Water Resources (Shire of Beaudesert) Regulation 1993 (QLD)

Queensland Subordinate Legislation 1993 No. 305 Water Resources Act 1989 WATER RESOURCES (SHIRE OF BEAUDESERT) REGULATION 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Approval of Corporation supplying water (s.3.20 of the Act) . . . . . . . . . . . . 2 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 3 AGREEMENT

2 Water Resources (Shire of Beaudesert) No. 305, 1993 ˙ Short title 1. This regulation may be cited as the Water Resources (Shire of Beaudesert) Regulation 1993 . ˙ Approval of Corporation supplying water (s.3.20 of the Act) 2. The Corporation may supply water to the Council of the Shire of Beaudesert in accordance with the agreement set out in the Schedule.

3 Water Resources (Shire of Beaudesert) No. 305, 1993 ¡ SCHEDULE AGREEMENT section 2 THIS AGREEMENT is made the FORTH day of JUNE , 1993 between the PRIMARY INDUSTRIES CORPORATION a Corporation constituted by the PrimaryIndustriesCorporationAct1992 (the “Corporation”) and the COUNCIL OF THE SHIRE OF BEAUDESERT a Local Authority constituted under the Local Government Act 1936 (the “Council”). WHEREAS: (a) by the provisions of the WaterResourcesAct1989 the Corporation with the approval of the Governor in Council may supply water to a Local Authority for any purpose upon terms agreed between the parties as specified in the Order in Council; (b) the Corporation owns and operates Maroon Dam on Burnett Creek at AMTD 23.5 kilometres and releases water to regulate supply along sections of Burnett Creek and the Logan River; (c) the Council has requested the Corporation to make water available from Maroon Dam for the towns of Beaudesert, Rathdowney, Kooralbyn, and the Lower Logan (being the towns of Cedar Grove, Jimboomba, and Munruben Woods) which the Corporation has agreed to do subject to the conditions appearing hereinafter:-

4 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) THE PARTIES AGREE AS FOLLOWS:- 1. DURATION OF THE AGREEMENT 1.01 Subject to the following provisions, this Agreement shall continue and remain in full force and effect until the thirtieth day of June, 2004. 2. SECURITY OF SUPPLY 2.01 Subject to Clause 7.01, the Corporation will at all times during the continuance in force of the Agreement do all such things as may be necessary to ensure to the Council a continuous supply of water of the quantities referred to in the schedule in Clause 5.03. 3. PUMPING PLANT 3.01 The cost of taking water pursuant to this Agreement shall be met by the Council which will maintain and operate the necessary works for that purpose subject to the satisfaction of the Corporation. 3.02 The location of Council’s intake works for the purpose of taking supply shall be:- (a) Beaudesert:- on the bank of the Logan River adjacent to the north-west corner of Lot 25 on R.P. 7501, Parish of Beaudesert, County of Ward; (b) Rathdowney:- Lot 5 on R.P. 150206, original Portion 10, Parish of Knapp, County of Ward; (c) Kooralbyn:- Lot 3 on R.P. 163448, original Portion 342, Parish of Knapp, County of Ward; (d) Lower Logan (i) Cedar Grove:- in the north-west corner of Lot 200 on R.P. 200030, original Portion 67, Parish of Logan, County of Ward, approximately 250 metres east of camping and crossing R.423 (Reserve 2398);

5 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) (ii) South Maclean:- in the southern corner of Lot 3, WD4036, Parish of Moffatt or at such other place as may be agreed upon or as the Corporation may reasonably direct. 4. WATER QUALITY 4.01 The Corporation shall not be responsible for the quality of water available to the Council but shall in management of the release of water from Maroon Dam have regard to the continuing need of the Council to be able to draw potable water of the best practicable quality. 5. ALLOCATION OF SUPPLY 5.01 A year shall be deemed to commence on the first day of July and end on the thirtieth day of June in the calendar year next following. 5.02 Prior to the start of each year the Council shall advise the Corporation of its water requirement for that year, together with estimates of its water requirement for the next four years following. 5.03 The Council may take such water from its authorized works as it may from time to time reasonably require for supply to and use in the towns of Beaudesert, Rathdowney, Kooralbyn and the Lower Logan; PROVIDED THAT the maximum quantity of water that the Council may take in any year shall not exceed the Council's allocation as per the following schedule:- 1992–1996 . . . . . 2895 megalitres 1996–2000 . . . . . 4210 megalitres 2000–2004 . . . . . 5525 megalitres. 5.04 The Council shall not take water in excess of its allocation without the prior written approval of the Corporation.

