Queensland Consolidated Regulations

WATER PLAN (BORDER RIVERS AND MOONIE) 2019 - REG 75

75 Conditions for taking water

(1) In deciding the conditions on which water may be taken under the converted water allocation, the chief executive must have regard to—

(a) the terms or conditions stated in the existing authorisation; and

(b) if there were water sharing rules for the existing authorisation—the water sharing rules.

(2) Subject to subsection (3) , a Stanthorpe allocation must include the following conditions—

(a) if the existing authorisation stated a limit for taking water—a condition that water taken under the Stanthorpe allocation must not be stored;

(b) otherwise—

(i) a condition that water must not be taken under the Stanthorpe allocation unless a flow in the watercourse, lake or spring is visible; and

(ii) a condition that the accounting period for the Stanthorpe allocation is ‘multiyear’.

(3) If subsection (2) (a) does not apply and the chief executive is reasonably satisfied the conditions mentioned in subsection (2) (b) should not be required for the Stanthorpe allocation, the Stanthorpe allocation must include the following conditions—

(a) a condition that water taken under the Stanthorpe allocation must not be stored;

(b) if the existing authorisation was subject to a condition limiting the taking of water from the impoundment for the existing authorisation—the same condition, modified as necessary;

(c) otherwise—a condition ensuring water is only taken under the Stanthorpe allocation if the water level in the impoundment for the Stanthorpe allocation is above the minimum level for the impoundment.

(4) Subsection (5) applies to an Upper Weir allocation if—

(a) water taken under the existing authorisation could have been stored using works capable of being used to take overland flow water; and

(b) no water licence authorises the taking of overland flow water using the works.

(5) The Upper Weir allocation must include a condition that prohibits an increase in the volume of overland flow water taken using the works.

(6) In this section—

"impoundment" means an impoundment authorised under—

(a) for an existing authorisation mentioned in section 51 (1) (b) or a Stanthorpe allocation converted from an existing authorisation mentioned in section 51 (1) (b) —the licence to interfere mentioned in schedule 1 , column 1 for the existing authorisation; or

(b) for water licence number 42967T or a Stanthorpe allocation converted from that water licence—water licence number 46090T.

"licence to interfere" means a licence to interfere mentioned in section 51 (1) (a) .

"minimum level" , for an impoundment, means 0.3m below full supply level of the impoundment.