Water Regulation 2002 (QLD)

Water Regulation 2002

Part 1    Preliminary

Division 1 Introduction

1   Short title

This regulation may be cited as the Water Regulation 2002.

Editor’s note—

A copy of a map or plan mentioned in this regulation may be inspected at the department’s head office in Brisbane or on the department’s website.

2   Commencement

(1)Sections 58–60, 74, 75(d) and (e), schedule 3, item 2, and schedule 14 commence on 30 June 2002.

(2)The remaining provisions of this regulation commence on 19 April 2002.

3   Definitions

The dictionary in schedule 17 defines particular words used in this regulation.

Division 2 Watercourse identification and outer bank location

Subdivision 1 Preliminary

3A   Purpose of div 2

The purpose of this division is to support the application of the provisions of the Act relating to the identification of watercourses and establishing the location of outer banks of watercourses.

3AB   Meaning of terms used in div 2

(1)If a term used in this division is defined in chapter 1, part 2 of the Act, or in schedule 4 of the Act to the extent it supports the operation of chapter 1, part 2 of the Act, the term has the same meaning in this division and in schedule 1AA.

(2)However, a reference to a watercourse is not intended to be limited in the way provided for in section 5(4) of the Act.

Subdivision 2 Supporting provisions

3AC   Diagram depicting different valley reaches

Diagram A in schedule 1AA, part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.

3AD   Explanations and accompanying cross-section diagrams for typical upper valley reach

Schedule 1AA, part 2—

(a)gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and

(b)includes a diagram (diagram B) in cross-section form that depicts the natural features that are likely to be found in a typical upper valley reach; and

(c)includes a diagram (diagram C) that depicts the natural features that are likely to be found in a typical watercourse in an upper valley reach and that can help in locating outer banks.

3AE   Explanations and accompanying cross-section diagrams for typical middle valley reach

Schedule 1AA, part 3—

(a)gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and

(b)includes a diagram (diagram D) in cross-section form that depicts the natural features that are likely to be found in a typical middle valley reach; and

(c)includes a diagram (diagram E) that depicts the natural features that are likely to be found in a typical watercourse in a middle valley reach and that can help in locating outer banks.

3AF   Explanations and accompanying cross-section diagrams for typical lower valley reach

(1)Schedule 1AA, part 4—

(a)gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and

(b)includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and

(c)includes a diagram (diagram G) that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks.

(2)Schedule 1AA, part 4 also includes—

(a)a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and

(b)a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment.

3AG   Additional information about applicability of cross-section diagrams

(1)For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1AA, parts 2, 3 and 4.

Example—

The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section.

(2)Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located.

3AH   Explanation about valley margins

(1)Schedule 1AA includes a number of references to valley margins.

(2)A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor.

(3)A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole.

Example—

A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge.

3AI   Explanation about terraces

(1)Schedule 1AA includes a number of references to terraces.

(2)A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse.

(3)A terrace is formed when floodplains are abandoned during down cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.

Part 2    Allocation and sustainable management

Division 1 Authorised taking of, or interference with, water without water entitlement

3B   Prescribed activities for general authorisation to take water

The activities mentioned in schedule 1 are prescribed for section 20(2)(a) of the Act.

3C   [Repealed]

3CAA   [Repealed]

Division 1A [Repealed]

3CA   [Repealed]

3D   [Repealed]

Division 1B Implementing water resource plans

3E   Water allocations register—Act, s 127

(1)If the water sharing rules for a water allocation managed under a resource operations plan are stated to be continuous sharing rules in the plan, the nominal location for the allocation must be stated on the entry on the water allocations register for the allocation.

(2)In this section—

nominal location, for a water allocation, means the location from which water may be taken on the day the continuous sharing rules first apply to the water allocation.

4   Locations of offices of the registry—Act, s 148

(1)Documents may be lodged—

(a)at the Brisbane office of the registry during business hours; and

(b)at other offices of the registry at the times decided by the chief executive.

(2)The chief executive must advertise in the local area the times when an office of the registry mentioned in subsection (1)(b) accepts documents.

5   Documents that may be lodged in the registry—Act, s 148

(1)This section applies to a document to be lodged in the registry.

(2)The Land Title Regulation 2015, section 5 applies to the document as if—

(a)a reference in that section to a form were a reference to the document; and

(b)a reference in that section to the land registry were a reference to the registry.

Division 1C Processes for releasing unallocated water

5A   Public auction, tender, fixed price sale or grant for a particular purpose—Act, s 1014(2)(gb)

This division prescribes the processes for releasing unallocated water by—

(a)public auction; or

(b)tender; or

(c)fixed price sale; or

(d)grant for a particular purpose.

5B   Public notice of availability of water

(1)The chief executive must publish a notice about the availability of the water by auction or tender.

(2)The notice must be published before—

(a)the day the auction is held; or

(b)the start of the period in which tenders may be made.

(3)The notice must state the following—

(a)whether the water is being sold by public auction or tender;

(b)the type of water entitlement to be granted for the sale;

(c)details as follows for identifying the water—

(i)any water resource plan or resource operations plan under which the water is available;

(ii)the purpose for which the water is available;

(d)other details, if any, sufficient to identify the water, including, for example—

(i)the volume of water available to be sold; and

(ii)the location from which the water may be taken;

(e)for an auction—where and when the auction is to be held;

(f)for a tender—

(i)the day (the closing day) by which tenders must be made; and

(ii)the place where tenders must be lodged or the way tenders must be lodged electronically;

(g)where the terms of sale are available;

(h)anything else relating to the proposed sale the chief executive considers appropriate.

(4)The chief executive may publish a notice about the availability of the water by fixed price sale.

5C   Terms of sale or grant

The chief executive may decide the terms—

(a)of a sale of water under this division; or

(b)for granting water for a particular purpose under this division.

5D   Failure to complete purchase

(1)This section applies if—

(a)a person enters into an agreement under this division to purchase water; and

(b)the person does not complete the purchase in accordance with the terms of sale.

(2)Any deposit paid by the person is forfeited to the State and the State may otherwise deal with the water under this division.

5E   Selling water after auction or tender process

If the water is not sold under an auction or tender process, the State may sell all or part of the water on the terms decided by the chief executive.

5F   Sale of water may be withdrawn

(1)The chief executive may withdraw a sale under this division of all or part of the water—

(a)for a sale by auction—

(i)before the auction; or

(ii)if the water is not sold at the auction, after the auction; or

(b)for a sale by tender—before the closing day for the tender; or

(c)for a fixed price sale—before an agreement is entered into under this division for the sale.

(2)If a sale is withdrawn under subsection (1)(a) or (b), the chief executive must publish a notice about the withdrawal.

5G   [Repealed]

5H   [Repealed]

5I   [Repealed]

5J   [Repealed]

5K   [Repealed]

Division 2 Interim allocation and management arrangements

6   [Repealed]

7   Entities—Act, ss 190 and 193

For sections 190(d)(vii) and 193(1)(e) of the Act, the entities are in schedule 2.

8   [Repealed]

9   [Repealed]

10   [Repealed]

11   [Repealed]

12   [Repealed]

13   [Repealed]

13A   [Repealed]

13B   [Repealed]

13C   [Repealed]

13D   [Repealed]

13E   [Repealed]

Division 3 Water licences

14   Entities—Act, ss 206 and 213

For sections 206(4)(i) and 213(1)(e)(ix) of the Act, the entities are in schedule 2.

14A   Water licence fee

(1)The water licence fee mentioned in schedule 16, item 44 is payable for a water licence, other than the following—

(a)a water licence only to take supplemented water;

(b)a water licence to take water for stock or domestic purposes, unless the licence is for taking underground water for stock or domestic purposes from the Great Artesian Basin.

(2)The water licence fee for a water licence—

(a)is payable for each year the licence is in force; and

(b)must be paid within the period stated in a notice given to the licensee under subsection (3).

(3)The chief executive must give the licensee a notice stating—

(a)the amount of the water licence fee and the period to which it relates; and

(b)the period, of at least 20 business days after the notice is given, in which the fee must be paid.

15   Seasonal water assignments and rules—Act, s 230

(1)Seasonal water assignments are allowed in a water management area, or a part of the area, mentioned in schedule 4, column 1, for a water licence mentioned for the area in column 2.

(2)The seasonal water assignment rules for a water management area, or a part of the area, are stated, for the area, in column 3.

Editor’s note—

A copy of seasonal water assignment rules mentioned in schedule 4 may be obtained from the department’s regional office for the area to which the rules relate.

Division 3A Transfer, amendment or amalgamation of water licences—Act, s 223

Subdivision 1 Particular water licences may be transferred etc.

15AA   Particular water licences may be transferred, amended or amalgamated

(1)This section applies to a water licence for the taking of water from a location in a relevant water management area.

(2)All or part of the licence may be—

(a)if the licence attaches to land—transferred so that the whole or the part attaches to other land, whether in or outside Queensland; or

(b)transferred to a prescribed person within the meaning of section 223(5) of the Act; or

(c)amended to change the location from which the water may be taken or the purpose for which the water may be taken; or

(d)amalgamated with another licence held or to be held by the transferee.

(3)In this section—

relevant water management area means a water management area—

(a)declared by the chief executive under section 56(1); and

(b)for which water sharing rules for the taking of water from the area allow for the transfer, amendment or amalgamation of all or part of a water licence.

Editor’s notes—

1A list of relevant water management areas is available on the department’s website at < copy of the water sharing rules for taking water from a water management area may be obtained from the department’s regional office for the area.

15AB   [Repealed]

15AC   [Repealed]

15AD   [Repealed]

15AE   [Repealed]

15AF   [Repealed]

15AG   [Repealed]

15AH   [Repealed]

Subdivision 2 Process for dealing with application

15A   Purpose of sdiv 2

(1)This subdivision states the process for dealing with an application for the transfer, amendment or amalgamation of an original licence.

(2)Each of the following water licences, for taking water, is an original licence—

(a)a licence to which section 15AA applies;

(b)a licence if, under a resource operations plan, there may be a transfer, amendment or amalgamation of all or part of the licence.

15B   Definitions for sdiv 2

In this subdivision—

amalgamation, in relation to an original licence, means amalgamation of the original licence with another water licence held or to be held by the transferee.

amendment, in relation to an original licence, means amendment of the original licence to change the location from which water may be taken or the purpose for which water may be taken.

new licence means the water licence that the chief executive may issue under this subdivision after a transfer, amendment or amalgamation of the original licence.

original licence see section 15A(2).

transfer, in relation to an original licence, means a transfer of the original licence—

(a)if the original licence attaches to land—so that the original licence attaches to other land, whether in or outside Queensland; or

(b)to a prescribed person within the meaning of section 223(5) of the Act.

transfer notice see section 15G(2).

15C   Application to transfer, amend or amalgamate water licences

(1)A person may, in relation to an original licence, apply to the chief executive for a transfer, amendment or amalgamation.

(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)for a transfer or amalgamation—made jointly by the following—

(i)the holder of the original licence;

(ii)the proposed transferee.

(3)The application must—

(a)state each of the following—

(i)details of the original licence;

(ii)if the original licence, or part of the licence, is to be amalgamated with the transferee’s water licence—details of the transferee’s licence;

(iii)the purpose for which the water will be taken under the new licence;

(iv)details of the location of the proposed taking of water under the new licence;

(v)the volume of water proposed to be taken under the new licence; and

(b)be accompanied by—

(i)a statutory declaration by the holder of the original licence that each person (an interested entity) who has a financial or other interest in the land of the holder for which the licence is held has been given notice of the proposed transfer, amendment or amalgamation; and

(ii)the written consent of each interested entity to the proposed transfer, amendment or amalgamation; and

(iii)the application fee.

