Queensland Numbered Acts Queensland Numbered ActsAfter section 1181—
insert—
'In this division—
amending Act means the Water and Other Legislation Amendment Act 2011.
commencement means the commencement of the provision in which the term is used.
old, for a provision of this Act, means the provision as in force immediately before the commencement.
'An information report, for a proposed draft water resource plan, prepared by the Minister under old section 39 is taken to be a statement of proposals under section 39 for the proposed draft water resource plan.
'A notice published under old section 40 for a proposed draft water resource plan is taken to be a notice under section 40(1) for the proposed draft water resource plan.
'A written submission, about a proposed draft water resource plan and the establishment of a community reference panel, made before or after the commencement for a notice under old section 40 is taken to be a written submission under section 40(2)(e) about the statement of proposals for the proposed draft water resource plan.
'(1) This section applies if—
(a) immediately before the commencement, a community reference panel was established under repealed section 41 for a proposed draft water resource plan; and
(b) the Minister has not prepared the draft water resource plan.
'(2) The panel continues in existence until the Minister has prepared the draft water resource plan, unless the Minister sooner publishes a notice under section 52 about the Minister's decision not to proceed with the preparation of a draft or final draft water resource plan for the proposed draft water resource plan.
'(3) In preparing the draft water resource plan, the Minister must consider the advice from the panel.
'An overview report about a draft water resource plan prepared under old section 48 is taken to be an overview report prepared under section 48.
'A notice published under old section 49 about the availability of a draft water resource plan is taken to be a notice published under section 49 about the availability of—
(a) the draft plan; and
(b) an overview report prepared under section 48.
'A written submission, about a draft water resource plan, made before or after the commencement for a notice under old section 49 is taken to be a written submission under section 49(2)(b) about the draft water resource plan.
'(1) Subsection (2) applies if a water resource plan states that an amendment of a stated type may be made to the plan by amendment under section 57 and the statement was in the plan immediately before the commencement.
'(2) Old section 57(b) continues to apply to the amendment as if the amending Act had not been enacted.
'A written submission, about a proposed draft resource operations plan, made before or after the commencement for a notice under old section 96 must be considered by the chief executive in developing the proposed draft resource operations plan.
'(1) This section applies if, before the commencement, the chief executive gave a notice under old section 97.
'(2) The notice is taken to be a notice under section 97.
'(1) This section applies if, before the commencement, the holder of an interim resource operations licence, a resource operations licence or other authorisation to operate water infrastructure for the management of water to which a proposed water resource operations plan is intended to apply provided proposed arrangements for the management of the water under old section 97.
'(2) The proposed arrangements are taken to be proposed arrangements, provided under section 97, for the management of the water.
'(1) A notice published under old section 100 about the availability of a draft resource operations plan is taken to be a notice published under section 100 about the availability of the draft resource operations plan.
'(2) If a notice is published under old section 100 about the availability of a draft resource operations plan, an overview report under section 99A about the draft resource operations plan is not required.
'A written submission, about a draft resource operations plan, made before or after the commencement for a notice under old section 100 is taken to be a written submission under section 100(4)(b) about the draft resource operations plan.
'(1) Subsection (2) applies if a resource operations plan states that an amendment of a stated type may be made to the plan by amendment under section 106 and the statement was in the plan immediately before the commencement.
'(2) Old section 106(b) continues to apply to the amendment as if the amending Act had not been enacted.
'(1) A draft water resource plan in existence under this Act immediately before the commencement continues to be a draft water resource plan for this Act.
'(2) A draft amending water resource plan in existence under this Act immediately before the commencement continues to be a draft amending water resource plan for this Act.
'(3) A draft new water resource plan, to replace an existing water resource plan, in existence under this Act immediately before the commencement continues to be a draft new water resource plan, to replace the existing water resource plan, for this Act.
'(1) A draft resource operations plan in existence under this Act immediately before the commencement continues to be a draft resource operations plan for this Act.
