WATER BILL 2000

Queensland Bills

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This is a Bill, not an Act. For current law, see the Acts databases.

WATER BILL 2000

Queensland WATER BILL 2000

Queensland WATER BILL 2000 TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 5-9 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 CHAPTER 2--ALLOCATION AND SUSTAINABLE MANAGEMENT PART 1--PRELIMINARY 10 Purpose of ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 11 Meaning of "principles of ecologically sustainable development" . . . . . . . 34 12 Advancing chapter's purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 13-18 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 2--WATER RIGHTS 19 Rights in all water vests in State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 20 Authorised taking of water without water entitlement . . . . . . . . . . . . . . . . . 36 21 Limiting taking of water under s 20(3) or (4) . . . . . . . . . . . . . . . . . . . . . . . . 36 22 Limiting or prohibiting taking, or interfering with, water during emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 23 Regulation may limit taking or interfering with water for 1 year . . . . . . . . 38 24 Beds and banks forming boundaries of watercourses and lakes are State property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 25-34 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

2 Water PART 3--WATER PLANNING Division 1--Preliminary 35 Information recording and planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 36 Obtaining water information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 37 Non-disclosure of commercially sensitive information . . . . . . . . . . . . . . . . . 40 Division 2--Water resource plans Subdivision 1--Preparing and approving water resource plans 38 Minister may prepare water resource plans . . . . . . . . . . . . . . . . . . . . . . . . . . 41 39 Minister must first prepare an information report . . . . . . . . . . . . . . . . . . . . . 42 40 Public notice of proposal to prepare draft water resource plan . . . . . . . . . . 43 41 Community reference panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 42 Moratorium notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 43 Reviewing moratorium notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 44 Amending moratorium notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 45 Exceptions to ss 42 and 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 46 Content of draft water resource plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 47 Matters the Minister must consider when preparing draft water resource plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 48 Overview report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 49 Public notice about availability of draft water resource plan . . . . . . . . . . . 49 50 Preparing and approving final draft water resource plan . . . . . . . . . . . . . . . 49 51 Minister must prepare report on consultation process . . . . . . . . . . . . . . . . . . 50 52 Public notice of intention not to proceed with making draft water resource plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Subdivision 2--Periodic reports and accountability matters 53 Minister must report on all water resource plans . . . . . . . . . . . . . . . . . . . . . 51 54 Matters the reports must include . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Subdivision 3--Amending or preparing new, water resource plans 55 When water resource plans may be amended or replaced . . . . . . . . . . . . . . 51 56 Preparing amending or new draft water resource plan . . . . . . . . . . . . . . . . . 52 57 Minor amendment of water resource plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Subdivision 4--General 58 No regulatory impact statement for water resource plans . . . . . . . . . . . . . . 53

3 Water Division 3--Managing water use Subdivision 1--Preliminary 59 Purpose of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Subdivision 2--Preparing and approving water use plans 60 Minister may prepare water use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 61 Public notice of proposal to prepare draft water use plan . . . . . . . . . . . . . . 54 62 Content of draft water use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 63 Matters the Minister must consider when preparing draft water use plan . . 55 64 Public notice about availability of draft water use plan . . . . . . . . . . . . . . . . 55 65 Preparing and approving final draft water use plan . . . . . . . . . . . . . . . . . . . . 56 66 Public notice of content of water use plan . . . . . . . . . . . . . . . . . . . . . . . . . . 56 67 Public notice of intention not to proceed with making of draft water use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Subdivision 3--Amending or preparing new, water use plans 68 When water use plans may be amended or replaced . . . . . . . . . . . . . . . . . . 57 69 Preparing amending or new draft water use plan . . . . . . . . . . . . . . . . . . . . . 57 70 Minor amendment of water use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 71 No regulatory impact statement for water use plans . . . . . . . . . . . . . . . . . . . 58 Subdivision 4--Preparing and approving land and water management plans 72 Preparing guidelines for preparing land and water management plans . . . . 58 73 Requirement for land and water management plans . . . . . . . . . . . . . . . . . . . 59 74 Applying for approval of land and water management plans . . . . . . . . . . . . 60 75 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 76 Criteria for deciding application for approval of land and water management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 77 Deciding application for approval of land and water management plan . . . 61 Subdivision 5--Amending land and water management plans 78 Amending land and water management plans . . . . . . . . . . . . . . . . . . . . . . . . 62 Subdivision 6--Deferring requirement for approved land and water management plans 79 Applying to defer requirement for an approved land and water management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 80 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

4 Water 81 Criteria for deciding application to defer requirement for an approved land and water management plan . . . . . . . . . . . . . . . . . . . . . . . . . 63 82 Deciding application to defer land and water management plan requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 83-93 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 PART 4--IMPLEMENTING WATER RESOURCE PLANS Division 1--Preliminary 94 Purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 2--Resource operations plans Subdivision 1--Preparing and approving resource operations plans 95 Chief executive may prepare resource operations plans . . . . . . . . . . . . . . . 64 96 Public notice of proposal to prepare draft resource operations plan . . . . . . 65 97 Notice of proposal to water infrastructure operators . . . . . . . . . . . . . . . . . . . 65 98 Content of draft resource operations plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 99 Matters the chief executive must consider when preparing draft resource operations plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 100 Public notice about availability of draft resource operations plan . . . . . . . 68 101 Additional requirements for notices for draft resource operations plans that establish water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 102 Reviewing submissions about draft resource operations plan . . . . . . . . . . . 69 103 Preparing and approving final draft resource operations plan . . . . . . . . . . . 70 104 Public notice of intention not to proceed with making of draft resource operations plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Subdivision 2--Amending resource operations plans 105 Amending resource operations plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 106 Minor amendment of resource operations plan . . . . . . . . . . . . . . . . . . . . . . . 71 Division 3--Resource operations licences Subdivision 1--Granting resource operations licences 107 Converting interim resource operations licences . . . . . . . . . . . . . . . . . . . . . 72 108 Granting resource operations licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Subdivision 2--Content and conditions of resource operations licences 109 Content of resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 110 Conditions of resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

5 Water Subdivision 3--Amending resource operations licences 111 Amending a resource operations licence for consistency with a resource operations plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 112 Other amendments chief executive may make to resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 113 Minor amendment of resource operations licence . . . . . . . . . . . . . . . . . . . . 74 Subdivision 4--Transferring resource operations licences 114 Applying for transfer of resource operations licence . . . . . . . . . . . . . . . . . . . 75 115 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 116 Deciding application to transfer resource operations licence . . . . . . . . . . . 76 117 Approving application to transfer resource operations licence . . . . . . . . . . 76 118 Refusing application to transfer resource operations licence . . . . . . . . . . . . 76 Subdivision 5--Cancelling resource operations licences 119 Cancelling resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 120 Procedure for cancelling resource operations licence . . . . . . . . . . . . . . . . . 77 Division 4--Water allocations Subdivision 1--Converting water entitlements and granting water allocations 121 Converting water entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 122 Granting water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 123 Relationship between resource operations plan and water allocation . . . . . 80 124 Amending water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 125 Correcting water allocation when recording granting or amendment . . . . . 81 126 Registration details for water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Subdivision 2--Dealings with water allocations 127 Meaning of "change to a water allocation" . . . . . . . . . . . . . . . . . . . . . . . . . 82 128 Transferring or changing water allocations under water allocation transfer rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 129 Other transfers of, or changes to, water allocations . . . . . . . . . . . . . . . . . . . 83 130 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 131 Public notice of application to transfer water allocation . . . . . . . . . . . . . . . 84 132 Applicant to pay cost of researching and investigating application . . . . . . 85 133 Deciding application to transfer or change water allocation . . . . . . . . . . . . 85 134 Registering approved application to transfer or change water allocation . . 86

6 Water 135 Leasing a water allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 136 Transferring a lease of a water allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 137 Water allocations may be forfeited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 138 Dealing with water allocations granted or dealt with through fraud . . . . . . 89 139 Priority for applying proceeds of sale of water allocations under a power of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Division 5--Seasonal water assignments of water allocations 140 Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 141 Applying for a seasonal water assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 142 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 143 Deciding application for seasonal water assignment . . . . . . . . . . . . . . . . . . 90 144 Conditions of seasonal water assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 145 Application of s 243 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Division 6--Registering interests and dealings for water allocations 146 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 147 Water allocations register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 148 Form of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 149 Interests and dealings that may be registered . . . . . . . . . . . . . . . . . . . . . . . . 92 150 Application of Land Title Act 1994 to water allocations register . . . . . . . . 93 151 Application of other Acts to the water allocations register . . . . . . . . . . . . . 94 152 Searching water allocations register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 153-166 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 PART 5--INTERIM ALLOCATION AND MANAGEMENT ARRANGEMENTS Division 1--Preliminary 167 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Division 2--Interim resource operations licences Subdivision 1--Granting interim resource operations licences for existing water infrastructure 168 Who must apply for an interim resource operations licence . . . . . . . . . . . . 95 169 Applying for interim resource operations licence . . . . . . . . . . . . . . . . . . . . . 95 170 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 171 Notice of application for interim resource operations licence . . . . . . . . . . . 96

7 Water 172 Conference may be called about application . . . . . . . . . . . . . . . . . . . . . . . . 97 173 Chief executive must make proposed decision . . . . . . . . . . . . . . . . . . . . . . . 98 174 Notice of proposed decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 175 Deciding application for interim resource operations licence . . . . . . . . . . . 99 Subdivision 2--Granting interim resource operations licences for proposed water infrastructure 176 Granting interim resource operations licences . . . . . . . . . . . . . . . . . . . . . . . 99 Subdivision 3--Content and conditions of interim resource operations licences 177 Content of interim resource operations licences . . . . . . . . . . . . . . . . . . . . . . 100 178 Conditions of interim resource operations licence . . . . . . . . . . . . . . . . . . . . 100 Subdivision 4--Amending interim resource operations licences on application of licence holder 179 Applying to amend an interim resource operations licence . . . . . . . . . . . . . 101 180 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 181 Public notice of application to amend interim resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 182 Matters chief executive must consider when deciding applications . . . . . . 102 183 Deciding application to amend an interim resource operations licence . . . 103 Subdivision 5--Amending interim resource operations licences by chief executive 184 Amending interim resource operations licences on notice . . . . . . . . . . . . . . 104 185 Minor amendment of interim resource operations licence . . . . . . . . . . . . . . 105 Subdivision 6--Transferring and cancelling interim resource operations licences 186 Transferring or cancelling interim resource operations licence . . . . . . . . . . 105 Division 3--Interim water allocations Subdivision 1--Interim water allocations managed through existing water infrastructure 187 Granting interim water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 188 Existing supply arrangements taken to be supply contracts . . . . . . . . . . . . . 106 Subdivision 2--Interim water allocations to be managed through new infrastructure 189 Granting interim water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

8 Water Subdivision 3--Amending, transferring or cancelling interim water allocations 190 Amending, transferring or cancelling interim water allocation . . . . . . . . . . 107 191 Who certain interim water allocations may be transferred to . . . . . . . . . . . 107 192 Deciding application to transfer by interim resource operations licence holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 193-203 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 PART 6--WATER LICENCES AND PERMITS Division 1--Preliminary 204 Purpose of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 205 Decisions to be in accordance with plans . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Division 2--Water licences Subdivision 1--Granting water licences 206 Applying for a water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 207 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 208 Public notice of application for water licence . . . . . . . . . . . . . . . . . . . . . . . 111 209 Applications that may be decided without public notice . . . . . . . . . . . . . . . 112 210 Criteria for deciding application for water licence . . . . . . . . . . . . . . . . . . . . 112 211 Deciding application for water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 212 Granting a water licence under a plan process . . . . . . . . . . . . . . . . . . . . . . . 113 Subdivision 2--Contents and conditions of water licences 213 Contents of water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 214 Conditions of water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 215 Where water under certain licences must be used . . . . . . . . . . . . . . . . . . . . 115 Subdivision 3--Amending water licences 216 Amending water licence on application of licensee . . . . . . . . . . . . . . . . . . . 115 217 Amending water licence to implement water resource plan . . . . . . . . . . . . 115 218 Other amendments chief executive may make to water licence . . . . . . . . . 116 219 Minor amendment of water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Subdivision 4--Other dealings with water licences 220 Renewing water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 221 Reinstating expired water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 222 Transferring water licence to another owner of the land . . . . . . . . . . . . . . . 119

