Water Amendment Regulation (No. 3) 2013 (Qld)

Queensland Water Amendment Regulation (No. 3) 2013 Subordinate Legislation 2013 No. 251 made under the Water Act 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 4, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 4, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 4, div 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 48 (Conduct of special ballot—Act, s 695) . . . . 3 7 Insertion of new pt 4, div 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new s 48AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 48AA Dissolution of Pioneer Valley Water Board Employing Office—Act, s 633 . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Insertion of new pt 4, div 5, hdg and ss 48AB–48AD . . . . . . . . . . 4 Division 5 Dissolution and related matters 48AB Dissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691 . . . . . . . . . . . . . . . . . . . . . 4 48AC Approval of relevant transfer agreement—Act, s 700A 5 48AD Dissolution of Smithfield Drainage Board after transferring its functions to Cairns Regional Council—Act, s 691 . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Omission of ss 48D and 48E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Amendment of sch 6 (Water authorities) . . . . . . . . . . . . . . . . . . . 6

Water Amendment Regulation (No. 3) 2013 Contents 12 Amendment of sch 6A (Employing offices for water authorities) . 13 Insertion of new sch 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6B Particular water authorities dissolved for conversion to alternative institutional structures 14 Insertion of attachment 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Attachment 1 Agreement 6 6 8 Page 2 2013 SL No. 251

Water Amendment Regulation (No. 3) 2013 [s 1] 1 Short title This regulation may be cited as the Water Amendment Regulation (No. 3) 2013 . 2 Regulation amended This regulation amends the Water Regulation 2002. 3 Insertion of new pt 4, div 1 hdg After part 4 heading— insert— Division 1 Establishment 4 Insertion of new pt 4, div 2 hdg After section 31— insert— Division 2 Election of directors 5 Insertion of new pt 4, div 3 hdg After section 47— insert— Division 3 Special ballot for dissolution request 6 Amendment of s 48 (Conduct of special ballot—Act, s 695) Section 48, ‘This part’— omit, insert— Division 2 2013 SL No. 251 Page 3

Water Amendment Regulation (No. 3) 2013 [s 7] 7 Insertion of new pt 4, div 4 hdg After section 48— insert— Division 4 Employing offices 8 Insertion of new s 48AA After section 48A— insert— 48AA Dissolution of Pioneer Valley Water Board Employing Office—Act, s 633 (1) The Pioneer Valley Water Board Employing Office is dissolved under section 633(a) of the Act. (2) In this section— Pioneer Valley Water Board Employing Office means the employing office of that name established for the Pioneer Valley Water Board. 9 Insertion of new pt 4, div 5, hdg and ss 48AB–48AD After section 48AA, as inserted under this regulation— insert— Division 5 Dissolution and related matters 48AB Dissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691 (1) This section applies to each water authority mentioned in schedule 6B, column 1. Page 4 2013 SL No. 251

Water Amendment Regulation (No. 3) 2013 [s 10] (2) For the purposes of converting the water authority to the alternative institutional structure mentioned opposite the water authority in schedule 6B, column 3, the water authority is dissolved under section 691(1)(b) of the Act. (3) Under section 691(2) of the Act, the authority area for the water authority shown on the plan mentioned opposite the water authority in schedule 6B, column 2, is dissolved. 48AC Approval of relevant transfer agreement—Act, s 700A (1) For section 700A(4) of the Act, the relevant transfer agreement is approved. (2) In this section— relevant transfer agreement means the agreement between the Smithfield Drainage Board and the Cairns Regional Council, a copy of which is set out in Attachment 1. 48AD Dissolution of Smithfield Drainage Board after transferring its functions to Cairns Regional Council—Act, s 691 (1) The Smithfield Drainage Board is dissolved under section 691(1)(c) of the Act, after transferring all its functions to the Cairns Regional Council under section 700A of the Act. (2) Under section 691(2) of the Act, the authority area shown on plan AP4058 is dissolved. 10 Omission of ss 48D and 48E Sections 48D and 48E— omit. 2013 SL No. 251 Page 5

Water Amendment Regulation (No. 3) 2013 [s 11] 11 Amendment of sch 6 (Water authorities) (1) Schedule 6, entries for Benleith Water Board, Boondooma Water Board, Condamine Plains Water Board, Coreen Water Board, Grevillea Water Board, Kelsey Creek Water Board, Kooingal Water Board, Middle Park Bore Water Supply Board, Mulgildie Water Board, Oaky Creek Water Board, Six Mile Creek Water Supply Board and Smithfield Drainage Board— omit. (2) Schedule 6, entry for Glamorgan Vale Water Board, column 2, ‘AP16172’— omit, insert— AP22179 12 Amendment of sch 6A (Employing offices for water authorities) Schedule 6A, entry for Pioneer Valley Water Board— omit. 13 Insertion of new sch 6B After schedule 6A— insert— Page 6 2013 SL No. 251

