Water Resource Plans Amendment Plan (No. 2) 2014 (Qld)

Queensland Water Resource Plans Amendment Plan (No. 2) 2014 Subordinate Legislation 2014 No. 331 made under the WaterAct2000 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of Water Resource (Border Rivers) Plan 2003 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5A Groundwater management area . . . . . . . . . . . . . . . . 5 Amendment of s 8 (Water to which plan applies) . . . . . . . . . . . . . 6 Amendment of s 9 (Outcomes, including ecological outcomes, for the plan area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 1A Limitation on taking water without water entitlement 16A Limitations on taking water without water licence. . . . 7 Amendment of s 18 (Decisions not to increase amount of water taken) 7 Insertion of new pt 5, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 5A Regulation of groundwater 37A Application of div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . 8 37B Elements of water licences. . . . . . . . . . . . . . . . . . . . . 8 37C Conditions for taking groundwater . . . . . . . . . . . . . . . 8 37D Limitation on taking or interfering with groundwater . . 8

Water Resource Plans Amendment Plan (No. 2) 2014 Contents 9 10 11 12 13 14 Part 3 15 16 17 18 19 20 21 Page 2 37E Taking groundwater for stock or domestic purposes using existing groundwater works . . . . . . . . . . . . . . . . . . . . 9 37F Direction to chief executive about non-acceptance of application to take groundwater . . . . . . . . . . . . . . . . . 10 37G Relationship with Sustainable Planning Act 2009 . . . 10 Replacement of pt 5, div 6 (Strategic reserve) . . . . . . . . . . . . . . . 10 Division 6 Unallocated water 38 Unallocated water held as a general reserve and strategic reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 39 Limitations on allocation from general reserve. . . . . . 11 40 Limitations on allocation from strategic reserve . . . . . 11 41 Process for granting unallocated water . . . . . . . . . . . 12 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 8 Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014 51 Existing applications for water licence to take or interfere with groundwater . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Schedule 1A Border Rivers groundwater management area Insertion of new sch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Schedule 3A Allocation of unallocated water—general reserve Amendment of sch 4 (Allocation of unallocated water) . . . . . . . . 15 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of Water Resource (Condamine and Balonne) Plan 2004 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 5A Groundwater management area . . . . . . . . . . . . . . . . 16 Amendment of s 8 (Water to which plan applies) . . . . . . . . . . . . . 17 Amendment of s 9 (Outcomes, including ecological outcomes, for the plan area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 1A Limitation on taking water without water entitlement 15A Limitations on taking water without water licence. . . . 18 Amendment of s 17 (Decisions not to increase amount of water taken) 18 Insertion of new pt 5, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 2A Unallocated water 2014 SL No. 331

22 23 24 25 26 Part 4 27 28 29 30 31 Water Resource Plans Amendment Plan (No. 2) 2014 Contents 20A Unallocated water held as a general reserve . . . . . . . 19 20B Limitations on allocation from general reserve. . . . . . 19 20C Process for granting unallocated water . . . . . . . . . . . 19 Insertion of new pt 5, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 5A Regulation of groundwater 50A Application of div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . 19 50B Elements of water licences. . . . . . . . . . . . . . . . . . . . . 20 50C Conditions for taking groundwater . . . . . . . . . . . . . . . 20 50D Limitation on taking or interfering with groundwater . . 20 50E Taking groundwater for stock or domestic purposes using existing works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 50F Direction to chief executive about non-acceptance of application to take groundwater . . . . . . . . . . . . . . . . . 21 50G Adjustment of water licences to state annual volumetric limit—Act, s 46(2)(j) . . . . . . . . . . . . . . . . . . . . . . . . . . 22 50H Relationship with Sustainable Planning Act 2009 . . . 22 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Part 8 Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014 63 Existing applications for water licence to take or interfere with groundwater . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Schedule 1A Condamine and Balonne groundwater management area Insertion of new sch 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Schedule 2A Allocation of unallocated water—general reserve Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 25 Amendment of Water Resource (Moonie) Plan 2003 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 5A Groundwater management area . . . . . . . . . . . . . . . . 26 Amendment of s 8 (Water to which plan applies) . . . . . . . . . . . . . 26 Amendment of s 9 (Outcomes, including ecological outcomes, for the plan area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 1A Limitation on taking water without water entitlement 16A Limitations on taking water without water licence. . . . 27 2014 SL No. 331 Page 3

