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WATER ACT 2000
- As at 1 February 2024
- Act 34 of 2000
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
1. Short title
2. Purposes of Act and their achievement
3. Act binds all persons
PART 2 - INTERPRETATION
4. Definitions
5. Meaning of watercourse
5AA. Watercourse etc. may be mapped
5A. Meaning of outer bank
5B. Declaration of outer bank
6. Meaning of domestic purposes
7. Meaning of principles of ecologically sustainable development
CHAPTER 1A - WATER SUPPLY EMERGENCIES AND RESTRICTIONS
PART 1 - WATER SUPPLY EMERGENCIES
Division 1 - Preliminary
10. (Repealed)
11. (Repealed)
12. (Repealed)
19. (Repealed)
20. (Repealed)
20A. (Repealed)
20B. (Repealed)
20C. (Repealed)
21. (Repealed)
22. (Repealed)
23. (Repealed)
24. (Repealed)
25. (Repealed)
25A. Meaning of water supply emergency
Division 2 - Water supply emergency declaration and regulation
25B. Declaration of water supply emergency
25C. Contents of water supply emergency declaration
25CA. Amendment of water supply emergency declaration
25D. Measures mentioned in a water supply emergency declaration
25E. Requirement to comply with water supply emergency declaration
25F. Regulation about water supply emergency
25FA. Amendment of water supply emergency regulation
25G. Measures mentioned in a water supply emergency regulation
25H. Requirement to comply with water supply emergency regulation
25I. Approval of, or change to, response
25J. When water supply emergency ends
Division 3 - Carrying out measures and achieving outcomes
25K. Supply arrangements
25L. Relationship with State Development and Public Works Organisation Act 1971
25M. Appointment of person to carry out measures or achieve outcomes
25N. Effect of appointee carrying out measures or achieving outcomes
Division 4 - Recovery of costs
25O. Recovery of costs incurred
25P. Recovery of contributions by the State
25Q. Queensland Competition Authority
Division 5 - Compensation
25R. Applying for compensation
25S. When compensation is not payable
25T. Requirement for further information
25U. Deciding application
25V. Notice about decision
25W. Protection of State and Minister from liability
25X. Protection of service provider from liability
PART 2 - OBTAINING INFORMATION
25Y. Obtaining information from a service provider
25Z. (Repealed)
PART 3 - RESTRICTIONS ON USE OF SUBARTESIAN WATER
25ZA. Application for approval to restrict use of subartesian water
25ZB. Deciding application
25ZC. Notice about decision to give approval
25ZD. (Repealed)
25ZE. Restriction of subartesian water by water service provider
CHAPTER 2 - MANAGEMENT AND ALLOCATION OF WATER
PART 1 - WATER RIGHTS
Division 1 - Ownership of water
26. Rights in all water vests in the State
Division 2 - Allowing use of water
27. State may allow the use of water
Division 3 - Restricting use of water
Subdivision 1 - Restrictions for contamination and water shortages
28. Limiting or prohibiting taking, or interfering with, water during contamination or water shortages
29. Limiting water taken under water licence, water permit or water allocation
Subdivision 2 - Moratorium notices
30. Moratorium notices
31. Effect of moratorium notice
32. Offence to contravene moratorium notice
33. Application to vary effect of moratorium notice
34. Reviewing and replacing moratorium notices
34A. (Repealed)
34D. (Repealed)
Division 4 - Collecting information about water
35. Obtaining water information
36. Notice of works and water use
36A. (Repealed)
PART 2 - WATER PLANNING
Division 1 - Planning by the State
37. Planning for the management of water
38. Information for planning
38A. (Repealed)
Division 1A - (Repealed)
Division 2 - Matters for and related to regulation
Subdivision 1 - Matters for regulation
39. Matters for regulation
Subdivision 2 - Release of unallocated water—volume stated in water plan or prescribed by regulation
40. Chief executive may release unallocated water
Subdivision 3 - Temporary release of water from strategic water infrastructure reserve
40A. Chief executive may temporarily release water from reserve
40B. Deciding whether to release water from reserve and considerations for the release
40C. When water returns to reserve
Division 3 - Water plans
41. What is a water plan
42. Minister may prepare a water plan
43. Contents of a water plan
44. Preliminary public consultation
45. Making draft water plan
46. Publishing draft water plan
47. Decision about finalising water plan
48. Effect of a water plan
49. Report on water plan
49A. (Repealed)
50. Amending or replacing a water plan
50A. (Repealed)
51. Preparing an amendment or replacement of water plan
52. (Repealed)
52A. (Repealed)
52B. (Repealed)
53. Expiry of water plan
54. Postponement of expiry of water plan if water plan is not being replaced
55. Postponement of expiry of water plan while water plan is being replaced
56. Publication of new expiry date for plan
Division 4 - Water use plans
57. Minister may prepare water use plan
58. What is a water use plan
59. Contents of water use plans
60. Making draft water use plan
61. Publishing draft water use plan
62. Decision about finalising water use plan
63. Effect of water use plan
64. Public notice of content of water use plan
65. Amending or replacing a water use plan
66. Preparing an amendment or replacement of a water use plan
Division 5 - Water management protocols
67. What is a water management protocol
68. Making a water management protocol
69. Amending or replacing a water management protocol
Division 6 - Water entitlement notice
70. What is a water entitlement notice
71. Making a water entitlement notice
72. Draft water entitlement notice
73. Additional requirements for notices for draft water entitlement notices that establish water allocations
74. Reviewing submissions about draft water entitlement notice
74A. (Repealed)
75. Finalising water entitlement notice
76. Effect of water entitlement notice
77. Publication of approved water entitlement notice
78. When water entitlement notice ceases to have effect
78A. (Repealed)
78B. (Repealed)
Division 7 - (Repealed)
PART 3 - HOW STATE AUTHORISES TAKE OR INTERFERENCE WITH WATER
Division 1 - Statutory authorisation to take or interfere with water
Subdivision 1 - Authorisations that may not be limited by water planning instrument
93. General authorisations to take water
94. General authorisations to interfere with water
95. Aboriginal and Torres Strait Islander parties
96. Land owners may take water for stock or domestic purposes
97. Environmental authorities
98. Resource activities
99. Constructing authorities and water service providers
99A. (Repealed)
Subdivision 2 - Authorisations that may be limited by water planning instrument or regulation
100. How this subdivision applies
101. Authorisation that may be altered or limited by water planning instrument
102. Authorisations under water plans or regulation
103. Authorisation to take water for stock or domestic purposes may be limited
Division 2 - Water licences
Subdivision 1 - Preliminary
104. Definitions for div 2
104A. (Repealed)
104B. (Repealed)
104C. (Repealed)
104D. (Repealed)
105. Purpose of div 2
105A. (Repealed)
106. What is a water licence
106AA. (Repealed)
106A. (Repealed)
Subdivision 2 - Obtaining a water licence
107. Applying for a water licence
107A. (Repealed)
107B. (Repealed)
107C. (Repealed)
108. Applying for transmission water licence
108A. (Repealed)
108B. (Repealed)
108C. (Repealed)
109. When application may not be made
110. When application may be made
111. Additional information may be required
111A. (Repealed)
112. Public notice of application for water licence
113. Criteria for deciding application for water licence
114. Deciding application for water licence
115. Effect of disposal of part of land to which application for water licence relates
115A. (Repealed)
116. Granting a water licence under a process in a plan or regulation
Subdivision 3 - Contents, terms and conditions of water licences
