Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 (Qld)

Queensland Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Subordinate Legislation 2009 No. 212 made under the Water Act 2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Amendment of s 2 (Purposes of plan) . . . . . . . . . . . . . . . . . . . . . 7 4 Insertion of new ss 5A and 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5A Groundwater management area and groundwater sub-areas ............................. 7 5B Watercourse area and declaration about watercourse—Act, s 1006(2) . . . . . . . . . . . . . . . . . . . 7 5 Amendment of s 6 (Information about areas) . . . . . . . . . . . . . . . . 8 6 Amendment of s 7 (Nodes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 7 Amendment of s 8 (Water to which plan applies) . . . . . . . . . . . . . 8 8 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8A Outcomes for water in plan area . . . . . . . . . . . . . . . . 9 9 Amendment of s 9 (General outcomes) . . . . . . . . . . . . . . . . . . . . 9 10 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9A General outcomes for groundwater . . . . . . . . . . . . . . 10 11 Amendment of s 10 (General ecological outcomes) . . . . . . . . . . 11 12 Replacement of pt 3, div 2 hdg (Ecological outcomes for particular parts of the plan area) . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Amendment of s 12 (Estuaries) . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Amendment of s 13 (Blacks Creek and Pioneer River) . . . . . . . . 12

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Contents 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 2 Amendment of s 14 (Subcatchment areas 2, 3 and 4). . . . . . . . . Amendment of s 15 (Subcatchment area 12). . . . . . . . . . . . . . . . Amendment of s 16 (Palm Tree Creek) . . . . . . . . . . . . . . . . . . . . Amendment of s 17 (Silver Creek) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 18 (Teemburra Creek) . . . . . . . . . . . . . . . . . . . . Insertion of new pt 3, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 General ecological outcomes for groundwater 18A General ecological outcomes . . . . . . . . . . . . . . . . . . . Insertion of new pt 4, div 1, sdiv 1 hdg . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (Performance indicators for environmental flow objectives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 20 (Environmental flow objectives) . . . . . . . . . . Insertion of new pt 4, div 1, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Groundwater 20A Environmental flow objectives . . . . . . . . . . . . . . . . . . 20B Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems .......................... 20C Performance indicator for environmental flow objectives—seawater intrusion. . . . . . . . . . . . . . . . . . Amendment of s 21 (Performance indicators for water allocation security objectives). . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 22 (Water allocation security objectives). . . . . . Insertion of new pt 4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 4A General strategies for achieving outcomes for surface water and groundwater Division 1 Particular strategies for achieving outcomes 22A Amending in conjunction water licences and standby water licences . . . . . . . . . . . . . . . . . . . . . . . . 22B Nominal entitlement or annual volumetric limit . . . . . . Division 2 Moratorium notices and arrangements for applications made before 25 June 2003 22D Continued effect of moratorium notice published on 25 June 2003 and subsequently amended—Act, s 46(3) . . . . . . . . . . . . . . . . . . . . 22E Particular applications accepted but not dealt with before 25 June 2003. . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Measuring devices 22F Volume . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 13 13 13 13 14 14 14 14 15 15 15 15 16 16 16 16 18 21 23 24 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Contents 22G Electrical conductivity—groundwater . . . . . . . . . . . . . 24 28 Amendment of pt 5, hdg (Strategies for achieving outcomes) . . . 25 29 Amendment of s 23 (Decisions consistent with objectives) . . . . . 25 30 Amendment of s 24 (Assessing impact of decisions). . . . . . . . . . 25 31 Amendment of s 25 (Taking or interfering with water from waterholes or lakes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 32 Amendment of s 26 (Matters chief executive must consider) . . . . 26 33 Amendment of s 27 (Licences for unallocated water in subcatchment area 12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 34 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 30A Granting water licences to take declared water . . . . . 26 35 Amendment of s 33 (Conditions of authorisations) . . . . . . . . . . . 27 36 Amendment of s 34 (Location for taking water) . . . . . . . . . . . . . . 27 37 Amendment of s 40 (Nominal volume for unsupplemented water) 27 38 Amendment of s 45 (Water allocation groups for unsupplemented water allocations) . . . . . . . . . . . . . . . . . . . . . . . 28 39 Replacement of s 46 (Volume of unsupplemented water) . . . . . . 28 46 Water licences to take unsupplemented water . . . . . . 28 40 Amendment of s 47 (Annual volumetric limit for unsupplemented water) . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 41 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 48A Purpose to be stated on water licence . . . . . . . . . . . . 29 42 Replacement of pt 5, div 7, hdg (Moratorium notice) . . . . . . . . . . 30 43 Insertion of new s 48B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 48B Taking declared water for stock or domestic purposes authorised. . . . . . . . . . . . . . . . . . . . . . . . . . 30 44 Amendment, relocation and renumbering of s 49 (Continued effect of moratorium notice—Act, s 46(3)) . . . . . . . . . . . . . . . . . . 30 45 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 5A Strategies for achieving outcomes (groundwater) Division 1 Preliminary 49 Decisions consistent with objectives . . . . . . . . . . . . . 31 49A Assessing impact of decisions . . . . . . . . . . . . . . . . . . 31 49B Limitation on taking groundwater—Act, s 20(6) . . . . . 32 49C Restrictions on taking groundwater . . . . . . . . . . . . . . 32 49D Decisions not to increase amount of groundwater taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 2009 SL No. 212 Page 3

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Contents Page 4 Division 2 Environmental management rules, water sharing rules and water allocation change rules 49E Matters to be considered for environmental management rules . . . . . . . . . . . . . . . . . . . . . . . . . . . 49F Matters to be considered for water sharing rules . . . . 49G Matters to be considered for water allocation change rules ........................ Division 3 Unallocated groundwater 49H Unallocated groundwater . . . . . . . . . . . . . . . . . . . . . . Division 4 Authorisations for purpose other than stock or domestic purposes 49I Taking groundwater using existing works authorised ........................ Division 5 Granting water licences 49J Granting water licences for authorisation 4 . . . . . . . . Division 6 Converting authorisations to water allocations 49K Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 49L Elements of a water allocation . . . . . . . . . . . . . . . . . . 49M Nominal volume . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49N Annual volumetric limit . . . . . . . . . . . . . . . . . . . . . . . . 49O Purpose to be stated on water allocation . . . . . . . . . . 49P Conditions for water allocations . . . . . . . . . . . . . . . . . 49Q Water allocation groups . . . . . . . . . . . . . . . . . . . . . . . Division 7 Amending water licences Subdivision 1 Amending particular water licences 49R Authorisations 5, 14, 15 and 16—Act, s 217 . . . . . . . Subdivision 2 Amending water licences generally 49S Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 49T Elements of water licences. . . . . . . . . . . . . . . . . . . . . 49U Nominal entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . 49V Purpose to be stated on water licence . . . . . . . . . . . . 49W Conditions may be imposed on water licences . . . . . Subdivision 3 Annual entitlements for particular water licences 49X Authorisation 8, 10 or 12 . . . . . . . . . . . . . . . . . . . . . . 49Y Authorisation 5, 13 or 15 . . . . . . . . . . . . . . . . . . . . . . 49Z Announced entitlement. . . . . . . . . . . . . . . . . . . . . . . . 35 36 37 38 38 39 39 39 40 41 42 42 42 42 43 43 43 44 44 44 45 45 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Contents Division 8 Review of particular water licences 49ZA Process and criteria for review . . . . . . . . . . . . . . . . . . 46 Division 9 Authorisations for stock or domestic purposes 49ZB Taking groundwater authorised . . . . . . . . . . . . . . . . . 48 Division 10 Miscellaneous 49ZC Relationship with Integrated Planning Act 1997 . . . . . 49 46 Amendment of s 50 (Monitoring) . . . . . . . . . . . . . . . . . . . . . . . . . 50 47 Amendment of s 54 (Implementation schedule). . . . . . . . . . . . . . 50 48 Amendment of s 56 (Minor amendment of plan—Act, s 57) . . . . 51 49 Replacement of schs 1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Schedule 1 Plan area and location of surface water nodes Schedule 2 Subcatchment areas Schedule 2A Groundwater management area and location of groundwater nodes Schedule 2B Groundwater sub-areas Schedule 2C Watercourse area Schedule 3 Nodes 50 Amendment of sch 4 (Environmental flow objectives) . . . . . . . . . 60 51 Amendment of sch 5 (Water allocation security objectives) . . . . . 63 52 Amendment of sch 6 (Total volumes for water allocation groups) 64 53 Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Schedule 6A Annual volumetric limit for groundwater 54 Amendment of sch 7 (Rates and pump sizes) . . . . . . . . . . . . . . . 68 55 Replacement of sch 8 (Water allocation groups) . . . . . . . . . . . . . 68 Schedule 8 Water allocation groups 56 Amendment of sch 9 (Priority areas) . . . . . . . . . . . . . . . . . . . . . . 70 57 Insertion of new schs 9A–9C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Schedule 9A Coastline and seawater intrusion baseline Schedule 9B Domestic areas Schedule 9C Annual entitlement Part 1 2009–2010 water year 1 Groundwater sub-area 11, 15, 16 or 17 . . . . . . . . . . . 73 Part 2 2010–2011 water year 2 Groundwater sub-area 11, 15, 16 or 17 . . . . . . . . . . . 74 Part 3 2011–2012 water year 3 Groundwater sub-area 11, 15A or 15B . . . . . . . . . . . 74 2009 SL No. 212 Page 5

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Contents 4 Groundwater sub-area 15C, 15D, 16 or 17 . . . . . . . . Part 4 2012–2013 water year 5 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm . . . . . . . . . . . . . 6 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more . . . . . . . . . . . . . . Part 5 2013–2014 water year 7 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm . . . . . . . . . . . . . 8 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more . . . . . . . . . . . . . . 58 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 75 76 77 78 78 79 Page 6 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 1] 1 Short title This plan may be cited as the Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 . 2 Plan amended This plan amends the Water Resource (Pioneer Valley) Plan 2002 . 3 Amendment of s 2 (Purposes of plan) Section 2— insert— ‘(f) to regulate the taking of groundwater.’. 4 Insertion of new ss 5A and 5B After section 5— insert— ‘5A Groundwater management area and groundwater sub-areas ‘(1) The groundwater management area is the area shown on the map in schedule 2A. ‘(2) Each part of the groundwater management area that is within a groundwater sub-area shown on the map in schedule 2B is a groundwater sub-area for this plan. ‘(3) A groundwater sub-area contains all the aquifers in the groundwater sub-area. ‘5B Watercourse area and declaration about watercourse—Act, s 1006(2) ‘(1) The watercourse area is the part of the plan area shown on the map in schedule 2C. 2009 SL No. 212 Page 7