Water Resource Plans Amendment Plan (No. 2) 2014 Contents 32 Amendment of s 18 (Decisions not to increase amount of water taken) 28 33 Insertion of new pt 5, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 5A Regulation of groundwater 37A Application of div 5A. . . . . . . . . . . . . . . . . . . . . . . . . . 28 37B Elements of water licences. . . . . . . . . . . . . . . . . . . . . 28 37C Limitation on taking or interfering with groundwater . . 29 37D Direction to chief executive about non-acceptance of application to take groundwater . . . . . . . . . . . . . . . . . 29 37E Relationship with Sustainable Planning Act 2009 . . . 29 34 Replacement of pt 5, div 6 (Strategic reserve) . . . . . . . . . . . . . . . 30 Division 6 Unallocated water 38 Unallocated water held as a general reserve and strategic reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 38A Limitations on allocation from general reserve. . . . . . 30 39 Limitations on allocation from strategic reserve . . . . . 30 40 Process for granting unallocated water . . . . . . . . . . . 31 35 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 8 Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014 51 Existing applications for water licence to take or interfere with groundwater . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 36 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Schedule 1A Moonie groundwater management area 37 Insertion of new sch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Schedule 3A Allocation of unallocated water—general reserve 38 Amendment of sch 4 (Allocation of unallocated water) . . . . . . . . 34 39 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 34 Page 4 2014 SL No. 331

Part 1 Water Resource Plans Amendment Plan (No. 2) 2014 Part 1 Preliminary [s 1] Preliminary 1 Short title This water resource plan may be cited as the Water Resource Plans Amendment Plan (No. 2) 2014 . Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 2 Plan amended This part amends the Water Resource (Border Rivers) Plan 2003. 3 Insertion of new s 5A After section 5— insert — 5A Groundwater management area (1) The part of the plan area shown as the Border Rivers groundwater management area on the map in schedule 1A is the groundwater management area . (2) The groundwater management area consists of the following (each a groundwater unit )— (a) the Border Rivers fractured rock; (b) the Border Rivers alluvium; (c) the sediments above the Great Artesian Basin. 2014 SL No. 331 Page 5

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 4] 4 Amendment of s 8 (Water to which plan applies) (1) Section 8, from ‘This plan’ to ‘the plan area—’— omit, insert — (1) This plan applies to surface water and groundwater. (2) The following water is surface water — (2) Section 8— insert — (3) Groundwater is subartesian water not connected to artesian water. 5 Amendment of s 9 (Outcomes, including ecological outcomes, for the plan area) (1) Section 9(j)— omit, insert — (j) consistency with the Basin Plan 2012 (Cwlth); Note — The Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at < (2) Section 9— insert — (l) to protect the productive base of groundwater. 6 Insertion of new pt 5, div 1A After section 16— insert— Page 6 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 7] Division 1A Limitation on taking water without water entitlement 16A Limitations on taking water without water licence (1) This section prescribes the limitation on the water that may be taken under the Act, section 20(2)(a). (2) The total volume of water a person may take without a water entitlement is limited to 2 megalitres each year. 7 Amendment of s 18 (Decisions not to increase amount of water taken) Section 18(2)— omit, insert — (2) Subsection (1) does not apply to a decision about— (a) taking unallocated water granted under section 41; or (b) taking or interfering with groundwater, other than groundwater in those parts of a groundwater unit that are within the groundwater management area. 8 Insertion of new pt 5, div 5A After section 37— insert — 2014 SL No. 331 Page 7