(4)The application can be for 1 or more transfers, amendments or amalgamations.

15D   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.

15E   Criteria for deciding application

(1)In deciding whether to approve the application, the chief executive must consider—

(a)any additional information given about the application; and

(b)each of the following that apply to the original licence the subject of the application—

(i)a water resource plan;

(ii)a resource operations plan, including, in particular, the rules stated in the plan for transferring, amending or amalgamating water licences;

(iii)water sharing rules, to the extent the rules are about transferring, amending or amalgamating water licences.

(2)Subsection (1) does not limit the matters the chief executive may consider.

15F   Deciding application

(1)After considering the matters mentioned in section 15E, the chief executive may—

(a)refuse the application; or

(b)approve the application with or without conditions.

(2)The chief executive must, within 10 business days after deciding the application, give the applicant notice of the decision.

Note—

See section 205 of the Act for the circumstances in which the chief executive is required to give either an information notice or a notice stating the decision and the reasons for the decision.

15G   Intention to proceed

(1)This section applies if the applicant—

(a)is given an information notice for the decision; and

(b)is eligible to proceed with the transfer, amendment or amalgamation; and

(c)intends to proceed with the transfer, amendment or amalgamation.

(2)The applicant must give the chief executive notice in the approved form (a transfer notice) within 30 business days after—

(a)if the applicant appeals against the decision—the day the appeal is finally decided; or

(b)otherwise—the day the applicant receives the information notice.

(3)For subsection (1)(b), the applicant is eligible to proceed with the transfer, amendment or amalgamation if—

(a)the chief executive has approved the application with or without conditions; or

(b)the applicant appeals against the decision and the decision is confirmed, amended or substituted so that the application is approved with or without conditions.

15H   Completion of transfer, amendment or amalgamation

(1)This section applies if the chief executive—

(a)gives the applicant notice of the decision, other than an information notice; or

(b)receives a transfer notice within the period mentioned in section 15G(2).

(2)The chief executive may require the proposed transferee to give a document evidencing ownership of land to which the new licence will attach.

(3)The chief executive must cancel, amend or subdivide the original licence, or issue a new licence, necessary to give effect to the transfer, amendment or amalgamation within 30 business days after—

(a)if the chief executive has, under subsection (2), required the proposed transferee to give a document—the day the chief executive receives the document; or

(b)if the chief executive receives a transfer notice—the day the chief executive receives the notice; or

(c)otherwise—the day the chief executive gives notice of the decision under section 15F(2).

Division 4 [Repealed]

16   [Repealed]

Division 5 Quarry materials

17   Royalty for State quarry material—Act, s 292

(1)The rate at which royalty is payable under the Act is stated in schedule 15.

(2)However, no royalty is payable for State quarry material removed under an allocation notice if the chief executive of a department issues a certificate stating that the material was supplied to the department for the department’s use.

Division 6 Water bore drillers

18   Classes of licence—Act, s 299

(1)For section 299(2)(b) of the Act, the following are the classes of water bore driller’s licences—

(a)class 1 water bore driller’s licence;

(b)class 2 water bore driller’s licence;

(c)class 3 water bore driller’s licence.

(2)A class 1 licence authorises the licence holder to carry out drilling activities in single subartesian aquifer systems.

(3)A class 2 licence authorises the licence holder to carry out drilling activities in all subartesian aquifer systems.

(4)A class 3 licence authorises the licence holder to carry out drilling activities in all subartesian and artesian aquifer systems.

19   Water bore driller’s licence endorsements—Act, s 299

(1)For section 299(2)(c) of the Act, the following are the water bore driller’s licence endorsements—

(a)cable tool;

(b)auger;

(c)rotary air;

(d)rotary mud;

(e)non-drilling rig;

(f)sonic.

(2)A cable tool endorsement authorises drilling activities using cable tool or cable percussion drilling methods.

(3)An auger endorsement authorises drilling activities using bucket auger, hollow stem auger or solid stem auger methods.

(4)A rotary air endorsement authorises drilling activities using rotary drilling methods with air as the drilling fluid.

(5)A rotary mud endorsement authorises drilling activities using rotary drilling methods with water as the drilling fluid or as the base for the drilling fluid.

(6)A non-drilling rig endorsement authorises water bore activities using non-drilling rig methods including spear point construction, hand digging and the use of excavators or backhoes for the construction of wells, excavations and galleries.

(7)A sonic endorsement authorises drilling activities using sonic drilling methods.

20   Qualifications or experience for class 1 licence—Act, s 299

(1)For section 299(2)(d) of the Act, the qualifications or experience for a class 1 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 1 water bore driller’s licence, granted by the entity that administers the licensing of water bore drillers in another State; or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 1 licence module and the drilling method endorsement module of the examinations conducted by the Australian Drilling Industry Training Committee (ADITC) for any endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)successful completion of the Drilling Industry Certification and Training Course (the DICAT course) conducted by ADITC or another course considered equivalent by the chief executive; and

(B)employment in the operation of a drilling machine under the direct supervision of a licensed water bore driller for at least 6 months during which at least 6 bores were drilled; or

(ii)employment in the operation of a drilling machine under the direct supervision of a licensed water bore driller for at least 12 months during which at least 6 bores were drilled; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 12 months during which at least 6 bores that intersect underground water were drilled; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 12 months during which at least 6 bores that intersect underground water were drilled; and

(d)successful completion of the class 1 water bore driller’s licence examination prepared by the National Uniform Driller’s Licensing Committee and administered by the department.

21   Qualifications or experience for class 2 licence—Act, s 299

(1)For section 299(2)(d) of the Act, the qualifications or experience for a class 2 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 2 water bore driller’s licence, granted by the entity that administers the licensing of water bore drillers in another State; or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 2 licence module and the drilling method endorsement module of the examinations conducted by ADITC for any endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)employment as a licensed class 1 driller for at least 12 months; and

(B)drilling at least 6 bores including, under the direct supervision of the holder of a class 2 licence, at least 3 bores for which a class 2 licence is required (a class 2 bore); or

(ii)both—

(A)successful completion of the DICAT course or another course considered equivalent by the chief executive; and

(B)employment in the operation of a drilling machine under the direct supervision of a licensed water bore driller for at least 6 months during the drilling of at least 6 class 2 bores drilled under the direct supervision of the holder of a class 2 licence; or

(iii)employment in the operation of a drilling machine under the direct supervision of a licensed water bore driller for at least 12 months during the drilling of at least 6 bores for which a class 1 licence is required and at least 3 class 2 bores drilled under the direct supervision of the holder of a class 2 licence; or

(iv)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 12 months during which at least 9 bores that intersect multiple aquifer systems were drilled; or

(v)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 12 months during which at least 9 bores that intersect multiple aquifer systems were drilled; and

(d)successful completion of the class 2 water bore driller’s licence examination prepared by the National Uniform Driller’s Licensing Committee and administered by the department.

22   Qualifications or experience for class 3 licence—Act, s 299

(1)For section 299(2)(d) of the Act, the qualifications or experience for a class 3 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 3 water bore driller’s licence, granted by the entity that administers the licensing of water bore drillers in another State; or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 3 licence module and the drilling method endorsement module of the examinations conducted by ADITC for any endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)employment as a licensed class 2 driller, or in the operation of a drilling machine under the direct supervision of the holder of a class 3 licence, for at least 24 months; and

(B)drilling at least 6 class 2 bores and, under the direct supervision of the holder of a class 3 licence, at least 3 bores for which a class 3 licence is required (a class 3 bore); or

(ii)all of the following—

(A)successful completion of the DICAT course or another course considered equivalent by the chief executive;

(B)employment as a licensed class 2 driller, or in the operation of a drilling machine under the direct supervision of the holder of a class 3 licence, for at least 12 months;

(C)drilling at least 6 class 2 bores and, under the direct supervision of the holder of a class 3 licence, at least 3 class 3 bores; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 24 months during which at least 9 bores that intersect artesian water were drilled; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 24 months during which at least 9 bores that intersect artesian water were drilled; and

(d)successful completion of the class 3 water bore driller’s licence examination prepared by the National Uniform Driller’s Licensing Committee and administered by the department.

(3)In this section—

class 2 bore see section 21(2)(c)(i)(B).

23   Conditions of water bore driller’s licence—Act, s 302

For section 302(1)(a) of the Act, the following are the conditions for a water bore driller’s licence—

(a)water bore drilling activities that tap an aquifer in the sediments of an artesian basin must be carried out in accordance with ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’, published on the department’s website;

(b)other water bore drilling activities must be carried out in accordance with ‘Minimum construction requirements for water bores in Australia’, published on the department’s website;

(c)if a development approval or compliance permit under the Sustainable Planning Act 2009 is required to carry out particular water bore drilling activities, the licence holder must see the approval or permit and carry out the activities in accordance with the approval or permit;

(d)self-assessable development that is operational work mentioned in the Sustainable Planning Regulation 2009, schedule 3, part 2, table 4, item 1(b)(ii), must be carried out in accordance with the code approved for the development under section 62;

(e)the licence has effect for a period of 10 years.

Editor’s notes—

1The department’s website is < copy of a document mentioned in paragraph (a) or (b) may also be obtained from the department’s head office in Brisbane.

24   Records of water bores drilled—Act, s 313

For section 313(1) of the Act, the following is the information required to be kept about each water bore drilling activity—

(a)the name and address of the owner of the land on which the activity is being carried out;

(b)the location of the activity;

(c)the name and water bore driller’s licence number of the driller performing the work;

(d)the drilling method used;

(e)the dates the water bore drilling activity started and finished;

(f)details of the following—

(i)the strata drilled;

(ii)water produced by the strata, including the volume and quality of the water, the depth at which it is struck and the depth to which it rises naturally;

(iii)the bore hole diameter;

(iv)the type and diameter of the bore casing;

(v)the diameter and location of the bore hole cementing;

(vi)the number and size of the slots or perforations in the casing, or screens installed, for water entry;

(g)an estimation of the rate at which water may be produced from the bore.

Part 2A    Annual levy for underground water management—Act, section 479

Division 1 Preliminary

24A   [Repealed]

24B   [Repealed]

24C   [Repealed]

24D   [Repealed]

24E   Purpose and explanation of pt 2A

(1)This part provides for an annual levy under section 479 of the Act to fund the performance of the office’s functions under the Act.

(2)This part provides for the apportionment of the total annual levy payable by all petroleum tenure holders to classes of petroleum tenure holders according to the proportion of the office’s estimated costs attributable to the sub-blocks in the areas of petroleum tenures held by the holders.

(3)This part provides for the apportionment mentioned in subsection (2) by—

(a)identifying the sub-blocks for which the office carries out functions under the Act (which are called ‘relevant sub-blocks’), and classes of relevant sub-blocks (see section 24H); and

(b)providing for the apportionment of the office’s estimated costs to each class of relevant sub-blocks, according to the proportion of the office’s functions under the Act carried out in the financial year for the class of relevant sub-blocks (see section 24J(2)); and

(c)providing for the apportionment of the office’s estimated costs apportioned to each class of relevant sub-blocks to each relevant sub-block equally, according to the number of relevant sub-blocks of that class existing on the relevant date for the financial year (see section 24J(3)); and

(d)providing for the amount of the total annual levy payable by a particular petroleum tenure holder according to the number of relevant sub-blocks of each class in the areas of the petroleum tenures held by the holder (see section 24K).

