Queensland Consolidated Regulations

WATER REGULATION 2016

- Made under the Water Act 2000
- As at 22 July 2024
- Reg 216 of 2016

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement
   3.      Definitions

           Division 2 - Watercourse identification and outer bank location

              Subdivision 1 - Preliminary

   4.      Purpose of division
   5.      Meaning of terms used in division

              Subdivision 2 - Supporting provisions

   6.      Diagram depicting different valley reaches
   7.      Explanations and accompanying cross-section diagrams for typical upper valley reach
   8.      Explanations and accompanying cross-section diagrams for typical middle valley reach
   9.      Explanations and accompanying cross-section diagrams for typical lower valley reach
   10.     Additional information about applicability of cross-section diagrams
   11.     Explanation about valley margins
   12.     Explanation about terraces

   PART 2 - WATER RIGHTS AND PLANNING

           Division 1 - Collecting information about water

   13.     Notice of works and water use—Act, s 36

           Division 2 - Unallocated water

              Subdivision 1 - Reserving unallocated water

   14.     Particular unallocated water reserved—Act, s 39
   15.     Public consultation

              Subdivision 2 - Processes for releasing unallocated water

   16.     Public auction, tender, fixed price sale or grant for a particular purpose—Act, ss 39 and 40
   17.     Public notice of availability of water
   18.     Terms of sale or grant
   19.     Failure to complete purchase
   20.     (Repealed)
   21.     Sale of water may be withdrawn

           Division 3 - Minister’s reports on water plans

   22.     Minister’s reports on water plans—Act, s 49

   PART 3 - STATUTORY AUTHORISATIONS TO TAKE OR INTERFERE WITH WATER

           Division 1 - Constructing authorities

   23.     Prescribed purpose for which constructing authority may take water—Act, s 99
   24.     Prescribed conditions on taking water by constructing authority—Act, s 99

           Division 2 - Authorised taking of, or interference with, water without water entitlement

   25.     Prescribed activities—Act, s 101

   PART 4 - MATTERS RELATING TO WATER LICENCES

           Division 1 - Preliminary

   26.     Prescribed entities—Act, s 104, definition prescribed entity

           Division 2 - Water sharing rules

   27.      Water sharing rules—Act, schedule 4, definition water sharing rules
   28.     Nominal entitlement
   29.     Announced entitlement
   30.     Annual entitlement

           Division 3 - Relocation of water licences

   31.     (Repealed)
   32.     Purpose of division
   33.     Definitions for division
   34.     Application to relocate water licences
   35.     Criteria for deciding application
   36.     Deciding application
   37.     Intention to proceed
   38.     Completion of relocation

           Division 4 - Seasonal water assignments and rules—Act, section 127
           39. Seasonal water assignments and rules—Act, s 127

           Division 5 - Effects of land dealings or acquisition of land on water licences

              Subdivision 1 - Effects of land dealings on water licences

   40.     Effect of licensee ceasing to be an owner of land
   41.     Effect of disposal of part of land to which water licence to take water attaches
   42.     Effect of disposal of part of land to which water licence to interfere with water attaches

              Subdivision 2 - Effects of acquisition or disposal of land on water licences

   43.     Effect of acquisition or disposal of part of land

   PART 5 - WATER ALLOCATIONS

           Division 1 - Criteria for establishing elements of particular proposed water allocations

              Subdivision 1 - Criteria

   44.     Criteria and application of criteria—Act, s 39

              Subdivision 2 - Establishing nominal volumes

   45.     Nominal volume based on nominal entitlement
   46.     Nominal volume based on assessment of water taken under existing authorisation

              Subdivision 3 - Establishing volumetric limits

   47.     Volumetric limit based on limit stated on existing authorisation
   48.     Volumetric limit based on area stated on existing authorisation
   49.     Volumetric limit if no limit is stated on existing authorisation
   50.     Maximum rate for water allocation based on rate stated on existing authorisation
   51.     Maximum rate for water allocation based on related development permit
   52.     Maximum rate for water allocation based on other considerations
   53.     Daily volumetric limit for water allocation based on rate stated on existing authorisation
   54.     Daily volumetric limit for water allocation based on related development permit
   55.     Daily volumetric limit for water allocation based on other considerations

              Subdivision 4 - Establishing conditions of water allocation

   56.     Conditions for taking water

           Division 2 - Seasonal water assignments

              Subdivision 1 - Seasonal water assignments for water allocations not managed under resource operations licence

   57.     Application of subdivision
   58.     Applying for a seasonal water assignment
   59.     Deciding application
   60.     Conditions of seasonal water assignment notice

              Subdivision 2 - Seasonal water assignments for water allocations managed under resource operations licence

   61.     Arrangement for seasonal water assignment

           Division 3 - Water allocation dealing rules applying to the whole of the State

              Subdivision 1 - Purpose and application of division

   62.     Purpose and application of division—Act, s 158

              Subdivision 2 - Process for applying for and deciding particular water allocation dealings

