Water Resources (Rates and Charges) Regulation 1991 (Qld)

Queensland Subordinate Legislation 1991 No. 158 Water Resources Act 1989 WATER RESOURCES (RATES AND CHARGES) REGULATION 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Interpretation—eastern and western sides of Eton Irrigation Area . . . . . . . 4 PART 2—PROVISIONS RELATING TO WATER SUPPLY 5 Regulated sections of watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Periods of unregulated flow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Periods of unrestricted flow—Laidley Creek . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Water available from natural flow in Pie Creek . . . . . . . . . . . . . . . . . . . . . . 6 9 Irrigation projects and benefited areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Sub-artesian districts and benefited areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—WATER CHARGES 11 Water charges for irrigation areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Water charges for irrigation projects and other areas . . . . . . . . . . . . . . . . . . 9 PART 4—OTHER CHARGES 13 Sugar mill assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 14 Drainage rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Drainage levy—Emerald Left Bank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

2 Water Resources (Rates and Charges) Regulation 1991 SCHEDULE 1 Supply To Irrigation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SCHEDULE 2 Minimum Annual Charges—Irrigation Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 SCHEDULE 3 Supply To Irrigation Projects and Other Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 SCHEDULE 4 Minimum Annual Charges—Irrigation Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 SCHEDULE 5 Sugar Mill Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 SCHEDULE 6 Drainage Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 1—PRELIMINARY Short title 1. This regulation may be cited as the Water Resources (Rates and Charges) Regulation 1991 . Repeal 2. The following regulations are repealed— (a) the Water Rights Regulation 1951 ; (b) the Drainage Rates Regulation 1956 ; (c) the Sugar Mill Assessment Regulation 1977 ; (d) the Water Resources Regulations 1990 .

3 Water Resources (Rates and Charges) Regulation 1991 Definitions 3. In this regulation— “benefited area” — (a) in relation to an irrigation project—means an area determined by the Commissioner under section 9 to be a benefited area; or (b) in relation to a sub-artesian district—means an area determined by the Commissioner under section 10 to be a benefited area; “drainage rate” means a rate, levied by the Commissioner under section 8.7 of the Act, of the amount and levied on the basis prescribed under section 14; “Giru Recharge Area” means the area in the Burdekin River Irrigation Area described as the ‘‘Giru Recharge Area’’, as defined on a plan kept by the Commissioner and available for inspection at the Ayr Regional Office of the Commission; “Horseshoe Lagoon Underground Water Area” means the area in the Burdekin River Irrigation Area described as the “Horseshoe Lagoon Underground Water Area”, as defined on a plan kept by the Commissioner and available for inspection at the Ayr Regional Office of the Commission; “irrigation project” means works determined by the Commissioner under section 9 to be an irrigation project; “ML” means megalitre; “on-farm storage” includes any storage of water made for purposes other than merely domestic purposes; “regulated section” , in relation to a watercourse, means a part of the watercourse that the Commissioner determines under section 5 to be a regulated section; “re-lift area” means an area within which the supply of water to a holding, from a channel constructed by the Commissioner, cannot be effected merely by gravity but requires the water to be pumped from the channel; “sub-artesian district” means a locality to which the Governor in Council has declared, under section 4.6 of the Act, the provisions of the Act with respect to sub-artesian bores apply;

4 Water Resources (Rates and Charges) Regulation 1991

5 Water Resources (Rates and Charges) Regulation 1991 “sugar mill assessment” means an assessment, made by the Commissioner under section 8.8 of the Act, of the amount and made in the manner prescribed under section 13; “water charge” means a charge payable under Part 3; “water year” in relation to a rate, assessment or charge, means the period specified in this regulation of not more than 1 year, in respect of which the rate, assessment or charge is made or levied; “waterharvesting” means the taking of water from a source during a period that the Commissioner has notified under section 6 to be a period of unregulated flow in relation to the source. Interpretation—eastern and western sides of Eton Irrigation Area 4. For the purposes of this regulation, land in the Eton Irrigation Area is taken to be— (a) on the western side of Eton Irrigation Area—if it has a nominal allocation of 3.6 megalitres per hectare; or (b) on the eastern side of Eton Irrigation Area—if it has a nominal allocation of 2.7 megalitres per hectare. PART 2—PROVISIONS RELATING TO WATER SUPPLY Regulated sections of watercourses 5.(1) The Commissioner may determine a part of a watercourse to be a regulated section of the watercourse, if the Commissioner considers that the water supply in that part is supplemented from time to time as a result of works constructed or operated by the Commissioner. (2) The Commissioner must note on a licence that permits water to be taken from a part of a watercourse that is a regulated section, that the part is a regulated section.

