Water and Other Legislation Amendment Act 2005 (Qld)

Queensland Water and Other Legislation Amendment Act 2005 Act No. 19 of 2005

Queensland Water and Other Legislation Amendment Act 2005 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Water Act 2000 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 20 (Authorised taking of water without water entitlement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 25 (Limiting water taken under water licence or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 26 (Moratorium notices) . . . . . . . . . . . . . . . . . . 16 Amendment of s 36 (Obtaining water information) . . . . . . . . . . . . 16 Amendment of s 37 (Notice of works) . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 38 (Minister may prepare water resource plans) 17 Amendment of s 46 (Content of draft water resource plans) . . . . 17 Amendment of s 55 (When water resource plans may be amended or replaced) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 56 (Preparing amending or new draft water resource plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 74 (Applying for approval of land and water management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 76 (Criteria for deciding application for approval of land and water management plan) . . . . . . . . . . . . . . 18 Amendment of s 77 (Deciding application for approval of land and water management plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 101 (Additional requirements for notices for draft resource operations plans that establish water allocations) . 19 Amendment of s 105 (Amending resource operations plan) . . . . 20 Replacement of ch 2, pt 4, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . 20

2 Water and Other Legislation Amendment Act 2005 No. 19, 2005 19 Replacement of ch 2, pt 4, div 3, sdiv 1, hdg . . . . . . . . . . . . . . . . 20 20 Amendment of s 107 (Effect of resource operations plan) . . . . . . 20 21 Amendment of s 107A (Authority to interfere with water) . . . . . . . 21 22 Amendment of s 108 (Granting resource operations licences) . . 21 23 Insertion of new ch 2, pt 4, div 3, sdiv 1A. . . . . . . . . . . . . . . . . . . 21 Subdivision 1A Granting distribution operations licences other than under a resource operations plan 108A Applying for a distribution operations licence other than under a resource operations plan. . . . . . . . . . . . 22 108B Additional information may be required . . . . . . . . . . . 22 108C Deciding application for distribution operations licence 23 24 Amendment of ch 2, pt 4, div 3, sdiv 2, hdg . . . . . . . . . . . . . . . . . 23 25 Amendment of s 109 (Content of resource operations licence) . . 23 26 Amendment of s 110 (Conditions of resource operations licence) 24 27 Amendment of ch 2, pt 4, div 3, sdiv 3, hdg . . . . . . . . . . . . . . . . . 24 28 Amendment of s 111 (Amending a resource operations licence for consistency with a resource operations plan) . . . . . . . 25 29 Amendment of s 111A (Amending a resource operations licence under a resource operations plan process) . . . . . . . . . . . 25 30 Amendment of s 112 (Other amendments chief executive may make to resource operations licence) . . . . . . . . . . . . . . . . . . 25 31 Amendment of s 113 (Minor or stated amendments of resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 32 Amendment of ch 2, pt 4, div 3, sdiv 4, hdg . . . . . . . . . . . . . . . . . 26 33 Amendment of s 114 (Applying for transfer of resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34 Amendment of s 115 (Additional information may be required) . . 26 35 Amendment of s 116 (Deciding application to transfer resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 36 Amendment of s 117 (Approving application to transfer resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 37 Amendment of s 118 (Refusing application to transfer resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 38 Amendment of s 118A (Amalgamating resource operations licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 39 Amendment of ch 2, pt 4, div 3, sdiv 5, hdg . . . . . . . . . . . . . . . . . 28 40 Amendment of s 119 (Cancelling resource operations licence) . . 28 41 Amendment of s 120 (Procedure for cancelling resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 42 Amendment of s 120A (Cancelling resource operations licence no longer required). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

3 Water and Other Legislation Amendment Act 2005 No. 19, 2005 43 Insertion of new ch 2, pt 4, div 3, sdiv 6 . . . . . . . . . . . . . . . . . . . . 30 Subdivision 6 Audit reports 119C Preparing regular audit reports . . . . . . . . . . . . . . . . . 30 119D Access for conducting audit reports . . . . . . . . . . . . . . 30 44 Amendment of s 121 (Converting water entitlements) . . . . . . . . . 30 45 Amendment of s 122 (Granting water allocations) . . . . . . . . . . . . 31 46 Amendment of s 122A (Chief executive may approve standard supply contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 47 Replacement of s 123 (Relationship between resource operations plan and water allocation). . . . . . . . . . . . . . . . . . . . . . 32 123 Relationship between plans and water allocation. . . . 32 48 Amendment of s 125 (Amending water allocations) . . . . . . . . . . . 32 49 Amendment of s 127 (Registration details for water allocations) . 32 50 Insertion of new ss 127B and 127C . . . . . . . . . . . . . . . . . . . . . . . 33 127B Water allocations to which a distribution operations licence applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 127C Preservation of obligation in particular circumstances 33 51 Amendment of s 128A (Amalgamation or subdivision of water allocations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 52 Insertion of new s 128B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 128B Transfer of water allocations. . . . . . . . . . . . . . . . . . . . 34 53 Amendment of s 134 (Deciding application to change water allocation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 54 Amendment of s 138 (Water allocations may forfeited) . . . . . . . . 35 55 Amendment of s 140 (Priority for applying proceeds of sale of water allocations under a power of sale) . . . . . . . . . . . 36 56 Replacement of s 142 (Applying for a seasonal water assignment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 142 Applying for a seasonal water assignment . . . . . . . . . 36 57 Amendment of s 144 (Deciding application for seasonal water assignment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 58 Amendment of s 145 (Conditions of seasonal water assignment) 37 59 Replacement of s 146 (Application of s 243) . . . . . . . . . . . . . . . . 38 146 Application of s 243 . . . . . . . . . . . . . . . . . . . . . . . . . . 38 60 Replacement of s 146B (Arrangements for seasonal water assignments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 146B Arrangements for seasonal water assignments . . . . . 38 61 Replacement of s 150 (Interests and dealings that may be registered) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 150 Interests and dealings that may be registered . . . . . . 39

4 Water and Other Legislation Amendment Act 2005 No. 19, 2005 150A Effect on priority of notices given under s 101(1)(b). . 39 150B Effect on priority of notices given under s 101(1)(c) . . 40 62 Amendment of s 167A (Authority to interfere with water) . . . . . . . 41 63 Amendment of s 168 (Who must apply for an interim resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 64 Amendment of s 169 (Applying for interim resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 65 Amendment of s 170 (Additional information may be required) . . 42 66 Amendment of s 178 (Conditions of interim resource operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 67 Amendment of s 184 (Amending interim resource operations licence on notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 68 Insertion of new ch 2, pt 5, div 2, sdiv 5A. . . . . . . . . . . . . . . . . . . 43 Subdivision 5A Other amendments to interim resource operations licences 185A Amending interim resource operations licences. . . . . 44 69 Insertion of new ch 2, pt 5, div 2, sdiv 7 . . . . . . . . . . . . . . . . . . . . 44 Subdivision 7 Audit reports 186A Preparing regular audit reports . . . . . . . . . . . . . . . . . 45 186B Access for conducting audit reports . . . . . . . . . . . . . . 45 70 Amendment of s 187 (Granting interim water allocations) . . . . . . 45 71 Amendment of s 191 (Conditions of interim water allocation) . . . 45 72 Amendment of s 194 (Deciding application to transfer by interim resource operations licence holder) . . . . . . . . . . . . . . . . . . . . . . . 45 73 Amendment of s 197 (Surrendering an interim water allocation) . 46 74 Replacement of s 198 (Effect of disposal of part of land to which interim water allocation attaches). . . . . . . . . . . . . . . . . . . . 46 198 Effect of disposal of part of land to which interim water allocation attaches . . . . . . . . . . . . . . . . . . . . . . 46 198A Effect of acquisition of land to which interim water allocation attaches . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 75 Amendment of s 199 (Effect of acquisition of part of land to which interim water allocation attaches). . . . . . . . . . . . . . . . . . . . 48 76 Insertion of new ss 199A and 199B . . . . . . . . . . . . . . . . . . . . . . . 49 199A Effect of acquisition of part of land above an aquifer . 49 199B Effect of acquisition of part of other land . . . . . . . . . . 50 77 Amendment of s 203 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . 50 78 Amendment of s 205 (Decisions to be in accordance with plans) 50 79 Amendment of s 206 (Applying for a water licence) . . . . . . . . . . . 51

5 Water and Other Legislation Amendment Act 2005 No. 19, 2005 80 Amendment of s 208 (Public notice of application for water licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 81 Amendment of s 210 (Criteria for deciding application for water licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 82 Amendment of s 211A (Effect of disposal of part of land to which application for water licence relates) . . . . . . . . . . . . . . . . . . . . . . 52 83 Amendment of s 214 (Conditions of water licence) . . . . . . . . . . . 53 84 Amendment of s 215 (Where water under certain licences must be used) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 85 Insertion of new s 216A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 216A Amending water licence without public notice . . . . . . 53 86 Amendment of s 222 (Transferring water licence to another person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 87 Amendment of s 229 (Effect of disposal of part of land to which water licence to take water attaches) . . . . . . . . . . . . . . . . . 55 88 Amendment of s 231 (Applying for seasonal water assignment) . 56 89 Amendment of s 233 (Deciding application for seasonal water assignment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 90 Amendment of s 235 (Conditions of seasonal water assignment) 57 91 Amendment of s 236 (Application of ss 25, 243 and 244 to water permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 92 Amendment of s 266 (Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring) . . . . . . . . . 57 93 Amendment of s 267 (Additional information may be required) . . 58 94 Amendment of s 273 (Notice to owner of land to remove vegetation etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 95 Amendment of s 300 (Additional information may be required) . . 59 96 Amendment of s 370 (Who must apply for registration as a service provider). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 97 Insertion of new s 376B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 376B Applying for cancellation of registration as service provider ............................... 60 98 Omission of ch 3, pt 3, div 1, sdivs 1 and 2, hdgs . . . . . . . . . . . . 60 99 Amendment of s 412 (Refusing strategic asset management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 100 Amendment of s 414 (Complying with approved strategic asset management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 101 Insertion of new ch 3, pt 3, divs 1A and 1B . . . . . . . . . . . . . . . . . 61 Division 1A System leakage management plans Subdivision 1 Preliminary 414A Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 61

6 Water and Other Legislation Amendment Act 2005 No. 19, 2005 Subdivision 2 Preparing and submitting plan 414B Preparing system leakage management plans . . . . . 61 414C Certifying system leakage management plan . . . . . . 62 414D Submitting system leakage management plan for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Subdivision 3 Exemption from preparing plan 414E Application for exemption . . . . . . . . . . . . . . . . . . . . . . 63 414F Deciding the application . . . . . . . . . . . . . . . . . . . . . . . 63 414G Conditions of exemption . . . . . . . . . . . . . . . . . . . . . . . 64 414H Cancelling or amending an exemption . . . . . . . . . . . . 65 Subdivision 4 Approving or refusing to approve plan 414I Approving system leakage management plan . . . . . . 65 414J Refusing to approve system leakage management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 414K Regulator may seek further information . . . . . . . . . . . 67 Subdivision 5 Miscellaneous 414L Changing system leakage management plan . . . . . . 67 414M Complying with approved system leakage management plan . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 1B Audit reports and reviews 414N Application of div 1B. . . . . . . . . . . . . . . . . . . . . . . . . . 68 102 Amendment of s 415 (Reviewing strategic asset management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 103 Amendment of s 416 (Changing strategic asset management plan following review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 104 Amendment of s 417 (Providing regular audit reports). . . . . . . . . 69 105 Amendment of s 419 (Spot audits of strategic asset management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 106 Insertion of new ch 3, pt 3, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2A Drought management plans 429A Purpose of div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 429B Application of div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 71 429C Preparing drought management plans . . . . . . . . . . . . 71 429D Certifying drought management plan . . . . . . . . . . . . . 73 429E Submitting drought management plan for registration 73 429F Exemption from preparing drought management plan 73 429G Cancelling or amending exemption from preparing drought management plan . . . . . . . . . . . . . . . . . . . . . 74 429H Registering a drought management plan . . . . . . . . . . 74