117. Contents of water licence
118. Conditions of water licence
118A. (Repealed)
119. Where water under certain licences must be used
119A. (Repealed)
119B. (Repealed)
119C. (Repealed)
119D. (Repealed)
Subdivision 4 - Dealings with water licences
120. What are dealings with water licences
120B. (Repealed)
121. Who may apply for dealing with water licence
121A. (Repealed)
122. How to apply for dealing with water licence
122A. (Repealed)
123. Application to amend water licence to add or remove land
124. Water licence remains in force until application for renewal decided
125. Application to reinstate expired water licence
126. Application to relocate water licence
127. Application for a seasonal water assignment
127A. (Repealed)
127B. (Repealed)
127C. (Repealed)
128. Additional information may be required for application for dealings
128A. (Repealed)
128B. (Repealed)
129. When chief executive must refuse application
129A. (Repealed)
130. When application for dealing must be assessed as application for new water licence
131. Recording other dealings
131A. Effect of disposal of part of land relating to particular dealing with water licence
132. Actions chief executive may take in relation to water licences
133. Actions chief executive must take in relation to water licences
134. Amendment of water licence after show cause process
135. Cancellation of water licence
136. Surrender of a water licence
Subdivision 5 - (Repealed)
Subdivision 6 - (Repealed)
Division 3 - Water permits
137. Applying for water permit
137A. Additional information may be required
138. Criteria for deciding application for water permit
139. Deciding application for water permit
140. Contents of water permit
141. Conditions of water permit
142. Cancelling water permit
Division 4 - Water allocations
Subdivision 1 - Preliminary
143. Meaning of element of a water allocation
144. Meaning of maximum rate for div 4
145. Meaning of volumetric limit for div 4
Subdivision 2 - Converting water entitlements and granting water allocations
146. Converting water entitlements
146A. (Repealed)
146B. (Repealed)
147. Granting water allocations under a process in a plan
148. Relationship between water plans and water allocation
149. Security for supply and storage of water allocation
150. Amending water allocations
150A. (Repealed)
150B. (Repealed)
151. Correcting water allocation when recording the granting or amending
152. Registration details for water allocations
153. Water allocations to which a distribution operations licence applies
154. Preservation of obligation in particular circumstances
155. Disclosure to proposed transferee or lessee of water allocation to which distribution operations licence applies
Subdivision 3 - Dealings with water allocations
156. Meaning of water allocation dealing
157. Transfers or leases of water allocations not managed under a resource operations licence
158. Water allocation dealing rules
159. Applying for water allocation dealing consistent with water allocation dealing rules
160. Form and validity of certificate
161. Registering approved application for a water allocation dealing
162. Water allocations may be surrendered
163. Cancelling water allocations
164. Water allocations may be forfeited
165. Dealing with water allocations granted or dealt with through fraud
166. Priority for applying proceeds of sale of water allocations under a power of sale
Subdivision 4 - Registering interests and dealings for water allocations
167. Registrar
167A. (Repealed)
168. Water allocations register
169. Form of register
169A. Delegations by registrar
169B. Use of registrar’s title
170. Interests and dealings that may be registered
171. Effect on priority of notices given under s 73(1)(b)
172. Effect on priority of notices given under s 73(1)(c)
173. Application of Land Title Act 1994 to water allocations register
174. Application of other Acts to the water allocations register
175. Searching water allocations register
Division 5 - Resource operations licences and distribution operations licences
Subdivision 1 - Nature and content of resource operations licences and distribution operations licences
176. What is a resource operations licence
177. What is a distribution operations licence
178. Nomination and approval of entity as distribution operations licence holder
179. Content of a resource operations licence or distribution operations licence
Subdivision 2 - Granting or amending resource operations licence or distribution operations licence
180. Chief executive may grant a resource operations licence or distribution operations licence without application
181. Application for resource operations licence or distribution operations licence
182. Deciding application for resource operations licence or distribution operations licence
183. Chief executive must amend a resource operations licence or distribution operations licence for consistency with water plan
184. Holder may apply to amend resource operations licence or distribution operations licence
184A. Procedure if request is made under s 183(5) or 184(6) to refer proposed change to rules to referral panel
185. Chief executive may amend resource operations licence or distribution operations licence in an emergency
185A. (Repealed)
186. Minor, stated or agreed amendments of resource operations licence or distribution operations licence
186A. (Repealed)
186B. (Repealed)
Subdivision 3 - Transferring, amalgamating and cancelling resource operations licences or distribution operations licences
187. Applying for transfer of licence
188. Additional requirements for transfer of distribution operations licence to nominee
189. Additional information may be required
190. Deciding application to transfer licence
191. Approving application to transfer licence
192. Refusing application to transfer licence
193. Amalgamating licences
194. Cancelling licence
195. Procedure for cancelling licence
196. Cancelling licence no longer required
Subdivision 4 - Operations manuals
197. Requirement to have an operations manual
197A. (Repealed)
198. Approval of operations manual
198A. (Repealed)
199. Resolving disputes about approval of operations manual
199A. (Repealed)
199B. (Repealed)
200. Application to amend or replace operations manual
201. Operations manual must remain consistent with water plan, resource operations licence and distribution operations licence
Subdivision 5 - Audit reports
202. Preparing regular audit reports
203. Access for conducting a relevant audit
Division 5A - Minister or chief executive may give direction to take action about water quality issue
203A. Application of division
203B. Direction to take action or direction not to take action
203C. Deciding whether to give direction and deciding content of direction
203D. Direction must be complied with
203E. Protection of relevant entity
203F. Protection of State and official from liability
203G. Report by official
Division 6 - Operations licences
Subdivision 1 - Preliminary
204. Purpose of div 6
205. Application of div 6
Subdivision 2 - Granting operations licences
206. Applying for operations licence
206A. (Repealed)
207. Additional information may be required
208. Criteria for deciding application for operations licence
209. Deciding application for operations licence
210. Conditions of operations licence
Subdivision 3 - Dealings with operations licences
211. Amending operations licences on application of licensee
211A. (Repealed)
212. Giving show cause notice about proposed amendment of operations licence
212A. (Repealed)
213. When chief executive must amend operations licence
213A. (Repealed)
214. Minor amendment of operations licence
215. Transferring operations licence
216. Surrendering operations licence
216A. (Repealed)
217. Cancelling operations licence
PART 4 - RIVERINE PROTECTION
Division 1 - Granting permits for destroying vegetation, excavating or placing fill in a watercourse, lake or spring
218. Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring
219. Additional information may be required
220. Criteria for deciding application
221. Deciding application
Division 2 - Dealings with riverine protection permits
222. Amending conditions or cancelling permit
223. Deciding whether to proceed with proposed cancellation or amendment
224. Immediate suspension of riverine protection permit in exceptional circumstances
Division 3 - Notices
225. Notice to owner of land to remove vegetation etc.
Division 4 - (Repealed)
Division 5 - (Repealed)
Division 6 - (Repealed)
PART 5 - QUARRY MATERIALS
Division 1 - Preliminary
226. Ownership and management of certain quarry material
Division 2 - Granting and selling allocations of quarry material
227. Applying for allocation of quarry material
228. Additional information may be required
229. Criteria for deciding application for allocation of quarry material
229A. (Repealed)
229B. (Repealed)
229C. (Repealed)
229D. (Repealed)
229E. (Repealed)
230. Deciding application for allocation of quarry material
231. Selling allocation of State quarry material by auction or tender
Division 3 - Content and conditions of allocation notices
232. Content of allocation notices
233. Conditions of allocation notices
234. Financial assurance for allocation of quarry material
Division 4 - Dealings with allocations of quarry material
235. Transferring allocation of quarry material
236. Renewing allocations of quarry material
236A. (Repealed)
237. Amending, suspending or cancelling allocation notice
238. Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice
239. Surrendering allocation notice
Division 5 - General
240. Royalty or price for State quarry material
PART 6 - MISCELLANEOUS
241. Referral panels
242. Minister may direct chief executive to establish referral panel
243. (Repealed)
244. (Repealed)
245. (Repealed)
PART 7 - (Repealed)
PART 8 - (Repealed)
PART 9 - (Repealed)
PART 10 - (Repealed)
PART 11 - (Repealed)
CHAPTER 2A - WATER SUPPLY AND DEMAND MANAGEMENT
PART 1 - PRELIMINARY
340. Main purpose of ch 2A and its achievement
341. What is the SEQ region
PART 2 - WATER SECURITY PLANNING
Division 1 - Designation of regions and nomination of water service providers
342. Designation of regions
343. Nomination of water service providers
343A. (Repealed)
Division 2 - Desired level of service objectives
344. Desired level of service objectives
345. Public notice about proposed desired level of service objectives
346. Chief executive must consider properly made submissions
347. Report on desired level of service objectives
348. Review of desired level of service objectives
Division 3 - Water security program
Subdivision 1 - Preliminary
348A. (Repealed)
349. Definition for div 3
Subdivision 2 - Requirement for water security program
350. Bulk water supply authority to have water security program
351. Nominated water service providers to have water security program
352. Particular water service providers to have water security program
353. Content of water security program
Subdivision 3 - Preparing and finalising water security program
354. Preparing draft water security program
355. Consultation for draft water security program
356. Chief executive to review draft water security program
357. Special procedures for draft water security program if changes recommended
358. Finalisation and publication of water security program
Subdivision 4 - Review and amendment of water security program
359. Review of water security program
360. Amendment of water security program
360A. Procedure for amending water security program
Subdivision 5 - Miscellaneous provision
360AA. (Repealed)
360AB. (Repealed)
360AC. (Repealed)
360AD. (Repealed)
360AE. (Repealed)
360AF. (Repealed)
360B. Designated water security entity not required to prepare drought management plan under Water Supply Act
Division 4 - (Repealed)
Division 4A - (Repealed)
Division 5 - (Repealed)
Division 6 - (Repealed)
Division 7 - (Repealed)
PART 3 - ARRANGEMENTS FOR SEQ REGION
Division 1 - Preliminary
360C. Definitions for pt 3
360D. Operation of pt 3
360E. Application of pt 3
360F. Obtaining information
360FA. (Repealed)
360FB. (Repealed)
360FC. (Repealed)
Division 2 - Bulk water supply agreements
360G. Making agreement
360H. Bulk water party may amend non-mandatory terms of agreement
360I. Minister’s direction about agreement amendment
360J. Offence to fail to comply with Minister’s direction about agreement amendment
360K. Record of bulk water supply agreements
360L. Liability of bulk water parties
Division 3 - Bulk water supply code
Subdivision 1 - General provisions about code
360M. Minister’s power to make code
360N. Content of code—costs and prices
360O. Content of code—general
360P. When code takes effect
360Q. Tabling of code
360R. Publication of code
360S. Compliance with code
360T. Civil liability not affected by code
360TA. (Repealed)
Subdivision 2 - Process for making or amending code
360U. Consultation for code
Division 4 - Supply of bulk services
360V. Supply under bulk water supply agreement
360W. Minister may decide cost or price
360X. Amended cost or price
360Y. Limitation of review
360Z. Minister’s direction about bulk services supplied by SEQ service provider
360ZA. (Repealed)
360ZB. (Repealed)
360ZC. (Repealed)
360ZCA. (Repealed)
360ZCAA.(Repealed)
360ZCAB.(Repealed)
360ZCAC.(Repealed)
360ZCAD.(Repealed)
360ZCB. (Repealed)
360ZCC. (Repealed)
360ZCD. (Repealed)
360ZCE. (Repealed)
360ZCF. (Repealed)
360ZCG. (Repealed)
360ZCH. (Repealed)
360ZCI. (Repealed)
360ZCJ. (Repealed)
360ZCK. (Repealed)
360ZCKA.(Repealed)
360ZCKB.(Repealed)
360ZCKC.(Repealed)
PART 4 - (Repealed)
PART 5 - (Repealed)
PART 5A - (Repealed)
PART 6 - (Repealed)
PART 7 - (Repealed)
CHAPTER 3 - UNDERGROUND WATER MANAGEMENT
PART 1 - PRELIMINARY
Division 1 - Interpretation
361. Purpose of ch 3
362. Definitions for ch 3
363. Water bores to which ch 3 applies
364. References in ch 3 to resource tenures and holders of resource tenures if the tenure ends
Division 2 - Cumulative management areas
365. Declaring cumulative management areas
Division 3 - General obligations of resource tenure holders
366. Obligation to use best endeavours to obtain approvals
367. Obligation to use best endeavours to obtain information
PART 2 - REPORTING
Division 1 - Preliminary
368. Who is a responsible entity
369. Who is a responsible tenure holder
369A. Application of pt 2
Division 2 - Underground water impact reports
370. Obligation to give underground water impact report
370A. When obligation to give underground water impact report does not apply—exemption for low risk resource tenures
370B. When obligation to give further underground water impact report does not apply
371. When obligation to give underground water impact report does not apply—notice of closure
Division 2A - (Repealed)
Division 3 - Notices of closure and final reports
372. Obligation to give notice of closure—general
373. Obligation to give notice of closure—relevant events
374. Obligation to give final report
375. When obligation to give final report does not apply
Division 4 - Requirements for underground water impact reports and final reports
Subdivision 1 - Content
376. Content of underground water impact report
376A. (Repealed)
376B. (Repealed)
377. Content of final report
378. Content of water monitoring strategy
379. Content of spring impact management strategy
380. Identifying responsible tenure holders for cumulative management areas
Subdivision 2 - Consultation by responsible entity
381. Requirement for consultation
382. Public notice and copies of report
383. Submissions summary
Division 5 - Approval of report by chief executive
384. Modifying report before approval
384A. (Repealed)
385. Decision on report
386. Publishing approval and making report available
Division 6 - Provisions about approved reports
387. Approved underground water impact report or final report establishes immediately affected and long-term affected areas
387A. (Repealed)
387B. (Repealed)
387C. (Repealed)
387D. (Repealed)
387E. (Repealed)
388. Effect of approved underground water impact report
388A. (Repealed)
389. Effect of approved final report
390. Compliance with approved reports
Division 7 - Amending approved reports
391. Minor or agreed amendments of approved report
392. Direction to propose amendment and consult on proposal
393. Other amendments
PART 3 - BASELINE ASSESSMENTS
Division 1 - Preliminary
394. What is a baseline assessment
394A. Application of pt 3
395. Chief executive may make guidelines