24F   Definitions for pt 2A

In this part—

class, for a relevant sub-block, see section 24H(2).

office income statement, for a financial year, means the office’s income statement for the financial year, contained in the document called ‘Service Delivery Statement’ prepared by the department in which chapter 3A of the Act is administered and published in the State budget for the financial year.

Editor’s note—

A copy of the Service Delivery Statement is available at < estimated costs means the office’s estimated costs under section 479(4)(a) of the Act.

relevant date, for a financial year, means 1 July of the financial year.

relevant sub-block see section 24H(1).

sub-block see the Petroleum and Gas (Production and Safety) Act 2004, section 29(2).

24G   Office’s estimated costs

The office’s estimated costs for a financial year must be stated in the office income statement for the financial year.

24H   Relevant sub-blocks and classes of relevant sub-blocks

(1)A sub-block is a relevant sub-block if—

(a)either—

(i)the sub-block is within a cumulative management area; or

(ii)the sub-block is outside a cumulative management area and the office performs functions under the Act for the sub-block; and

(b)either—

(i)the sub-block is in the area of a petroleum lease; or

(ii)the sub-block is in an area that is—

(A)in the area of an authority to prospect, or an area to which an application for an authority to prospect applies; and

(B)in which gas field development is being, or is proposed to be, carried out.

(2)For this part, relevant sub-blocks are divided into the following classes—

(a)relevant sub-blocks outside the cumulative management area;

(b)relevant sub-blocks within the cumulative management area that are used, or intended to be used, for conventional petroleum or gas production;

(c)relevant sub-blocks within the cumulative management area that are used, or intended to be used, for coal seam gas production.

(3)In this section—

authority to prospect means an authority to prospect under the Petroleum and Gas (Production and Safety) Act 2004 or the Petroleum Act 1923.

coal seam gas production has the same meaning it has under the Petroleum and Gas (Production and Safety) Act 2004.

conventional petroleum or gas production means petroleum production, or gas production, that is not coal seam gas production.

gas field development means the development of an area for coal seam gas production, or conventional petroleum or gas production, for which the EIS process has been completed under the Environmental Protection Act 1994.

Note—

See the Environmental Protection Act 1994, section 60 for when the EIS process is completed for a project.

petroleum lease means a petroleum lease under the Petroleum and Gas (Production and Safety) Act 2004 or the Petroleum Act 1923.

Division 2 Working out annual levy

24I   Amount of total annual levy

(1)The total annual levy must be based on a financial year.

(2)The total annual levy payable under section 479 of the Act for a financial year is an amount not more than the office’s estimated costs for the financial year.

24J   Apportionment of office’s estimated costs to each relevant sub-block

(1)This section provides for the apportionment of the office’s estimated costs for a financial year to each relevant sub-block.

(2)The office must apportion the office’s estimated costs to each class of relevant sub-blocks according to the proportion of the office’s functions under the Act carried out in the financial year for the class of relevant sub-blocks.

(3)The office must apportion the amount worked out under subsection (2) for a class of relevant sub-blocks to each relevant sub-block in that class equally, according to the number of relevant sub-blocks of that class existing on the relevant date for the financial year.

24K   Apportionment of annual levy among petroleum tenure holders

(1)This section provides for the apportionment of the total annual levy payable by all petroleum tenure holders for a financial year to classes of petroleum tenure holders according to the number of relevant sub-blocks in the areas of the petroleum tenures held by the petroleum tenure holders on the relevant date for the financial year.

(2)The total annual levy decided under section 24I must be apportioned among petroleum tenure holders as follows—

(a)for a petroleum tenure holder who does not hold any relevant sub-blocks—nil;

(b)for each other petroleum tenure holder—according to the amount worked out by multiplying the number of relevant sub-blocks of each class in the areas of the petroleum tenures held by the holder on the relevant date by the amount worked out for each relevant sub-block of that class under section 24J(3).

Division 3 Collecting annual levy

24L   [Repealed]

24M   Requirements for notice of annual levy

(1)This section applies if the annual levy payable by a petroleum tenure holder for a financial year is more than nil.

(2)The manager must give the petroleum tenure holder a notice about the annual levy payable by the holder for the financial year.

(3)The manager may give a notice to a petroleum tenure holder on a quarterly basis or at an interval decided by the manager (the levy period).

(4)The notice must state the following—

(a)the number of each class of relevant sub-blocks to which the notice applies;

(b)the financial year to which the notice applies;

(c)the levy period to which the notice applies;

(d)the amount of the annual levy payable by the petroleum tenure holder for the levy period (levy amount);

(e)that the levy amount becomes payable on the day the notice is given;

(f)the day by which the levy amount must be paid (the due date);

(g)the way in which the levy amount must be paid;

(h)that if the levy amount is not paid by the due date, the State may, under section 479(8) of the Act, recover from the holder the amount as a debt.

24N   Payment of annual levy

(1)The levy amount for a levy period becomes payable by a petroleum tenure holder on the day the holder is given a notice under section 24M for the levy period.

(2)The petroleum tenure holder must pay the levy amount—

(a)within 30 days after the manager gives the holder the notice; and

(b)in the way stated in the notice.

(3)In this section—

levy amount see section 24M(4)(d).

levy period see section 24M(3).

Part 2B    [Repealed]

Part 3    Water supply arrangements for SEQ Region

25   Declaration of bulk water customers—Act, s 360C

Each of the following entities is declared to be a bulk water customer for chapter 2A, part 3 of the Act—

(a)Toowoomba Regional Council;

(b)Stanwell Corporation Limited ABN 370 788 486 74.

Part 4    Water authorities

Division 1 Establishment

31   Water authorities established—Act, s 548

(1)Each water authority mentioned in schedule 6, column 1, is established.

(2)If the authority is established for an authority area, the authority area is shown on the plan mentioned opposite the authority in column 2.

32   [Repealed]

32A   [Repealed]

32B   [Repealed]

32C   [Repealed]

32D   [Repealed]

32E   [Repealed]

33   [Repealed]

34   [Repealed]

34A   [Repealed]

35   [Repealed]

36   [Repealed]

37   [Repealed]

37A   [Repealed]

38   [Repealed]

39   [Repealed]

39A   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

47   [Repealed]

48   [Repealed]

48A   [Repealed]

48AA   [Repealed]

Division 5 Amalgamation, dissolution and related matters

48AAA    Amalgamation of East Euramo Drainage Board and Orchard Creek Drainage Board and authority areas—Act, s 690

(1)The East Euramo Drainage Board and the Orchard Creek Drainage Board are amalgamated to form a water authority called the Orchard Creek and East Euramo Drainage Board.

(2)The authority’s authority area is shown on plan AP22324.

Note—

The authority area is comprised of 2 divisions called the East Euramo division and the Orchard Creek division.

(3)The East Euramo Drainage Board and the Orchard Creek Drainage Board are dissolved.

(4)Each of the authority areas for the East Euramo Drainage Board and the Orchard Creek Drainage Board is dissolved.

48AAB    Amalgamation of North Burdekin Water Board and South Burdekin Water Board and authority areas—Act, s 690

(1)The North Burdekin Water Board and the South Burdekin Water Board are amalgamated to form a water authority called Lower Burdekin Water.

(2)The authority’s area is shown on plan AP22327.

Note—

The authority’s area is comprised of 2 divisions called the Northern Division and the Southern Division.

(3)The North Burdekin Water Board and the South Burdekin Water Board are dissolved.

(4)Each of the authority areas for the North Burdekin Water Board and the South Burdekin Water Board is dissolved.

48AAC    Interim board administration of Lower Burdekin Water—Act, s 602(5)

Until Lower Burdekin Water’s board is appointed under section 600 of the Act, Lower Burdekin Water is to be administered by a board made up of each person who, immediately before the amalgamation of the North Burdekin Water Board and the South Burdekin Water Board, was a director of 1 or more of—

(a)the North Burdekin Water Board; or

(b)the South Burdekin Water Board.

48AB   Dissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691

(1)This section applies to each water authority mentioned in schedule 6B, column 1.

(2)For the purposes of converting the water authority to the alternative institutional structure mentioned opposite the water authority in schedule 6B, column 3, the water authority is dissolved under section 691(1)(b) of the Act.

(3)Under section 691(2) of the Act, the authority area for the water authority shown on the plan mentioned opposite the water authority in schedule 6B, column 2, is dissolved.

48ABA    Distribution contract applying for particular water allocations—Act, s 691A

(1)The Pioneer Valley Water Board distribution arrangement is identified for the Act, section 691A(2).

(2)In this section—

Pioneer Valley Water Board distribution arrangement means the document called ‘Distribution arrangement for the distribution of water under distribution operations licence for the Pioneer River water supply scheme’ and dated 18 February 2016.

48AC   Approval of relevant transfer agreement—Act, s 700A

(1)For section 700A(4) of the Act, the relevant transfer agreement is approved.

(2)In this section—

relevant transfer agreement means the agreement between the Smithfield Drainage Board and the Cairns Regional Council, a copy of which is set out in Attachment 1.

48AD   Dissolution of Smithfield Drainage Board after transferring its functions to Cairns Regional Council—Act, s 691

(1)The Smithfield Drainage Board is dissolved under section 691(1)(c) of the Act, after transferring all its functions to the Cairns Regional Council under section 700A of the Act.

(2)Under section 691(2) of the Act, the authority area shown on plan AP4058 is dissolved.

48B   Dissolution of Taberna Bore Water Board and appointment of chief executive to perform functions—Act, 691(1)(d)

Under section 691(1)(d) of the Act—

(a)the Taberna Bore Water Board is dissolved; and

(b)the chief executive is appointed to perform the board’s functions.

48C   Dissolution of water authority area shown on plan AP4041

The authority area shown on AP4041 is dissolved.

Editor’s note—

Under section 691(4) of the Act, the appointment of the chief executive to exercise the functions of the water authority for the authority area shown on AP4041 ceases on the dissolution of the authority area.

48D   Dissolution of water authority and authority area—Act, s 691

The following water authorities, and their authority areas, are dissolved—

(a)the Riversdale–Murray Valley Water Management Board;

(b)the Stagnant Creek Drainage Board.

48E   [Repealed]

Part 5    Investigations, enforcement and offences

49   [Repealed]

50   Excavating or placing fill in a watercourse, lake or spring—Act, s 814

(1)Excavating or placing fill in a watercourse, lake or spring is permitted if the excavation is carried out under—

(a)a lease or authority to prospect under the Petroleum Act 1923; or

(b)a licence, petroleum lease or authority to prospect under the Petroleum and Gas (Production and Safety) Act 2004; or

(c)a licence under the Fossicking Act 1994; or

(d)an environmental authority for a resource activity; or

(e)the document called ‘Riverine Protection Permit Exemption Requirements’ approved by the chief executive and published on the department’s website.

(2)In this section—

resource activity see the Environmental Protection Act 1994, section 107.

51   [Repealed]

52   Requirements for decommissioning a water bore—Act, s 817

The decommissioning of a water bore must be carried out in accordance with ‘Minimum construction requirements for water bores in Australia’, published on the department’s website.

Editor’s note—

The department’s website is < 6    Miscellaneous provisions

52AAA    Prescribed purpose for which constructing authority may take water—Act, s 20C(3)(b)

For section 20C(3)(b) of the Act, the taking of water by a constructing authority for the purpose of constructing or maintaining infrastructure that the constructing authority may lawfully construct or maintain is prescribed.

52AAB    Prescribed conditions on taking water by constructing authority—Act, s 20C(3)(c)(i)

For section 20C(3)(c)(i) of the Act, the taking of water by a constructing authority is subject to the condition that the taking of water by the constructing authority is done in accordance with the document called Exemption requirements for the taking of water without a water entitlement under the Water Regulation 2002 approved by the chief executive.