6 Water Resources (Rates and Charges) Regulation 1991

7 Water Resources (Rates and Charges) Regulation 1991 Periods of unregulated flow 6.(1) If at any time the Commissioner considers that the water supply available from a source exceeds the requirements of the source at that time, the Commissioner may make a notification under this section. (2) The notification— (a) is to be made to the persons licensed to harvest water from the source; and (b) is to declare a period of unregulated flow in relation to the source; and (c) may specify days on which the period starts and finishes, or may declare that the period is to continue until the Commissioner makes a further notification specifying the day that the period is to finish; and (d) may be made by public notice or any other suitable means. (3) For the purpose of calculating a water charge payable, by a person licensed to harvest water, for an amount of water taken from a source during a period of unregulated flow, that amount— (a) is to be included in a determination of the amount of water taken by waterharvesting; and (b) is not to be included in a determination of the amount of water taken made by reference to an announced allocation or nominal allocation of a holding. (4) If, in a notification made under this section, the Commissioner declares— (a) a period of unregulated flow in relation to a regulated section of the Condamine River North Branch; and (b) that, during the period, either general waterharvesting or restricted waterharvesting is to apply; a person must pay the charge, for water taken during the period, that is specified in this regulation in relation to general waterharvesting or restricted waterharvesting (as the case may be).

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9 Water Resources (Rates and Charges) Regulation 1991 Periods of unrestricted flow—Laidley Creek 7.(1) If at any time the Commissioner considers that the water supply available from Laidley Creek exceeds the requirements of Laidley Creek at that time, the Commissioner may make a notification under this section. (2) The notification— (a) is to be made to the persons licensed to take water from Laidley Creek; and (b) is to declare a period of unrestricted flow in relation to Laidley Creek; and (c) may specify days on which the period starts and finishes, or may declare that the period is to continue until the Commissioner makes a further notification specifying the day that the period is to finish; and (d) may be made by public notice or any other suitable means. (3) For the purpose of calculating a water charge payable for an amount of water taken from Laidley Creek during a period of unrestricted flow, that amount— (a) is to be charged at the specified rate for taking water during a period of unrestricted flow; and (b) is to be included in any determination of the amount of water taken made by reference to an announced allocation or nominal allocation of a holding. Water available from natural flow in Pie Creek 8.(1) For the purpose of calculating a water charge payable under Schedule 3 (in relation to land in the benefited area of the Mary Valley Project), water is taken to be available to land from the natural flow in Pie Creek if a licence of the kind mentioned in subsection (2) has been issued in relation to the land. (2) The Commissioner may issue a licence that relates to land to which, because the land abuts Pie Creek or has access by some other means, water could be taken directly from Pie Creek, which licence— (a) permits water to be taken from a channel regulated by the Pie Creek Diversion Scheme; and

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11 Water Resources (Rates and Charges) Regulation 1991 (b) is subject to the term that the licensee must pay a water charge for water taken from the channel on the basis that water is available from the natural flow in Pie Creek. Irrigation projects and benefited areas 9.(1) The Commissioner may determine— (a) works constructed or operated by the Commissioner, in a locality outside an irrigation area, to be an irrigation project; and (b) an area (whether of land, or land and water) in which the surface water supply is supplemented as a result of an irrigation project, to be a benefited area in relation to the irrigation project . (2) The Commissioner may make further determinations adding an area to, or excluding an area from, a benefited area. (3) In determining whether an area should be included in or excluded from a benefited area of an irrigation project, the Commissioner is to have regard to the effect of the irrigation project on the water supply in the area at the time of the determination. (4) The Commissioner must notify, by public notice or any other suitable means, the persons licensed to take water from an area— (a) determined under this section to be in a benefited area; or (b) excluded from an area previously determined under this section to be in a benefited area. Sub-artesian districts and benefited areas 10.(1) The Commissioner may determine an area (whether of land, or land and water), in which the natural groundwater supply is supplemented as a result of works constructed by the Commissioner— (a) to reduce demand for groundwater; or (b) to enhance the supply of groundwater; to be the benefited area in relation to the sub-artesian district . (2) The Commissioner may make further determinations adding an area to, or excluding an area from, a benefited area.

