioned.’. 32 Amendment of sch 1 (Persons nominated for the Act, section 168) Schedule 1— 4 Section 60A (Metering service charge—Act, s 1014)

s 33 23 s 36 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 insert— ‘Gold Coast City Council Hinze Dam Stage 2, Nerang River Little Nerang Dam, Little Nerang Creek’. 33 Amendment of sch 2 (Entities—Act, sections 190, 193, 206 and 213) Schedule 2, item 1, after ‘holder’— insert— ‘, or for joint holders, 1 of the holders, nominated by the joint holders,’. 34 Amendment of sch 6 (Water authorities) (1) Schedule 6, item for Kaywanna Bore Water Board, ‘AP 4027’— omit, insert— ‘AP 13400’. (2) Schedule 6— insert— ‘Myall Plains Water Authority AP 13398’. 35 Amendment of sch 11 (Subartesian areas) Schedule 11, column 2, heading, ‘Licence’— omit, insert— ‘Water entitlement’. 36 Amendment of sch 13 (Authority areas) Schedule 13, entry for Myall Plains Bore Water Supply Area— omit .

s 37 24 s 38 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 37 Amendment of sch 14 (Water charges) (1) Schedule 14— insert— ‘Pioneer groundwater management area 30 June $243.70 for each water meter’. (2) Schedule 14, entry for Bowen groundwater management area, ‘31 December’— omit, insert— ‘31 March’. 38 Insertion of new sch 15A After schedule 15— insert— ‘Schedule 15A Metered entitlements section 67H ‘Column 1 Part of the State Weir River Column 2 Column 3 Authorisation Number of meters Water licences 43410H and 47879H 1 Water licences 38176H and 47958H 1 Water licence 47901H 1 Water licence 47902H 1 Water licences 47968H and 47969H 1 Water licences 47967H and 47997H 1 Water licence 39934H 1 Water licences 48000H and 54001H 1

s 39 25 s 39 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ‘Column 1 Part of the State Column 2 Column 3 Authorisation Number of meters Water licence 54149H 1 Water licence 43572H 1 Water licence 56626H 1 Water licence 179741 1 Water licences 47943H and 54196H 1 Water licence 47999H 1 Water licence 102524 1 Water licences 47831H and 47832H 1 Water licence 54024H 2 Water licence 47998H 1 Water licences 47929H 1 Water licence 47935H 1’. 39 Amendment of sch 16 (Fees) (1) Schedule 16, item 37— omit . (2) Schedule 16— insert — ‘28A Copy of an application (Act, s 208(4)(b))— (a) for 1 page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) for each additional page . . . . . . . . . . . . . . . . . . . 11.30 0.20 37 Application for water bore driller’s licence (Act, s 299(2)(e))—for 5 years— (a) if paragraphs (b) to (d) do not apply . . . . . . . . . 368.50 (b) if s 20(2)(c)(iii) applies . . . . . . . . . . . . . . . . . . . 662.50 (c) if s 21(2)(c)(iv) applies. . . . . . . . . . . . . . . . . . . . 967.50 (d) if s 22(2)(d)(iii) applies . . . . . . . . . . . . . . . . . . . 1 170.50

s 40 26 s 40 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 39A Application to reinstate expired water bore driller’s licence (Act, s 308A(2)(b))—for 5 years . . . . . . . . . . 368.50 40A Computer print-out of a document generated (Act, s 1009)— (a) at an office of the department. . . . . . . . . . . . . . . 11.30 (b) by external access . . . . . . . . . . . . . . . . . . . . . . . . 9.05 40B Certifying a copy of a document (Act, s 1009) . . . . . 22.75 41A Application for unallocated water under a resource operations plan (Act, s 1014(2)(a)) . . . . . . . . . . . . . . 150.00 41B Investigative search, by the chief executive, of the department’s water entitlement registration database (not including providing copies of documents) (Act, s 1014(2)(a))— (a) if no additional computer programming time is required—for each hour or part of an hour . . . . 45.60 (b) if additional computer programming time is required—for each hour or part of an hour . . . . 114.00 41C Copy of a report on an entry in the department’s water entitlement registration database (Act, s 1014(2)(a)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.70’. 40 Amendment of sch 17 (Dictionary) (1) Schedule 17, definition stock purposes — omit . (2) Schedule 17— insert— ‘approved meter means— (a) a meter acceptable, modified or installed under part 6A, division 2, and attached to works through which water is, has been or may be taken or interfered with under a metered entitlement; or (b) a meter—

s 40 27 s 40 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 (i) attached to works through which water is, has been or may be taken or interfered with under a metered entitlement; and (ii) of a type approved by the chief executive— (A) in accordance with a condition of the development permit for the works; or (B) if the works are self-assessable development under the Integrated Planning Act 1997 —in accordance with the applicable code; and (iii) installed— (A) in accordance with the department’s specifications for installing meters as a condition of the development permit for the works; or (B) if the works to which the meter is attached are self-assessable development under the IntegratedPlanningAct1997 —in accordance with the applicable code. authorisation means a water licence, water permit, water allocation or other authority to take or interfere with water under the Act. meter includes equipment, related to the meter, for measuring and recording the taking of, or interfering with, water. meter assessment notice see section 67E. metered entitlement see section 67H. metered entitlement notice see section 67C. metering exit charge see section 67M. metering information notice see section 67C. metering service charge see section 67I. works , for part 6A, means works used, or that could be used, for taking or interfering with water.’.

28 Water Amendment Regulation (No. 1) 2005 No. 10, 2005 ENDNOTES 1 Made by the Governor in Council on 17 February 2005. 2 Notified in the gazette on 18 February 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources and Mines. © State of Queensland 2005