9 Water 223 Transferring water licence to other land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 224 Amalgamating water licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 225 Subdividing water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 226 Surrendering water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 227 Cancelling water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Subdivision 5--Effects of land dealings on water licences 228 Effect of licensee ceasing to be an owner of land . . . . . . . . . . . . . . . . . . . . 122 229 Effect of disposal of part of land to which water licence attaches . . . . . . . 122 Division 3--Seasonal water assignment of water licences 230 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 231 Applying for seasonal water assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 232 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 233 Deciding application for seasonal water assignment . . . . . . . . . . . . . . . . . . 124 234 Effect of approval on water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 235 Conditions of seasonal water assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 236 Application of ss 243, 244 and 246 to water permit . . . . . . . . . . . . . . . . . . . 125 Division 4--Water permits 237 Applying for water permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 238 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 239 Criteria for deciding application for water permit . . . . . . . . . . . . . . . . . . . . . 126 240 Deciding application for water permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 241 Contents of water permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 242 Conditions of water permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 243 Surrendering water permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 244 Cancelling water permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Division 5--General 245 Replacing lost or destroyed water licence or permit . . . . . . . . . . . . . . . . . . 128 246 Limiting water taken under water licences or permits . . . . . . . . . . . . . . . . . 128 247-257 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 PART 7--CATCHMENT AREAS 258 Declaring catchment areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 259 Regulating land use in catchment area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129

10 Water 260-265 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 PART 8--RIVERINE PROTECTION Division 1--Granting permits for destroying, excavating or filling 266 Applying for permit to destroy, excavate or fill . . . . . . . . . . . . . . . . . . . . . . 130 267 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 268 Criteria for deciding application for a permit to destroy, excavate or fill . 131 269 Deciding application for permit to destroy, excavate or fill . . . . . . . . . . . . 132 Division 2--Dealings with permits 270 Amending conditions or cancelling permit . . . . . . . . . . . . . . . . . . . . . . . . . . 132 271 Deciding whether to proceed with proposed cancellation or amendment . . 133 272 Immediate suspension of permit in exceptional circumstances . . . . . . . . . . 133 Division 3--Notices 273 Notice to owner of land to remove vegetation etc. . . . . . . . . . . . . . . . . . . . . 134 274-278 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 PART 9--QUARRY MATERIALS Division 1--Preliminary 279 Ownership and management of certain quarry material . . . . . . . . . . . . . . . . 135 Division 2--Granting and selling allocations of quarry material 280 Applying for allocation of quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 281 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 282 Criteria for deciding application for allocation of quarry material . . . . . . . 136 283 Deciding application for allocation of quarry material . . . . . . . . . . . . . . . . . 137 284 Selling allocation of State quarry material by auction or tender . . . . . . . . . 137 Division 3--Content and conditions of allocation notices 285 Content of allocation notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 286 Conditions of allocation notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 287 Financial assurance for allocation of quarry material . . . . . . . . . . . . . . . . . 138 Division 4--Dealings with allocations of quarry material 288 Transferring allocation of quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 289 Renewing allocations of quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 290 Amending, suspending or cancelling allocation notice . . . . . . . . . . . . . . . . 140 291 Deciding whether to proceed with proposed amendment, suspension or cancellation of allocation notice . . . . . . . . . . . . . . . . . . . . . . 141

11 Water Division 5--General 292 Royalty or price for State quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 293-298 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 PART 10--WATER BORE DRILLERS Division 1--Granting water bore driller's licences 299 Applying for water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 300 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 301 Deciding application for water bore driller's licence . . . . . . . . . . . . . . . . . . 143 302 Conditions of water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 303 Refusing application for water bore driller's licence . . . . . . . . . . . . . . . . . . 144 Division 2--Dealings with water bore driller's licences 304 Applying to amend water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . 144 305 Giving show cause notice about proposed amendment of water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 306 Deciding proposed amendment of water bore driller's licence . . . . . . . . . . 145 307 Minor amendment of water bore driller's licence . . . . . . . . . . . . . . . . . . . . . 145 308 Renewing water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 309 Suspending water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 310 Cancelling water bore driller's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Division 3--General 311 Production of licence to authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . 148 312 Failure to return suspended, cancelled or expired licence . . . . . . . . . . . . . . 148 313 Records of water bores drilled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 314 Replacing lost or destroyed water bore driller's licence . . . . . . . . . . . . . . . 149 315-325 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 PART 11--OPERATIONS LICENCE Division 1--Preliminary 326 Purpose of pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 327 Application of pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 Division 2--Granting operations licences 328 Applying for operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 329 Additional information may be required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 330 Criteria for deciding application for operations licence . . . . . . . . . . . . . . . . 151

12 Water 331 Deciding application for operations licence . . . . . . . . . . . . . . . . . . . . . . . . . 151 332 Conditions of operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Division 3--Dealings with operations licences 333 Amending operations licences on application of licensee . . . . . . . . . . . . . . 152 334 Giving show cause notice about proposed amendment of operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 335 When chief executive must amend operations licence . . . . . . . . . . . . . . . . 153 336 Minor amendment of operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 337 Transferring operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 338 Surrendering operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 339 Cancelling of operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 340-360 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 CHAPTER 3--INFRASTRUCTURE AND SERVICE PART 1--PRELIMINARY 361 Purpose of ch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 362 Application of chapter to local governments . . . . . . . . . . . . . . . . . . . . . . . . . 156 363-369 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 PART 2--SERVICE PROVIDERS Division 1--Registration of service providers 370 Who must apply for registration as a service provider . . . . . . . . . . . . . . . . . 156 371 Applying for registration as a service provider . . . . . . . . . . . . . . . . . . . . . . . 156 372 Registration as a service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 373 Applying to amend service provider's details of registration . . . . . . . . . . . . 157 374 Notice of transfer of infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 375 Registering transferee as a service provider . . . . . . . . . . . . . . . . . . . . . . . . . 158 376 Notice of intention to stop operating as a service provider . . . . . . . . . . . . . 159 377 Registration as a service provider is not a right to water entitlement or resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . 159 378 Reviewing and changing service provider registration details . . . . . . . . . . . 160 Division 2--General powers of service providers and authorised persons 379 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 380 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160

13 Water 381 Power to disconnect unauthorised connections . . . . . . . . . . . . . . . . . . . . . . . 160 382 Power to direct remedial work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 383 Power to install meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 384 Power to enter places for restricted purposes . . . . . . . . . . . . . . . . . . . . . . . . 162 385 Giving notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 386 Compensation for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 387 Recovery of costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 Division 3--Power to restrict water supply 388 Restricting water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 389 Notice of water restriction must be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 390 Temporary interruptions to water supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Division 4--Authorised persons 391 Appointing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 392 Authorised person's identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 393 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 394 Producing and displaying identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Division 5--Liability of service providers 395 Liability of service providers for negligence . . . . . . . . . . . . . . . . . . . . . . . . . 167 396-407 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 PART 3--SERVICE PROVIDER OBLIGATIONS Division 1--Strategic asset management plans Subdivision 1--Preparing, certifying and approving strategic asset management plans 408 Preparing strategic asset management plan . . . . . . . . . . . . . . . . . . . . . . . . . 168 409 Certifying strategic asset management plan . . . . . . . . . . . . . . . . . . . . . . . . . 169 410 Submitting strategic asset management plan for approval . . . . . . . . . . . . . . 169 411 Approving strategic asset management plan . . . . . . . . . . . . . . . . . . . . . . . . . 169 412 Refusing strategic asset management plan . . . . . . . . . . . . . . . . . . . . . . . . . . 170 413 Changing strategic asset management plan . . . . . . . . . . . . . . . . . . . . . . . . . 170 414 Complying with approved strategic asset management plan . . . . . . . . . . . . 171 Subdivision 2--Audit reports and reviews 415 Reviewing strategic asset management plan . . . . . . . . . . . . . . . . . . . . . . . . 171 416 Changing strategic asset management plan following review . . . . . . . . . . . 171

14 Water 417 Providing regular audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 418 Declarations about regular audit report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 419 Spot audits of strategic asset management plans . . . . . . . . . . . . . . . . . . . . . 173 420 Declarations about spot audit report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 421 Access for conducting audit reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Division 2--Customer service standards 422 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 423 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 424 Preparing customer service standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 425 Content of customer service standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 426 Complying with customer service standard . . . . . . . . . . . . . . . . . . . . . . . . . . 176 427 Customer complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 428 Revising customer service standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 429 Reviewing customer service standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Division 3--Annual reports 430 Service provider to report annually . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Division 4--Water for fire fighting 431 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 432 No charge for water for fire fighting purposes . . . . . . . . . . . . . . . . . . . . . . . . 179 433 Water from fire fighting system to be used only for fire fighting purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Division 5--Exemptions for small service providers 434 Small service providers may apply for exemption from divs 1-3 . . . . . . . . 180 435 Deciding application for exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 436 Notice of decision on application for exemption . . . . . . . . . . . . . . . . . . . . . 180 437 Cancelling or amending an exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 438-447 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 PART 4--SERVICE AREAS Division 1--Preliminary 448 Application of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Division 2--Service areas 449 Declaration of service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 450 Notice of declaration of service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182

15 Water 451 Map of service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Division 3--Access to services in service areas 452 Access to service in service area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 453 Recovering cost of giving access to registered service . . . . . . . . . . . . . . . . 184 454 When service provider not required to supply water in service area . . . . . . 184 Division 4--Connecting to registered services 455 Owner may ask for connection to service provider's infrastructure . . . . . . . 185 456 Notice requiring connection to registered service . . . . . . . . . . . . . . . . . . . . . 185 Division 5--Restricting domestic water supply 457 Restricting domestic water supply in certain circumstances . . . . . . . . . . . . 186 458-468 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 PART 5--TRADE WASTE 469 Trade waste approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 470 Approval may be conditional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 471 Suspending or cancelling trade waste approval . . . . . . . . . . . . . . . . . . . . . . 188 472-479 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 PART 6--REFERABLE DAMS AND FLOOD MITIGATION Division 1--Referable dams Subdivision 1--Preliminary 480 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 481 Meaning of "referable dam" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 482 Meaning of "failure impact assessment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Subdivision 2--Failure impact assessing dams 483 When a dam must be failure impact assessed . . . . . . . . . . . . . . . . . . . . . . . 191 484 Failure impact ratings for dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 485 Offences about failure impact assessments . . . . . . . . . . . . . . . . . . . . . . . . . . 192 486 Cost of failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 487 Accepting, rejecting or reviewing failure impact assessment . . . . . . . . . . . 194 488 Notice accepting failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . 194 489 Reviewing failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 490 Rejecting failure impact assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 491 Safety conditions for referable dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195

16 Water 492 Changing safety conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 493 Reassessing dams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Subdivision 3--Chief executive's powers 494 Emergency powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 Subdivision 4--General matters for referable dams 495 Liability for loss or damage caused by failure of dam . . . . . . . . . . . . . . . . . 198 Division 2--Flood mitigation 496 Owners of certain dams must prepare flood mitigation manual . . . . . . . . . . 198 497 Approving flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 498 Amending flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 499 Regular reviews of flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . . . 199 500 Protection from liability for complying with flood mitigation manual . . . . 200 501-513 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 PART 7--REGULATOR 514 Who is the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 515 Regulator's general functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 516 Register of service providers must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . 201 517 Information may be required from service providers . . . . . . . . . . . . . . . . . . . 201 518 Non-disclosure of commercially sensitive information . . . . . . . . . . . . . . . . . 202 519 Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 520 Delegation of regulator's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 521-541 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 CHAPTER 4--WATER AUTHORITIES PART 1--PRELIMINARY 542 Purpose of ch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 543-547 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 PART 2--ESTABLISHING WATER AUTHORITIES Division 1--General 548 Establishing water authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 549 Categories of water authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 550 Water authority is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 551 Application of particular Acts to a water authority . . . . . . . . . . . . . . . . . . . . 205