12 Water Resources (Rates and Charges) Regulation 1991 (3) In determining whether an area should be included in or excluded from the benefited area of a sub-artesian district, the Commissioner is to have regard to— (a) any representations, made by persons affected by the determination, as to the effect of the works mentioned in subsection (1) on groundwater supply in the area at the time of the determination; and (b) any other evidence of the effect of the works at that time. (4) On making a determination under this section, the Commissioner— (a) must notify, by public notice or any other suitable means, the owners of land in an area the subject of the determination; and (b) may make a map of the benefited area available for inspection. PART 3—WATER CHARGES Water charges for irrigation areas 11.(1) The owner of a holding in an irrigation area must pay to the Commissioner, in each water year, an amount that is the greater of the charge mentioned in subsection (2) and the minimum charge mentioned in subsection (3). (2) The charge payable, in relation to a holding, is the amount payable for water taken under a licence by the owner of the holding— (a) during the water year; and (b) calculated under the scale of charges; set out in Schedule 1 that relates to the irrigation area in which the holding is situated. (3) The minimum charge payable, in relation to a holding, is the amount set out in Schedule 2 that relates to the irrigation area in which the holding is situated. (4) An owner must pay to the Commissioner an amount due under this section within 30 days after receiving a notice from the Commissioner

13 Water Resources (Rates and Charges) Regulation 1991 specifying the amount.

14 Water Resources (Rates and Charges) Regulation 1991 Water charges for irrigation projects and other areas 12.(1) An owner of land that is not in an irrigation area must pay to the Commissioner, in each water year, an amount that is the greater of the charge mentioned in subsection (2) and the minimum charge mentioned in subsection (3). (2) The charge payable by an owner of land is the amount payable for water taken under a licence by the owner, calculated according to the scale set out in Schedule 3 that relates to— (a) if the land is situated in the benefited area of an irrigation project—that irrigation project; or (b) the sub-artesian district from which the water was taken; or (c) any other source from which the water was taken. (3) The minimum charge payable is the amount set out in Schedule 4 that relates to the relevant irrigation project, sub-artesian district or other source. (4) An owner must pay to the Commissioner an amount due under this section within 30 days after receiving a notice from the Commissioner specifying the amount. PART 4—OTHER CHARGES Sugar mill assessments 13.(1) In this section— “assigned” has the meaning given by the Sugar Industry Act 1991 ; “crushing season” has the meaning given by the Sugar Industry Act 1991 ; “irrigation area” includes part of an irrigation area; “sugar mill” has the meaning given by the Sugar Industry Act 1991 . (2) For the purposes of section 8.8 of the Act, this section sets out— (a) the prescribed assessment that may be made by the Commissioner; and

15 Water Resources (Rates and Charges) Regulation 1991 (b) the prescribed manner for making the assessment. (3) If land within an irrigation area is assigned to a sugar mill, the Commissioner may, in relation to each crushing season, make an assessment on the owner of the sugar mill— (a) at the rate specified in Schedule 5 that relates to the irrigation area; and (b) on the basis of the amount of 94 net titre sugar processed at the sugar mill, from sugar cane grown on that land, during the crushing season. (4) The Commissioner may make the assessment on a person by sending to the person a notice specifying— (a) the amount of the assessment; and (b) the day, not before 30 days after the date of the notice, by which the assessment is payable. (5) A person who receives a notice sent under subsection (4) must comply with the notice. Drainage rates 14.(1) For the purposes of section 8.7 of the Act, this section sets out— (a) a prescribed rate that may be levied by the Commissioner; and (b) the prescribed basis for levying the rate. (2) The Commissioner may, in relation to each water year, levy an amount from the owner of land within an irrigation area, at the rate, set out in Schedule 6, that relates to the irrigation area. (3) The Commissioner may levy the rate on a person by sending to the person a notice specifying— (a) the amount levied; and (b) the day, not before 30 days after the date of the notice, by which the amount is payable. (4) A person who receives a notice sent under subsection (3) must comply with the notice.