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 8] Division 5A Regulation of groundwater 37A Application of div 5A This division applies to groundwater in those parts of a groundwater unit that are within the groundwater management area. 37B Elements of water licences (1) A water licence to take or interfere with groundwater must state a nominal entitlement for the licence. (2) In this section— nominal entitlement see the WaterRegulation2002 , section 65. 37C Conditions for taking groundwater The chief executive must consider any existing water sharing rules when deciding the water sharing rules to be included in the resource operations plan for a water licence to take or interfere with groundwater. Page 8 37D Limitation on taking or interfering with groundwater (1) This section limits the groundwater that may be taken, or interfered with, under section 20(2)(c) of the Act. (2) A person may take or interfere with groundwater only— (a) under a water licence; or (b) under a water permit; or (c) under a seasonal water assignment notice; or (d) for stock or domestic purposes; or 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 8] (e) for an activity prescribed under a regulation for section 20(2)(a) of the Act. (3) However, despite subsection (2)(d), a person mentioned in section 37E may take or interfere with groundwater for stock or domestic purposes only under section 37E. 37E Taking groundwater for stock or domestic purposes using existing groundwater works (1) This section applies if— (a) a person is taking groundwater from the Border Rivers alluvium for stock or domestic purposes; and (b) the groundwater is being taken from land that is in a service area under the WaterSupply (Safety and Reliability) Act 2008 for a retail water service. (2) The person may take the groundwater using only existing works. (3) In this section— existing works means— (a) works constructed commencement; or before the (b) works constructed in accordance with an agreement with the chief executive that was entered into within 30 days after the commencement; or (c) works replacing works mentioned in paragraph (a) or (b). 2014 SL No. 331 Page 9

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 9] 37F Direction to chief executive about non-acceptance of application to take groundwater (1) This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater. (2) The chief executive is directed, under section 46(2)(f) of the Act, to refuse to accept the application if granting the application would increase the amount of water that may be taken in the plan area. Note — See section 41 for the process for granting unallocated water. 37G Relationship with Sustainable Planning Act2009 (1) Works for taking or interfering with groundwater are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(c)(ii). (2) However, this section does not apply to a water bore that is constructed more than— (a) 200m from a boundary of a parcel of land; or (b) 400m from another water bore. 9 Replacement of pt 5, div 6 (Strategic reserve) Part 5, division 6— omit, insert — Page 10 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 9] Division 6 Unallocated water 38 Unallocated water held as a general reserve and strategic reserve Unallocated water in the plan area is held as a general reserve or a strategic reserve. 39 Limitations on allocation from general reserve The allocation of unallocated water from the general reserve is limited to— (a) water in the groundwater units mentioned in schedule 3A, column 1; and (b) the annual volume of water mentioned for each of the groundwater units in schedule 3A, column 2; and (c) water for a use mentioned for each of the groundwater units in schedule 3A, column 3. 40 Limitations on allocation from strategic reserve (1) The allocation of unallocated water from the strategic reserve is limited to— (a) water in the parts of the plan area mentioned in schedule 4, column 1; and (b) the average annual volume of water mentioned for each of the parts in schedule 4, column 2; and (c) water for a use mentioned for each of the parts in schedule 4, column 3. (2) Subsection (1)(b) applies to water from a watercourse, lake or spring. 2014 SL No. 331 Page 11

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 10] (3) However, the chief executive may instead allow an equivalent volume of water to be taken as overland flow water. (4) For subsection (3), an equivalent volume is the volume, decided by the chief executive, that would have an equivalent impact on the end of system flow. 41 Process for granting unallocated water The process for granting unallocated water in the plan area is the process stated in the WaterRegulation 2002 . 10 Insertion of new pt 8 After section 50— insert — Part 8 Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014 51 Existing applications for water licence to take or interfere with groundwater (1) This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater in the plan area that has not been decided before the commencement. (2) The chief executive is directed, under section 46(2)(f) of the Act, to refuse to grant the application. Page 12 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 11] 11 Insertion of new sch 1A After schedule 1— insert — Schedule 1A Border Rivers groundwater management area section 5A 2014 SL No. 331 Page 13

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 11] Page 14 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 2 Amendment of Water Resource (Border Rivers) Plan 2003 [s 12] 12 Insertion of new sch 3A After schedule 3— insert — Schedule 3A Allocation of unallocated water—general reserve section 39 Column 1 Column 2 Groundwater unit Annual volume Border Rivers fractured rock 418ML sediments above the 3000ML Great Artesian Basin Column 3 Use Any Any 13 Amendment of sch 4 (Allocation of unallocated water) Schedule 4, heading, after ‘water’— insert — — strategic reserve 14 Amendment of sch 5 (Dictionary) (1) Schedule 5, definition groundwater — omit . (2) Schedule 5— insert — groundwater see section 8. groundwater management area see section 5A. 2014 SL No. 331 Page 15

