Water Resources (Rates and Charges) Amendment Regulation (No. 2) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 424 Water Resources Act 1989 WATER RESOURCES (RATES AND CHARGES) AMENDMENT REGULATION (No. 2) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 5 (Interest on outstanding debt) . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 7 (Periods of unregulated flow) . . . . . . . . . . . . . . . . . . . . . 3 7 Amendment of s 8 (Periods of unrestricted flow—Lockyer Valley Project) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new ss 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11A Carryover of water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11B Forward draw of water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s 12 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Replacement of s 14 (Minimum water charge for nominal allocations granted to Sch 1 land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 Minimum annual account fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Omission of s 15 (Water charges for Sch 2 land) . . . . . . . . . . . . . . . . . . . . . 7 12 Amendment of s 16 (Charges for water in excess of entitlements) . . . . . . . 7 13 Insertion of new ss 16A and 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16A Notice for payment of charges or fees . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 16B Recovery of charges and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Amendment of s 17 (Nominal allocation charges) . . . . . . . . . . . . . . . . . . . . 8 15 Amendment of s 20 (Charge for local services) . . . . . . . . . . . . . . . . . . . . . . 9 16 Amendment of s 25 (Sugar mill assessments) . . . . . . . . . . . . . . . . . . . . . . . 9 17 Amendment of s 26 (Drainage rates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Amendment of sch 1 (Charges—areas other than MareebaDimbulah) . . . . 10 19 Omission of sch 2 (Charges—Mareeba-Dimbulah) . . . . . . . . . . . . . . . . . . . 13 20 Amendment of sch 3 (Nominal allocation charges) . . . . . . . . . . . . . . . . . . . 13 21 Amendment of sch 4 (Charges for local services) . . . . . . . . . . . . . . . . . . . . 13 22 Renumbering of schs 3-6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

s1 3 s6 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ˙ Short title 1. This regulation may be cited as the Water Resources (Rates and Charges) Amendment Regulation (No. 2) 1997 . ˙ Commencement 2. This regulation commences on the day the NaturalResourcesLegislation Amendment Act 1997 , section 30, commences. ˙ Regulation amended 3. This regulation amends the WaterResources(RatesandCharges)Regulation 1992 . ˙ Amendment of s 2 (Definitions) 4. Section 2, definition “serviced land” — omit, insert— ‘ “serviced land” means land on which there is an improvement for which the corporation provides local services.’. ˙ Amendment of s 5 (Interest on outstanding debt) 5. Section 5, ‘section 227(2)(e) of the Act and’— omit . ˙ Amendment of s 7 (Periods of unregulated flow) 6. Section 7, heading— omit, insert— ‘ Water harvesting during periods of unregulated flow ’.

s7 4 s8 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ˙ Amendment of s 8 (Periods of unrestricted flow—Lockyer Valley Project) 7.(1) Section 8, heading— omit, insert— ‘ Water taken during periods of unrestricted flow ’. (2) Section 8(1), from ‘Laidley Creek’ to ‘Redbank Creek’— omit, insert— ‘a source’. (3) Section 8(2), ‘Laidley Creek’— omit, insert— ‘the source’. (4) Section 8(3), ‘the Creek’ to ‘Redbank Creek’— omit, insert— ‘the source’. ˙ Insertion of new ss 11A and 11B 8. Part 2, after section 11— insert— ˙ ‘ Carryover of water allocations ‘ 11A.(1) This section applies if— (a) a person holds a nominal allocation for land in an area mentioned in schedule 1; and (b) the chief executive has decided an announced allocation for the land for a water year; and (c) the person has not used all the water, available under the announced allocation, during the water year. ‘ (2) The person may apply to the chief executive to carry over all or part of the unused water from the water year to the next water year.

