Water (Transitional) Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 170 Water Act 2000 WATER (TRANSITIONAL) AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Replacement of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—TRANSITIONAL PROVISIONS FOR WATER RESOURCES REGULATION 1999 3 Continuing allocation for South East Queensland Water Corporation Limited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Conditions for company allocation . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2A—TRANSITIONAL PROVISIONS FOR AWOONGA–CALLIDE PIPELINE 4A Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4B Existing supply arrangements taken to be supply contracts . . . . . . . 4

s1 2 s4 Water (Transitional) Amendment Regulation (No. 1) No. 170, 2002 2002 1 Short title This regulation may be cited as the Water (Transitional) Amendment Regulation (No. 1) 2002 . 2 Commencement This regulation commences on 1 July 2002. 3 Regulation amended This regulation amends the Water (Transitional) Regulation 2002. 4 Replacement of pt 2 Part 2— omit, insert— ‘PART 2—TRANSITIONAL PROVISIONS FOR WATER RESOURCES REGULATION 1999 ‘3 Continuing allocation for South East Queensland Water Corporation Limited ‘ (1) Despite the repeal of the WaterResourcesRegulation1999 , the water allocation of 345 000 ML a year (the “company allocation” ) from the sources mentioned in subsection (2) continues for South East Queensland Water Corporation Limited (the “company” ). 1 ‘ (2) The sources for the company allocation are— (a) the impoundments of the Wivenhoe, Somerset and North Pine Dams; and 1 This allocation was fixed on the basis of the following full supply levels— (a) Somerset Dam—RL 99.00 metres AHD; (b) Wivenhoe Dam—RL 67.00 metres AHD; (c) North Pine Dam—RL 39.63 metres AHD; (d) Mt Crosby Weir—RL 6.90 metres AHD.

s4 3 s4 Water (Transitional) Amendment Regulation (No. 1) No. 170, 2002 2002 (b) the section of the Brisbane River between the Wivenhoe Dam and Mt Crosby Weir. ‘4 Conditions for company allocation ‘ (1) The conditions stated in this section are imposed on the company allocation. ‘ (2) The maximum volume of water the company may take from the impoundment of the North Pine Dam in a year is 59 000 ML. ‘ (3) The company must make available from the company allocation to Esk Shire Council, free of charge— (a) 220 ML a year for use for the Town of Esk; and (b) 270 ML a year for use for the Town of Lowood. ‘ (4) The company must make available from the company allocation to the Glamorgan Vale Water Board, free of charge, 250 ML a year for use for the Glamorgan Vale Water Supply Area. ‘ (5) The company must make available from the company allocation, free of charge— (a) a sufficient volume of water, but not more than 7 000 ML a year, to meet the rights to water of licensees authorised under licences issued under part 4 of the repealed Act to take water for irrigation purposes from the Brisbane River between the Wivenhoe Dam and Mt Crosby Weir; and (b) a sufficient volume of water to meet the riparian rights of persons under section 36 of the repealed Act relating to any of the sources to which the company allocation relates; and (c) a sufficient volume of water to meet the rights to water of other persons under authorisations under the repealed Act if the authorisations— (i) were in force on the commencement of section 15B of the repealed Water Resources Regulation 1999 ; and (ii) relate to any of the sources to which the company allocation relates.

s4 4 s4 Water (Transitional) Amendment Regulation (No. 1) No. 170, 2002 2002 ‘PART 2A—TRANSITIONAL PROVISIONS FOR AWOONGA–CALLIDE PIPELINE ‘4A Definitions for pt 2A In this part— “Awoonga–Callide pipeline” means the pipeline from Awoonga Dam that supplies water to Callide Power Station and runs to Stag Creek. “stock purposes” , in relation to taking water, means watering stock of a number that would normally be depastured on the land. “SunWater” means the entity corporatised under the Government OwnedCorporations(StateWaterProjectsCorporatisation)Regulation 2000 . ‘4B Existing supply arrangements taken to be supply contracts ‘ (1) This section applies if— (a) immediately before 1 October 2000, an owner of land held a licence under the repealed Act to take water from the Awoonga–Callide pipeline for stock or domestic purposes; and (b) the owner of the land to which the licence related has continued to take water for the same purpose and on the same conditions under an arrangement with SunWater. ‘ (2) The arrangement for the supply of water to the owner by SunWater is taken to be a supply contract until the owner and SunWater enter a supply contract.’. ENDNOTES 1. Made by the Governor in Council on 27 June 2002. 2. Notified in the gazette on 28 June 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Natural Resources and Mines.

© State of Queensland 2002