17 Water Division 2--Procedure 552 Public notice of proposal to establish a water authority . . . . . . . . . . . . . . . . 205 553 Considering submissions on establishment proposal . . . . . . . . . . . . . . . . . . . 207 554 Changing, and republishing, establishment proposal . . . . . . . . . . . . . . . . . . 207 555 Considering submissions on changed establishment proposal . . . . . . . . . . . 207 556 Amending establishment regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 557 Considering submissions on amending establishment regulation . . . . . . . . 208 558-568 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 PART 3--FUNCTIONS AND POWERS OF WATER AUTHORITIES Division 1--Functions 569 Main function of water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 570 Other functions of water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 571 Establishment as a water authority is not a right to water entitlement or resource operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Division 2--Powers Subdivision 1--Rates and charges 572 Power to make and levy rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . 210 573 Exemption from rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 574 Interest on overdue rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 575 Discount for payment of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . 211 576 Recovering rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Subdivision 2--Taking land 577 Power to take land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 578 Purposes for which land may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Subdivision 3--General 579 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Division 3--Reporting requirements 580 Notice of proposed significant action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 581 Minister may require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 582 Statement of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 583 Identification and disclosure of cross-subsidies . . . . . . . . . . . . . . . . . . . . . . . 214

18 Water Division 4--Water authority employees 584 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 Division 5--Water authority officers' duties and responsibilities 585 Duties and liabilities of water authority officers . . . . . . . . . . . . . . . . . . . . . . 215 586-596 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 PART 4--BOARD OF DIRECTORS Division 1--Appointment etc. of board of directors 597 Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 598 Composition of board for water authorities . . . . . . . . . . . . . . . . . . . . . . . . . . 216 599 Composition of board for Gladstone Area Water Board . . . . . . . . . . . . . . . . 217 600 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 601 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 602 Administration of water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217 603 Eligibility for appointment as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 604 Term of office for directors of water authorities other than Gladstone Area Water Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 605 Term of office for directors of Gladstone Area Water Board . . . . . . . . . . . . 219 606 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 607 Termination of appointment as director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 608 Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 609 Removal of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Division 2--Directors' duties 610 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 611 Declaration about duty to act in authority's interest . . . . . . . . . . . . . . . . . . . 222 612 Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 613 Water authority not to indemnify officers . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 614 Water authority not to pay premiums for particular liabilities of officers . . 224 615 Director's duty to prevent insolvent trading . . . . . . . . . . . . . . . . . . . . . . . . . . 224 616 Court may order compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 617 Examination of persons concerned with water authorities . . . . . . . . . . . . . . 226 618 Power to grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 619 False or misleading information or documents . . . . . . . . . . . . . . . . . . . . . . . 229

19 Water Division 3--Board proceedings 620 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230 621 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 622 Participation in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . . 231 623 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Division 4--Directors' fees and allowances 624 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 625-636 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 PART 5--CATEGORY 1 WATER AUTHORITY MATTERS Division 1--Commercialising category 1 water authorities Subdivision 1--Preliminary 637 Meaning of "commercialisation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 638 Key commercialisation principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 Subdivision 2--Category 1 water authorities subject to commercialisation 639 Category 1 water authorities subject to commercialisation . . . . . . . . . . . . . 234 640 Key objectives of category 1 water authority . . . . . . . . . . . . . . . . . . . . . . . . 234 Division 2--Commercialisation charter for category 1 water authorities 641 Preparing commercialisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 642 Content of commercialisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 643 Compliance with commercialisation charter . . . . . . . . . . . . . . . . . . . . . . . . . 235 644 Expiry of commercialisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 Division 3--Corporate plan for category 1 water authorities 645 Category 1 water authority must have corporate plan . . . . . . . . . . . . . . . . . 236 646 Guidelines for corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 647 Draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236 648 Special procedures for draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . 236 649 Corporate plan on agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 650 Corporate plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 651 Modifying corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Division 4--Performance plan for category 1 water authorities 652 Category 1 water authority must have performance plan . . . . . . . . . . . . . . . 238

20 Water 653 Content of performance plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 654 Preparing draft performance plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 655 Special procedures for draft performance plan . . . . . . . . . . . . . . . . . . . . . . . 240 656 Performance plan on agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 657 Performance plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 658 Modifying performance plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 Division 5--Tax equivalents manual for category 1 water authorities 659 Treasurer may issue tax equivalents manual . . . . . . . . . . . . . . . . . . . . . . . . . 242 Division 6--Dividends payable by category 1 water authorities 660 Payment of dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243 661 Interim dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 662 Dividend payment for financial year in which water authority becomes a category 1 water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 663 Interim dividend for financial year in which water authority becomes a category 1 water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 664-674 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 PART 6--RESERVE POWERS OF MINISTER AND TREASURER 675 Minister's power to notify water authority of public sector policies . . . . . . 245 676 Minister's power to give directions in public interest . . . . . . . . . . . . . . . . . . 246 677 Minister's and Treasurer's power to give joint directions to category 1 water authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 678 Notice of suspected insolvency because of notice or direction . . . . . . . . . . 247 679-689 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248 PART 7--AMALGAMATING, DISSOLVING AND TRANSFERRING FUNCTIONS OF WATER AUTHORITIES Division 1--Amalgamating or dissolving water authorities 690 Amalgamating water authorities and authority areas . . . . . . . . . . . . . . . . . . 249 691 Dissolution of water authority and authority area . . . . . . . . . . . . . . . . . . . . . 249 692 Public notice of proposed amalgamation or dissolution . . . . . . . . . . . . . . . . 250 693 Content of notice of proposed amalgamation or dissolution . . . . . . . . . . . . 250 694 Considering submissions on proposed amalgamation or dissolution . . . . . . 251 695 Water authority may request its dissolution . . . . . . . . . . . . . . . . . . . . . . . . . 252 696 Procedure before authority is dissolved to convert to an alternative institutional structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252

21 Water 697 Recovering water authority's dissolution costs . . . . . . . . . . . . . . . . . . . . . . . 253 Division 2--Transferring water authority's functions to local government 698 Water authority and local government must agree to proposed transfer . . . 253 699 Joint report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 700 Transferring functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 Division 3--Effect of amalgamating, dissolving, converting to alternative institutional structure and transferring functions 701 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 702 Vesting of assets, rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 703 Continuing legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 704 Existing employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 705 State undertakes non-transferable civil liability . . . . . . . . . . . . . . . . . . . . . . 256 706-716 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 PART 8--MISCELLANEOUS 717 Recovering water authority's establishment costs . . . . . . . . . . . . . . . . . . . . 257 718-738 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 CHAPTER 5--INVESTIGATIONS, ENFORCEMENT AND OFFENCES PART 1--INVESTIGATION MATTERS Division 1--Authorised officers 739 Appointment and qualifications of authorised officers . . . . . . . . . . . . . . . . . 258 740 Functions and powers of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . 258 741 Conditions of appointment of authorised officers . . . . . . . . . . . . . . . . . . . . . 259 742 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 743 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 744 Producing or displaying identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Division 2--Powers of entry of authorised officers 745 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 746 Power to enter land to monitor compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 260 747 Power to enter land to collect information . . . . . . . . . . . . . . . . . . . . . . . . . . 261 748 Power to enter land to search for unauthorised drilling or taking of or interfering with water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 749 Power to enter places for other purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

22 Water Division 3--Procedure for entry 750 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 751 Applying for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 752 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 753 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 754 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Division 4--Powers of authorised officers after entering a place 755 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 756 Failure to help authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268 757 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 Division 5--Power to obtain information 758 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 759 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 269 760 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 761 Failure to certify copy of document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 762 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 763 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 Division 6--Compensation for damage caused when exercising power 764 Giving notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 765 Compensation for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272 766-777 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273 PART 2--ENFORCEMENT MATTERS Division 1--Show cause and compliance notices 778 When regulator may give a show cause notice . . . . . . . . . . . . . . . . . . . . . . . 273 779 General requirements for show cause notices . . . . . . . . . . . . . . . . . . . . . . . . 273 780 Who may give a compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274 781 General requirements for compliance notices . . . . . . . . . . . . . . . . . . . . . . . . 274 782 Compliance with compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 783 Chief executive or regulator may take action and recover costs . . . . . . . . . 275 Division 2--Enforcement orders 784 Proceeding for orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276 785 Proceeding brought in a representative capacity . . . . . . . . . . . . . . . . . . . . . 277

23 Water 786 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 787 Proceeding for enforcement order without notice . . . . . . . . . . . . . . . . . . . . . 277 788 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 789 Effect of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 790 Court's powers about orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 791 Contributing to cost of bringing proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . 280 Division 3--Costs for proceedings under division 2 792 Parties to pay own costs for proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 793-807 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 PART 3--OFFENCES Division 1--Offences for chapter 2 808 Unauthorised taking, supplying or interfering with water . . . . . . . . . . . . . . . 281 809 Using water contrary to water use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 810 Using water contrary to approved land and water management plan . . . . . 282 811 Tampering with devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 812 Contravening conditions of water allocation, interim water allocation, water licence or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 813 Contravening condition of resource operations licence, interim resource operations licence or operations licence . . . . . . . . . . . . . . . . . . . . 282 814 Destroying vegetation, excavating or placing fill without permit . . . . . . . . 283 815 Removing quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 816 Unauthorised water bore activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 817 Contravening requirements for mining and petroleum drilling . . . . . . . . . . . 285 818 Contravening condition of water bore driller's licence . . . . . . . . . . . . . . . . . 285 819 False or misleading advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 820 Taking water without operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 Division 2--Offences for chapter 3 821 Supplying unauthorised services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 822 Connecting to service provider's infrastructure without approval . . . . . . . . 287 823 Interfering with service provider's infrastructure . . . . . . . . . . . . . . . . . . . . . . 287 824 Discharging certain materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287 Division 3--General offences 825 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288

24 Water 826 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 288 827 Obstructing and impersonating authorised officers . . . . . . . . . . . . . . . . . . . . 288 828 Executive officers must ensure corporation complies with Act . . . . . . . . . . 289 829-850 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 CHAPTER 6--REVIEWS, APPEALS AND ARBITRATION PART 1--INTERPRETATION 851 Who is an interested person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 852-860 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 PART 2--INTERNAL REVIEW OF DECISIONS 861 Appeal process starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . . . 291 862 Who may apply for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 863 Applying for an internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 864 Review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 865 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 866-876 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 PART 3--APPEALS 877 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 878 Starting an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 879 Staying operation of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 880 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 881 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 882 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 883-890 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 PART 4--ARBITRATION 891 Who may apply for arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 892 Acknowledging dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 893 Withdrawing dispute notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 894 Parties to arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 895 Determination by authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 896 Conduct of arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 897-917 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299

25 Water CHAPTER 7--LEGAL PROCEEDINGS PART 1--EVIDENCE 918 Application of pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 919 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299 920 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 921-930 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 PART 2--PROCEEDINGS 931 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 932 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 933 Proceeding brought in a representative capacity . . . . . . . . . . . . . . . . . . . . . 302 934 Magistrates Court may make orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 935 Costs involved in bringing proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 936 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 304 937-954 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 CHAPTER 8--MISCELLANEOUS PART 1--APPOINTMENT OF ADMINISTRATOR 955 Governor in Council may appoint administrator to operate infrastructure . 305 956 Effect of administrator operating infrastructure . . . . . . . . . . . . . . . . . . . . . . . 305 957 Effect of appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 958 Withdrawing appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . 307 959-965 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 PART 2--RELATIONSHIP WITH INTEGRATED PLANNING ACT 1997 966 Additional criteria for assessing development applications . . . . . . . . . . . . . 307 967 IPA approval for development is subject to approval under this Act . . . . . 307 968 Chief executive may direct works to be modified or removed . . . . . . . . . . 308 969 Development applications for the removal of quarry material . . . . . . . . . . . 309 970 Allocation of quarry material is subject to IPA approval . . . . . . . . . . . . . . . 309 971 Development applications for referable dams . . . . . . . . . . . . . . . . . . . . . . . . 310 972-983 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 PART 3--COMPENSATION 984 Definitions for pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 985 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311

