Queensland Consolidated Regulations

WATER PLAN (BURNETT BASIN) 2014 - REG 118

118 Interference with groundwater by particular excavations

(1) This section applies to an application, made under section 206 of the Act , for a water licence to interfere with groundwater in the Coastal Burnett groundwater management area if the interference is by an excavation mentioned in section 117 .

(2) In deciding the application, the chief executive must consider the following—

(a) the area by which the excavation will expose the watertable;

(b) any groundwater losses as a result of the excavation exposing the watertable;

(c) the effect of granting the application on—

(i) the availability of groundwater for existing holders of water entitlements in the groundwater management area; and

(ii) the integrity of the aquifer; and

(iii) groundwater-dependent ecosystems; and

(iv) seawater intrusion.

(3) If the chief executive decides to grant the water licence, the chief executive must—

(a) decide a volume of water as the estimated loss of groundwater by evaporation resulting from the interference; and

(b) impose a condition on the water licence—

(i) requiring the holder of the water licence to hold—

(A) a water allocation with a nominal volume of at least the volume of water decided under paragraph (a); or

(B) a water licence to take water with a nominal entitlement of at least the volume of water decided under paragraph (a); and

(ii) stopping the holder from taking the volume of water decided under paragraph (a) under the water allocation or water licence mentioned in subparagraph (i).

(4) In deciding a volume of water under subsection (3) (a) , the chief executive must have regard to—

(a) the area by which the excavation will expose the watertable; and

(b) information provided by the applicant about the estimated loss of groundwater by evaporation resulting from the interference; and

(c) historical data on the loss of water by evaporation for the groundwater management area.

(5) Subsections (2) and (4) do not limit the matters the chief executive may consider.