Water Amendment Regulation (No. 2) 2012 (Qld)

Queensland Water Amendment Regulation (No. 2) 2012 Subordinate Legislation 2012 No. 255 made under the WaterAct2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 2, div 3A, sdiv 1 and sdiv 2, hdg . . . . . . . . . . 3 Subdivision 1 Transfer of water licence attached to land in a relevant water management area 15AA Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15AB Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 15AC Application to transfer water licence. . . . . . . . . . . . . . 4 15AD Additional information may be required . . . . . . . . . . . 5 15AE Criteria for deciding application . . . . . . . . . . . . . . . . . 5 15AF Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 5 15AG Intention to proceed . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15AH Completion of transfer . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Amendment of s 15A (Application of div 3A) . . . . . . . . . . . . . . . . 7 5 Amendment of s 15B (Definitions for div 3A) . . . . . . . . . . . . . . . . 8 6 Replacement of pt 7, hdg, pt 7, divs 1–3, div 4, hdg and ss 77–80A 8 Part 7 Metering Division 1 Preliminary 68 Purpose of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 69 How purpose is to be achieved . . . . . . . . . . . . . . . . . 8

Water Amendment Regulation (No. 2) 2012 Contents 70 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2 Metered entitlements 71 Approved meter—Act, sch 4, def approved meter . . . 10 72 Metered entitlements—Act, sch 4, def metered entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 73 Chief executive may give meter notice to holder of authorisation or owner of works . . . . . . . . . . . . . . . . . 12 Division 3 Validation of meters 74 Appointment and qualifications of authorised meter validator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 75 Installed or maintained meter not approved meter unless validated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 76 Existing meter not approved meter unless revalidated by revalidation date . . . . . . . . . . . . . . . . . . . . . . . . . . 15 77 Holder of metered entitlement or owner of works may arrange validation inspection on a meter . . . . . . . . . . 16 Division 4 Reading meters 78 Chief executive may require meter reading by holder of metered entitlement or owner of works . . . . . . . . . . . 17 79 Meter reading by chief executive . . . . . . . . . . . . . . . . 17 Division 5 Charges 80 Meter operating charge—Act, s 1014. . . . . . . . . . . . . 17 80A Meter use charge—Act, s 1014 . . . . . . . . . . . . . . . . . 19 80B Metering exit charge—Act, s 1014 . . . . . . . . . . . . . . . 20 Division 6 Ownership 80C Ownership of meters . . . . . . . . . . . . . . . . . . . . . . . . . 21 80D Transfer of approved meters that are the property of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 80E Approved meter that does not comply with non-urban metering standard may stop being approved meter . . 23 7 Amendment of sch 14 (Water charges) . . . . . . . . . . . . . . . . . . . . 24 8 Replacement of sch 15A (Metered entitlements) . . . . . . . . . . . . . 24 Schedule 15A Metered entitlements 9 Amendment of sch 17 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 34 Page 2 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 1] 1 Short title This regulation may be cited as the Water Amendment Regulation (No. 2) 2012 . 2 Regulation amended This regulation amends the Water Regulation 2002. 3 Insertion of new pt 2, div 3A, sdiv 1 and sdiv 2, hdg Part 2, division 3A, before section 15A— insert— ‘Subdivision 1 Transfer of water licence attached to land in a relevant water management area ‘15AA Application of sdiv 1 ‘(1) This subdivision applies to a water licence, to take water, that is attached to land in a relevant water management area (the original licence ). ‘(2) All or part of the original licence may be transferred so that the licence attaches to other land in the relevant water management area (a transfer ). ‘(3) This subdivision states the process for dealing with an application for the transfer. ‘15AB Definitions for sdiv 1 ‘In this subdivision— new licence means the water licence that the chief executive may issue under this subdivision after a transfer of all or part of the original licence. original licence see section 15AA(1). relevant water management area means a water management area— 2012 SL No. 255 Page 3