Editor’s note—

A copy of the document may be inspected at any office of the department in Brisbane or on the department’s website at < relevant customer

For the Act, section 360ZCB(8), definition relevant customer—

(a)each of the following purposes is prescribed, if any quantity of water is used for the purpose—

(i)operating a public swimming pool;

(ii)conducting a business consisting predominantly of growing and selling plants or plant produce, including, for example, a nursery, turf farm or market produce business;

(iii)operating a cooling tower;

(iv)irrigating an area of 500m² or more; and

(b)any other purpose is prescribed, if the quantity of water used for the purpose is 10ML or more.

52AB   Cancellation of approved water efficiency management plan

(1)This section prescribes, for section 360ZCKA(1)(b) of the Act, requirements a customer must satisfy for cancellation of an approved water efficiency management plan.

(2)The customer must show, to the reasonable satisfaction of the relevant entity for the plan, that the quantity of water use at the relevant premises—

(a)has been, for at least 1 year immediately before the application for cancellation is made, less than 10 megalitres a year; and

(b)is not likely to exceed 10ML a year.

52A   Authorised taking of water—Act, s 808

(1)An authorisation to take water under a NSW access licence in accordance with the Border Rivers ROP and the New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 is declared to be of a similar nature and to have a similar effect to a water allocation.

(2)In this section—

Border Rivers ROP means the resource operations plan to implement the Water Resource (Border Rivers) Plan 2003.

New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 means the intergovernmental agreement of that name, signed by the Premier on 16 February 2009.

NSW access licence means an access licence under the Water Management Act 2000 (NSW).

53   Drainage rates—Act, s 993

The drainage rates payable for a water year by an owner of land in a drainage area mentioned in schedule 7, column 1, are stated opposite the area in column 2.

54   [Repealed]

55   Water declared to be water in a watercourse—Act, s 1006(2)

The following water is declared to be water in a watercourse—

(a)water in an aquifer under the Kolan River, between AMTD 14.5km and AMTD 76.4km, to a depth of 10m below the bed of the river;

(b)water in an alluvial aquifer under the Burnett River, between AMTD 25.9km and AMTD 333.9km, to a depth of 10m below the bed of the river;

(c)water in an alluvial aquifer under the Boyne River, between AMTD 0km and AMTD 180km, to a depth of 10m below the bed of the river;

(d)water in an alluvial aquifer under the Nogo River, between AMTD 0km and AMTD 23km, to a depth of 10m below the bed of the river;

(e)water in an aquifer under Lockyer Creek, between AMTD 0km and AMTD 41.9km, to a depth of 10m below the bed of the creek;

(f)water in an aquifer under Lockyer Creek, between AMTD 41.9km and AMTD 70.9km, to a depth of 6m below the bed of the creek;

(g)water in an aquifer under Barambah Creek, between AMTD 85km and AMTD 189.5km, to a depth of 15m below the bed of the creek;

(h)water in an alluvial aquifer under the Stuart River, between AMTD 0km and AMTD 80km, to a depth of 10m below the bed of the river.

56   Water management areas

(1)The chief executive may declare an area of the State to be a water management area for water not managed under an interim resource operations licence or a resource operations licence.

(2)The declaration may be for—

(a)fixing water charges payable to the chief executive; or

(b)allowing seasonal water assignments and making seasonal water assignment rules; or

(c)prescribing water sharing rules; or

(d)implementing water metering under part 7.

(3)The chief executive may name the area, for example, the ‘Barker–Barambah Creeks water management area’.

(4)A subartesian area declared under section 102 is also a water management area.

(4A)A water resource plan or a resource operations plan may declare a part of the plan area to be a water management area.

(5)The chief executive must display a map or plan showing the boundaries of a water management area in the department’s regional office in or near the area.

(6)The chief executive must—

(a)give notice of the declaration to the persons authorised to take water from the area; or

(b)publish a notice about the declaration in a newspaper circulating generally in the area.

(7)Subsection (6) does not apply to a water management area declared under a water resource plan or a resource operations plan.

57   Changing boundaries of water management areas

(1)The chief executive may change the boundaries of a water management area by—

(a)including land in the area; or

(b)removing land from the area.

(2)If the chief executive changes the boundaries of a water management area, the chief executive must—

(a)give notice of the change to the persons authorised to take water from land included in, or removed from, the area; or

(b)publish a notice about the change in a newspaper circulating generally in the area.

(3)However, subsection (2) does not apply to a change made under a resource operations plan.

58   Charges for water allocated, supplied or taken—Act, s 1014

(1)The charges mentioned in schedule 14, column 3, are payable to the chief executive—

(a)for the allocation, supply or taking of water in a water management area mentioned opposite the charges in column 1; and

(b)for the water year ending on the date mentioned opposite the charges in column 2.

(2)If a change to a water charge is prescribed, the changed water charge is payable for the water year following the date the current water year ends.

(3)This section does not apply if—

(a)water is taken under a metered entitlement; and

(b)the water charge mentioned in column 3 of the schedule is for a water meter.

59   Minimum charge

(1)This section applies if a minimum charge is mentioned in schedule 14, column 3, for a water management area.

(2)The minimum charge is payable for a water year by the holder of an authorisation to take water from the water management area if the total charges payable under section 58 by the holder for the water year are less than the minimum charge.

60   Notice for payment of charges

(1)A charge under section 58—

(a)may be levied—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—quarterly; and

(b)may be levied by giving notice to the holder of the authorisation under which water is taken; and

(c)becomes payable on the day the notice is given; and

(d)must be paid within 30 days after the notice is given.

(1A)If any part of the charge remains unpaid after 30 days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.

(1B)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.

(2)A notice given under subsection (1)(b) must state—

(a)the amount of the charge and the period for which it is levied; and

(b)the time and place for payment; and

(c)that a late fee is payable on any part of the charge remaining unpaid after 30 days; and

(d)how the late fee is calculated under subsections (1A) and (1B).

60A   [Repealed]

61   [Repealed]

61A   [Repealed]

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 Sustainable Planning Regulation 2009, schedule 3, part 2, table 4—

(c)for item 1(e)—

(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)(ii)—

(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’;

(e)for item 9—the ‘Self-assessable code for the construction of new levees or the modification of existing levees’.

Editor’s note—

Copies of the codes are available on the department’s website at < period—Act, sch 4, definition water year

The accounting period for a resource operations plan, interim resource operations licence or water licence for schedule 4, definition water year, paragraph (a) of the Act is—

(a)if the accounting period for the plan or licence is stated in the relevant water resource plan, resource operations plan, water sharing rules or seasonal water assignment rules (the relevant plan or rules)—as stated in the relevant plan or rules; or

(b)if the accounting period for the plan or licence is not stated in the relevant plan or rules—as otherwise prescribed under this regulation; or

(c)if the accounting period for the plan or licence is not stated in the relevant plan or rules and not otherwise prescribed under this regulation—as stated in the licence; or

(d)if the accounting period for the plan or licence is not stated in the relevant plan or rules, not otherwise prescribed under this regulation and not stated in the licence—from 1 July to 30 June in the following year.

62B   Prescribed volume of material for fill—Act, sch 4, definition levee

The prescribed volume of material for fill for schedule 4 of the Act, definition levee, paragraph (3)(b)(ii) is 50 cubic metres.

62C   Construction of new levees and modification of existing levees

(1)For assessing proposed development that is the construction of a new levee or the modification of an existing levee, the levee can be categorised as 1 of the following types of levees—

(a)category 1 levee;

(b)category 2 levee;

(c)category 3 levee.

(2)A category 1 levee is a levee that has no off-property impact.

(3)A category 2 levee is a levee—

(a)that has an off-property impact; and

(b)for which the affected population is less than 3.

(4)A category 3 levee is a levee—

(a)that has an off-property impact; and

(b)for which the affected population is at least 3.

(5)In this section—

affected population, for a levee, means the total number of persons occupying all buildings on which the levee has a significant impact.

levee property—

(a)means the lot or parcel of land on which a levee is situated; and

(b)includes another lot or parcel of land that is contiguous with the lot or parcel mentioned in paragraph (a) and owned by the same entity.

off-property impact, for a levee, means an impact the levee has on people, property or the environment outside the levee property.

significant impact, of a levee on a building, means each of the following—

(a)an increase, caused by the levee, of more than 5cm in the flow height of water over the floorboards of the building;

(b)an increase, caused by the levee, of more than 0.2 m/s in the flow velocity of water over the floorboards of the building.

62D   Code for IDAS for development applications for construction or modification of particular levees—Act, s 967(3)(b)

The code for IDAS for development applications for each of the following is in schedule 15B—

(a)the construction of a new category 2 levee or new category 3 levee;

(b)the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or category 3 levee.

63   Fees

(1)The fees payable under the Act are stated in schedule 16.

(2)If an instrument (the rejected instrument) is rejected by the registrar, the fee paid for lodging the instrument is forfeited.

(3)Subsection (4) applies if—

(a)the rejected instrument changes the ownership of more than 1 water allocation, or an interest in more than 1 water allocation; and

(b)the lodgement fee paid for the rejected instrument included an amount for each additional water allocation; and

(c)the instrument is relodged within 1 year of the instrument being rejected.

(4)The fee payable for the relodgement of the instrument is the fee that would be payable if the instrument related to only 1 water allocation.

(5)A fee is not payable for the lodgement and registration of an instrument that relates to the transfer of a water allocation to, or acquisition or lease of a water allocation by, the State.

64   Water sharing rules

(1)The water sharing rules for taking water from a water management area, or a part of the area, mentioned in schedule 10, column 1, are opposite the area in column 2.

Editor’s note—

A copy of the water sharing rules for a water management area, or a part of the area, may be obtained from the department’s regional office for the area.

(2)The water sharing rules for taking water from a particular water management area, or a part of the area, may state the following—

(a)if, under the rules, the chief executive is required to decide an announced entitlement—

(i)how the announced entitlement is decided; and

(ii)whether the announced entitlement may be varied during the water year; and

(iii)whether the announced entitlement applies in relation to the taking of water for a particular purpose;

(b)the extent to which, and the conditions on which, carry overs and forward draws may be authorised in the area, or the part of the area.

(3)Subsection (2) does not limit the matters that may be stated in the water sharing rules.

65   Nominal entitlement

(1)A nominal entitlement is the volume of water authorised to be taken during a water year under a water licence.

(2)However, the volume of water that may be taken during a particular water year is the annual entitlement for the water year.

66   Announced entitlement

(1)If the water sharing rules for taking water from a water management area, or a part of the area, require the chief executive to decide an announced entitlement, the chief executive must—

(a)decide the announced entitlement before the start of the water year to which the announced entitlement relates; and

(b)either—

(i)give notice of the announced entitlement to the holders of the water licences to which the entitlement relates; or

(ii)publish the announced entitlement in a newspaper circulating generally in the water management area; or

(iii)publish the announced entitlement on the department’s website on the internet.

(2)An announced entitlement is a percentage of a nominal entitlement.

(3)In deciding an announced entitlement, the chief executive must consider—

(a)the following to the extent appropriate for the water management area, or the part of the area, to which the entitlement relates—

(i)trends in underground water levels;

(ii)long term average sustainable yield;

(iii)historical water use;

(iv)anticipated water use;

(v)water available to supplement water licences in the area;

(vi)weather conditions, including weather forecasts; and

(b)the water sharing rules for taking water from the area.

(4)If the chief executive varies an announced entitlement during a water year, subsection (1)(b) applies to the varied announced entitlement.