   63.     How application must be made
   64.     Public notice of application for water allocation dealing
   65.     Additional information may be required
   66.     Applicant to pay reasonable cost of investigating application
   67.     Deciding application
   68.     Chief executive to give notice of decision

              Subdivision 3 - Permitted water allocation dealings

   69.     Permitted amalgamation of water allocations
   70.     Permitted subdivision of a water allocation

              Subdivision 4 - Assessed water allocation dealings

   71.     Main purpose of this subdivision
   72.     Particular water allocation dealings to be assessed and notice of application published
   73.     Criteria for assessing particular dealings

           Division 4 - Registering water allocations and interests and dealings for water allocations

   74.     Prescribed registration details for water allocations—Act, s 152
   75.     (Repealed)
   76.     (Repealed)

   PART 6 - WATER SUPPLY AND DEMAND MANAGEMENT

           Division 1 - Desired level of service objectives and water security program

              Subdivision 1 - Definitions for division

   77.     Definitions for division

              Subdivision 2 - Desired level of service objectives

   78.     Desired level of service objectives—Act, s 344
   79.     Projected regional average urban demand for SEQ region
   80.     Bulk water drought supply
   81.     Minimum operating levels and essential minimum supply volume

              Subdivision 3 - Water security program

   82.     Content of water security program—Act, s 353

           Division 2 - Water supply arrangements for SEQ region

   83.     Declaration of bulk water customers—Act, s 360C, definition bulk water customer
   83A.    Declaration of SEQ bulk suppliers—Act, s 360C, definition SEQ bulk supplier

   PART 7 - ANNUAL LEVY FOR UNDERGROUND WATER MANAGEMENT—ACT, SECTION 479

           Division 1 - Preliminary

   84.     Purpose of part
   85.     Definitions for part
   86.     Office’s estimated costs
   87.     Relevant sub-blocks for petroleum tenures and classes of relevant sub-blocks
   87A.    Classes of levyable mining tenures

           Division 2 - Working out annual levy

              Subdivision 1 - Total annual levy and office’s estimated costs

   88.     Amount of total annual levy
   88A.    Apportionment between office’s estimated petroleum costs and office’s estimated mining costs

              Subdivision 2 - Apportionment of annual levy for petroleum tenure holders

   89.     Apportionment of office’s estimated petroleum costs to each relevant sub-block
   90.     Apportionment of annual levy among petroleum tenure holders

              Subdivision 3 - Apportionment of annual levy for mining tenure holders

   90A.    Apportionment of office’s estimated mining costs
   90B.    Apportionment of annual levy among mining tenure holders

           Division 3 - Collecting annual levy

   91.     Requirements for notice of annual levy
   92.     Payment of annual levy

   PART 8 - WATER AUTHORITIES

           Division 1 - Continuation

   93.     Continuation of water authorities established under establishment regulation
   94.     Continuation of amalgamated water authorities

           Division 2 - Dissolution

   94A.    Dissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691
   94B.    Old entity document—Act, s 691A

   PART 9 - INVESTIGATIONS, ENFORCEMENT AND OFFENCES

   95.     Authorised taking of water—Act, s 808
   96.     Destroying vegetation, excavating or placing fill in a watercourse, lake or spring—Act, s 814
   97.     Requirements for decommissioning a water bore—Act, s 817

   PART 10 - RELATIONSHIP WITH PLANNING ACT

           Division 1 - Works for taking or interfering with water
           Note—

   98.     Works that are or are not assessable development—Act, s 39
   99.     Requirements for accepted development for operational work for taking water—Act, s 1014

           Division 2 - Levees

   100.    Prescribed volume of material for fill—Act, sch 4, definition levee
   101.    Construction of new levees and modification of existing levees
   101A.   Requirements for accepted development for category 1 levees—Act, s 1014
   102.    Assessment benchmarks for particular levees—Act, s 967

   PART 11 - MEASUREMENT REQUIREMENTS FOR TAKING WATER

           Division 1 - General

   103.    Definitions for part
   104.    Duly qualified persons—Act, s 217B
   105.    When a measurement device is faulty—Act, s 217B

           Division 2 - Measurement requirements for using measurement devices

              Subdivision 1 - Preliminary

   106.    Purpose of division
   107.    Relevant authorisations

              Subdivision 2 - General requirements

   108.    Attaching and maintaining measurement device
   109.    Taking water under relevant authorisation
   109A.   (Repealed)
   110.    Ongoing certification requirements
   110AA.  (Repealed)
   110A.   (Repealed)
   111.    Information about water taken

              Subdivision 3 - Alternative requirements

   112.    Purpose of subdivision
   112A.   (Repealed)
   113.    Alternative measurement requirements

              Subdivision 4 - Contravention of particular requirements

   114.    Offence to contravene requirement to give particular information

           Division 3 - Validation of meters

   115.    Application of division
   116.    When holder of relevant authorisation is taken to be aware or suspect measurement device is faulty
   117.    Notifying and rectifying faults
   118.    Chief executive may give notice of suspected faulty measurement device