16 Water Resources (Rates and Charges) Regulation 1991 (5) The levy made in relation to land is to be determined according to the area of the land at the date of the notice. Drainage levy—Emerald Left Bank 15.(1) In addition to any levy made under section 14, the Commissioner may, in relation to each water year, levy from an owner of a holding within the Emerald Irrigation Area who is supplied water from— (a) the Selma Main Channel; or (b) a subsidiary channel or pipeline of the Selma Main Channel; an amount of $6.00 per hectare of the holding. (2) The levy may be made, and must be paid, in the manner mentioned in section 14 in relation to drainage rates.

17 Water Resources (Rates and Charges) Regulation 1991 SCHEDULE 1 section 11 SUPPLY TO IRRIGATION AREAS PART 1—WATER YEAR ENDING 30 JUNE 1992 per ML $ Bundaberg Irrigation Area 1.(1) For supply from a channel— (a) up to announced allocation and by waterharvesting34.35 (b) of the next 20 ML over announced allocation51.55 (c) of any further amount over announced allocation 68.70 (2) For supply— (a) up to announced allocation— (i) from a regulated section of a watercourse 10.95 (ii) from an underground water supply in a benefited area of a sub-artesian district 4.40 (iii) from an underground water supply in any other area within a sub-artesian district 1.15 (b) from surface water or an underground water supply— (i) of the amount up to 20 ML over announced allocation 17.20 (ii) of any further amount over announced allocation34.40 (c) to on-farm storage68.80

18 Water Resources (Rates and Charges) Regulation 1991 per ML $ Emerald Irrigation Area 2.(1) For supply from a channel— (a) up to announced allocation and by waterharvesting 20.75 (b) of the amount over 100% to 125% of announced allocation 41.50 (c) of the amount over 125% of announced allocation62.25 (2) For supply from Fairbairn Dam, or a regulated section of the Nogoa River or Mackenzie River to the junction with Springton Creek— (a) up to announced allocation10.10 (b) of the amount over 100% to 125% of announced allocation 20.20 (c) of the amount over 125% of announced allocation30.30 (d) by waterharvesting— (i) of the amount up to 500 ML2.55 (ii) further amount of any nil Eton Irrigation Area 3.(1) For supply from a channel 28.40 (2) For supply— (a) from the section of the Pioneer River regulated by Mirani Weir 10.35 (b) by waterharvesting— (i) of the amount up to 500 ML2.60 (ii) further amount of any nil

19 Water Resources (Rates and Charges) Regulation 1991

20 Water Resources (Rates and Charges) Regulation 1991 Lower Mary River Irrigation Area 4.(1) For supply from a channel (2) For supply— (a) (b) per ML $ 34.35 from the Mary Barrage10.75 from the Tinana Barrage16.45 Mareeba-Dimbulah Irrigation Area 5.(1) The amount payable in relation to a holding is A + B + C where— “A” is a charge of $345.00 per water year per holding; “B” is a charge calculated under subclause (2) according to the nominal allocation of the holding; “C” is a charge calculated under subclauses (3) and (4) according to the amount of water taken. (2) In relation to the nominal allocation of a holding— (a) in a re-lift area13.65 (b) subject to paragraph (c), in any other area, of— (i) up to 100 ML12.60 (ii) over 100 ML to 500 ML8.40 (iii) over 500 ML7.35 (c) supplied from a regulated section of— (i) Tinaroo Falls Dam or the Barron River6.30 (ii) any other watercourse10.50