67   Annual entitlement

(1)If, for a water year, the chief executive has decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence to which the announced entitlement relates is calculated by—

(a)multiplying the nominal entitlement for the water licence by the announced entitlement; and

(b)adjusting the volume for any carry over or forward draw that applies to the licence for the water year.

(2)If, for a water year, the chief executive has not decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence in the area or the part of the area is the nominal entitlement for the licence adjusted for any carry over or forward draw that applies to the licence for the water year.

Part 7    Metering

Division 1 Preliminary

68   Purpose of pt 7

The purpose of this part is to implement a system for the compulsory use of approved water meters for taking or interfering with water in the State.

69   How purpose is to be achieved

The purpose is to be achieved by—

(a)providing for the installation of water meters; and

(b)declaring certain authorisations to be metered entitlements; and

(c)providing for the validation of water meters; and

(d)applying divisions 4, 5 and 7 to the holders of metered entitlements and owners of works; and

(e)providing for the ownership and transfer of water meters.

70   Definitions for pt 7

In this part—

approved meter see section 71.

authorised meter validator means—

(a)a person who is accredited by Irrigation Australia Limited ACN 002 567 633 as a certified meter validator; or

(b)a person appointed by the chief executive as an authorised meter validator under section 74.

cessation date means the date stated in a cessation notice as the cessation date for a meter.

cessation notice see section 80E(2).

meter notice see section 73(1).

non-urban metering standard means the document entitled ‘Queensland Interim Water Meter Standard for Non-urban Metering’ dated October 2012.

Editor’s note—

A copy of the non-urban metering standard is available on the department’s website at < management area means any of the following management areas—

•Border Rivers Alluvium groundwater management area

•Burdekin River groundwater management area

•Coastal Burnett groundwater management area

•Cressbrook Creek water management area

•Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas

•Pioneer groundwater management area

•Upper Hodgson Creek groundwater management area.

transfer notice see section 80D(2).

validation certificate, for a meter, means a certificate, in the approved form, given for the meter under section 77(2)(b) that states the following—

(a)for a meter attached to works through which the holder of an authorisation or a metered entitlement takes water, the name of the holder;

(b)for a meter attached to works on land for which there is no authorisation for taking or interfering with water through the works, the name of the owner of the works;

(c)the name and signature of the authorised meter validator who carried out the validation inspection;

(d)that the meter complies with the non-urban metering standard;

(e)the date the validation inspection was carried out.

Editor’s note—

A copy of the approved form is available on the department’s website at < inspection, for a meter, means an inspection of the meter by an authorised meter validator to determine whether a validation certificate can be given for the meter.

Division 2 Metered entitlements

70A   [Repealed]

71   Approved meter—Act, sch 4, def approved meter

(1)A meter is prescribed as an approved meter if—

(a)the meter is the property of the State; or

(b)the meter becomes the property of the holder of a metered entitlement or the owner of works under section 80D(5) and the holder or owner has not done anything to the meter that could affect its metrological performance; or

(c)a validation certificate for the meter has been given—

(i)to the holder of a metered entitlement or the owner of works by an authorised meter validator under section 77(2)(b); and

(ii)to the chief executive by the holder or owner under section 77(3); or

Note—

See also section 77(2).

(d)the meter—

(i)is attached to works through which water is, has been or may be taken or interfered with under a metered entitlement; and

(ii)is of a type approved by the chief executive—

(A)in accordance with a condition of the development permit for the works; or

(B)if the works are self-assessable development under the Sustainable Planning Act 2009—in accordance with the applicable code; and

(iii)is installed—

(A)in accordance with the department’s specifications for installing meters as a condition of the development permit for the works; or

(B)if the works to which the meter is attached are self-assessable development under the Sustainable Planning Act 2009—in accordance with the applicable code.

(2)Despite subsection (1), a meter is not an approved meter if the meter stops being an approved meter under any of the following provisions—

(a)section 75(2);

(b)section 76(2);

(c)section 80B(2)(a);

(d)section 80D(4);

(e)section 80E(5).

72   Metered entitlements—Act, sch 4, def metered entitlement

(1)An authorisation mentioned in schedule 15A, column 2, or an authorisation that replaces an authorisation mentioned in column 2, in a part of the State mentioned opposite the authorisation in schedule 15A, column 1, is prescribed as a metered entitlement.

(2)For subsection (1), an authorisation (the original authorisation) is replaced by another authorisation (the second authorisation) in the following circumstances—

(a)the original authorisation expires and the second authorisation is granted in relation to the same land;

(b)the original authorisation is amalgamated with another authorisation and the second authorisation is granted in relation to the land to which the original authorisation and other authorisation related;

(c)the original authorisation expires and 2 or more second authorisations are granted in relation to the same land;

(d)part of the land to which the original authorisation related is disposed of and 1 or more second authorisations are granted in relation to the same land.

(3)Also, a seasonal water assignment notice for taking water in a part of the State mentioned in schedule 15A, column 1, and given in relation to a metered entitlement mentioned in schedule 15A, column 2 for the part, is prescribed as a metered entitlement.

73   Chief executive may give meter notice to holder of authorisation or owner of works

(1)The chief executive may give a notice (a meter notice) to—

(a)the holder of an authorisation; or

(b)if there are works on land and there is no authorisation for taking or interfering with water through the works—the owner of the works.

(2)A meter notice given under subsection (1)(a) must state the following—

(a)the authorisation to which the notice relates;

(b)that the authorisation is to be prescribed as a metered entitlement under section 72;

(c)the validation date;

(d)that from the validation date, water may not be taken through works under the entitlement unless an approved meter is attached to the works;

(e)the requirements for a meter to be an approved meter.

Note—

For what is an approved meter, see section 71.

(3)A meter notice given under subsection (1)(b) must state the following—

(a)the works to which the notice relates;

(b)the validation date;

(c)that from the validation date, water may not be taken through the works under a metered entitlement unless an approved meter is attached to the works;

(d)the requirements for a meter to be an approved meter.

Note—

For what is an approved meter, see section 71.

(4)A meter notice must be given at least 1 year before the validation date.

(5)The chief executive may, after giving a person a meter notice, extend the validation date by notice given to the person.

(6)If the chief executive gives a meter notice under subsection (1)(a) and the authorisation to which the notice relates has not been prescribed as a metered entitlement on or before the validation date, the chief executive must extend the validation date to a date that is on or after the date the authorisation is prescribed as a metered entitlement.

(7)In this section—

validation date, for a meter notice, means the date stated in the meter notice as the validation date.

Division 3 Validation of meters

74   Appointment and qualifications of authorised meter validator

(1)The chief executive may appoint a person as an authorised meter validator.

(2)The chief executive may appoint a person as an authorised meter validator only if, in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised meter validator.

75   Installed or maintained meter not approved meter unless validated

(1)This section applies if—

(a)there are works—

(i)through which the holder of a metered entitlement takes water under the entitlement; or

(ii)on land and there is no authorisation for taking or interfering with water through the works; and

(b)the holder or owner of the works—

(i)attaches a meter to the works; or

(ii)does anything to an existing meter attached to the works that could affect the meter’s metrological performance.

(2)Despite section 71(1), the meter stops being an approved meter unless—

(a)a validation inspection is carried out on the meter under section 77; and

(b)the authorised meter validator who carries out the validation inspection gives the holder or owner a validation certificate for the meter under section 77(2)(b); and

(c)the holder or owner gives a copy of the validation certificate to the chief executive under section 77(3).

(3)Subsection (2)—

(a)applies to the meter even if a validation certificate has previously been given for the meter; and

(b)does not limit sections 71(1)(d) or 76(2).

76   Existing meter not approved meter unless revalidated by revalidation date

(1)This section applies if works through which the holder of a metered entitlement takes water have an approved meter attached.

(2)Despite section 71(1)(c), the meter stops being an approved meter on the revalidation date unless, during the revalidation period—

(a)a validation inspection is carried out on the meter under section 77; and

(b)the authorised meter validator who carries out the validation inspection gives the owner of the meter a validation certificate for the meter under section 77(2)(b); and

(c)the owner gives a copy of the validation certificate to the chief executive under section 77(3).

(3)In this section—

revalidation date, for a metered entitlement whose part of the State is stated in schedule 15A, column 1, means the revalidation date stated opposite the part of the State in column 3 of the schedule.

revalidation period, for a metered entitlement whose part of the State is stated in schedule 15A, column 1, means the period—

(a)starting 12 months before the revalidation date for the entitlement; and

(b)ending on the revalidation date.

77   Holder of metered entitlement or owner of works may arrange validation inspection on a meter

(1)Either of the following may arrange for a validation inspection to be carried out on a meter—

(a)the holder of an authorisation or a metered entitlement who takes water under the authorisation or entitlement through works to which the meter is attached; or

(b)the owner of the works.

(2)The authorised meter validator who carries out the validation inspection must, within 20 business days after carrying out the inspection, give the following to the holder or owner—

(a)if the meter does not, in the validator’s opinion, comply with the non-urban metering standard, a notice stating—

(i)why the meter does not comply; and

(ii)if the meter would comply after being modified—what modifications are required; and

(iii)if the meter can not comply, even after being modified—that the meter can not comply; or

(b)otherwise—a validation certificate for the meter.

(3)The holder or owner must, within 20 business days after being given a validation certificate under subsection (2)(b), give a copy of it to the chief executive.

Division 4 Reading meters

78   Chief executive may require meter reading by holder of metered entitlement or owner of works

(1)The chief executive may give either of the following persons a notice requiring the person to read a meter and provide the meter reading to the chief executive in the way stated in the notice by the day stated in the notice—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have the meter attached;

(b)if there is no holder of a metered entitlement who takes water through the works—the owner of the works.

(2)The day stated in the notice must be at least 30 days after the day the chief executive gave the person the notice.

(3)The person must comply with the notice.

Maximum penalty for subsection (3)—20 penalty units.

79   Meter reading by chief executive

The chief executive may arrange for a meter to be read—

(a)on the application of the holder of a metered entitlement who takes water under the entitlement through works that have the meter attached to transfer, seasonally assign or otherwise deal with the entitlement; or

(b)when the owner of works that have the meter attached gives the chief executive notice the owner has decided to stop using the works; or

(c)at any other time the chief executive considers necessary.

Division 5 Charges

80   Meter operating charge—Act, s 1014

(1)A charge (a meter operating charge) is payable to the chief executive by—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have a meter attached; or

(b)if there is no holder of a metered entitlement taking water through the works—the owner of the works.

(2)The meter operating charge is a charge for reading the meter.

(3)The meter operating charge—

(a)is payable for the meter—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—annually; and

(b)must not be more than the cost to the department of reading the meter; and

(c)may be levied by giving notice to the holder or owner; and

(d)becomes payable on the day the notice is given; and

(e)must be paid within 20 business days after the notice is given.

(4)If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.

(5)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.

(6)A notice given under subsection (3)(c) must state—

(a)the amount of the charge; and

(b)the period for which it is levied; and

(c)the time and place for payment; and

(d)that a late fee is payable on any part of the charge remaining unpaid after 20 business days; and

(e)how the late fee is calculated under subsections (4) and (5).

80A   Meter use charge—Act, s 1014

(1)A charge (a meter use charge) is payable to the chief executive by—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have an approved meter attached that—

(i)is the property of the State; or

(ii)was the property of the State before ownership was transferred to the holder; or

(b)if there is no holder of a metered entitlement taking water through the works—the owner of the works.