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 15] groundwater unit see section 5A. surface water see section 8. Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 15 Plan amended This part amends the Water Resource (Condamine and Balonne) Plan 2004. 16 Insertion of new s 5A After section 5— insert — 5A Groundwater management area (1) The part of the plan area shown as the Condamine and Balonne groundwater management area on the map in schedule 1A is the groundwater management area . (2) The groundwater management area consists of the following (each a groundwater unit )— (a) the St George alluvium (shallow); (b) the St George alluvium (deep); (c) the sediments above the Great Artesian Basin; (d) the upper Condamine alluvium (Central Condamine alluvium); (e) the upper Condamine alluvium (tributaries); Page 16 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 17] (f) the upper Condamine basalts; (g) the Condamine fractured rock. 17 Amendment of s 8 (Water to which plan applies) (1) Section 8, from ‘This plan’ to ‘the plan area—’— omit, insert — (1) This plan applies to surface water and groundwater. (2) The following water is surface water — (2) Section 8— insert — (3) Groundwater is subartesian water not connected to artesian water. 18 Amendment of s 9 (Outcomes, including ecological outcomes, for the plan area) (1) Section 9(p)— omit, insert — (p) consistency with the Basin Plan 2012 (Cwlth); Note — The Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at < (2) Section 9— insert — (r) to protect the productive base of groundwater. 19 Insertion of new pt 5, div 1A After section 15— 2014 SL No. 331 Page 17

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 20] insert— Division 1A Limitation on taking water without water entitlement 15A Limitations on taking water without water licence (1) This section prescribes the limitation on the water that may be taken under the Act, section 20(2)(a). (2) The total volume of water a person may take without a water entitlement is limited to 2 megalitres each year. 20 Amendment of s 17 (Decisions not to increase amount of water taken) (1) Section 17— insert — (1A) Subsection (1) does not apply to a decision about— (a) taking unallocated water granted under section 20C; or (b) taking or interfering with groundwater, other than groundwater in a groundwater unit. (2) Section 17(1A) and (2)— renumber as section (2) and (3). 21 Insertion of new pt 5, div 2A After section 20— insert — Page 18 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 22] Division 2A Unallocated water 20A Unallocated water held as a general reserve Unallocated water in the plan area is held as a general reserve. 20B Limitations on allocation from general reserve The allocation of unallocated water from the general reserve is limited to— (a) water in the groundwater units mentioned in schedule 2A, column 1; and (b) the annual volume of water mentioned for each of the groundwater units in schedule 2A, column 2; and (c) water for a use mentioned for each of the groundwater units in schedule 2A, column 3. 20C Process for granting unallocated water The process for granting unallocated water in the plan area is the process stated in the WaterRegulation 2002 . 22 Insertion of new pt 5, div 5A After section 50— insert — Division 5A Regulation of groundwater 50A Application of div 5A This division applies to groundwater in a groundwater unit. 2014 SL No. 331 Page 19

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 22] 50B Elements of water licences (1) A water licence to take or interfere with groundwater must state a nominal entitlement for the licence. (2) In this section— nominal entitlement see the WaterRegulation2002 , section 65. 50C Conditions for taking groundwater The chief executive must consider any existing water sharing rules when deciding the water sharing rules to be included in the resource operations plan for a water licence to take or interfere with groundwater. 50D Limitation on taking or interfering with groundwater (1) This section limits the groundwater that may be taken, or interfered with, under section 20(2)(c) of the Act. (2) A person may take or interfere with groundwater only— (a) under a water licence; or (b) under a water permit; or (c) under a seasonal water assignment notice; or (d) for stock or domestic purposes; or (e) for an activity prescribed under a regulation for section 20(2)(a) of the Act. (3) However, despite subsection (2)(d), a person mentioned in section 50E may take or interfere with groundwater for stock or domestic purposes only under section 50E. Page 20 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 22] 50E Taking groundwater for stock or domestic purposes using existing works (1) This section applies if— (a) a person is taking groundwater from the following groundwater units for stock or domestic purposes— (i) the St George alluvium (deep); (ii) the upper Condamine alluvium (Central Condamine alluvium); (iii) the upper Condamine alluvium (tributaries); (iv) the upper Condamine basalts; and (b) the groundwater is being taken from land that is in a service area under the WaterSupply (Safety and Reliability) Act 2008 for a retail water service. (2) The person may take the groundwater using only existing works. (3) In this section— existing works means— (a) works constructed before 13 July 2012; or (b) works replacing works mentioned in paragraph (a). 50F Direction to chief executive about non-acceptance of application to take groundwater (1) This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater. (2) The chief executive is directed, under section 46(2)(f) of the Act, to refuse to accept the application if granting the application would 2014 SL No. 331 Page 21

