Water and Other Legislation Amendment Regulation (No. 2) 2008 (Qld)

Queensland Water and Other Legislation Amendment Regulation (No. 2) 2008 Subordinate Legislation 2008 No. 369 made under the Fisheries Act 1994 River Improvement Trust Act 1940 Water Act 2000 Contents Part 1 1 Part 2 2 3 4 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Water Regulation 2002 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 3CA (Notice of works and water use—Act, s 37) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new pt 2, div 2, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . 4 Insertion of new pt 2, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 4 Subdivision 2 Interim water allocations for Julius Dam water supply scheme 13C Granting interim water allocations—Act, s 201 . . . . . 5 13D Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13E Expiry of relevant interim water allocation and grant of new allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 48A Employing offices for water authorities established—Act, s 625 . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 49 (Destroying vegetation in a watercourse, lake or spring—Act, s 814) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Water and Other Legislation Amendment Regulation (No. 2) 2008 Contents 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Part 3 27 28 29 Part 4 30 31 Page 2 Amendment of s 50 (Excavating in a watercourse, lake or spring—Act, s 814). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 51 (Placing fill in a watercourse, lake or spring—Act, s 814). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 62 (Code for self-assessable development—Act, s 1014) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Code for self-assessable development—Act, s 1014 . Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62A Accounting period—Act, sch 4, definition water year . Amendment of s 102 (Declared subartesian areas—Act, s 1046) Amendment of s 109 (When conditions of supply contract do not apply—Act, s 1117A(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Persons nominated for the Act, section 168) ......................................... Amendment of sch 2 (Entities—Act, sections 190, 193, 206 and 213) ........................................... Amendment of sch 3 (Transferring interim water allocations). . . . Amendment of sch 4 (Seasonal water assignments) . . . . . . . . . . Amendment of sch 6 (Water authorities) . . . . . . . . . . . . . . . . . . . Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6A Employing offices for water authorities Amendment of sch 8 (Downstream and upstream limits). . . . . . . Amendment of sch 10 (Water sharing rules) . . . . . . . . . . . . . . . . Amendment of sch 10D (Water supply emergency response for outcomes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 11 (Subartesian areas) . . . . . . . . . . . . . . . . . Replacement of sch 12 (Failure impact rating). . . . . . . . . . . . . . . Schedule 12 Failure impact rating Amendment of sch 14 (Water charges) . . . . . . . . . . . . . . . . . . . . Amendment of sch 15A (Metered entitlements) . . . . . . . . . . . . . . Amendment of Fisheries Regulation 2008 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 704 (Codes for operational work for constructing or raising a waterway barrier works) . . . . . . . . . . . . Amendment of s 706 (Codes for operational work that is the removal, destruction or damage of marine plants) . . . . . . . . . . . . Amendment of River Improvement Trust Regulation 1998 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 8 8 9 9 10 10 10 11 11 11 12 12 13 13 14 14 14 24 25 26 26 26 27 27 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Contents 3B Changes to Boonah Shire River Improvement Area and Boonah Shire River Improvement Trust. . . . . . . . 27 32 Amendment of schedule (River improvement areas and trusts continued in existence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2008 SL No. 369 Page 3

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Water and Other Legislation Amendment Regulation (No. 2) 2008 . Part 2 Amendment of Water Regulation 2002 2 Regulation amended in pt 2 This part amends the Water Regulation 2002. 3 Amendment of s 3CA (Notice of works and water use—Act, s 37) Section 3CA(1), ‘or AP13801’— omit, insert— ‘, AP13801 or AP19470’. 4 Insertion of new pt 2, div 2, sdiv 1 hdg Part 2, division 2, before section 6— insert— ‘Subdivision 1 General’. 5 Insertion of new pt 2, div 2, sdiv 2 Part 2, division 2, after section 13B— insert— Page 4 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 5] ‘Subdivision 2 Interim water allocations for Julius Dam water supply scheme ‘13C Granting interim water allocations—Act, s 201 ‘This subdivision states a process for section 201(2) of the Act. ‘13D Application of sdiv 2 ‘This subdivision applies to the relevant interim water allocation mentioned in the Act, section 201(1). ‘13E Expiry of relevant interim water allocation and grant of new allocations ‘(1) The chief executive may nominate a day (the nominated day ) for expiry of the relevant interim water allocation and the grant of new allocations to eligible entities to replace the expired relevant interim water allocation (the proposed action ). ‘(2) The chief executive must, at least 25 days before the nominated day, give a notice about the proposed action to— (a) the holder of the relevant licence; and (b) each eligible entity. ‘(3) The notice must state the following— (a) the day the notice is given; (b) the nominated day; (c) details of the proposed action, including particulars of each eligible entity and the new allocations; (d) that the holder of the relevant licence or eligible entity may make written submissions to the chief executive about the proposed action— (i) at an address stated in the notice; and 2008 SL No. 369 Page 5

