Water Resource (Barron) Amendment Plan (No. 1) 2015 (Qld)

Queensland Water Resource (Barron) Amendment Plan (No. 1) 2015 Subordinate Legislation 2015 No. 117 made under the WaterAct2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Amendment of s 2 (Purposes of plan) . . . . . . . . . . . . . . . . . . . . . 5 4 Replacement of ss 5 and 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Groundwater management areas. . . . . . . . . . . . . . . . 5 5 Amendment of s 7 (Subcatchment areas) . . . . . . . . . . . . . . . . . . 6 6 Replacement of s 8 (Information about areas) . . . . . . . . . . . . . . . 6 8 Information about areas . . . . . . . . . . . . . . . . . . . . . . . 6 7 Replacement of s 10 (Water to which plan applies) . . . . . . . . . . . 6 10 Water to which plan applies . . . . . . . . . . . . . . . . . . . . 6 8 Replacement of pt 3, divs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Outcomes for water in plan area . . . . . . . . . . . . . . . . 7 12 Economic outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Social outcomes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Ecological outcomes . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Amendment of s 19 (Performance indicators for water allocation security objectives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Amendment of pt 5, hdg (Strategies for achieving outcomes (surface water)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Amendment of s 21 (Application of pt 5) . . . . . . . . . . . . . . . . . . . 11

Water Resource (Barron) Amendment Plan (No. 1) 2015 Contents 12 13 14 15 16 17 18 19 20 21 Page 2 Omission of s 24 (Taking or interfering with water from waterholes or lakes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Replacement of pt 5, div 2, hdg (Dealing with unallocated water under a resource operations plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2 Unallocated water Insertion of new ss 24–24C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 24 Unallocated water reserves . . . . . . . . . . . . . . . . . . . . 11 24A Purpose for which unallocated water may be granted 11 24B Reserve volumes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24C Process for granting unallocated water—Act, ss 122 and 212 12 Amendment of s 25 (Matters chief executive must consider) . . . . 12 Replacement of pt 5, div 3, hdg (Determining operational and supply arrangements for water infrastructure) . . . . . . . . . . . . . . . . . . . . . 13 Division 3 Authorised taking or interfering with water without water entitlement Insertion of new ss 26 and 26A . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Limitations on taking or interfering with water—Act, s 20(2) 13 26A Taking water for stock or domestic purposes . . . . . . . 14 Insertion of new pt 5A hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 5A Additional strategies for achieving outcomes for surface water Insertion of new pt 5A, div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 1 Preliminary 26B Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Insertion of new pt 5A, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 2 Operational and supply arrangements for water infrastructure Insertion of new pt 5A, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 3 Interference with water in a watercourse, lake or spring 28 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Limitations on interference with water . . . . . . . . . . . . 15 29A Interference with water to enable taking of water for stock or domestic purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29B Interference with water for provision of pumping pool 16 29C Interference with water to improve security for town water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 Contents 29D Interference with water to store water for purpose not related to the taking of water under water entitlement . . . . . . 17 29E Interference with water related to the granting of unallocated water. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Amendment of s 37 (Elements of water allocation to take unsupplemented water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 Amendment of s 39 (Annual volumetric limit) . . . . . . . . . . . . . . . . 18 24 Omission of s 39A (Seasonal volumetric limit) . . . . . . . . . . . . . . . 18 25 Amendment of s 40A (Daily volumetric limit) . . . . . . . . . . . . . . . . 18 26 Omission of s 41 (Maximum rates for taking unsupplemented water) 18 27 Amendment of s 43 (Water allocation groups) . . . . . . . . . . . . . . . 18 28 Amendment of s 44 (Elements of water licence) . . . . . . . . . . . . . 18 29 Amendment of s 44A (Purpose to be stated on water licence) . . 19 30 Amendment of s 45 (Nominal entitlement) . . . . . . . . . . . . . . . . . . 19 31 Omission of s 45A (Seasonal volumetric limit) . . . . . . . . . . . . . . . 19 32 Replacement of s 46 (Maximum rates for taking unsupplemented water) 20 46 Maximum rates for taking unsupplemented water . . . 20 33 Omission of pt 5A, div 7 (Moratorium notice) . . . . . . . . . . . . . . . . 21 34 Replacement of pt 6, hdg (Strategies for achieving outcomes (subartesian water)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 6 Additional strategies for achieving outcomes for groundwater 35 Amendment of s 48 (Application of pt 6) . . . . . . . . . . . . . . . . . . . 21 36 Amendment of s 49 (Elements of water licence) . . . . . . . . . . . . . 22 37 Amendment of s 49A (Purpose to be stated on water licence) . . 22 38 Omission of s 50 (Limitation on taking water—Act, s 20(2)). . . . . 22 39 Amendment of s 51 (Relationship with Sustainable Planning Act 2009) 22 40 Replacement of pt 6, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2 Criteria for amending particular water licences in Atherton groundwater management area to achieve plan outcomes 52 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 53 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 54 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 55 Nominal entitlement for amended water licences. . . . 26 56 Criteria for deciding nominal entitlement . . . . . . . . . . 27 2015 SL No. 117 Page 3

