Queensland Consolidated Regulations

WATER REGULATION 2016 - REG 59

59 Deciding application

(1) If the application is consistent with the seasonal water assignment rules (the
"relevant rules" ) stated in a water management protocol applying to the relevant water plan area, the chief executive must approve the application, with or without conditions.

(2) If the application is inconsistent with the relevant rules, the chief executive must refuse the application.

(3) As soon as practicable after deciding the application, the chief executive must—

(a) give the applicant notice of the decision; and

(b) if the application is approved—give the proposed assignee a seasonal water assignment notice.

(4) The notice mentioned in subsection (3) (a) must be an information notice if, having regard to the information in the application, the chief executive could have made a different decision consistent with the relevant rules.

(5) The notice mentioned in subsection (3) (a) must include the reasons for the decision if—

(a) subsection (4) does not apply; and

(b) the decision is to—

(i) refuse the application; or

(ii) approve the application—

(A) with a condition not requested in the application; or

(B) if the application requested a particular condition—without the condition.

(6) To the extent the application is approved, the applicant is not authorised to take water that is the subject of the seasonal water assignment.

(7) Subsection (8) applies if—

(a) the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment; and

(b) a water management protocol, other than a protocol that contains a multi-year accounting rule for the allocation, allows the seasonal water assignment.

(8) The seasonal water assignment notice applying to the allocation increases the volume of water that may be taken under the allocation by the volume stated in the notice for the period stated in the notice.

(9) The assignment has effect from the day stated in the seasonal water assignment notice mentioned in subsection (3) (b) .

(10) In this section—

"multi-year accounting rule" , for a water allocation, means a water sharing rule used to work out the volume of water that may be taken under the allocation, during a particular water year, having regard to the volume of water that was or may be taken under the allocation during other water years.