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 5] ‘(2) Groundwater in an aquifer under a watercourse, or under land adjacent to a watercourse, in the watercourse area is declared to be water in a watercourse ( declared water ).’. 5 Amendment of s 6 (Information about areas) Section 6(1)— omit, insert— ‘(1) The exact location of the following is held in digital electronic form by the department— (a) the boundaries of the plan area, subcatchment areas, groundwater management area, groundwater sub-areas, watercourse area and domestic areas; (b) the coastline and seawater intrusion baseline.’. 6 Amendment of s 7 (Nodes) (1) Section 7(1)(a), after ‘area’— insert— ‘or in the groundwater management area’. (2) Section 7(2), after ‘schedule 1’— insert— ‘or schedule 2A’. (3) Section 7(3), after ‘alphabet’— insert— ‘or number’. 7 Amendment of s 8 (Water to which plan applies) (1) Section 8(a), after ‘spring’— insert— ‘( surface water )’. (2) Section 8(b)— Page 8 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 8] omit, insert— ‘(b) groundwater.’. 8 Insertion of new s 8A Part 3, division 1— insert — ‘8A Outcomes for water in plan area ‘Water is to be allocated and sustainably managed in a way that— (a) recognises the natural state of watercourses, lakes, springs and aquifers has changed because of water infrastructure, flow supplementation and the taking of water; and (b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in sections 9 and 9A; (ii) the general ecological outcomes mentioned in sections 10 and 18A; (iii) the specific ecological outcomes mentioned in sections 12 to 18.’. 9 Amendment of s 9 (General outcomes) (1) Section 9, heading, after ‘outcomes’— insert— ‘ for surface water and groundwater ’. (2) Section 9, from ‘Water’ to ‘outcomes—’— omit, insert— ‘Each of the following is a general outcome for water in the plan area—’. (3) Section 9(c) and (d), ‘additional water’— omit, insert— 2009 SL No. 212 Page 9

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 10] ‘additional surface water’. (4) Section 9(c), ‘saltwater’— omit, insert— ‘seawater’. (5) Section 9(f), ‘with water’— omit, insert— ‘with surface water’. (6) Section 9(i), after ‘ecosystems’— insert— ‘including natural groundwater-dependent ecosystems’. 10 Insertion of new s 9A After section 9— insert— ‘9A General outcomes for groundwater ‘(1) Each of the following is a general outcome for groundwater in the plan area— (a) to maintain the capability of a part of a groundwater flow system to be connected to a watercourse, lake or spring where there are users of surface water dependent on baseflow; (b) to provide for the continued use of water entitlements and other authorisations to take groundwater in a groundwater sub-area, other than water entitlements and other authorisations to take groundwater in an affected groundwater sub-area (the affected water entitlements ); (c) to provide the opportunity to recover, in affected groundwater sub-areas, the use of the affected water entitlements; (d) to maintain and protect, where practicable, the quality of groundwater for consumptive purposes; Page 10 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 11] Example of a consumptive purpose — irrigation (e) to prevent further seawater intrusion. ‘(2) In this section— affected groundwater sub-area means a groundwater sub-area affected or likely to be affected by seawater intrusion to the extent that the ability to take water under a water entitlement is reduced or extinguished. groundwater flow system means a discrete 3 dimensional system through which groundwater flows from the area where groundwater is recharged to the area where groundwater is discharged from the system. groundwater sub-area means a groundwater sub-area or part of a groundwater sub-area.’ . 11 Amendment of s 10 (General ecological outcomes) (1) Section 10, heading, after ‘outcomes’— insert— ‘ for surface water and groundwater ’. (2) Section 10, from ‘Water’ to ‘water—’— omit, insert— ‘Each of the following is a general ecological outcome for water in the plan area—’. (3) Section 10, ‘and springs’— omit, insert— ‘, springs and groundwater’. (4) Section 10(e), after ‘ecosystems’— omit, insert— ‘and groundwater-dependent ecosystems’. 2009 SL No. 212 Page 11

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 12] 12 Replacement of pt 3, div 2 hdg (Ecological outcomes for particular parts of the plan area) Part 3, division 2 heading— omit, insert— ‘Division 2 Specific ecological outcomes for surface water’. 13 Amendment of s 12 (Estuaries) (1) Section 12(1), from ‘Water’ to ‘managed’— omit, insert— ‘An ecological outcome for surface water is’. (2) Section 12(2), from ‘water’ to ‘managed’— insert— ‘an ecological outcome for surface water is’. 14 Amendment of s 13 (Blacks Creek and Pioneer River) (1) Section 13(1), before ‘water’— insert— ‘surface’. (2) Section 13(2), from ‘The’ to ‘managed’— omit, insert— ‘An ecological outcome for the water is’. 15 Amendment of s 14 (Subcatchment areas 2, 3 and 4) Section 14, from ‘Water’ to ‘managed’— omit, insert— ‘An ecological outcome for surface water in subcatchment area 2, 3 or 4 is’. Page 12 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 16] 16 Amendment of s 15 (Subcatchment area 12) Section 15, from ‘Water’ to ‘intrusion’— omit, insert— ‘An ecological outcome for surface water in subcatchment area 12 is to reduce seawater intrusion’. 17 Amendment of s 16 (Palm Tree Creek) Section 16, from ‘Water’ to ‘managed’— omit, insert— ‘An ecological outcome for surface water in Palm Tree Creek downstream of the diversion pipeline outlet from Teemburra Dam is’. 18 Amendment of s 17 (Silver Creek) Section 17, from ‘Water’ to ‘managed’— omit, insert— ‘An ecological outcome for surface water in Silver Creek downstream of the outlet for the diversion channel for surface water from Cattle Creek is’. 19 Amendment of s 18 (Teemburra Creek) Section 18, from ‘Water’ to ‘managed’— omit, insert— ‘An ecological outcome for surface water in Teemburra Creek downstream of Teemburra Dam is’. 20 Insertion of new pt 3, div 3 Part 3— insert— 2009 SL No. 212 Page 13

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 21] ‘Division 3 General ecological outcomes for groundwater ‘18A General ecological outcomes ‘Each of the following is a general ecological outcome for groundwater in the plan area— (a) to maintain biological diversity groundwater-dependent ecosystems; of (b) to maintain groundwater levels at depths, and groundwater flows, providing for the groundwater requirements of groundwater-dependent ecosystems; (c) to maintain the capability of groundwater to flow from a part of an aquifer to another part of the aquifer or to watercourses, lakes, estuaries, near-shore marine systems or wetlands.’. 21 Insertion of new pt 4, div 1, sdiv 1 hdg Part 4, division 1, before section 19— insert— ‘Subdivision 1 Surface water ’. 22 Amendment of s 19 (Performance indicators for environmental flow objectives) Section 19— insert— ‘(d) for assessing baseflow in subcatchment area 12— (i) daily flow less than 1ML; and (ii) daily flow less than 50ML.’. 23 Amendment of s 20 (Environmental flow objectives) Section 20, from ‘this plan’— Page 14 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 24] omit, insert— ‘surface water are stated in schedule 4, parts 1 to 4.’. 24 Insertion of new pt 4, div 1, sdiv 2 Part 4, division 1— insert— ‘Subdivision 2 Groundwater ‘20A Environmental flow objectives ‘The environmental flow objectives for groundwater are stated in schedule 4, parts 5 and 6. ‘20B Performance indicators for environmental flow objectives—relevant groundwater-dependent ecosystems ‘The performance indicators for the environmental flow objectives for assessing flow to a relevant groundwater-dependent ecosystem are— (a) level 1 drawdown deviation; and (b) level 2 drawdown deviation. ‘20C Performance indicator for environmental flow objectives—seawater intrusion ‘(1) The performance indicator for the environmental flow objectives for assessing the extent of seawater intrusion is the maximum seawater intrusion area. ‘(2) In this section— seawater intrusion area means the area of land, expressed in hectares, between the coastline and the seawater intrusion front.’. 2009 SL No. 212 Page 15

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 25] 25 Amendment of s 21 (Performance indicators for water allocation security objectives) Section 21— insert— ‘(c) for taking groundwater—the annual volume probability.’. 26 Amendment of s 22 (Water allocation security objectives) Section 22— insert— ‘(c) for water allocations to take groundwater—schedule 5, part 3.’. 27 Insertion of new pt 4A After section 22— insert— ‘Part 4A General strategies for achieving outcomes for surface water and groundwater ‘Division 1 Particular strategies for achieving outcomes ‘22A Amending in conjunction water licences and standby water licences ‘(1) This section applies to the following water licences (each a relevant licence )— (a) an in conjunction water licence; (b) a standby water licence. Page 16 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] ‘(2) Within 60 business days after the plan amendment day, the chief executive must amend, under section 217 of the Act, the relevant licences for consistency with subsections (3) to (5). ‘(3) A relevant licence amended under this section (an amended licence ) must state— (a) for a relevant licence to take unsupplemented water that states the maximum area that may be irrigated—the maximum area, that must be 0.49 of the maximum area stated on the licence, rounded up to the nearest whole number and expressed in hectares; or (b) for a relevant licence to take groundwater that states a nominal entitlement—the nominal entitlement, rounded up to the nearest whole number, that is— (i) if a meter is used to measure the volume of water taken under the licence—the greater of the following— (A) the maximum volumetric take of groundwater under the licence in a water year, metered during the period of not more than 10 years immediately before 30 November 2007, that must be no more than the nominal entitlement stated on the relevant licence; (B) 0.49 of the nominal entitlement stated on the relevant licence; or (ii) if a meter is not used to measure the volume of water taken under the licence—0.49 of the nominal entitlement stated on the licence as at the plan amendment day. ‘(4) An amended licence must also state a purpose mentioned in— (a) for an amended licence to take unsupplemented water—section 48A; or (b) for an amended licence to take groundwater—section 49V. 2009 SL No. 212 Page 17