26 Water 986 Compensation for reduced value of entitlement to water . . . . . . . . . . . . . . . 311 987 Limiting compensation for reduced value of entitlement to water . . . . . . . 311 988 Time limits for claiming compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 989 Time limits for deciding and advising on claims . . . . . . . . . . . . . . . . . . . . . 312 990 Deciding claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 991 Calculating reasonable compensation involving changes . . . . . . . . . . . . . . 312 992 When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 993-1003 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 PART 4--GENERAL PROVISIONS 1004 Referral panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313 1005 Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 1006 Declarations about watercourses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 1007 Records to be kept by registrar of titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 1008 Exemption of conversions of water allocations from stamp duty . . . . . . . . . 315 1009 Exemption from application of Freedom of Information Act 1992 . . . . . . . 315 1010 Public inspection and purchase of documents . . . . . . . . . . . . . . . . . . . . . . . . 316 1011 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 1012 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 1013 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 1014 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 1015 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 1016-1036 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 CHAPTER 9--TRANSITIONAL PROVISIONS AND REPEALS PART 1--TRANSITIONAL PROVISIONS FOR ALLOCATION AND SUSTAINABLE MANAGEMENT 1037 Local government authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 1038 Approved water management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 1039 Proposed water management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 1040 Draft water management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 1041 Completed water allocation and management plans . . . . . . . . . . . . . . . . . . 321 1042 Proposed water allocation and management plans and flow management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321 1043 Draft water allocation and management plans . . . . . . . . . . . . . . . . . . . . . . . 321

27 Water 1044 Draft water management plan (Boyne River) . . . . . . . . . . . . . . . . . . . . . . . . 322 1045 Proposed water management plan (Atherton subartesian area) . . . . . . . . . . 322 1046 Declared subartesian areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322 1047 Existing land and water management plans . . . . . . . . . . . . . . . . . . . . . . . . . 323 1048 Existing applications, licences and permits . . . . . . . . . . . . . . . . . . . . . . . . . 324 1049-1059 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 PART 2--TRANSITIONAL PROVISIONS FOR SERVICE PROVIDERS, SERVICE AREAS, FAILURE IMPACT ASSESSING OF DAMS AND FLOOD MITIGATION Division 1--Service providers and service areas 1060 Registration of existing local authorities and water boards as service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 1061 Strategic asset management plans for existing local authorities and water boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 1062 Water for fire fighting purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326 1063 Existing water or sewered areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 1064 Local governments to be service providers for existing services areas . . . . 327 Division 2--Failure impact assessing for dams Subdivision 1--Hazardous dams 1065 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 Subdivision 2--Other dams 1066 Application of ch 3, pt 6, div 1 to other dams . . . . . . . . . . . . . . . . . . . . . . . . 328 1067 Failure impact assessing existing unlicensed dams . . . . . . . . . . . . . . . . . . . 328 1068 Failure impact assessing prescribed licensed dams . . . . . . . . . . . . . . . . . . . 328 1069 Failure impact assessing licensed dams not prescribed . . . . . . . . . . . . . . . . 329 1070 Failure impact assessing small licensed dams . . . . . . . . . . . . . . . . . . . . . . . 330 Division 3--Flood mitigation 1071 Existing flood mitigation manuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 1072-1082 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330 PART 3--TRANSITIONAL PROVISIONS FOR WATER AUTHORITIES 1083 Continuing former water areas and former water boards--general . . . . . . . 331 1084 Continuing Gladstone Area Water Board . . . . . . . . . . . . . . . . . . . . . . . . . . . 331

28 Water 1085 Members of boards of former water boards, other than Gladstone Area Water Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 1086 Members of board of Gladstone Area Water Board . . . . . . . . . . . . . . . . . . . 332 1087 Existing employees of former water boards . . . . . . . . . . . . . . . . . . . . . . . . . . 332 1088 Authorised works of former water boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 1089 Existing authorities to take, or interfere with, water . . . . . . . . . . . . . . . . . . . 334 1090 Existing contracts to supply water under GAWB Act . . . . . . . . . . . . . . . . . . 334 1091 References to former water areas and former water boards . . . . . . . . . . . . . 335 1092 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 1093 Existing by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 1094-1106 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 PART 4--TRANSITIONAL PROVISIONS ABOUT STATE WATER PROJECTS AND ITS CUSTOMERS Division 1--State Water Projects before corporatisation 1107 Application of s 4 for State Water Projects . . . . . . . . . . . . . . . . . . . . . . . . . . 336 Division 2--State Water Projects after corporatisation Subdivision 1--Preliminary 1108 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 1109 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 Subdivision 2--Granting interim resource operations licences and interim water allocations 1110 Granting interim resource operations licence to corporatised entity . . . . . . 337 1111 Granting water entitlements to corporatised entity . . . . . . . . . . . . . . . . . . . . 338 1112 Granting interim water allocations to customers under interim resource operations licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339 1113 Authorities under part 4 or 9 of the repealed Act . . . . . . . . . . . . . . . . . . . . . 339 1114 Review of grant of interim water allocation . . . . . . . . . . . . . . . . . . . . . . . . . 340 Subdivision 3--Supply contracts 1115 Minister must approve standard supply contracts . . . . . . . . . . . . . . . . . . . . . 341 1116 Supply under s 15 of repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 1117 Application of Water Resources (Rates and Charges) Regulation 1992 . . 342 1118 Application of repealed Act to interim water allocations until ch 2, pt 6 commences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342

29 Water 1119 Minister's and Treasurer's power to give joint directions to corporatised entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 1120-1128 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 PART 5--GENERAL 1129 References in Acts and documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343 1130 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 1131-1136 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 PART 6--REPEALS 1137 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 1138-1143 Section numbers not used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 CHAPTER 10--AMENDMENTS 1144 Amendments about planning matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 1145 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 346 PROHIBITED SUBSTANCES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 348 AMENDMENTS ABOUT PLANNING MATTERS INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353 VEGETATION MANAGEMENT ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . 353 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 355 OTHER AMENDMENTS ABORIGINAL LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 CENTURY ZINC PROJECT ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 FISHERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 FOSSICKING ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 FREEDOM OF INFORMATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . 357 PETROLEUM ACT 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 QUEENSLAND COMPETITION AUTHORITY ACT 1997 . . . . . . . . . . . . . 358 RECREATION AREAS MANAGEMENT ACT 1988 . . . . . . . . . . . . . . . . . 360 SEWERAGE AND WATER SUPPLY ACT 1949 . . . . . . . . . . . . . . . . . . . . 360

30 Water SOUTH EAST QUEENSLAND WATER BOARD (REFORM FACILITATION) ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 360 STATE DEVELOPMENT AND PUBLIC WORKS ORGANISATION ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 361 TORRES STRAIT ISLANDER LAND ACT 1991 . . . . . . . . . . . . . . . . . . . . 362 TOWNSVILLE/THURINGOWA WATER SUPPLY BOARD ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 363 WHISTLEBLOWERS PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . 364 SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 365 DICTIONARY

2000 A BILL FOR An Act to provide for the sustainable management of water and other resources, a regulatory framework for providing water and sewerage services and the establishment and operation of water authorities, and for other purposes

s1 32 s4 Water The Parliament of Queensland enacts-- 1 CHAPTER 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Water Act 2000.1 4 5 Commencement 2.(1) The following provisions of schedule 3 are taken to have 6 commenced on 1 July 2000-- 7 (a) amendments 18 and 19 of the Integrated Planning Act 1997; 8 (b) amendment 2 of the Local Government Act 1993. 9 (2) Schedule 3, amendment of the Water Resources Act 1989, 10 amendments 1 and 2 commence on assent. 11 (3) The remaining provisions of this Act commence on a day to be fixed 12 by proclamation. 13 14 Definitions 3. The dictionary in schedule 4 defines particular words used in this Act. 15 binds all persons 16 Act 4.(1) This Act binds all persons, including the State, and, in so far as the 17 legislative power of the State permits, the Commonwealth and the other 18 States. 19 (2) Subsection (1) does not apply to-- 20 1 Because of the size and complexity of this Act some sections numbers have been deliberately left blank at the end of each part. If the Act is amended in the future this will assist in making the amendments without the necessity of renumbering the whole Act.

s 5-9 33 s 10 Water (a) the operation of the State Development and Public Works 1 Organisation Act 1971; or 2 (b) the powers of the coordinator-general under the State 3 Development and Public Works Organisation Act 1971. 4 numbers not used 5 Section 5-9. See footnote to section 1. 6 HAPTER 2--ALLOCATION AND SUSTAINABLE 7 C MANAGEMENT 8 ART 1--PRELIMINARY 9 P of ch 2 10 Purpose 10.(1) The purpose of this chapter is to advance sustainable management 11 and efficient use of water and other resources by establishing a system for 12 the planning, allocation and use of water. 13 (2) For subsection (1), "sustainable management" is management 14 that-- 15 (a) allows for the allocation and use of water for the physical, 16 economic and social well being of the people of Queensland and 17 Australia within limits that can be sustained indefinitely; and 18 (b) protects the biological diversity and health of natural ecosystems; 19 and 20 (c) contributes to the following-- 21 (i) improving planning confidence of water users now and in 22 the future regarding the availability and security of water 23 entitlements; 24 (ii) the economic development of Queensland in accordance 25 with the principles of ecologically sustainable development; 26

s 11 34 s 11 Water (iii) maintaining or improving the quality of naturally occurring 1 water and other resources that benefit the natural resources of 2 the State; 3 (iv) protecting water, watercourses, lakes, springs, aquifers, 4 natural ecosystems and other resources from degradation 5 and, if practicable, reversing degradation that has occurred; 6 (v) recognising the interests of Aboriginal people and Torres 7 Strait Islanders and their connection with the landscape in 8 water planning; 9 (vi) providing for the fair, orderly and efficient allocation of 10 water to meet community needs; 11 (vii) increasing community understanding of the need to use and 12 manage water in a sustainable and cost efficient way; 13 (viii)encouraging the community to take an active part in planning 14 the allocation and management of water; 15 (ix) integrating, as far as practicable, the administration of this 16 Act and other legislation dealing with natural resources. 17 (3) For subsection (1), "efficient use" of water-- 18 (a) incorporates demand management measures that achieve 19 permanent and reliable reductions in the demand for water; and 20 (b) promotes water conservation and appropriate water quality 21 objectives for intended use of water; and 22 (c) promotes water recycling, including, for example, water reuse 23 within a particular enterprise to gain the maximum benefit from 24 available supply; and 25 (d) takes into consideration the volume and quality of water leaving a 26 particular application or destination to ensure it is appropriate for 27 the next application or destination, including, for example, release 28 into the environment. 29 of "principles of ecologically sustainable development" 30 Meaning 11. The following principles are "principles of ecologically sustainable 31 development"-- 32

s 12 35 s 19 Water (a) decision-making processes should effectively integrate both 1 long-term and short-term economic, environmental, social and 2 equitable considerations; 3 (b) if there are threats of serious or irreversible environmental 4 damage, lack of full scientific certainty should not be used as a 5 reason for postponing measures to prevent environmental 6 degradation; 7 (c) the present generation should ensure the health, diversity and 8 productivity of the environment is maintained or enhanced for the 9 benefit of future generations; 10 (d) the conservation of biological diversity and ecological integrity 11 should be a fundamental consideration in decision making; 12 (e) recognition of the need to develop a strong, growing and 13 diversified economy that can enhance the capacity for 14 environmental protection; 15 (f) decisions and actions should provide for broad community 16 involvement on issues affecting them. 17 chapter's purpose 18 Advancing 12. If, under this chapter, a function or power is conferred on an entity, 19 the entity must perform the function or exercise the power in a way that 20 advances this chapter's purpose. 21 numbers not used 22 Section 13-18. See footnote to section 1. 23 ART 2--WATER RIGHTS 24 P in all water vests in State 25 Rights 19. All rights to the use, flow and control of all water in Queensland are 26 vested in the State. 27