7 Water and Other Legislation Amendment Act 2005 No. 19, 2005 429I Changing a drought management plan . . . . . . . . . . . 75 429J Complying with drought management plan . . . . . . . . 75 429K Tabling in Legislative Assembly . . . . . . . . . . . . . . . . . 75 107 Amendment of s 430 (Service provider to report annually) . . . . . 75 108 Amendment of s 434 (Small service providers may apply for exemption from divs 1–3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 109 Amendment of s 435 (Deciding application for exemption) . . . . . 77 110 Amendment of s 487 (Accepting, rejecting or reviewing failure impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 111 Amendment of s 491 (Safety conditions for existing referable dams) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 112 Amendment of s 492 (Changing conditions) . . . . . . . . . . . . . . . . 78 113 Replacement of s 494 (Emergency powers) . . . . . . . . . . . . . . . . 78 494 Emergency powers. . . . . . . . . . . . . . . . . . . . . . . . . . . 78 114 Amendment of s 498 (Amending flood mitigation manual). . . . . . 81 115 Amendment of s 500 (Protection from liability for complying with flood mitigation manual) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 116 Amendment of s 569 (Main function of water authority). . . . . . . . 82 117 Amendment of s 580 (Notice of proposed significant action) . . . . 82 118 Amendment of ch 4, pt 7, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 119 Amendment of ch 4, pt 7, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . . 82 120 Amendment of s 690 (Amalgamating water authorities and authority areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 121 Amendment of s 691 (Dissolution of water authority and authority area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 122 Amendment of s 692 (Public notice of proposed amalgamation or dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 123 Amendment of s 693 (Content of notice of proposed amalgamation or dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 124 Amendment of s 694 (Considering submissions on proposed amalgamation or dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 125 Amendment of s 695 (Water authority may request its dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 126 Amendment of s 740 (Functions and powers of authorised officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 127 Amendment of s 747 (Power to enter land to collect information) 86 128 Amendment of s 752 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . 87 129 Amendment of s 754 (Warrants—procedure before entry) . . . . . 87 130 Insertion of new ch 5, pt 1, div 4A . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 4A Power to seize evidence

8 Water and Other Legislation Amendment Act 2005 No. 19, 2005 757A Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 757B Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . 89 757C Tampering with seized things . . . . . . . . . . . . . . . . . . . 89 757D Powers to support seizure . . . . . . . . . . . . . . . . . . . . . 89 757E Receipts for seized things . . . . . . . . . . . . . . . . . . . . . 90 757F Forfeiture by authorised officer. . . . . . . . . . . . . . . . . . 90 757G Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . 91 757H Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . 92 757I Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . 92 757J Access to seized things . . . . . . . . . . . . . . . . . . . . . . . 92 131 Amendment of s 760 (Power to require production of documents) 92 132 Amendment of s 762 (Failure to produce document) . . . . . . . . . . 93 133 Amendment of s 763 (Power to require information) . . . . . . . . . . 93 134 Insertion of new ch 5, pt 1, div 7. . . . . . . . . . . . . . . . . . . . . . . . . . 94 Division 7 Obtaining criminal history reports 766 Purpose of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 767 Chief executive’s power to obtain criminal history report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 768 Criminal history is confidential document . . . . . . . . . . 94 135 Amendment of s 778 (When regulator may give a show cause notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 136 Amendment of s 783 (Chief executive or regulator may take action and recover costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 137 Replacement of s 808 (Unauthorised taking, supplying or interfering with water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 808 Unauthorised taking, supplying or interfering with water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 138 Amendment of s 810 (Using water contrary to approved land and water management plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 139 Amendment of s 811 (Tampering with devices) . . . . . . . . . . . . . . 97 140 Replacement of s 812 (Contravening conditions of water allocation, interim water allocation, water licence or permit) . . . . 97 812 Contravening conditions of water entitlement, seasonal water assignment notice or water permit . . 97 141 Amendment of s 812A (Liability for unauthorised taking of water) 97 142 Amendment of s 813 (Contravening condition of resource operations licence, interim resource operations licence or operations licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 143 Amendment of s 814 (Destroying vegetation, excavating or placing fill without permit). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98

9 Water and Other Legislation Amendment Act 2005 No. 19, 2005 144 Amendment of s 825 (False or misleading statements) . . . . . . . . 98 145 Amendment of s 826 (False or misleading documents) . . . . . . . . 98 146 Amendment of s 851 (Who is an interested person) . . . . . . . . . . 99 147 Amendment of s 864 (Review decision) . . . . . . . . . . . . . . . . . . . . 99 148 Amendment of s 878 (Starting an appeal) . . . . . . . . . . . . . . . . . . 99 149 Amendment of s 955 (Governor in Council may appoint administrator to operate infrastructure) . . . . . . . . . . . . . . . . . . . . 100 150 Amendment of s 967 (IPA approval for development is subject to approval under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 151 Amendment of s 968 (Chief executive may direct works to be modified or removed). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 152 Amendment of s 969 (Development applications for the removal of quarry material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 153 Amendment of s 972 (When an applicant may appeal to the Land and Resources Tribunal) . . . . . . . . . . . . . . . . . . . . . . . . 101 154 Amendment of s 977 (Power to enter places for stated purposes) 101 155 Insertion of new ch 8, pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Part 4A Private water supply agreements for former water areas 1000 Entering private water supply agreements . . . . . . . . . 102 1001 Registration of private water supply agreement . . . . . 102 1002 When agreement has effect . . . . . . . . . . . . . . . . . . . . 103 1003 Amending a private water supply agreement . . . . . . . 103 1003A Chief executive may approve standard agreement . . 104 156 Amendment of s 1006 (Declarations about watercourses). . . . . . 104 157 Amendment of s 1007 (Records to be kept in registries) . . . . . . . 105 158 Amendment of s 1009 (Public inspection and purchase of documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 159 Amendment of s 1013A (Fee and charges payable to the chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 160 Amendment of s 1013B (Non-payment of fees or charges) . . . . . 107 161 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 107 162 Amendment of s 1037 (Local government authorities). . . . . . . . . 108 163 Insertion of new s 1037A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 1037A Other continuing authorities . . . . . . . . . . . . . . . . . . . . 108 164 Insertion of new ss 1057 and 1058 . . . . . . . . . . . . . . . . . . . . . . . 109 1057 Reinstating particular expired licences. . . . . . . . . . . . 110 1058 Reinstating particular expired licences in former water areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110

165 166 167 168 169 170 171 172 173 Part 3 174 175 Part 4 176 177 178 179 10 Water and Other Legislation Amendment Act 2005 No. 19, 2005 Amendment of s 1089 (Existing authorities to take, or interfere with, water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 1089A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1089A Conversion of existing authorities to take water . . . . . Amendment of s 1116 (Minister must approve standard supply contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new of new s 1117A . . . . . . . . . . . . . . . . . . . . . . . . . 1117A When conditions of supply contract do not apply . . . . Insertion of new ch 9, pt 5, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . Insertion of new s 1135A and ch 9, pt 5, div 2 hdg . . . . . . . . . . . 1135A Validation of particular decisions . . . . . . . . . . . . . . . . Insertion of new ch 9, pt 5, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 9, pt 5, div 4. . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Transitional provision for Water and Other Legislation Amendment Act 2005 1136B Notices given under s 101(1)(b) and (1)(c). . . . . . . . . 1136C Effect of disposal of part of land to which interim water allocation attaches . . . . . . . . . . . . . . . . . . . . . . 1136D Effect of acquisition of part of land to which interim water allocation attaches . . . . . . . . . . . . . . . . . . . . . . 1136E Condition about measuring device not effective . . . . . 1136F Submitting system leakage management plans for approval ............................. 1136G Submitting drought management plan for registration 1136H Interest payable under section 1013A . . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Integrated Planning Act 1997 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8A (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Lake Eyre Basin Agreement Act 2001 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Approval and ratification of agreements . . . . . . . . . . . Amendment of schedule (Lake Eyre Basin Intergovernmental Agreement). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 2 First Amending Agreement 110 111 111 113 113 113 114 114 114 115 115 115 116 116 117 117 118 118 118 122 123 123 123 123 124 124 124

Part 5 180 181 11 Water and Other Legislation Amendment Act 2005 No. 19, 2005 Amendment of Land Protection (Pest and Stock RouteManagement) Act 2002 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 325 (Existing agreement about water facilities). 131 131

Queensland Water and Other Legislation Amendment Act 2005 Act No. 19 of 2005 An Act to amend the WaterAct2000, and for other purposes [Assented to 19 May 2005]

s 1 14 s 4 Water and Other Legislation Amendment Act 2005 No. 19, 2005 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Water and Other Legislation Amendment Act 2005 . 2 Commencement (1) Sections 99 to 109, 135 and 172 to the extent it inserts section 1136F and 1136G commence on 1 October 2005 or, if this Act is assented to after 1 October 2005, on the day of assent. (2) The following provisions commence on a day to be fixed by proclamation— (a) sections 13 to 16, 48, 49, 51, 52, 56 to 59, 61, 78, 85, 87 to 91, 94, 140, 141, 146, 157(1), 159 and 160 and part 3; (b) section 172 to the extent it inserts sections 1136B and 1136H. Part 2 Amendment of Water Act 2000 3 Act amended in pt 2 This part amends the Water Act 2000. 4 Amendment of s 20 (Authorised taking of water without water entitlement) (1) Section 20(6), ‘or interfere with overland flow water and’— omit, insert—

s 5 15 s 5 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘overland flow water or take or interfere with’. (2) Section 20(6)(b), ‘taking or interfering’— omit, insert— ‘taking of or interfering’. (3) Section 20(7), ‘(3)(a)’— omit, insert— ‘(3)(b)’. (4) Section 20(8), ‘For subsection (3)’— omit, insert— ‘In this section’. 5 Amendment of s 25 (Limiting water taken under water licence or permit) (1) Section 25, heading— omit, insert— ‘25 Limiting water taken under water licence, permit or allocation’. (2) Section 25(1)— omit, insert— ‘(1) If there is a shortage of water, the chief executive may, by publishing a notice, limit the water that may be— (a) taken or interfered with under a water licence; or (b) taken under a water permit; or (c) taken under a water allocation not managed under a resource operations licence.’. (3) Section 25(2)(c), ‘licensee or permittee’— omit, insert — ‘licensee, permittee or the holder of a water allocation’.

s 6 16 s 8 Water and Other Legislation Amendment Act 2005 No. 19, 2005 6 Amendment of s 26 (Moratorium notices) (1) Section 26(4), ‘not currently regulated by a water resource plan’— omit . (2) Section 26— insert— ‘(9) In this section— moratorium notice includes a moratorium notice the effect of which has been amended or continued under a water resource plan.’. 7 Amendment of s 36 (Obtaining water information) (1) Section 36(1), ‘under this chapter’— omit, insert— ‘under this Act’. (2) Section 36(1)(c) and (d), after ‘managed’— insert— ‘, taken or supplied’. (3) Section 36(1)— insert— ‘(e) about the taking or supplying of water by the person under the person’s authority.’. 8 Amendment of s 37 (Notice of works) Section 37, heading— omit, insert— ‘37 Notice of works and water use’.