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] ‘(5) Any conditions stated on a relevant licence that authorises the taking of surface water from the Eton water supply scheme must be removed. ‘22B Nominal entitlement or annual volumetric limit ‘(1) The chief executive must decide the following— (a) the nominal entitlement for a water licence to take declared water in the watercourse area granted under section 30A; (b) the nominal entitlement for a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3, or 15 granted under section 49J; (c) the annual volumetric limit for a water allocation to take groundwater mentioned in section 49K converted from authorisation 3. ‘(2) The nominal entitlement or annual volumetric limit must not be more than the estimated volume to take groundwater for the entitlement. ‘(3) However, if the chief executive is satisfied the volume of groundwater taken during the relevant period (a higher volume ) is more than the estimated volume, the chief executive may decide a nominal entitlement or annual volumetric limit that is more than the estimated volume. ‘(4) In considering whether a higher volume of groundwater was taken during the relevant period, the chief executive must have regard to each of the following— (a) the capacity of existing works to take groundwater as at the plan amendment day; (b) the number of hours existing works were operated during the relevant period; (c) for existing works for irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for irrigating crops grown during the period; Page 18 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] (d) for existing works for a purpose other than irrigation purposes—the volume of groundwater estimated by the chief executive to have been taken during the relevant period for the purpose; (e) the efficiency of the use of the groundwater mentioned in paragraph (c) or (d); (f) for existing works for taking water under a water licence to take groundwater in the Pioneer locality—the nominal entitlement stated on the licence; (g) the availability of groundwater in the aquifer to which the works mentioned in paragraph (a), (b), (c), (d), or (f) relate; (h) the availability of other water sources in the area to which the water entitlement relates; (i) the density of water bores for taking groundwater in the area to which the water entitlement relates. ‘(5) Subsection (4) does not limit the matters the chief executive may consider. ‘(6) In this section— capacity of existing works means— (a) if the water bore for the works has a design pumping rate only—the design pumping rate for the bore; or (b) if the works have an equipped rate only—the equipped rate for the works; or (c) if the works have a design pumping rate and an equipped rate—the lesser of the design pumping rate for the bore, or the equipped rate, for the works. design pumping rate , for a water bore, means the pumping rate— (a) at which the bore can be pumped without causing the bore’s pump to break suction; and (b) estimated from an analysis of a pumping test based on the drawdown available in the bore above the pump inlet that would sustain pumping for 70 consecutive days. 2009 SL No. 212 Page 19

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] equipped rate , for works, means the rate at which pumping equipment installed on the works can be pumped for the purposes for which the works are used. estimated volume , to take groundwater for a water entitlement, means the least of the following— (a) the volume worked out by multiplying the capacity of existing works by the number of hours, that must not be more than 1200 hours, the chief executive decides having regard to— (i) the efficiency of the use of groundwater using the works during the relevant period; and (ii) the availability of other water sources in the area to which the water entitlement relates; (b) the volume of groundwater taken using existing works for irrigation purposes during the relevant period that must not be more than 3ML of water for each hectare irrigated; (c) the volume of groundwater taken using existing works for a purpose other than irrigation purposes during the relevant period that must not be more than 10ML; (d) the volume of groundwater taken under a water licence to take groundwater in the Pioneer locality using existing works that must not be more than the nominal entitlement stated on the licence; (e) the availability of groundwater in an aquifer that must not be more than 1ML/ha of aquifer under the land to which the works mentioned in paragraph (a), (b), (c) or (d) relate. existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Pioneer locality means the Pioneer locality, declared by order in council published in the gazette on 21 June 1947. Page 20 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] relevant period means each 1 year period during the period of not more than 10 years immediately before the plan amendment day. ‘Division 2 Moratorium notices and arrangements for applications made before 25 June 2003 ‘22D Continued effect of moratorium notice published on 25 June 2003 and subsequently amended—Act, s 46(3) ‘(1) This section continues, in part, the effect of the moratorium notice published on 25 June 2003 and amended on 29 September 2005 and 28 June 2008. ‘(2) Subsection (3) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, made on or after 25 June 2003, if granting the application would have 1 or more of the following effects— (a) increase the amount of water that may be taken or interfered with; (b) change the location from which the water may be taken or interfered with; (c) increase the maximum rate for taking or interfering with the water. ‘(3) The application will not be accepted until the resource operations plan is approved. ‘(4) However, subsection (3) does not apply to an application— (a) to reinstate, under section 221 of the Act, an expired water licence; or (b) to amalgamate, under section 224 of the Act, 2 or more water licences in force immediately before the plan amendment day; or 2009 SL No. 212 Page 21

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] (c) to replace, under section 225 of the Act, an original licence with 2 or more water licences; or (d) to replace, under section 229 of the Act, an expired licence with 1 or more water licences. ‘(5) Works to take groundwater must not be physically started. ‘(6) However, subsection (5) does not apply to the following works— (a) works for taking groundwater for stock or domestic purposes on land in domestic area A other than a part of the area affected by seawater intrusion; (b) works for taking groundwater for stock or domestic purposes on land in domestic area B, other than a part of the area affected by seawater intrusion, if there are no existing works on the land and— (i) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or (ii) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or (iii) a reconfiguration of the land is undertaken by a constructing authority under the AcquisitionofLandAct1967 and the plan of survey for the reconfiguration of the land is registered on or after 28 June 2008; or (iv) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008; (c) works authorised by or associated with mining tenements granted under the MineralResourcesAct1989 ; (d) works, replacing existing works, to be constructed within 10m of the existing works. Page 22 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] ‘(7) Completed, or partly completed, works existing immediately before the plan amendment day must not be changed, enlarged or deepened, other than works for town water supply west of 149 o east. ‘(8) In this section— 149 o east means the area described as 149 o east worked out using the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. existing works means works for taking or interfering with water that the chief executive is satisfied were installed and operable before 28 June 2008. ‘22E Particular applications accepted but not dealt with before 25 June 2003 ‘(1) Subsection (2) applies to an application for a water licence to take or interfere with surface water in subcatchment area 13 or 14, or to take groundwater, accepted but not dealt with before 25 June 2003, if granting the application would have 1 or more of the following effects— (a) increase the amount of water that may be taken or interfered with; (b) change the location from which the water may be taken or interfered with; (c) increase the maximum rate for taking or interfering with the water. ‘(2) The application must be refused. ‘(3) However, subsection (2) does not apply to an application— (a) to reinstate, under section 221 of the Act, an expired water licence; or (b) to amalgamate, under section 224 of the Act, 2 or more water licences in force immediately before the plan amendment day; or 2009 SL No. 212 Page 23

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 27] (c) to replace, under section 225 of the Act, an original licence with 2 or more water licences; or (d) to replace, under section 229 of the Act, an expired licence with 1 or more licences. ‘Division 3 Measuring devices ‘22F Volume ‘(1) A measuring device must be used to measure the volume of water taken under a water entitlement for a purpose, other than stock or domestic purposes, in the plan area. ‘(2) Subsection (1) applies— (a) from the day the water entitlements are declared to be metered entitlements under the Water Regulation 2002 , part 7; and (b) in the circumstances mentioned in part 7 of the regulation. ‘22G Electrical conductivity—groundwater ‘(1) The chief executive must decide whether to install a meter for measuring and recording the electrical conductivity of groundwater taken under a water entitlement using a water bore on land in groundwater sub-area 11, 12, 13, 15, 16 or 17. ‘(2) In deciding whether to install the meter, the chief executive must have regard to— (a) the electrical conductivity of the groundwater in the sub-area; and (b) the proximity of the bore to the seawater intrusion front. ‘(3) If the chief executive decides to install the meter, it must be used from the day and in the circumstances mentioned in the resource operations plan.’. Page 24 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 28] 28 Amendment of pt 5, hdg (Strategies for achieving outcomes) Part 5, heading, after ‘outcomes’— insert— ‘ (surface water) ’. 29 Amendment of s 23 (Decisions consistent with objectives) (1) Section 23, after ‘management of’— insert— ‘surface’. (2) Section 23(a), after ‘schedule 4’— insert— ‘, part 1, 2, 3 or 4’. (3) Section 23(b), after ‘schedule 5’— insert— ‘, part 1 or 2’. 30 Amendment of s 24 (Assessing impact of decisions) Section 24(1), after ‘period’— insert— ‘for surface water’. 31 Amendment of s 25 (Taking or interfering with water from waterholes or lakes) Section 25(1)(c), ‘water’— omit, insert— ‘surface water’. 2009 SL No. 212 Page 25

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 32] 32 Amendment of s 26 (Matters chief executive must consider) Section 26(1), ‘unallocated water’— omit, insert— ‘unallocated surface water’. 33 Amendment of s 27 (Licences for unallocated water in subcatchment area 12) (1) Section 27, before ‘water’— insert— ‘surface’. (2) Section 27(1) and (3), ‘annual volumetric limit’— omit, insert— ‘nominal entitlement’. (3) Section 27(1), ‘annual volumetric limits’— omit, insert— ‘nominal entitlements’. 34 Insertion of new s 30A Part 5, division 4— insert— ‘30A Granting water licences to take declared water ‘(1) This section applies if, under section 37 of the Act, a regulation requires the owner of land in the watercourse area on which there are existing works for taking groundwater to notify the chief executive of the works and the water use. ‘(2) After the chief executive receives the notice, the chief executive must, under section 212 of the Act, grant a water licence to the owner to take declared water using the works. ‘(3) The licence must be— Page 26 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 35] (a) granted under a process stated in the resource operations plan; and (b) consistent with part 5A, division 7. ‘(4) However, for the purpose of granting a water licence under this section, a reference in part 5A, division 7 to groundwater is taken to be a reference to declared water. ‘(5) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003.’. 35 Amendment of s 33 (Conditions of authorisations) (1) Section 33(1), before ‘water’— insert— ‘surface’. (2) Section 33(2), ‘which water’— omit, insert— ‘which surface water’. 36 Amendment of s 34 (Location for taking water) Section 34, before ‘water’— insert— ‘surface’. 37 Amendment of s 40 (Nominal volume for unsupplemented water) Section 40, after ‘schedule 6,’— insert— ‘table 1,’. 2009 SL No. 212 Page 27

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 38] 38 Amendment of s 45 (Water allocation groups for unsupplemented water allocations) (1) Section 45, after ‘schedule 8,’— insert— ‘part 1,’ (2) Section 45(a), ‘and;’— omit, insert— ‘; or’. (3) Section 45(b)— renumber as section 45(c). (4) Section 45— insert— ‘(b) for an authorisation to take declared water for a purpose other than stock or domestic purposes—the water allocation group mentioned in column 3 for the subcatchment area; or’. (5) Section 45(c) as renumbered, ‘column 3’— omit, insert— ‘column 4’. 39 Replacement of s 46 (Volume of unsupplemented water) Section 46— omit, insert— ‘46 Water licences to take unsupplemented water ‘(1) A water licence to take unsupplemented water must state— (a) a nominal entitlement for the licence; and (b) the maximum rate at which water may be taken under the licence; and (c) the purpose for which water may be taken under the licence. Page 28 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 40] ‘(2) The purpose stated on the water licence must be ‘rural’ or ‘any’.’. 40 Amendment of s 47 (Annual volumetric limit for unsupplemented water) (1) Section 47, heading— omit, insert— ‘47 Nominal entitlement ’. (2) Section 47(1) and (2), ‘annual volumetric limit’— omit, insert— ‘nominal entitlement’. (3) Section 47(2)(b)(ii)— renumber as section 47(2)(b)(iv). (4) Section 47(2)(b)(i)— omit, insert— ‘(i) for a licence in subcatchment area 12 or 14—3.3; and (ii) for a licence in subcatchment area 13—2.5; and (iii) for a conditional licence other than in subcatchment area 12, 13 or 14—3.3; and’. 41 ‘48A Insertion of new s 48A Part 5, division 6— insert— Purpose to be stated on water licence ‘The purpose to be stated on a water licence to take unsupplemented water must be— (a) if the purpose for which the water is being taken is agriculture, aquaculture, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or (b) otherwise—‘any’.’. 2009 SL No. 212 Page 29