21 Water Resources (Rates and Charges) Regulation 1991 per ML $ (3) In relation to an amount of water taken from a channel— (a) up to announced allocation— (i) in a re-lift area21.00 (ii) in any other area, of— (A) up to 100 ML14.70 (B) over 100 ML to 500 ML12.60 (C) over 500 ML9.45 (b) over announced allocation— (i) in a re-lift area52.00 (ii) in any other area40.95 (4) In relation to an amount of water taken— (a) up to announced allocation— (i) from a regulated section of Tinaroo Falls Dam or the Barron River6.30 (ii) from a regulated section of any other watercourse8.40 (b) over announced allocation— (i) from a regulated section of Tinaroo Falls Dam or the Barron River 18.90 (ii) from a regulated section of any other watercourse28.35

22 Water Resources (Rates and Charges) Regulation 1991 PART 2—WATER YEAR ENDING 31 AUGUST 1992 per ML Dawson Valley Irrigation Area $ 6.(1) For supply from a channel— (a) up to announced allocation and by waterharvesting24.20 (b) of the amount over 100% to 125% of announced allocation 48.40 (c) of the amount over 125% over announced allocation72.60 (2) For supply— (a) from the regulated section of the Dawson River downstream of Glebe Weir to the junction with Herbert Creek— (i) up to announced allocation10.10 (ii) of the amount over 100% to 125% of announced allocation 20.20 (iii) of the amount over 125% of announced allocation30.30 (b) from the Glebe Weir reservoir— (i) up to announced allocation3.50 (ii) of the amount over 100% to 125% of announced allocation 7.00 (iii) of the amount over 125% of announced allocation10.50 (c) by waterharvesting— (i) up to 500 ML2.55 (ii) of any further amountnil

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24 Water Resources (Rates and Charges) Regulation 1991 PART 3—WATER YEAR ENDING 30 SEPTEMBER 1992 per ML $ St George Irrigation Area 6.(1) For supply from a channel— (a) up to announced allocation20.75 (b) of the amount over announced allocation207.50 (c) by waterharvesting— (i) to on-farm storage10.35 (ii) in any other case20.75 (2) For supply— (a) from a regulated section of the Thuraggi Watercourse or Thuraggi Diversion Channel— (i) up to announced allocation10.35 (ii) of the amount over announced allocation103.50 (b) from Beardmore Dam or a regulated section of the Balonne River— (i) up to announced allocation10.35 (ii) of the amount over announced allocation 103.50 (c) by waterharvesting— (i) from a regulated section of the Thuraggi Watercourse or Thuraggi Diversion Channel 5.20 (ii) from Beardmore Dam or from any watercourse downstream of Beardmore Dam to the Qld/NSW Border— (A) up to 500 ML2.60

25 Water Resources (Rates and Charges) Regulation 1991 (B) of any further amountnil PART 4—WATER YEAR ENDING 31 DECEMBER 1992 per ML $ Burdekin River Irrigation Area 7.(1) For supply from a channel 34.35 (2) For supply— (a) from a diversion from drains16.80 (b) from a regulated section of the Burdekin River10.95 (c) from a benefited area of a sub-artesian district5.70 (d) from the Giru Recharge Area or a regulated section of the Haughton River 17.20 (e) from the Horseshoe Lagoon Underground Water Area0.65

26 Water Resources (Rates and Charges) Regulation 1991 SCHEDULE 2 section 11 MINIMUM ANNUAL CHARGES—IRRIGATION AREAS Notes to Schedule 2 (1) In this Schedule— “channel supply” means water in a channel constructed by the Commissioner; “surface water” means water in a watercourse other than a channel constructed by the Commissioner; “underground water” means any underground source of water. (2) In relation to a person who— (a) owns a holding within an irrigation area mentioned in the first column; and (b) is licensed to take water for the holding from a source mentioned in the second column; the minimum annual water charge, payable in relation to the holding, is the greatest of the amounts mentioned in the third column opposite the sources in respect of which the person is licensed. IRRIGATION AREA Bundaberg Irrigation Area SOURCE OF SUPPLY channel supply MINIMUM ANNUAL WATER CHARGE The greater of— (a) an amount payable for the supply of 50% of the nominal allocation; or (b) $314.00.