s 9 17 s 12 Water and Other Legislation Amendment Act 2005 No. 19, 2005 9 Amendment of s 38 (Minister may prepare water resource plans) Section 38(4)(a) and (b), ‘, or interfering with,’— omit . 10 Amendment of s 46 (Content of draft water resource plans) (1) Section 46(2)(b), ‘, or interfering with, overland flow water or’— omit, insert— ‘overland flow water, or taking or interfering with’. (2) Section 46(2)— insert— ‘(ca) the types of works for interfering with overland flow water that are intended to be assessable or self assessable development under the IntegratedPlanningAct 1997 ;’. 11 Amendment of s 55 (When water resource plans may be amended or replaced) Section 55(2), from ‘shows’— omit, insert— ‘shows either of the following in relation to a water resource plan— (a) the plan’s outcomes are not being achieved; (b) the plan’s objectives are no longer appropriate for its plan area.’. 12 Amendment of s 56 (Preparing amending or new draft water resource plan) Section 56— insert—

s 13 18 s 15 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(4) However, sections 39 to 41 and 48 do not apply to the preparation of an amending water resource plan if— (a) the Minister is satisfied that sufficient public notice of, and opportunity to make submissions on, the proposed amendment, will be available under section 49; or (b) the amendment is of a type that the water resource plan states may be made to the plan under this subsection.’. 13 Amendment of s 74 (Applying for approval of land and water management plans) Section 74— insert— ‘(4) Subsection (5) applies if a person holds a certificate from an organisation approved by the chief executive to provide an accredited farm management system program stating that the person’s farm management system satisfies the requirements of the program. ‘(5) The person may apply under this section for approval of the person’s farm management system as a land and water management plan. ‘(6) An application mentioned in subsection (5) must be supported by the certificate mentioned in subsection (4).’. 14 Amendment of s 76 (Criteria for deciding application for approval of land and water management plan) Section 76— insert— ‘(2) Subsection (1)(a) does not apply to an application for approval of a farm management system as a land and water management plan.’. 15 Amendment of s 77 (Deciding application for approval of land and water management plan) Section 77— insert—

s 16 19 s 16 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(7) Subsection (4) does not apply to approval of a farm management system as a land and water management plan. ‘(8) A farm management system approved under this section is taken to be an approved land and water management plan for this Act.’. 16 Amendment of s 101 (Additional requirements for notices for draft resource operations plans that establish water allocations) Section 101— insert— ‘(c) if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form. ‘(2) It is declared that— (a) an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and (b) the existing mortgagee’s interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water. ‘(3) It is also declared that a person is not a proposed water allocation holder under subsection (1)(c) unless— (a) the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and (b) the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land.’.

s 17 20 s 20 Water and Other Legislation Amendment Act 2005 No. 19, 2005 17 Amendment of s 105 (Amending resource operations plan) Section 105— insert— ‘(5) However, sections 96, 97 and 99(b) to (d) do not apply to the preparation of an amendment to a resource operations plan if— (a) the chief executive is satisfied that sufficient public notice of, and opportunity to make submissions on, the proposed amendment, will be available under section 100; or (b) the amendment is of a type that the resource operations plan states may be made to the plan under this subsection.’. 18 Replacement of ch 2, pt 4, div 3, hdg Chapter 2, part 4, division 3, heading— omit, insert— ‘Division 3 Resource operations licences and distribution operations licences’. 19 Replacement of ch 2, pt 4, div 3, sdiv 1, hdg Chapter 2, part 4, division 3, subdivision 1, heading— omit, insert— ‘Subdivision 1 Granting resource operations licences and distribution operations licences’. 20 Amendment of s 107 (Effect of resource operations plan) Section 107(b), after ‘licences’— insert— ‘and distribution operations licences’.

s 21 21 s 23 Water and Other Legislation Amendment Act 2005 No. 19, 2005 21 Amendment of s 107A (Authority to interfere with water) Section 107A— insert— ‘(2) A distribution operations licence authorises the holder of the licence to take water or interfere with the flow of water to distribute water under water allocations. ‘(3) A resource operations licence or a distribution operations licence may be held only by— (a) the owner of the water infrastructure to which the licence applies; or (b) if the owner of the water infrastructure to which the licence applies is a subsidiary company, the parent company of the subsidiary.’. 22 Amendment of s 108 (Granting resource operations licences) (1) Section 108, heading, after ‘licences’— insert— ‘and distribution operations licences’. (2) Section 108(1)— omit, insert— ‘(1) Subsection (2) applies if a resource operations plan states a process for the granting of— (a) a resource operations licence to meet future water requirements; or (b) a distribution operations licence to meet future water distribution requirements.’. 23 Insertion of new ch 2, pt 4, div 3, sdiv 1A Chapter 2, part 4, division 3— insert—

s 23 22 s 23 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘Subdivision 1A Granting distribution operations licences other than under a resource operations plan ‘108A Applying for a distribution operations licence other than under a resource operations plan ‘(1) A person may apply for a distribution operations licence not granted under a resource operations plan. ‘(2) The application must be— (a) made to the chief executive in the approved form; and (b) supported by details of— (i) all water distributed, or intended to be distributed, by the applicant and taken, or to be taken, under water allocations; and (ii) the names and addresses of the holders of existing water allocations mentioned in subparagraph (i) and details of any existing arrangements for the distribution of the water; and (iii) the applicant’s proposed arrangements for any distribution infrastructure; and (iv) any other information that may enable the chief executive to decide the application; and (c) accompanied by the fee prescribed under a regulation. ‘108B 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.

s 24 23 s 25 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘108C Deciding application for distribution operations licence ‘(1) In deciding whether to grant the application, the chief executive must consider the application and any additional information given in relation to the application. ‘(2) The chief executive may also consider whether the applicant has been convicted of an offence against this Act, the repealed Act or an interstate law. ‘(3) If the chief executive is satisfied the application should be granted, the chief executive may grant the application, with or without conditions. ‘(4) If the chief executive is not satisfied the application should be granted, the chief executive must refuse to grant the application. ‘(5) Within 30 business days after deciding the application, the chief executive must give the applicant an information notice about the decision on the application and, if the chief executive has decided to grant the licence, a distribution operations licence. ‘(6) The licence takes effect from the day the applicant is given the information notice. (7) Subsections (1) and (2) do not limit the matters the chief executive may consider in deciding whether to grant the application.’. 24 Amendment of ch 2, pt 4, div 3, sdiv 2, hdg Chapter 2, part 4, division 3, subdivision 2, heading, after ‘licences’— insert— ‘and distribution operations licences’. 25 Amendment of s 109 (Content of resource operations licence) (1) Section 109, heading, after ‘licence’— insert— ‘or distribution operations licence’.

s 26 24 s 27 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (2) Section 109, ‘The licence’— omit, insert— ‘A resource operations licence or distribution operations licence’. (3) Section 109(b), ‘the resource’— omit, insert— ‘any resource’. 26 Amendment of s 110 (Conditions of resource operations licence) (1) Section 110, heading, after ‘licence’— insert— ‘or distribution operations licence’. (2) Section 110(1), after ‘licence’, first mention— insert— ‘or a distributions operations licence’. (3) Section 110(1), after ‘supply’— insert— ‘or distribution’. (4) Section 110(2)(a)(i) to (iii)— renumber as subparagraphs (ii) to (iv). (5) Section 110(2)(a)— insert— ‘(i) install a meter to measure the taking of or interfering with water through the water infrastructure to which the licence applies;’. 27 Amendment of ch 2, pt 4, div 3, sdiv 3, hdg Chapter 2, part 4, division 3, subdivision 3, heading, after ‘licences’—

s 28 25 s 30 Water and Other Legislation Amendment Act 2005 No. 19, 2005 insert— ‘and distribution operations licences’. 28 Amendment of s 111 (Amending a resource operations licence for consistency with a resource operations plan) (1) Section 111, heading, ‘resource operations’— omit . (2) Section 111(1), after ‘licence’— insert— ‘or a distribution operations licence’. (3) Section 111(1), after ‘operations plan’— insert— ‘to which the licence relates’. 29 Amendment of s 111A (Amending a resource operations licence under a resource operations plan process) (1) Section 111A, heading, ‘resource operations’— omit . (2) Section 111A(1), after ‘licence’— insert— ‘or a distribution operations licence’. 30 Amendment of s 112 (Other amendments chief executive may make to resource operations licence) (1) Section 112, heading, ‘resource operations’— omit. (2) Section 112(1), after ‘operations licence’— insert— ‘or a distribution operations licence’.

s 31 26 s 34 Water and Other Legislation Amendment Act 2005 No. 19, 2005 31 Amendment of s 113 (Minor or stated amendments of resource operations licence) (1) Section 113, heading, ‘resource operations’— omit. (2) Section 113(1), after ‘licence’, first mention— insert— ‘or a distribution operations licence’. (3) Section 113(1), ‘resource operations’, second mention— omit . 32 Amendment of ch 2, pt 4, div 3, sdiv 4, hdg Chapter 2, part 4, division 3, subdivision 4, heading, after ‘licences’— insert— ‘and distribution operations licences’. 33 Amendment of s 114 (Applying for transfer of resource operations licence) (1) Section 114, heading, ‘resource operations’— omit. (2) Section 114(1), ‘A resource operations licence holder’— omit, insert— ‘The holder of a resource operations licence or a distribution operations licence’. 34 Amendment of s 115 (Additional information may be required) Section 115— insert— ‘(2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.’.

s 35 27 s 37 Water and Other Legislation Amendment Act 2005 No. 19, 2005 35 Amendment of s 116 (Deciding application to transfer resource operations licence) Section 116, heading, ‘resource operations’— omit. 36 Amendment of s 117 (Approving application to transfer resource operations licence) (1) Section 117, heading, ‘resource operations’— omit. (2) Section 117(2), ‘resource operations’— omit . 37 Amendment of s 118 (Refusing application to transfer resource operations licence) (1) Section 118, heading, ‘resource operations’— omit. (2) Section 118(1), ‘an application for the transfer of a resource operations licence’— omit, insert— ‘the application’. (3) Section 118(1)(a)— omit, insert— ‘(a) if the transferee has been convicted of an offence against this Act or an interstate law or has held 1 of the following licences (each a relevant licence ) that has been cancelled or suspended under this Act or an interstate law— (i) a resource operations licence; (ii) an interstate resource operations licence; (iii) a distribution operations licence; (iv) an interstate distribution operations licence; or’.

s 38 28 s 40 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (4) Section 118(1)(b), ‘resource operations licence or interstate resource operations licence’— omit, insert— ‘relevant licence’. 38 Amendment of s 118A (Amalgamating resource operations licences) (1) Section 118A, heading, ‘resource operations’— omit. (2) Section 118A— insert— ‘(1A) The holder of a distribution operations licence may apply to the chief executive to amalgamate, into a single licence, the distribution operations licence with another distribution operations licence in the same water supply scheme.’. (3) Section 118A(2), ‘The application must’— omit, insert— ‘An application under subsection (1) or (1A) must’. (4) Section 118A(2)(b) and (4)(a), ‘resource operations’— omit. 39 Amendment of ch 2, pt 4, div 3, sdiv 5, hdg Chapter 2, part 4, division 3, subdivision 5, heading, after ‘licences’— insert— ‘and distribution operations licences’. 40 Amendment of s 119 (Cancelling resource operations licence) (1) Section 119, heading, ‘resource operations’— omit. (2) Section 119(1), after ‘licence’, first mention—

s 41 29 s 42 Water and Other Legislation Amendment Act 2005 No. 19, 2005 insert— ‘or a distribution operations licence’. 41 Amendment of s 120 (Procedure for cancelling resource operations licence) (1) Section 120, heading, ‘resource operations’— omit. (2) Section 120(1), ‘a resource operations’— omit, insert— ‘the’. (3) Section 120— renumber as section 119A. 42 Amendment of s 120A (Cancelling resource operations licence no longer required) (1) Section 120A, heading, ‘resource operations’— omit. (2) Section 120A— insert— ‘(1A) The chief executive may cancel a distribution operations licence if— (a) another distribution operations licence has been granted to replace the licence to be cancelled; or (b) the chief executive and the distribution operations licence holder have agreed the distribution operations licence is no longer required.’. (3) Section 120A(2)— omit, insert— ‘(2) If the chief executive decides to cancel the resource operations licence under subsection (1) or the distribution operations licence under subsection (1A), the chief executive must, within 30 business days after making the decision, give the

s 43 30 s 44 Water and Other Legislation Amendment Act 2005 No. 19, 2005 licence holder an information notice about the decision to cancel the licence.’. (4) Section 120A(3), ‘resource operations’— omit . (5) Section 120A— renumber as section 119B. 43 Insertion of new ch 2, pt 4, div 3, sdiv 6 Chapter 2, part 4, division 3— insert— ‘Subdivision 6 Audit reports ‘119C Preparing regular audit reports ‘The chief executive may prepare an audit report— (a) about a resource operation licence holder’s or a distribution operations licence holder’s compliance with the licence; and (b) to verify the accuracy of monitoring and reporting information given to the chief executive by the holder. ‘119D Access for conducting audit reports ‘A resource operations licence holder and a distribution operations licence holder must give any person authorised by the chief executive to participate in conducting an audit under this subdivision, free and uninterrupted access to the holder’s infrastructure and any records relating to the infrastructure for conducting the audit. Maximum penalty—200 penalty units.’. 44 Amendment of s 121 (Converting water entitlements) (1) Section 121(2) and (3)— omit, insert—

