Water and Other Legislation Amendment Regulation (No. 1) 2017 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Water and Other Legislation Amendment Regulation (No. 1) 2017.

Part 2    Amendment of Valuers Registration Regulation 2013

2   Regulation amended

This part amends the Valuers Registration Regulation 2013.

3   Amendment of s 2 (Code of professional conduct)

Section 2(6), definition API code—
omit, insert—

API code means the Code of Professional Conduct published by the Australian Property Institute with an effective date of 15 June 2015.

Note—

The API Code is available on the Australian Property Institute's website.

Part 3    Amendment of Water Regulation 2016

4   Regulation amended

This part amends the Water Regulation 2016.

5   Amendment of s 25 (Prescribed activities—Act, s 101)

Section 25(2), ‘applies.’—
omit, insert—

applies, unless the water is taken by a person who holds—

(a)a resource operations licence for the water supply scheme; or

(b)an interim resource operations licence for the water supply scheme; or

(c)a distribution operations licence for the water supply scheme.

6   Replacement of s 58 (Applying for a seasonal water assignment)

Section 58—
omit, insert—

58   Applying for a seasonal water assignment

(1)The holder of a water allocation may apply to the chief executive for a seasonal water assignment for the water allocation for the water year in which the application is made.

(2)The holder of a seasonal water assignment notice for a water allocation may apply to the chief executive for a seasonal water assignment for the seasonal water assignment notice for the water year in which the application is made.

(3)An application under subsection (1) or (2) must be—

(a)in the approved form; and

(b)accompanied by the application fee stated in schedule 12.

7   Amendment of s 59 (Deciding application)

Section 59(3), ‘holder of the water allocation’—
omit, insert—

applicant

8   Amendment of s 60 (Conditions of seasonal water assignment notice)

(1)Section 60—
insert—

(aa)if the applicant for the seasonal water assignment is the holder of a seasonal water assignment notice (the existing notice) for the water allocation—the conditions to which the existing notice is subject; and

(2)Section 60(aa) and (b)—
renumber as section 60(b) and (c).

9   Insertion of new pt 8, div 1, hdg

Part 8, before section 93—
insert—

Division 1 Continuation

10   Insertion of new pt 8, div 2

Part 8, after section 94—
insert—

Division 2 Dissolution

94A   Dissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691

(1)This section applies to a water authority mentioned in schedule 8, part 3, column 1.

(2)For section 691(1)(b) of the Act, the water authority is dissolved for converting the authority to the alternative institutional structure mentioned opposite the authority in schedule 8, part 3, column 3.

(3)For section 691(2) of the Act, the authority area for the water authority shown on the plan mentioned opposite the water authority in schedule 8, part 3, column 2 is dissolved.

11   Amendment of sch 8 (Water authorities)

(1)Schedule 8, authorising section, ‘and 94’—
omit, insert—

, 94 and 94A

(2)Schedule 8, part 1, entry for Merlwood Water Board—
omit.

(3)Schedule 8—
insert—

Part 3    Water authorities dissolved for conversion to alternative institutional structures

Column 1	Column 2	Column 3
Dissolved water authority	Plan of dissolved authority area	Alternative institutional structure
Merlwood Water Board	AP7342	Merlwood Water Pty Ltd ACN 611 379 278

12   Amendment of sch 12 (Fees)

Schedule 12, item 2, column 2, from ‘by holder’ to ‘assignment’—
omit, insert—

for a seasonal water assignment for a water allocation or a seasonal water assignment notice for a water allocation