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 42] 42 Replacement of pt 5, div 7, hdg (Moratorium notice) Part 5, division 7, heading— omit, insert— ‘Division 7 Taking declared water for stock or domestic purposes ’. 43 Insertion of new s 48B Part 5, division 7— insert — ‘48B Taking declared water for stock or domestic purposes authorised ‘(1) This section applies to an owner of land— (a) in the watercourse area; and (b) not adjoining a watercourse in the watercourse area. ‘(2) The owner may take declared water in the area for stock or domestic purposes.’. 44 Amendment, relocation and renumbering of s 49 (Continued effect of moratorium notice—Act, s 46(3)) (1) Section 49, heading, after ‘notice’— insert— ‘ published on 20 September 2000 ’. (2) Section 49(2) and (3), before ‘water’— insert— ‘surface’. (3) Section 49— relocate and renumber , in part 4A, division 2, as section 22C. 45 Insertion of new pt 5A After section 48B— Page 30 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] insert— ‘Part 5A Strategies for achieving outcomes (groundwater) ‘Division 1 Preliminary ‘49 Decisions consistent with objectives ‘Decisions about the allocation or management of groundwater in the plan area, other than a decision relating to a water permit, must be consistent with— (a) the environmental flow objectives stated in schedule 4, part 5 or 6; and (b) the water allocation security objectives stated in schedule 5, part 3. ‘49A Assessing impact of decisions ‘(1) The groundwater computer program’s simulation for the simulation period for groundwater is used to assess consistency with the environmental flow objectives and water allocation security objectives for groundwater. ‘(2) If it is not practicable to use the groundwater computer program, another assessment method approved by the chief executive may be used. ‘(3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the groundwater computer program. ‘(4) In this section— groundwater computer program means the MODFLOW computer program or MODHMS computer program. MODFLOW computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, 2009 SL No. 212 Page 31

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] groundwater demand, recharge and groundwater flows in parts of the plan area. MODHMS computer program means the department’s computer program and associated data files, and statistical and data processing programs, that simulate groundwater levels, groundwater demand, recharge, groundwater flows, river flows and seawater intrusion in parts of the plan area. ‘49B Limitation on taking groundwater—Act, s 20(6) ‘A person may not take groundwater in the groundwater management area other than— (a) under a water permit; or (b) under a water entitlement; or (c) under an authorisation under section 49I or 49ZB. ‘49C Restrictions on taking groundwater ‘(1) This section applies to the chief executive in making a decision about— (a) changing a water allocation to take groundwater; or (b) a water licence to take groundwater; or (c) converting a water licence to take groundwater to a water allocation to take groundwater; or (d) taking groundwater involving an exchange between surface water and groundwater. ‘(2) If the allocation or licence allows taking groundwater, the chief executive must— (a) consider the impact the taking may have on the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected to groundwater; and (b) consider the impact the cumulative taking may have on— (i) surface water flows and groundwater flows; and Page 32 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] (ii) other water users; and (iii) seawater intrusion or an area of poor water quality; and (c) impose a condition on the allocation or licence about— (i) maintaining the ecological values of a waterhole, lake, hyporheic zone, or streamflow, connected with the groundwater; or Example for paragraph (c)(i) — a condition that the groundwater may be taken only if the water level in bore 12600022 is above 22m AHD (ii) limiting the maximum daily, monthly or quarterly rates of take of groundwater. Example for paragraph (c)(ii) — a condition that the maximum quarterly rate of take of groundwater is 25ML ‘(3) However, the chief executive need not impose a condition mentioned in subsection (2)(c) if the chief executive is satisfied— (a) the taking will not adversely impact on the ecological values or other water users; or (b) for a water allocation or water licence that replaces an authorisation in force immediately before the plan amendment day—the holder of the authorisation would suffer economic hardship if the condition were imposed. ‘(4) Subsection (2) does not limit the matters the chief executive may consider. ‘(5) In this section— AHD means Australian Height Datum. ‘49D Decisions not to increase amount of groundwater taken ‘(1) The chief executive must not make a decision about the allocation or management of groundwater in the plan area that would— 2009 SL No. 212 Page 33

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] (a) increase the annual volumetric limits for water allocations to take groundwater in the plan area; or (b) increase the nominal entitlements for water licences to take groundwater in the plan area; or (c) allow the taking, other than under a relevant authorisation, of groundwater of an electrical conductivity of more than 1500µS/cm in groundwater sub-area 11, 12, 13, 15, 16 or 17, that is seawater intruded. ‘(2) A decision mentioned in subsection (1)(b) includes a decision about an application for a water licence to take groundwater, made but not decided before the plan amendment day. ‘(3) Subsection (1)(a) and (b) do not apply to a decision— (a) about a water permit; or (b) about an application mentioned in section 22D(4) or 22E(3); or (c) to grant a water licence under section 30A; or (d) to grant a water licence under section 49J; or (e) to convert an authorisation to a water allocation mentioned in section 49K. ‘(4) In this section— relevant authorisation means— (a) authorisation 5, 13 or 15 in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded if— (i) for a water year mentioned in schedule 9C—the annual entitlement for the authorisation is decided under section 49Y; or (ii) for a water year starting on or after 1 July 2014—the water taken under the authorisation is for public health purposes; or (b) authorisation 16. Page 34 2009 SL No. 212

‘Division 2 Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] Environmental management rules, water sharing rules and water allocation change rules ‘49E Matters to be considered for environmental management rules ‘(1) In deciding the environmental management rules relating to groundwater to be included in the resource operations plan, the chief executive must consider— (a) the distance of a water bore from a watercourse, lake, spring or area of ecological value; and (b) the groundwater flow regime required to maintain the following— (i) habitats needed by aquatic biota in hyporheic zones; (ii) relevant groundwater-dependent ecosystems; (iii) the connectivity through the flow of water between an aquifer and an adjacent watercourse, lake or spring to replenish instream pools and enable movement of instream aquatic biota; (iv) the natural seasonality of low flows and periods of no flow; and (c) the impact the taking or proposed taking of groundwater may have on the following— (i) the ecological values of waterholes, lakes, springs, groundwater-dependent vegetation or hyporheic zones; (ii) seawater intrusion or water quality; (iii) baseflow. ‘(2) Subsection (1) does not limit the matters the chief executive may consider. 2009 SL No. 212 Page 35

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] ‘49F Matters to be considered for water sharing rules ‘(1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take groundwater in a part of the groundwater management area, the chief executive must consider— (a) any water sharing rules for the authorisations existing immediately before the plan amendment day; and (b) the local availability of water that may be taken from aquifers, baseflow, streamflows or waterholes, and the connectivity of surface water and groundwater; and (c) the environmental flow objectives stated in schedule 4, part 5 or 6; and (d) the water allocation security objectives stated in schedule 5, part 3; and (e) the operating arrangements and supply requirements for water infrastructure and environmental management rules under the resource operations plan; and (f) the daily volumetric limits, monthly volumetric limits or quarterly volumetric limits for the water entitlements; and (g) the annual volumetric limits for water allocations, decided under sections 22B and 49N; and (h) the nominal entitlements for water licences decided under sections 22B and 49U; and (i) the impact of the taking on authorisations in the part of the groundwater management area; and (j) the impact of the taking on the movement of the seawater intrusion front; and (k) the proximity of any water bores to the seawater intrusion front; and (l) the electrical conductivity of the groundwater taken under the authorisations. ‘(2) Subsection (1) does not limit the matters the chief executive may consider. Page 36 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] ‘49G Matters to be considered for water allocation change rules ‘(1) In deciding the water allocation change rules to be included in the resource operations plan for water allocations to take groundwater in a part of the groundwater management area, the chief executive must consider— (a) the volume density for a locality in the part of the groundwater management area relative to the availability of water in the part; and (b) the impact the proposed taking would have on the following— (i) watercourses, lakes, springs, baseflow, waterholes or areas of ecological value; (ii) the ecological values of groundwater-dependent ecosystems; relevant (iii) seawater intrusion or areas of poor water quality; (iv) other authorisations in the area of the proposed taking; (v) nodes or monitoring bores in the part of the groundwater management area. ‘(2) Subsection (1) does not limit the matters the chief executive may consider. ‘(3) In this section— monitoring bore means a water bore used for monitoring water levels in an aquifer. volume density , for a locality in a part of the groundwater management area, means the total annual volumetric limits for all the water allocations in the locality divided by the area of the locality. 2009 SL No. 212 Page 37

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] ‘Division 3 Unallocated groundwater ‘49H Unallocated groundwater ‘There is no unallocated groundwater in the groundwater management area other than— (a) for granting water licences under section 49J; or (b) for water allocations mentioned in section 49K converted from authorisation 3; or (c) for stock or domestic purposes under division 9. ‘Division 4 Authorisations for purpose other than stock or domestic purposes ‘49I Taking groundwater using existing works authorised ‘(1) An owner of land on which there is existing works may continue to take groundwater in the undeclared area for a purpose other than stock or domestic purposes for 60 business days after the plan amendment day. ‘(2) Also, if the owner gives the chief executive notice in the approved form of the works, the owner may continue to take the water using the works after the notice is given. ‘(3) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for a purpose other than stock or domestic purposes on 24 June 2003. Page 38 2009 SL No. 212

‘Division 5 Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] Granting water licences ‘49J Granting water licences for authorisation 4 ‘(1) The chief executive must, under section 212 of the Act, grant a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 to the owner mentioned in section 49I(2) if the owner is the holder of authorisation 4. ‘(2) The licence must be— (a) granted under a process stated in the resource operations plan; and (b) consistent with division 7. ‘(3) In this section— authorisation 4 means an authorisation under section 49I(2) to continue to take groundwater in the part of the undeclared area in groundwater sub-area 1, 2, 3 or 15 using the works mentioned in the section. ‘Division 6 Converting authorisations to water allocations ‘49K Application of div 6 ‘This division applies to water allocations to take groundwater converted under the resource operations plan from authorisation 1, 2, 3, 6, 7, 9 or 11. ‘49L Elements of a water allocation ‘(1) A water allocation to take groundwater must state the following— (a) a nominal volume for the allocation; (b) an annual volumetric limit for the allocation; 2009 SL No. 212 Page 39