Water Amendment Regulation (No. 2) 2012 [s 3] (a) declared by the chief executive under section 56(1); and (b) for which water sharing rules for the taking of water from the area allow the transfer of all or part of an original licence attached to land in the area so that the licence attaches to other land in the area. Editor’s notes — 1 A list of relevant water management areas is available on the department’s website at < 2 A copy of the water sharing rules for taking water from a water management area may be obtained from the department’s regional office for the area. transfer , in relation to the original licence, see section 15AA(2). transfer notice see section 15AG(2). ‘15AC Application to transfer water licence ‘(1) A person may, in relation to the original licence, apply to the chief executive for a transfer. ‘(2) The application must be— (a) made to the chief executive in the approved form; and (b) made jointly by the following— (i) the holder of the original licence; (ii) the proposed transferee. ‘(3) The application must— (a) state each of the following— (i) details of the original licence; (ii) the purpose for which the water will be taken under the new licence; (iii) details of the location of the proposed taking of water under the new licence; (iv) the volume of water proposed to be taken under the new licence; and Page 4 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 3] (b) be accompanied by— (i) a statutory declaration by the holder of the original licence that each person (an interested entity ) who has a financial or other interest in the land of the holder for which the licence is held has been given notice of the proposed transfer; and (ii) the written consent of each interested entity to the proposed transfer; and (iii) the application fee. ‘15AD Additional information may be required ‘The chief executive may require— (a) the applicant to give additional information about the application; or (b) any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration. ‘15AE Criteria for deciding application ‘(1) In deciding whether to approve the application, the chief executive must consider the following— (a) any additional information given about the application; (b) the water sharing rules for the relevant water management area; (c) any wild river declaration that may apply to the original licence. ‘(2) Subsection (1) does not limit the matters the chief executive may consider. ‘15AF Deciding application ‘(1) After considering the matters mentioned in section 15AE, the chief executive may— 2012 SL No. 255 Page 5

Water Amendment Regulation (No. 2) 2012 [s 3] (a) refuse the application; or (b) approve the application with or without conditions. ‘(2) The chief executive must, within 10 business days after deciding the application, give the applicant— (a) for a decision to refuse the application or to approve the application with conditions—an information notice; or (b) otherwise—notice of the decision. Note — See the Act, section 205(2)(b) for when the chief executive is required to give a notice stating a decision, and the reasons for the decision, made in accordance with a wild river declaration. ‘15AG Intention to proceed ‘(1) This section applies if the applicant— (a) is given an information notice for the decision; and (b) is eligible to proceed with the transfer; and (c) intends to proceed with the transfer. ‘(2) The applicant must give the chief executive notice in the approved form (a transfer notice ) within 30 business days after— (a) if the applicant appeals against the decision—the day the appeal is finally decided; or (b) otherwise—the day the applicant receives the information notice. ‘(3) For subsection (1)(b), the applicant is eligible to proceed with the transfer if— (a) the chief executive has approved the application with conditions; or (b) the applicant appeals against the decision and the decision is confirmed, amended or substituted so that the application is approved with or without conditions. Page 6 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 4] ‘15AH Completion of transfer ‘(1) This section applies if the chief executive— (a) gives the applicant notice of the decision, other than an information notice; or (b) receives a transfer notice within the period mentioned in section 15AG(2). ‘(2) The chief executive may require the proposed transferee to give a document evidencing ownership of land to which the new licence will attach. ‘(3) The chief executive must cancel, amend or subdivide the original licence, or issue a new licence, necessary to give effect to the transfer within 30 business days after— (a) if the chief executive has, under subsection (2), required the proposed transferee to give a document—the day the chief executive receives the document; or (b) if the chief executive receives a transfer notice—the day the chief executive receives the notice; or (c) otherwise—the day the chief executive gives notice of the decision under section 15AF(2)(b). ‘Subdivision 2 Transfer, amendment or amalgamation of water licence to which a water resource plan applies’. 4 Amendment of s 15A (Application of div 3A) (1) Section 15A, heading, ‘div 3A’— omit, insert— ‘ sdiv 2 ’. (2) Section 15A, ‘division’— omit, insert— ‘subdivision’. 2012 SL No. 255 Page 7

