Water Resources (Shire of Wondai) Regulation 1994 (QLD)

Queensland Subordinate Legislation 1994 No. 131 Water Resources Act 1989 WATER RESOURCES (SHIRE OF WONDAI) REGULATION 1994 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

s1 2 s2 Water Resources (Shire of Wondai) No. 131, 1994 ˙ Short title 1. This regulation may be cited as the Water Resources (Shire of Wondai) Regulation 1994 . ˙ Approval of Corporation supplying water (s 3.20 of the Act) 2. The Corporation may supply water to the Council of the Shire of Wondai under the agreement set out in the Schedule.

3 Water Resources (Shire of Wondai) No. 131, 1994 ¡ SCHEDULE AGREEMENT section 2 THIS AGREEMENT is made the FIFTH day of NOVEMBER, 1993 between the PRIMARY INDUSTRIES CORPORATION a Corporation constituted by the PrimaryIndustriesCorporationAct1992 (the “Corporation”) of the One Part and the WONDAI SHIRE COUNCIL a Local Authority constituted under the Local Government Act 1936 (the “Council”) of the Other Part. 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 the Boondooma Dam on the Boyne River at AMTD 86.7 kilometres, approximately 28 kilometres west of Proston and the pipeline from Boondooma Dam to the Tarong Power Station known as “Tarong Pipeline”; (c) the water supply available to the Council from the Tarong Pipeline for stock and domestic use within the Proston Rural Water Supply Area and the township of Proston shall not exceed a maximum volume of 500 megalitres per year and a maximum daily diversion rate of 2.2 megalitres; (d) an Agreement executed between the Corporation and the Council and approved by Governor in Council 28.1.93 passed over management of the Proston Rural Water Supply Area from the Corporation to the Council as from 1st February, 1993; Water Supply for this purpose and the township of Proston has been drawn

4 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) from the Tarong Pipeline since May, 1985. The Corporation has agreed to continue this supply subject to the conditions appearing hereinafter:— NOW THEREFORE in consideration of the terms, covenants and agreements hereinafter set forth the parties hereto HEREBY COVENANT AND AGREE with each other 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, 2005 when the agreement will be reviewed. 2. POINT OF DELIVERY 2.01 For the purposes of this Agreement, the point of delivery for water will be immediately downstream of the Corporation’s meter on the offtake from the Tarong Pipeline. 3. SECURITY OF SUPPLY 3.01 Subject to Clause 7.01, the Corporation will at all times during the continuance of the Agreement do all such things as any be necessary to ensure to the Council a continuous supply of water of the quantities referred to in Clause 6.03. 4. COUNCIL WORKS 4.01 The cost of taking water pursuant to this Agreement shall be met by the Council which will maintain and operate its own pumping plants and reticulation system for that purpose. 5. WATER QUALITY 5.01 The Corporation does not guarantee the quality of water drawn from

5 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) the pipeline by the Council and any necessary treatment of such water shall be the responsibility of the Council. 6. ALLOCATION OF SUPPLY 6.01 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. 6.02 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 requirements for the next five years following. 6.03 The Council may take such water from its licensed works as it may from time to time reasonably require for supply to and use for the Proston Rural Water Supply Area and the township of Proston. PROVIDED THAT the maximum quantity of water that the Council may take in any year shall not exceed 500 megalitres and provided that the maximum quantity of water that the Council may take in any one day shall not exceed 2.2 megalitres. 6.04 The Council shall not take water in excess of its allocation without the prior approval of the Corporation. 7. RIGHT TO REDUCE SUPPLY OF WATER 7.01 The Corporation reserves the right to close down the pipeline temporarily or restrict the discharge through the Pipeline as considered necessary for maintenance and repair and no guarantee will be given that a continuous supply of water will be available. The Corporation will provide reasonable notice, where possible, to the Council in the event of any temporary discontinuation of supply. 8. COMMENCEMENT OF SUPPLY FROM TARONG PIPELINE 8.01 The nominated date of commencement of supply from the Tarong Pipeline is the date on which the management of the Proston Rural