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 22] increase the amount of water that may be taken in the plan area. Note — See section 20C for the process for granting unallocated water. 50G Adjustment of water licences to state annual volumetric limit—Act, s 46(2)(j) (1) This section applies to a holder of a water licence if— (a) the licence does not state a maximum volume of groundwater that may be taken under the licence; and (b) the works proposed to be used by the holder to take the groundwater under the licence— (i) have not been constructed; or (ii) have been constructed but the works do not allow for the taking of the groundwater to which the licence relates. (2) The chief executive must adjust the holder’s licence to state an entitlement of zero megalitres for the licence. Page 22 50H Relationship with Sustainable Planning Act2009 (1) Works for taking or interfering with groundwater are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(c)(ii). (2) However, this section does not apply to a water bore that is constructed more than— (a) 200m from a boundary of a parcel of land; or 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 23] (b) 400m from another water bore. 23 Insertion of new pt 8 After section 62— insert — Part 8 Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014 63 Existing applications for water licence to take or interfere with groundwater (1) This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater in the plan area that has not been decided before the commencement. (2) The chief executive is directed, under section 46(2)(f) of the Act, to refuse to grant the application. 24 Insertion of new sch 1A After schedule 1— insert — Schedule 1A Condamine and Balonne groundwater management area section 5A 2014 SL No. 331 Page 23

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 25] 25 Insertion of new sch 2A After schedule 2— insert — Page 24 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 3 Amendment of Water Resource (Condamine and Balonne) Plan 2004 [s 26] Schedule 2A Allocation of unallocated water—general reserve section 20B Column 1 Column 2 Groundwater unit Annual volume St George alluvium (shallow) sediments above the Great Artesian Basin Condamine fractured rock 3000ML 3000ML 660ML Column 3 Use Any Any Any 26 Amendment of sch 5 (Dictionary) Schedule 5— insert — groundwater see section 8. groundwater management area see section 5A. groundwater unit see section 5A. surface water see section 8. 2014 SL No. 331 Page 25

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 27] Part 4 Amendment of Water Resource (Moonie) Plan 2003 27 Plan amended This part amends the Water Resource (Moonie) Plan 2003. 28 Insertion of new s 5A After section 5— insert — 5A Groundwater management area (1) The part of the plan area shown as the Moonie groundwater management area on the map in schedule 1A is the groundwater management area . (2) The groundwater management area consists of the following (each a groundwater unit )— (a) the St George alluvium (shallow); (b) the St George alluvium (deep); (c) the sediments above the Great Artesian Basin. 29 Amendment of s 8 (Water to which plan applies) (1) Section 8, from ‘This plan’ to ‘the plan area—’— omit, insert — (1) This plan applies to surface water and groundwater. (2) The following water is surface water — (2) Section 8— insert — Page 26 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 30] (3) Groundwater is subartesian water not connected to artesian water. 30 Amendment of s 9 (Outcomes, including ecological outcomes, for the plan area) (1) Section 9(i)— omit, insert — (i) consistency with the Basin Plan 2012 (Cwlth); Note — The Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at < (2) Section 9— insert — (k) to protect the productive base of groundwater. 31 Insertion of new pt 5, div 1A After section 16— insert— Division 1A Limitation on taking water without water entitlement 16A Limitations on taking water without water licence (1) This section prescribes the limitation on the water that may be taken under the Act, section 20(2)(a). (2) The total volume of water a person may take without a water entitlement is limited to 2 megalitres each year. 2014 SL No. 331 Page 27