396. Method of undertaking baseline assessment
Division 1A - (Repealed)
Division 1B - (Repealed)
Division 2 - Preparing and approving baseline assessment plans
397. Obligation to prepare baseline assessment plan
398. Requirements for baseline assessment timetable
398A. (Repealed)
399. Approval of baseline assessment plan
400. Compliance with approved baseline assessment plan
Division 2A - (Repealed)
Division 2C - (Repealed)
Division 3 - Amending approved baseline assessment plans
401. Application to amend
Division 4 - Miscellaneous
402. Direction by chief executive to undertake baseline assessment
403. Notice of intention to undertake baseline assessment
404. Bore owner must give information
405. Notice of outcome of baseline assessment
Division 5 - (Repealed)
PART 4 - GENERAL AGREEMENTS ABOUT WATER BORES
406. Obligation to negotiate general agreement
407. Effect of an agreement under this part
407A. (Repealed)
407B. (Repealed)
PART 5 - MAKE GOOD OBLIGATIONS FOR WATER BORES
Division 1 - Preliminary
408. Definition for pt 5
409. Make good obligations for water bores
410. Who must comply with make good obligations
Division 2 - Bore assessments
Subdivision 1 - Preliminary
411. What is a bore assessment
412. When does a water bore have an impaired capacity
413. Chief executive may make guidelines
414. Method of undertaking bore assessment
414A. (Repealed)
414B. (Repealed)
414C. (Repealed)
414D. (Repealed)
414E. (Repealed)
414F. (Repealed)
414G. (Repealed)
414H. (Repealed)
414I. (Repealed)
414J. (Repealed)
414K. (Repealed)
414L. (Repealed)
414M. (Repealed)
414N. (Repealed)
Subdivision 2 - Obligations relating to bore assessments
415. Notice of intention to undertake bore assessment
416. Bore owner must give information
Subdivision 3 - Obligations to undertake bore assessments
417. Obligation to undertake bore assessment of immediately affected area bore in particular circumstances
418. Direction by chief executive to undertake bore assessment
419. Notice of outcome of bore assessment
Division 3 - Make good agreements
Subdivision 1 - Preliminary
420. What is a make good agreement for a water bore
420A. (Repealed)
420B. (Repealed)
421. What is a make good measure for a water bore
422. Persons bound by make good agreement
Subdivision 2 - Requirements to enter into make good agreements
423. Requirement to enter into make good agreement and reimburse bore owner
423A. Termination of make good agreement during cooling-off period
Subdivision 3 - Obligation to negotiate variation of make good agreements
424. Negotiating variation of make good agreement
Division 4 - Disputes about make good obligations
Subdivision 1 - Preliminary
425. Application of div 4
426. Parties may seek conference or independent ADR
427. Duration of conference or ADR
Subdivision 2 - Calling conference and attendance
428. Calling conference
429. Who may attend conference
429A. (Repealed)
429B. (Repealed)
429C. (Repealed)
429D. (Repealed)
429E. (Repealed)
429F. (Repealed)
429G. (Repealed)
429H. (Repealed)
429I. (Repealed)
429J. (Repealed)
429K. (Repealed)
429Q. (Repealed)
429R. (Repealed)
429S. (Repealed)
429T. (Repealed)
430. What happens if a party does not attend
Subdivision 3 - Conduct of conference
431. Authorised officer’s role
432. Statements made at conference
433. Negotiated agreement
Subdivision 3A - Arbitration
433A. Parties may request arbitration
433B. Arbitrator’s functions
433D. Application of Commercial Arbitration Act 2013
433E. Costs of arbitration
433F. Effect of arbitrator’s decision
Subdivision 4 - Land Court decision on dispute
434. Deciding dispute through Land Court after unsuccessful conference or ADR
435. Provisions for making decision
436. Provisions for deciding any compensation
Subdivision 5 - Successors and assigns
437. Land Court’s decision binds successors and assigns
437A. Arbitrator’s decision binding on successors and assigns
PART 6 - END OF TENURE PROVISIONS
438. Application of make good obligations to particular bores
439. Continuation of underground water obligations
440. Resource tenure holder may start complying with make good obligations before final report approved
441. Right of entry after resource tenure ends to comply with particular obligations
PART 7 - (Repealed)
PART 8 - DIRECTIONS BY CHIEF EXECUTIVE
Division 1 - Direction to undertake water monitoring activities
448. Application of div 1
449. Chief executive may direct resource tenure holder to carry out water monitoring activities
Division 2 - Emergency directions
450. Application of div 2
451. Power to give direction
452. Offence to fail to comply with direction
453. Chief executive may take action and recover costs
Division 3 - Other directions
454. Directions to resource tenure holders and bore owners to give information
CHAPTER 3A - OFFICE OF GROUNDWATER IMPACT ASSESSMENT
PART 1 - GENERAL PROVISIONS ABOUT THE OFFICE
Division 1 - Establishment
455. Establishment
Division 2 - Functions and powers
456. Functions of office
457. General powers of office
458. Advice to chief executive
459. Office to keep and maintain database
460. Obtaining information about underground water from resource tenure holders
461. Advisory bodies
Division 3 - Membership of the office
462. Membership of office
Division 4 - Staff of the office
Subdivision 1 - Manager of the office
463. Manager of the office
464. Appointment of manager
465. Eligibility for appointment
466. Term of appointment
467. Functions of the manager
468. Powers of the manager
469. Independence in performing functions
470. Manager not to engage in other paid employment
471. Vacancy in office of manager
472. Termination of appointment
473. Delegation
474. Preservation of rights as public service officer
475. (Repealed)
Subdivision 2 - Other staff of the office
476. Office staff
477. Alternative staffing arrangements
PART 2 - FUNDING FOR OFFICE
478. Groundwater Impact Assessment Fund
479. Annual levy for underground water management
479A. Recovery of levy
480. Payment of amounts into Groundwater Impact Assessment Fund
481. Payment of amounts from Groundwater Impact Assessment Fund
482. Administration of Groundwater Impact Assessment Fund
PART 3 - MISCELLANEOUS PROVISIONS
483. Public access to database
484. Resource tenure holder access to information
485. Chief executive’s access to information
486. (Repealed)
487. (Repealed)
488. (Repealed)
489. (Repealed)
490. (Repealed)
491. (Repealed)
492. (Repealed)
493. (Repealed)
494. (Repealed)
495. (Repealed)
496. (Repealed)
497. (Repealed)
498. (Repealed)
499. (Repealed)
500. (Repealed)
514. (Repealed)
515. (Repealed)
516. (Repealed)
517. (Repealed)
518. (Repealed)
519. (Repealed)
520. (Repealed)
CHAPTER 4 - WATER AUTHORITIES
PART 1 - PRELIMINARY
542. Purposes of ch 4
PART 2 - WATER AUTHORITIES
Division 1 - General
548. Establishing water authorities
549. Categories of water authorities
550. Water authority is a body corporate etc.
551. Application of particular Acts to a water authority
552. (Repealed)
553. (Repealed)
554. (Repealed)
555. (Repealed)
Division 2 - Procedure
556. Amending establishment regulation
557. Considering submissions on amending establishment regulation
PART 3 - FUNCTIONS AND POWERS OF WATER AUTHORITIES
Division 1 - Functions
569. Main function of water authority
570. Other functions of water authority
571. Establishment as a water authority is not a right to water entitlement or resource operations licence
Division 2 - Powers
Subdivision 1 - Rates and charges
572. Power to make and levy rates and charges
573. Exemption from rates
574. (Repealed)
575. Discount for payment of rates and charges
576. Recovering rates and charges
Subdivision 2 - Taking land
577. Power to take land
578. Purposes for which land may be taken
Subdivision 3 - General
579. Delegation
Division 3 - Reporting requirements
580. Notice of proposed significant action
581. Minister may require information
582. Statement of operations
583. Identification and disclosure of cross-subsidies
Division 4 - Work performance arrangements
584. Water authority may enter into work performance arrangements
Division 5 - Water authority officers’ duties and responsibilities
585. Duties and liabilities of water authority officers
PART 4 - BOARD OF DIRECTORS
Division 1 - Appointment and related matters
597. Board of directors
598. Role of board
598A. (Repealed)
599. Number of directors
600. Appointment
601. Chairperson
602. Disqualification as director
603. Criminal history report
603A. (Repealed)
603B. (Repealed)
604. Term
604A. (Repealed)