s 45 31 s 46 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(2) If an allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation. ‘(3) Subsection (2) does not apply if— (a) the resource operations licence holder and the allocation holder are the same person; or (b) the allocation holder is a subsidiary company of the resource operations licence holder.’. (2) Section 121(8), ‘an information notice’— omit, insert— ‘a notice’. 45 Amendment of s 122 (Granting water allocations) (1) Section 122(4) and (5)— omit, insert— ‘(4) If the allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation. ‘(5) Subsection (4) does not apply if the resource operations licence holder and the allocation holder are the same person or related entities.’. (2) Section 122(6), ‘an information notice’— omit, insert— ‘a notice’. 46 Amendment of s 122A (Chief executive may approve standard supply contracts) Section 122A(4)— omit, insert— ‘(4) On the day an allocation is granted, the standard supply contract for the area applies to the allocation unless—

s 47 32 s 49 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (a) the allocation holder and the resource operations licence holder have a supply contract for the allocation; or (b) section 121(3) applies to the allocation.’. 47 Replacement of s 123 (Relationship between resource operations plan and water allocation) Section 123— omit, insert— ‘123 Relationship between plans and water allocation ‘(1) The taking of water under a water allocation from the plan area for a water resource plan is subject to that plan and the resource operations plan that implements the water resource plan. ‘(2) If there is a conflict between either plan and the water allocation, the plan prevails.’. 48 Amendment of s 125 (Amending water allocations) (1) Section 125(1)— insert— ‘(aa) a resource operations plan states, for a water allocation, the water management area that includes the location from which the water may be taken; or’. (2) Section 125(2), ‘an information notice’— omit, insert— ‘a notice’. 49 Amendment of s 127 (Registration details for water allocations) Section 127(3)— insert— ‘(e) the water management area that includes the location from which the water may be taken.’.

s 50 33 s 50 Water and Other Legislation Amendment Act 2005 No. 19, 2005 50 Insertion of new ss 127B and 127C Chapter 2, part 4, division 4, subdivision 1A— insert— ‘127B Water allocations to which a distribution operations licence applies ‘(1) This section applies if— (a) a water allocation is granted under section 121; and (b) at the time the allocation is granted, water may be distributed to the water allocation holder by the holder of a distribution operations licence. ‘(2) The chief executive must give the registrar notice that the water allocation is an allocation to which a distribution operations licence applies. ‘127C Preservation of obligation in particular circumstances ‘(1) This section applies if— (a) the location from which water may be taken under a water allocation mentioned in section 127B(1) is changed to a location to which the holder of the distribution operations licence (the licence holder ) does not distribute water; or (b) the allocation is subdivided or amalgamated with another allocation. ‘(2) The obligation on the water allocation holder to pay a charge, in relation to the licence holder’s distribution works, to the licence holder under the distribution arrangements between the parties continues to attach to the water allocation until the licence holder agrees that the obligation has been satisfied. ‘(3) If the licence holder agrees, under subsection (2), that the obligation has been satisfied, the licence holder must give the chief executive notice in the approved form of the satisfaction. ‘(4) If the chief executive receives notice under subsection (3), the chief executive must give the registrar notice that the allocation is no longer an allocation to which a distribution operations licence applies.’.

s 51 34 s 52 Water and Other Legislation Amendment Act 2005 No. 19, 2005 51 Amendment of s 128A (Amalgamation or subdivision of water allocations) (1) Section 128A(8)— renumber as section 128A(9). (2) Section 128A— insert— ‘(8) However, if an allocation being amalgamated or subdivided is subject to a registered mortgage, the registrar must not act under subsection (7) unless the mortgagee has consented to the amalgamation or subdivision.’. 52 Insertion of new s 128B After section 128A— insert— ‘128B Transfer of water allocations ‘(1) A water allocation holder who proposes to transfer a water allocation not managed under a resource operations licence must give the chief executive notice of the proposed transfer. ‘(2) The notice must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. ‘(3) The chief executive may require the water allocation holder to give the chief executive additional information about the proposed transfer. ‘(4) The chief executive must give the water allocation holder a certificate about the proposed transfer, within 10 business days after— (a) receiving the notice; or (b) if the chief executive has required further information under subsection (3)—receiving the additional information. ‘(5) The certificate— (a) must be in the approved form; and

s 53 35 s 54 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (b) remains valid— (i) until the date stated in the certificate; or (ii) if the certificate does not state a date—for 40 business days.’. 53 Amendment of s 134 (Deciding application to change water allocation) (1) Section 134(4)(b), after ‘application’— insert— ‘without conditions’. (2) Section 134— insert— ‘(4A) If the chief executive approves the application with a condition requiring the applicant to take some action, the chief executive must give the applicant a certificate stating that the change has been approved within 10 business days after the action is taken.’. (3) Section 134(5), ‘The certificate’— omit, insert — ‘A certificate under subsection (4)(b) or (4A)’. 54 Amendment of s 138 (Water allocations may forfeited) (1) Section 138(7)— insert — ‘(ba) thirdly—in discharging the liability, if any, of the former allocation holder for any outstanding debt due to the distribution operations licence holder under distribution arrangements;’. (2) Section 138(7)(c), ‘thirdly’— omit, insert— ‘fourthly’. (3) Section 138(7)(d), ‘fourthly’—

s 55 36 s 56 Water and Other Legislation Amendment Act 2005 No. 19, 2005 omit, insert— ‘fifthly’. (4) Section 138(7)(e), ‘fifthly’— omit, insert— ‘sixthly’. 55 Amendment of s 140 (Priority for applying proceeds of sale of water allocations under a power of sale) (1) Section 140(1)— insert— ‘(c) if distribution arrangements give a distribution operations licence holder a power to sell the water allocation—the holder.’. (2) Section 140(2)— omit, insert— ‘(2) The holder of a resource operations licence may exercise a power of sale only in accordance with the supply contract. ‘(2A) The holder of a distribution operations licence may exercise a power of sale only in accordance with the distribution arrangements.’. 56 Replacement of s 142 (Applying for a seasonal water assignment) Section 142— omit, insert— ‘142 Applying for a seasonal water assignment ‘(1) A water allocation holder or the holder of a seasonal water assignment notice may apply for a seasonal water assignment for the water year in which the application is made. ‘(2) The application must be— (a) made to the chief executive in the approved form; and (b) include the following details of the proposed assignee—

s 57 37 s 58 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (i) name and address; (ii) if the proposed assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment—details of the water allocation; and (c) supported by sufficient information, including the written consent of the proposed assignee, to enable the chief executive to decide the application; and (d) accompanied by the fee prescribed under a regulation.’. 57 Amendment of s 144 (Deciding application for seasonal water assignment) (1) Section 144(4), ‘water permit’— omit, insert— ‘seasonal water assignment notice’. (2) Section 144— insert— ‘(5A) If the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment, a notice given under subsection (4) has the effect of increasing the volume of water authorised to be taken under the allocation by the volume stated in the notice.’. 58 Amendment of s 145 (Conditions of seasonal water assignment) (1) Section 145, ‘water permit’— omit, insert— ‘seasonal water assignment notice’. (2) Section 145(c), ‘permit’— omit, insert— ‘notice’.

s 59 38 s 61 Water and Other Legislation Amendment Act 2005 No. 19, 2005 59 Replacement of s 146 (Application of s 243) Section 146— omit, insert— ‘146 Application of s 243 ‘Section 243 applies to a seasonal water assignment notice as if a reference in the section to a water permit were a reference to a seasonal water assignment notice and a reference to the permittee were a reference to the holder of a seasonal water assignment notice.’. 60 Replacement of s 146B (Arrangements for seasonal water assignments) Section 146B— omit, insert— ‘146B Arrangements for seasonal water assignments ‘(1) The holder of a water allocation to which this subdivision applies may enter into an arrangement for a seasonal water assignment in relation to the water allocation. ‘(2) The holder may enter the arrangement only if— (a) the proposed assignment is allowed under the seasonal water assignment rules stated in the resource operations plan; and (b) the holder of the resource operations licence consents to the arrangement; and (c) if the water to which the allocation relates is distributed to the allocation holder by a distributions operations licence holder—the holder of the distributions operations licence consents to the arrangement. ‘(3) Subsection (2)(b) and (c) do not apply to the extent the seasonal water assignment rules do not require the consent.’. 61 Replacement of s 150 (Interests and dealings that may be registered) Section 150—

s 61 39 s 61 Water and Other Legislation Amendment Act 2005 No. 19, 2005 omit, insert— ‘150 Interests and dealings that may be registered ‘(1) Subject to subsection (2), an interest or dealing that may be registered for land under the LandTitleAct1994 , may be registered for a water allocation on the water allocations register. ‘(2) An interest or dealing, the provisions for which are excluded under section 151(1)(e), may not be registered under this Act. ‘(3) If a water allocation is managed under a resource operations licence, the registrar must not record a transfer of the allocation until the registrar has received from the resource operations licence holder notice in the approved form of the existence of a supply contract between the transferee of the allocation and the resource operations licence holder. ‘(4) The registrar must not record the transfer of a water allocation not managed under a resource operations licence until the registrar receives a certificate under section 128B(4) about the transfer. ‘(5) An instrument that purports to give effect to a dealing of the type mentioned in subsection (1) does not transfer or create an interest at law until it is registered on the register. ‘150A Effect on priority of notices given under s 101(1)(b) ‘(1) If the chief executive is given a notice about a water allocation under section 101(1)(b), the notice causes to be continued, in the water allocation, an interest equivalent to the interest had by the interest holder in the former water entitlement or other authority to take water until whichever of the following first happens— (a) 60 business days expire after details of the water allocation are recorded on the water allocations register under section 121(1)(b); (b) the interest mentioned in the notice is recorded on the register. ‘(2) Subsection (1) applies despite the expiry under section 121(1)(a) of the former water entitlement or other authority to take water.

s 61 40 s 61 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(3) However if, before an event mentioned in subsection (1)(a) or (b) happens, the interest holder lodges a caveat claiming an interest in the water allocation, the equivalent interest continues until— (a) the interest claimed in the caveat is recorded on the water allocations register; or (b) the caveat earlier lapses or is otherwise cancelled, removed or withdrawn. ‘(4) The registrar must not record any other dealing for the water allocation, other than a notice mentioned in section 150B(1), until subsections (1) and (3) cease to have effect in relation to the interest. ‘(5) If more than 1 notice is given under section 101(1)(b), the interests must be recorded in accordance with the priority the interests have on the land registry, as at the day the allocation is recorded, for the land to which the former water entitlement was attached. ‘(6) However— (a) for an interest that is not an interest that was recorded under the land registry but is recorded in another register, the interest must be registered in priority according to the time the interest was recorded in the other register; or (b) for an interest not recorded in another register, the interest must be registered in the priority in which the interest was lodged for registration. ‘150B Effect on priority of notices given under s 101(1)(c) ‘(1) If the chief executive is given a notice about a water allocation under section 101(1)(c), the registrar must record the notice, for the water allocation— (a) within 60 business days after details of the water allocation are recorded on the water allocations register under section 121(1)(b); and (b) with the priority the interest mentioned in the notice had on the land registry for the land to which the interest relates as at the day the allocation is recorded.