27 Water Resources (Rates and Charges) Regulation 1991 IRRIGATION AREA SOURCE OF SUPPLY surface water underground water MINIMUM ANNUAL WATER CHARGE The greater of— (a) an amount payable for the supply of 50% of nominal allocation; or (b) $157.00. The greater of— (a) an amount payable for the supply of 50% of nominal allocation; or (b) $78.50. Lower Mary River channel supply Irrigation Area The greater of— (a) an amount payable for the supply of 50% of the nominal allocation; or (b) $314.00. surface water The greater of— (a) an amount payable for the supply of 50% of nominal allocation; or (b) $157.00.

28 Water Resources (Rates and Charges) Regulation 1991 IRRIGATION AREA Eton Irrigation Area SOURCE OF SUPPLY channel supply surface water MINIMUM ANNUAL WATER CHARGE (a) In relation to the western side, the greater of— (i) an amount payable for the supply of 50% of the nominal allocation; or (ii)$314.00; (b) In relation to the eastern side, the greater of— (i) an amount payable for the supply of 66 2/3% of the nominal allocation; or (ii)$314.00. The greater of— (a) an amount payable for the supply of 60% of nominal allocation; or (b) $157.00. St George Irrigation Area channel supply surface water The greater of— (a) an amount payable for the supply of 60% of the nominal allocation; or (b) $314.00. The greater of— (a) an amount payable for the supply of 60% of nominal allocation; or (b) $157.00.

29 Water Resources (Rates and Charges) Regulation 1991 IRRIGATION AREA Any other irrigation area (other than Mareeba- Dimbulah) SOURCE OF SUPPLY channel supply surface water MINIMUM ANNUAL WATER CHARGE The greater of— (a) an amount payable for the supply of 75% of the nominal allocation; or (b) $314.00. The greater of— (a) an amount payable for the supply of 75% of nominal allocation; or (b) $157.00.

30 Water Resources (Rates and Charges) Regulation 1991 SCHEDULE 3 section 12 SUPPLY TO IRRIGATION PROJECTS AND OTHER AREAS PART 1—WATER YEAR ENDING 30 APRIL 1992 per ML $ Lower Lockyer Project 1. For supply from a regulated section of Lockyer Creek or Buaraba Creek— (a) up to announced allocation10.90 (b) of the amount over announced allocation21.80 (c) by waterharvesting— (i) up to 500 ML2.75 (ii) further amount of any nil PART 2—WATER YEAR ENDING 30 JUNE 1992 Warrill Valley Project 2. For supply— (a) from a regulated section of Reynolds Creek or Warrill Creek— (i) up to announced allocation9.45

31 Water Resources (Rates and Charges) Regulation 1991 (ii) of the amount over 100% to 125% of announced allocation14.15

32 Water Resources (Rates and Charges) Regulation 1991 per ML $ (iii) of the amount over 125% to 150% of announced allocation 18.90 (iv) of the amount over 150% of announced allocation 28.30 (v) by waterharvesting— (A) up to 500 ML2.35 (B) further amount of any nil (b) from Kent’s Lagoon, Normanby Gully, West Branch, Wooroolaba Creek and the Upper Warrill Systems— (i) up to announced allocation10.70 (ii) of the amount over 100% to 125% of announced allocation15.40 (iii) of the amount over 125% to 150% of announced allocation20.15 (iv) of the amount over 150% of announced allocation29.55 (v)by waterharvesting— (A) up to 500 ML2.70 (B) further amount of any nil Barker-Barambah Project 3. For supply— (a) from a regulated section of a watercourse— (i) up to announced allocation9.45