605. Resignation
606. Suspension and removal of director
607. Vacancy in office
608. Acting director
609. Category 2 water authority board must seek and nominate suitable candidates
609A. Removal of all directors of board
609B. Administration of water authority if no board
Division 2 - Directors’ duties
610. Disclosure of interests
611. Declaration about duty to act in authority’s interest
612. Prohibition on loans to directors
613. Water authority not to indemnify officers
614. Water authority not to pay premiums for particular liabilities of officers
615. Director’s duty to prevent insolvent trading
616. Court may order compensation
617. Examination of persons concerned with water authorities
618. Power to grant relief
619. False or misleading information or documents
Division 3 - Board proceedings
619A. Application
620. Time and place of meetings
621. Conduct of proceedings
622. Participation in meetings by telephone etc.
623. Minutes
Division 4 - Directors’ fees and allowances
624. Fees and allowances
PART 4A - (Repealed)
PART 5 - CATEGORY 1 WATER AUTHORITY MATTERS
Division 1 - Commercialising category 1 water authorities
Subdivision 1 - Preliminary
637. Meaning of commercialisation
638. Key commercialisation principles
Subdivision 2 - Category 1 water authorities subject to commercialisation
639. Category 1 water authorities subject to commercialisation
640. Key objectives of category 1 water authority
Division 2 - (Repealed)
Division 3 - Corporate plan for category 1 water authorities
645. Category 1 water authority must have corporate plan
646. Guidelines for corporate plans
647. Draft corporate plan
648. Special procedures for draft corporate plan
649. Corporate plan on agreement
650. Corporate plan pending agreement
651. Modifying corporate plan
Division 4 - Performance plan for category 1 water authorities
652. Category 1 water authority must have performance plan
653. Content of performance plan
654. Preparing draft performance plan
655. Special procedures for draft performance plan
656. Performance plan on agreement
657. Performance plan pending agreement
658. Modifying performance plan
Division 5 - Tax equivalents manual for category 1 water authorities
659. Treasurer may issue tax equivalents manual
Division 6 - Dividends payable by category 1 water authorities
660. Payment of dividends
661. Interim dividends
662. (Repealed)
663. (Repealed)
PART 6 - RESERVE POWERS OF MINISTER
675. Minister’s power to notify water authority of public sector policies
676. Minister’s power to give directions in public interest
677. (Expired)
678. Notice of suspected insolvency because of notice or direction
PART 7 - AMALGAMATING, DISSOLVING AND TRANSFERRING FUNCTIONS OF WATER AUTHORITIES AND AUTHORITY AREAS
Division 1 - Amalgamating or dissolving water authorities and authority areas
Subdivision 1 - General procedure
690. Amalgamating water authorities and authority areas
691. Dissolution of water authority and authority area
691A. Distribution contract applying for particular water allocations
692. Public notice of proposed amalgamation or dissolution
693. (Repealed)
694. Considering submissions on proposed amalgamation or dissolution
Subdivision 2 - Additional procedures for conversion to an alternative institutional structure
695. Water authority may request its dissolution
695A. Closed water activity agreement
696. Procedure before authority is dissolved to convert to alternative institutional structures
Subdivision 3 - Other matters
697. Recovering amalgamation or dissolution costs
698. (Repealed)
699. (Repealed)
700. (Repealed)
Division 2 - Transferring water authority’s functions to local government
700A. Process for transfer
Division 3 - Effect of amalgamating, dissolving, converting to alternative institutional structure and transferring functions
701. Definitions for div 3
701A. Notification for conversion to 2 or more alternative institutional structures
702. Vesting of assets, rights and liabilities
703. Continuing legal proceedings
704. Existing employees
705. State undertakes non-transferable civil liability
706. Non-liability for State taxes
707. Water authority to help local government for transfer
PART 8 - MISCELLANEOUS
717. Recovering water authority’s establishment costs
CHAPTER 4A - DECLARED CHANNEL SCHEMES
PART 1 - PRELIMINARY
718. Definitions for chapter
719. What is a declared project
720. What is a declared channel scheme
721. What is an irrigation entity
722. Minister may declare transfer day for declared channel scheme
PART 2 - PARTICULAR MINISTERIAL POWERS RELATING TO DECLARED PROJECTS
723. Transfer notice
724. Project direction
PART 3 - INTERESTS IN LAND
725. Resource authorities unaffected
725A. Rent payable if perpetual lease issued or transferred to irrigation entity
726. Particular easements
727. Unregistered easements
728. Compensation not payable to any person for action under s 727
729. Third party licences preserved
730. Subleases and licences under Land Act 1994
731. Disapplied mediation provisions
732. Application of Land Act 1994 and registration
733. Permits to occupy under Land Act 1994
734. Ancillary works and encroachments under Transport Infrastructure Act 1994
735. Approvals for Transport Infrastructure Act 1994, s 255
736. Access across irrigation channels
PART 4 - EMPLOYEES
737. What is the employee register for a declared channel scheme
738. Who is a transferable employee
738A. Transfer of transferable employees
738B. Preservation of rights of transferable employees
738C. Individual contracts of employment
PART 5 - WATER SERVICE PROVIDER PROVISIONS
738D. Application of part
738E. Irrigation entity becomes water service provider
738F. No notice to regulator required
738G. Migration of customers
PART 6 - DISTRIBUTION OPERATIONS LICENCES, WATER ALLOCATIONS AND PARTICULAR CONTRACTS
738H. Issuing of distribution operations licence to irrigation entity
738I. Supply contracts applying for particular water allocations
738J. Power to charge fees for drainage services under supply contract
738JA. Bulk water contracts
738JB. Drainage contracts
PART 7 - OTHER AUTHORITIES
738K. Environmental authorities
738L. Licensing as a ground distribution contractor under Agricultural Chemicals Distribution Control Act 1966
PART 8 - DIVESTMENT
738M. Application of part
738N. Providing irrigation services not a monopoly business activity
738O. Application of Co-operatives National Law (Queensland)
738P. Notifiable event for Auditor-General Act 2009
PART 9 - OTHER MATTERS FOR DECLARED PROJECTS
738Q. Duty to facilitate declared projects
738R. Confidentiality agreement with irrigation entity
738S. Disclosure and use of information for declared project
738T. Non-liability for State taxes, charges or fees
738U. Disposal of public records
738V. Application of instruments
738W. Documents applying to SunWater and an irrigation entity
738X. Registering authority to note transfer or other dealing
738Y. Act applies despite other laws and instruments
738Z. Excluded matter for Corporations Act
738ZA. Effect on legal relationships
738ZB. Approval under Government Owned Corporations Act 1993, s 139
738ZC. Things done under chapter
738ZD. Limitation of review
738ZE. Severability
PART 10 - MISCELLANEOUS
738ZF. Evidentiary aids
738ZG. Delegations
738ZH. References to SunWater
PART 11 - (Expired)
PART 12 - EXPIRY AND SAVINGS PROVISIONS
738ZJ. Expiry of chapter
738ZK. Saving of operation of chapter
CHAPTER 5 - INVESTIGATIONS, ENFORCEMENT AND OFFENCES
PART 1 - INVESTIGATION MATTERS
Division 1 - Authorised officers
739. Appointment and qualifications of authorised officers
740. Functions and powers of authorised officers
741. Conditions of appointment of authorised officers
742. Authorised officer’s identity card
743. Failure to return identity card
744. Producing or displaying identity card
Division 2 - Powers of entry of authorised officers
745. Definition for div 2
746. Power to enter land to monitor compliance
747. Power to enter land in relation to information collection
748. Power to enter land to search for unauthorised activities
748A. (Repealed)
749. Power to enter places for other purposes
Division 3 - Procedure for entry
750. Entry with consent
751. Applying for warrant
752. Issue of warrant
753. Special warrants
754. Warrants—procedure before entry
Division 4 - Powers of authorised officers after entering a place
755. General powers after entering places
756. Failure to help authorised officer
757. Failure to give information
Division 4A - Power to seize evidence
757A. Seizing evidence
757B. Securing seized things
757C. Tampering with seized things
757D. Powers to support seizure
757E. Receipts for seized things
757F. Forfeiture by authorised officer
757G. Forfeiture on conviction
757H. Dealing with forfeited things
757I. Return of seized things
757J. Access to seized things