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 6] (ii) within a stated period of at least 20 days. ‘(4) On the nominated day— (a) the relevant interim water allocation expires; and (b) the new allocations are granted. ‘(5) Within 30 business days after the nominated day, the chief executive must give— (a) the holder of the relevant licence and each eligible entity a notice about the matters in subsection (4); and (b) each eligible entity a new allocation in the approved form. ‘(6) A new allocation granted under this section takes effect from the nominated day. ‘(7) The supply arrangement for the relevant interim water allocation applies to each new allocation. ‘(8) In this section— eligible entity means each of the following— (a) Mount Isa City Council; (b) Mount Isa Mines Limited; (c) Mount Isa Water Board. new allocations means the new allocations under section 201(2)(b) of the Act that are— (a) for Mount Isa City Council to take 7900ML; and (b) for Mount Isa Mines Limited to take 8850ML; and (c) for Mount Isa Water Board to take 5000ML. relevant licence means the interim resource operations licence for the Julius Dam water supply scheme.’. 6 Insertion of new s 48A Part 4— insert— Page 6 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 7] ‘48A Employing offices for water authorities established—Act, s 625 ‘(1) The employing office for each water authority mentioned in schedule 6A, column 1, is established. ‘(2) The employing office for a water authority has the name stated in schedule 6A, column 2 opposite the water authority.’. 7 Amendment of s 49 (Destroying vegetation in a watercourse, lake or spring—Act, s 814) Section 49(f)— omit, insert— ‘(f) the following documents approved by the chief executive— (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with mining operations’. Editor’s note — A copy of each of the documents may be inspected at the department’s head office or on the department’s website.’. 8 Amendment of s 50 (Excavating in a watercourse, lake or spring—Act, s 814) Section 50(e)— omit, insert— ‘(e) the following documents approved by the chief executive— (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; 2008 SL No. 369 Page 7

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 9] (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with mining operations’.’. 9 Amendment of s 51 (Placing fill in a watercourse, lake or spring—Act, s 814) Section 51(e)— omit, insert— ‘(e) the following documents approved by the chief executive— (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with mining operations’.’. 10 Replacement of s 62 (Code for self-assessable development—Act, s 1014) Section 62— omit, insert— ‘62 Code for self-assessable development—Act, s 1014 ‘Each of the following codes is approved for carrying out self-assessable development that is operational work mentioned in the IntegratedPlanningAct1997 , schedule 8, part 2, table 4— (a) for item 1(a)—the ‘Self-assessable code for the development of riparian water access works on a watercourse, lake or spring’; (b) for item 1(b)(i)—the ‘Code for self-assessable development of operational works that interfere with water in a watercourse, lake or spring’; (c) for item 1(b)(ii)— Page 8 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 11] (i) the ‘Code for self-assessable development for taking overland flow water for stock and domestic purposes’; and (ii) the ‘Code for self-assessable development for taking overland flow water using limited capacity works’; and (iii) the ‘Code for self-assessable development for taking overland flow water to satisfy the requirements of an environmental authority or a development permit for carrying out an environmentally relevant activity’; (d) for item 1(b)(iii)— (i) the ‘Code for self-assessable development of bores identified in a water resource plan as self-assessable’; and (ii) the ‘Code for self-assessable development of replacement bores’. Editor’s note — Copies of the codes are available on the department’s website at < 11 Insertion of new s 62A After section 62— insert— ‘62A Accounting period—Act, sch 4, definition water year ‘(1) This section prescribes the accounting period for a resource operations plan, interim resource operations licence or water licence for schedule 4, definition water year , paragraph (a) if the accounting period for the plan or licence— (a) is not stated in the plan or licence; and (b) is not otherwise prescribed under this regulation. 2008 SL No. 369 Page 9