'(2) A draft amending resource operations plan in existence under this Act immediately before the commencement continues to be a draft amending water resource plan for this Act.
'A final water resource plan in existence under this Act immediately before the commencement, other than a final water resource plan mentioned in old section 50(3), is taken to be a final draft water resource plan for this Act.
'(1) Subsection (2) applies if, before the commencement—
(a) a water licence expired under old section 229(2); and
(b) no application has been made under old section 229(3) for 1 or more licences to replace the expired licence.
'(2) Old section 229(3) to (9) continue to apply in relation to the expired licence as if the amending Act had not been enacted.
'(3) Subsection (4) applies if—
(a) before the commencement, 1 or more owners of land applied under old section 229(3) for 1 or more licences to replace an expired licence; and
(b) the application has not been decided before the commencement.
'(4) Old section 229(5) to (9) continue to apply in relation to the application as if the amending Act had not been enacted.
'Section 289(6) applies only to an allocation notice that is renewed after the commencement.
'(1) Despite section 96, the chief executive need not prepare a resource operations plan, to implement the proposed new water resource plan, concurrently with the Minister's preparation of the draft water resource plan.
'(2) If the chief executive does not prepare a resource operations plan, to implement the proposed new water resource plan, before the new water resource plan commences, the chief executive must prepare a resource operations plan, to implement the new water resource plan, as soon as practical after the new water resource plan commences.
'(3) Section 100(3) does not apply to—
(a) the draft new water resource plan (if any); or
(b) the proposed draft amending resource operations plan (if any) to implement the proposed new water resource plan.
'(4) Section 104B does not apply to—
(a) the final draft water resource plan (if any); or
(b) the final draft amending resource operations plan (if any) to implement the proposed new water resource plan.
'(5) In this section—
proposed new water resource plan means the proposed new water resource plan under the notice of intention to prepare a draft new water resource plan to replace the Water Resource (Burnett Basin) Plan 2000 published by the Minister under old section 40 on 18 January 2010.
Editor's note—
The notice may be viewed at.
'(1) Despite section 96, the chief executive need not prepare a resource operations plan, to implement the proposed amending water resource plan, concurrently with the Minister's preparation of the draft water resource plan.
'(2) If the chief executive does not prepare a resource operations plan, to implement the proposed amending water resource plan, before the water resource plan commences—
(a) the chief executive must prepare a resource operations plan, to implement the amending water resource plan, as soon as practical after the amending water resource plan commences; and
(b) after the amending water resource plan commences and until the resource operations plan implementing it commences, the Condamine and Balonne Resource Operations Plan 2008 (existing ROP) is taken to be the resource operations plan for the amending water resource plan.
'(3) However, to the extent of any inconsistency between the amending water resource plan and the existing ROP, the existing ROP prevails, unless the amending water resource plan expressly provides otherwise.
'(4) Section 100(3) does not apply to—
(a) the draft amending water resource plan (if any); or
(b) the proposed draft amending resource operations plan (if any) to implement the proposed amending water resource plan.
'(5) Section 104B does not apply to—
(a) the final draft amending water resource plan (if any); or
(b) the final draft amending resource operations plan (if any) to implement the proposed amending water resource plan.
'(6) In this section—
proposed amending water resource plan means the proposed amending water resource plan under the notice of intention to prepare a draft water resource plan to amend the Water Resource (Condamine and Balonne) Plan 2004 published by the Minister under old section 40 on 14 August 2009.
Editor's note—
The notice may be viewed at.
'(1) To remove any doubt, it is declared that the chief executive need not prepare a resource operations plan, to implement the proposed new water resource plan, concurrently with the Minister's preparation of the draft water resource plan.
'(2) If the chief executive does not prepare a resource operations plan, to implement the proposed new water resource plan, concurrently with the Minister's preparation of the draft water resource plan, the chief executive must prepare a resource operations plan, to implement the new water resource plan, as soon as practical after the new water resource plan commences.