Division 5 - Power to obtain information
758. Power to require name and address
759. Failure to give name or address
760. Power to require production of documents
761. Failure to certify copy of document
762. Failure to produce document
763. Power to require information
Division 6 - Compensation for damage caused when exercising power
764. Giving notice of damage
765. Compensation for damage
Division 7 - Obtaining criminal history reports
766. Purpose of div 7
767. Chief executive’s power to obtain criminal history report
768. Criminal history is confidential document
778. (Repealed)
PART 2 - ENFORCEMENT MATTERS
Division 1 - Show cause and compliance notices
779. General requirements for show cause notices
780. Who may give a compliance notice
781. General requirements for compliance notices
782. Compliance with compliance notice
783. Chief executive may take action and recover costs
Division 2 - Enforcement orders
784. Proceeding for orders
785. Proceeding brought in a representative capacity
786. Making interim enforcement order
787. Proceeding for enforcement order without notice
788. Making enforcement order
789. Effect of orders
790. Court’s powers about orders
791. Contributing to cost of bringing proceeding
Division 3 - Costs for proceedings under division 2
792. Parties to pay own costs for proceedings
PART 3 - OFFENCES
Division 1 - Offences for chapter 2
808. Unauthorised taking, supplying or interfering with water
808A. Taking water in excess of volume or rate allowed under water entitlement
809. Using water contrary to water use plan
810. (Repealed)
811. Tampering with devices
812. Contravening conditions of water entitlement, seasonal water assignment notice or water permit
812A. (Repealed)
812B. (Repealed)
813. Contravening licence condition
814. Destroying vegetation, excavating or placing fill without permit
815. Removing quarry material
816. Unauthorised water bore drilling activities
817. Contravening requirements for mining and petroleum drilling
818. Contravening condition of water bore driller’s licence
819. False or misleading advertising
820. Taking water without operations licence
Division 2 - (Repealed)
Division 3 - General offences
825. False or misleading statements
826. False or misleading documents
827. Obstructing and impersonating authorised officers
828. Executive officer may be taken to have committed offence
829. Persons taken to have committed particular offences
CHAPTER 6 - REVIEWS AND APPEALS
PART 1 - INTERPRETATION
851. Who is an interested person
PART 2 - INTERNAL REVIEW OF DECISIONS
861. Appeal or external review process starts with internal review
862. Who may apply for internal review
863. Applying for an internal review
864. Review decision
865. Stay of operation of original decision
PART 3 - APPEALS AND EXTERNAL REVIEWS
877. Who may appeal or apply for external review
878. Starting an appeal to the Land Court
879. Staying operation of review decision
880. Hearing procedures
881. Assessors
882. Powers of court on appeal
PART 4 - (Repealed)
CHAPTER 7 - LEGAL PROCEEDINGS
PART 1 - EVIDENCE
918. Application of pt 1
919. Appearance
920. Appointments and authority
921. Evidentiary aids
PART 2 - PROCEEDINGS
931. Proceedings for offences
932. Who may bring proceedings for offences
933. Proceeding brought in a representative capacity
934. Magistrates Court may make orders
935. Costs involved in bringing proceeding
936. Responsibility for acts or omissions of representatives
CHAPTER 8 - MISCELLANEOUS
PART 1 - APPOINTMENT OF ADMINISTRATOR
955. Governor in Council may appoint administrator to operate infrastructure
956. Effect of administrator operating infrastructure
957. (Repealed)
958. (Repealed)
959. Displacement provision for Corporations legislation
PART 2 - RELATIONSHIP WITH PLANNING ACT
Division 1 - Particular development applications and change applications
Subdivision 1 - Requirements for particular development applications and change applications
966. Particular applications for removal of quarry material
966A. (Repealed)
966B. (Repealed)
966C. (Repealed)
967. Applications for levees
Subdivision 2 - (Repealed)
Subdivision 3 - (Repealed)
Subdivision 4 - Miscellaneous
972B. When appeal may be made to Land Court
Division 2 - Development permits and development approvals
972C. (Repealed)
972D. Additional rights for permits for operational work
972E. (Repealed)
972F. (Repealed)
Division 3 - Directions by chief executive
Subdivision 1 - Direction powers
972G. Relationship with Planning Act
972H. Modification or removal of works
972I. Removal of quarry material
972J. Modification or removal of levees
Subdivision 2 - Effect of directions
972K. Application of sdiv 2
972L. Direction is a compliance notice
972M. When direction takes effect
972N. Direction prevails over development permit
972O. Offence to fail to comply with direction
PART 2A - INSTALLING, MAINTAINING AND READING METERS
973. Appointment and qualifications of metering contractors
974. Metering contractor’s identity card
975. Failure to return identity card
976. Producing or displaying identity card
977. Power to enter places for stated purposes
978. Obstructing metering contractors
979. Giving notice of damage
980. Compensation for damage
PART 2B - WATER BORE DRILLERS
Division 1 - Granting water bore driller’s licences
981. Applying for water bore driller’s licence
982. Additional information may be required
983. Deciding application for water bore driller’s licence
983A. Conditions of water bore driller’s licence
Division 2 - Dealings with water bore driller’s licences
983B. Applying to amend water bore driller’s licence
983C. Giving show cause notice about proposed amendment of water bore driller’s licence
983D. Deciding proposed amendment of water bore driller’s licence
983E. Minor or stated amendments of water bore driller’s licence
983F. Renewing water bore driller’s licence
983G. Reinstating expired water bore driller’s licence
983H. Suspending water bore driller’s licence
983I. Cancelling water bore driller’s licence
Division 3 - General
983J. Production of licence to authorised officer
983K. Failure to return suspended, cancelled or expired licence
983L. Records of water bores drilled
983M. Replacing lost or destroyed water bore driller’s licence
PART 3 - COMPENSATION
Division 1 - Preliminary
984. Definitions for pt 3
985. Application of pt 3
Division 2 - Particular water allocation owners
986. Particular reductions in allocation’s value
Division 3 - Particular water access entitlement owners
Subdivision 1 - Preliminary
986A. Application of div 3
Subdivision 2 - Compensation for particular changes for the environmental update purpose
986B. Compensation entitlement
986C. Designated plans and replacements
986D. Prescribed area plans
986E. Interim water resource plans
Subdivision 3 - Compensation for particular policy changes
986F. Compensation entitlement
Subdivision 4 - Restrictions on compensation entitlement
986G. Restrictions
Division 4 - Miscellaneous provisions
986H. Regulation-making power
986I. Water plan to identify particular changes
986J. Making water management plans by declaration
987. Limiting compensation for reduced value of entitlement to water
988. Time limits for claiming compensation
989. Time limits for deciding and advising on claims
990. Deciding claims for compensation
991. Calculating reasonable compensation involving changes
992. When compensation is payable
PART 3A - AUTHORITY HELD BY MOUNT ISA MINES LIMITED
992A. Authority held by Mount Isa Mines Limited under special agreement Act
PART 3B - SEQWATER
992B. Application of pt 3B
992C. Requirement for supply contract
992D. Chief executive may approve standard supply contract
992E. Customer of a service provider
992F. Cost of installing and maintaining meters
PART 3C - AUTHORITIES UNDER PARTICULAR SPECIAL AGREEMENT ACTS
Division 1 - Particular authority for Wenlock Basin
992G. Definitions for div 1
992H. Application of div 1
992I. Continuation of authority and grant of water licence to replace authority
992J. Amendment of water licence that replaces authority
Division 2 - Particular authority for Alcan agreement Act and Comalco agreement Act
992K. Definitions for div 2
992L. Continuation of authority and grant of water licence
Division 3 - Other authorities
992M. Definitions for div 3
992N. Application of div 3
992O. Relevant company may request water entitlement
992P. Effect of grant of water entitlement on existing authority to take or interfere with water under the special agreement
PART 4 - PROVISIONS ABOUT THE CORPORATISED ENTITY
993. Power to collect drainage rates
994. Exemption from drainage rates
995. Interest on overdue drainage rates
996. Discount for payment of drainage rates
997. Recovering drainage rates
998. (Repealed)
999. Minister’s and Treasurer’s power to give joint directions to corporatised entity