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 12] ‘(2) The accounting period for the resource operations plan, interim resource operations licence or water licence is from 1 July to 30 June in the following year.’. 12 Amendment of s 102 (Declared subartesian areas—Act, s 1046) Section 102— insert— ‘(1A) The exact location of the boundary for each subartesian area is held in digital electronic form by the department, and may be inspected at any of the department’s service centres. ‘(1B) Maps showing the approximate location of the boundary for each subartesian area can be accessed on the department’s website. Editor’s note — The department’s website address is < ‘(1C) The maps are not applied, adopted or incorporated by this regulation.’. 13 Amendment of s 109 (When conditions of supply contract do not apply—Act, s 1117A(2)) Section 109, ‘the Murgon Shire Council’— omit, insert— ‘South Burnett Regional Council’. 14 Amendment of sch 1 (Persons nominated for the Act, section 168) (1) Schedule 1, entry for Hervey Bay City Council— omit. (2) Schedule 1— Page 10 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 15] insert— ‘Fraser Coast Regional Council Lenthalls Dam Weirs 1 and 2 on Burrum River’. 15 Amendment of sch 2 (Entities—Act, sections 190, 193, 206 and 213) Schedule 2, after item 14— insert— ‘15 Body Corporate for Williams’ Retreat Community Titles Scheme CMS 23581 16 Body Corporate for Crystal Waters Permaculture Village Community Titles Scheme CMS 20926 17 Body Corporate for Sandalwoods Community Titles Scheme CMS 23452’. 16 Amendment of sch 3 (Transferring interim water allocations) (1) Schedule 3, item 2, column 1, ‘Mary River’— omit, insert— ‘Lower Mary River’. (2) Schedule 3, item 2, column 3, ‘on pages 19–20’— omit, insert— ‘in schedule 2.1’. 17 Amendment of sch 4 (Seasonal water assignments) Schedule 4, entries for Dumaresq River water management area, Eastern Downs groundwater management area and Fitzroy River Barrage water management area— omit. 2008 SL No. 369 Page 11

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 18] 18 Amendment of sch 6 (Water authorities) Schedule 6, entry for Warrubullen Drainage Board— omit. 19 Insertion of new sch 6A After schedule 6— insert— ‘Schedule 6A Employing offices for water authorities section 48A Water authority Employing office Callandoon Water Supply Board Gladstone Area Water Board Glamorgan Vale Water Board Merlwood Water Board Mount Isa Water Board North Burdekin Water Board Pioneer Valley Water Board Callandoon Water Supply Board Employing Office Gladstone Area Water Board Employing Office Glamorgan Vale Water Board Employing Office Merlwood Water Board Employing Office Mount Isa Water Board Employing Office North Burdekin Water Board Employing Office Pioneer Valley Water Board Employing Office Page 12 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 20] Water authority South Burdekin Water Board Yambocully Water Board Employing office South Burdekin Water Board Employing Office Yambocully Water Board Employing Office’. 20 Amendment of sch 8 (Downstream and upstream limits) Schedule 8, part 1— insert— ‘Burdekin River Point where a line extended as the northern projection of the common boundary between lot 7 on RP729555 and lot 105 on RP907581 intersects Burdekin River AP13539 Burdekin River Anabranch Point where a line projected in a north-easterly direction from a point located at UTM coordinates 554460E and 7832617N GDA94 intersects Burdekin River Anabranch AP13543 Haughton River Point where a line projected at a bearing of 90º from a point located at UTM coordinates 511765E and 7842737N GDA94 intersects Haughton River AP13544’. 21 Amendment of sch 10 (Water sharing rules) Schedule 10, entries for Dumaresq water management area and Fitzroy River Barrage water management area— omit. 2008 SL No. 369 Page 13

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 22] 22 Amendment of sch 10D (Water supply emergency response for outcomes) Schedule 10D, item 3, column 2, ‘Shire’— omit, insert— ‘City’. 23 Amendment of sch 11 (Subartesian areas) (1) Schedule 11, column 2, heading, ‘ Water entitlement not required ’— omit, insert— ‘ Water entitlement, water permit or seasonal water assignment notice not required ’. (2) Schedule 11, entry for Mount Isa subartesian area— omit. (3) Schedule 11— insert— ‘Upper Georgina subartesian area stock or domestic purposes stock or domestic purposes’. 24 Replacement of sch 12 (Failure impact rating) Schedule 12— omit, insert— ‘Schedule 12 Failure impact rating section 103 Page 14 2008 SL No. 369