Water Amendment Regulation (No. 2) 2012 [s 5] 5 Amendment of s 15B (Definitions for div 3A) (1) Section 15B, heading, ‘div 3A’— omit, insert— ‘ sdiv 2 ’. (2) Section 15B, ‘division’— omit, insert— ‘subdivision’. 6 Replacement of pt 7, hdg, pt 7, divs 1–3, div 4, hdg and ss 77–80A Part 7, heading, part 7, divisions 1 to 3, division 4, heading and sections 77 to 80A— omit, insert— ‘Part 7 Metering ‘Division 1 Preliminary ‘68 Purpose of pt 7 ‘The purpose of this part is to implement a system for the compulsory use of approved water meters for taking or interfering with water in the State. ‘69 How purpose is to be achieved ‘The purpose is to be achieved by— (a) providing for the installation of water meters; and (b) declaring certain authorisations to be metered entitlements; and (c) providing for the validation of water meters; and (d) applying divisions 4, 5 and 7 to the holders of metered entitlements and owners of works; and Page 8 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] (e) providing for the ownership and transfer of water meters. ‘70 Definitions for pt 7 ‘In this part— approved meter see section 71. authorised meter validator means— (a) a person who is accredited by Irrigation Australia Limited ACN 002 567 633 as a certified meter validator; or (b) a person appointed by the chief executive as an authorised meter validator under section 74. cessation date means the date stated in a cessation notice as the cessation date for a meter. cessation notice see section 80E(2). meter notice see section 73(1). non-urban metering standard means the document entitled ‘Queensland Interim Water Meter Standard for Non-urban Metering’ dated October 2012. Editor’s note — A copy of the non-urban metering standard is available on the department’s website at < relevant management area means any of the following management areas— • Border Rivers groundwater management area • Burdekin River groundwater management area • Callide Valley groundwater management area (non-benefitted) • Coastal Burnett groundwater management area • Cressbrook Creek water management area • Pioneer groundwater management area • Upper Hodgson Creek groundwater management area. 2012 SL No. 255 Page 9

Water Amendment Regulation (No. 2) 2012 [s 6] transfer notice see section 80D(2). validation certificate , for a meter, means a certificate, in the approved form, given for the meter under section 77(2)(b) that states the following— (a) for a meter attached to works through which the holder of an authorisation or a metered entitlement takes water, the name of the holder; (b) for a meter attached to works on land for which there is no authorisation for taking or interfering with water through the works, the name of the owner of the works; (c) the name and signature of the authorised meter validator who carried out the validation inspection; (d) that the meter complies with the non-urban metering standard; (e) the date the validation inspection was carried out. Editor’s note — A copy of the approved form is available on the department’s website at < validation inspection , for a meter, means an inspection of the meter by an authorised meter validator to determine whether a validation certificate can be given for the meter. ‘Division 2 Metered entitlements ‘71 Approved meter—Act, sch 4, def approved meter ‘(1) A meter is prescribed as an approved meter if— (a) the meter is the property of the State; or (b) the meter becomes the property of the holder of a metered entitlement or the owner of works under section 80D(5) and the holder or owner has not done anything to the meter that could affect its metrological performance; or (c) a validation certificate for the meter has been given— Page 10 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] (i) to the holder of a metered entitlement or the owner of works by an authorised meter validator under section 77(2)(b); and (ii) to the chief executive by the holder or owner under section 77(3); or Note — See also section 77(2). (d) the meter— (i) is attached to works through which water is, has been or may be taken or interfered with under a metered entitlement; and (ii) is 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 SustainablePlanningAct2009 —in accordance with the applicable code; and (iii) is 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 SustainablePlanningAct2009 —in accordance with the applicable code. ‘(2) Despite subsection (1), a meter is not an approved meter if the meter stops being an approved meter under any of the following provisions— (a) section 75(2); (b) section 76(2); (c) section 80B(2)(a); (d) section 80D(4); 2012 SL No. 255 Page 11

Water Amendment Regulation (No. 2) 2012 [s 6] (e) section 80E(5). ‘72 Metered entitlements—Act, sch 4, def metered entitlement ‘(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 prescribed as a metered entitlement. ‘(2) 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; (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. ‘(3) Also, a seasonal water assignment notice for taking water in a part of the State mentioned in schedule 15A, column 1, and given in relation to a metered entitlement mentioned in schedule 15A, column 2 for the part, is prescribed as a metered entitlement. ‘73 Chief executive may give meter notice to holder of authorisation or owner of works ‘(1) The chief executive may give a notice (a meter notice ) to— (a) the holder of an authorisation; or Page 12 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] (b) if there are works on land and there is no authorisation for taking or interfering with water through the works—the owner of the works. ‘(2) A meter notice given under subsection (1)(a) must state the following— (a) the authorisation to which the notice relates; (b) that the authorisation is to be prescribed as a metered entitlement under section 72; (c) the validation date; (d) that from the validation date, water may not be taken through works under the entitlement unless an approved meter is attached to the works; (e) the requirements for a meter to be an approved meter. Note — For what is an approved meter, see section 71. ‘(3) A meter notice given under subsection (1)(b) must state the following— (a) the works to which the notice relates; (b) the validation date; (c) that from the validation date, water may not be taken through the works under a metered entitlement unless an approved meter is attached to the works; (d) the requirements for a meter to be an approved meter. Note — For what is an approved meter, see section 71. ‘(4) A meter notice must be given at least 1 year before the validation date. ‘(5) The chief executive may, after giving a person a meter notice, extend the validation date by notice given to the person. ‘(6) If the chief executive gives a meter notice under subsection (1)(a) and the authorisation to which the notice relates has not been prescribed as a metered entitlement on or before the validation date, the chief executive must extend the validation 2012 SL No. 255 Page 13