Water Resource (Barron) Amendment Plan (No. 1) 2015 Contents 41 Amendment of pt 6, div 3, hdg (Strategies for Cairns Northern Beaches Subartesian Area only). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 42 Amendment of s 57B (Decisions about taking subartesian water) 28 43 Amendment of s 57C (Restriction on nominal entitlement) . . . . . 28 44 Amendment of s 64 (Minor amendment of plan—Act, s 57) . . . . 28 45 Omission of pt 10 (Transitional provision for Water Resource (Barron) Amendment Plan (No. 1) 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 46 Replacement of schs 1 to 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Schedule 1 Plan area Schedule 2 Subcatchment areas 47 Amendment of sch 4 (Nodes). . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 48 Replacement of sch 5 (Environmental flow objectives) . . . . . . . . 32 Schedule 5 Environmental flow objectives 49 Amendment of sch 6 (Water allocation security objectives) . . . . . 38 50 Amendment of sch 7 (Total volumes for water allocation groups) 38 51 Amendment of sch 9 (Priority areas) . . . . . . . . . . . . . . . . . . . . . . 38 52 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 39 Page 4 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 1] 1 Short title This plan may be cited as the Water Resource (Barron) Amendment Plan (No. 1) 2015 . 2 Plan amended This plan amends the Water Resource (Barron) Plan 2002. 3 Amendment of s 2 (Purposes of plan) Section 2(a) and (b)— omit , insert — (a) to define the availability of water in the plan area; and (b) to provide a framework for sustainably managing water and the taking of water; and (c) to identify priorities and mechanisms for dealing with future water requirements; and (d) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems; and (e) to provide a framework for establishing water allocations; and (f) to regulate the taking of groundwater. 4 Replacement of ss 5 and 6 Sections 5 and 6— omit , insert — 5 Groundwater management areas Each part of the plan area shown as a groundwater management area on the map in schedule 1 is a groundwater management area for this plan. 2015 SL No. 117 Page 5

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 5] 5 Amendment of s 7 (Subcatchment areas) Section 7, ‘3’— omit , insert — 2 6 Replacement of s 8 (Information about areas) Section 8— omit , insert — 8 Information about areas The exact location of the boundaries of the plan area, groundwater management areas and subcatchment areas is held in digital electronic form by the department and may be accessed, free of charge, at each office of the department. Editor’s note — The location of each office of the department is available at < 7 Replacement of s 10 (Water to which plan applies) Section 10— omit , insert — 10 Water to which plan applies This plan applies to the following water in the plan area— (a) water in a watercourse, lake or spring ( surface water ) in the plan area; (b) underground water ( groundwater ). 8 Replacement of pt 3, divs 1 and 2 Part 3, divisions 1 and 2— omit , insert — Page 6 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 8] 11 Outcomes for water in plan area (1) This part states the outcomes for the sustainable management of water to which this plan applies. (2) Without limiting subsection (1), the outcomes include the allocation and management of water in a way that— (a) recognises that the natural state of watercourses, lakes, springs and aquifers has changed because of the taking of, and interfering with, water; and (b) achieves a balance in the following outcomes— (i) the economic outcomes mentioned in section 12; (ii) the social outcomes mentioned in section 13; (iii) the ecological outcomes mentioned in section 14. 12 Economic outcomes Each of the following is an economic outcome for water in the plan area— (a) the provision for the continued use of all water entitlements and other authorisations to take or interfere with water; (b) the protection of the probability of being able to take water under a water entitlement; (c) the allowing of water to be used for the following— (i) agriculture; (ii) aquaculture; (iii) hydro-electric power generation; (iv) industrial needs; 2015 SL No. 117 Page 7