6 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) Water Supply Scheme was assumed by the Council viz. 1 February 1993. 9. SUPPLY OF WATER 9.01 The supply of water in accordance with this Agreement is subject to Section 3.20 of the Water Resources Act 1989 . 10. ANNUAL WATER CHARGES 10.01 From the date of commencement, the Council agrees to pay to the District Office of the Department of Primary Industries in Gympie water charges as follows:— (a) From 1 February 1993 to 30 June 1993—$75.00 per megalitre for all water delivered at the offtake. (b) From 1 July 1993 to 30 June 1994 and each subsequent year, subject to clause 10.02:— (i) $75.00 per megalitre, minimum 500 megalitres payable in quarterly instalments of $9375.00. (ii) $112.50 per megalitre for excess over 500 megalitres up to 550 megalitres. (iii) $150.00 per megalitre for excess over 550 megalitres 10.02 The rate per megalitre for both minimum and excess will remain firm until 30th June 1997. From 1 July 1997 the charges for the four year period to 30 June 2001 will be adjusted in accordance with variations in the Consumer Price Index (All group index numbers - Brisbane) for the preceding four years as determined by the percentage changes between the June quarters. The base index will be the June 1993 index figure. Should the percentage change in any one year during the four year period exceed 10%, the increase in the rate per megalitre will be subject to a review between the Council and the Corporation to determine the charge for the ensuing four years.

7 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) A similar adjustment to water charges based on CPI changes between June 1997 and June 2001 will apply as from 1 July 2001 to be effective until 30 June 2005 when this agreement will be reviewed. The charge per megalitre will be rounded up or down to the nearest dollar. 10.03 The Council shall pay for all water supplied within 30 days from the date of an appropriate invoice. Interest is payable on overdue accounts at the rate determined in accordance with section 10.13 (2) (e) of the Water Resources Act1989 . 11. MEASUREMENT AND REPORTING OF WATER USE 11.01 The Corporation shall install and maintain in accurate working condition and at the Corporation’s expense, measuring devices to record the quantity of water diverted from the Tarong Pipeline. The location of the measuring device will be at the offtake from the Tarong Pipeline. The Corporation shall advise the Office of the Council particulars of the readings of the measuring devices at the end of each month. 11.02 The Council or persons authorised by the Council will have the right, in common with the Corporation and persons authorised by the Corporation, of full and free access to read the measuring devices. 11.03 The registers of the measuring devices will be prima facie evidence of the quantities of water diverted. 11.04. Should any meter fail to operate in a proper manner, the Corporation reserves the right to estimate by such means as it deems suitable, the quantity of water diverted by the Council and to charge for such estimated quantity accordingly.

8 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) 12. PROSTON TOWN WATER SUPPLY 12.01 The Council shall as from 1 February 1993, assume responsibility for the supply of water to the township of Proston via the Rural Water Supply’s established works. 13. NON-ACTIONABLE DEFAULT 13.01 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 reasonable 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. 14. COMMUNICATIONS 14.01 All notices, certificates, accounts, statements and communications hereunder (“communications”) must be in writing. 14.02 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:—

9 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) Wondai Shire Council 31 Scott Street WONDAI QLD 4606 PO Box 42 Facsimile:[phone] Attention:Shire Clerk (ii) in the case of communications to the Corporation to:— Department of Primary Industries Fraser Road GYMPIE QLD 4570 MS 483 Facsimile:[phone] Attention:District Manager, Water Resources 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. 15. ENTIRE AGREEMENT 15.01 This agreement is made subject to the provisions of the WaterResourcesAct1989 and shall constitute the entire Agreement between the parties and any alterations and amendments thereof shall be made in writing by the Council under seal and by the Corporation in writing signed by a person authorised under the Primary Industries Corporation Act 1992. 16. APPROVAL BY GOVERNOR IN COUNCIL 16.01 This Agreement shall take effect upon the Governor in Council by

10 Water Resources (Shire of Wondai) No. 131, 1994 SCHEDULE (continued) Order in Council approving that the Corporation supply water in accordance with the terms and conditions of this Agreement. IN WITNESS WHEREOF the parties hereto have executed these presents the day and year first hereinbefore written. Signed by PETER JOHN CHARLES BEVIN, of WATER RESOURCES, for and on behalf of the PRIMARY INDUSTRIES CORPORATION in the presence of: JULIE-ANNE MACPHERSON ) ) ) ) ) P.J.C. Bevin J. MacPherson Witness THE COMMON SEAL of the COUNCIL OF ) THE SHIRE OF WONDAI was hereto affixed in) accordance with the Bylaws of the Council in the ) presence of:— DW Kratzmann JP ) PH Iszlaub Jnr Chairman AW Keates Shire Clerk ENDNOTES 1. Made by the Governor in Council on 14 April 1994. 2. Notified in the Gazette on 15 April 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1994