PART 4A - PRIVATE WATER SUPPLY AGREEMENTS FOR FORMER WATER AREAS
1000. Entering private water supply agreements
1001. Registration of private water supply agreement
1002. When agreement has effect
1003. Amending a private water supply agreement
1003A. Chief executive may approve standard agreement
PART 4B - SPECIAL PROVISION FOR CONDAMINE AND BALONNE RESOURCE OPERATIONS PLAN
1003B. Condamine and Balonne Resource Operations Plan amended
PART 4C - SPECIAL PROVISION FOR GULF RESOURCE OPERATIONS PLAN
1003C. Gulf Resource Operations Plan amended
PART 5 - GENERAL PROVISIONS
1004. (Repealed)
1004A. (Repealed)
1005. Advisory councils
1006. Declarations about watercourses
1006A. Underground water may be declared to be overland flow water
1007. Records to be kept in registries
1008. (Repealed)
1009. Public inspection and purchase of documents
1009A. Publishing under this Act
1010. Protecting officials from liability
1010A. Non-disclosure of commercially sensitive information
1011. Delegation by Minister
1012. Delegation by chief executive
1013. Approved forms
1013AA. Acceptance of particular requests and applications not in the approved form
1013A. Fees and charges payable to the chief executive
1013B. Non-payment of fees or charges
1013C. Fees—payment methods
1013CA. Fees—evidence and timing of payment
1013CB. Fees for titles registry functions
1013CC. Forfeiture of fee on rejecting instrument
1013CD. Fee not payable for particular matters
1013D. Minister’s and Treasurer’s power to give joint directions to bulk water supply authority
1013E. Advice to administering Minister about commission of particular offences
1014. Regulation-making power
1014A. Special regulation-making power to support outer bank identification
PART 6 - MURRAY-DARLING BASIN
1015. Particular documents to be tabled in the Legislative Assembly
CHAPTER 9 - TRANSITIONAL AND VALIDATION PROVISIONS
PART 1 - TRANSITIONAL PROVISIONS FOR ALLOCATION AND SUSTAINABLE MANAGEMENT
1037. Local government authorities
1037A. Other continuing authorities
1038. (Repealed)
1039. (Repealed)
1040. (Repealed)
1041. (Repealed)
1042. (Repealed)
1043. (Repealed)
1044. (Repealed)
1045. (Repealed)
1045A. (Repealed)
1046. Declared underground water areas
1047. (Repealed)
1048. Existing applications
1048A. Existing licences, permits and approvals
1048B. Existing trade waste approvals
1049. (Repealed)
1050. (Repealed)
1051. (Repealed)
1052. (Repealed)
1053. (Repealed)
1054. (Expired)
1055. (Repealed)
1056. (Repealed)
1057. Reinstating particular expired licences
1058. Reinstating particular expired licences in former water areas
PART 2 - TRANSITIONAL PROVISIONS FOR SERVICE PROVIDERS, SERVICE AREAS, FAILURE IMPACT ASSESSING OF DAMS AND FLOOD MITIGATION
Division 1 - (Repealed)
Division 2 - Failure impact assessing for dams
Subdivision 1 - Hazardous dams
1065. Application of sdiv 1
1065AA. Additional ground for amending safety condition of environmental authority
1065A. Transitional provision for dams containing hazardous waste
Subdivision 2 - Other dams
1065AB. Application of sdiv 2
1066. Application of ch 3, pt 6, div 1 to other dams
1067. Failure impact assessing existing unlicensed dams
1068. Failure impact assessing prescribed licensed dams
1069. Failure impact assessing licensed dams not prescribed
1070. Failure impact assessing small licensed dams
Division 3 - Flood mitigation
1071. Existing flood mitigation manuals
PART 3 - TRANSITIONAL PROVISIONS FOR WATER AUTHORITIES
1083. Continuing former water areas and former water boards—general
1083A. Former water areas without water boards
1084. Continuing Gladstone Area Water Board
1085. (Repealed)
1086. (Repealed)
1087. Existing employees of former water boards
1088. Authorised works in former water areas
1089. Existing authorities to take, or interfere with, water
1089A. Conversion of existing authorities to take water
1090. Existing contracts to supply water under repealed GAWB Act
1091. References to former water areas and former water boards
1092. (Repealed)
1093. (Expired)
PART 4 - TRANSITIONAL PROVISIONS ABOUT STATE WATER PROJECTS AND ITS CUSTOMERS
Division 1 - State Water Projects before corporatisation
1107. (Repealed)
1108. Delegated powers taken to have been validly exercised
Division 2 - State Water Projects after corporatisation
Subdivision 1 - Preliminary
1109. Definitions for div 2
1110. Application of div 2
Subdivision 2 - Granting interim resource operations licences and interim water allocations
1111. Granting interim resource operations licence to corporatised entity
1112. (Repealed)
1113. Granting interim water allocations to customers under interim resource operations licences
1114. Authorities under pt 4 or 9 of the repealed Act
1115. (Repealed)
Subdivision 3 - Supply contracts
1116. Minister must approve standard supply contracts
1117. Supply under written agreements or orders in council
1117A. (Repealed)
1118. (Repealed)
1119. (Repealed)
1121. (Repealed)
Subdivision 4 - (Repealed)
PART 4A - (Expired)
PART 5 - GENERAL
Division 1 - Miscellaneous
1129. References in Acts and documents
1130. (Expired)
1131. (Expired)
1132. (Expired)
1133. References to water in a watercourse or lake
1134. (Repealed)
1135. (Repealed)
1135A. (Repealed)
Division 2 - (Repealed)
Division 3 - (Repealed)
Division 4 - Transitional provisions for Water and Other Legislation Amendment Act 2005
1136B. Notices given under s 101(1)(b) and (1)(c)
1136C. Effect of disposal of part of land to which interim water allocation attaches
1136D. Effect of acquisition of part of land to which interim water allocation attaches
1136E. (Repealed)
1136F. (Repealed)
1136G. (Repealed)
1136H. (Repealed)
Division 5 - Transitional provisions for Water Amendment Act 2005
1137. Declaration for s 999
1138. (Repealed)
1139. Waiver of water meter charges
Division 6 - Transitional provisions for Water Amendment Act 2006
1140. Definitions for div 6
1141. (Repealed)
1142. Provision for particular existing licences
1143. (Repealed)
Division 7 - (Repealed)
Division 8 - (Repealed)
Division 9 - Transitional provisions for Water and Other Legislation Amendment Act 2007
1151. Applications for change to water allocation
1153. Application of provision about guidelines for rate notice or account for water supply
1154. Application of provision about water advices
1155. (Repealed)
Division 10 - (Repealed)
Division 11 - Transitional provisions for Water Supply (Safety and Reliability) Act 2008
1161. (Repealed)
1162. (Repealed)
1163. (Repealed)
1164. (Repealed)
1165. References to particular entities in relevant water resource plans
1166. (Repealed)
1167. (Repealed)
Division 12 - Transitional provisions for Water (Commonwealth Powers) Act 2008
1168. Existing draft resource operation plans
1169. Enactment of amendment of water resource plans does not affect nature of plan
Division 13 - Transitional provision for Sustainable Planning Act 2009
1170. Continuing application of ch 8, pt 2
Division 14 - Transitional provisions for Natural Resources and Other Legislation Amendment Act 2010
1171. Continuing application of s 21
1172. Transition for jurisdictional change for existing licence or permit
Division 15 - (Repealed)
Division 16 - Transitional provisions for Water and Other Legislation Amendment Act 2010
1179. Definition for div 16
1180. (Repealed)
1181. Existing agreements between petroleum tenure holders and bore owners
Division 17 - Transitional provisions for Water and Other Legislation Amendment Act 2011
1182. Definitions for div 17
1183. (Repealed)
1184. (Repealed)
1185. (Repealed)
1186. (Repealed)
1187. (Repealed)
1188. (Repealed)
1189. (Repealed)
1190. Stated amendments of water resource plan
1191. (Repealed)
1192. (Repealed)
1193. (Repealed)
1194. (Repealed)
1195. (Repealed)
1196. Stated amendments of resource operations plan
1197. Existing draft water resource plans, draft amending water resource plans and draft new water resource plans to replace existing water resource plans
1198. (Repealed)
1199. (Repealed)
1200. Continuation of provisions relating to replacement of expired licence under old s 229(3)
1201. Application of s 289(6)
1202. (Repealed)
1203. Existing process to amend Water Resource (Condamine and Balonne) Plan 2004
1204. (Repealed)
1205. (Repealed)
1206. (Repealed)
1207. Particular notices are taken to be chief executive’s or owners’ notices
1208. (Repealed)
Division 18 - (Repealed)
Division 19 - Transitional provisions for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012
Subdivision 1 - Preliminary
1210. Definitions for div 19
Subdivision 2 - Provisions relating to annual levies
1211. Transfer of funds into Groundwater Impact Assessment Fund
1212. Notices to pay levy
Subdivision 3 - Transfer of particular authorities to bulk water supply authority
1213. Definitions for sdiv 3
1214. Application of sdiv 3
1215. Transfer scheme
1216. Transfer notice
1217. Process after transfer notice