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] (c) the location from which water may be taken under the allocation; (d) the purpose for which water may be taken under the allocation; (e) the conditions, including any conditions decided under section 49P, under which water may be taken under the allocation; (f) the water allocation group to which the water allocation belongs. ‘(2) A water allocation to take groundwater may state a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the allocation. ‘49M Nominal volume ‘(1) In deciding the nominal volume for a water allocation to take groundwater in a water allocation group mentioned in schedule 6, table 2, column 1 (the group ), the chief executive must— (a) have regard to— (i) the local availability of the groundwater; and (ii) the conditions under which groundwater may be taken under the allocation; and (iii) the simulated mean annual supply for the allocation; and (iv) the efficiency of the use of the groundwater taken; and (b) ensure the total of the nominal volumes for the group is not more than the volume stated in schedule 6, table 2, column 3 for the group. ‘(2) In this section— simulated mean annual supply , for a water allocation, or water allocation group, to take groundwater, means the total volume of groundwater simulated to have been pumped by water bores under the allocation or group, if the allocation or Page 40 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] group was in existence for the whole of the simulation period for groundwater, divided by the number of years in the simulation period for groundwater. ‘49N Annual volumetric limit ‘(1) The annual volumetric limit for a water allocation to take groundwater is— (a) for authorisation 1—the nominal entitlement stated on the authorisation; and (b) for authorisation 2—the volume worked out under section 22A(3)(b); and (c) for authorisation 3—the volume worked out under section 22B; and (d) for authorisation 6—the nominal entitlement stated on the authorisation multiplied by the percentage stated in schedule 6A, column 2 for the authorisation; and (e) for authorisation 7 or 9 for which the precomplementary component nominal entitlement is— (i) 20ML or less—the precomplementary component nominal entitlement; or (ii) more than 20ML—the greater of the following— (A) the annual volumetric limit worked out by multiplying the precomplementary component nominal entitlement by the percentage stated in schedule 6A, column 2; (B) 20ML; and (f) for authorisation 11—1300ML. ‘(2) In deciding the annual volumetric limits for water allocations in a water allocation group mentioned in schedule 6, table 2 column 1, the chief executive must ensure the total of the annual volumetric limits for the group is not more than the volume stated in schedule 6, table 2, column 2 for the group. 2009 SL No. 212 Page 41

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] ‘49O Purpose to be stated on water allocation ‘The purpose to be stated on a water allocation to take groundwater must be— (a) if the purpose stated on the authorisation is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or (b) otherwise—‘any’. ‘49P Conditions for water allocations ‘In deciding the conditions under which groundwater may be taken under a water allocation, the chief executive must have regard to— (a) the conditions stated on the authorisation; or (b) any development permit relating to the authorisation. ‘49Q Water allocation groups ‘A water allocation to take groundwater in a groundwater sub-area mentioned in schedule 8, part 2, column 1, belongs to the water allocation group mentioned opposite the sub-area in column 2. ‘Division 7 Amending water licences ‘Subdivision 1 Amending particular water licences ‘49R Authorisations 5, 14, 15 and 16—Act, s 217 ‘(1) Within 60 business days after an amendment of the resource operations plan, the chief executive must, under section 217 of the Act, amend authorisations 5, 14, 15 and 16 for consistency with the resource operations plan. ‘(2) In this section— Page 42 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] authorisation 14 means a water licence to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 1, 2 or 3 or the part of groundwater sub-area 17 that is not seawater intruded. ‘Subdivision 2 Amending water licences generally ‘49S Application of sdiv 2 ‘This subdivision applies to the following water licences to take groundwater— (a) a water licence mentioned in section 30A, 49J or 49R; (b) authorisation 8, 10, 12 or 13. ‘49T Elements of water licences ‘A water licence to take groundwater— (a) must state— (i) a nominal entitlement that may be taken under the licence; and (ii) the purpose for which groundwater may be taken under the licence; and (b) may state— (i) a daily volumetric limit, monthly volumetric limit or quarterly volumetric limit for the licence; or (ii) conditions under which the groundwater may be taken. ‘49U Nominal entitlement ‘(1) The nominal entitlement for a water licence to take groundwater is— (a) for a water licence mentioned in section 30A or 49J—the volume worked out under section 22B; or 2009 SL No. 212 Page 43

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] (b) for an authorisation mentioned in section 49R—the volume stated on the licence immediately before the plan amendment day; or (c) for authorisation 8 or 10—the volume worked out under subsection (2); or (d) for authorisation 12—4200ML; or (e) for authorisation 13—the volume worked out under section 22A(3)(b). ‘(2) The nominal entitlement for authorisation 8 or 10 is the available component of authorisation 7 or 9. ‘49V Purpose to be stated on water licence ‘The purpose to be stated on a water licence to take groundwater must be— (a) if the purpose for which the water is being taken is agriculture, aquaculture, dewatering, domestic, irrigation, stock, stock intensive or a similar purpose—‘rural’; or (b) otherwise—‘any’. ‘49W Conditions may be imposed on water licences ‘The chief executive must, when preparing an amendment of the resource operations plan, impose on a water licence to which this division applies any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved. ‘Subdivision 3 Annual entitlements for particular water licences ‘49X Authorisation 8, 10 or 12 ‘The chief executive must set the annual entitlement for authorisation 8, 10 or 12 to 0 for 5 years from the Page 44 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] commencement of an amendment of the resource operations plan. ‘49Y Authorisation 5, 13 or 15 ‘(1) Until an amendment of the resource operations plan is approved, the chief executive may decide the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for a water year mentioned in the schedule. ‘(2) Subsection (3) applies if an amendment of the resource operations plan commences during a water year mentioned in schedule 9C. ‘(3) The chief executive must include in the amendment the annual entitlement for authorisation 5, 13 or 15 under schedule 9C for any subsequent water year mentioned in the schedule. ‘49Z Announced entitlement ‘(1) This section applies to authorisations 5, 13 and 15. ‘(2) If the water sharing rules for taking water from a part of the groundwater management area that is seawater intruded require the chief executive to decide an announced entitlement for a water year, the chief executive must— (a) decide the announced entitlement before the start of the water year to which the announced entitlement relates; and (b) do 1 or more of the following— (i) give notice of the announced entitlement to the holders of the water licences to which the entitlement relates; (ii) publish the announced entitlement in a newspaper circulating generally in the groundwater management area; (iii) publish the announced entitlement on the department’s website on the internet. 2009 SL No. 212 Page 45

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] ‘(3) An announced entitlement for a water year is a percentage of a nominal entitlement. ‘(4) In deciding an announced entitlement, the chief executive must consider— (a) the following to the extent appropriate for the part of the groundwater management area that is seawater intruded and to which the entitlement relates— (i) measured and simulated trends in groundwater levels; (ii) measured and simulated trends in electrical conductivity of groundwater; (iii) long term average sustainable yield; (iv) historical groundwater use; (v) anticipated groundwater use; (vi) weather conditions, including weather forecasts; and (b) the water sharing rules for taking groundwater from the groundwater management area. ‘(5) If the chief executive varies an announced entitlement for a water year during the water year, subsection (2)(b) applies to the varied announced entitlement. ‘Division 8 Review of particular water licences ‘49ZA Process and criteria for review ‘(1) This section applies to the following— (a) a water licence to take groundwater in the part of the undeclared area in groundwater sub-area 15 that is seawater intruded and mentioned in section 49J; (b) authorisation 5, 8, 10, 12, 13 or 15. ‘(2) The chief executive must, in preparing an amendment of the resource operations plan, develop a review process to decide Page 46 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] whether the conditions imposed on the licence must be changed for consistency with the water sharing rules included in the resource operations plan. ‘(3) The chief executive must conduct the review every 5 years after the commencement of an amendment of the resource operations plan. ‘(4) In deciding the water sharing rules for the licences to be reviewed that are to be included in the resource operations plan, the chief executive must be satisfied that all of the following criteria are met— (a) the trends in groundwater levels and electrical conductivity of the groundwater are as worked out under the resource operations plan; (b) the electrical conductivity of groundwater to be taken under the licence is less than 1500µS/cm; (c) the position of the seawater intrusion front is more than 1000m from any water bore to take groundwater. ‘(5) If the chief executive is satisfied that the criteria mentioned in subsection (4) are met, the chief executive may amend the licence to change a condition on the licence, including to impose a condition that the maximum volume of groundwater that may be taken under the licence in a groundwater sub-area mentioned in schedule 6A, column 1 is the nominal entitlement stated on the licence multiplied by the percentage stated in schedule 6A, column 2 opposite the sub-area. ‘(6) The announced entitlement for the licences, decided by the chief executive at the time of the review— (a) must not be more than the announced entitlement for the sub-area in which the licences being reviewed occur; and (b) may be for a water year or part of a water year for the licence. ‘(7) Subsections (3) to (6) do not limit the matters the chief executive may consider in developing the review process. ‘(8) In this section— 2009 SL No. 212 Page 47

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] announced entitlement see the WaterRegulation2002 , section 66. ‘Division 9 Authorisations for stock or domestic purposes ‘49ZB Taking groundwater authorised ‘(1) Subject to this section, an owner of land in the groundwater management area may take groundwater for stock or domestic purposes. ‘(2) An owner of land in domestic area B or C may take groundwater for stock or domestic purposes using existing works or replacement works. ‘(3) An owner of land in domestic area B, other than a part of the area that is seawater intruded, on which there are no existing works may take groundwater using works constructed after 28 June 2008 if— (a) a plan of survey for a reconfiguration of the land is registered before 28 June 2008; or (b) a plan of survey for a reconfiguration of the land is registered on or after 28 June 2008 and the reconfiguration does not result in more lots being created on the land than existed immediately before the reconfiguration; or (c) part of the land is resumed by a constructing authority under the Acquisition of Land Act 1967 and the plan of survey for the resumption is registered on or after 28 June 2008; or (d) part of the land is acquired by voluntary acquisition for a public purpose by a constructing authority and the plan of survey for the acquisition is registered on or after 28 June 2008. ‘(4) An owner of land in domestic area C on which there are no existing works must not take groundwater using works constructed after 28 June 2008. Page 48 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 45] ‘(5) An owner of land in a part of the groundwater management area that is seawater intruded and on which there are no existing works must not take groundwater using works constructed after the plan amendment day. ‘(6) In this section— existing works means works that the chief executive is satisfied were used or capable of being used to take groundwater for stock or domestic purposes on 28 June 2008. replacement works means works replacing existing works to be constructed within 10m of the existing works. ‘Division 10 Miscellaneous ‘49ZC Relationship with IntegratedPlanningAct1997 ‘(1) Works to take groundwater for stock or domestic purposes are self-assessable development for the IntegratedPlanningAct1997 , schedule 8, part 2, table 4, item 1(b)(iii). ‘(2) Works to take groundwater for other than stock or domestic purposes are assessable development for the IntegratedPlanning Act 1997 , schedule 8, part 1, table 4, item 3(c)(ii). ‘(3) Subsection (2) does not apply to— (a) the repair or maintenance of works if the repair or maintenance does not alter the design of the works; or (b) works constructed under a development permit. ‘(4) Works that are an excavation that interferes with groundwater in groundwater sub-area 3, 15, 16 or 17 are assessable development for the Integrated Planning Act 1997 , schedule 8, part 1, table 4, item 3(c)(ii). ‘(5) In this section— excavation means a cavity, of more than 2ML capacity, in the surface of land that— (a) is open; and (b) results from digging or scooping out material; and 2009 SL No. 212 Page 49