(2)The meter use charge—

(a)is payable for the approved meter—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—annually; and

(b)must not be more than the cost to the department of making the meter available for use by the holder or owner, including an adjustment in favour of a holder or owner—

(i)who carried out site preparation; or

(ii)who assigned ownership of an existing meter to the State; or

(iii)whose existing meter, that is the property of the State, was not replaced; and

(c)may be levied by giving notice to the holder or owner; and

(d)becomes payable on the day the notice is given; and

(e)must be paid within 20 business days after the notice is given.

(3)If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.

(4)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.

(5)A notice given under subsection (2)(c) must state—

(a)the amount of the charge; and

(b)the period for which it is levied; and

(c)the time and place for payment; and

(d)that a late fee is payable on any part of the charge remaining unpaid after 20 business days; and

(e)how the late fee is calculated under subsections (3) and (4).

80B   Metering exit charge—Act, s 1014

(1)This section applies if—

(a)either of the following gives the chief executive notice that they have decided to stop using an approved meter—

(i)the holder of a metered entitlement who takes water through works to which the meter is attached; or

(ii)if there is no holder of a metered entitlement taking water through the works—the owner of the works; and

(b)the meter is not the property of the State.

(2)On the chief executive’s receipt of the notice—

(a)the meter stops being an approved meter; and

(b)the chief executive must give the holder or owner notice of the charge (the metering exit charge) payable.

(3)The holder or owner must pay the metering exit charge to the chief executive within 30 days after receiving the notice from the chief executive.

(4)The metering exit charge must not be more than a part of the meter use charge decided by the chief executive having regard to the expected life of the meter.

Division 6 Ownership

80C   Ownership of meters

If a meter is attached to works—

(a)by the holder of an authorisation or a metered entitlement—the meter is the property of the holder; or

(b)by the State—the meter is the property of the State; or

Note—

For when the State may transfer a meter to the holder of a metered entitlement or the owner of works, see section 80D.

(c)by another person—the meter is the property of the other person.

80D   Transfer of approved meters that are the property of the State

(1)This section applies if an approved meter that is attached to works is the property of the State and—

(a)the holder of a metered entitlement takes water under the entitlement through the works; or

(b)there is no authorisation for taking or interfering with water through the works.

(2)The chief executive may give the holder or owner a notice (a transfer notice) that states the following—

(a)that the chief executive is offering to transfer the ownership of the meter to the holder or owner;

Schedule 13 Authority areas

section 104

Column 1	Column 2
Former water area	Plan
Alva Bore Water Supply Area	AP3961
Ardoch Bore Water Area	AP3962
Bindebango Bore Water Supply Area	AP3964
Cabanda Bore Water Supply Area	AP3965
Chesterfield Bore Water Supply Area	AP3967
Chippeway Bore Water Supply Area	AP3968
Coongoola Bore Water Supply Area	AP3969
Cypress Downs Bore Water Supply Area	AP3970
Dillalah No. 1 Bore Water Area	AP3971
Dillalah No. 2 Bore Water Area	AP3972
Euthella Bore Water Supply Area	AP3974
Glenlyon Bore Water Supply Area	AP3976
Hopeland Bore Water Supply Area	AP3977
Jabiru Bore Water Area	AP3979
Juanbong Bore Water Area	AP3980
Julia Creek Bore Water Supply Area	AP3981
Mackunda Downs Bore Water Supply Area	AP3983
Maroungle Bore Water Supply Area	AP7344
Maxwelton Bore Water Supply Area	AP3985
Merridew Bore Water Supply Area	AP3986
Minetta Bore Water Supply Area	AP3987
Mona Bore Water Area	AP3988
Mooro Bore Water Supply Area	AP3989
Moselle Bore Water Supply Area	AP3990
Murweh Bore Water Supply Area	AP3991
Neabul Bore Water Supply Area	AP3993
Nebine Bore Water Supply Area	AP3994
Nelia Ponds Bore Water Supply Area	AP3995
Noondoo Bore Water Area	AP3996
Oakhampton Bore Water Supply Area	AP3998
Pigurra Bore Water Supply Area	AP3999
Sesbania Bore Water Supply Area	AP4000
Stamfordham Bore Water Supply Area	AP4001
Thomby Bore Water Area	AP4002
Toorak Bore Water Supply Area	AP4003
Weengallon No. 2 Bore Water Supply Area	AP4005
Wellshot Bore Water Supply Area	AP4006
Whyenbah Bore Water Supply Area	AP4007
Whynot Bore Water Area	AP4008
Wierbolla Bore Water Supply Area	AP4009
Winbin Bore Water Supply Area	AP4011
Yanborra Bore Water Supply Area	AP4013

Schedule 14 Water charges

section 58

Column 1	Column 2	Column 3
Water management area	Date water year ends	Water charges
Barker–Barambah Creeks water management area	30 June	Water harvesting—$4.30 for each megalitre
Barron River–Emerald Creek water management area	30 June	Water harvesting— (a)  from Tinaroo Falls Dam or Barron River—$4.30 for each megalitre (b)  from Emerald Creek above AMTD 14.300—$4.30 for each megalitre (c)  from any other watercourse—$4.30 for each megalitre
Border Rivers water management area	30 June	Water harvesting—$4.30 for each megalitre
Bowen–Broken Rivers water management area	30 June	Water harvesting—$4.30 for each megalitre
Boyne and Stuart Rivers water management area	30 June	Water harvesting—$4.30 for each megalitre
Central Lockyer water management area	30 June	Water harvesting—$4.30 for each megalitre
Chinchilla Weir water management area	31 August	Water harvesting—$4.30 for each megalitre
Dawson Valley water management area	30 September	Water harvesting from zone Dawson B to M as identified in the Fitzroy Basin Resource Operations Plan, attachment 5 —$4.30 for each megalitre
Dumaresq River water management area	30 June	Water from a watercourse flowing from Glenlyon Dam— (a)  part A—$10.75 (b)  part B—$13.20
Fitzroy water management area	30 June	Water harvesting from zone Fitzroy A as identified in the Fitzroy Basin Resource Operations Plan, attachment 2.3—$4.30 for each megalitre
Logan River water management area	30 June	Water harvesting from Burnett Creek or Logan River—$4.30 for each megalitre
Lower Balonne water management area	30 June	Water harvesting— (a)  from a supplemented section of the Thuraggi watercourse or Thuraggi diversion channel—$4.30 for each megalitre (b)  from Beardmore Dam or from any watercourse downstream of Beardmore Dam to the Queensland/New South Wales border—$4.30 for each megalitre
Lower Burnett and Kolan Rivers water management area	30 June	Water harvesting—$4.30 for each megalitre
Lower Lockyer water management area	30 April	Water harvesting—$4.30 for each megalitre
Macintyre Brook water management area	30 June	Water harvesting—$4.30 for each megalitre
Nogoa Mackenzie water management area	30 June	Water harvesting from Lake Maraboon or Nogoa River or Mackenzie River to the junction with Springton Creek—$4.30 for each megalitre
Pioneer River water management area	30 June	Water harvesting from zones Cattle 01, Cattle 02, Pioneer 01, Pioneer 02, Pioneer 03, Pioneer 04 and Silver/McGregor 01 identified in the ‘Pioneer Valley Resource Operations Plan 2007’—$4.30 for each megalitre
Three Moon Creek water management area	30 June	Water harvesting—$4.30 for each megalitre
Upper Burnett and Nogo Rivers water management area	30 June	Water harvesting from Nogo River or Burnett River—$4.30 for each megalitre
Upper Condamine water management area	30 June	Water harvesting from zones UCU-03 (excluding the ponded area of Leslie Dam), UCU-04, UCU-05, UCU-06, UCU-07, UCU-08, UCU-09 or UCU-11 identified in the Condamine and Balonne Resource Operations Plan 2008—$4.30 for each megalitre
Warrill Valley water management area	30 June	Water harvesting— (a)  from Reynolds Creek, Warrill Creek from its junction with Reynolds Creek or Bremer River from the junction of Warrill Creek downstream to Berry’s Lagoon—$4.30 for each megalitre (b)  from Black Gully, Kent’s Lagoon, Normanby Gully, West Branch, Waroolaba Creek or the Upper Warrill systems—$4.30 for each megalitre

Schedule 15 Royalties

section 17

$
Removing State quarry material—for each cubic metre removed—
(a)  by a local government or other entity established under an Act and that does not represent the State (a statutory body), for its own use	0.70
(b)  by another person for a statutory body if the statutory body issues a certificate stating that the material was supplied to the statutory body for its own use	0.70
(c)  if paragraphs (a) and (b) do not apply	2.03

Schedule 15A Metered entitlements

sections 72 and 76(3)

