Water Amendment Regulation (No. 7) 2006 (Qld)

Queensland Water Amendment Regulation (No. 7) 2006 Subordinate Legislation 2006 No. 263 made under the WaterAct2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 49 (Destroying vegetation in a watercourse, lake or spring—Act, s 814) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 50 (Excavating in a watercourse, lake or spring—Act, s 814). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 51 (Placing fill in a watercourse, lake or spring—Act, s 814). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 59 (Minimum charge) . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 64 (Water sharing rules) . . . . . . . . . . . . . . . . . . 3 8 Amendment of s 66 (Announced entitlement) . . . . . . . . . . . . . . . 4 9 Amendment of s 67 (Annual entitlement) . . . . . . . . . . . . . . . . . . . 5 10 Amendment of s 102 (Declared subartesian areas—Act, s 1046) 5 11 Amendment of sch 3 (Transferring interim water allocations). . . . 6 12 Amendment of sch 6 (Water authorities) . . . . . . . . . . . . . . . . . . . 6 13 Amendment of sch 10 (Water sharing rules) . . . . . . . . . . . . . . . . 6 14 Amendment of sch 13 (Authority areas) . . . . . . . . . . . . . . . . . . . . 7 15 Amendment of sch 14 (Water charges) . . . . . . . . . . . . . . . . . . . . 7 16 Amendment of sch 16 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s3 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 1 Short title This regulation may be cited as the Water Amendment Regulation (No. 7) 2006 . 2 Regulation amended This regulation amends the Water Regulation 2002. 3 Amendment of s 49 (Destroying vegetation in a watercourse, lake or spring—Act, s 814) Section 49(1)— omit, insert— ‘(1) Destroying vegetation in a watercourse, lake or spring is permitted if the destruction is carried out under— (a) a lease or authority to prospect under the Petroleum Act1923 ; or (b) a licence, petroleum lease or authority to prospect under the PetroleumandGas(ProductionandSafety)Act2004 ; or (c) a tree clearing permit under the Land Act 1994 ; or (d) a licence under the Fossicking Act 1994 ; or (e) an environmental authority (mining activities) under the Environmental Protection Act 1994 ; or (f) the Queensland Department of Main Roads Guideline for Activities in a Watercourse or Lake for Destroying up to 0.25ha of Vegetation, Excavating up to 500m 3 , or Placing Fill up to 500m 3 ; or Editor’s note — Copies of the guideline may be obtained from the department’s head office in Brisbane. (g) the Powerlink Guideline for Activities in a Watercourse or Lake for Destroying up to 0.25ha of Vegetation, Excavating up to 500m 3 , and Placing up to 500m 3 of Fill.’.

s4 3 s7 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 4 Amendment of s 50 (Excavating in a watercourse, lake or spring—Act, s 814) (1) Section 50(1)(b) to (f)— renumber as section 50(1)(c) to (g). (2) Section 50(1)(a)— omit, insert— ‘(a) a lease or authority to prospect under the Petroleum Act1923 ; or (b) a licence, petroleum lease or authority to prospect under the PetroleumandGas(ProductionandSafety)Act2004 ; or’. 5 Amendment of s 51 (Placing fill in a watercourse, lake or spring—Act, s 814) (1) Section 51(1)(a)(ii) to (iv)— renumber as section 51(1)(a)(iii) to (v). (2) Section 51(1)(a)(i)— omit, insert— ‘(i) a lease or authority to prospect under the PetroleumAct 1923 ; or (ii) a licence, petroleum lease or authority to prospect under the PetroleumandGas(ProductionandSafety) Act 2004 ; or’. 6 Amendment of s 59 (Minimum charge) Section 59(2), ‘under this Act’— omit. 7 Amendment of s 64 (Water sharing rules) (1) Section 64(1), after ‘for’— insert— ‘taking water from’.