Water Amendment Regulation (No. 2) 2012 [s 6] date to a date that is on or after the date the authorisation is prescribed as a metered entitlement. ‘(7) In this section— validation date , for a meter notice, means the date stated in the meter notice as the validation date. ‘Division 3 Validation of meters ‘74 Appointment and qualifications of authorised meter validator ‘(1) The chief executive may appoint a person as an authorised meter validator. ‘(2) The chief executive may appoint a person as an authorised meter validator only if, in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised meter validator. ‘75 Installed or maintained meter not approved meter unless validated ‘(1) This section applies if— (a) there are works— (i) through which the holder of a metered entitlement takes water under the entitlement; or (ii) on land and there is no authorisation for taking or interfering with water through the works; and (b) the holder or owner of the works— (i) attaches a meter to the works; or (ii) does anything to an existing meter attached to the works that could affect the meter’s metrological performance. ‘(2) Despite section 71(1), the meter stops being an approved meter unless— Page 14 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] (a) a validation inspection is carried out on the meter under section 77; and (b) the authorised meter validator who carries out the validation inspection gives the holder or owner a validation certificate for the meter under section 77(2)(b); and (c) the holder or owner gives a copy of the validation certificate to the chief executive under section 77(3). ‘(3) Subsection (2)— (a) applies to the meter even if a validation certificate has previously been given for the meter; and (b) does not limit sections 71(1)(d) or 76(2). ‘76 Existing meter not approved meter unless revalidated by revalidation date ‘(1) This section applies if works through which the holder of a metered entitlement takes water have an approved meter attached. ‘(2) Despite section 71(1)(c), the meter stops being an approved meter on the revalidation date unless, during the revalidation period— (a) a validation inspection is carried out on the meter under section 77; and (b) the authorised meter validator who carries out the validation inspection gives the owner of the meter a validation certificate for the meter under section 77(2)(b); and (c) the owner gives a copy of the validation certificate to the chief executive under section 77(3). ‘(3) In this section— revalidation date , for a metered entitlement whose part of the State is stated in schedule 15A, column 1, means the revalidation date stated opposite the part of the State in column 3 of the schedule. 2012 SL No. 255 Page 15

Water Amendment Regulation (No. 2) 2012 [s 6] revalidation period , for a metered entitlement whose part of the State is stated in schedule 15A, column 1, means the period— (a) starting 12 months before the revalidation date for the entitlement; and (b) ending on the revalidation date. ‘77 Holder of metered entitlement or owner of works may arrange validation inspection on a meter ‘(1) Either of the following may arrange for a validation inspection to be carried out on a meter— (a) the holder of an authorisation or a metered entitlement who takes water under the authorisation or entitlement through works to which the meter is attached; or (b) the owner of the works. ‘(2) The authorised meter validator who carries out the validation inspection must, within 20 business days after carrying out the inspection, give the following to the holder or owner— (a) if the meter does not, in the validator’s opinion, comply with the non-urban metering standard, a notice stating— (i) why the meter does not comply; and (ii) if the meter would comply after being modified—what modifications are required; and (iii) if the meter can not comply, even after being modified—that the meter can not comply; or (b) otherwise—a validation certificate for the meter. ‘(3) The holder or owner must, within 20 business days after being given a validation certificate under subsection (2)(b), give a copy of it to the chief executive. Page 16 2012 SL No. 255