6 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) 6. COMMENCEMENT OF SUPPLY FROM MAROON DAM 6.01 The nominated date of commencement of supply from Maroon Dam is the date on which the Governor in Council by Order in Council approves the supply of water in accordance with the terms of this Agreement. 7. SUPPLY OF WATER 7.01 The supply of water in accordance with this Agreement is subject to Section 3.20 of the Water Resources Act 1989 . 8. ANNUAL WATER CHARGES 8.01 From the date of commencement, the Council agrees to pay to the District Office of the Department of Primary Industries in Brisbane amounts comprising:- (a) A capital component calculated at a rate of $49.00 per megalitre of water allocated, as per the schedule in Clause 5.03, and paid in two equal half yearly instalments on or before the thirty-first day of July and the thirty-first day of January of each year. This rate will be reviewed at four year intervals. (b) An operation and maintenance component applicable to the actual quantity of water used, at a rate per megalitre equal to the charge set by the Government each year for irrigation water from the regulated section of the Logan River which shall be due and payable at the end of the month next following the month in which the water was taken. 8.02 Water taken by the Council in any year in excess of its allocation in accordance with the schedule in Clause 5.03 shall be charged for at a rate per megalitre to be determined by the Corporation at the time. The Council shall pay for such water within thirty (30) days of receipt of an appropriate invoice. 8.03 Interest is payable on overdue payments at the rate determined in accordance with section 10.13(2)(e) of the Water Resources Act 1989 .

7 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) 8.04 The minimum volume for which the capital component payment is to be made each year shall be determined from the following schedule of volumes which shall be subject to review at four yearly intervals after the commencement date:- Period Minimum Volume 1992–1996 . . . . . 2895 megalitres 1996–2000 . . . . . 4210 megalitres 2000–2004 . . . . . 5525 megalitres. 9. MEASUREMENT AND REPORTING OF WATER USE 9.01 The Council shall install and maintain in accurate working condition and at the Council’s expense, measuring devices to record the quantity of water diverted from the licensed works. The types and locations of the measuring devices shall be subject to the approval of the Corporation. 9.02 The Council shall furnish to the District Office of the Department of Primary Industries at Brisbane particulars of the readings of the measuring devices at the end of each month. 9.03 As and when required by the Corporation, the Council shall, at the Council's expense, appoint a competent person approved by the Corporation to test the accuracy of such measuring devices and the Council shall, at the Council's expense, adjust, repair or replace the measuring device as directed by the Corporation as a result of any such test. 9.04 If during any period that a measuring device is under repair or the Corporation is of the opinion that the measuring device is not registering or is registering incorrectly, the quantity of water diverted by the Council may be calculated by multiplying the estimated pump discharge, (determined from the pump characteristics as provided by the pump manufacturer and confirmed by work tests and the applicable pumping head), by the hours of pumping, or by other methods agreed upon.

8 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) 10. NON–ACTIONABLE DEFAULT 10.01 Neither party shall be liable to the other for failure to comply with its obligations under this Agreement if such failure is due to:- (i) war, whether declared or undeclared, revolution or act of public enemies; (ii) riot or civil commotion; (iii) strike or lock-out or labour dispute; (iv) Act of God; (v) drought, flood, storm, tempest or washaway; (vi) act of restraint of Government; (vii) happenings beyond the control of either party which could not reasonably have been foreseen by it and against which it could not reasonably have been expected to take effective precautions. PROVIDED THAT upon cessation of the said happenings which cause the failure, the party affected shall take all reasonable steps to resume with the least possible delay the performance of its obligations hereunder. 11. COMMUNICATIONS 11.01 All notices, certificates, accounts, statements and communications hereunder (hereinafter called “communications”) must be in writing. 11.02 All communications required or permitted to be given under this Agreement shall be sent by pre-paid ordinary post, by hand delivery or by facsimile transmission to: (a) (i) in the case of communications to the Council to:- Beaudesert Shire Council 82 Brisbane Street BEAUDESERT QLD 4285 P.O. Box 25 Facsimile: Attention: [phone] Shire Clerk

9 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) (ii) in the case of communications to the Corporation to:- Department of Primary Industries Brisbane District Office 4th Floor, Mineral House 41 George Street BRISBANE QLD 4000 G.P.O. Box 2692 Facsimile: Attention: [phone] District Manager or such other addresses as may be nominated in writing from time to time by the parties hereto. (b) All communications will be deemed to have been duly given: (i) If posted, seven days after being deposited in the mail with postage pre-paid. (ii) If delivered, when delivered. (iii) If sent by facsimile transmission, only when the receiver has confirmed its receipt. 12. ENTIRE AGREEMENT 12.01 This Agreement is made subject to the provisions of the WaterResources Act 1989 and shall constitute the entire Agreement between the parties and any alterations and amendments thereof shall be made in writing and signed by the parties. 13. APPROVAL BY GOVERNOR IN COUNCIL 13.01 This Agreement shall take effect (and shall not otherwise take effect) upon the Governor in Council by Order in Council approving that the Corporation supply water in accordance with the terms and conditions of this Agreement. IN WITNESS the parties have executed this Agreement the day and year first appearing.

10 Water Resources (Shire of Beaudesert) No. 305, 1993 SCHEDULE (continued) Signed by P.J. Bevan , ) of Water Resources , ) for and on behalf of the PRIMARY ) INDUSTRIES CORPORATION in the) presence of:________________________ ) P.J. Bevan Madelyn Pye Witness THE COMMON SEAL of the ) COUNCIL OF THE SHIRE OF ) BEAUDESERT was hereto affixed in ) accordance with the Bylaws of the Council) in the presence of: ) Jeffrey Robert Jay J.P. ) M W Fraser Chairman G.W. Day Shire Clerk ENDNOTES 1. Made by the Governor in Council on 12 August 1993. 2. Notified in the Gazette on 13 August 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. The State of Queensland 1993