s8 4 s8 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 (2) Section 64(2)— omit, insert— ‘(2) The water sharing rules for taking water from a particular water management area, or a part of the area, may state the following— (a) if, under the rules, the chief executive is required to decide an announced entitlement— (i) how the announced entitlement is decided; and (ii) whether the announced entitlement may be varied during the water year; and (iii) whether the announced entitlement applies in relation to the taking of water for a particular purpose; (b) the extent to which, and the conditions on which, carry overs and forward draws may be authorised in the area, or the part of the area.’. 8 Amendment of s 66 (Announced entitlement) (1) Section 66(1)— omit, insert— ‘(1) If the water sharing rules for taking water from a water management area, or a part of the area, require the chief executive to decide an announced entitlement , the chief executive must— (a) decide the announced entitlement before the start of the water year to which the announced entitlement relates; and (b) either— (i) give notice of the announced entitlement to the holders of the water licences to which the entitlement relates; or (ii) publish the announced entitlement in a newspaper circulating generally in the water management area; or

s 9 5 s 10 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 (iii) publish the announced entitlement on the department’s web site on the internet.’. (2) Section 66(3)(a), ‘appropriate for the area’— omit, insert— ‘appropriate for the water management area, or the part of the area, to which the entitlement relates’. (3) Section 66(3)(b), after ‘for’— insert— ‘taking water from’. 9 Amendment of s 67 (Annual entitlement) (1) Section 67(1), from ‘water management area’ to ‘calculated’— omit, insert— ‘water management area, or a part of the area, the annual entitlement for a water licence to which the announced entitlement relates is calculated’. (2) Section 67(2), from ‘water management area’ to ‘nominal’— omit, insert— ‘water management area, or a part of the area, the annual entitlement for a water licence in the area or the part of the area is the nominal’. 10 Amendment of s 102 (Declared subartesian areas—Act, s 1046) (1) Section 102(3)— renumber as section 102(4). (2) Section 102(2)— omit, insert— ‘(2) A water entitlement is required to take or interfere with subartesian water in the Fraser Island subartesian area, other than for a purpose mentioned in column 2 for the area.

s 11 6 s 13 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 ‘(3) A water entitlement, water permit or seasonal water assignment notice is required to take or interfere with subartesian water in another subartesian area, other than for a purpose mentioned in column 2 for the area.’. 11 Amendment of sch 3 (Transferring interim water allocations) Schedule 3, entry for ‘Mareeba Dimbulah’— omit, insert— ‘1 Burdekin Haughton all purposes other than urban or distribution loss purposes the allocation is to take water, and the transfer results in the water being taken only from the same channel system, under the interim resource operations licence for the water supply scheme, from which the water could be taken under the allocation before the transfer’. 12 Amendment of sch 6 (Water authorities) Schedule 6— insert— ‘Weengallon Water Authority AP13399’. 13 Amendment of sch 10 (Water sharing rules) Schedule 10— insert— ‘Lower Balonne water management area Lower Balonne water management area water sharing rules’.

s 14 7 s 16 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 14 Amendment of sch 13 (Authority areas) Schedule 13, entry for ‘Weengallon Bore Water Supply Area’— omit. 15 Amendment of sch 14 (Water charges) Schedule 14, entry for ‘Burdekin River groundwater management area’— omit, insert— ‘Burdekin River groundwater management area 30 June Minimum charge for each water licence to take groundwater for which a water bore without a water meter has been installed, or for which a water bore has not been installed—$101.70 For each water licence to take groundwater for which a water bore with a water meter has been installed— (a) with a nominal entitlement of not more than 25ML—$101.70 for each water meter (b) with a nominal entitlement of more than 25ML—$460.00 for each water meter’. 16 Amendment of sch 16 (Fees) (1) Schedule 16, item 5, ‘s 142(2)(c)’— omit, insert— ‘s 142(2)(d)’. (2) Schedule 16, item 34, ‘s 231(2)(c)’— omit, insert—

s 16 8 s 16 Water Amendment Regulation (No. 7) 2006 No. 263, 2006 ‘s 231(2)(f)’. (3) Schedule 16, item 36— omit, insert— ‘36 Application to renew allocation notice (Act, s 289(2)(b)—for each 6 month period, or part of a 6 month period, the renewed allocation notice has effect . . . . . . . . 118.30’. ENDNOTES 1 Made by the Governor in Council on 26 October 2006. 2 Notified in the gazette on 27 October 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources and Water. © State of Queensland 2006