Water (Transitional) Amendment Regulation (No. 1) 2000 (Qld)

Queensland Subordinate Legislation 2000 No. 266 Water Act 2000 WATER (TRANSITIONAL) AMENDMENT REGULATION (No. 1) 2000 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 4 (Expiry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new ss 4–6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Existing applications about water supplied in an irrigation or project area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Granting, or amending, licences to continue taking water . . . . . . . . 3 6 Authorities under part 4 of the repealed Act . . . . . . . . . . . . . . . . . . . 3

s1 2 s4 Water (Transitional) Amendment (No. 1) No. 266, 2000 ˙ Short title 1. This regulation may be cited as the Water (Transitional) Amendment Regulation (No. 1) 2000 . ˙ Regulation amended 2. This regulation amends the Water (Transitional) Regulation 2000 . ˙ Amendment of s 4 (Expiry) 3. Section 4— renumber as section 7. ˙ Insertion of new ss 4–6 4. After section 3— insert— ˙ ‘ Existing applications about water supplied in an irrigation or project area ‘ 4.(1) Subsection (2) applies if immediately before an interim resource operations licence is granted for an irrigation or project area— (a) an application has been made under the repealed Act for— (i) the re-instatement or replacement of a licence that has lapsed; or (ii) a new licence because of a change in ownership of the land to which a licence attached; or (iii) approval to transfer under the Water Resources Regulation1999 , part 2, rights to a part 4 or 9 allocation; and (b) the application has not been decided before the interim resource operations licence is granted. ‘ (2) The application must be decided under the repealed Act, as it was at the time the application was made.

s4 3 s4 Water (Transitional) Amendment (No. 1) No. 266, 2000 ‘ (3) If an application under subsection (1) is approved, the chief executive must grant to the applicant an interim water allocation. ˙ ‘ Granting, or amending, licences to continue taking water ‘ 5.(1) On or after the day the chief executive grants the corporatised entity an interim resource operations licence under section 1111 of the Act for an irrigation or project area, the chief executive— (a) if, before the interim resource operations licence was granted, a water authority was involved in the activity of taking water in the irrigation or project area other than under an existing authority—may grant the water authority a licence to continue the activity; and (b) if, before the interim resource operations licence was granted, the holder of a licence under part 4 of the repealed Act was involved in the activity of taking water in the irrigation or project area other than under the licence—may amend the licence or grant the holder a new licence to continue the activity; and (c) if, before the interim resource operations licence was granted, the holder of any other authority under the repealed Act was involved in the activity of taking water in the irrigation or project area other than under the authority—may grant the holder a licence to continue the activity. ‘ (2) A licence granted or amended under subsection (1) must be granted or amended within 30 business days after the day the chief executive grants the corporatised entity the interim resource operations licence for the irrigation or project area. ‘ (3) A licence granted under subsection (1) is taken to be a licence under part 4 of the repealed Act. ‘ (4) The licence or amended licence takes effect from the day the licence is granted or amended. ˙ ‘ Authorities under part 4 of the repealed Act ‘ 6.(1) Subsection (2) applies if— (a) a person has an authority under part 4 of the repealed Act that was

s4 4 s4 Water (Transitional) Amendment (No. 1) No. 266, 2000 in force immediately before the day the chief executive grants the corporatised entity an interim resource operations licence under section 1111 of the Act for an irrigation or project area; and (b) the authority was to take water in the irrigation or project area; and (c) the entitlement to take water under the authority was expressed as an area; and (d) the water is managed by the corporatised entity using the entity’s water infrastructure. ‘ (2) On and from the day the chief executive grants the corporatised entity the interim resource operations licence, the authority is an interim water allocation giving the person an entitlement to take water within the total volume of water to be managed by the corporatised entity under the entity’s interim resource operations licence for the irrigation or project area. ‘ (3) Each interim water allocation attaches to the land to which the authority attached.’. ENDNOTES 1. Made by the Governor in Council on 12 October 2000. 2. Notified in the gazette on 13 October 2000. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Natural Resources. © State of Queensland 2000