s 62 41 s 64 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(2) A notice recorded under subsection (1)— (a) has the effect of encumbering the water allocation for which the notice is recorded with the interest mentioned in the notice; and (b) for the application of section 151, is taken to be a mortgage for the water allocation for the Land Title Act1994 , part 6, division 3. ‘(3) No fee under this Act or duty under the DutiesAct2001 is payable for the recording of a notice under subsection (1).’. 62 Amendment of s 167A (Authority to interfere with water) Section 167A— insert— ‘(2) An interim resource operations licence may be held only by— (a) the owner of the water infrastructure to which the licence applies; or (b) if the owner of the water infrastructure to which the licence applies is a subsidiary company, the parent company of the subsidiary.’. 63 Amendment of s 168 (Who must apply for an interim resource operations licence) Section 168(1)— omit, insert— ‘(1) A regulation may nominate the owner of water infrastructure in relation to the operation of the infrastructure or the management of water stated in the regulation.’. 64 Amendment of s 169 (Applying for interim resource operations licence) Section 169(b)(i)— omit, insert— ‘(i) all water stored or released by the applicant and all water taken by customers of the applicant under

s 65 42 s 67 Water and Other Legislation Amendment Act 2005 No. 19, 2005 authorisations under this Act or the repealed Act, including the names and addresses of the customers and details of any existing contracts for the supply of the water; and’. 65 Amendment of s 170 (Additional information may be required) Section 170— insert— ‘(2) If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.’. 66 Amendment of s 178 (Conditions of interim resource operations licence) (1) Section 178(a)(i) and (ii)— renumber as section 178(ii) and (iii). (2) Section 178(a)— insert— ‘(i) install a meter to measure the taking of or interfering with water through the water infrastructure to which the licence applies;’. 67 Amendment of s 184 (Amending interim resource operations licence on notice) (1) Section 184(2), ‘However, the amendment must not’— omit, insert— ‘Subsection (3) applies if the amendment does not’. (2) Section 184— insert— ‘(3A) If the proposed amendment would have 1 or more of the effects mentioned in subsection (2), the chief executive—

s 68 43 s 68 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (a) must give the licence holder notice of the proposed amendment; and (b) must publish notice of the proposed amendment in the area to which the licence relates; and (b) may give a copy of the notice to any other entity the chief executive considers appropriate. ‘(3B) A notice under subsection (3A) must include at least the following— (a) a summary of the proposed amendment to the licence; (b) where copies of the proposed amendment are available; (c) that written submissions may be made by any entity about the proposed amendment; (d) the day by which submissions must be made and the person to whom, and the place where, the submissions must be made. ‘(3C) The day stated under subsection (3B)(d) must not be earlier than 30 business days after the day the notice is published.’. (3) Section 184(5), from ‘must give’— omit, insert— ‘must give— (a) the licence holder an amended notice in the approved form; and (b) the licence holder and any person who made a properly made submission an information notice about the decision to amend the licence.’. (4) Section 184(6), after ‘holder’— insert— ‘and any person who made a properly made submission’. 68 Insertion of new ch 2, pt 5, div 2, sdiv 5A Chapter 2, part 5, division 2— insert—

s 69 44 s 69 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘Subdivision 5A Other amendments to interim resource operations licences ‘185A Amending interim resource operations licences ‘(1) The chief executive may amend the details of the water sharing rules in an interim resource operations licence, for a water year or part of a water year, if— (a) either— (i) the licence allows amendment; and (ii) the licence holder requests an amendment in accordance with the licence; or (b) the chief executive is satisfied the rules need to be amended because of seasonal conditions. ‘(2) If the chief executive amends the rules— (a) the licence is taken to be amended, for the part of the water year, to the extent of the amendment to the rules; and (b) the amendment to the licence has effect when the chief executive gives notice of the amendment to the licence holder. ‘(3) As soon as practicable after receiving the notice, the licence holder must give notice of the amendment to the holders of interim water allocations managed under the licence. ‘(4) A notice given under subsection (2) or (3) must state— (a) details of the amendment; and (b) the reasons for the amendment; and (c) the part of the water year to which the amendment applies.’. 69 Insertion of new ch 2, pt 5, div 2, sdiv 7 Chapter 2, part 5, division 2— insert—

s 70 45 s 72 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘Subdivision 7 Audit reports ‘186A Preparing regular audit reports ‘The chief executive may prepare an audit report— (a) about an interim resource operation licence holder’s compliance with the licence; and (b) to verify the accuracy of monitoring and reporting information given to the chief executive by the holder. ‘186B Access for conducting audit reports ‘An interim resource operations licence holder must give any person authorised by the chief executive to participate in conducting an audit under this subdivision free and uninterrupted access to the holder’s infrastructure and any records relating to the infrastructure for conducting the audit. Maximum penalty—200 penalty units.’. 70 Amendment of s 187 (Granting interim water allocations) Section 187(1), ‘subdivision 1’— omit, insert— ‘subdivision 1A’. 71 Amendment of s 191 (Conditions of interim water allocation) Section 191(2)(d), from ‘water entitlement’— omit, insert— ‘persons, authorised under this Act to take water, who would be affected by the granting of the allocation;’. 72 Amendment of s 194 (Deciding application to transfer by interim resource operations licence holder) Section 194(1), ‘the application’—

s 73 46 s 74 Water and Other Legislation Amendment Act 2005 No. 19, 2005 omit, insert— ‘an application under section 193’. 73 Amendment of s 197 (Surrendering an interim water allocation) Section 197— insert— ‘(2A) If the notice is about an interim water allocation managed under an interim resource operations licence, the chief executive must, as soon as practicable after receiving the notice, give the holder of the interim resource operations licence a copy of the notice.’. 74 Replacement of s 198 (Effect of disposal of part of land to which interim water allocation attaches) Section 198— omit, insert— ‘198 Effect of disposal of part of land to which interim water allocation attaches ‘(1) This section applies if— (a) an interim water allocation is attached to land; and (b) the registered owner of the land disposes of part of the land. ‘(2) On the day the owner disposes of the part, the interim water allocation is taken to be held jointly by all owners of the land to which the interim water allocation related before the disposal. ‘(3) However, within 60 business days after the owner disposes of the part, 1 or more of the owners of the land to which the interim water allocation relates may, with the consent of the other owners, apply for 1 or more interim water allocations to replace the jointly held interim water allocation. ‘(4) The application must be— (a) in the approved form; and

s 74 47 s 74 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (b) accompanied by the fee prescribed under a regulation. ‘(5) The chief executive must grant the application if— (a) the application relates only to land to which the jointly held interim water allocation relates; and (b) granting the application would not increase the volume of water that may be taken. ‘(6) If an application is not made under subsection (3), the chief executive may give notice to the joint holders of the interim water allocation about replacing the allocation. ‘(7) The notice must state— (a) that a written submission may be made about the details of replacing the allocation; and (b) a day by which the submission must be made, and the person to whom, and the place where, the submission must be made. ‘(8) The day stated under subsection (7)(b) must not be earlier than 30 business days after the day the notice is given. ‘(9) The chief executive must consider any submissions made before issuing 1 or more replacement interim water allocations. ‘(10) Within 30 business days after issuing the replacement interim water allocations, the chief executive must give the holders of the jointly held interim water allocation an information notice. ‘(11) A replacement interim water allocation has effect from— (a) for an application granted under subsection (5)—the day the application is granted; and (b) for a replacement interim water allocation issued under subsection (9)—the day the information notice is given. ‘198A Effect of acquisition of land to which interim water allocation attaches ‘ (1) This section applies to an interim water allocation if part of the land to which the allocation attaches is taken under the Acquisition of Land Act 1967 .

s 75 48 s 75 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(2) If the acquisition includes an acquisition of the allocation, section 222 applies for transferring the allocation to the entity that acquired the land as if the allocation were a water licence. ‘(3) If the acquisition does not include an acquisition of the allocation, sections 199 to 199B apply.’. 75 Amendment of s 199 (Effect of acquisition of part of land to which interim water allocation attaches) (1) Section 199, heading, ‘to which interim water allocation attaches’— omit, insert— ‘adjoining a watercourse, lake or spring’. (2) Section 199(1), after ‘land’— insert— ‘, adjoining a watercourse, lake or spring,’. (3) Section 199(2) and (3)— omit, insert— ‘(2) If the remaining part of the land continues to adjoin the watercourse, lake or spring from which water may be taken under the interim water allocation— (a) section 198 does not apply to the interim water allocation; and (b) the interim water allocation may be amended under section 192 so it attaches to the remaining part of the land. ‘(3) Subsection (4) applies if— (a) the remaining part of the land no longer adjoins the watercourse, lake or spring; and (b) the holder of the allocation does not, within 60 business days after the acquisition, satisfy the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. ‘(4) The allocation is taken to be surrendered, and the chief executive must deal with the allocation under section 197(3).

s 76 49 s 76 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(5) However, subsection (2)(a) and (b) apply if, within 60 business days after the acquisition, the holder satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation.’. 76 Insertion of new ss 199A and 199B Chapter 2, part 5, division 3, subdivision 4— insert— ‘199A Effect of acquisition of part of land above an aquifer ‘(1) This section applies to an interim water allocation to take water from an aquifer under the land to which the allocation attaches, if part of the land is taken under the Acquisition ofLand Act 1967 . ‘(2) If the remaining part of the land is above the aquifer from which water may be taken under the allocation, and the conditions of the allocation allow water to be taken from the remaining part— (a) section 198 does not apply to the allocation; and (b) the allocation may be amended under section 219, as if the allocation were a water licence, so it attaches to the remaining part of the land. ‘(3) Subsection (4) applies if— (a) the remaining part of the land is not above the aquifer, or the conditions of the allocation do not allow water to be taken from the remaining part; and (b) the holder of the allocation does not, within 60 business days after the acquisition, satisfy the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. ‘(4) The allocation is taken to be surrendered and the chief executive must deal with the allocation under section 197(3). ‘(5) However, subsection (2)(a) and (b) apply if, within 60 business days after the acquisition, the holder satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation.

s 77 50 s 78 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘199B Effect of acquisition of part of other land ‘(1) This section applies to an interim water allocation granted in response to an application mentioned in section 206(3), as if the allocation were a water licence, if part of the land to which the allocation attaches is taken under the Acquisition of LandAct 1967 . ‘(2) If water taken under the allocation can still be delivered to the remaining part of the land— (a) section 198 does not apply to the allocation; and (b) the allocation may be amended under section 192 so it attaches to the remaining part of the land. ‘(3) Subsection (4) applies if— (a) water taken under the allocation can not still be delivered to the remaining part of the land; and (b) the holder of the allocation does not, within 60 business days after the acquisition, satisfy the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. ‘(4) The allocation is taken to be surrendered and the chief executive must deal with the allocation under section 197(3). ‘(5) However, subsection (2)(a) and (b) apply if, within 60 business days after the acquisition, the holder satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation.’. 77 Amendment of s 203 (Definitions for pt 6) Section 203, definition owner — insert— ‘(ba) the trustee of a reserve over the land or the holder of a permit to occupy the land under the Land Act 1994;’. 78 Amendment of s 205 (Decisions to be in accordance with plans) Section 205—

s 79 51 s 79 Water and Other Legislation Amendment Act 2005 No. 19, 2005 insert— ‘(2) If the chief executive makes a decision under this part, in accordance with a water resource plan or a resource operations plan, the chief executive is required to give, for the decision— (a) to the extent a different decision, consistent with the plan, could have been made—an information notice; or (b) otherwise—a notice stating the decision and the reasons for the decision. ‘(3) In this section— decision includes a part of a decision.’. 79 Amendment of s 206 (Applying for a water licence) Section 206(3)(b)— omit, insert— ‘(b) in relation to the land (the intervening land ) between the proposed point of taking and the applicant’s land and for the purpose of taking the water and delivering it to the applicant’s land— (i) to the extent the intervening land is freehold land—the applicant has written agreement, from all the owners of the intervening land, to give the applicant a registrable lease or easement over the intervening land; or (ii) to the extent the intervening land is unallocated State land under the Land Act 1994 —the applicant holds or has applied for a permit under section 177 of that Act to occupy the intervening land; or (iii) to the extent the intervening land is a State-controlled road under the TransportInfrastructureAct1994 —the requirements of section 50 of that Act have been complied with in relation to any necessary ancillary works and encroachments under that section; or (iv) to the extent the intervening land is a road under the control of a local government—the

s 80 52 s 82 Water and Other Legislation Amendment Act 2005 No. 19, 2005 requirements of the LocalGovernmentAct1993 and of any local laws of the local government have been complied with in relation to any necessary works, including ancillary works and encroachments under that Act; or (v) to the extent the intervening land is other land—the applicant holds or has applied for permission to occupy the intervening land, from the owner or the authority administering the land.’. 80 Amendment of s 208 (Public notice of application for water licence) Section 208(4)— insert— ‘(aa) details of the applicant’s land to which the water licence, if granted, would attach;’. 81 Amendment of s 210 (Criteria for deciding application for water licence) (1) Section 210(1)(g)— omit, insert— ‘(g) strategies and policies for the sustainable management of water in the area to which the application relates;’. (2) Section 210(1)(h), from ‘including’— omit, insert— ‘including any relevant coastal zone and regional aquifer systems;’. 82 Amendment of s 211A (Effect of disposal of part of land to which application for water licence relates) Section 211A(2), ‘expires’— omit, insert— ‘lapses’.