s 20 36 s 21 Water taking of water without water entitlement 1 Authorised 20.(1) This section has effect despite section 19. 2 (2) A person may take water in an emergency situation, for-- 3 (a) a public purpose; or 4 (b) fighting a fire destroying, or threatening to destroy, a dwelling 5 house. 6 (3) Despite subsection (6), an owner of land adjoining a watercourse, 7 lake or spring may take water from the watercourse, lake or spring-- 8 (a) for domestic purposes; or 9 (b) for watering stock of a number that would normally be 10 depastured on the land. 11 (4) Despite subsection (6), an owner of land on which there is overland 12 flow water or overland flow water that has been collected into a dam, may 13 take the water-- 14 (a) for domestic purposes; or 15 (b) for watering stock of a number that would normally be 16 depastured on the land. 17 (5) A person may take water from a watercourse, lake or spring-- 18 (a) for camping purposes; or 19 (b) for watering travelling stock. 20 (6) A person may take or interfere with overland flow water and 21 subartesian water for any purpose unless there is a moratorium notice or a 22 water resource plan that limits or alters the water that may be taken or 23 interfered with. 24 (7) A regulation may declare land to be land to which subsection (3)(a) 25 does not apply if the land is subdivided after the regulation is made. 26 taking of water under s 20(3) or (4) 27 Limiting 21.(1) If there is a shortage of water, the chief executive may limit or 28 prohibit the taking of water under section 20(3)(a) or (4)(a) for watering a 29 garden, by publishing a notice. 30

s 22 37 s 22 Water (2) If the notice is for limiting the taking of water, the notice may be for 1 either or both of the following-- 2 (a) the times when water may be taken; 3 (b) the volume of water, measured or estimated, that may be taken. 4 (3) The notice remains in force for the period stated in the notice or, if no 5 period is stated, until the chief executive publishes another notice 6 withdrawing the first notice. 7 (4) A person must not take water in contravention of the notice. 8 Maximum penalty for subsection (4)--500 penalty units. 9 or prohibiting taking, or interfering with, water during 10 Limiting emergencies 11 22.(1) Subsection (2) applies if the Minister is satisfied urgent action 12 should be taken because-- 13 (a) there is a shortage of water; or 14 (b) there is a thing in harmful quantities in water. 15 (2) The Minister must publish a notice-- 16 (a) reducing, for a particular purpose or otherwise, either or both of 17 the following-- 18 (i) the volume of water a person may take; 19 (ii) the rate at which, and the times when, a person may take 20 water; or 21 (b) reducing a person's entitlement to interfere with water; or 22 (c) prohibiting the taking of, or interfering with, water. 23 (3) The reduction or prohibition has effect despite any authority a person 24 has under another provision of this Act. 25 (4) The notice remains in force until whichever of the following first 26 happens-- 27 (a) the commencement of a regulation dealing with the matters 28 mentioned in subsection (2); 29

s 23 38 s 24 Water (b) the end of 21 days after the day the notice is published. 1 (5) The notice is subordinate legislation. 2 (6) Only 1 notice may be published under subsection (2) for each 3 shortage of water or occurrence of a thing in harmful quantities in water. 4 (7) A person must not take water in contravention of the notice. 5 Maximum penalty for subsection (7)--1 665 penalty units. 6 may limit taking or interfering with water for 1 year 7 Regulation 23.(1) This section applies if-- 8 (a) there is a shortage of water; or 9 (b) there is a thing in harmful quantities in water. 10 (2) A regulation may-- 11 (a) reduce, for a particular purpose or otherwise, either or both of the 12 following-- 13 (i) the volume of water a person may take; 14 (ii) the rate at which, and the times when, a person may take 15 water; or 16 (b) reduce a person's entitlement to interfere with water; or 17 (c) prohibit the taking of, or interfering with, water. 18 (3) The reduction or prohibition has effect despite any authority a person 19 has under another provision of this Act. 20 (4) The regulation must state the period, not being more than 1 year, for 21 which the regulation has effect. 22 (5) A person must not take water in contravention of the regulation. 23 Maximum penalty for subsection (5)--1 665 penalty units. 24 and banks forming boundaries of watercourses and lakes are 25 Beds State property 26 24.(1) The bed and banks of all watercourses and lakes forming all or 27 part of the boundary of land are, and always have been, the property of the 28

s 25-34 39 s 35 Water State. 1 (2) Subsection (1) applies despite the alienation of land by the State. 2 (3) However, a person (the "owner") who may take water under 3 section 20(3)-- 4 (a) may exercise a right of access for himself or herself, the owner's 5 family, executive officers, employees, agents and stock over the 6 bed or banks of the watercourse or lake adjoining the owner's 7 land; and 8 (b) may exercise a right of grazing for the person's stock over the bed 9 or banks of the watercourse or lake adjoining the owner's land; 10 and 11 (c) may bring an action against a person who trespasses on the bed or 12 banks of the watercourse or lake adjoining the owner's land as if 13 the owner were the registered owner of the bed and banks. 14 numbers not used 15 Section 25-34. See footnote to section 1. 16 PART 3--WATER PLANNING 17 Division 1--Preliminary 18 recording and planning 19 Information 35. For advancing the purposes of this chapter-- 20 (a) the Minister must plan for the allocation and sustainable 21 management of water to meet Queensland's future water 22 requirements, including, for example, for the protection of natural 23 ecosystems and security of supply to water users; and 24 (b) the chief executive must provide information for planning 25 purposes by-- 26

s 36 40 s 37 Water (i) regularly measuring and keeping publicly available records 1 of the volume and quality of water in Queensland; and 2 (ii) collecting information on the water requirements of, and 3 impacts of water management on, natural ecosystems, 4 including, for example, from the department responsible for 5 administering the Environmental Protection Act 1994; and 6 (iii) collecting information about future water requirements; and 7 (c) the chief executive must plan for the sustainable management of 8 water use to minimise adverse impacts of water use on land and 9 water. 10 water information 11 Obtaining 36.(1) For planning under this part, the chief executive may give a person 12 who is authorised, or has an entitlement, to take, or interfere with, water 13 under this chapter a notice requiring information the person is required to 14 keep under a condition of the person's authority. 15 (2) The notice-- 16 (a) may be given at any time; and 17 (b) must state the reasonable time by which the information must be 18 given to the chief executive. 19 (3) The person must comply with the notice, unless the person has a 20 reasonable excuse. 21 Maximum penalty--200 penalty units. 22 (4) However, this section does not require the person to give information 23 if giving the information might tend to incriminate the person. 24 of commercially sensitive information 25 Non-disclosure 37.(1) This section applies if the information a person has given to the 26 chief executive under section 36 is of a commercially sensitive nature. 27 (2) The chief executive must not disclose the information to any person 28 other than the Minister. 29 (3) The Minister must not disclose to any person information the 30

s 38 41 s 38 Water Minister obtains under subsection (2). 1 (4) In this section-- 2 "commercially sensitive nature" means reasonably expected to adversely 3 affect a person's commercial activities. 4 Division 2--Water resource plans 5 1--Preparing and approving water resource plans 6 Subdivision may prepare water resource plans 7 Minister 38.(1) The Minister may prepare a water resource plan for any part of 8 Queensland to advance the sustainable management of water. 9 (2) Subject to subsection (6), only 1 water resource plan may have effect 10 for the part at any time. 11 (3) The plan may be prepared for, but is not limited to, the following 12 purposes-- 13 (a) to define the availability of water for any purpose; 14 (b) to provide a framework for sustainably managing water and the 15 taking of water; 16 (c) to identify priorities and mechanisms for dealing with future 17 water requirements; 18 (d) to provide a framework for establishing water allocations; 19 (e) to provide a framework for reversing, where practicable, 20 degradation that has occurred in natural ecosystems, including, for 21 example, stressed rivers. 22 (4) The plan must also regulate the taking of overland flow water if the 23 Minister is satisfied that-- 24 (a) if there is an existing water resource plan--there is a risk that 25 taking, or interfering with, overland flow water in the area may 26 significantly impact on the plan's outcomes; or 27 (b) there is a risk that taking, or interfering with, overland flow water 28

s 39 42 s 39 Water in the area may significantly affect-- 1 (i) the availability of water for existing water entitlement 2 holders; or 3 (ii) the water requirements of natural ecosystems; or 4 (iii) beneficial flooding; or 5 (c) changes in land use activities or intensification of land use in the 6 area are significantly affecting overland flow water; or 7 (d) there is a risk that proposed changes in land use activities in the 8 area are likely to significantly affect overland flow water. 9 (5) The plan must also regulate the taking of subartesian water if the 10 Minister is satisfied that-- 11 (a) if there is an existing water resource plan--there is a risk that 12 taking, or interfering with, subartesian water in the area may 13 significantly impact on the plan's outcomes; or 14 (b) there is a risk that taking, or interfering with, subartesian water in 15 the area may significantly affect-- 16 (i) the availability of water for existing water entitlement 17 holders; or 18 (ii) the water requirements of natural ecosystems; or 19 (iii) the quality of water. 20 (6) Two plans may have effect for the same part of Queensland at the 21 same time if-- 22 (a) one of the plans applies to-- 23 (i) artesian water; and 24 (ii) subartesian water connected to the artesian water; and 25 (iii) water in springs connected to the artesian water; and 26 (b) the other plan does not apply to water mentioned in paragraph (a). 27 must first prepare an information report 28 Minister 39. Before publishing a notice under section 40 the Minister must prepare 29

s 40 43 s 40 Water an information report about2-- 1 (a) water allocation and sustainable management issues in the 2 proposed plan area; and 3 (b) proposed arrangements for establishing a community reference 4 panel to provide advice about matters relevant to the preparation 5 of a draft water resource plan for the proposed plan area; and 6 (c) proposed arrangements for technical assessment using best 7 scientific information available and relevant to the preparation of a 8 draft water resource plan for the proposed plan area. 9 notice of proposal to prepare draft water resource plan 10 Public 40.(1) The Minister must publish a notice of the Minister's intention to 11 prepare a draft water resource plan for the proposed plan area. 12 (2) The notice must state the following-- 13 (a) the purpose and reasons for which the draft plan is being 14 prepared; 15 (b) the proposed plan area; 16 (c) the water in the proposed plan area to which the draft plan is 17 intended to apply; 18 (d) where copies of the information report are available for inspection 19 and purchase; 20 (e) that written submissions may be made by any entity about the 21 proposed draft plan and the establishment of a community 22 reference panel; 23 (f) a day by which submissions must be made, and the person to 24 whom, and the place where, the submissions must be made. 25 (3) The day stated under subsection (2)(f) must not be earlier than 26 30 business days after the day the notice is published. 27 (4) The Minister must send a copy of the notice to each local government 28 2 A copy of the report is available for public inspection and purchase under section 1010.