‘Part 1 Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Unlicensed dams—Act, section 1067 Dam Location Category Atkinson Dam owned by SunWater, having a height of 9m and a storage capacity of 30400ML An offstream storage in the locality of Lowood, situated on lot 341 on plan CSH1945, Parish of England, County of Cavendish, in the Region of Somerset 1 Biggera Creek Flood Mitigation Dam owned by Gold Coast City Council, having a height of 15m and a storage capacity of 3700ML Biggera Creek in the locality of Labrador, situated on lot 1 on plan RP223934, Parish of Barrow, County of Ward, in the City of Gold Coast 1 Cedar Pocket Dam owned by SunWater, having a height of 20m and a storage capacity of 730ML Deep Creek (East) in the locality of Gympie, situated partly on lot 175 on plan MCH5537, Parish of Woondum, County of March, in the Region of Gympie 1 Cooby Creek Dam owned by Toowoomba Regional Council, having a height of 30m and a storage capacity of 23100ML Cooby Creek in the locality of Toowoomba, situated on lot 730 on plan AG4171, Parish of Douglas, County of Aubigny, in the Region of Toowoomba 1 2008 SL No. 369 Page 15

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category Cressbrook Creek Dam owned by Toowoomba Regional Council, having a height of 59m and a storage capacity of 83000ML Cressbrook Creek in the locality of Ravensbourne, situated on lot 58 on plan CSH2241, Parish of Deongwar, County of Cavendish, in the Region of Somerset 1 Eungella Dam owned by SunWater, having a height of 49m and a storage capacity of 112400ML Broken River in the locality of Eungella, situated partly on lot 109 on plan HLN198, Parish of Eungella, County of Hillalong, in the Region of Mackay 1 Gordonbrook Dam owned by South Burnett Regional Council, having a height of 21m and a storage capacity of 6500ML Stuart River in the locality of Kingaroy, situated on lot 467 on plan FY838992, Parish of Wooroolin, County of Fitzroy, in the Region of South Burnett 1 Julius Dam owned by SunWater, having a height of 38m and a storage capacity of 107500ML Leichhardt River in the locality of Mount Isa, situated on lot 10 on plan CP891285, Parish of Candover, County of Tewinga, in the City of Mount Isa 1 Little Nerang Dam owned by Gold Coast City Council, having a height of 44m and a storage capacity of 8400ML Little Nerang Creek in the locality of Neranwood, situated on lot 231 on plan SP123096, Parish of Numinbah, County of Ward, in the City of Gold Coast 1 Page 16 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category Paluma Dam owned by NQ Water ABN 94 205 904 709, having a height of 20m and a storage capacity of 11800ML Swamp Creek in the locality of Paluma, situated partly on lot 9 on plan W8269, Parish of Waterview, County of Cardwell, in the City of Townsville 1 Perseverance Creek Dam owned by Toowoomba Regional Council, having a height of 53m and a storage capacity of 30900ML Perseverance Creek in the locality of Crows Nest, situated on lot 182 on plan CSH1817, Parish of Crows Nest, County of Cavendish, in the Region of Toowoomba 1 Rosewood Detention Basin owned by Ipswich City Council, having a height of 9.7m and a storage capacity of 2ML An offstream storage in the locality of Rosewood, situated on lot 2 on plan SP140742, Parish of Walloon, County of Churchill, in the City of Ipswich 1 Wuruma Dam owned by SunWater, having a height of 44m and a storage capacity of 165400ML Nogo River in the locality of Eidsvold, situated partly on lot 86 on plan RW752, Parish of Culcraigie, County of Rawbelle, in the Region of North Burnett 1 Awoonga Dam owned by Gladstone Area Water Board ABN 88 409 667 181, having a height of 58m and a storage capacity of 777000ML Boyne River in the locality of Gladstone, situated partly on lot 90 on plan CTN1668, Parish of Riverston, County of Clinton, in the Region of Gladstone 2 2008 SL No. 369 Page 17