s 83 53 s 85 Water and Other Legislation Amendment Act 2005 No. 19, 2005 83 Amendment of s 214 (Conditions of water licence) Section 214(2)(d), ‘water entitlement holders’— omit, insert— ‘persons, authorised under this Act to take water,’. 84 Amendment of s 215 (Where water under certain licences must be used) Section 215(2)— omit, insert— ‘(2) However, subsection (1) does not apply to— (a) water taken under a licence attached to land the subject of a water facility agreement under the Land Protection(Pest and Stock Route Management) Act 2002 ; or (b) artesian water taken under a water licence for stock purposes; or (c) subartesian water, in an aquifer that is hydraulically connected to an artesian aquifer, taken under a water licence for stock and domestic purposes.’. 85 Insertion of new s 216A After section 216— insert— ‘216A Amending water licence without public notice ‘(1) Despite section 216(2), section 208 does not apply to an application to amend a water licence by adding land to, or removing land from, the land to which the licence attaches. ‘(2) However, the applicant must give notice of the application to any entity that has an interest in the land to which the licence attaches, the land to be added or the land to be removed. ‘(3) The notice must include at least the following— (a) a description of the proposed changes to the land to which the licence attaches;

s 86 54 s 86 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (b) where copies of the application may be inspected and, on payment of a fee, purchased; (c) that written submissions may be made about the application; (d) the day by which submissions must be made, and the person to whom, and the place where, the submissions must be made. ‘(4) The day mentioned in subsection (3)(d) must not be earlier than 30 business days after the day the notice is given. ‘(5) Within 10 business days after the notice is given, the applicant must give the chief executive a copy of the notice. ‘(6) If the applicant fails, without reasonable excuse, to comply with subsection (5), the application lapses. ‘(7) The chief executive may— (a) send a copy of the notice to any other entity the chief executive considers appropriate; and (b) decide the application after the day mentioned in subsection (3)(d).’. 86 Amendment of s 222 (Transferring water licence to another person) (1) Section 222— insert— ‘(2A) Subsection (2B) applies if the licensee is— (a) an entity mentioned in subsection 206(4); and (b) the owner of land to which the licence attached at the time the licensee became the owner of the land. ‘(2B) The licensee may also apply to transfer the licence to a person who will be an owner of the land at the time the transfer is approved.’. (2) Section 222(3), ‘The application’— omit, insert— ‘An application under this section’.

s 87 55 s 87 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (3) Section 222— insert— ‘(3A) If the licensee is the entity mentioned in section 206(4)(a), the licensee may transfer the licence to a person— (a) who, immediately before the transfer takes effect, is being supplied with water from the land to which the licence will attach at the time the transfer takes effect; and (b) who will be the owner of the land at the time the transfer takes effect.’. (4) Section 222(4)(b), after ‘(1)(b)’— insert— ‘or (2B)’. (5) Section 222(4)— insert— ‘(c) for a transfer under subsection (3A)—as soon as practicable after the person becomes the owner of the land.’. (6) Section 222— insert— ‘(4A) A new licence given under subsection (4) for a transfer mentioned in subsection (2B) or (3A) attaches to the land of the transferee.’. 87 Amendment of s 229 (Effect of disposal of part of land to which water licence to take water attaches) Section 229(3)— omit, insert— ‘(3) However, 1 or more of the owners of the land to which the expired licence related may apply for 1 or more licences to replace the expired licence— (a) within 60 business days after the owner disposes of the part; or

s 88 56 s 89 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (b) if, in a particular case, the chief executive extends the period for making the application—within the extended period.’. 88 Amendment of s 231 (Applying for seasonal water assignment) (1) Section 231(1), after ‘water licence’— insert— ‘or the holder of a seasonal water assignment notice’. (2) Section 231(2)— omit, insert— ‘(2) The application must— (a) be made to the chief executive in the approved form; and (b) be supported by sufficient information to enable the chief executive to decide the application; and (c) include the name and address of the proposed assignee; and (d) if the proposed assignee holds a water licence for the water management area in which the assignee proposes to take the benefit of the assignment—include details of the water licence; and (e) include the written consent of the proposed assignee; and (f) be accompanied by the fee prescribed under a regulation.’. 89 Amendment of s 233 (Deciding application for seasonal water assignment) (1) Section 233(4), ‘water permit’— omit, insert— ‘seasonal water assignment notice’. (2) Section 233— insert—

s 155 103 s 155 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(2) The registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the relevant land will show the existence of the agreement. ‘(3) If the agreement is cancelled, as soon as practicable after the cancellation— (a) the parties must give the chief executive notice of the cancellation; and (b) the chief executive must give the registrar of titles notice of the cancellation; and (c) the registrar must remove the particulars of the agreement from the registrar’s records. ‘(4) While the agreement has effect, the obligations on each party attach to the party’s land and bind the party and the party’s successors in title to the land. ‘1002 When agreement has effect ‘Despite any other provision of this part, the private water supply agreement does not have effect until the former water area is dissolved under this Act. ‘1003 Amending a private water supply agreement ‘(1) A private water supply agreement (the original agreement ) may be amended only once and only if the works to which the original agreement applies are capped and piped or are to be capped and piped. ‘(2) If additional land is required because of the capping and piping, the amending agreement may include— (a) the addition of land to the original agreement; and (b) if the registered owner of the land is not already a party to the original agreement—the addition of the registered owner as a party. ‘(3) As soon as practicable after making the amending agreement, the parties must give the chief executive a copy of the amending agreement.

s 156 104 s 156 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(4) If the amending agreement varies the land to which the original agreement applies, the chief executive must give the registrar of titles notice of the amending agreement. ‘(5) The registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the land the subject of the original agreement, as amended, will show the existence of the original agreement and the amending agreement. ‘(6) In this section— cap and pipe , in relation to works, means— (a) repairing or replacing a bore forming the whole or part of the works so that the flow of water can be controlled by a valve on the headworks of the bore; and (b) replacing a bore drain distribution system with a pipe-line distribution system. ‘1003AChief executive may approve standard agreement ‘(1) The chief executive may approve a document (a standard agreement ) to operate as a private water supply agreement in the absence of the agreement of the registered owners of particular land. ‘(2) The chief executive must gazette the approval of the standard agreement. ‘(3) On and from the day the former water area to which the standard agreement applies is dissolved, the standard agreement applies as a private water supply agreement for the area until the registered owners enter into a private water supply agreement to replace the standard agreement.’. 156 Amendment of s 1006 (Declarations about watercourses) (1) Section 1006(2), after ‘regulation’— insert— ‘or a water resource plan’. (2) Section 1006(3), ‘under a regulation’— omit .

s 157 105 s 157 Water and Other Legislation Amendment Act 2005 No. 19, 2005 157 Amendment of s 1007 (Records to be kept in registries) (1) Section 1007— insert— ‘(2A) If the chief executive grants a water licence or an interim water allocation, the chief executive must give the registrar of titles notice of the grant and the land to which the licence or allocation attaches. ‘(2B) The registrar must record the notice in a way that a search of the register kept by the registrar under any Act relating to the land will show that the licence or allocation attaches to the land.’. (2) Section 1007(3), ‘or (7)’— omit . (3) Section 1007(4)(a), ‘or (7)’— omit . (4) Section 1007— insert— ‘(4A) If the chief executive is satisfied the notice has been complied with or is no longer required, the chief executive must ask the registrar of titles to remove the notice from the register. ‘(4B) If the registrar of titles receives a request under section 494(8)(b), (9) or (10), the registrar must register, release or vary the charge according to the request.’. (5) Section 1007— insert— ‘(7) If the registrar receives a notice under section 127B(2), the registrar must record the notice in a way that a search of the register relating to the water allocation will show that the allocation is an allocation to which section 127C applies. ‘(8) If the registrar receives a notice under section 127B(4), the registrar must record the notice in a way that a search of the register relating to the water allocation will show that the allocation is no longer an allocation to which section 127C applies.’.

s 158 106 s 159 Water and Other Legislation Amendment Act 2005 No. 19, 2005 158 Amendment of s 1009 (Public inspection and purchase of documents) (1) Section 1009(1)— insert— ‘(fa) each notice of existing works that allow taking overland flow water required to be given to the chief executive under a water resource plan; (ka) each distributions operations licence; (qa) each water bore driller’s licence; (sa) each guideline for preparing a system leakage management plan under section 414B; (sb) each guideline for granting an exemption from preparing a system leakage management plan under section 414F; (ta) each guideline for preparing a drought management plan under section 429C; (x) each guideline for applying safety conditions to a referable dam; (y) each private water supply agreement.’. (2) Section 1009(1)(u), ‘425’— omit, insert— ‘435’. (3) Section 1009(3)(b) and (c)— renumber as section 1009(3)(c) and (d). (4) Section 1009(3)— insert— ‘(b) each drought management plan prepared under section 429C;’. 159 Amendment of s 1013A (Fee and charges payable to the chief executive) (1) Section 1013A(2)—

s 160 107 s 161 Water and Other Legislation Amendment Act 2005 No. 19, 2005 omit, insert— ‘(2) If an amount of a fee or charge remains unpaid after the day stated in the regulation for payment of the fee or charge— (a) the amount is a debt due and payable to the State; and (b) the late fee prescribed in the regulation applies to the amount.’. (2) Section 1013A(3), ‘and any interest payable on the fee or charge’— omit . 160 Amendment of s 1013B (Non-payment of fees or charges) Section 1013B(2)(b), ‘interest’— omit, insert— ‘any late fee’. 161 Amendment of s 1014 (Regulation-making power) (1) Section 1014(2)— insert— ‘(ca) prescribe organisations approved by the chief executive to provide accredited farm management system programs; and (cb) prescribe accredited farm management system programs; and’. (2) Section 1014(2)— insert— ‘(ga) state a process for— (i) converting authorities to take or interfere with water, identified as existing water supply responsibilities in an interim resource operations licence, to interim water allocations; and (ii) granting interim water allocations in relation to authorities to which the Three Moon Creek Irrigation Project Agreement for the

s 162 108 s 163 Water and Other Legislation Amendment Act 2005 No. 19, 2005 Monto/Mulgildie Salinity Area, endorsed, in 1997, by the Minister administering the repealed Act, applies; and’. (3) Section 1014(2)(j), ‘item 9A’— omit, insert— ‘table 4, item 1’. 162 Amendment of s 1037 (Local government authorities) (1) Section 1037(1)(a) and (b)— omit, insert— ‘(a) the chief executive grants a water licence to replace the authority; (b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence.’. (2) Section 1037(2)— omit, insert— ‘(2) The chief executive may grant a water licence under subsection (1)(a) without the need for an application to be made under section 206.’. 163 Insertion of new s 1037A After section 1037— insert— ‘1037AOther continuing authorities ‘(1) Subsection (2) applies to a following entity if, immediately before the commencement of this section, the entity was taking or interfering with water to which this Act applies— (a) a local government who lodged an application under the Local Government Act 1936 (repealed), section 32; (b) Toowoomba City Council in relation to the Cooby Creek Dam;

s 164 109 s 164 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (c) an entity to which a special agreement Act applies, to the extent the special agreement Act authorises the taking of, or interfering with, water. ‘(2) An entity mentioned in subsection (1)(a) or (b) is taken to hold an authority under this Act to take or interfere with water and the authority continues under this Act until whichever of the following first happens— (a) the chief executive grants a water licence to replace the authority; (b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence. ‘(3) An entity mentioned in subsection (1)(c)— (a) continues to hold the authority to take or interfere with water under the special agreement Act; and (b) is taken to also hold an authority under this Act to take or interfere with water. ‘(4) An authority under this Act to take or interfere with water, held by the South East Queensland Water Corporation Limited ABN 14 088 729 766 and in force on 12 April 2003, continues under this Act until whichever of the following first happens— (a) the chief executive grants a water licence to replace the authority; (b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence. ‘(5) In this section— special agreement Act see EnvironmentalProtectionAct 1994 , section 614(2).’. 164 Insertion of new ss 1057 and 1058 Chapter 9, part 1— insert—