s 41 44 s 42 Water whose local government area includes all or part of the proposed plan area. 1 (5) A local government receiving a copy of the notice must make the 2 copy available for inspection by the public. 3 (6) The Minister may send a copy of the notice to any other entity the 4 Minister considers appropriate. 5 reference panels 6 Community 41.(1) On or after the day the notice is published under section 40, the 7 Minister must establish a community reference panel. 8 (2) A panel established under subsection (1) must include representatives 9 of cultural, economic and environmental interests in the proposed plan area. 10 notices 11 Moratorium 42.(1) On or after the day the notice is published under section 40, the 12 Minister may publish a further notice (a "moratorium notice"). 13 (2) The notice may state that if an application for the increased taking of, 14 or interfering with, water the subject of the proposed plan is made while the 15 moratorium notice has effect, the application-- 16 (a) will not be accepted; or 17 (b) will be accepted, but not dealt with. 18 (3) Subsection (2) applies even if the application was made before the 19 notice was published. 20 (4) For overland flow water and subartesian water not regulated by a 21 water resource plan, the notice may also state that while the moratorium 22 notice has effect-- 23 (a) new works must not be started; or 24 (b) completed works in existence must not be raised, enlarged or 25 deepened; or 26 (c) works that have been started may only be completed to the extent 27 stated in the notice. 28 (5) Subsection (4) applies only to the extent the works would increase the 29

s 43 45 s 44 Water taking of, or interfering with, the water. 1 (6) A person must not start the construction of works, or continue to 2 construct works, in contravention of subsection (4). 3 Maximum penalty--1 665 penalty units. 4 (7) The notice has effect until-- 5 (a) the Minister publishes a notice under section 52; or 6 (b) a final draft of the draft water resource plan, for which the notice 7 is published, is approved. 8 (8) For this section, works are not started unless-- 9 (a) construction of the works has physically commenced, or if 10 construction has not physically commenced, a contract has been 11 entered into for the imminent commencement of the construction; 12 and 13 (b) an independently verifiable construction program exists for 14 progressive construction towards completion of the works; and 15 (c) detailed design plans exist showing, among other things, the 16 extent of the works; and 17 (d) if a development permit is required for the works--the permit has 18 been given. 19 moratorium notices 20 Reviewing 43.(1) If the Minister is satisfied a moratorium notice should have effect 21 for more than 1 year, the Minister must review the notice within 1 year after 22 the day the notice was published. 23 (2) If, on the review, the Minister is satisfied the notice should be 24 amended, the Minister must amend the notice. 25 moratorium notices 26 Amending 44.(1) The Minister may amend the moratorium notice by publishing a 27 notice (the "amending notice") amending the moratorium notice. 28 (2) The amending notice may amend the moratorium notice to provide 29

s 45 46 s 46 Water for any matter for which the moratorium notice could have made provision. 1 (3) A person must not contravene the amended moratorium notice. 2 Maximum penalty--1 665 penalty units. 3 (4) On and after the day the amending notice is published, the 4 moratorium notice, as amended by the amending notice, is the moratorium 5 notice for the proposed plan area and has effect until-- 6 (a) the Minister publishes a notice under section 52; or 7 (b) a final draft of the draft water resource plan, for which the 8 moratorium notice is published, is approved. 9 (5) The amended moratorium notice applies to an application mentioned 10 in section 42(2), even if the application was made before the amending 11 notice was published. 12 to ss 42 and 52 13 Exceptions 45. Sections 42 and 52 do not apply to the following-- 14 (a) the issuing of water permits; 15 (b) the taking of water under section 20(2), (3), (4) or (5); 16 (c) any other matter exempted by the moratorium notice. 17 of draft water resource plans 18 Content 46.(1) The draft water resource plan must-- 19 (a) state the purpose of the draft plan; and 20 (b) contain a map of the proposed plan area; and 21 (c) state the water to which the draft plan is intended to apply; and 22 (d) state the water and natural ecosystem monitoring requirements to 23 assist in assessing the effectiveness of the proposed management 24 strategies in achieving the outcomes mentioned in paragraph (e); 25 and 26 (e) state outcomes, including, without limiting the requirement to 27 state outcomes, the ecological outcomes, for the sustainable 28 management of the water and strategies proposed to achieve the 29

s 46 47 s 46 Water outcomes to the extent possible from the best scientific 1 information available; and 2 (f) state the periodic reporting requirements for the draft plan; and 3 (g) include a schedule of proposed arrangements for implementing 4 the draft plan.3 5 (2) The draft plan may include, but is not limited to, the following-- 6 (a) a map or diagram, or series of maps or diagrams, showing water 7 information for the area; 8 (b) details of areas where taking, or interfering with, overland flow 9 water or subartesian water, or both, is intended to be regulated; 10 (c) the types of works for taking overland flow water or subartesian 11 water that are intended to be assessable development under the 12 Integrated Planning Act 1997; 13 (d) information about water available for future consumptive 14 purposes and the priorities for use or reservation of the water; 15 (e) a process for dealing with unallocated water to which the draft 16 plan is intended to apply; and 17 (f) criteria for sharing overland flow water; 18 (g) criteria for adjusting existing water entitlements to achieve the 19 plan outcomes; 20 (h) criteria for addressing degradation that has occurred in natural 21 ecosystems. 22 (3) If the draft plan provides a framework for establishing water 23 allocations, the draft plan must state the following-- 24 (a) environmental flow objectives; 25 (b) water allocation security objectives; 26 (c) performance indicators for environmental flow objectives and 27 water allocation security objectives; 28 (d) priority areas for the conversion to or granting of water 29 allocations. 30 3 See section 54.

s 47 48 s 47 Water the Minister must consider when preparing draft water 1 Matters resource plan 2 47. The Minister must consider the following when preparing the draft 3 water resource plan-- 4 (a) the State's water rights and the volume and quality of water; 5 (b) national, State and regional objectives and priorities for promoting 6 sustainable development; 7 (c) the duration, frequency, size and timing of water flows necessary 8 to support natural ecosystems as assessed using the best scientific 9 information available; 10 (d) the underground water levels and underground water recharge 11 processes necessary to support natural ecosystems; 12 (e) taking of water authorised under section 20; 13 (f) existing water entitlements; 14 (g) the State's future water requirements, including economic, 15 cultural and environmental requirements; 16 (h) cultural and economic values; 17 (i) advice from the community reference panel; 18 (j) technical assessments for the draft plan; 19 (k) the effects the draft plan will have on water not covered by the 20 draft plan; 21 (l) the effects the taking, or interfering with, water not covered by the 22 draft plan will have on water covered by the draft plan; 23 (m) environmental values established under the Environmental 24 Protection (Water Policy) 1997; 25 (n) the sustainable resource management strategies and policies for 26 the catchment or underground water basin, including, any relevant 27 coastal zone; 28 (o) all properly made submissions about the proposed draft plan; 29 (p) the public interest. 30

s 48 49 s 50 Water report 1 Overview 48.(1) On or before a notice is published under section 49, the Minister 2 must prepare an overview report about the proposed draft plan.4 3 (2) The report must summarise any assessments and findings about 4 matters mentioned in section 47 that are available at the time the report is 5 prepared. 6 notice about availability of draft water resource plan 7 Public 49.(1) The Minister must publish a notice when the draft water resource 8 plan has been prepared. 9 (2) The notice must state the following-- 10 (a) where copies of the draft plan may be inspected and, on payment 11 of a fee, purchased; 12 (b) that written submissions may be made by any entity about the 13 draft plan; 14 (c) a day by which submissions must be made, and the person to 15 whom, and the place where, the submissions must be made. 16 (3) The day stated under subsection (2)(c) must not be earlier than 17 30 business days after the day the notice is published. 18 (4) The Minister must send a copy of the notice and the draft plan to each 19 local government whose local government area includes all or part of the 20 proposed plan area. 21 (5) A local government receiving a copy of the draft plan must make the 22 copy available for inspection by the public. 23 (6) The Minister may send a copy of the notice to any other entity the 24 Minister considers appropriate. 25 and approving final draft water resource plan 26 Preparing 50.(1) In preparing the final draft water resource plan, the Minister must 27 4 A copy of the report is available for public inspection and purchase under section 1010.

s 51 50 s 52 Water consider all properly made submissions about the draft plan. 1 (2) The Governor in Council may approve the final draft water resource 2 plan. 3 (3) A plan approved under subsection (2) is-- 4 (a) subordinate legislation; and 5 (b) a water resource plan for the plan area.5 6 must prepare report on consultation process 7 Minister 51.(1) Within 30 business days after the water resource plan is approved, 8 the Minister must prepare a report about the plan.6 9 (2) The report must include a summary of issues raised during the 10 consultation process and how the issues have been dealt with. 11 notice of intention not to proceed with making draft water 12 Public resource plan 13 52.(1) This section applies if the Minister decides not to proceed with the 14 preparation of a final draft water resource plan. 15 (2) The Minister must publish a notice advising of the decision and the 16 reasons for the decision. 17 (3) The Minister must send a copy of the notice to each local government 18 or other entity to whom the Minister sent a notice-- 19 (a) about the proposed preparation of the draft plan; and 20 (b) if a draft plan was prepared--about the draft plan. 21 (4) A local government receiving a copy of the notice must make the 22 copy available for inspection by the public. 23 5 For expiry of plan, see Statutory Instruments Act 1992, section 54 (When subordinate legislation expires). 6 A copy of the report is available for public inspection and purchase under section 1010.

s 53 51 s 55 Water 2--Periodic reports and accountability matters 1 Subdivision must report on all water resource plans 2 Minister 53.(1) The Minister must prepare a report on each water resource plan. 3 (2) The report must be for the period, and within the time, stated in the 4 plan.7 5 the reports must include 6 Matters 54. Each report must include, for the reporting period, the following 7 matters-- 8 (a) a summary of the findings of research and monitoring for the 9 plan; 10 (b) an assessment of the effectiveness of the implementation of the 11 plan in meeting the plan's objectives; 12 (c) an assessment of whether the plan's objectives, having regard to 13 any new information available about water that is the subject of 14 the plan, are continuing to promote the purpose of the Act; 15 (d) a summary of total water entitlements covered by the plan; 16 (e) information about any non-compliance with the plan and its 17 resource operations plan; 18 (f) particulars of any changes made to the plan. 19 3--Amending or preparing new, water resource plans 20 Subdivision water resource plans may be amended or replaced 21 When 55.(1) The Minister may-- 22 (a) amend a water resource plan; or 23 (b) prepare a new water resource plan to replace an existing water 24 7 A copy of each report is available for public inspection and purchase under section 1010.

s 56 52 s 57 Water resource plan. 1 (2) The Minister must act under subsection (1) if the Minister is satisfied 2 a report prepared under subdivision 2 shows a water resource plan's 3 environmental flow objectives or water allocation security objectives are-- 4 (a) no longer appropriate for its plan area; or 5 (b) not being met. 6 (3) The Minister must act under subsection (1)(b) before the existing 7 water resource plan expires. 8 amending or new draft water resource plan 9 Preparing 56.(1) For preparing the amending water resource plan, sections 38 to 52 10 apply-- 11 (a) as if a reference in the sections to the draft plan were a reference to 12 the amending plan; and 13 (b) with any other necessary changes. 14 (2) For preparing the new draft water resource plan, sections 38 to 52 15 also apply. 16 (3) Without limiting subsection (1) or (2), the amending plan or new 17 draft plan may-- 18 (a) change the existing boundaries of the plan area; or 19 (b) amalgamate the water resource plan with another water resource 20 plan or part of another water resource plan; or 21 (c) change or extend the stated purpose of the water resource plan. 22 amendment of water resource plan 23 Minor 57. Despite section 56, the Governor in Council may approve a plan to 24 amend a water resource plan without sections 40 to 52 applying if-- 25 (a) the amending plan is only to correct a minor error in the water 26 resource plan, or make another change that is not a change of 27 substance; or 28 (b) the water resource plan states that an amendment of a stated type 29

s 58 53 s 60 Water may be made to the water resource plan by amendment under this 1 subsection--to make an amendment of the stated type. 2 4--General 3 Subdivision regulatory impact statement for water resource plans 4 No 58. A regulatory impact statement under the Statutory Instruments Act 5 1992 need not be prepared for the approval of a water resource plan or a 6 plan amending a water resource plan. 7 Division 3--Managing water use 8 1--Preliminary 9 Subdivision of div 3 10 Purpose 59. The purpose of this division is to allow for the regulation of water use 11 if there is a risk of land and water degradation. 12 2--Preparing and approving water use plans 13 Subdivision may prepare water use plans 14 Minister 60.(1) The Minister may prepare a water use plan for any part of 15 Queensland if the Minister is satisfied there are risks that water use in a 16 particular area of Queensland may cause negative effects on land and water 17 resources, including, but not limited to, the following-- 18 (a) rising underground water levels; 19 (b) increasing salinisation; 20 (c) deteriorating water quality; 21 (d) water logging of soils; 22 (e) destabilisation of bed and banks of watercourses; 23

s 61 54 s 61 Water (f) damage to riverine environment; 1 (g) increasing soil erosion. 2 (2) Only 1 water use plan may have effect for the part at any time. 3 (3) However, before preparing a water use plan, the Minister must 4 prepare a draft water use plan. 5 notice of proposal to prepare draft water use plan 6 Public 61.(1) The Minister must publish a notice of the Minister's intention to 7 prepare a draft water use plan for the proposed plan area. 8 (2) The notice must state the following-- 9 (a) the purpose for which the draft plan is to be prepared, including, 10 for example, the risk to natural ecosystems arising from the use 11 of water on land; 12 (b) the proposed plan area; 13 (c) details of how it is intended that community and technical 14 consultation for the preparation of the proposed draft plan will 15 take place; 16 (d) that written submissions may be made by any entity about the 17 proposed draft plan; 18 (e) a day by which submissions must be made, and the person to 19 whom, and the place where, the submissions must be made. 20 (3) The day stated under subsection (2)(e) must not be earlier than 21 30 business days after the day the notice is published. 22 (4) The Minister must send a copy of the notice to each local government 23 whose local government area includes all or part of the proposed plan area. 24 (5) A local government receiving a copy of the notice must make the 25 copy available for inspection by the public. 26 (6) The Minister may send a copy of the notice to any other entity the 27 Minister considers appropriate. 28