           Division 4 - Record keeping

   119.    Application of division
   120.    Requirement to keep copies of records
   121.    Requirement to give copies of records

           Division 5 - Duly qualified persons

              Subdivision 1 - Appointment of duly qualified persons

   121A.   Appointment of duly qualified person

              Subdivision 2 - Performance of functions

   121B.   Inspection by duly qualified person
   121C.   Chief executive may require further inspection

              Subdivision 3 - Action for improper conduct

   121D.   Application of subdivision
   121E.   Action chief executive may take
   121F.   Process for cancelling appointment

           Division 6 - (Repealed)

           Division 7 - (Repealed)

   PART 12 - WATER BORE DRILLERS

   122.    Classes of licence—Act, s 981
   123.    Water bore driller’s licence endorsements—Act, s 981
   124.    Qualifications or experience for class 1 licence—Act, s 981
   125.    Qualifications or experience for class 2 licence—Act, s 981
   126.    Qualifications or experience for class 3 licence—Act, s 981
   127.    Conditions of water bore driller’s licence—Act, s 983A
   128.    Records of water bores drilled—Act, s 983L

   PART 13 - DECLARATIONS ABOUT WATERCOURSES

   129.    Water declared to be water in a watercourse—Act, s 1006

   PART 14 - FEES, CHARGES ETC.

           Division 1 - Fees

              Subdivision 1 - General provisions

   130.    Fees

              Subdivision 2 - Water licence fees

   131.    Water licence fee

              Subdivision 3 - Fees for continuing interim water allocations

   132.    Fees for continuing interim water allocations

           Division 2 - Charges for water allocated, supplied or taken

   133.    Charges for water allocated, supplied or taken
   134.    Notice for payment of charges

           Division 3 - Royalty for State quarry material

   135.    Royalty for State quarry material—Act, s 240

           Division 4 - Drainage rates

   136.    Drainage rates—Act, s 993

   PART 15 - MISCELLANEOUS PROVISIONS

           Division 1 - Water management areas

   137.    Water management areas
   138.    Changing boundaries of water management areas

           Division 2 - Underground water areas

   139.    Declared underground water areas—Act, s 1046
   140.    Critical distances for non-stock or domestic water bores in particular underground water areas

           Division 3 - Former water areas

   141.    Continuing former water areas—Act, s 1083

           Division 4 - Other matters

   141A.   Prescribed ADR institutes—Act, s 426
   141B.   Arbitration election notice—Act, s 433A
   141C.   Prescribed arbitration institutes—Act, s 433A
   142.    Accounting period—Act, sch 4, definition water year

   PART 16 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal provision

   143.    Repeal

           Division 2 - Transitional provisions for SL No. 216 of 2016

   144.    Declared water management areas
   145.    References to repealed regulation

           Division 3 - Transitional provisions for Mineral Resources and Other Legislation Amendment Regulation 2019

   146.    References to transfers, amendments or amalgamations
   147.    Non-compliance with revalidation of meter before commencement

           Division 4 - Transitional provisions for Water Amendment Regulation 2022

   148.    Application of new s 59 to existing applications for seasonal water assignments for particular water allocations
   149.    Continued application of former ss 99 and 101A to particular operational work

           Division 5 - Transitional provisions for Water and Other Legislation Amendment Regulation 2024

              Subdivision 1 - Preliminary

   150.    Definitions for division

              Subdivision 2 - General arrangements

   151.    Approved meters
   152.    Approved telemetry devices
   153.    Application of measurement requirements requiring measurement device from stated day

              Subdivision 3 - Arrangements relating to faulty meters

   154.    Faulty meters
   155.    Requirement if holder of relevant authorisation aware of faulty meter

              Subdivision 4 - Arrangements for validation inspections not started or finalised

   156.    Starting validation inspection on approved meter in particular circumstances
   157.    Starting validation inspection if meter notice given before commencement
   158.    Finalising validation inspection started before commencement
   159.    Further validation inspection may be started
   160.    Status of particular meters if section 159 applies

              Subdivision 5 - Outcome of validation inspections

   161.    Effect of notice of noncompliance on approved meters
   162.    Effect of validation certificate on approved meters
   163.    Effect of validation certificate on other meters

              Subdivision 6 - Chief executive powers

   164.    Chief executive may require new certification
   165.    Meter reading required by chief executive under former section 113 not yet complied with

              Subdivision 7 - Charges

   166.    Meter operating charge
   167.    Meter use charge
   168.    Metering exit charge
   169.    Unpaid charges

              Subdivision 8 - Miscellaneous

   170.    Continued appointment of authorised meter validators
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           SCHEDULE 11
           SCHEDULE 11A
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