'(3) Section 100(3) does not apply to—
(a) the draft new water resource plan (if any); or
(b) the draft resource operations plan (if any) to implement the proposed new water resource plan.
'(4) Section 104B does not apply to—
(a) the final draft water resource plan (if any); or
(b) the final draft resource operations plan (if any) to implement the proposed new water resource plan.
'(5) In this section—
draft new water resource plan means the Cooper Creek Draft Water Resource Plan under the notice about the availability of that draft plan published by the Minister under old section 49 on 18 October 2010.
Editor's note—
The notice may be viewed at.
'(1) To remove any doubt, it is declared that the chief executive need not prepare a resource operations plan, to implement the proposed new water resource plan, concurrently with the Minister's preparation of the draft water resource plan.
'(2) If the chief executive does not prepare a resource operations plan, to implement the proposed new water resource plan, concurrently with the Minister's preparation of the draft water resource plan, the chief executive must prepare a resource operations plan, to implement the new water resource plan, as soon as practical after the new water resource plan commences.
'(3) Section 100(3) does not apply to—
(a) the draft new water resource plan (if any); or
(b) the proposed draft amending resource operations plan (if any) to implement the proposed new water resource plan.
'(4) Section 104B does not apply to—
(a) the final draft water resource plan (if any); or
(b) the final draft amending resource operations plan (if any) to implement the proposed new water resource plan.
'(5) In this section—
proposed new water resource plan means the draft Water Resource (Fitzroy Basin) Plan 2010 under the notice about the availability of that draft plan published by the Minister under old section 49 on 13 January 2011.
Editor's note—
The notice may be viewed at.
'(1) The following apply—
(a) despite section 96, the Minister may prepare a draft water resource plan under section 38 for the proposed water resource plan; and
(b) the draft water resource plan may be made publicly available under section 49; and
(c) the final draft water resource plan may be approved by the Governor in Council under section 50(2);
even if the chief executive has not prepared a resource operations plan, to implement the proposed water resource plan, concurrently with the Minister's preparation of the draft water resource plan.
'(2) A draft resource operations plan implementing the water resource plan may be prepared under section 95, or made publicly available under section 100, at any time before or after that approval.
'(3) Section 100(3) does not apply to—
(a) the draft water resource plan (if any); or
(b) the draft resource operations plan (if any) to implement the proposed water resource plan.
'(4) Section 104B does not apply to—
(a) the final draft water resource plan (if any); or
(b) the final draft resource operations plan (if any) to implement the proposed water resource plan.
'(5) In this section—
proposed water resource plan means the proposed Wet Tropics Water Resource Plan under the notice of intention to prepare a draft Wet Tropics Water Resource Plan published by the Minister under old section 40 on 26 February 2010.
Editor's note—
The notice may be viewed at.
'(1) This section applies if—
(a) before the commencement, an owner of land gave a notice, purportedly under the Water Regulation 2002, section 3CA in relation to the Lockyer Valley area works as defined under that section; or
(b) before the commencement of the Water Resource (Pioneer Valley) Plan 2002, section 30A, an owner of land gave a notice, purportedly under the Water Regulation 2002, section 3CA in relation to the Bundaberg, Cooloola and Pioneer Valley area works as defined under that section.
'(2) The requirement under the Water Regulation 2002, section 3CA(2) as in force immediately before the commencement, to notify the chief executive of works and water use or proposed water use is taken to be a chief executive's notice for the works mentioned in subsection (1).
'(3) A notice mentioned in subsection (1) (a relevant notice) is taken to be the owner's notice for the works.
'(4) If a chief executive's notice under section 37, other than a chief executive's notice mentioned in subsection (2), relates to an owner of land and to works to which a relevant notice relates, the owner is not required to give the chief executive an owner's notice under section 37 for the works.
Note—
See section 37(2).
'The amendment of subordinate legislation under the amending Act does not affect a power to further amend the subordinate legislation, to repeal it or to approve the further amendment or repeal.'.