s 62 55 s 64 Water of draft water use plans 1 Content 62.(1) The draft water use plan must-- 2 (a) state the purpose of the draft plan; and 3 (b) contain a map of the proposed plan area; and 4 (c) state the types of water use that are subject to the plan; and 5 (d) state standards for water use practices; and 6 (e) state objectives for water use efficiency, water reuse and water 7 quality; and 8 (f) state the monitoring requirements and responsibilities. 9 (2) The draft plan may include, but is not limited to, the following-- 10 (a) a description of land within the proposed plan area for which a 11 land and water management plan must be approved for the use of 12 water for irrigation; 13 (b) schedules for the progressive implementation of the draft plan's 14 requirements. 15 the Minister must consider when preparing draft water use 16 Matters plan 17 63. The Minister must consider the following matters when preparing the 18 draft water use plan-- 19 (a) changes to water use practices that will reduce the risk to land and 20 water resources arising from the use of water on land; 21 (b) existing industry codes of practice for water use. 22 notice about availability of draft water use plan 23 Public 64.(1) The Minister must publish a notice when the draft water use plan 24 has been prepared. 25 (2) The notice must state the following-- 26 (a) where copies of the draft plan may be inspected and, on payment 27 of a fee, purchased; 28

s 65 56 s 66 Water (b) that written submissions may be made by any entity about the 1 draft plan; 2 (c) a day by which submissions must be made, and the person to 3 whom, and the place where, the submissions must be made. 4 (3) The day stated under subsection (2)(c) must not be earlier than 5 30 business days after the day the notice is published. 6 (4) The Minister must send a copy of the notice and the draft plan to each 7 local government whose local government area includes all or part of the 8 proposed plan area. 9 (5) A local government receiving a copy of the draft plan must make the 10 copy available for inspection by the public. 11 (6) The Minister may send a copy of the notice to any other entity the 12 Minister considers appropriate. 13 and approving final draft water use plan 14 Preparing 65.(1) In preparing the final draft water use plan, the Minister must 15 consider all properly made submissions about the draft plan. 16 (2) The Governor in Council may approve the final draft water use plan. 17 (3) A plan approved under subsection (2) is-- 18 (a) subordinate legislation; and 19 (b) the water use plan for the plan area.8 20 notice of content of water use plan 21 Public 66. As soon as practicable after the final draft water use plan is approved, 22 the chief executive must-- 23 (a) publicly notify the requirements of the plan for water users; and 24 (b) conduct public meetings to explain the requirements. 25 8 For expiry of plan, see Statutory Instruments Act 1992, section 54 (When subordinate legislation expires).

s 67 57 s 69 Water notice of intention not to proceed with making of draft water 1 Public use plan 2 67.(1) This section applies if the Minister decides not to proceed with the 3 preparation of a final draft water use plan. 4 (2) The Minister must publish a notice advising of the decision and the 5 reasons for the decision. 6 (3) The Minister must send a copy of the notice to each local government 7 or other entity to whom the Minister sent a notice-- 8 (a) about the proposed preparation of the draft plan; and 9 (b) if a draft plan was prepared--about the draft plan. 10 (4) A local government receiving a copy of the notice must make the 11 copy available for inspection by the public. 12 3--Amending or preparing new, water use plans 13 Subdivision water use plans may be amended or replaced 14 When 68.(1) The Minister may-- 15 (a) amend a water use plan; or 16 (b) prepare a new water use plan to replace an existing water use plan. 17 (2) The Minister must act under subsection (1) if the Minister is satisfied 18 a water use plan is not addressing the risk to land and water arising from the 19 use of water on land in the plan area. 20 amending or new draft water use plan 21 Preparing 69.(1) For preparing the amending plan, sections 61 to 67 apply-- 22 (a) as if a reference in the sections to the draft plan were a reference to 23 the amending plan; and 24 (b) with any other necessary changes. 25 (2) For preparing the new draft water use plan, sections 61 to 67 also 26 apply. 27

s 70 58 s 72 Water amendment of water use plan 1 Minor 70. Despite section 69, the Governor in Council may approve a plan to 2 amend a water use plan without sections 61 to 67 applying-- 3 (a) if the amending plan is only to correct a minor error in the water 4 use plan, or make another change that is not a change of 5 substance; or 6 (b) if the water use plan states that an amendment of a stated type 7 may be made to the water use plan by amendment under this 8 subsection--to make an amendment of the stated type. 9 regulatory impact statement for water use plans 10 No 71. A regulatory impact statement under the Statutory Instruments Act 11 1992 need not be prepared for the approval of a water use plan or a plan 12 amending a water use plan. 13 Subdivision 4--Preparing and approving land and water management 14 plans 15 guidelines for preparing land and water management plans 16 Preparing 72.(1) The chief executive may issue guidelines for preparing land and 17 water management plans. 18 (2) Before issuing the guidelines the chief executive must-- 19 (a) prepare draft guidelines; and 20 (b) publish a notice when the draft guidelines have been prepared. 21 (3) The notice must state the following-- 22 (a) where copies of the draft guidelines may be inspected and, on 23 payment of a fee, purchased; 24 (b) that written submissions may be made by any entity about the 25 draft guidelines; 26 (c) a day by which submissions must be made, and the person to 27 whom, and the place where, the submissions must be made. 28

s 73 59 s 73 Water (4) The day stated under subsection (3)(c) must not be earlier than 1 30 business days after the day the notice is published. 2 (5) The chief executive may send a copy of the notice to any entity the 3 chief executive considers appropriate. 4 (6) The chief executive may amend any guidelines issued by following 5 the procedures stated in subsections (2) to (5). 6 for land and water management plans 7 Requirement 73.(1) Subsection (3) applies to the following persons-- 8 (a) a person proposing to use, for irrigation, water taken under a 9 water allocation or an interim water allocation; 10 (b) a person using for irrigation water on land identified in a water 11 use plan as land on which irrigation must only be carried out 12 under an approved land and water management plan. 13 (2) Subsection (1)(a) does not apply to the person-- 14 (a) if the person was granted a water allocation under section 121; or 15 (b) if the person was granted, or taken to have been granted, an 16 interim water allocation under section 189 or chapter 9, part 4; or 17 (c) if-- 18 (i) the person acquires from another person an existing 19 enterprise comprising either land and the water allocation to 20 irrigate the land or land to which an interim water allocation 21 attaches; and 22 (ii) subsection (1) did not apply to the other person for the 23 allocation or interim water allocation at the time of the 24 acquisition; or 25 (d) if-- 26 (i) the person uses water for irrigating land; and 27 (ii) there is a water use plan; and 28 (iii) the water use plan does not require a land and water 29 management plan for the land. 30

s 74 60 s 76 Water (3) A person to whom subsection (1) applies must not use the water 1 from the water allocation or interim water allocation for irrigation unless the 2 person has-- 3 (a) an approved land and water management plan for the use of the 4 water on the land; or 5 (b) a deferral under subdivision 6. 6 Maximum penalty--1 665 penalty units. 7 for approval of land and water management plans 8 Applying 74.(1) Any person may apply for the approval of a land and water 9 management plan for the use of water on land. 10 (2) The plan must be prepared in accordance with the guidelines, if any, 11 issued under section 72. 12 (3) The application must be-- 13 (a) made to the chief executive in the approved form; and 14 (b) supported by sufficient information to enable the chief executive 15 to decide the application; and 16 (c) accompanied by the fee prescribed under a regulation. 17 information may be required 18 Additional 75. The chief executive may require-- 19 (a) the applicant to give additional information about the application; 20 or 21 (b) any information included in the application, or any additional 22 information required under paragraph (a), to be verified by 23 statutory declaration. 24 for deciding application for approval of land and water 25 Criteria management plan 26 76. In deciding whether to approve or refuse to approve the plan, the 27 chief executive must consider the following-- 28

s 77 61 s 77 Water (a) consistency with any guidelines for the preparation of land and 1 water management plans issued by the chief executive; 2 (b) the application and additional information given in relation to the 3 application; 4 (c) the risk to land and water arising from the use of water on the 5 land; 6 (d) existing industry codes of practice for water use; 7 (e) policies developed in consultation with local communities for the 8 use of water; 9 (f) the public interest. 10 application for approval of land and water management 11 Deciding plan 12 77.(1) If the chief executive is satisfied the plan should be approved, the 13 chief executive must-- 14 (a) approve the plan for a stated period of not more than 10 years; or 15 (b) approve the plan, as amended by the chief executive, for a stated 16 period of not more than 10 years. 17 (2) If the chief executive is not satisfied the plan should be approved, the 18 chief executive must refuse to approve the plan. 19 (3) Within 30 business days after deciding the application, the chief 20 executive must give the applicant an information notice. 21 (4) If the chief executive approves the plan, with or without amendment, 22 the chief executive must, within 30 business days after approving the plan, 23 give the applicant a copy of the approved plan. 24 (5) The land and water management plan has effect from the day the 25 chief executive gives the applicant the information notice. 26

s 78 62 s 80 Water Subdivision 5--Amending land and water management plans 1 land and water management plans 2 Amending 78.(1) Any person may apply to amend a land and water management 3 plan. 4 (2) The application must be dealt with under sections 74 to 77 as if it 5 were an application for approval of a land and water management plan. 6 6--Deferring requirement for approved land and water 7 Subdivision management plans 8 to defer requirement for an approved land and water 9 Applying management plan 10 79.(1) A person required to have an approved land and water 11 management plan may apply for a deferral of the requirement. 12 (2) The application must be-- 13 (a) made to the chief executive in the approved form; and 14 (b) supported by sufficient information to enable the chief executive 15 to decide the application; and 16 (c) accompanied by the fee prescribed under a regulation. 17 information may be required 18 Additional 80. The chief executive may require-- 19 (a) the applicant to give additional information about the application; 20 or 21 (b) any information included in the application, or any additional 22 information required under paragraph (a), to be verified by 23 statutory declaration. 24

s 81 63 s 83-93 Water for deciding application to defer requirement for an approved 1 Criteria land and water management plan 2 81. In deciding whether to approve or refuse the application, the chief 3 executive must consider the following-- 4 (a) the hardship the applicant would suffer if the application were not 5 granted; 6 (b) the susceptibility of the land and water, the subject of the 7 application, to degradation; 8 (c) the application and additional information given in relation to the 9 application; 10 (d) the public interest. 11 application to defer land and water management plan 12 Deciding requirements 13 82.(1) If the chief executive is satisfied the application should be 14 approved, the chief executive must approve the application and defer the 15 requirement under section 73(3) for a stated period of not more than 1 year. 16 (2) More than 1 application may be made under subsection (1). 17 (3) However, the approval of an application under subsection (1) must 18 not defer the requirement under section 73(3) beyond 1 year after the day 19 the applicant first applied under subsection (1). 20 (4) If the chief executive is not satisfied an application should be 21 approved, the chief executive must refuse the application. 22 (5) Within 10 business days after deciding the application, the chief 23 executive must give the applicant an information notice. 24 (6) The deferral has effect from the day the chief executive gives the 25 applicant the information notice. 26 numbers not used 27 Section 83-93. See footnote to section 1. 28

s 94 64 s 95 Water ART 4--IMPLEMENTING WATER RESOURCE 1 P PLANS 2 Division 1--Preliminary 3 of pt 4 4 Purpose 94. The purpose of this part is to-- 5 (a) implement water resource plans through-- 6 (i) the preparation of resource operations plans; and 7 (ii) the granting of resource operations licences; and 8 (iii) the conversion of certain existing water licences and interim 9 water allocations to water allocations; and 10 (iv) the granting of water allocations; and 11 (b) allow for the registration of, and dealings with, water allocations. 12 2--Resource operations plans 13 Division Subdivision 1--Preparing and approving resource operations plans 14 executive may prepare resource operations plans 15 Chief 95.(1) The chief executive may prepare a resource operations plan to 16 implement a water resource plan for any water in the plan area in all or part 17 of the plan area. 18 (2) Only 1 resource operations plan may have effect for each water 19 resource plan at any time. 20 (3) However, before preparing a resource operations plan, the chief 21 executive must prepare a draft resource operations plan. 22