‘Division 4 Water Amendment Regulation (No. 2) 2012 [s 6] Reading meters ‘78 Chief executive may require 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 a 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 meter attached; (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. ‘79 Meter reading by chief executive The chief executive may arrange for a meter to be read— (a) on the application of 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. ‘Division 5 Charges ‘80 Meter operating charge—Act, s 1014 ‘(1) A charge (a meter operating charge ) is payable to the chief executive by— 2012 SL No. 255 Page 17

Water Amendment Regulation (No. 2) 2012 [s 6] (a) the holder of a metered entitlement who takes water under the entitlement through works that have a 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 meter operating charge is a charge for reading the meter. ‘(3) The meter operating charge— (a) is payable for the 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 the meter; and (c) may be levied by giving notice to the holder or owner; and (d) becomes payable on the day the notice is given; and (e) must be paid within 20 business days after the notice is given. ‘(4) If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge. ‘(5) The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive. ‘(6) A notice given under subsection (3)(c) 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 a late fee is payable on any part of the charge remaining unpaid after 20 business days; and Page 18 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] (e) how the late fee is calculated under subsections (4) and (5). ‘80A Meter use charge—Act, s 1014 ‘(1) A charge (a meter use 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 that is the property of the State attached; or (b) if there is no holder of a metered entitlement taking water through the works—the owner of the works. ‘(2) The meter use charge— (a) is payable for the 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 (ii) who assigned ownership of an existing meter to the State; or (iii) whose existing meter, that is the property of the State, was not replaced; and (c) may be levied by giving notice to the holder or owner; and (d) becomes payable on the day the notice is given; and (e) must be paid within 20 business days after the notice is given. ‘(3) If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the 2012 SL No. 255 Page 19

Water Amendment Regulation (No. 2) 2012 [s 6] Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge. ‘(4) The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive. ‘(5) A notice given under subsection (2)(c) 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 a late fee is payable on any part of the charge remaining unpaid after 20 business days; and (e) how the late fee is calculated under subsections (3) and (4). ‘80B Metering exit charge—Act, s 1014 ‘(1) This section applies if— (a) either of the following gives the chief executive notice that they have decided to stop using an approved meter— (i) the holder of a metered entitlement who takes water through works to which the meter is attached; or (ii) if there is no holder of a metered entitlement taking water through the works—the owner of the works; and (b) the meter is not the property of the State. ‘(2) On the chief executive’s receipt of the notice— (a) the meter stops being an approved meter; and (b) the chief executive must give the holder or owner notice of the charge (the metering exit charge ) payable. Page 20 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] ‘(3) The holder or owner must pay the metering exit charge to the chief executive within 30 days after receiving the notice from the chief executive. ‘(4) The metering exit charge must not be more than a part of the meter operating charge decided by the chief executive having regard to the expected life of the meter. ‘Division 6 Ownership ‘80C Ownership of meters ‘If a meter is attached to works— (a) by the holder of an authorisation or a metered entitlement—the meter is the property of the holder; or (b) by the State—the meter is the property of the State; or Note — For when the State may transfer a meter to the holder of a metered entitlement or the owner of works, see section 80D. (c) by another person—the meter is the property of the other person. ‘80D Transfer of approved meters that are the property of the State ‘(1) This section applies if an approved meter that is attached to works is the property of the State and— (a) the holder of a metered entitlement takes water under the entitlement through the works; or (b) there is no authorisation for taking or interfering with water through the works. ‘(2) The chief executive may give the holder or owner a notice (a transfer notice ) that states the following— (a) that the chief executive is offering to transfer the ownership of the meter to the holder or owner; (b) the proposed date for the transfer; 2012 SL No. 255 Page 21

