Queensland Numbered Acts

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WATER AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 40 - SECT 13

13 Replacement of ss 39 and 40

Sections 39 and 40—

omit, insert—

'(1) This subdivision applies if a proposed draft water resource plan is intended to apply to a part of Queensland for which there is no water resource plan.

'(2) This subdivision also applies if the Minister considers that public consultation, as well as that under section 49, is required before preparing a proposed draft water resource plan because—

(a) the proposed draft water resource plan is likely to significantly change arrangements for the allocation, and sustainable management, of water in the proposed plan area; or
(b) the terms of the proposed draft water resource plan are likely to be significantly different from the terms of water resource plans applying to other parts of Queensland; or
(c) the Minister needs further information about community views and expectations about water allocation and sustainable management issues in the proposed plan area.

'(1) The Minister must prepare a statement of proposals for the proposed draft water resource plan—

(a) including a map of the proposed plan area; and
(b) stating the following—
(i) the water in the proposed plan area to which the proposed draft water resource plan is intended to apply;
(ii) water allocation and sustainable management issues in the proposed plan area, and proposed strategies for dealing with the issues;
(iii) proposed arrangements for assessment using best scientific information available and relevant to the preparation of a draft water resource plan for the proposed plan area;
(iv) proposed arrangements for implementing the proposed draft water resource plan;
(v) proposed arrangements for consultation in the proposed plan area.
Note—
Under section 1009 the chief executive must keep the statement of proposals available for inspection and purchase.

'(2) The Minister must give the chief executive a copy of the statement of proposals.

'(3) As soon as practicable after receiving the statement of proposals, the chief executive must explain, by letter or public meetings, the implications of the statement of proposals to as many affected water entitlement holders as possible.

'(1) Before preparing the draft water resource plan, the Minister must, after preparing the statement of proposals required under section 39, publish a notice stating—

(a) the Minister's intention to prepare a draft water resource plan for the proposed plan area; and
(b) that the statement of proposals is available for inspection and purchase.

'(2) The notice must also state the following—

(a) the purpose and reasons for which the draft plan is being prepared;
(b) the proposed plan area;
(c) the water in the proposed plan area to which the draft plan is intended to apply;
(d) where copies of the statement of proposals are available for inspection and purchase;
(e) that written submissions may be made by any entity about the statement of proposals;
(f) a day (the closing day) by which the submissions can be made, and the person to whom, and the place where, they must be made.

'(3) The closing day can not be earlier than 30 business days after the day the notice is published.

'(4) The Minister must give a copy of the notice to each local government whose local government area includes all or part of the proposed plan area.

'(5) A local government receiving a copy of the notice must make it available for inspection by the public.

'(6) The Minister may give a copy of the notice to any other entity the Minister considers appropriate.



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