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 46] (c) exposes groundwater at its intersection with the upper zone of saturation.’. 46 Amendment of s 50 (Monitoring) (1) Section 50(1)(a)— insert— ‘(vi) stream water levels; and (vii) groundwater levels; and’. (2) Section 50(1)— insert— ‘(c) natural relevant groundwater-dependent ecosystems monitoring, for— (i) depth to groundwater level; and (ii) seawater intrusion or water quality in coastal aquifers; and (d) natural groundwater-dependent ecosystems monitoring, for— (i) volume of baseflow; and (ii) stream water levels; and (iii) distribution, and information on the hydraulic-habitat requirements in aquifers and hyporheic zones, of micro-organism species and communities.’. (3) Section 50(2)— insert— ‘(c) monitoring programs, including monitoring programs for natural vegetation ecosystems, required by the chief executive.’. 47 Amendment of s 54 (Implementation schedule) (1) Section 54(2)(a), from ‘in’ to ‘allocations’— Page 50 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 48] omit, insert— ‘to take surface water in a surface water priority area to water allocations’. (2) Section 54(2)(b), ‘unallocated water’— omit, insert — ‘unallocated surface water’. (3) Section 54(2)(c), ‘for water’— omit, insert — ‘for surface water’. (4) Section 54(4)— renumber as section 54(5). (5) Section 54— insert— ‘(4) Within 1 year after the plan amendment day, it is proposed to amend the resource operations plan to convert authorisations to take groundwater in the groundwater priority area to water allocations to take groundwater.’. (6) Section 54(5) as renumbered, ‘Subsections (2) and (3)’— omit, insert— ‘Subsections (2), (3) and (4)’. (7) Section 54— insert— ‘(6) In this section— groundwater priority area see schedule 9, section 4. surface water priority area means a priority area other than the groundwater priority area.’. 48 Amendment of s 56 (Minor amendment of plan—Act, s 57) (1) Section 56(j), from ‘section 49’ to ‘section 42’— omit, insert— 2009 SL No. 212 Page 51

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 49] ‘section 22C or 22D if notice of the amendment is published as if it were a moratorium notice under section 26’. (2) Section 56— insert— ‘(k) an amendment to change the boundaries of the following, including by subdividing or amalgamating— (i) a domestic area; (ii) a groundwater sub-area; (iii) the watercourse area; (l) an amendment to change, for water allocation group class 2C, 3C, 4C or 6C, the nominal volume of the allocation to the nominal volume stated in schedule 6, table 1, column 2 for the group; (m) an amendment to increase, for a water allocation in water allocation group 4, 6 or 15, the annual volumetric limit for the allocation to the annual volumetric limit stated in schedule 6, table 2, column 2 for the allocation group; (n) an amendment to increase, for water allocation group 4, 6 or 15, the nominal volume for the group to the nominal volume stated in schedule 6, table 2, column 3 for the group.’. 49 Replacement of schs 1–3 Schedules 1 to 3— omit, insert— Page 52 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 49] ‘Schedule 1 Plan area and location of surface water nodes sections 4 and 7(2) 2009 SL No. 212 Page 53

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 49] ‘Schedule 2 Subcatchment areas section 5 Page 54 2009 SL No. 212

2009 SL No. 212 nodes Creek Stockyard Creek and location of groundwater ‘Schedule 2A Groundwater management area Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Cattle ! FINCH HATTON Middle Creek Creek Finch Hatton Coral Sea Owen Creek BEACONSFIELD TeeLma > ! b P kue aC 1 r l r mr a e > ! eTkr 3 ee > ! > ! 2 4 Mc Gregor > ! Cr 5 e ! > ek 6 ! > 7 # ! > > ! 8 C 9 M r W e ire e ai k rni ! MIRA ! > N ! > I 110121 ! > MA M R Wa I # er A iiar N ! n Lake Kinchant Pioneer NORTH ETON ! ! River DumbletonRocks Weir # ! FARLEIGH 13 ! > ! WALKERSTON Bake ! MACKAY rs Ck 14 BAKERS CREEK 15 ! > > ! Sandringham ! > 17 > ! 16 ! 18 ! > Bay Teemburr aC Blacks reek Creek Sandy ETON ! Black Waterhole Creek 19 > ! ! McEWANS ! > 26 27 Creek ! > 28 > ! > ! 25 ! > 24 20 ! > 23 > ! 21 > ! > ! BEACH Bell Creek 22 A4-0702905-03 sections 5A(1) and 7(2) LOCALITY PLAN AREA MACKAY ! BRISBANE LEGEND 23 > ! NodesPlan Area Boundary ® 0 2. 5 5 10 ig ator A ll 15 20 km ! SARINA Page 55 [s 49]

Page 56 ‘Schedule 2B Groundwater sub-areas [s 49] Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 Coral ! FINCH HATTON Middle Creek LOCALITY Finch Hatton Ck Stockyard Creek Owen Sea Creek Cattle Palm TreCek Lake Teemburra Teemburr 1 aC Blacks reek Mc Gregor 5 BEACONSFIELD ! 2 FA ! RLEIGH 3 Creek MIRAN M I aria 4 n Weir # ! MARIAN 6 ! Creek # MWireairni 7 Lake Kinchant NORTH ETON ! Pioneer D R um iv bl e et r on # Rocks Weir ! WALKERSTON Bake 11 8 Sandy 9 ETON ! 10 13 Creek rs Ck A ! 12 15 MACKAY B BAKERS CREEK ! Sandringham Bay C McEWANS BEACH ! D Creek Black Waterhole Creek 16 14 Be ll Creek Creek 17 ig at or PLAN AREA MACKAY ! BRISBANE LEGEND 3 Groundwater Sub- area B Locality within Sub- area 15 Groundwater Sub- area Boundary Plan Area Boundary ® 0 2. 5 5 10 A ll 15 20 km ! SARINA A4-0702903-09 2009 SL No. 212 section 5A(2)

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 49] ‘Schedule 2C Watercourse area section 5B 2009 SL No. 212 Page 57

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 49] ‘Schedule 3 Nodes ‘Part 1 Surface water section 7(2) Node A B C D E F G H I Location Pioneer River at a northerly projection of the common boundary of lot 2 on RP711122 and lot 1 on RP709234 where the common boundary intersects the Pioneer River Pioneer River at Mirani Weir tailwater gauging station (AMTD 45.7km) Pioneer River at Sarich’s gauging station (AMTD 57.7km) Teemburra Creek at Teemburra Dam tailwater gauging station (AMTD 20.2km) McGregor Creek at the regulating weir on the creek (AMTD 0.7km) Cattle Creek at Gargett gauging station (AMTD 11.0km) Palm Tree Creek at its confluence with Cattle Creek (AMTD 0.0km) Cattle Creek upstream of the outlet of the Tannallo pipeline (AMTD 21.2km) Finch Hatton Creek at its confluence with Cattle Creek (AMTD 0.0km) Page 58 2009 SL No. 212

‘Part 2 Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 49] Groundwater Node 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Location Cattle Creek Pinnacle area Cattle Creek Pinnacle area near its confluence with Owens Creek Palm Tree Creek Cattle Creek Gargett area Septimus area Barkers Creek area McGregor Creek McGregor Creek east of the Mt Ossa Road crossing Mirani West area De Moleyns Lagoon area Kinchant Dam area Pioneer River north of the Marian weir Mackay area east of the Bruce Highway and south of the Pioneer River Lower Bakers Creek at UTM coordinates 725777E 7655714N MGA Zone 55 Lower Bakers Creek at UTM coordinates 725926E 7654974N MGA Zone 55 Lower MacLennan Creek Upper Rocky Creek area Coastal area south of Lower Bakers Creek Coastal area north of McEwans Beach Estuary of Sandy Creek 2009 SL No. 212 Page 59

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 50] Node 21 22 23 24 25 26 27 28 Location Sandringham Creek in the Bruce Highway area Alligator Creek in the Bruce Highway area Sandringham Lagoon Marwood area Sandy Creek in the Homebush area Sandy Creek near its confluence with Ross Creek Sandy Creek at Homebush gauging station (AMTD 32.7km) Sandy Creek at a line perpendicular to the bank of the creek at UTM coordinates 717324E 7647415N MGA Zone 55, adjacent to lot 2 on RP703266’. 50 Amendment of sch 4 (Environmental flow objectives) (1) Schedule 4, heading, ‘section 20’— omit, insert— ‘sections 20 and 20A’. (2) Schedule 4, items 1 to 6 and 7(a), after ‘simulation period’— insert— ‘ for surface water’. (3) Schedule 4— insert— ‘Part 4 Baseflow objectives ‘11 At each node mentioned in table 9, column 1— (a) the percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 1ML be between the minimum and maximum percentages stated for the node in column 2; and Page 60 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 50] (b) the percentage of the total number of days in the simulation period for groundwater on which the daily flow is less than 50ML be between the minimum and maximum percentages stated for the node in column 3. Table 9 Column 1 Column 2 Column 3 Node Minimum–Maximum % Minimum–Maximum % 27 0-20 28 0-20 74-79 67-75 ‘Part 5 Relevant groundwater-dependent ecosystem flow objectives ‘12 At each node mentioned in table 10, column 1— (a) minimise the extent to which groundwater levels exceed the level 1 drawdown deviation stated in column 2; and (b) groundwater levels must not exceed the level 2 drawdown deviation stated in column 3. Table 10 Column 1 Node Column 2 Level 1 drawdown deviation (Metres) Column 3 Level 2 drawdown deviation (Metres) 1 0.5 2 0.5 3 0.5 4 0.8 5 3.0 6 3.0 7 1.6 8 0.8 0.5 0.5 0.5 1.0 5.0 5.0 3.0 1.2 2009 SL No. 212 Page 61