s 165 110 s 165 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘1057 Reinstating particular expired licences ‘(1) This section applies to a licence under the repealed Act— (a) in force immediately before 13 November 2001; and (b) not in force immediately before the commencement of this section. ‘(2) The chief executive may reinstate the licence by granting a water licence under this Act without an application being made under section 221. ‘(3) A water licence granted under this section is taken to have been in force from the day it expired. ‘1058 Reinstating particular expired licences in former water areas ‘(1) This section applies to a licence in a former water area if— (a) the former water area was continued in existence under section 1083(2); and (b) under the licence the registered owner of land was supplied with water; and (c) the licence has expired; and (d) the registered owner has continued to be supplied with water as if the licence had not expired. ‘(2) The chief executive may reinstate the licence by granting a water licence under this Act without an application being made under section 221— (a) if the former water area’s former water board was continued in existence as a water authority under section 1083(3)—to the water authority; or (b) otherwise—to the chief executive. ‘(3) A water licence granted under subsection (2) is taken to have been in force from the day the licence it replaced expired.’. 165 Amendment of s 1089 (Existing authorities to take, or interfere with, water) Section 1089(2), (3) and (4)—

s 166 111 s 166 Water and Other Legislation Amendment Act 2005 No. 19, 2005 omit, insert— ‘(2) If the authority was given under 1 of the repealed Acts, it continues under that Act as if that Act had not been repealed until whichever of the following first happens— (a) the chief executive grants a water licence to replace the authority; (b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence. ‘(3) If the authority was given under another Act, it continues under that Act until whichever of the following first happens— (a) the chief executive grants a water licence to replace the authority; (b) the authority is replaced with a water entitlement, interim resource operations licence, resource operations licence or distribution operations licence. ‘(3A) An authority continued under subsection (2) or (3) is taken to also be an authority under this Act to take or interfere with water. ‘(4) The chief executive may grant a water licence under subsection (2)(a) or (3)(a) without the need for an application to be made under section 206.’. 166 Insertion of new s 1089A After section 1089— insert— ‘1089AConversion of existing authorities to take water ‘(1) This section applies if a former water board was authorised to deliver water to the holder of an authorisation in accordance with the instrument mentioned, for the board’s area, in the Water Resources (Areas and Boards) Regulation 2000 (repealed), schedule 5. ‘(2) Each authorisation that relates to a board mentioned in subsection (9), definition former water board , paragraph (a), (b) or (d) is taken to be an interim water allocation, with the

s 166 112 s 166 Water and Other Legislation Amendment Act 2005 No. 19, 2005 volume mentioned for the authorisation as a property allocation or an annual water entitlement in the instrument. ‘(3) An interim water allocation mentioned in subsection (2) attaches to the land described, for the authorisation to which it relates, in the instrument. ‘(4) The interim water allocation is taken to be held by— (a) the person identified, for the authorisation, in the instrument; or (b) if the person identified, for the authorisation, in the instrument has ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the registered owner or owners of the land; or (c) if no person is identified for the authorisation, in the instrument—the registered owner or owners of the land to which the interim water allocation attaches. ‘(5) Each authorisation that relates to a board mentioned in subsection (9), definition former water board , paragraph (c), is taken to be an interim water allocation with the volume mentioned, for the authorisation, as a nominal volume in attachment 3(a) of the Pioneer Draft Resource Operations Plan made available under section 100 on 2 August 2004. ‘(6) An interim water allocation mentioned in subsection (5) attaches to all or part of the land described in the instrument mentioned for the former water board’s area in the Water Resources (Areas and Boards) Regulation 2000 (repealed) with the farm ID identified for the authorisation in the instrument and in attachment 3(a). ‘(7) The interim water allocation is taken to be held by— (a) if the person identified, for the authorisation, in attachment 3(a) has not ceased to be the owner or occupier of all or part of the land to which the interim water allocation attaches—the person identified, for the authorisation, in attachment 3(a); or (b) if the person identified, for the authorisation, in attachment 3(a) has ceased to be the owner or occupier of all or part of the land to which the interim water

s 167 113 s 168 Water and Other Legislation Amendment Act 2005 No. 19, 2005 allocation attaches—the registered owner or owners of the land. ‘(8) The provisions of the instruments mentioned in subsection (1) that deal with the delivery of water by a former water board continue to have effect. ‘(9) In this section— authorisation means an authorisation to take water continued under section 1089(2). former water board means each of the following former water boards continued in existence under section 1083(3)— (a) Avondale Water Supply Board; (b) Kelsey Creek Water Board; (c) Pioneer Valley Water Board; (d) Six Mile Creek Water Supply Board.’. 167 Amendment of s 1116 (Minister must approve standard supply contracts) Section 1116— insert— ‘(8) A reference in subsection (1) to an agreement mentioned in section 1117 is taken to include and to have always included a reference to an order in council mentioned in section 1117.’. 168 Insertion of new of new s 1117A After section 1117— insert— ‘1117AWhen conditions of supply contract do not apply ‘(1) This section applies if— (a) immediately before an interim water allocation was granted, its holder was authorised to take water under an agreement or order in council mentioned in section 1117; and

s 169 114 s 170 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (b) the interim water allocation was granted to replace the authorisation; and (c) the water is being taken under the interim water allocation from a weir owned by the holder. ‘(2) A regulation may prescribe an interim water allocation holder and an interim water allocation, or the part of an interim water allocation, to which any condition about payment for the storage and supply of water, in the supply contract under which the interim water allocation is managed, does not apply. ‘(3) The regulation applies only while the weir is maintained. ‘(4) In this section— interim water allocation includes a water allocation to which the interim water allocation has been converted under section 121.’. 169 Insertion of new ch 9, pt 5, div 1, hdg Chapter 9, part 5, before section 1129— insert— ‘Division 1 Miscellaneous’. 170 Insertion of new s 1135A and ch 9, pt 5, div 2 hdg After section 1135— insert— ‘1135AValidation of particular decisions ‘The following decisions, made or purported to have been made between 1 October 2000 and 20 October 2003, are taken to be, and to always have been, valid— (a) a decision to extend time, made under section 863(2); (b) a decision made under section 864(2). 5 5 Section 863 (Applying for an internal review) and 864 (Review decision)

s 171 115 s 172 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘Division 2 Transitional provision for Water andOther Legislation Amendment Act2003’. 171 Insertion of new ch 9, pt 5, div 3, hdg After section 1136— insert— ‘Division 3 Transitional provision for Petroleumand Other Legislation AmendmentAct 2004’. 172 Insertion of new ch 9, pt 5, div 4 Chapter 9, part 5— insert— ‘Division 4 Transitional provision for Water and Other Legislation Amendment Act 2005 ‘1136BNotices given under s 101(1)(b) and (1)(c) ‘(1) This section applies to a notice given under section 101(b) for a draft resource operation plan that did not become effective under section 103 before the commencement of the Water andOther Legislation Amendment Act 2005, section 16. ‘(2) The notice is taken to be a notice given under section 101(1)(b) as in force after the commencement. ‘(3) Despite subsection (2), an existing interest holder may, within 60 business days after details of the water allocation to which the notice relates are recorded on the water allocations register, give a notice under section 101(1)(c) as in force after the commencement and, on the giving of the notice— (a) subsection (2) ceases to apply; and (b) section 150B(1) as in force after the commencement applies.

s 172 116 s 172 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘1136CEffect of disposal of part of land to which interim water allocation attaches ‘(1) This section applies if, before the commencement of this section— (a) an interim water allocation attached to land; and (b) the registered owner of the land disposed of part of the land; and (c) no application was made under section 198(3) as in force before the commencement. ‘(2) The interim water allocation is taken— (a) not to have been surrendered; and (b) to be held jointly by all owners of the land to which the interim water allocation related before the disposal. ‘(3) However, within 60 business days after the commencement of this section, 1 or more of the owners of the land to which the interim water allocation relates may, with the consent of the other owners, apply for 1 or more interim water allocations to replace the jointly held interim water allocation. ‘(4) Section 198(4) to (11) as in force after the commencement applies to the application to replace the interim water allocation. ‘1136DEffect of acquisition of part of land to which interim water allocation attaches ‘(1) This section applies if, before the commencement of this section— (a) an interim water allocation attached to land; and (b) part of the land was taken under the Acquisition of LandAct 1967 ; and (c) the remaining part of the land no longer adjoined the watercourse, lake or spring from which water could be taken under the allocation; and (d) no application was made under section 198(3) as in force immediately before the commencement.

s 172 117 s 172 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘(2) The interim water allocation is taken to have been surrendered and the chief executive must deal with the allocation under section 197(3). ‘(3) However subsection (2) does not apply if, within 60 business days after the commencement, the holder of the allocation satisfies the chief executive that the requirements of section 206(3)(b) have been met in relation to the allocation. ‘1136E Condition about measuring device not effective ‘(1) This section applies to a water licence in force immediately before the commencement of this section if— (a) the water licence is subject to a condition requiring the licensee to install a measuring device to measure the volume of water taken, the rate at which it is taken and the time it is taken; and (b) on the commencement, the measuring device has not been installed. ‘(2) From the commencement, the water licence is no longer subject to the condition. ‘1136F Submitting system leakage management plans for approval ‘(1) This section applies to a water service provider registered as a service provider immediately before the commencement of this section. ‘(2) Despite section 414D, the water service provider must give a copy of the service provider’s system leakage management plan to the regulator for approval— (a) for a small service provider—within 3 years after the commencement of this section; or (b) for a medium or large service provider—within 2 years after the commencement of this section. Maximum penalty—200 penalty units.

s 173 118 s 173 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘1136GSubmitting drought management plan for registration ‘(1) This section applies to a water service provider registered as a service provider immediately before the commencement of this section. ‘(2) Despite section 429E, the water service provider must give a copy of the service provider’s drought management plan to the regulator for registration— (a) for a large service provider—within 1 year after the commencement of this section; or (b) otherwise—within 2 years after the commencement of this section. ‘(3) If the water service provider fails to comply with subsection (2), the name of the provider must be included in a list tabled in the Legislative Assembly under section 429K. ‘1136HInterest payable under section 1013A ‘(1) This section applies to interest on a fee or charge under this Act remaining unpaid immediately before the commencement of this section. ‘(2) On the commencement, the interest becomes the late fee for the purposes of section 1013A(2) as in force on the commencement.’. 173 Amendment of sch 4 (Dictionary) (1) Schedule 4, definitions information notice , seasonal water assignment, stock purposes, storage capacity , and water sharing rules — omit . (2) Schedule 4— insert— ‘ approved meter means a meter prescribed under a regulation as an approved meter. cost-benefit analysis , for a distribution system, means an analysis of—

s 173 119 s 173 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (a) the cost of measures to reduce leakage; and (b) the economic benefit of saving water from leakage; and (c) the reduced operational costs and deferred infrastructure costs that would result from reducing leakage. distribution operations licence means a distribution operations licence granted under chapter 2, part 4, division 3. distribution system means the infrastructure for— (a) the transmission of water; or (b) the reticulation of water; or (c) water treatment or recycling. holder , of a water allocation, means— (a) the person whose details are stated on the water allocations register as the person who holds the water allocation; or (b) if a lease of the water allocation is registered on the register, the lessee of the lease. information notice , about a decision under this Act, means a notice— (a) stating the following— (i) the decision; (ii) the reasons for the decision; (iii) the name and address of any other person who was given the notice; (iv) that any person given the notice may appeal against the decision, or apply for arbitration, within 30 business days after the day the notice is given; and (b) including a copy of the relevant appeal or arbitration provisions of this Act.