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 32] 32 Amendment of s 18 (Decisions not to increase amount of water taken) Section 18(2)— omit, insert — (2) Subsection (1) does not apply to a decision about— (a) taking unallocated water granted under section 41; or (b) taking or interfering with groundwater, other than groundwater in a groundwater unit. 33 Insertion of new pt 5, div 5A After section 37— insert — Division 5A Regulation of groundwater 37A Application of div 5A This division applies to groundwater in a groundwater unit. 37B Elements of water licences (1) A water licence to take or interfere with groundwater must state a nominal entitlement for the licence. (2) In this section— nominal entitlement see the WaterRegulation2002 , section 65. Page 28 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 33] 37C Limitation on taking or interfering with groundwater (1) This section limits the groundwater that may be taken, or interfered with, under section 20(2)(c) of the Act. (2) A person may take or interfere with groundwater only— (a) under a water licence; or (b) under a water permit; or (c) for stock or domestic purposes; or (d) for an activity prescribed under a regulation for section 20(2)(a) of the Act. 37D Direction to chief executive about non-acceptance of application to take groundwater (1) This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater. (2) The chief executive is directed, under section 46(2)(f) of the Act, to refuse to accept the application if granting the application would increase the amount of water that may be taken in the plan area. Note — See section 40 for the process for granting unallocated water. 37E Relationship with Sustainable Planning Act2009 (1) Works for taking or interfering with groundwater are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(c)(ii). 2014 SL No. 331 Page 29

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 34] (2) However, this section does not apply to a water bore that is constructed more than— (a) 200m from a boundary of a parcel of land; or (b) 400m from another water bore. 34 Replacement of pt 5, div 6 (Strategic reserve) Part 5, division 6— omit, insert — Division 6 Unallocated water 38 Unallocated water held as a general reserve and strategic reserve Unallocated water in the plan area is held as a general reserve or a strategic reserve. 38A Limitations on allocation from general reserve The allocation of unallocated water from the general reserve is limited to— (a) water in the groundwater units mentioned in schedule 3A, column 1; and (b) the annual volume of water mentioned for each of the groundwater units in schedule 3A, column 2; and (c) water for a use mentioned for each of the groundwater units in schedule 3A, column 3. 39 Limitations on allocation from strategic reserve (1) The allocation of unallocated water from the strategic reserve is limited to— Page 30 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 35] (a) water in the parts of the plan area mentioned in schedule 4, column 1; and (b) the average annual volume of water mentioned for each of the parts in schedule 4, column 2; and (c) water for a use mentioned for each of the parts in schedule 4, column 3. (2) Subsection (1)(b) applies to water from a watercourse, lake or spring. (3) However, the chief executive may instead allow an equivalent volume of water to be taken as overland flow water. (4) For subsection (3), an equivalent volume is the volume, decided by the chief executive, that would have an equivalent impact on the end of system flow. 40 Process for granting unallocated water The process for granting unallocated water in the plan area is the process stated in the WaterRegulation 2002 . 35 Insertion of new pt 8 After section 50— insert — 2014 SL No. 331 Page 31

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 36] Part 8 Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014 51 Existing applications for water licence to take or interfere with groundwater (1) This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater in the plan area that has not been decided before the commencement. (2) The chief executive is directed, under section 46(2)(f) of the Act, to refuse to grant the application. 36 Insertion of new sch 1A After schedule 1— insert — Schedule 1A Moonie groundwater management area section 5A Page 32 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 36] 2014 SL No. 331 Page 33

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 37] 37 Insertion of new sch 3A After schedule 3— insert — Schedule 3A Allocation of unallocated water—general reserve section 38A Column 1 Groundwater unit St George alluvium (shallow) sediments above the Great Artesian Basin Column 2 Annual volume 680ML 3000ML Column 3 Use Any Any 38 Amendment of sch 4 (Allocation of unallocated water) Schedule 4, heading, after ‘water’— insert — — strategic reserve 39 Amendment of sch 5 (Dictionary) (1) Schedule 5, definition groundwater — omit . (2) Schedule 5— insert — groundwater see section 8. groundwater management area see section 5A. Page 34 2014 SL No. 331

Water Resource Plans Amendment Plan (No. 2) 2014 Part 4 Amendment of Water Resource (Moonie) Plan 2003 [s 39] groundwater unit see section 5A. surface water see section 8. ENDNOTES 1 Made by the Governor in Council on 18 December 2014. 2 Notified on the Queensland legislation website on 19 December 2014. 3 The administering agency is the Department of Natural Resources and Mines. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 331 Page 35