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 8] (v) small scale uses; (vi) stock purposes; (vii) tourism and recreational uses; (viii)urban needs; (d) the encouragement of continual improvement in the efficient use of water; (e) the provision of mechanisms that support water being made available for the following— (i) growth in industries dependent on water resources in the plan area; (ii) stock purposes in the plan area; (iii) particular groundwater licences in the Atherton groundwater management area. 13 Social outcomes Each of the following is a social outcome for water in the plan area— (a) the provision of a reliable and secure supply of water from the plan area during the time this plan is in force; (b) the maintenance of flows to areas of significant cultural, tourism and recreational value, including the Barron Falls, Barron Gorge and Tinaroo Falls Dam; (c) the support of water-related cultural values of Aboriginal and Torres Strait Islander communities in the plan area; (d) the ensuring of availability of water for— (i) domestic purposes in the plan area; and Page 8 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 8] (ii) meeting increased demand for urban water supply for Cairns local government area from Lake Placid. 14 Ecological outcomes Each of the following is an ecological outcome for water in the plan area— (a) maintenance of flows that support— (i) the habitats of native plants and animals in watercourses, lakes and springs; and (ii) riparian systems and their functions influencing the riverine ecosystems; and (iii) native plants and animals associated with watercourses, lakes and springs and riparian zones; and (iv) long term water quality suitable for riverine and estuarine ecosystems; and (v) existing geomorphic features and processes; and (vi) the continued capability of one part of a river system to be connected to another— (A) throughout the watercourse network; and (B) within riparian zones, floodplains, watercourses, lakes and springs; and (vii) wet season flow to benefit native plants and animals in estuaries; and (viii)the health and persistence of waterholes; and 2015 SL No. 117 Page 9

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 9] (ix) ecosystem food chains, their balance and the movement of carbon energy; (b) the management and allocation of groundwater in the plan area to maintain groundwater contributions to— (i) the flow of water in watercourses, lakes and springs; and (ii) groundwater dependent ecosystems; (c) the management and allocation of water in the Barron River catchment area to provide a flow regime to maintain— (i) delivery of freshwater, sediment, nutrients and organic matter to the river’s estuary; and (ii) the brackish water habitat in the estuary; (d) the management and allocation of water in Flaggy Creek to protect areas and species of significant conservation value associated with the creek. 9 Amendment of s 19 (Performance indicators for water allocation security objectives) Section 19(b)(ii), ‘CB and CC’— omit , insert — CB, CC and HB 10 Amendment of pt 5, hdg (Strategies for achieving outcomes (surface water)) Part 5, heading, ‘(surface water)’— omit , insert — for surface water and groundwater Page 10 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 11] 11 Amendment of s 21 (Application of pt 5) Section 21, ‘only to surface water’— omit , insert — to surface water and groundwater 12 Omission of s 24 (Taking or interfering with water from waterholes or lakes) Section 24— omit . 13 Replacement of pt 5, div 2, hdg (Dealing with unallocated water under a resource operations plan) Part 5, division 2, heading— omit , insert — Division 2 Unallocated water 14 Insertion of new ss 24–24C Part 5, division 2— insert — 24 Unallocated water reserves Unallocated water in the plan area is held as a general reserve or a strategic reserve. 24A Purpose for which unallocated water may be granted Unallocated water in the plan area may be granted only for the following purposes— (a) for unallocated water held as a general reserve—any purpose; (b) for unallocated water held as a strategic reserve—town water supply. 2015 SL No. 117 Page 11

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 15] 24B Reserve volumes (1) The total of the volumetric limits for all water entitlements to take unallocated water from the general reserve in subcatchment area B is 300ML. (2) The total of the volumetric limits for all water entitlements to take unallocated water from the strategic reserve in subcatchment area A is 4000ML. (3) For unallocated water mentioned in subsection (2), the reserve is only available to be taken from the Barron River at Lake Placid for use in the Cairns local government area. 24C Process for granting unallocated water—Act, ss 122 and 212 (1) The process for granting unallocated water under a water allocation or a water licence is a process stated in the WaterRegulation2002 , part 2, division 1C. (2) The chief executive must— (a) keep a record of the volume of unallocated water available; and (b) update the record after unallocated water has been granted. 15 Amendment of s 25 (Matters chief executive must consider) Section 25(1), from ‘In’ to ‘plan,’— omit , insert — In implementing a process for dealing with unallocated water, Page 12 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 16] 16 Replacement of pt 5, div 3, hdg (Determining operational and supply arrangements for water infrastructure) Part 5, division 3, heading— omit , insert — Division 3 Authorised taking or interfering with water without water entitlement 17 Insertion of new ss 26 and 26A Part 5, division 3— insert — 26 Limitations on taking or interfering with water—Act, s 20(2) (1) This section prescribes for section 20(2) of the Act limitations for taking water under that section. (2) The total volume of water that may be taken or interfered with for activities prescribed by regulation for section 20(2)(a) of the Act is— (a) for water taken from part of a watercourse used for distribution of water by a resource operations licence holder—0ML; and (b) for water taken in subcatchment area C or H—20ML. Note — The part of the plan area included in subcatchment areas C and H is the same part included in the Atherton groundwater management area. The 20ML of water that may be taken or interfered with under paragraph (b) includes surface water and groundwater. (3) A person must not take, under section 20(2)(c) of the Act, groundwater in the Atherton groundwater management area or the Cairns 2015 SL No. 117 Page 13