Water Amendment Regulation (No. 2) 2012 [s 6] (c) that if the meter is transferred to the holder or owner, the meter will stop being an approved meter if the holder or owner does anything to the meter that could affect its metrological performance; Note — See also section 71(1)(b). (d) if the meter is attached to works in a relevant management area and does not comply with the non-urban metering standard— (i) that the meter does not comply with the non-urban metering standard; and (ii) that the chief executive may give the holder or owner a cessation notice under section 80E after the meter has been transferred to the holder or owner; and (iii) that if the chief executive gives the holder or owner a cessation notice after the meter has been transferred, the meter will stop being an approved meter on the cessation date; and (iv) that under the Act, section 808(3), the holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached; (e) that the holder or owner may, within 30 days after receiving the transfer notice, refuse to accept the transfer by giving written notice to the chief executive; (f) that if the holder or owner refuses to accept the transfer, the meter will stop being an approved meter on the day after the transfer date. ‘(3) The holder or owner may, by written notice given to the chief executive within 30 days after receiving the transfer notice, refuse to accept the transfer. ‘(4) If the holder or owner refuses to accept the transfer under subsection (3), the meter stops being an approved meter on the day after the transfer date. Page 22 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 6] ‘(5) If the holder or owner does not refuse to accept the transfer under subsection (3), the meter becomes the property of the holder or owner on the transfer date. ‘(6) The chief executive may extend the transfer date by notice given to the holder or owner. ‘(7) In this section— transfer date means the later of— (a) the proposed date for the transfer stated in the transfer notice; or (b) the day that is 30 days after the holder or owner received the transfer notice. ‘80E Approved meter that does not comply with non-urban metering standard may stop being approved meter ‘(1) This section applies if— (a) an approved meter becomes the property of the holder of a metered entitlement or the owner of works in a relevant management area under section 80D(5); and (b) the transfer notice given to the holder or owner stated the matters mentioned in section 80D(2)(d). ‘(2) The chief executive may give the holder or owner a notice (a cessation notice ) stating that— (a) the meter does not comply with the non-urban metering standard; and (b) on the cessation date, the meter will stop being an approved meter; and (c) under the Act, section 808(3), the holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached. ‘(3) The chief executive must give the cessation notice to the holder or owner at least 1 year before the cessation date. ‘(4) The chief executive may extend the cessation date by notice given to the holder or owner. 2012 SL No. 255 Page 23

Water Amendment Regulation (No. 2) 2012 [s 7] ‘(5) The meter stops being an approved meter on the cessation date. ‘Division 7 Miscellaneous’. 7 Amendment of sch 14 (Water charges) Schedule 14, entries for Border Rivers groundwater management area, Burdekin River groundwater management area, Callide Valley groundwater management area (non-benefitted), Coastal Burnett groundwater management area, Cressbrook Creek water management area, Pioneer groundwater management area and Upper Hodgson Creek groundwater management area— omit . 8 Replacement of sch 15A (Metered entitlements) Schedule 15A— omit, insert— ‘Schedule 15A Metered entitlements sections 72 and 76(3) Column 1 Part of the State Barambah Creek Border Rivers groundwater management area Column 2 Column 3 Authorisation Revalidation date Water allocation 2189/AP6975 30 November 2014 All water licences, other than 30 November licences for stock or domestic 2015 purposes only Page 24 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date Bowen groundwater management area All water licences to take 30 November subartesian water or surface 2014 water, other than licences for stock or domestic purposes only Boyne and Stuart Rivers water management area of the ‘Burnett Basin Resource Operations Plan 2008’ All water entitlements 30 November 2015 Burdekin groundwater management area—Horseshoe Lagoon sub-area only identified on CAS1605 All water licences to take 30 November subartesian water where meters 2015 have been installed, other than licences for stock or domestic purposes only Burdekin groundwater management area other than Horseshoe Lagoon sub-area identified on CAS1605 All water licences to take 30 November subartesian water, other than 2017 licences for stock or domestic purposes only Callide Valley groundwater management area (non-benefitted) All water licences, other than 30 November licences for stock or domestic 2015 purposes only Central Condamine Alluvium groundwater management area All water licences to take 30 November subartesian water, other than 2015 licences for stock or domestic purposes only 2012 SL No. 255 Page 25