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 50] Column 1 Node Column 2 Level 1 drawdown deviation (Metres) Column 3 Level 2 drawdown deviation (Metres) 9 3.0 10 3.0 11 0.9 12 0.8 13 0.5 14 0.5 15 0.5 16 0.5 17 0.9 18 0.6 19 0.5 20 0.5 21 0.6 22 0.5 23 1.1 24 3.0 25 0.8 26 0.5 5.0 5.0 1.5 1.1 0.5 0.6 0.5 0.5 1.5 0.8 0.7 0.5 0.8 0.6 2.75 5.0 1.1 0.5 ‘Part 6 Seawater intrusion objectives ‘13 In each part of a groundwater sub-area, described in table 11, column 2, opposite the groundwater sub-area mentioned in column 1, the part of the groundwater sub-area, expressed in hectares, between the coastline and the maximum extent of simulated seawater intrusion is less than the seawater intruded area stated in column 3. Page 62 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 51] Table 11 Column 1 Column 2 Groundwater Part of groundwater sub-area sub-area Column 3 Area (Hectares) 15A north of the Pioneer River 265 influenced by the tide 15B south of the Pioneer River, and 1866 north of Bakers Creek, influenced by the tide 15C south of Bakers Creek, and north 2313 of Sandy Creek, influenced by the tide 15D south of Sandy Creek influenced 704 by the tide 16 south of Sandy Creek influenced 671’. by the tide between the estuaries of Sandy Creek and Alligator Creek 51 Amendment of sch 5 (Water allocation security objectives) (1) Schedule 5, part 2, item 5, ‘the table’— omit, insert— ‘table 1’. (2) Schedule 5, part 2, ‘Table’— omit, insert— ‘ Table 1 ’. (3) Schedule 5— insert— ‘Part 3 Groundwater ‘6 For a water allocation to take groundwater in a groundwater sub-area mentioned in table 2, column 1, the annual volume probability be at least the percentage stated opposite the 2009 SL No. 212 Page 63

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 52] sub-area in column 2, and the extent to which it is less than the percentage stated opposite the sub-area in column 3 be minimised. Column 1 Groundwater sub-area 4 5 6 7 8 9 10 11 12 13 14 15 16 Table 2 Column 2 Annual volume probability Minimum % 55 51 65 47 50 33 46 48 41 49 28 44 90 Column 3 Annual volume probability Maximum % 60 56 70 52 55 38 51 53 46 54 33 49 95’. 52 Amendment of sch 6 (Total volumes for water allocation groups) (1) Schedule 6, heading, after ‘section 40’— insert— ‘, 49M or 49N(2)’. (2) Schedule 6, before the table— Page 64 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 52] insert — (3) Schedule 6, table— insert— ‘Class 2C Class 3C Class 4C Class 6C (4) Schedule 6— insert— ‘Table 1 ’. the nominal volume for a water allocation to take declared water in the watercourse area in groundwater sub-area 1, subcatchment 2, stated in the resource operations plan the nominal volume for a water allocation to take declared water in the watercourse area in groundwater sub-area 1, subcatchment 3, stated in the resource operations plan the nominal volume for a water allocation to take declared water in the watercourse area in groundwater sub-area 1, subcatchment 4, stated in the resource operations plan the nominal volume for a water allocation to take declared water in the watercourse area in groundwater sub-area 1 or 4, subcatchment 6, stated in the resource operations plan ’. 2009 SL No. 212 Page 65

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 52] ‘ Table 2 Column 1 Column 2 Water Annual volumetric limit allocation ML group Column 3 Nominal volume ML 4 12107 plus the annual 9631 plus the nominal volumetric limits for water volumes for water licences, allocations, expressed in expressed in megalitres, in the megalitres, in the undeclared undeclared area in area in groundwater sub-area 4, groundwater sub-area 4, stated stated in the resource operations in the resource operations plan plan 5 1275 1130 6 1512 plus the annual 1107 plus the nominal volumetric limits for water volumes for water licences, allocations, expressed in expressed in megalitres, in the megalitres, in the undeclared undeclared area in area in groundwater sub-area 6, groundwater sub-area 6, stated stated in the resource operations in the resource operations plan plan 7 11133 9269 8 4837 4112 9 768 663 10 5413 3478 11 2250 1304 12 2575 971 13 4159 3201 14 2507 1952 Page 66 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 53] Column 1 Column 2 Water Annual volumetric limit allocation ML group 15 8704 plus the annual volumetric limits for water allocations, expressed in megalitres, in the undeclared area in groundwater sub-area 15, stated in the resource operations plan 16 188 Column 3 Nominal volume ML 4413 plus the nominal volumes for water licences, expressed in megalitres, in the undeclared area in groundwater sub-area 15, stated in the resource operations pla n 181’. 53 Insertion of new sch 6A After schedule 6— insert— ‘Schedule 6A Annual volumetric limit for groundwater sections 49N(1) and 49ZA(5) and schedule 10, definition complementary component Column 1 Groundwater sub-area 11 12 13 15A 15B 15C 15D 2009 SL No. 212 Column 2 Percentage 55 55 60 55 55 60 100 Page 67

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 54] Column 1 Groundwater sub-area 16 17 Column 2 Percentage 100 100’. 54 Amendment of sch 7 (Rates and pump sizes) Schedule 7, table— insert— ‘75 36 250 300 300 347 350 405 375 to 400 500 405 637 500 762 600 to 610 1000 660 1528 800 2130’. 55 Replacement of sch 8 (Water allocation groups) Schedule 8— omit, insert— Page 68 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 55] ‘Schedule 8 Water allocation groups sections 45 and 49Q ‘Part 1 Surface water Column 1 Column 2 Subcatchment Water allocation area group 1— 2 Class 2A 3 Class 3A 4 Class 4A 5 Class 5A 6 Class 6A 7 Class 7A 8— Column 3 Water allocation group Class 2C Class 3C Class 4C — Class 6C — — Column 4 Water allocation group Class 1B — — Class 4B Class 5B Class 6B Class 7B Class 8B ‘Part 2 Groundwater Column 1 Groundwater sub-area 4 5 6 7 8 2009 SL No. 212 Column 2 Water allocation group 4 5 6 7 8 Page 69

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 56] Column 1 Groundwater sub-area 9 10 11 12 13 14 15 16 Column 2 Water allocation group 9 10 11 12 13 14 15 16’. 56 Amendment of sch 9 (Priority areas) Schedule 9— insert— ‘4 Groundwater priority area ‘The groundwater priority area consists of groundwater sub-areas 4 to 16.’. 57 Insertion of new schs 9A–9C After schedule 9— insert— Page 70 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] ‘Schedule 9A Coastline and seawater intrusion baseline schedule 10, definitions coastline and s eawater intrusion baseline 2009 SL No. 212 Page 71

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] ‘Schedule 9B Domestic areas schedule 10, definitions domestic area A , domestic area B and domestic area C Page 72 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] ‘Schedule 9C Annual entitlement section 49Y ‘Part 1 2009–2010 water year ‘1 Groundwater sub-area 11, 15, 16 or 17 ‘(1) For the water year starting on 1 July 2009, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded is— (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. ‘(2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— R=N x A where— R means the relevant annual entitlement for the licence. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area. 2009 SL No. 212 Page 73

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] ‘Part 2 2010–2011 water year ‘2 Groundwater sub-area 11, 15, 16 or 17 ‘(1) For the water year starting on 1 July 2010, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded is— (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. ‘(2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— R=F x N x A where— R means the relevant annual entitlement for the licence. F means 0.6. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area. ‘Part 3 2011–2012 water year ‘3 Groundwater sub-area 11, 15A or 15B ‘(1) For the water year starting on 1 July 2011, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part Page 74 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] of groundwater sub-area 11, 15A or 15B, that is seawater intruded is— (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. ‘(2) In this section— relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— R=F x N x A where— R means the relevant annual entitlement for the licence. F means 0.55. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area. ‘4 Groundwater sub-area 15C, 15D, 16 or 17 ‘(1) For the water year starting on 1 July 2011, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 15C, 15D, 16 or 17 that is seawater intruded is— (a) if the nominal entitlement stated on the licence is more than 5ML, the greater of the following— (i) the relevant annual entitlement for the licence; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. ‘(2) In this section— 2009 SL No. 212 Page 75

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] relevant annual entitlement , for a licence, means the annual entitlement for the licence worked out using the formula— R=F x N x A where— R means the relevant annual entitlement for the licence. F means 0.6. N means the nominal entitlement stated on the licence. A means the announced entitlement for the water year for the part of the area. ‘Part 4 2012–2013 water year ‘5 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm ‘For the water year starting on 1 July 2012, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is less than 1500µS/cm is— (a) if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— (i) 20 multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or Page 76 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] (c) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. ‘6 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more ‘(1) For the water year starting on 1 July 2012, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is 1500µS/cm or more is 0. ‘(2) However, if the water taken under the licence is for public health purposes, the annual entitlement is— (a) if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— (i) 20 multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or (c) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. 2009 SL No. 212 Page 77

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 57] ‘Part 5 2013–2014 water year ‘7 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of less than 1500µS/cm ‘For the water year starting on 1 July 2013, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is less than 1500µS/cm is— (a) if the nominal entitlement stated on the licence is 20ML or more, the greater of the following— (i) 20 multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or (b) if the nominal entitlement stated on the licence is less than 20ML but more than 5ML, the greater of the following— (i) the nominal entitlement stated on the licence multiplied by the announced entitlement for the water year for the part of the area; (ii) 5ML; or (c) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence. ‘8 Groundwater sub-area 11, 15, 16 or 17—electrical conductivity of 1500µS/cm or more ‘(1) For the water year starting on 1 July 2013, the annual entitlement for authorisation 5, 13, or 15 (a licence ) in the part of groundwater sub-area 11, 15, 16 or 17 that is seawater intruded where the electrical conductivity of groundwater is 1500µS/cm or more is 0. ‘(2) However, if the water taken under the licence is for public health purposes, the annual entitlement is— Page 78 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] (a) if the nominal entitlement stated on the licence is more than 5ML—5ML; or (b) if the nominal entitlement stated on the licence is 5ML or less—the nominal entitlement stated on the licence.’. 58 Amendment of sch 10 (Dictionary) (1) Schedule 10, authorisation , nominal volume, simulation period and water allocation group — omit. (2) Schedule 10— insert— ‘ µS means micro-siemens. announced entitlement , for a water year, means an announced entitlement for the water year decided by the chief executive under section 49Z. annual entitlement , for authorisation 5, 8, 10, 12, 13 or 15, means the volume of water that may be taken under the authorisation during a particular water year. annual volume probability , for a group of water allocations to take groundwater, means the percentage of years in the simulation period for groundwater in which the volume of water that may be taken by the group is at least the total of the nominal volumes for the allocations in the group. authorisation — (a) generally, means a licence, permit or other authority to take or interfere with water under the Act or the repealed Act, other than a permit for stock or domestic purposes; or (b) for part 5, division 5—see section 31. authorisation 1 means an authorisation to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 4, 5, 6, 7, 8, 9, 10 or 14, other than a water licence that was an in conjunction water licence to take groundwater or standby water licence to take groundwater. 2009 SL No. 212 Page 79