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 18] Northern Beaches groundwater management area other than for stock or domestic purposes. Note — A person with a water licence or permit that allows the taking of groundwater in the Atherton groundwater management area or the Cairns Northern Beaches groundwater management area may take groundwater from the groundwater management area under the licence or permit. 26A Taking water for stock or domestic purposes For section 20A(5)(a) of the Act, an owner of land may take water, in any way, from a watercourse (other than a part of a watercourse used for distribution of water by a holder of a resource operations licence), lake or spring in the plan area for stock or domestic purposes. 18 Insertion of new pt 5A hdg After section 26A, as inserted— insert — Part 5A Additional strategies for achieving outcomes for surface water 19 Insertion of new pt 5A, div 1 After part 5A heading, as inserted— insert — Division 1 Preliminary 26B Application of pt 5A This part applies to surface water. Page 14 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 20] 20 Insertion of new pt 5A, div 2 hdg Part 5A, after section 26B, as inserted— insert — Division 2 Operational and supply arrangements for water infrastructure 21 Insertion of new pt 5A, div 3 Part 5A as inserted, after section 27— insert — Division 3 Interference with water in a watercourse, lake or spring 28 Application of div 3 This division applies to an application, made under section 206 of the Act, for a water licence to interfere with water in a watercourse, lake or spring by impounding the flow of water. 29 Limitations on interference with water The water licence may be granted only if the purpose of the proposed interference is a purpose provided for in this division. 29A Interference with water to enable taking of water for stock or domestic purposes (1) This section applies if the purpose of the proposed interference with water is to store water to be taken under an authorisation for stock or domestic purposes. (2) The storage capacity of the proposed interference must not be greater than— 2015 SL No. 117 Page 15

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 21] (a) for a water licence to interfere with water in subcatchment area A, B, C or H—20ML; or (b) otherwise—200ML. 29B Interference with water for provision of pumping pool (1) This section applies if the purpose of the proposed interference with water is to provide a pumping pool to enable water to be taken under an authorisation. (2) The storage capacity of the pumping pool must not be greater than 2ML. (3) In this section— pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly. 29C Interference with water to improve security for town water supply (1) This section applies if the purpose of the proposed interference with water is to provide improved security for town water supplies taken under an authorisation. (2) The chief executive must not grant the application unless the chief executive is satisfied— (a) the town has appropriate water supply security strategies, such as demand and drought management strategies, in place; and (b) there is a demonstrated need for an increased reliability of the water supply. Page 16 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 22] 29D Interference with water to store water for purpose not related to the taking of water under water entitlement (1) This section applies if the purpose of the proposed interference with water is to store water for a purpose not related to the taking of water under a water entitlement. Examples of a purpose for subsection (1) — community landscaping, retention of water for flood mitigation purposes (2) The interference must not be greater than the volume necessary for the purpose of the interference. 29E Interference with water related to the granting of unallocated water (1) This section applies if the purpose of the proposed interference with water is related to the granting of unallocated water under the process mentioned in section 24C. (2) The interference must not be greater than is necessary for the purpose of taking the unallocated water. 22 Amendment of s 37 (Elements of water allocation to take unsupplemented water) Section 37(a) to (e)— omit , insert — (a) the nominal volume for the allocation; (b) the annual volumetric limit for the allocation; (c) the daily volumetric limit for the allocation; (d) the flow conditions under which water may be taken. 2015 SL No. 117 Page 17

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 23] 23 Amendment of s 39 (Annual volumetric limit) Section 39(a) and (b), ‘and’— omit , insert — or 24 Omission of s 39A (Seasonal volumetric limit) Section 39A— omit . 25 Amendment of s 40A (Daily volumetric limit) (1) Section 40A(1)(a) and (b)(ii), ‘and’— omit , insert — or (2) Section 40A(3)— omit . 26 Omission of s 41 (Maximum rates for taking unsupplemented water) Section 41— omit . 27 Amendment of s 43 (Water allocation groups) Section 43— insert — (2) A water allocation to take unsupplemented water in subcatchment area H belongs to the class HB water allocation group. 28 Amendment of s 44 (Elements of water licence) (1) Section 44(c)— Page 18 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 29] omit . (2) Section 44(d) to (f)— renumber as section 44(c) to (e). (3) Section 44— insert — (2) However— (a) subsection (1)(b) does not apply to a licence that states a purpose of ‘hydro-electric’ or ‘relift’; and (b) subsection (1)(c) does not apply to a licence that states a purpose of ‘relift’. 29 Amendment of s 44A (Purpose to be stated on water licence) (1) Section 44A(1)— insert — (ba) if the purpose stated on the existing licence is relift or a similar purpose—‘relift’; or (bb) if the purpose stated on the existing licence is hydro-electric or a similar purpose—‘hydro-electric’; or (2) Section 44A(1)(ba) to (c)— renumber as section 44A(1)(c) to (e). 30 Amendment of s 45 (Nominal entitlement) Section 45(2)(a) and (b)(iii), ‘and’— omit , insert — or 31 Omission of s 45A (Seasonal volumetric limit) Section 45A— 2015 SL No. 117 Page 19