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category Bill Gunn Dam owned by SunWater, having a height of 18m and a storage capacity of 6940ML An offstream storage in the locality of Laidley, situated on lot 132 on plan SP104150, Parish of Laidley, County of Churchill, in the Region of Lockyer Valley 2 Bjelke-Petersen Dam owned by SunWater, having a height of 34m and a storage capacity of 134900ML Barker Creek in the locality of Murgon, situated partly on lot 13 on plan SP104351, Parish of Barambah, County of Fitzroy, in the Region of South Burnett 2 Boondooma Dam owned by SunWater, having a height of 63m and a storage capacity of 204200ML Boyne River in the locality of Proston, situated partly on lot 12 on plan SP107476, Parish of Okenden, County of Boondooma, in the Region of South Burnett 2 Borumba Dam owned by SunWater, having a height of 43m and a storage capacity of 46000ML Yabba Creek in the locality of Imbil, situated partly on lot 20 on plan LX2359, Parish of Yabba, County of Lennox, in the Region of Gympie 2 Burdekin Falls Dam owned by SunWater, having a height of 55.0m and a storage capacity of 1860000ML Burdekin River in the locality of Ravenswood, situated partly on lot 14 on plan MRY52, Parish of Graham, County of Murray, in the Region of Charters Towers 2 Page 18 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category Callide Dam owned by SunWater, having a height of 37m and a storage capacity of 136300ML Callide Creek in the locality of Biloela, situated partly on lot 43 on plan RN1261, Parish of Thalberg, County of Raglan, in the Shire of Banana 2 Cania Dam owned by SunWater, having a height of 54m and a storage capacity of 88500ML Three Moon Creek in the locality of Monto, situated partly on lot 17 on plan RW861, Parish of Cania, County of Rawbelle, in the Region of North Burnett 2 Clarendon Dam owned by SunWater, having a height of 13.1m and a storage capacity of 24300ML An offstream storage in the locality of Gatton, situated partly on lot 45 on plan SP104159, Parish of Clarendon, County of Cavendish, in the Region of Lockyer Valley 2 Coolmunda Dam owned by SunWater, having a height of 18m and a storage capacity of 69000ML Macintyre Brook in the locality of Inglewood, situated on lot 128 on plan BNT1468, Parish of Coolmunda, County of Bentinck, in the Region of Goondiwindi 2 Copperlode Falls Dam owned by Cairns Regional Council, having a height of 43m and a storage capacity of 45560ML Freshwater Creek in the locality of Cairns, situated on lot 50 on plan NR6547, Parish of Dinden, County of Nares, in the Region of Cairns 2 2008 SL No. 369 Page 19

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category EJ Beardmore Dam owned by SunWater, having a height of 15.2m and a storage capacity of 81700ML Enoggera Dam owned by Brisbane City Council, having a height of 23.5m and a storage capacity of 4500ML Fairbairn Dam owned by SunWater, having a height of 46m and a storage capacity of 1301000ML Fred Haigh Dam owned by SunWater, having a height of 49m and a storage capacity of 562000ML Kinchant Dam owned by SunWater, having a height of 22m and a storage capacity of 62800ML Balonne River in the locality of St George, situated partly on lot 21 on plan CP861683, Parish of Wagoo, County of Cogoon, in the Shire of Balonne 2 Enoggera Creek in the locality of The Gap, situated on lot 130 on plan SL8167, Parish of Enoggera, County of Stanley, in the City of Brisbane 2 Nogoa River in the locality of Emerald, situated partly on lot 10 on plan DNS734, Parish of Gindie, County of Denison, in the Region of Central Highlands 2 Kolan River in the locality of Gin Gin, situated partly on lot 46 on plan BON1395, Parish of Kolonga, County of Bowen, in the Region of Bundaberg 2 Sandy Creek (North Branch) in the locality of North Eton, situated partly on lot 66 on plan CI4517, Parish of Abingdon, County of Carlisle, in the Region of Mackay 2 Page 20 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category Kroombit Dam owned by SunWater, having a height of 23.5m and a storage capacity of 14600ML Kroombit Creek in the locality of Biloela, situated on lot 30 on plan CP908407, Parish of Callide, County of Raglan, in the Shire of Banana 2 Lake MacDonald Dam owned by Sunshine Coast Regional Council, having a height of 12m and a storage capacity of 8000ML Six Mile Creek in the locality of Cooroy, situated partly on lot 118 on plan MCH814, Parish of Tewantin, County of March, in the Region of Sunshine Coast 2 Leslie Dam owned by SunWater, having a height of 33m and a storage capacity of 106200ML Sandy Creek in the locality of Warwick, situated partly on lot 552 on plan RP804593, Parish of Warwick, County of Merivale, in the Region of Southern Downs 2 Maroon Dam owned by SunWater, having a height of 46.3m and a storage capacity of 44300ML Burnett Creek in the locality of Boonah, situated partly on lot 113 on plan WD4311, Parish of Melcombe, County of Ward, in the Region of Scenic Rim 2 Moogerah Dam owned by SunWater, having a height of 38m and a storage capacity of 83700ML Reynolds Creek in the locality of Kalbar, situated on lot 226 on plan RP215404, Parish of Clumber, County of Churchill, in the Region of Scenic Rim 2 2008 SL No. 369 Page 21