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] Page 80 authorisation 2 means a water licence to take groundwater that was an in conjunction water licence to take groundwater or standby water licence to take groundwater, other than authorisation 13. authorisation 3 means an authorisation under section 49I(2) for continuing to take groundwater in the part of the undeclared area in groundwater sub-area 4 or 6 using the works mentioned in the section. authorisation 5 means a water licence to take groundwater, in force immediately before the plan amendment day, in the part of groundwater sub-area 11, 15 or 16 that is seawater intruded, other than authorisation 13. authorisation 6 means a water licence to take groundwater, in force immediately before the plan amendment day, in the part of groundwater sub-area 15D or 16 that is not seawater intruded. authorisation 7 means a water licence to take groundwater, in force immediately before the plan amendment day, in the part of groundwater sub-area 11, 15A, 15B or 15C that is not seawater intruded, other than the complementary component of the licence. authorisation 8 means a water licence to take groundwater comprising the available component of authorisation 7. authorisation 9 means a water licence to take groundwater, in force immediately before the plan amendment day, in groundwater sub-area 12 or 13, other than the complementary component of the licence. authorisation 10 means a water licence to take groundwater comprising the available component of authorisation 9. authorisation 11 means a water licence to take groundwater, commonly known as water licence 20155L, in force immediately before the plan amendment day, other than the complementary component of the licence. authorisation 12 means a water licence to take groundwater comprising the complementary component of authorisation 11. 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] authorisation 13 means a water licence to take groundwater that was an in conjunction water licence to take groundwater, or standby water licence to take groundwater, in the part of groundwater sub-area 15, 16 or 17 that is seawater intruded. authorisation 15 means a water licence to take groundwater for a purpose other than aquaculture purposes, in force immediately before the plan amendment day, in the part of groundwater sub-area 17 that is seawater intruded. authorisation 16 means a water licence to take groundwater for aquaculture purposes, in force immediately before the plan amendment day, in the part of groundwater sub-area 17 that is seawater intruded. available component , of authorisation 7 or 9, means— (a) for authorisation 7 or 9 mentioned in section 49N(1)(e)(i)—0; or (b) for authorisation 7 or 9 mentioned in section 49N(1)(e)(ii)—the difference between the precomplementary component nominal entitlement for the authorisation and the annual volumetric limit for the allocation. baseflow means the part of streamflow derived from the natural discharge of groundwater into a watercourse, lake or spring. coastline means the line marked as the coastline on the map in schedule 9A. complementary component , of a water licence to take groundwater, means— (a) for authorisation 7 or 9 for taking groundwater in a groundwater sub-area mentioned in schedule 6A, column 1—the volume worked out using the formula— C = N × ⎛⎝ 1 – 1 --- n - 0 --- 0 - ⎠⎞ 2009 SL No. 212 where— C means the complementary component. Page 81

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] N means the nominal entitlement stated on the licence immediately before the plan amendment day. n means the number stated in schedule 6A, column 2, opposite the groundwater sub-area mentioned in column 1; or (b) for authorisation 11—4200ML. constructing authority has the meaning given in the Acquisition of Land Act 1967 , section 2. daily volumetric limit , for a water entitlement, means the maximum volume of water that may be taken under a water entitlement in a day. declared water see section 5B. domestic area means domestic area A, domestic area B or domestic area C. domestic area A means the area shown as domestic area A on the map in schedule 9B. domestic area B means the area shown as domestic area B on the map in schedule 9B. domestic area C means the area shown as domestic area C on the map in schedule 9B. drawdown means the actual or simulated lowering of the groundwater level in a water bore that is caused by pumping. Eton priority area see schedule 9, section 1. Eton water supply scheme means the area consisting of the Eton priority area. fresh groundwater means groundwater that has— (a) low concentrations of salt and other impurities; and (b) an electrical conductivity of less than 1500µS/cm. groundwater means water from an underground source. groundwater-dependent ecosystem means a biological ecosystem that is wholly or partly dependent on groundwater, including the following— Page 82 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] (a) an aquifer, baseflow or wetland ecosystem; (b) an estuarine or near-shore marine ecosystem; (c) a riparian vegetation ecosystem; (d) a terrestrial vegetation ecosystem. groundwater management area means the groundwater management area under section 5A(1). groundwater sub-area means a groundwater sub-area under section 5A(2). groundwater sub-area 15A means the locality in groundwater sub-area 15 shown as ‘A’ on the map in schedule 2B. groundwater sub-area 15B means the locality in groundwater sub-area 15 shown as ‘B’ on the map in schedule 2B. groundwater sub-area 15C means the locality in groundwater sub-area 15 shown as ‘C’ on the map in schedule 2B. groundwater sub-area 15D means the locality in groundwater sub-area 15 shown as ‘D’ on the map in schedule 2B. hyporheic zone means the zone in which an exchange between surface water and groundwater occurs. in conjunction water licence — 1 In conjunction water licence means a water licence to take or interfere with unsupplemented water that— (a) was in force immediately before the plan amendment day: and (b) stated a maximum area that may be irrigated by taking or interfering with unsupplemented water under the licence; and (c) immediately before 16 June 2005, included a condition authorising the taking of a combination of unsupplemented water and surface water from the Eton water supply scheme. 2 In conjunction water licence means a water licence to take groundwater that— 2009 SL No. 212 Page 83

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] Page 84 (a) was in force immediately before the plan amendment day; and (b) stated a nominal entitlement for taking groundwater; and (c) immediately before 16 June 2005, included a condition authorising the total volume of surface water taken from the Eton water supply scheme and groundwater taken in a water year under the licence to be no more than the nominal entitlement stated on the licence. Example of a condition included on an in conjunction water licence to take groundwater — a condition authorising the taking of groundwater in conjunction with the channel supply for the Eton water supply scheme June 2003 level mean the actual or simulated groundwater level in a water bore on 30 June 2003. level 1 drawdown deviation means the drawdown below the June 2003 level that may be exceeded, from time to time, for periods of more than 365 consecutive days. level 2 drawdown deviation means the drawdown below the June 2003 level that must not be exceeded for more than 365 consecutive days. MGA means Map Grid of Australia 1994 mentioned in the ‘Geocentric datum of Australia technical manual’ published by the Intergovernmental Committee on Surveying and Mapping. Editor’s note — At the plan amendment day, the manual could be inspected on the committee’s website at < nominal entitlement see the Water Regulation 2002 , section 65. Pioneer subartesian area means the Pioneer subartesian area on plan AP10057, declared to be a subartesian area under the Water Regulation 2002 , section 102. plan amendment day means the day this definition commences. 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] plan area means the area shown as the plan area on the map in schedule 1. plan of survey has the meaning given by the Land Title Act1994 , schedule 2. precomplementary component nominal entitlement , for authorisation 7 or 9, means the nominal entitlement stated on the authorisation before the complementary component of the authorisation is worked out. public health purposes includes ablutions and toilets. quarterly volumetric limit , for a water entitlement, means the maximum volume of water that may be taken under a water entitlement in any 3 consecutive months. registered means registered in the freehold land register. relevant groundwater-dependent ecosystem means a groundwater-dependent ecosystem that is a riparian vegetation ecosystem or terrestrial vegetation ecosystem. riparian vegetation ecosystem means a vegetation ecosystem, other than a terrestrial vegetation ecosystem, that includes groundwater-dependent vegetation growing on, or immediately adjacent to, the banks of a lagoon or stream in the plan area. seawater intrusion means the ingress of seawater— (a) from the coast or an estuary into an aquifer in which there is fresh groundwater; and (b) caused by human activities. seawater intrusion baseline means a line— (a) marked as the seawater intrusion baseline on the map in schedule 9A; and (b) representing the seawater intrusion front as at the plan amendment day. seawater intrusion front means a line representing the extent of seawater intrusion into an aquifer where the electrical conductivity of groundwater in the aquifer is at least 1500µS/cm. 2009 SL No. 212 Page 85

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] simulation period means the period— (a) for surface water—from 1 July 1900 to 30 June 1996; or (b) for groundwater—from 1 July 1900 to 30 June 2003. standby water licence — 1 Standby water licence means a water licence to take or interfere with unsupplemented water that— (a) was in force immediately before the plan amendment day: and (b) stated a maximum area that may be irrigated by taking or interfering with water under the licence; and (c) immediately before 16 June 2005, included a condition authorising the taking of unsupplemented water only if surface water from the Eton water supply scheme is unavailable. Example of a condition included on a standby water licence to take unsupplemented water — a condition that unsupplemented water may be taken under the licence only if surface water normally taken from the Eton water supply scheme is not available 2 Standby water licence means a water licence to take groundwater that— (a) was in force immediately before the plan amendment day: and (b) stated a nominal entitlement for taking groundwater; and (c) immediately before 16 June 2005, included a condition authorising the taking of groundwater only if surface water from the Eton water supply scheme is unavailable. surface water see section 8(a). terrestrial vegetation ecosystem means a vegetation ecosystem, other than a riparian vegetation ecosystem . undeclared area means the area, comprising the part of groundwater sub-area 1, 2, 3, 4, 6 or 15, that is not the Pioneer subartesian area. Page 86 2009 SL No. 212

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 [s 58] UTM means a system known as Universal Transverse Mercator used to project a spherical earth onto a flat map. voluntary acquisition , of land, means acquisition of land, other than under the Acquisition of Land Act 1967 , with the agreement of the owner of the land. water allocation group means— (a) for a water allocation group for water allocations to take surface water—a water allocation group mentioned in schedule 8, part 1; or (b) for a water allocation group for water allocations to take groundwater—a water allocation group mentioned in schedule 8, part 2. water bore means a subartesian bore. watercourse area means the area shown as the watercourse area on the map in schedule 2C.’. (3) Schedule 10, definitions annual proportional flow deviation , 50% daily flow , 90% daily flow , mean annual flow , mean wet season flow , monthly supplemented water sharing index , pre-development flow pattern , simulated mean annual diversion , 30% unsupplemented water sharing index , 50% unsupplemented water sharing index and 70% unsupplemented water sharing index , after ‘simulation period’— insert— ‘for surface water’. (4) Schedule 10, definition unsupplemented water , ‘means water’— omit, insert— ‘means surface water’. 2009 SL No. 212 Page 87

Water Resource (Pioneer Valley) Amendment Plan (No. 1) 2009 ENDNOTES 1 Approved by the Governor in Council on 8 October 2009. 2 Notified in the gazette on 9 October 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Environment and Resource Management. © State of Queensland 2009 Page 88 2009 SL No. 212