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 32] omit . 32 Replacement of s 46 (Maximum rates for taking unsupplemented water) Section 46— omit , insert — 46 Maximum rates for taking unsupplemented water The maximum rate at which unsupplemented water may be taken under a water licence is— (a) for an authorisation that states a maximum rate—the stated rate; or (b) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size mentioned in schedule 8, column 1— (i) if the authorisation holder demonstrates that the actual rate at which water can be taken is different from the rate stated in column 2 of the schedule for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which the water may be taken; and (B) the water-taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and Page 20 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 33] (D) the efficiency of the water use mentioned in sub-subparagraph (C); or (ii) otherwise—the rate stated in column 2 of the schedule for the pump size; or (c) for an authorisation that does not state a maximum rate but for which a related development permit states a pump size other than a pump size mentioned in schedule 8, column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b)(i)(A) to (D); or (d) for another authorisation—the rate decided by the chief executive having regard to— (i) the nature of the authorisation; and (ii) an estimate or measurement of the rate at which water is taken under the authorisation. 33 Omission of pt 5A, div 7 (Moratorium notice) Part 5A as inserted, division 7— omit . 34 Replacement of pt 6, hdg (Strategies for achieving outcomes (subartesian water)) Part 6, heading— omit , insert — Part 6 Additional strategies for achieving outcomes for groundwater 35 Amendment of s 48 (Application of pt 6) Section 48, ‘only to subartesian water’— 2015 SL No. 117 Page 21

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 36] omit , insert — to groundwater 36 Amendment of s 49 (Elements of water licence) Section 49, ‘subartesian water’— omit , insert — groundwater 37 Amendment of s 49A (Purpose to be stated on water licence) Section 49A, ‘subartesian water’— omit , insert — groundwater 38 Omission of s 50 (Limitation on taking water—Act, s 20(2)) Section 50— omit . 39 Amendment of s 51 (Relationship with SustainablePlanning Act 2009) (1) Section 51(1) and (2)— omit , insert — (1) Works for taking or interfering with groundwater in the Atherton groundwater management area or the Cairns Northern Beaches groundwater management area are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(c)(i). (2) Section 51(3), ‘subsections (1) and (2) do’— omit , insert — Page 22 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 39] subsection (1) does (3) Section 51(3)(a) and example, (b) and (c), ‘subartesian water’— omit , insert — groundwater (4) Section 51(3)(d)— omit , insert — (d) a water bore (the first bore ), for taking groundwater for a purpose other than a stock or domestic purpose, that is constructed, erected or installed more than 200m from a watercourse and— (i) more than 400m from another water bore; or (ii) if the first bore is constructed within 400m of another water bore (the second bore )— (A) the second bore is situated on land owned by the landholder constructing, erecting or installing the first bore; or (B) the owner of the land on which the second bore is situated has given written consent to the construction, erection or installation of the first bore; (5) Section 51(4), definition previous bore , after paragraph (a)— insert — (aa) for which the construction did not require a development permit; or (6) Section 51(4), definition previous bore , paragraphs (aa) and (b)— renumber as section 51(4), definition previous bore , paragraphs (b) and (c). 2015 SL No. 117 Page 23