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category North Pine Dam owned by South East Queensland Water Corporation Ltd ABN 14 088 729 766, having a height of 46m and a storage capacity of 215000ML North Pine River in the locality of Whiteside, situated partly on lot 2 on plan RP214896, Parish of Warner, County of Stanley, in the Region of Moreton Bay 2 Peter Faust Dam owned by SunWater, having a height of 51m and a storage capacity of 491400ML Proserpine River in the locality of Proserpine, situated partly on lot 16 on plan CP852395, Parish of Proserpine, County of Herbert, in the Region of Whitsunday 2 Ross River Dam owned by NQ Water ABN 94 205 904 709, having a height of 33m and a storage capacity of 210000ML Ross River in the locality of Townsville, situated partly on lot 1 on plan RP742611, Parish of Ross, County of Elphinstone, in the City of Townsville 2 Somerset Dam owned by South East Queensland Water Corporation Ltd ABN 14 088 729 766, having a height of 50m and a storage capacity of 369000ML Stanley River in the locality of Somerset Dam, situated partly on lot 35 on plan CG2149, Parish of Bowman, County of Canning, in the Region of Somerset 2 Teemburra Dam owned by SunWater, having a height of 56m and a storage capacity of 147500ML Teemburra Creek in the locality of Mirani, situated partly on lot 30 on plan CP908406, Parish of Mia Mia, County of Carlisle, in the Region of Mackay 2 Page 22 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 24] Dam Location Category Tinaroo Falls Dam owned by SunWater, having a height of 42m and a storage capacity of 438900ML Barron River in the locality of Atherton, situated partly on lot 107 on plan SP107453, Parish of Dimbulah, County of Nares, in the Region of Tablelands 2 Wivenhoe Dam owned by South East Queensland Water Corporation Ltd ABN 14 088 729 766, having a height of 59m and a storage capacity of 1150000ML Brisbane River in the locality of Fernvale, situated partly on lot 242 on plan SL12236, Parish of Wivenhoe, County of Cavendish, in the Region of Somerset 2 ‘Part 2 Licensed dams—Act, section 1068 Dam Location Category Lake Mitchell Dam owned by Southedge Daintree Pastoral Company Pty Ltd ABN 86 009 853 418, having a height of 16.5m and a storage capacity of 190000ML, licence no. 36497K Mitchell River in the locality of Mareeba, situated partly on lot 8 on plan DA362, Parish of Mar, County of Dagmar, in the Region of Tablelands 1 2008 SL No. 369 Page 23