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date Coastal Burnett groundwater management area All water entitlements, other than 30 November the following— 2017 (a) water licences for dewatering purposes only; (b) water entitlements under which groundwater is taken in the Coastal Burnett groundwater management area for stock or domestic purposes only. Condamine-Balonne River downstream of Cecil Plains Weir (AMTD 891.1km) to the upstream limit of the impounded area of the E.J. Beardmore Dam (AMTD 280km) All water entitlements to take 30 November surface water, other than the 2017 following— (a) water entitlements for stock or domestic purposes only; (b) water entitlements to take supplemented water. Cooloola Sandmass subartesian area under the Water Resource (Mary Basin) Plan 2006 All water licences, other than 30 November water licence 190197 and water 2014 licence 190200 Cressbrook Creek water management area All water licences, other than 30 November licences for stock or domestic 2017 purposes only Dawson River Water licence 400856 30 November 2014 Page 26 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date Don River, Dee River All water licences to take 30 November and Alma Creek groundwater, other than licences 2016 groundwater for stock or domestic purposes management area only Water licence 03597U Water licence 12301U Water licence 14272U Water licence 16421U Water licence 17322U Water licence 25368U Water licence 30465U Water licence 31582U Water licence 32798U Water licence 33213U Water licence 35474U Water licence 38319WU Water licence 38953U Water licence 39000U Water licence 40192U Water licence 40215U Water licence 40264U Water licence 41168U Water licence 41354U Water licence 41393U Water licence 46153U 2012 SL No. 255 Page 27

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date Water licence 48488U Water licence 51567U Water licence 51612U Water licence 57409U Water licence 183756 Eastern Downs management area under the Water Resource (Great Artesian Basin) Plan 2006 Water licence 100875 30 November 2016 Eastern Downs subartesian area, Jimbour Creek Alluvium Water licences 17646R, 101045, 30 November 32978R, 71237R and 64902R 2016 Gilbert River All water licences, other than 30 November catchment area under licences for stock or domestic 2014 the Water Resource purposes only (Gulf) Plan 2007 Gowrie-Oakey Creek All water licences to take surface 30 November water management water for irrigation purposes only 2017 area Isaac River and Connors River catchment on plan AP14807 All water licences to take 30 November subartesian water or surface 2014 water, other than licences for stock or domestic purposes only Page 28 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date Lower Balonne water All water allocations to take 30 November management area unsupplemented surface water 2017 under the Water and water licences to take Resource overland flow water granted in the (Condamine and ‘Condamine and Balonne Balonne) Plan 2004 Resource Operations Plan 2008’ Mulgrave River and Russell River catchment area All water entitlements, other than 30 November the following— 2017 (a) water entitlements for stock or domestic purposes only; (b) water entitlements for which the annual volumetric limit is not more than 2ML. Mulgildie management area under the Water Resource (Great Artesian Basin) Plan 2006 All water licences 30 November 2016 Oakey Creek groundwater management area All water licences to take 30 November subartesian water, other than 2017 licences for stock or domestic purposes only Six Mile Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006 All water licences, other than 30 November licences for stock or domestic 2016 purposes only Stanthorpe water management area under the Water Resource (Border Rivers) Plan 2003 All water allocations 30 November 2015 2012 SL No. 255 Page 29

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date The area of the basalt aquifer in the Toowoomba City Basalts groundwater management area All water licences, other than 30 November licences for stock or domestic 2014 purposes only The Dalrymple Creek Alluvium Area on AP18888 All water licences to take water 30 November from the Dalrymple Creek 2015 Alluvium, other than licences for stock or domestic purposes only The Gatton-Esk Road implementation area under the Water Resource (Great Artesian Basin) Plan 2006 All water licences, other than the 30 November following— 2016 (a) water entitlements for stock or domestic purposes only; (b) water licence 406711; (c) water licence 406717; (d) water licence 406722; (e) water licence 406725; (f) water licence 406732; (g) water licence 406735; (h) water licence 406738; (i) water licence 406751; (j) water licence 406755; (k) water licence 406761; (l) water licence 406807; (m) water licence 406867; (n) water licence 407196; (o) water licence 409175. The Lower Nerang water management area under the ‘Gold Coast Resource Operations Plan 2009’ All water entitlements 30 November 2015 Page 30 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date The plan area of the ‘Barron Resource Operations Plan 2005’ All water licences, other than 30 November licences for stock or domestic 2016 purposes only The plan area of the All water licences ‘Boyne River Basin Resource Operations Plan 2003’ 30 November 2015 The plan area of the Water Resource (Calliope River Basin) Plan 2006 All water licences, other than 30 November licences for stock or domestic 2014 purposes only The plan area of the All water licences, other than 30 November Water Resource licences for stock or domestic 2016 (Mitchell) Plan 2007 purposes only The plan area of the Water Resource (Moonie) Plan 2003 All water entitlements to take 30 November surface water, other than water 2015 entitlements for stock or domestic purposes only The plan area of the All water licences in the Pioneer 30 November Water Resource groundwater management area 2015 (Pioneer Valley) Plan for which a meter was installed 2002 before 11 December 2006 The plan area of the All water licences, other than the 30 November Water Resource following— 2016 (Pioneer Valley) Plan (a) water licences in the Pioneer 2002 groundwater management area for which a meter was installed before 11 December 2006; (b) water licences for stock or domestic purposes only. 2012 SL No. 255 Page 31