s8 5 s8 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ‘ (3) The application must be accompanied by an application fee of $100. ‘ (4) The chief executive may approve the carryover if the chief executive is satisfied it is reasonable to do so having regard to— (a) the storage capacity available in the area; and (b) the quantity of water for which the chief executive estimates a carryover might be requested during the water year. ‘ (5) The chief executive may approve the carryover on conditions including— (a) the time within which the carried over water must be used; and (b) how much of the carried over water is available for use. ‘ (6) The chief executive may also approve carryovers for all or part of an area, without application by holders of nominal allocations for land in the area. ˙ ‘ Forward draw of water allocations ‘ 11B.(1) This section applies if— (a) a person holds a nominal allocation for land in an area mentioned in schedule 1; and (b) the chief executive has decided an announced allocation for the land for a water year; and (c) the person reasonably expects to use all the water, available under the announced allocation, during the water year. ‘ (2) The person may apply to the chief executive to forward draw, to the water year, all or part of the water to be available under an announced allocation for the next water year. ‘ (3) The application must be accompanied by an application fee of $100. ‘ (4) The chief executive may approve the forward draw if the chief executive is satisfied it is reasonable to do so having regard to— (a) the availability of water in the area; and (b) the impact the forward draw might have on the supply of water for other persons in the area who would be entitled to receive

s9 6 s9 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 water in the next water year. ‘ (5) The chief executive may approve the forward draw on conditions including— (a) the time within which the forward draw water must be used; and (b) that the forward draw water may not be the subject of an agreement under section 231 1 of the Act to allow another person to use the water. ‘ (6) The chief executive may also approve forward draws for all or part of an area, without application by holders of nominal allocations for land in the area. ‘ (7) If a quantity of water is forward drawn under this section, the quantity of water is to be deducted from the announced allocation available for use in the water year from which it was drawn. ‘ (8) In subsection (1)(c)— “announced allocation” , if a person’s nominal allocations for licences are combined on 1 notice for payment under section 14A, 2 means the aggregate of the announced allocations for the nominal allocations.’. ˙ Amendment of s 12 (Meaning of terms) 9.(1) Section 12, heading— omit, insert— ‘ Definitions ’. (2) Section 12, definition “relevant area” , ‘Schedule 1 or 2’— omit, insert— ‘schedule 1’. 1 Section 231 (Agreements as to transfer of water under allocation) 2 Section 14A (Combining nominal allocations for charging purposes)

s 10 7 s 13 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ˙ Replacement of s 14 (Minimum water charge for nominal allocations granted to Sch 1 land) 10. Section 14— omit, insert— ˙ ‘ Minimum annual account fee ‘ 14.(1) A minimum annual account fee is payable for a water year on each nominal allocation granted to land for which water may be taken from an area mentioned in schedule 1. ‘ (2) If the charge levied under section 13 for the water year is less than the minimum annual account fee stated in schedule 1 for the area, the minimum annual account fee is payable.’. ˙ Omission of s 15 (Water charges for Sch 2 land) 11. Section 15— omit . ˙ Amendment of s 16 (Charges for water in excess of entitlements) 12. Section 16(3), definition “percentage amount of nominal allocation” , ‘Schedule 3’— omit, insert— ‘schedule 2’. ˙ Insertion of new ss 16A and 16B 13. After section 16— insert— ˙ ‘ Notice for payment of charges or fees ‘ 16A.(1) A charge under section 13 or 16, or a fee under section 14— (a) may be made and levied— (i) for the period decided by the chief executive; or