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 40] (7) Section 51(3) and (4)— renumber as section 51(2) and (3). 40 Replacement of pt 6, div 2 Part 6, division 2— omit , insert — Division 2 Criteria for amending particular water licences in Atherton groundwater management area to achieve plan outcomes 52 Purpose of div 2 The purpose of this division is to support water being made available in the Atherton groundwater management area by providing for the nominal entitlements, decided under particular criteria, for amended water licences in the Atherton groundwater management area. 53 Application of div 2 (1) This division applies to an existing water licence to take groundwater within former subartesian management area B if— (a) the licence was granted on an application (the original application ) for a new or amended water licence made between 7 November 2002 and 27 November 2006; and (b) the original application indicated the water was required for the purpose of irrigation; and Page 24 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 40] (c) when the original application was decided, the nominal entitlement stated on the licence granted was— (i) less than the maximum annual volume of water applied for in the original application; and (ii) not more than 5ML each hectare of land proposed to be irrigated in the original application; and (d) the licence has not, before the commencement, been amended in accordance with a direction or order of the Land Court; and (e) on or before 16 January 2015, the holder of the licence asked the chief executive, in writing, to act under this division in relation to the nominal entitlement for the amended water licence. (2) In this section— former subartesian management area B means subartesian management area B under the Water Resource (Barron) Plan 2002 as in force immediately before the commencement. 54 Definitions for div 2 In this division— amended water licence means a water licence to which this division applies that is amended under section 217 of the Act because of the commencement of this division. original application , for a water licence, see section 53(1)(a). previous nominal entitlement , for a water licence, means the nominal entitlement stated on the licence immediately before the amendment of 2015 SL No. 117 Page 25

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 40] the licence under section 217 of the Act because of the commencement of this division. unamended water licence means a water licence as in force immediately before the amendment of the licence under section 217 of the Act because of the commencement of this division. 55 Nominal entitlement for amended water licences (1) The nominal entitlement for an amended water licence is the nominal entitlement for the licence decided by the chief executive having regard to the matters mentioned in section 56, but not more than— (a) 5ML each hectare of land area proposed to be irrigated in the original application for the licence; or (b) the amount equal to 5ML each hectare of irrigable land for the unamended water licence less the total volumetric limits of all other water entitlements that, as at 1 July 2014, authorised the taking of water for use on the supplied land for the unamended water licence. (2) If, before the commencement, a licence to which this division applies was subdivided, amalgamated or transferred, the chief executive must apply the limitation criteria mentioned in subsection (1)(a) and (b) proportionally to the subdivided, amalgamated or transferred licence. (3) In this section— irrigable land , for an unamended water licence, means the irrigable area of the supplied land for the unamended water licence. Page 26 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 40] supplied land , for a water licence, means all land parcels supplied by the water licence as at 1 July 2014. 56 Criteria for deciding nominal entitlement (1) In deciding the nominal entitlement for an amended water licence, the chief executive must have regard to the following matters— (a) the previous nominal entitlement of the water licence; (b) the extent to which the potential productive capacity of the licence holder’s proposed enterprise is dependent on groundwater; (c) the area proposed to be irrigated under the amended licence for the purposes of the licence holder’s proposed enterprise; (d) the efficiency of the use of groundwater in conducting the licence holder’s proposed enterprise; (e) the local availability of groundwater; (f) the effect that amending the nominal entitlement of the licence under this division will have on the achievement of the social, economic and ecological outcomes under part 3; (g) any submission about this division of the proposed amending plan that is made before the commencement by the licence holder under section 49 of the Actas applied by section 56 of the Act. (2) Subsection (1) does not limit the matters the chief executive may consider for deciding the nominal entitlement. (3) In this section— 2015 SL No. 117 Page 27

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 41] proposed amending plan means the proposed amending water resource plan, prepared by the Minister under chapter 2, part 3, division 2, subdivision 5 of the Act, to amend this plan on the commencement. 41 Amendment of pt 6, div 3, hdg (Strategies for Cairns Northern Beaches Subartesian Area only) Part 6, division 3, heading, ‘Subartesian Area’— omit , insert — groundwater management area 42 Amendment of s 57B (Decisions about taking subartesian water) (1) Section 57B, ‘subartesian water’— omit , insert — groundwater (2) Section 57B(1), ‘Subartesian Area’— omit , insert — groundwater management area 43 Amendment of s 57C (Restriction on nominal entitlement) Section 57C, ‘subartesian water in the Cairns Northern Beaches Subartesian Area’— omit , insert — groundwater in the Cairns Northern Beaches groundwater management area 44 Amendment of s 64 (Minor amendment of plan—Act, s 57) Section 64(j)— omit . Page 28 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 45] 45 Omission of pt 10 (Transitional provision for Water Resource (Barron) Amendment Plan (No. 1) 2009 Part 10— omit . 46 Replacement of schs 1 to 3 Schedules 1 to 3— omit , insert — 2015 SL No. 117 Page 29

