Queensland Numbered Acts

DISASTER READINESS AMENDMENT ACT 2011 No. 33 - SECT 30

Chapter 2, part 2—

insert—

'(1) This division applies in relation to a dam if—

(a) a resource operations licence has been granted in accordance with a resource operations plan, authorising the holder of the licence to interfere with the flow of water to the extent necessary to operate the dam; and

(b) a flood mitigation manual has been approved for the dam under the Water Supply Act, chapter 4, part 2.

'(2) A dam mentioned in subsection (1) is a relevant dam.

'(3) The holder of the resource operations licence mentioned in subsection (1)(a) is the operator of the dam.

'(1) This section applies if the Minister considers the declaration of a new full supply level (a temporary full supply level) for a relevant dam may mitigate the impacts of a potential flood or drought.

'(2) In considering whether a temporary full supply level may mitigate the impacts of a potential flood or drought, the Minister may have regard to any matter the Minister considers appropriate, including, for example—

(a) meteorological forecasts; and

(b) the public interest.

'(3) The Minister must ask the chief executive to require the operator of the dam to provide information about how a proposed temporary full supply level may impact—

(a) the safety of the dam; and

(b) how the dam operates.

'(4) The chief executive must comply with the Minister's request by requiring the operator, by notice, to give the information to the chief executive.

'(5) The notice must—

(a) state a reasonable period by which the information must be given; and

(b) include a warning that it is an offence to fail to comply with the notice unless the operator has a reasonable excuse.

'(6) The operator must comply with the notice unless the operator has a reasonable excuse.

Maximum penalty—200 penalty units.

'(7) The chief executive must provide a copy of the information given by the operator under this section to the commission.

'(1) Before making a recommendation under section 34 about declaring a proposed temporary full supply level for a relevant dam, the chief executive must consult the entities mentioned in subsection (2) about—

(a) the extent to which the proposed temporary full supply level is likely to mitigate the impacts of a potential flood or drought; and

(b) the impacts of the proposed temporary full supply level on water security.

'(2) For subsection (1), the entities are—

(a) if the dam is in the SEQ region or a designated region—the commission; or

(b) otherwise—

(i) the operator of the dam; and

(ii) any other entity responsible for operating the dam.

'(3) In giving advice to the chief executive for a dam mentioned in subsection (2)(a), the commission must consult with the following—

(a) for a dam in the SEQ region—

(i) in relation to a matter mentioned in subsection (1)(a)—Seqwater under the South-East Queensland Water (Restructuring) Act 2007; and

(ii) in relation to a matter mentioned in subsection (1)(b)—the water grid manager;

(b) for a dam in a designated region—

(i) the operator of the dam; and

(ii) any other entity responsible for operating the dam.

'(1) As soon as practicable after sections 32 and 33 have been complied with, the chief executive must advise the Minister about whether declaring a temporary full supply level for a relevant dam is likely to mitigate the impacts of a potential flood or drought.

'(2) In giving the advice, the chief executive must have regard to the following—

(a) information given by the operator to the chief executive under section 32;

(b) the extent to which the proposed temporary full supply level is likely to mitigate the impacts of a potential flood or drought;

(c) the impacts of the proposed temporary full supply level on water security;

(d) whether the proposed temporary full supply level will affect the safety of the dam;

(e) generally, any other positive or negative impacts the proposed full supply level may have;

Examples of impacts—

impacts on public safety

environmental, social and economic impacts downstream of the dam

(f) another matter the chief executive considers appropriate.

'(3) The advice must include—

(a) details of the matters the chief executive has considered in giving the advice under subsection (2); and

(b) a recommendation about whether a temporary full supply level should be declared; and

(c) if the advice recommends declaring a temporary full supply level—the likely implications of the declaration on water security and the safety of the dam.

'(1) On receiving advice from the chief executive under section 34, the Minister may, by gazette notice, declare a temporary full supply level for the relevant dam the subject of the advice.

'(2) In deciding whether to declare a temporary full supply level, the Minister must have regard to—

(a) the advice given by the chief executive under section 34; and

(b) the public interest.

'(3) The temporary full supply level—

(a) takes effect on a day stated in the declaration; and

(b) ceases to have effect—

(i) the day that is 6 months after the declaration is made, or an earlier day stated in the declaration; or

(ii) if the declaration is revoked before the day the declaration would have ceased to have effect under subparagraph (i)—on the day the declaration is revoked.

'(4) The Minister may declare a temporary full supply level under this division more than once for a particular dam.

'If a temporary full supply level for a relevant dam has been declared and is in force, a reference in the resource operations plan to the full supply level for the dam is taken to be a reference to the temporary full supply level.

'(1) This section applies to the operator of a relevant dam if—

(a) a temporary full supply level is declared for the dam; and

(b) because of the temporary full supply level, the operator will be unable to comply with a requirement of the resource operations plan under which the dam operates; and

(c) the resource operations plan states a process for submitting a program (an interim program) to the chief executive for approval about how the requirements of the plan will be met when the operator is unable to comply with the plan because of an emergency or other incident.

'(2) The operator must give the chief executive a proposed interim program under the resource operations plan within 10 business days after the temporary full supply level is declared.

'(3) The proposed interim program must—

(a) relate to the period for which the declaration is in force; and

(b) comply with any other requirements under the resource operations plan for submitting an interim program.

'(1) This section applies if a temporary full supply level declared for a relevant dam exceeds the full supply level stated in the resource operations plan for the dam.

'(2) The chief executive must review any requirements about safety (the safety requirements) applying to the dam under—

(a) safety conditions applied under the Water Supply Act, chapter 4, part 1, division 3; or

(b) the flood mitigation manual prepared for the dam under the Water Supply Act, chapter 4, part 2.

'(3) The review must be conducted within—

(a) 1 month after the full supply level is declared; or

(b) if the Minister requests a shorter period in writing—the shorter period.

'(4) If the chief executive considers an amendment of the safety requirements is necessary having regard to the temporary full supply level, the chief executive must arrange for the amendment to be made—

(a) for safety conditions—under the Water Supply Act, section 356; or

(b) for a flood mitigation manual—under the Water Supply Act, section 372.

'No compensation is payable to any person because of the operation of this division.'.