Water Amendment Regulation (No. 3) 2013 [s 13] Schedule 6B Particular water authorities dissolved for conversion to alternative institutional structures section 48AB Column 1 Column 2 Column 3 Dissolved water authority Plan of New alternative institutional dissolved structure authority area Benleith Water Board AP4015 Boondooma Water Board Condamine Plains Water Board Coreen Water Board AP16173 AP13404 AP13403 Dundowran–Nikenbah Water Board Grevillea Water Board AP7348 AP4025 Kelsey Creek Water Board AP4028 Kooingal Water Board AP4029 Benleith Water Pty Ltd ACN 165 779 304 Boondooma Water Company Pty Ltd ACN 166 130 589 CP Water Pty Ltd ACN 164 388 612 Coreen Water Pty Ltd ACN 165 776 036 Wide Bay Water Corporation ACN 98 729 010 Grevillea Water Pty Ltd ACN 165 645 081 Kelsey Creek Water Co-operative Ltd QC 0329 ABN 35 447 172 508 Kooingal Water Pty Ltd ACN 165 779 322 2013 SL No. 251 Page 7

Water Amendment Regulation (No. 3) 2013 [s 14] Column 1 Column 2 Column 3 Dissolved water authority Plan of New alternative institutional dissolved structure authority area Middle Park Bore Water Supply Board AP4032 Mulgildie Water Board AP13396 Myall Plains Water Authority AP13401 Oaky Creek Water Board Six Mile Creek Water Supply Board AP13405 AP4039 the institutional structure consisting of all the parties to the closed water activity agreement titled ‘Middle Park Closed Water Agreement’, registered dealing number 715140398 Mulgildie Water Pty Ltd ACN 165 779 331 Myall Plains Water Co-operative Ltd QC 0316 ABN 30 532 839 095 Oaky Creek Water Pty Ltd ACN 165 779 340 Six Mile Creek Irrigators Co-operative Ltd QC 0328 ABN 72 357 195 179 14 Insertion of attachment 1 After schedule 17— insert— Attachment 1 Agreement section 48AC(2), definition relevant transfer agreement Page 8 2013 SL No. 251

Water Amendment Regulation (No. 3) 2013 [s 14] AGREEMENT BETWEEN CAIRNS REGIONAL COUNCIL AND SMITHFIELD DRAINAGE BOARD The two entities hereby agree that the Smithfield Drainage Board (SDB) will seek it's dissolution as a category 2 water authority under s.700A of the Water Act 2000 and transfer all of the Smithfield Drainage Board assets, liabilities, functions and public records to the Cairns Regional Council (CRC). This agreement provides the whole of the arrangements under which the dissolution and acceptance of the transfer will occur. The parties understand that subject to the Minister for Natural Resources and Mines' acceptance of the agreement, that the agreement will take effect on the making of a Regulation under the Water Act 2000. Agreement conditions 1. that CRC agrees to accept the transfer of all the assets, public records and liabilities of the SDB on the day the SDB is dissolved, 2. that CRC will provide $15,000 per annum for drain maintenance for the northern region of the CRC area, including the former area of the SDB, 3. that CRC will maintain the drains and crossing points of the former SDB to the mutual satisfaction of the former SDB canegrowers and the CRC, 4. that CRC will not require former ratepayers of the SDB to pay any special levy or rate to the CRC for drain maintenance, 5. that former SDB ratepayers are not required to enter into any special agreements with the CRC for drain maintenance, and 6. the contact persons / position for each party - after the dissolution are as follows; Cairns Regional Council – Helius Visser, Manager Infrastructure Planning (Ph.4044 3032) 2013 SL No. 251 Page 9

Water Amendment Regulation (No. 3) 2013 [s 14] Smithfield Drainage Board – John Westaway, Chair (Ph.4055 9559) SIGNED by Peter Tabulo (Chief Executive Officer – Cairns Regional Council) this 18th day of June 2013 ) P Tabulo In the presence of: Witness : Judith Lawrence SIGNED by John Westaway (Chair – Smithfield Drainage Board) this 20th day of June 2013 In the presence of: Witness : Tim Smith )JV.Westaway ENDNOTES 1 Made by the Governor in Council on 28 November 2013. 2 Notified on the Queensland legislation website on 29 November 2013. 3 The administering agency is the Department of Natural Resources and Mines. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 10 2013 SL No. 251