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 46] Schedule 1 Plan area sections 4, 5 and 9 LOCALITY # CAIRNS # TOWNSVILLE ´ # MACKAY PLAN AREA BRISBANE # 1 - Barron River at river mouth (AMTD 0.0km) 2 - Barron River at Myola (AMTD 27.1km) 3 - Barron River at Bilwon (AMTD 49.3km) 4 - Barron River at Mareeba (AMTD 70.2km) 5 - Barron River at Tinaroo Falls (AMTD 101.1km) 6 - Barron River at Picnic Crossing (AMTD 127.0km) 7 - Barron River at Goonara (AMTD 143.7km) 8 - Flaggy Creek at recorder (AMTD 13.0km) 9 - Freshwater Creek at Freshwater (AMTD 14.6km) 10 - Walsh River at Nullinga (AMTD 259.7km) 11 - Walsh River at Flatrock (AMTD 197.9km) 12 - Mitchell River downstream of Biboohra (AMTD 601.2km) 11 ! # DIMBULAH Leadingham k F la ggy C Lake Mitchell 3 ! ! 12 ! 8 2 ! # KURANDA 1 ! o Mi leMiClke Ck C k Douglas C Four Tw MAREEBA # ! 4 Sh an ty Ck es Ck l ohesy Rive r Davi Ck Em Granite Ck Ath erto erald Ck n Ck MUTCHILBA # 10 ! # WALKAMIN Tinaroo C k 5 ! Lake Tinaroo Freshwater Ck # 9 ! CAIRNS Lake Morris # PETFORD E Ec ur eka Ck cles Ck Mur phys Gibbs Ck Ck W a l sh Riv e r TOLGA # M K a A z I l R in I C # k ATHERTON # 6 ! # YUNGABURRA ver Ri ! 7 Barron # HERBERTON IRVINEBANK # Emu Ck 0 5 10 20 30 40 50 Kilometres Legend # Towns ! Nodes Lakes Mareeba - Dimbulah Water Supply Scheme Plan Area Atherton Groundwater Management Area Cairns Northern Beaches Groundwater Management Area CAS1479 - 01 Page 30 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 46] Schedule 2 Subcatchment areas LOCALITY # CAIRNS # TOWNSVILLE ´ # MACKAY PLAN AREA BRISBANE # section 7 Flaggy Ck # PETFORD Lake Mitchell # KURANDA Ec ! G cles Ck Leadingham C k A t h ert Sh B Douglas Ck ! D Fou r Two Mile CkMile Ck ! A an ty Ck # MAREEBA Davies Clohesy Ck River Freshwater Ck ! B CAIRNS # Lake Morris Em Granite Ck on erald Ck Ck MUTCHILBA # # DIMBULAH ! E Eureka Ck Mur phys Ck W Tinaroo Ck # WALKAMIN arron R iv er ! H Lake Tinaroo TOLGA # K M A a I z R lin I # Ck ! F a ls h Riv e r # # ! C ATHERTON YUNGABURRA Barron River Gi I b R b V s IN C E k BANK # Emu Ck # HERBERTON 0 5 10 20 30 40 50 Kilometres Legend # Towns Lakes Plan Area Subcatchment Areas CAS1479 - 02 2015 SL No. 117 Page 31

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 47] 47 Amendment of sch 4 (Nodes) (1) Schedule 4, entry for node 7, ‘146.0km’— omit , insert — 143.7km (2) Schedule 4, entry for node 9, ‘23.1km’— omit , insert — 14.6km 48 Replacement of sch 5 (Environmental flow objectives) Schedule 5— omit , insert — Page 32 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 48] Schedule 5 Environmental flow objectives section 18 Part 1 Low flow objectives 1 At node 8 mentioned in table 1, the 50% daily flow be at least the flow stated for each water flow season in the table between 49% and 50% of the total number of days in the water flow season in the simulation period. Table 1 Column 1 Node Column 2 Column 3 January–April 50% May–August 50% daily flow daily flow Column 4 September–December 50% daily flow 8 122 47 7 2 At each node mentioned in table 2, the percentage of the total number of days in the water flow season in the simulation period that the 50% daily flow stated for the water flow season for the node in the table is equalled or exceeded be at least the percentage stated in the table. Column 1 Column 2 Node January–April 1 37% 2 36% Table 2 Column 3 May–August 38% 37% Column 4 September–December 15% 15% 2015 SL No. 117 Page 33