1218. Continuing authorities
1219. References in supply agreements to particular transferring entities
Subdivision 4 - Provisions for ending the water market
1220. Definitions for sdiv 4
1221. Existing grid contracts
1222. Existing customer contracts
1223. (Repealed)
1224. (Repealed)
1225. (Expired)
Subdivision 5 - Miscellaneous provisions
1226. Continuation of system operating plan
1227. Delayed application of ss 350–352
1228. (Repealed)
1229. (Repealed)
1230. (Repealed)
1231. Particular underground water impact reports taken to have been given by the office
1232. Expenditure Advisory Committee
1233. First manager of the office
1234. (Expired)
PART 6 - TRANSITIONAL AND VALIDATION PROVISIONS FOR LAND, WATER AND OTHER LEGISLATION AMENDMENT ACT 2013
Division 1 - Miscellaneous transitional and validation provisions
1235. Term of existing water licence
1236. Continuation of existing water resource plans
1237. Land and water management plans
1238. Changes affecting category 1 water authority boards
1239. Validation relating to Mount Isa Water Board
1240. Removal of particular records from registries
1241. (Repealed)
1242. References to section 20 of this Act
Division 2 - Transitional provisions about the destruction of vegetation in a watercourse, lake or spring
1243. Definitions for div 2
1244. Existing applications
1245. Existing permits
1246. Destruction of vegetation carried out under guidelines
Division 3 - Transitional provisions for existing levees
1247. Existing levees
1248. References to particular provisions of this Act
PART 7 - (Expired)
PART 8 - TRANSITIONAL AND SAVING PROVISIONS FOR WATER REFORM AND OTHER LEGISLATION AMENDMENT ACT 2014
Division 1 - Preliminary
1250. Definitions for pt 8
Division 2 - Associated water licences
Subdivision 1 - Preliminary
1250A. Application of division
1250B. Definitions for division
1250C. Associated water licence
Subdivision 2 - Obtaining associated water licences
1250D. Applying for an associated water licence
1250E. Criteria for deciding application
1250F. Deciding application
1250G. Contents and conditions of associated water licence
Subdivision 3 - Dealings with associated water licences
1250H. Dealings
1250I. Application for dealings
1250J. Application to renew, or reinstate expired, associated water licence
1250K. Additional information may be required for application for dealings
1250L. When dealing must be assessed as if it were for a new associated water licence
1250M. Recording other dealings
1250N. Actions chief executive may take in relation to associated water licences
1250O. Amendment of associated water licence after show cause process
1250P. Cancellation or surrender of associated water licence
Subdivision 4 - Other matters
1250Q. Application for water licence made but not decided before commencement
1250R. Compliance with underground water rights on granting of licence
1250S. Associated water licence taken to be water licence for particular provisions
1250T. Consideration when making decisions about associated water licence
1250U. Agreement between holder of mining tenure and water bore
Division 3 - Other transitional provisions
1251. Existing authorisations continue to have effect
1252. Limitations and prohibitions relating to water in force before commencement
1253. Continuation under the amended Act of notices or documents published by Minister or chief executive
1254. Request or notice by chief executive under unamended Act
1255. Submissions made to Minister under unamended Act
1256. Water resource plans taken to be water plans
1256A. Deciding application for water licence under section 113
1257. References to water resource plans taken to be references to water plans
1258. Notices given, or submissions made, to chief executive under unamended Act
1259. Stated provisions of a resource operations plan are taken to be, or are included in, or to be read and construed with, other documents
1259A. Reference in particular plans to unamended Act provision that has a corresponding provision
1260. Provisions of resource operations plan taken to be included in a resource operations licence
1261. Provisions of a resource operations plan taken to be an operations manual
1262. Provisions of resource operations plan taken to be included in a distribution operations licence
1263. Provisions of resource operations plan taken to be included in a water licence
1264. Provisions of resource operations plan taken to be included in a water plan
1265. Provisions of Burnett water resource plan taken to be included in operations manual or resource operations licence
1266. References to resource operations plans
1267. Request to water infrastructure operators to provide proposed arrangements for management of water
1268. Applications made but not decided before commencement
1269. Applications decided but not given effect before commencement
1270. Certificates or notices about water allocations continue under the amended Act
1271. Interim resource operations licences and interim water allocations
1272. Applications about a water licence under unamended Act if required notice has not been published
1273. Notices published about an application under unamended Act
1273A. Application for reinstatement or replacement of particular water licences that expired under old ss 221 or 229 as previously in force or under the repealed Act
1273B. Particular water licences taken to be in force from day of initial expiry
1274. Show cause process started before commencement
1275. Referral panels continued under amended Act
1276. (Repealed)
1277. Special provision for particular petroleum tenure holders
1278. Provision for old s 365 (Declaring cumulative management areas)
1279. Provision for existing agreements between mining tenure holders and bore owners
1280. Continuation of effect of ss 812A and 812B
1280A. When reporting and monitoring requirements prescribed both by regulation and water planning instrument
1280B. Content of underground water impact report
Division 4 - (Repealed)
PART 9 - VALIDATION PROVISIONS FOR WATER LEGISLATION AMENDMENT ACT 2016
1282. Validation of formation and actions of Lower Herbert Water Management Authority
1283. Validation of taking of, or interfering with, underground water by holders of particular mineral development licences and mining leases
PART 10 - TRANSITIONAL PROVISION FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016
1284. Existing development applications
PART 11 - TRANSITIONAL PROVISIONS FOR MINERAL, WATER AND OTHER LEGISLATION AMENDMENT ACT 2018
1285. Unfinished process provided by water plan for release of particular unallocated water
1286. Amending water plan to remove process for release of particular unallocated water
1286A. Application of requirement for water plan to state desired cultural outcomes
1287. Application of particular matters Minister must consider in making draft water plan
1288. Amendment of existing distribution operations licence or resource operations licence by agreement
1289. References to SEQ Water
1290. Election notice
PART 12 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2019
Division 1 - Provision relating to water licences
1291. Continued effect of former s 213A
Division 2 - Provisions relating to boards of water authorities
1292. Definitions for division
1293. Number of directors comprising boards of water authorities
1294. Directors for water authorities
1295. Chairpersons of boards of water authorities
1296. Continuation of holding of office of particular directors
1297. Removal of director for category 2 water authority by Minister even if appointed by Governor in Council
1298. Vacancy in office if director nominated by local government
1299. Nomination or election of directors for water authority
1300. Notice in gazette of proposed change in composition of board of water authority
PART 13 - TRANSITIONAL PROVISION FOR QUEENSLAND FUTURE FUND (TITLES REGISTRY) ACT 2021
1301. Approved forms continue
PART 14 - TRANSITIONAL AND VALIDATION PROVISIONS FOR WATER LEGISLATION AMENDMENT ACT 2023
Division 1 - Transitional provisions
1302. Definitions for division
1303. Continued application of former s 112 to particular applications for water licences and dealings with water licences
1304. Application of new s 113 to particular applications for water licences and dealings with water licences
1305. Application of new s 130 to particular applications for dealings with water licences
1306. Modified application of s 1250D
1307. Modified application of s 1250L
1308. Application of s 1250L to particular applications for dealings with associated water licences
1309. Modified application of s 1293
Division 2 - Validation provisions
1310. Validation of postponement of expiry of particular water resource plans
Schedule 1 (Repealed)
SCHEDULE 4
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