Column 1	Column 2	Column 3
Part of the State	Authorisation	Revalidation date
Barambah Creek catchment area	water allocation 2189/AP6975	30 November 2016
Border Rivers Alluvium groundwater management area	all water licences, other than licences for stock or domestic purposes only	30 November 2017
Bowen groundwater management area	all water licences to take subartesian water or surface water, other than licences for stock or domestic purposes only	30 November 2016
Boyne and Stuart Rivers water management area of the Burnett Basin Resource Operations Plan	all water entitlements	30 November 2017
Burdekin groundwater management area	all water licences to take subartesian water, other than licences for stock or domestic purposes only	30 November 2019
Central Condamine Alluvium groundwater management area	all water licences to take subartesian water, other than licences for stock or domestic purposes only	30 November 2017
Central Lockyer Creek water management area (non-benefitted)	all water licences, other than licences for stock or domestic purposes only	30 November 2017
Coastal Burnett groundwater management area	all water entitlements, other than the following— (a)  water licences for dewatering purposes only; (b)  water entitlements under which groundwater is taken in the Coastal Burnett groundwater management area for stock or domestic purposes only	30 November 2019
Condamine-Balonne River downstream of Cecil Plains Weir (AMTD 891.1km) to the upstream limit of the impounded area of the E.J. Beardmore Dam (AMTD 280km)	all water entitlements to take surface water, other than the following— (a)  water entitlements for stock or domestic purposes only; (b)  water entitlements to take supplemented water	30 November 2019
Cooloola Sandmass subartesian area under the Water Resource (Mary Basin) Plan 2006	all water licences, other than water licence 190197 and water licence 190200	30 November 2016
Cressbrook Creek water management area	all water licences, other than licences for stock or domestic purposes only	30 November 2019
Dawson River catchment area	water licence 400856	30 November 2016
Don and Dee groundwater sub-area	all water licences to take groundwater, other than licences for stock or domestic purposes only	30 November 2018
Eastern Downs management area under the Water Resource (Great Artesian Basin) Plan 2006	water licence 100875	30 November 2018
Eastern Downs subartesian area, Jimbour Creek Alluvium	water licences 17646R, 101045, 32978R, 71237R and 64902R	30 November 2018
Gilbert River catchment area under the Water Resource (Gulf) Plan 2007	all water licences, other than licences for stock or domestic purposes only	30 November 2016
Gowrie-Oakey Creek water management area	all water licences to take surface water for irrigation purposes only	30 November 2019
Isaac River and Connors River catchment area on plan AP14807	all water licences to take subartesian water or surface water, other than licences for stock or domestic purposes only	30 November 2016
Lakeland groundwater management area	all water licences to take subartesian water, other than licences for stock or domestic purposes only	30 November 2021
Lower Balonne water management area under the Water Resource (Condamine and Balonne) Plan 2004	all water allocations to take unsupplemented surface water and water licences to take overland flow water granted in the Condamine and Balonne Resource Operations Plan	30 November 2019
Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas	all water licences, other than licences for stock or domestic purposes only	30 November 2017
Mulgildie management area under the Water Resource (Great Artesian Basin) Plan 2006	all water licences	30 November 2018
Mulgrave River and Russell River catchment area	all water entitlements, other than the following— (a)  water entitlements for stock or domestic purposes only; (b)  water entitlements for which the annual volumetric limit is not more than 2ML	30 November 2019
Oakey Creek groundwater management area	all water licences to take subartesian water, other than licences for stock or domestic purposes only	30 November 2019
Six Mile Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006	all water licences, other than licences for stock or domestic purposes only	30 November 2018
Stanthorpe water management area under the Water Resource (Border Rivers) Plan 2003	all water allocations	30 November 2017
the area of the basalt aquifer in the Toowoomba City Basalts groundwater management area	all water licences, other than licences for stock or domestic purposes only	30 November 2016
the Dalrymple Creek Alluvium Area on AP18888	all water licences to take water from the Dalrymple Creek Alluvium, other than licences for stock or domestic purposes only	30 November 2017
the Gatton-Esk Road implementation area under the Water Resource (Great Artesian Basin) Plan 2006	all water licences, other than the following— (a)  water entitlements for stock or domestic purposes only; (b)  water licence 406711; (c)  water licence 406717; (d)  water licence 406722; (e)  water licence 406725; (f)  water licence 406732; (g)  water licence 406735; (h)  water licence 406738; (i)  water licence 406751; (j)  water licence 406755; (k)  water licence 406761; (l)  water licence 406807; (m)  water licence 406867; (n)  water licence 407196; (o)  water licence 409175	30 November 2018
the Lower Nerang water management area under the Gold Coast Resource Operations Plan	all water entitlements	30 November 2017
the plan area of the Barron Resource Operations Plan	all water licences, other than licences for stock or domestic purposes only	30 November 2018
the plan area of the Boyne River Basin Resource Operations Plan	all water licences	30 November 2017
the plan area of the Water Resource (Calliope River Basin) Plan 2006	all water licences, other than licences for stock or domestic purposes only	30 November 2016
the plan area of the Water Resource (Mitchell) Plan 2007	all water licences, other than licences for stock or domestic purposes only	30 November 2018
the plan area of the Water Resource (Moonie) Plan 2003	all water entitlements to take surface water, other than water entitlements for stock or domestic purposes only	30 November 2017
the plan area of the Water Resource (Pioneer Valley) Plan 2002	all water allocations to take groundwater in the Pioneer groundwater management area, other than the following— (a)  water allocation 1189/AP7900; (b)  water allocation 1190/AP7900; (c)  water allocation 1193/AP7900; (d)  water allocation 1202/AP7900; (e)  water allocation 1208/AP7900; (f)  water allocation 1295/AP7900; (g)  water allocation 1296/AP7900; (h)  water allocation 1297/AP7900 all water licences to take groundwater in the Pioneer groundwater management area, other than water licences in the following zones identified in the ‘Pioneer Valley Resource Operations Plan 2007’— (a)  groundwater zone 1 (Cattle Creek); (b)  groundwater zone 2 (Pioneer North);	30 November 2018
(c)  groundwater zone 3 (Pioneer North-East) all water licences to take surface water, other than licences to take declared water under the Water Resource (Pioneer Valley) Plan 2002, section 5B(2)
the plan area of the Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003	all water entitlements to take surface water, other than the following— (a)  water entitlements for stock or domestic purposes only; (b)  water entitlements to take supplemented water	30 November 2017
the plan area of the Water Resource (Whitsunday) Plan 2010	all water licences, other than licences for stock or domestic purposes only	30 November 2019
Tinana Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006	all water licences, other than licences for stock or domestic purposes only	30 November 2018
Upper Hodgson Creek groundwater management area	all water licences to take water from the Main Range Volcanics Formation, other than licences for stock or domestic purposes only	30 November 2019
Weir River catchment area	all water allocations in the Upper Weir River Water Management Area and the Lower Weir River Water Management Area all water licences to take water from the Weir River, Brigalow Creek, Yambocully Creek, Commoron Creek and Middle Creek, other than licences for stock or domestic purposes only	30 November 2016
Wide Bay Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006	all water licences, other than licences for stock or domestic purposes only	30 November 2017
Widgee Creek subcatchment area under the Water Resource (Mary Basin) Plan 2006	all water licences, other than licences for stock or domestic purposes only	30 November 2017
Zone A of the Fitzroy River, identified in the Fitzroy Basin Resource Operations Plan	water allocation 5357/AP6829	30 November 2016
Zone C of the Fitzroy River, identified in the Fitzroy Basin Resource Operations Plan	water allocation 216/AP6829	30 November 2016
Zones D and E of the Fitzroy River, identified in the Fitzroy Basin Resource Operations Plan	all water allocations	30 November 2016

Schedule 15B IDAS code for development applications for construction or modification of particular levees

section 62D

1   Application of code

(1)The code applies for the assessment of a development application under the Sustainable Planning Act 2009 for development that is—

(a)the construction of a new category 2 levee or new category 3 levee (each a new levee); or

(b)the modification of an existing levee if, after the modification, the levee (the modified levee) will fulfil the requirements for a category 2 levee or category 3 levee.

(2)The code should be read together with the document called ‘Guidelines for the construction or modification of category 2 and 3 levees’ published by the department.

Editor’s note—

A copy of the document called ‘Guidelines for the construction or modification of category 2 and 3 levees’ is available on the department’s website.

2   Purpose of code

The purpose of the code is to ensure that a new levee or modified levee meets a set of criteria.

3   Definitions

In this schedule—

modified levee see section 1(b).

new levee see section 1(a).

off-property impact, for a levee, see section 62C(5) of the regulation.

4   Compliance with code

(1)The code is complied with if each of the performance outcomes stated in column 1 of the table is complied with for a new levee or modified levee.

(2)A performance outcome is complied with if the new levee or modified levee—

(a)complies with an acceptable outcome stated in column 2 of the table; or

(b)otherwise satisfies the performance outcome mentioned in column 1 of the table.

Column 1	Column 2
Performance outcome	Acceptable outcome
1  any off-property impact from the levee is minimised and acceptable having regard to the following— •  the environment in which the levee is located; •  the measures proposed to be taken to mitigate any off-property impact; •  any compensation measures for an impact that are proposed by the applicant	the levee does not result in— (a)  an unacceptable change in hydraulic effects that occur off-property; and (b)  an unacceptable impact on people, property or the environment
2  the levee is a safe and stable structure	the design, construction, operation and maintenance for the levee is appropriate for the materials used and the levee’s intended function
3  community safety is ensured in the event a category 3 levee fails or overtops	appropriate emergency action procedures are in place for category 3 levees

Schedule 16 Fees

section 63

$
1	Application to amalgamate water allocations or subdivide a water allocation (Act, s 128A(2)(b))	121.60
2	Application to change a water allocation (Act, ss 129(3)(c) and 130(3)(d))—
(a)  if the application is made with an application to amalgamate water allocations or subdivide a water allocation	nil
(b)  otherwise— (i)  for 1 application	121.60
(ii)  for each additional application made at the same time	24.10
3	Application by water allocation holder or holder of a seasonal water assignment notice for a water allocation for seasonal water assignment (Act, s 142(2)(d))	162.20
4	Creating, on request, a title or a separate title for a water allocation, other than under section 121 or 122 of the Act (Act, ss 148(2)(d) and 150(1))—for each title created	66.00
5	Lodging in the registry an instrument that changes ownership of a water allocation or an interest in a water allocation (Act, ss 148(2)(d) and 150(1))—
(aa)  if lodgement is to record the death of an individual—
(i)  for 1 water allocation	33.00
(ii)  for each additional water allocation	nil
(a)  if lodgement is with an instrument changing ownership of a lot or an interest in a lot other than in the circumstances mentioned in paragraph (aa)—for each water allocation	33.00
(b)  otherwise—
(i)  for 1 water allocation	175.00
(ii)  for each additional water allocation	33.00
5A	Lodging in the registry a request to record the change of name of an individual or to correct the name of an individual, for a water allocation or an interest in a water allocation (Act, ss 148(2)(d) and 150(1))—
(a)  for 1 water allocation	33.00
(b)  for each additional water allocation	nil
6	Lodging in the registry a certificate approving a proposed amalgamation of water allocations or subdivision of a water allocation (Act, ss 128A(7) and 148(2)(d))	175.00
7	Lodging in the registry a certificate about a proposed change to a water allocation (Act, ss 129(6), 135(1) and 148(2)(d))	175.00
8	Lodging in the registry—
(a)  a cancellation of a writ of execution (Act, ss 148(2)(d) and 150(1))	nil
(b)  a discharge or satisfaction of a writ of execution (Act, ss 148(2)(d) and 150(1))	175.00
10	Lodging a standard terms document in the registry (Act, ss 148(2)(d) and 150(1))	nil
11	Lodging in the registry a request to remove from the title of a water allocation a lease that has expired or otherwise ended (Act, ss 148(2)(d) and 150(1))	nil
12	Lodging in the registry a request to note the lapsing of a caveat (Act, ss 148(2)(d) and 150(1))	nil
13	Lodging any other instrument in the registry (Act, ss 148(2)(d) and 150(1))	175.00
14	Depositing in, or withdrawing from, the registry a settlement notice (Act, ss 148(2)(d) and 150(1))	33.00
15	Depositing in, or removing from, the registry an administrative advice, other than an advice deposited, or removed, by the State (Act, ss 148(2)(d) and 150(1))	26.00
16	Preparing and serving, by the registry, a notice of a caveat (Act, ss 148(2)(d) and 150(1))	33.00
17	Search for (Act, s 148(2)(d))—
(a)  a current title for a water allocation generated—
(i)  in an office of the registry	18.15
(ii)  otherwise	14.90
(b)  the historical details of a title generated—
(i)  in an office of the registry	26.70
(ii)  otherwise	23.35
18	Image of (Act, s 148(2)(d))—
(a)  a title for a water allocation generated—
(i)  in an office of the registry	18.15
(ii)  by external access	14.90
(b)  another instrument lodged or deposited in the registry	35.35
19	Search, in the registry, of a statement of a registered dealing or an administrative advice against a title (Act, s 153)	3.00
20	Investigative search, by the registrar, of the register (not including providing copies of documents) (Act, s 148(2)(d))—
(a)  if no additional computer programming time is required—for each hour or part of an hour	113.80
(b)  if additional computer programming time is required—for each hour or part of an hour	317.70
21	Certifying, by the registrar, of a copy of the title of a water allocation or a registered instrument (Act, ss 148(2)(d) and 153)	33.00
22	Requisitioning a document lodged for registration (Act, s 148(2)(d))	33.00
23	Application under section 193 of the Act to transfer all or part of an interim water allocation (Act, s 193(2)(c))	357.30
24	Application under section 195 of the Act to transfer all or part of an interim water allocation (Act, s 195)—
(a)  for 1 application	357.30
(b)  for each additional application, made at the same time, to transfer to the same land	78.55
25	Application to replace jointly held interim water allocation (Act, s 198(4)(b))	121.60
26	Application for water licence (Act, s 206(5)(c))	121.60
27	Fee to purchase a copy of an application for a water licence (Act, s 208(4)(b))—
(a)  for 1 page	16.45
(b)  for each additional page	0.22
28	Application to amend water licence (Act, s 216)	121.60
29	Application to reinstate expired water licence (Act, s 221(2)(b))	121.60
30	Application to transfer, amend or amalgamate water licence under part 2, division 3A (Act, s 223)	357.30
31	Application to amalgamate water licences (Act, s 224(2)(b))	121.60
32	Application to replace water licence with 2 or more new licences (Act, s 225(2)(b))	121.60
33	Application to replace jointly held water licence on part disposal of land to which the water licence relates (Act, s 229(4)(b))	121.60
34	Application by licensee of a water licence or holder of a seasonal water assignment notice for a water licence for seasonal water assignment (Act, s 231(2)(f))	162.20
35	Application for allocation of quarry material (Act, s 280(2)(c))—for each 6 month period, or part of a 6 month period, the allocation notice has effect	166.80
36	Application to renew allocation notice (Act, s 289(2)(b))—for each 6 month period, or part of a 6 month period, the renewed allocation notice has effect	166.80
37	Application for water bore driller’s licence (Act, s 299(2)(e))—
(a)  if paragraphs (b) to (d) do not apply	548.00
(b)  if the applicant relies on section 20(2)(c)(iii) or (iv)	984.00
(c)  if the applicant relies on section 21(2)(c)(iv) or (v)	1438.00
(d)  if the applicant relies on section 22(2)(c)(iii) or (iv)	1741.00
38	Application to amend water bore driller’s licence (Act, s 304)	162.20
39	Application to renew water bore driller’s licence (Act, s 308(2)(c))	527.00
40	Application to reinstate expired water bore driller’s licence (Act, s 308A(2)(b))	548.00
41	Application for operations licence (Act, s 328(2)(d))	121.60
42	Computer printout of a document mentioned in section 1009(1) of the Act generated—
(a)  at an office of the department	16.45
(b)  by external access	13.15
43	Certifying a copy of a document mentioned in section 1009(1) of the Act	33.65
44	Water licence fee (s 14A(1))—for each year	76.55
45	Application for grant of unallocated water under a resource operations plan (Act, s 1014(2)(a))	223.40
46	Investigative search by the chief executive of the department’s water entitlement registration database (not including providing copies of documents) (Act, s 1014(2)(a))—
(a)  if no additional computer programming time is required—for each hour or part of an hour	67.75
(b)  if additional computer programming time is required—for each hour or part of an hour	167.30
47	Copy of a report on an entry in the department’s water entitlement registration database (Act, s 1014(2)(a))	8.05
48	Testing a water meter (Act, s 1014(2)(a))—for each hour	70.65
49	Reading a water meter (Act, s 1014(2)(a))—
(a)  for 1 water meter	78.55
(b)  for each additional water meter on the same or an adjacent property	15.45
50	Development application (Sustainable Planning Act 2009, ss 260(1)(d)(ii) and 272(1)(c)(i)) for any of the following—
(a)  operational work for the taking of, or interfering with, water—
(i)  if the application is made with an application for a water licence	nil
(ii)  otherwise	121.60
(b)  the removal of quarry material	121.60