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 48] Column 1 Column 2 Node January–April Column 3 May–August Column 4 September–December 4 22% 30% 10% 5 10% 9 34% 25% 7% 17% 6% 3 At node 8 mentioned in table 3, the 90% daily flow be at least the flow stated for each water flow season in the table between 89% and 90% of the total number of days in the water flow season in the simulation period. Column 1 Node Column 2 January–April 90% daily flow Table 3 Column 3 May–August 90% daily flow Column 4 September–December 90% daily flow 84 15 1 4 At each node mentioned in table 4, the percentage of the total number of days in the water flow season in the simulation period that the 90% daily flow stated for the water flow season for the node in the table is equalled or exceeded be at least the percentage stated in the table. Column 1 Column 2 Node January–April 1 74% 2 71% 4 50% Table 4 Column 3 May–August 57% 56% 43% Column 4 September–December 30% 50% 35% Page 34 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 48] Column 1 Column 2 Node January–April Column 3 May–August Column 4 September–December 5 13% 38% 32% 9 59% 24% 8% 5 At each node mentioned in table 5, the percentage of the total number of days in the simulation period on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2 of the table. Column 1 Node 1, 2, 3, 4, 5, 6, 7, 9 8 10 11 12 6 7 Table 5 Column 2 Minimum–Maximum percentage 0–1 0–14 5–25 26–46 0–63 At nodes 1 to 7 and 9, there be no periods of no flow of at least 1 month in the simulation period. At node 8, in the simulation period, there be— (a) between 6 and 8 periods of no flow of at least 1 month but less than 3 months; and (b) between 1 and 3 periods of no flow of at least 3 months. 2015 SL No. 117 Page 35

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 48] Part 2 Medium to high flow objectives 8 At each node mentioned in table 6, column 1— (a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern, be at least the percentage stated for the node in column 2 of the table; and (b) the 1.5 year daily flow volume (the 1.5 year DFV ), expressed as a percentage of the 1.5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 3 of the table; and (c) the 5 year daily flow volume (the 5 year DFV ), expressed as a percentage of the 5 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 4 of the table; and (d) the 10 year daily flow volume (the 10 year DFV ), expressed as a percentage of the 10 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 5 of the table; and (e) the 20 year daily flow volume (the 20 year DFV ), expressed as a percentage of the 20 year DFV for the pre-development flow pattern, be at least the percentage stated for the node in column 6 of the table. Page 36 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 48] Table 6 Column 1 Column 2 Column 3 Node Mean annual 1.5 year flow % DFV % Column 4 5 year DFV % Column 5 10 year DFV % Column 6 20 year DFV % 1 75 84 88 86 84 2 73 85 86 86 85 3 60 71 73 72 72 4 47 43 46 48 50 5 27 2 11 18 28 6 88 99 — — — 7 93 99 — — — 8 99.9 99.9 — — — 9 65 63 71 72 72 10 99 99 — — — 11 99 99 — — — 12 99 99 — — — Part 3 Seasonal flow objectives 9 At nodes 1 to 12, the flow regime class be maintained as late summer flow regime class. 10 At each node mentioned in table 7, column 1, the annual proportional flow deviation be not more than the annual proportional flow deviation stated for the node in column 2 of the table. 2015 SL No. 117 Page 37

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 49] Column 1 Node 1 2 3 4 5 9 11 Table 7 Column 2 Annual proportional flow deviation 1.5 1.5 1.9 2.3 3.2 1.7 1.4 49 Amendment of sch 6 (Water allocation security objectives) (1) Schedule 6, part 2, item 3, table 1— insert — HB 100 90 (2) Schedule 6, part 2, item 4, table 2— insert — 85 — HB 60 50 Amendment of sch 7 (Total volumes for water allocation groups) Schedule 7, table— insert — HB 2210 51 Amendment of sch 9 (Priority areas) (1) Schedule 9, section 2— omit , insert — Page 38 2015 SL No. 117

Water Resource (Barron) Amendment Plan (No. 1) 2015 [s 52] 2 Barron River priority area The Barron River priority area consists of the Barron River and its tributaries upstream of Lake Tinaroo. (2) Schedule 9— insert — 3 Tolga priority area The Tolga priority area consists of— (a) Cherry Creek and its tributaries; and (b) Spring Creek and its tributaries; and (c) Rocky Creek and its tributaries. 52 Amendment of sch 10 (Dictionary) (1) Schedule 10, definitions existing works , seasonal volumetric limit , started , subartesian area , subartesian management area A , subartesian management area B and surface water — omit . (2) Schedule 10— insert— amended water licence , for part 6, division 2, see section 54. groundwater see section 10(b). groundwater management area means a groundwater management area under section 5. original application , for a water licence, for part 6, division 2, see section 53(1)(a). previous nominal entitlement , for a water licence, for part 6, division 2, see section 54. surface water see section 10(a). unamended water licence , for part 6, division 2, see section 54. 2015 SL No. 117 Page 39

Water Resource (Barron) Amendment Plan (No. 1) 2015 ENDNOTES 1 Approved by the Governor in Council on 3 September 2015. 2 Notified on the Queensland legislation website on 4 September 2015. 3 The administering agency is the Department of Natural Resources and Mines. © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 40 2015 SL No. 117