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 25] Dam Location Category Leichhardt River Dam owned by Mount Isa Mines Limited ABN 87 009 661 447, having a height of 27.5m and a storage capacity of 103046ML, licence no. 10435WJ Rifle Creek Dam owned by Mount Isa Mines Limited ABN 87 009 661 447, having a height of 18m and a storage capacity of 9488ML, licence no. 43835J Splityard Creek Dam owned by Tarong Energy Corporation Ltd ABN 52 078 848 736, having a height of 76m and a storage capacity of 28700ML, licence no. 0110885C McKinnon Creek Flood Detention Dam owned by Cairns Regional Council, having a height of 8.8m and a storage capacity of 160ML, licence no. 101475 Leichhardt River in the locality of Mount Isa, situated on ML8058, in the City of Mount Isa 1 Rifle Creek in the locality of Mount Isa, situated on ML8058, in the Shire of Cloncurry 1 Pryde Creek in the locality of Fernvale, situated partly on lot 33 on plan CP818429, Parish of Burnett, County of Stanley, in the Region of Somerset 1 McKinnon Creek in the locality of Edmonton, situated partly on lot 500 on plan RP887878, Parish of Grafton, County of Nares, in the Region of Cairns 2’. 25 Amendment of sch 14 (Water charges) (1) Schedule 14— Page 24 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 2 Amendment of Water Regulation 2002 [s 26] insert— ‘Border Rivers water management area 30 September Water harvesting—$3.52 for each megalitre’. (2) Schedule 14, entry for Boyne River water management area, column 1, ‘Boyne River’— omit, insert— ‘Boyne and Stuart Rivers’. (3) Schedule 14, entry for Dawson River water management area, column 1, ‘River’— omit, insert— ‘Valley’. (4) Schedule 14, entry for Dumaresq River water management area, column 3, ‘Water harvesting—$3.52 for each megalitre’— omit. (5) Schedule 14, entry for Fitzroy River Barrage water management area, column 1, ‘River Barrage’— omit. 26 Amendment of sch 15A (Metered entitlements) Schedule 15A— insert— ‘Boyne and Stuart Rivers water management area of the ‘Burnett Basin Resource Operations Plan 2008’ All water licences, other than licences for stock or domestic purposes only Eastern Downs management area Water licence 100875 under the Water Resource (Great Artesian Basin) Plan 2006 2008 SL No. 369 Page 25

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 3 Amendment of Fisheries Regulation 2008 [s 27] Six Mile Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006 The plan area of the Water Resource (Calliope River Basin) Plan 2006 All water licences, other than licences for stock or domestic purposes only All water licences, other than licences for stock or domestic purposes only’. Part 3 Amendment of Fisheries Regulation 2008 27 Regulation amended in pt 3 This part amends the Fisheries Regulation 2008. 28 Amendment of s 704 (Codes for operational work for constructing or raising a waterway barrier works) (1) Section 704(a), ‘on low order inland waterways’— omit. (2) Section 704(b)— omit, insert— ‘(b) the document called ‘Code for self-assessable development—Temporary waterway barrier works’; (c) the document called ‘Code for self-assessable development—Regularly constructed temporary waterway barrier works’.’. 29 Amendment of s 706 (Codes for operational work that is the removal, destruction or damage of marine plants) (1) Section 706— insert— Page 26 2008 SL No. 369

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 4 Amendment of River Improvement Trust Regulation 1998 [s 30] ‘(ea) the document called ‘Code for self-assessable development—Temporary waterway barrier works’; (eb) the document called ‘Code for self-assessable development—Regularly constructed temporary waterway barrier works’.’. (2) Section 706(ea) to (f)— renumber as section 706(f) to (h). Part 4 Amendment of River Improvement Trust Regulation 1998 30 Regulation amended in pt 4 This part amends the RiverImprovementTrustRegulation 1998. 31 Insertion of new s 3B After section 3A— insert— ‘3B Changes to Boonah Shire River Improvement Area and Boonah Shire River Improvement Trust ‘(1) The Boonah Shire River Improvement Area is changed by adding the local government area of the Scenic Rim Regional Council, other than the part of the area that was, immediately before 15 March 2008, the local government area of the Boonah Shire Council. ‘(2) The name of the Boonah Shire River Improvement Area is changed to the Scenic Rim Rivers Improvement Area. 2008 SL No. 369 Page 27

Water and Other Legislation Amendment Regulation (No. 2) 2008 Part 4 Amendment of River Improvement Trust Regulation 1998 [s 32] ‘(3) The name of the trust constituted for the Boonah Shire River Improvement Area is changed to the Scenic Rim Rivers Improvement Trust. ‘(4) From the commencement of this section— (a) a reference in an Act or document to the Boonah Shire River Improvement Area is a reference to the Scenic Rim Rivers Improvement Area; and (b) a reference in an Act or document to the Boonah Shire River Improvement Trust is a reference to the Scenic Rim Rivers Improvement Trust.’. 32 Amendment of schedule (River improvement areas and trusts continued in existence) (1) Schedule, entry for Boonah Shire River Improvement Area— omit. (2) Schedule— insert— ‘Scenic Rim Rivers Improvement Area Scenic Rim Rivers Improvement Trust the local government area of the Scenic Rim Regional Council’. ENDNOTES 1 Made by the Governor in Council on 6 November 2008. 2 Notified in the gazette on 7 November 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources and Water. © State of Queensland 2008 Page 28 2008 SL No. 369