s 173 120 s 173 Water and Other Legislation Amendment Act 2005 No. 19, 2005 IntegratedPlanningAct1997 offence means an offence against the IntegratedPlanningAct1997, section 4.3.1(1), 4.3.2, 4.3.2A, 4.3.3(1), 4.3.4(1), 4.3.5 or 4.3.15(1) 6 to the extent the section relates to the taking of, or interfering with, water. interstate distribution operations licence means a licence that is granted under an interstate law and authorises the licence holder to operate infrastructure to distribute water. metered entitlement means an authority under this Act to take or interfere with water, prescribed under a regulation to be a metered entitlement. monitoring equipment means equipment for reading rainfall, water flow, water levels or for assessing the effects of water use on land and water. private water supply agreement see section 1000. registered proprietor , of land, see the LandTitleAct1994 , schedule 2. seasonal water assignment , for an interim water allocation, a water allocation, a seasonal water assignment notice or a water licence, means the assignment by the holder of the allocation, notice or licence of the benefit under the allocation, notice or licence to another person, for a water year, of all or part of the water that may be taken under the allocation, notice or licence. seasonal water assignment notice means— (a) for a water allocation—a seasonal water assignment notice granted under chapter 2, part 4, division 5; or (b) for a water licence—a seasonal water assignment notice granted under chapter 2, part 6, division 3. stock purposes , in relation to taking water, means— 6 Integrated Planning Act 1997 , section 4.3.1 (Carrying out assessable development without permit), 4.3.2 (Self-assessable development must comply with codes), 4.3.2A (Certain assessable development must comply with codes), 4.3.3 (Compliance with development approval), 4.3.4 (Compliance with identified codes about use of premises), 4.3.5 (Offences about the use of premises) or 4.3.15 (Offences relating to enforcement notice)

s 173 121 s 173 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (a) watering stock of a number that would normally be depastured on the land on which the water is, or is to be, used; or (b) watering travelling stock on a stock route. stock route see the LandProtection(PestandStockRouteManagement) Act 2002 , schedule 3. system leakage management plan means a plan certified by a registered professional engineer under chapter 3, part 3, division 1A. travelling stock see the Land Protection (Pest and Stock RouteManagement) Act 2002 , schedule 3. unallocated State land see the Land Act 1994 , schedule 6. water management area means— (a) an area of the State declared under a regulation to be a water management area; or (b) an area identified in a water resource plan or a resource operations plan as a water management area. water sharing rules means— (a) for a water entitlement, or other authorisation to take water under this Act, managed under a resource operations plan—the water sharing rules included in the plan; or (b) for a water licence, or other authorisation to take water under this Act, not managed under a resource operations plan—the water sharing rules prescribed under a regulation; or (c) for an interim water allocation or other authorisation to take water under this Act managed under an interim resource operations licence—the water sharing rules included in the interim resource operations licence under which the interim water allocation or other authorisation is managed.’. (3) Schedule 4, definition resource operations licence , ‘a licence’ — omit, insert—

s 174 122 s 174 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘a resource operations licence’. (4) Schedule 4, definition sewerage service , item 2, paragraph (b)— omit, insert— ‘(b) the service is used only by— (i) the owner of the infrastructure or the owner’s guests or employees including, for example, guests at a resort; or (ii) if the owner of the infrastructure is a body corporate for a community titles scheme under the Body Corporate and Community Management Act1997 —the occupants of lots in the scheme.’. (5) Schedule 4, definition strategic asset management plan , after ‘part 3’— insert— ‘, division 1’. (6) Schedule 4, definition water service , item 2, paragraph (b)— omit, insert— ‘(b) the service is used only by— (i) the owner of the infrastructure or the owner’s guests or employees including, for example, guests at a resort; or (ii) if the owner of the infrastructure is a body corporate for a community titles scheme under the Body Corporate and Community Management Act1997 —the occupants of lots in the scheme.’. Part 3 Amendment of Integrated Planning Act 1997 174 Act amended in pt 3 This part amends the Integrated Planning Act 1997 .

s 175 123 s 177 Water and Other Legislation Amendment Act 2005 No. 19, 2005 175 Amendment of sch 8A (Assessment manager for development applications) Schedule 8A, table 4, item 3, paragraph (a)— omit, insert— ‘(a) development for an environmentally relevant activity mentioned in the EnvironmentalProtectionRegulation1998 , schedule 1, item 19 (dredging material) or 20 (extracting rock or other material), or for a combination of environmentally relevant activities mentioned in any of the following combinations of items in that schedule— (i) items 19 and 20; (ii) items 19 and 22 (screening etc. materials); (iii) items 20 and 22; (iv) items 19, 20 and 22; and’. Part 4 Amendment of Lake Eyre Basin Agreement Act 2001 176 Act amended in pt 4 This part amends the Lake Eyre Basin Agreement Act 2001 . 177 Replacement of ss 2 and 3 Sections 2 and 3— omit, insert — ‘2 Definitions ‘In this Act— agreement means the original agreement as amended by the first amending agreement. first amending agreement means the agreement a copy of which is set out in schedule 2.

s 178 124 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 original agreement means the agreement a copy of which is set out in schedule 1. ‘3 Approval and ratification of agreements ‘The following agreements are approved and ratified— (a) the original agreement; (b) the first amending agreement.’. 178 Amendment of schedule (Lake Eyre Basin Intergovernmental Agreement) Schedule, heading— omit, insert— ‘Schedule 1 Lake Eyre Basin Intergovernmental Agreement section 2, definition original agreement ’. 179 Insertion of new sch 2 After schedule 1, as renumbered— insert— ‘Schedule 2 First Amending Agreement section 2, definition first amending agreement DEED dated the Tenth day of June 2004 . BETWEEN: THE COMMONWEALTH OF AUSTRALIA ( “the Commonwealth”) AND THE STATE OF QUEENSLAND (“Queensland”) AND

s 179 125 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 THE STATE OF SOUTH AUSTRALIA (“South Australia”) AND THE NORTHERN TERRITORY OF AUSTRALIA (“the Northern Territory”) BACKGROUND 1. On the 21 st day of October 2000, the Commonwealth, Queensland and South Australia (“the Original Parties”) entered into the LAKE EYRE BASIN INTERGOVERNMENTAL AGREEMENT (“the Original Agreement”) to provide for the establishment of arrangements for the management of water and related natural resources for that portion of the Lake Eyre Basin as identified in Clause 1.1 of the Agreement. 2. The Northern Territory wishes to become a party to the Original Agreement. 3. The Original Parties: a. have agreed to admit the Northern Territory as a party to the Original Agreement; and b. wish to amend certain provisions of the Original Agreement as set out in this Deed. OPERATIVE PART: 1. MEANING OF WORDS (a) “Effective Date” means, pursuant to clause 12 of the Original Agreement, the date on which this Deed is approved and ratified by the Parliaments of Queensland, South Australia and the Northern Territory. (b) All other capitalised terms used in this Deed have the meaning given to them in the Original Agreement. 2. CHANGES TO PARTIES On and from the Effective Date the Northern Territory: (a) becomes a Party to the Original Agreement; and

s 179 126 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 (b) is bound by the terms of the Original Agreement in all respects as if the Northern Territory had been named as a Party to the Original Agreement. 3. AMENDMENTS TO THE AGREEMENT The Original Agreement is varied in the following manner: (a) by removing clause 1.1 and replacing it with the following clause: “1.1 This Agreement applies to that area of the Lake Eyre Basin (the Agreement Area) encompassing portions of Queensland, South Australia and the Northern Territory of Australia, as depicted in Schedule 1 of this Agreement, including within that area the following river systems and associated catchments, floodplains, overflow channels, lakes, wetlands and sub-artesian waters dependant on surface flows of: a. the Cooper Creek system and associated tributaries in Queensland and South Australia; b. the Diamantiana River system and associated tributaries in Queensland and South Australia; c. the Georgina river system and associated tributaries in Queensland, South Australia and the Northern Territory; d. the Hay River system and associated tributaries in Queensland and the Northern Territory; and e. the Finke River and Todd River systems and associated tributaries in the Northern Territory. (b) by adding the following sub-clause (h) to clause 1.3: “a reference to a “State” includes the Northern Territory.” (c) by removing sub-clause 9.2 and replacing it with the following sub-clause: “9.2 Any amendment of this Agreement, including the addition or amendment of a Schedule approved by the Ministerial Forum under clause 10 or 12, is subject to approval and ratification by the Parliaments of Queensland, South Australia

s 179 127 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 and the Northern Territory and will come into effect when so approved and ratified.” (d) by replacing the map in Schedule 1 to the Original Agreement with the map at Annexure A to this Deed. (e) by this Deed becoming a schedule to the Original Agreement being “Schedule 2”. 4. TERMS AND CONDITIONS For the purpose of clause 12.1 of the Original Agreement, the terms and conditions prescribed by the Original Parties are as set out in Annexure B to this Deed. 5. GENERAL (a) Each party must: (a) use its best efforts to do all things necessary or desirable to give full effect to this Deed; and (b) refrain from doing anything that might hinder performance of this Deed. (b) This Deed may be signed in any number of counterparts. (c) Except as varied above the Original Agreement remains in full force and effect. Signed, Sealed & Delivered by The Minister for the Environment and Heritage of the Commonwealth This 10 day of June 2004 ) ) ) ) David Kemp (sgd) ) ............................... ) In the presence of Mick Roche (sgd) ……………………………………………… Witness

s 179 128 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 Signed, Sealed & Delivered by The Minister for Natural Resources, Mines and Energy of the © State of Queensland this 10th day of June 2004 ) ) ) ) Stephen Robertson (sgd) ) ............................... ) in the presence of Mick Roche (sgd) ……………………………………………… Witness The Common Seal of ) The Minister for Environment and Conservation ) (seal affixed) of the State of South Australia ) John Hill (sgd) ) ............................... affixed this 10 day of June 2004 ) in the presence of Mick Roche (sgd) ……………………………………………… Witness Signed, Sealed & Delivered for and on behalf of the Northern Territory of Australia by The Minister for Central Australia this 10th day of June 2004 ) ) ) ) ) Peter Toyne (sgd) ) ............................... )

s 179 129 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 in the presence of Mick Roche (sgd) ……………………………………………… Witness

s 179 130 s 179 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘Annexure A The Lake Eyre Basin Agreement Area NT WA SA QLD NSW VIC TAS 1RUWKHUQ 7HUULWRU\ ver River d o *HRUJLQD 5LYHU &DWFKPHQW San $OLFH 6SULQJV Finke River Catchment Fi H ale R T odd i Ri v er ver 7RGG 5LYHU &DWFKPHQW nke Riv Hay River +D\ 5LYHU &DWFKPHQW er Georgina River 4XHHQVODQG 0W ,VD Diamantina River Catchment ver t ina Ri an Th &RRSHU &UHHN &DWFKPHQW Ri oms o n ver Ri ver /RQJUHDFK oo Barc Diam %LUGVYLOOH n Ck /DNH (\ UH 6RXWK $ XVWUDOLD to bur ar W er Creek op Co ,QQDPLQFND 1HZ 6RXWK : DOHV 0 200 Kilometerers Agreement Area Lake Eyre Basin Boundary Catchment Boundary State Boundary

s 180 131 s 181 Water and Other Legislation Amendment Act 2005 No. 19, 2005 ‘Annexure B Terms The Northern Territory will join the Original Agreement on the following terms agreed by and with the Original Parties: a) the Northern Territory will contribute financial and other resources of $50,000 per annum towards the Ministerial Forum Budget, at least $10,000 of which will provided as a cash contribution; b) the cash component of the Northern Territory contribution will be managed in accordance with existing financial arrangements agreed by parties, but will be targeted to travel and other costs involved in supporting Northern Territory participation in the Community Advisory Committee to the Ministerial Forum; c) the remainder of the Northern Territory contribution will be drawn from natural resource management, environmental or other program activities within the Agreement Area that support the objectives of the Lake Eyre Basin Inter-governmental Agreement (but excluding any activities funded jointly through existing Commonwealth – Territory agreements).’. Part 5 Amendment of Land Protection (Pest and Stock Route Management) Act 2002 180 Act amended in pt 5 This part amends the Land Protection (Pest and Stock RouteManagement) Act 2002 . 181 Amendment of s 325 (Existing agreement about water facilities) Section 325(4), ‘2 years’—

s 181 132 s 181 Water and Other Legislation Amendment Act 2005 No. 19, 2005 omit, insert— ‘4 years’. © State of Queensland 2005