Schedule 17 Dictionary

section 3

2010–2011 financial year ...

2011–2012 financial year ...

ADIA see section 22.

ADITC see section 20.

administrative advice means an advice that is an administrative advice under the manual of land title practice kept under the Land Title Act 1994, section 9A.

AHD means the Australian height datum adopted by the National Mapping Council of Australia for referencing a level or height back to a standard base level.

amalgamation, for part 2, division 3A, subdivision 2, see section 15B.

amendment, for part 2, division 3A, subdivision 2, see section 15B.

AMTD means the adopted middle thread distance which is the distance in kilometres, measured along the middle of a watercourse, that a specific point in the watercourse is from the watercourse’s mouth or junction with the main watercourse.

announced allocation ...

announced entitlement see section 66.

annual entitlement see section 67.

approval application ...

approved meter ...

authorisation means a water licence, water permit, water allocation or other authority to take or interfere with water under the Act.

authorised meter validator, for part 7, see section 70.

BBWSS ...

Bromelton Off-stream Storage ...

bulk water supply system, for part 8, see section 82.

category 1 ...

category 1 levee see section 62C(2).

category 2 ...

category 2 levee see section 62C(3).

category 3 ...

category 3 levee see section 62C(4).

Cedar Grove Weir ...

cessation date, for part 7, see section 70.

cessation notice, for part 7, division 6, see section 80E(2).

chapter 3 functions ...

charging period ...

class, for part 2A, see section 24H(2).

closing day, for a tender, see section 5B(3)(f)(i).

commission income statement ...

commission’s estimated costs ...

critical distance, of a non-stock or domestic water bore in a subartesian area mentioned in schedule 11, part 2, column 1, from—

(a)a boundary of a parcel of land—see section 102A(2); or

(b)a watercourse—see section 102A(3); or

(c)another water bore—see section 102A(4).

DICAT course see section 20.

distribution channel loss ...

drought declared ...

Eastern Pipeline Inter-connector ...

exempt bore means any of the following—

(a)a water bore used for monitoring the physical, chemical or biological characteristics of water in an aquifer;

Examples of physical characteristics of water—

standing water level, water discharge rate, water pressure

(b)a water bore for testing the water production capacity, water production quality or hydraulic properties of an aquifer;

(c)a water bore for taking water for stock or domestic purposes;

(d)a non-stock or domestic water bore constructed, erected or installed in a subartesian area mentioned in schedule 11, part 2, column 1, but not within the critical distance from a boundary of a parcel of land, a watercourse or another water bore;

(e)a replacement water bore.

existing levee see section 1247(2) of the Act.

GDA94 means Geocentric Datum of Australia 94, a part of the earth centred global coordinate reference frame used by the department.

groundwater means water from an underground source.

high priority group ...

Hinze Dam Stage 3 ...

individually droughted property ...

inspector of stock ...

interested entity, for part 2, division 3A, subdivision 2, see section 15C(3)(b)(i).

LGIS ...

medium priority group ...

meter includes equipment, related to the meter, for measuring and recording—

(a)the taking of, or interfering with, water; or

(b)the quality of water.

meter assessment notice ...

metered entitlement ...

metered entitlement notice ...

metering exit charge ...

metering information notice ...

metering service charge ...

meter notice, for part 7, see section 73(1).

meter use charge see section 80A(1).

minimum operating level, for part 8, see section 82.

modify, for an existing levee, means any or all of the following—

(a)to raise or lower the height of the levee;

(b)to extend or reduce the length of the levee;

(c)to make another change to the levee that affects the flow of water.

MOU ...

natural disaster relief arrangements ...

new licence, for part 2, division 3A, subdivision 2, see section 15B.

nominal entitlement see section 65.

non-metered authority ...

non-residential water use, for part 8, see section 82.

non-stock or domestic water bore means a water bore for taking water for a purpose other than a stock or domestic purpose.

non-urban metering standard, for part 7, see section 70.

Northern Pipeline Inter-connector ...

office income statement, for part 2A, see section 24F.

office’s estimated costs, for part 2A, see section 24F.

original licence, for part 2, division 3A, subdivision 2, see section 15A(2).

part A, for water charges mentioned in schedule 14, means the amount payable for each megalitre of nominal entitlement.

part B, for water charges mentioned in schedule 14, means the amount payable for each megalitre of water taken up to the annual entitlement.

participating local government ...

prescribed activity means an activity mentioned in schedule 1 for a general authorisation to take water.

primary production does not include operation of a cattle feedlot or piggery.

proposed transferee ...

proposed transferor ...

proposed transferor’s land ...

public notice ...

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority under the South East Queensland Water (Restructuring) Act 2007, section 6.

raising of Mt Crosby Weir ...

Regional Water Inter-Connectors ...

relevant date, for part 2A, see section 24F.

relevant management area, for part 7, see section 70.

relevant sub-block, for part 2A, see section 24H(1).

relevant water management area ...

re-lift water ...

replacement water bore means a water bore that—

(a)is constructed, installed or erected—

(i)to replace a water bore (the previous bore) used for the taking of, or interfering with, water—

(A)for which a development permit was held or, under section 1048A of the Act, was taken to be held; or

(B)which, under the Sustainable Planning Act 2009, section 681(1), was taken to be a lawful use of the premises in which the previous bore was constructed, installed or erected; and

(ii)within 10m of the location of the previous bore; and

(b)taps the same aquifer tapped by the previous bore.

Report on Drought Contingency Projects ...

residential water use, for part 8, see section 82.

ROP ...

sale notice ...

SEQ water security program, for part 8, see section 82.

settlement notice means a settlement notice under the Land Title Act 1994, part 7A.

South-east Queensland (Gold Coast) Desalination Facility ...

Southern Regional Water Pipeline ...

standard terms document see the Land Title Act 1994, section 168.

State Development Regulation ...

stock purposes ...

sub-block, for part 2A, see section 24F.

Suncorp Metway Ltd business banking variable lending base rate means the variable base interest rate set by the Suncorp Metway Bank for loans to business entities.

SunWater means SunWater Limited ACN 131 034 985.

supplemented water means water supplied under an interim resource operations licence, resource operations licence or other authority to operate infrastructure.

surface water means water in a watercourse.

transfer, for part 2, division 3A, subdivision 2, see section 15B.

transferee’s allocation ...

transfer notice—

(a)for part 2, division 3A, subdivision 2, see section 15G(2); or

(b)for part 7, division 6, see section 80D(2).

Traveston Crossing Dam Stage 1 ...

Tropical Cyclones Larry and Monica ...

upgrade of Enoggera Water Treatment Plant ...

UTM means Universal Transverse Mercator, a system used to project a round earth onto a flat map.

validation certificate, for part 7, see section 70.

validation inspection, for part 7, see section 70.

Water and Sewerage Program ...

water entitlement document ...

Water for south-east Queensland document ...

Water Infrastructure Project Board ...

water licence, for sections 65, 66 and 67, means a water licence not managed under a resource operations plan.

water management area see section 56.

Western Corridor Recycled Water Scheme ...

works, for part 7, means works used, or that could be used, for taking or interfering with water.

Wyaralong Dam ...

Attachment 1 Agreement

section 48AC(2), definition relevant transfer agreement

AGREEMENT BETWEEN CAIRNS REGIONAL COUNCIL AND SMITHFIELD DRAINAGE BOARD

The two entities hereby agree that the Smithfield Drainage Board (SDB) will seek it's dissolution as a category 2 water authority under s.700A of the Water Act 2000 and transfer all of the Smithfield Drainage Board assets, liabilities, functions and public records to the Cairns Regional Council (CRC).

This agreement provides the whole of the arrangements under which the dissolution and acceptance of the transfer will occur. The parties understand that subject to the Minister for Natural Resources and Mines' acceptance of the agreement, that the agreement will take effect on the making of a Regulation under the Water Act 2000.

Agreement conditions

1.that CRC agrees to accept the transfer of all the assets, public records and liabilities of the SDB on the day the SDB is dissolved,

2.that CRC will provide $15,000 per annum for drain maintenance for the northern region of the CRC area, including the former area of the SDB,

3.that CRC will maintain the drains and crossing points of the former SDB to the mutual satisfaction of the former SDB canegrowers and the CRC,

4.that CRC will not require former ratepayers of the SDB to pay any special levy or rate to the CRC for drain maintenance,

5.that former SDB ratepayers are not required to enter into any special agreements with the CRC for drain maintenance, and

6.the contact persons / position for each party - after the dissolution are as follows;

Cairns Regional Council –Helius Visser, Manager Infrastructure Planning

(Ph.4044 3032)

Smithfield Drainage Board –John Westaway, Chair (Ph.4055 9559)

SIGNED by Peter Tabulo

(Chief Executive Officer –Cairns Regional Council)

) P Tabulo

this 18th day of June 2013

In the presence of:

Witness: Judith Lawrence

SIGNED by John Westaway

(Chair –Smithfield Drainage Board)

) J V. Westaway

this 20th day of June 2013

In the presence of:

Witness : Tim Smith