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Part of the State The plan area of the Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 The plan area of the Water Resource (Whitsunday) Plan 2010 Tinana Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006 Upper Hodgson Creek groundwater management area Weir River Column 2 Column 3 Authorisation Revalidation date All water entitlements to take 30 November surface water, other than the 2015 following— (a) water entitlements for stock or domestic purposes only; (b) water entitlements to take supplemented water. All water licences, other than 30 November licences for stock or domestic 2017 purposes only All water licences, other than 30 November licences for stock or domestic 2016 purposes only All water licences to take water 30 November from the Main Range Volcanics 2017 Formation, other than licences for stock or domestic purposes only All water allocations in the Upper 30 November Weir River Water Management 2014 Area and the Lower Weir River Water Management Area All water licences to take water from the Weir River, Brigalow Creek, Yambocully Creek, Commoron Creek and Middle Creek, other than licences for stock or domestic purposes only Page 32 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 8] Column 1 Column 2 Column 3 Part of the State Authorisation Revalidation date Wide Bay Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006 All water licences, other than 30 November licences for stock or domestic 2015 purposes only Widgee Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006 All water licences, other than 30 November licences for stock or domestic 2015 purposes only Zone A of the Fitzroy River, identified in the ‘Fitzroy Basin Resource Operations Plan 2006’, attachment 2.3 Water allocation 5357/AP6829 30 November 2014 Zone C of the Fitzroy River, identified in the ‘Fitzroy Basin Resource Operations Plan 2006’, attachment 2.3 Water allocation 216/AP6829 30 November 2014 Zones D and E of the Fitzroy River, identified in the ‘Fitzroy Basin Resource Operations Plan 2006’, attachment 2.3 All water allocations 30 November 2014’. 2012 SL No. 255 Page 33

Water Amendment Regulation (No. 2) 2012 [s 9] 9 Amendment of sch 17 (Dictionary) (1) Schedule 17, definitions approved meter , meter assessment notice , metered entitlement , metered entitlement notice , metering exit charge , metering information notice , metering service charge , new licence , original licence , transfer and transfer notice — omit . (2) Schedule 17— insert— ‘ authorised meter validator , for part 7, see section 70. cessation date , for part 7, see section 70. cessation notice , for part 7, division 6, see section 80E(2). interested entity — (a) for part 2, division 3A, subdivision 1, see section 15AC(3)(b)(i); or (b) for part 2, division 3A, subdivision 2, see section 15C(3)(b)(i). meter notice , for part 7, see section 73(1). new licence — (a) for part 2, division 3A, subdivision 1, see section 15AB; or (b) for part 2, division 3A, subdivision 2, see section 15B. non-urban metering standard , for part 7, see section 70. original licence — (a) for part 2, division 3A, subdivision 1, see section 15AA(1); or (b) for part 2, division 3A, subdivision 2, see section 15A(1). relevant management area , for part 7, see section 70. relevant water management area , for part 2, division 3A, subdivision 1, see section 15AB. Page 34 2012 SL No. 255

Water Amendment Regulation (No. 2) 2012 [s 9] transfer — (a) for part 2, division 3A, subdivision 1, see section 15AA(2); or (b) for part 2, division 3A, subdivision 2, see section 15A(2)(a). transfer notice — (a) for part 2, division 3A, subdivision 1, see section 15AG(2); or (b) for part 2, division 3A, subdivision 2, see section 15G(1); or (c) for part 7, division 6, see section 80D(2). validation certificate , for part 7, see section 70. validation inspection , for part 7, see section 70.’. (3) Schedule 17, definition amalgamation , ‘division 3A’— omit, insert— ‘division 3A, subdivision 2’. (4) Schedule 17, definition amendment , ‘division 3A’— omit, insert— ‘division 3A, subdivision 2’. ENDNOTES 1 Made by the Governor in Council on 20 December 2012. 2 Notified in the gazette on 21 December 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources and Mines. © State of Queensland 2012 2012 SL No. 255 Page 35