s 14 8 s 14 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 (ii) if the chief executive does not decide a period—quarterly; and (b) may be made and levied by giving written notice to the person to whom water is supplied; and (c) becomes payable on the day the notice is issued; and (d) must be paid within 30 days after the notice is issued; and (e) for any part of the charge or fee remaining unpaid after 30 days—accrues interest at the rate stated in section 5. ‘ (2) A notice given under subsection (1)(b) must state— (a) the amount of the charge or fee and the period for which it is levied; and (b) the time and place for payment; and (c) that any part of the charge or fee remaining unpaid after 30 days accrues interest; and (d) the interest rate. ‘ (3) Interest payable on any part of a charge under section 13 or 16, or a fee under section 14, remaining unpaid after 30 days applies from the day the notice is issued to the day the fee or charge is paid. ˙ ‘ Recovery of charges and fees ‘ 16B.(1) Any part of a charge under section 13 or 16, or a fee under section 14, that becomes payable under section 16A may be recovered by the chief executive by action in a court of competent jurisdiction. ‘ (2) Interest payable on a charge or fee may be recovered in the same way the charge or fee may be recovered.’. ˙ Amendment of s 17 (Nominal allocation charges) 14. Section 17(1) and (1A), ‘schedule 3’— omit, insert— ‘schedule 2’.

s 15 9 s 17 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ˙ Amendment of s 20 (Charge for local services) 15. Section 20(2), ‘Schedule 4’— omit, insert— ‘schedule 3’. ˙ Amendment of s 25 (Sugar mill assessments) 16. Section 25(3)(a), ‘Schedule 5’— omit, insert— ‘schedule 4’. ˙ Amendment of s 26 (Drainage rates) 17.(1) Section 26(2), ‘Schedule 6’— omit, insert— ‘schedule 5’. (2) Section 26— insert— ‘ (2A) The charge may be levied— (a) for the period decided by the chief executive; or (b) if the chief executive does not decide a period—quarterly.’. (3) Section 26(3)— insert— ‘(ab)the period for which it is levied; and’.

s 18 10 s 18 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ˙ Amendment of sch 1 (Charges—areas other than Mareeba- Dimbulah) 18.(1) Schedule 1, heading— omit, insert— ‘ WATER CHARGES ’. (2) Schedule 1, ‘minimum annual fixed amount’— omit, insert— ‘minimum annual account fee’. (3) Schedule 1, section 8(3)(a)(i)(B), ‘$35.62’— omit, insert— ‘$35.60’. (4) Schedule 1, section 8(3)(d)— omit, insert— ‘(d) from the Giru ground water area— (i) $3 for each ML of granted nominal allocation; and (ii) for a water allocation first issued before 1 March 1995—$16.30 for each ML taken, up to the announced allocation; and (iii) for a water allocation first issued on or after 1 March 1995—$35.60 for each ML taken, up to the announced allocation;’. (5) Schedule 1, section 8(5)(d) and (e)— omit, insert— ‘(d) from the Giru ground water area—$68.60; (e) from the Burdekin ground water area—$30.00.’.

s 18 11 s 18 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 (6) Schedule 1, after section 26— insert— ‘ Mareeba-Dimbulah irrigation area or project ‘ 26A.(1) In these areas, the water year ends on 30 June. ‘ (2) The amount payable for water taken for an owner’s land is $395.65 plus the charge worked out under subsection (3). ‘ (3) The following charges apply for water— (a) from a channel in a re-lift area— (i) $15.65 for each ML of granted nominal allocation; and (ii) $24 for each ML taken, up to the announced allocation; and (iii) $118.90 for each ML taken over the announced allocation up to 5 ML over the announced allocation; and (iv) $396.40 for each further ML taken; (b) from a channel outside a re-lift area— (i) $14.45 for each ML up to 100 ML of granted nominal allocation; and (ii) $9.65 for each ML over 100 ML and up to 500 ML of granted nominal allocation; and (iii) $8.40 for each ML over 500 ML of granted nominal allocation; and (iv) $16.85 for each ML of announced allocation taken, up to 100 ML; and (v) $14.40 for each ML of announced allocation taken, over 100 ML and up to 500 ML; and (vi) $10.85 for each ML of announced allocation taken, over 500 ML; and (vii) $94 for each ML taken over the announced allocation up to 5 ML over the announced allocation; and (viii)$313.35 for each further ML taken; (c) from a regulated section of Tinaroo Falls Dam or the Barron