33 Water Resources (Rates and Charges) Regulation 1991 (ii) of the amount over announced allocation18.90

34 Water Resources (Rates and Charges) Regulation 1991 (b) by waterharvesting— (i) (ii) of any further amount per ML $ up to 500 ML2.35 nil Fitzroy River Barrage 4. For supply— (a) (b)by waterharvesting— (i) (ii) further amount other than by waterharvesting11.05 up to 500 ML2.75 of any nil Mary Valley Project 5. For supply— (a) from a regulated section of Yabba Creek or the Mary River 10.75 (b) subject to paragraph (c), from a section of a watercourse regulated by the Pie Creek Diversion Scheme 41.60 (c) from a channel regulated by the Pie Creek Diversion Scheme when, in accordance with section 8, water is available from the natural flow in Pie Creek 83.20 (d)from Cedar Pocket Dam or the regulated section of East Deep Creek between Cedar Pocket Dam and the junction with North Deep Creek— (i) up to announced allocation10.75 (ii) of the amount over announced allocation21.50

35 Water Resources (Rates and Charges) Regulation 1991

36 Water Resources (Rates and Charges) Regulation 1991 per ML $ Macintyre Brook Project 6. For supply— (a) up to announced allocation10.70 (b) of the amount over announced allocation107.00 (c)by waterharvesting— (i) up to 500 ML2.70 (ii) further amount of any nil Proserpine River Project 7. For all supply 10.35 Logan River Project 8. For supply from a regulated section of Burnett Creek or the Logan River 12.10 Upper Burnett Project 9. For supply— (a) from a regulated section of the Nogo River or Burnett River— (i) up to announced allocation9.45 (ii) over announced allocation18.90 (iii)by waterharvesting— (A) up to 500 ML2.35 (B) further amount of any nil (b) from John Goleby Weir—

37 Water Resources (Rates and Charges) Regulation 1991 (i) up to announced allocation9.45 (ii) of the amount over 100% to 102.5% of announced allocation18.90 per ML $ (iii) of the amount over 102.5% to 105% of announced allocation 47.25 (iv) of the amount over 105% to 107.5% of announced allocation 94.50 (v) of the amount over 107.5% of announced allocation189.00 Cressbrook Creek Project 10. For supply from an underground water supply in a sub-artesian district or from surface water 1.05 Callide Valley Project 11. For supply— (a) from an underground water supply in the benefited area of a sub-artesian district, or from surface water— (i) up to announced allocation6.00 (ii) of the amount up to 20 ML in excess of announced allocation12.00 (iii) of the amount over 21 to 50 ML in excess of announced allocation48.00 (iv) of the amount over 50 ML in excess of announced allocation107.50 (b) from an underground water supply in a sub-artesian district that is not in the benefited area 1.00

38 Water Resources (Rates and Charges) Regulation 1991 Boyne River Project 12. For supply from a regulated section of the Boyne River— (a) up to announced allocation9.45 (b) of the amount over announced allocation18.90 per ML $ Three Moon Creek Project 13. For supply— (a) from a regulated section of Three Moon Creek9.45 (b)from a benefited area of a sub-artesian district— (i) up to announced allocation4.75 (ii) of the amount over 100% to 110% of announced allocation11.85 (iii) of the amount over 110% to 120% of announced allocation23.70 (iv) of the amount over 120% of announced allocation47.40 Lake Dyer Project 14. For supply— (a) from a regulated section of Laidley Creek— (i) during a period of restricted flow17.80 (ii) during a period of unrestricted flow8.90 (b) from a benefited area of a sub-artesian district8.90 PART 3—WATER YEAR ENDING 31 AUGUST 1992

39 Water Resources (Rates and Charges) Regulation 1991 Condamine Groundwater Area 15. For supply— (a) of the amount, not more than 130% of nominal allocation— (i) up to nominal allocation1.50

40 Water Resources (Rates and Charges) Regulation 1991 per ML $ (ii) up to 10 ML over nominal allocation 6.10 (iii) over 10 to 20 ML over nominal allocation12.20 (iv) over 20 to 40 ML over nominal allocation24.40 (v) over 40 to 60 ML over nominal allocation48.80 (vi) over 60 ML over nominal allocation 73.20 (b) of the amount over 130% of nominal allocation73.20 Chinchilla Weir Project 16. For supply— (a) from a regulated section of the Condamine River10.95 (b)by waterharvesting— (i) up to 500 ML2.75 (ii) further amount of any nil Dumaresq River Project 17. For supply— (a) from a regulated section of a watercourse flowing from Glenlyon Dam— (i) other than by waterharvesting9.35 (ii) by waterharvesting— (A) up to 500 ML2.35 (B) further amount of any nil (b) from a benefited area of a sub-artesian district1.50