s 18 12 s 18 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 River— (i) $7.25 for each ML of granted nominal allocation; and (ii) $7.20 for each ML taken, up to the announced allocation; and (iii) $43.25 for each ML taken over the announced allocation up to 5 ML over the announced allocation; and (iv) $144.20 for each further ML taken; (d) from a regulated section of Emerald Creek above AMTD 14.300— (i) $3.15 for each ML of granted nominal allocation; and (ii) nil for each ML taken; (e) from a regulated section of a watercourse not mentioned in paragraph (c) or (d)— (i) $12.10 for each ML of granted nominal allocation; and (ii) $9.65 for each ML taken, up to the announced allocation; and (iii) $65.10 for each ML taken over the announced allocation up to 5 ML over the announced allocation; and (iv) $217.05 for each further ML taken; (f) from a diversion from unregulated drains—$4.85 for each ML taken. ‘ (4) The following charges apply for water by water harvesting— (a) from a channel in a re-lift area—$24 for each ML taken; (b) from a channel outside a re-lift area—$16.85 for each ML taken; (c) from a regulated section of Tinaroo Falls Dam or the Barron River—$7.20 for each ML taken; (d) from a regulated section of Emerald Creek above AMTD 14.300—nil; (e) from a regulated section of a watercourse not mentioned in paragraph (c) or (d)—$9.65 for each ML taken.’.

s 19 13 s 21 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ˙ Omission of sch 2 (Charges—Mareeba-Dimbulah) 19. Schedule 2— omit. ˙ Amendment of sch 3 (Nominal allocation charges) 20.(1) Schedule 3, section 5(1), ‘or watercourse supplemented from a channel’— omit, insert— ‘or the Giru ground water area’. (2) Schedule 3, section 5(5)— omit . ˙ Amendment of sch 4 (Charges for local services) 21.(1) Schedule 4, sections 1 to 4— omit, insert— ‘ Water supply charges for serviced land ‘ 1.(1) The annual amount payable for the supply of water to serviced land is, for each purpose for which an improvement on the land is used— (a) a minimum charge of 38.21c for each kL of the minimum kL amount prescribed for the purpose under subsection (2) (whether or not the minimum kL amount is taken); plus (b) if the minimum kL amount is taken—60c for each kL of water taken over the minimum kL amount. ‘ (2) The following amounts are the minimum kL amounts— (a) for the purpose of a church, CWA rest room, kindergarten, preschool centre (other than a State preschool), creche or playgroup centre—300kL; (b) for the purpose of a flat—360 kL; (c) for the purpose of a private residence or dwelling, public hall,

s 22 14 s 22 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 premises of a society, club, league, association or lodge, picture theatre, retail shop, office, bank, warehouse, bulk store or sports clubhouse—600 kL; (d) for the purpose of a sawmill (electrically powered), post office, garage, mechanical or other workshop, service station, butchery, bakery, cafe, restaurant, railway station or kiosk—900 kL; (e) for the purpose of a boarding or lodging house or school—1 200 kL; (f) for the purpose of a hospital—1 500 kL; (g) for the purpose of a cordial or aerated water factory, caravan park, hostel or motel, or a campsite with camp accommodation and ablution building—1 800 kL; (h) for the purpose of a hotel—2 400 kL; (i) for the purpose of a swimming pool, sporting field or parkland—3 000 kL; (j) for the purpose of a lawn bowling club—3 600 kL; (k) for the purpose of a retail shop, office, bank, warehouse or bulk store, if the improvement is used for 2 or more of the purposes—360 kL; (l) for a purpose not mentioned in paragraphs (a) to (k)—600 kL.’. (2) Schedule 4, sections 5 and 6— renumber as sections 2 and 3. ˙ Renumbering of schs 3-6 22. Schedules 3 to 6— renumber as schedules 2 to 5.

15 Water Resources (Rates and Charges) Amendment (No. 2) No. 424, 1997 ENDNOTES 1. Made by the Governor in Council on 4 December 1997. 2. Notified in the gazette on 5 December 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Natural Resources. © State of Queensland 1997