41 Water Resources (Rates and Charges) Regulation 1991 Maranoa River Project 18. For supply— (a) up to announced allocation10.35

42 Water Resources (Rates and Charges) Regulation 1991 per ML $ (b) of the amount over 100% to 125% of announced allocation 20.70 (c) of the amount over 125% of announced allocation31.05 PART 4—WATER YEAR ENDING 31 OCTOBER 1992 Upper Condamine Project 19. For supply— (a) from a regulated section of Sandy Creek or the Condamine River— (i) other than by waterharvesting10.95 (ii)by waterharvesting— (A) up to 500 ML2.75 (B) further amount of any nil (b) from a regulated section of the Condamine River North Branch— (i) other than by waterharvesting17.15 (ii)by restricted waterharvesting— (A) up to 500 ML7.10 (B) of the amount over 500 ML4.35 (iii) by general waterharvesting— (A) up to 500 ML2.75 (B) further amount of any nil

43 Water Resources (Rates and Charges) Regulation 1991

44 Water Resources (Rates and Charges) Regulation 1991 PART 5—WATER YEAR ENDING 31 DECEMBER 1992 Bowen Groundwater Area 20. For supply from an underground water supply in a benefited area of a sub-artesian district per ML $ 3.70 Bowen/Broken Rivers Project 21. For supply from a regulated section of the Bowen River or Broken River 10.95

45 Water Resources (Rates and Charges) Regulation 1991 SCHEDULE 4 section 12 MINIMUM ANNUAL CHARGES—IRRIGATION PROJECTS Notes to Schedule 4 (1) In this Schedule— “channel supply” means water in a channel constructed by the Commissioner; “surface water” means water in a watercourse other than a channel constructed by the Commissioner; “underground water” means any underground source of water. (2) In relation to a person— (a) who owns land that is not within an irrigation area; and (b) who is licensed to take water for the land from a source mentioned in this Schedule; the minimum annual water charge, payable in relation to the land, is the greatest of the amounts mentioned in this Schedule with respect to— (c) the sources in respect of which the person is licensed; and (d) if the land is in the benefited area of an irrigation project—that irrigation project. PART 1—CHANNEL SUPPLY Pie Creek Diversion Scheme 1. The greater of— (a) an amount payable for the supply of 50% of nominal allocation;

46 Water Resources (Rates and Charges) Regulation 1991 or (b) $314.00. PART 2—SURFACE WATER Mary Valley Irrigation Project, Barker-Barambah Irrigation Project 2. The greater of— (a) an amount payable for the supply of 50% of nominal allocation; or (b) $157.00. John Goleby Weir, Buaraba Creek and Lockyer Creek 4. The greater of— (a) an amount payable for the supply of 100% of nominal allocation; or (b) $157.00. Any other watercourse 5. The greater of— (a) an amount payable for the supply of 75% of nominal allocation; or (b) $157.00. PART 3—UNDERGROUND WATER Any irrigation project or source

47 Water Resources (Rates and Charges) Regulation 1991 6. The greater of— (a) an amount payable for the supply of 75% of nominal allocation; or (b) $78.50. SCHEDULE 5 SUGAR MILL ASSESSMENTS section 13 IRRIGATION AREA ASSESSMENT Bundaberg Burdekin River— (a) (b) Eton Lower Mary River RATE OF (per tonne of 94 net titre sugar) $ 4.40 Giru Recharge Area any other area 2.75 3.30 3.60 4.65

48 Water Resources (Rates and Charges) Regulation 1991 SCHEDULE 6 DRAINAGE RATES section 14 IRRIGATION AREA DRAINAGE RATE (per hectare) Bundaberg Burdekin River Dawson Valley Emerald St George $ 14.10 14.10 14.10 14.10 14.10 ENDNOTES 1. Made by the Governor in Council on 5 December 1991. 2. Published in the Gazette on 7 December 1991. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. The State of Queensland 1991