s 96 65 s 97 Water notice of proposal to prepare draft resource operations plan 1 Public 96.(1) The chief executive must publish a notice of the chief executive's 2 intention to prepare a draft resource operations plan. 3 (2) The notice must state the following-- 4 (a) the proposed plan area; 5 (b) the water to which the draft plan is intended to apply; 6 (c) details of how it is intended that community and technical 7 consultation for the preparation of the draft plan will take place; 8 (d) that written submissions may be made by any entity about the 9 proposed draft plan; 10 (e) a day by which submissions must be made, and the person to 11 whom, and the place where, the submissions must be made. 12 (3) The day stated under subsection (2)(e) must not be earlier than 13 30 business days after the day the notice is published. 14 (4) As soon as practicable after the notice is published, the chief executive 15 must explain, by letter or public meetings, the implications of the notice to 16 as many affected water entitlement holders as possible. 17 (5) The chief executive must send a copy of the notice to each local 18 government whose local government area includes all or part of the 19 proposed plan area. 20 (6) A local government receiving a copy of the notice must make the 21 copy available for inspection by the public. 22 (7) The chief executive may send a copy of the notice to any other entity 23 the chief executive considers appropriate. 24 of proposal to water infrastructure operators 25 Notice 97.(1) The chief executive must also give each holder of an interim 26 resource operations licence, a resource operations licence or other 27 authorisation to operate water infrastructure for the management of water to 28 which the plan applies a notice requesting the holder to provide proposed 29 operating arrangements for the water infrastructure. 30 (2) The arrangements must demonstrate how the holder proposes to 31

s 98 66 s 98 Water operate the infrastructure in accordance with the water resource plan. 1 (3) The notice must state a day by which proposals must be made, and 2 the person to whom, and the place where, the proposals must be made. 3 (4) The day stated under subsection (3) must not be earlier than 4 30 business days after the day the notice is given. 5 of draft resource operations plan 6 Content 98.(1) The draft resource operations plan must-- 7 (a) state the water resource plan for which the draft plan is being 8 prepared; and 9 (b) contain a map of the proposed plan area; and 10 (c) state the water to which the draft plan is intended to apply; and 11 (d) identify any water infrastructure to which the draft plan is 12 intended to apply and how it will be operated; and 13 (e) state how the chief executive will sustainably manage water to 14 which the draft plan is intended to apply; and 15 (f) state the water and natural ecosystem monitoring practices that 16 will apply in the proposed plan area; and 17 (g) state how the draft plan addresses water resource plan outcomes. 18 (2) The draft plan may include, but is not limited to, the following-- 19 (a) a map or diagram, or a series of maps or diagrams, showing 20 water information for the proposed plan area; and 21 (b) environmental management rules, seasonal water assignment 22 rules and water sharing rules for the water to which the draft plan 23 is intended to apply; and 24 (c) a process for dealing with unallocated water to which the draft 25 plan is intended to apply; and 26 (d) a process for meeting future water requirements in the plan area; 27 and 28 (e) details of any changes to be made to water entitlements; and 29 (f) an implementation schedule setting out arrangements for 30

s 99 67 s 99 Water progressive implementation of the requirements of the plan over a 1 period of up to 5 years. 2 (3) If the draft plan provides for the regulating of overland flow water, 3 the draft plan must set a minimum share of overland flow water that each 4 owner of land in the proposed plan area may take. 5 (4) Also, if the draft plan provides for water allocations, the draft plan 6 must state the following-- 7 (a) the rules for, and details of, any proposed conversions of existing 8 water licences and interim water allocations to water allocations; 9 (b) the environmental management rules, water sharing rules, water 10 allocation transfer rules and seasonal water assignment rules for 11 water to which the draft plan is intended to apply. 12 (5) The water allocation transfer rules may contain limits on the volume 13 of water that may be transferred-- 14 (a) between different locations whether in or outside Queensland; or 15 (b) for different purposes. 16 the chief executive must consider when preparing draft 17 Matters resource operations plan 18 99. The chief executive must consider the following for the proposed 19 plan area when preparing the draft resource operations plan-- 20 (a) the-- 21 (i) water resource plan or draft water resource plan; or 22 (ii) if notice of a draft amendment of the existing plan has been 23 published under section 49--existing plan as it would be if 24 amended by the amendment mentioned in the notice; or 25 (iii) if notice of a new draft plan has been published under 26 section 49--new draft plan mentioned in the notice; 27 (b) all properly made submissions about the proposed draft plan; 28 (c) proposed operating arrangements mentioned in section 97; 29 (d) the public interest. 30

s 100 68 s 101 Water notice about availability of draft resource operations plan 1 Public 100.(1) The chief executive must publish a notice when the draft resource 2 operations plan has been prepared. 3 (2) The notice must state the following-- 4 (a) where copies of the draft plan are available for inspection and 5 purchase; 6 (b) that written submissions may be made by any entity about the 7 draft plan; 8 (c) a day by which submissions must be made and any notice under 9 section 100 given, and the person to whom, and the place where, 10 the submissions must be made or notice given. 11 (3) The day stated under subsection (2)(c) must not be earlier than 12 30 business days after the day the notice is published. 13 (4) As soon as practicable after the notice is published, the chief executive 14 must explain, by letter or public meetings, the implications of the notice to 15 as many affected water entitlement holders as possible. 16 (5) The chief executive must send a copy of the notice and draft plan to-- 17 (a) each local government whose local government area includes all 18 or part of the proposed plan area; and 19 (b) each holder who made a proposal under section 97. 20 (6) A local government receiving a copy of the draft plan must make the 21 copy available for inspection by the public. 22 (7) The chief executive may send a copy of the notice to any other entity 23 the chief executive considers appropriate. 24 requirements for notices for draft resource operations 25 Additional plans that establish water allocations 26 101. If the draft plan allows for water allocations to be granted, the notice 27 published under section 100 must also state that-- 28 (a) any existing water entitlement holders may give the chief 29 executive a notice in the approved form stating the holders wish to 30 be recorded on the water allocations register other than as tenants 31

s 102 69 s 102 Water in common in equal shares; and9 1 (b) existing interest holders may give the chief executive a notice in 2 the approved form-- 3 (i) if the water entitlement holder consents to the interest being 4 recorded on the water allocations register for the proposed 5 water allocation--stating the interest holder wishes to have 6 their interest recorded; or 7 (ii) stating the interest holder intends to take action to have their 8 interest recorded on the water allocations register. 9 submissions about draft resource operations plan 10 Reviewing 102.(1) This section applies if a properly made submission about a draft 11 resource operations plan requests a change be made to-- 12 (a) a proposed water allocation; or 13 (b) an environmental management rule; or 14 (c) a water sharing rule; or 15 (d) an implementation schedule. 16 (2) After the last day for the making of submissions about the draft 17 resource operations plan, the chief executive must-- 18 (a) collate information about all properly made submissions made 19 about matters mentioned in subsection (1); and 20 (b) if a referral panel has not been established under section 1004 to 21 advise on the draft resource operations plan--establish a panel; 22 and 23 (c) give the collated information to the panel. 24 (3) The panel must review the draft plan and the submissions and make 25 recommendations to the chief executive within 30 business days after 26 receiving the collated information from the chief executive. 27 (4) However, subsection (2) does not apply for a submission if the chief 28 executive is satisfied that-- 29 9 See section 138(2) and 139(3).

s 103 70 s 104 Water (a) the submission made about a matter mentioned in subsection (1) 1 is inconsistent with the water resource plan; or 2 (b) the draft resource operations plan should be amended in 3 accordance with the submission. 4 and approving final draft resource operations plan 5 Preparing 103.(1) In preparing the final draft resource operations plan, the chief 6 executive must consider-- 7 (a) all properly made submissions about the draft plan; and 8 (b) if section 102 applies, the recommendations of the referral panel. 9 (2) If the final draft resource operations plan is not inconsistent with the 10 water resource plan, the Governor in Council may approve the final draft 11 resource operations plan. 12 (3) A plan approved under subsection (2)-- 13 (a) does not have effect until its approval is notified in the gazette; and 14 (b) is the resource operations plan for the water resource plan it 15 implements. 16 notice of intention not to proceed with making of draft resource 17 Public operations plan 18 104.(1) This section applies if the chief executive decides not to proceed 19 with the preparation of a final draft resource operations plan. 20 (2) The chief executive must publish a notice advising of the decision and 21 the reasons for the decision. 22 (3) The chief executive must send a copy of the notice to each local 23 government or other entity to whom the chief executive sent a notice-- 24 (a) about the proposed preparation of the draft plan; and 25 (b) if the draft plan was prepared--about the draft plan having been 26 prepared. 27 (4) A local government receiving a copy of the notice must make the 28 copy available for inspection by the public. 29

s 105 71 s 106 Water Subdivision 2--Amending resource operations plans 1 resource operations plan 2 Amending 105.(1) The chief executive may amend a resource operations plan. 3 (2) If because of an amendment to a water resource plan a resource 4 operations plan is inconsistent with the water resource plan, the chief 5 executive must amend the resource operations plan to ensure it is not 6 inconsistent with the water resource plan. 7 (3) Sections 95 to 104 must be followed for preparing the amendment-- 8 (a) as if a reference in the sections to preparing a draft plan were a 9 reference to preparing the amendment; and 10 (b) with any other necessary changes. 11 (4) Without limiting subsections (1) or (2), the amendment may-- 12 (a) change the plan area; or 13 (b) amalgamate the resource operations plan with another resource 14 operations plan or part of another resource operations plan; or 15 (c) change the water infrastructure operating arrangements and other 16 requirements of the plan. 17 amendment of resource operations plan 18 Minor 106. Despite section 105(3), the Governor in Council may approve an 19 amendment of a resource operations plan without sections 95 to 104 20 applying if-- 21 (a) the amendment is only to correct a minor error in the plan, or 22 make another change that is not a change of substance; or 23 (b) if the plan states that an amendment of a stated type may be made 24 to the plan by amendment under this subsection--to make an 25 amendment of the stated type. 26

s 107 72 s 109 Water Division 3--Resource operations licences 1 1--Granting resource operations licences 2 Subdivision interim resource operations licences 3 Converting 107. On and from the day a resource operations plan has effect-- 4 (a) all interim resource operations licences for water infrastructure for 5 the management of water to which the plan applies cease to have 6 effect; and 7 (b) the chief executive must grant to each interim resource operations 8 holder a resource operations licence, in the approved form and in 9 accordance with the plan, for the water infrastructure the holder 10 operates and to which the plan applies. 11 resource operations licences 12 Granting 108.(1) Subsection (2) applies if a resource operations plan states a 13 process for the granting of a resource operations licence to meet future water 14 requirements. 15 (2) The chief executive must follow the process and grant the licence in 16 accordance with the process. 17 (3) Within 30 business days after the chief executive grants the licence, 18 the chief executive must give the grantee the licence and an information 19 notice about the granting of the licence. 20 (4) The licence has effect on the day stated in the licence. 21 2--Content and conditions of resource operations licences 22 Subdivision of resource operations licence 23 Content 109. The licence must state, but is not limited to, the following-- 24 (a) details of the licence holder; 25 (b) the resource operations plan to which the licence relates; 26

s 110 73 s 111 Water (c) the water infrastructure to which the licence applies; 1 (d) any conditions the holder must comply with, including, the 2 operating arrangements and the supply requirements of the 3 resource operations plan that relate to the holder. 4 of resource operations licence 5 Conditions 110.(1) It is a condition of a resource operations licence that the licence 6 holder must comply with the operating arrangements and supply 7 requirements of the resource operations plan that relate to the holder. 8 (2) In addition to subsection (1), a condition of a licence may-- 9 (a) require the holder to do all or any of the following-- 10 (i) carry out and report on a stated monitoring program; 11 (ii) give relevant information reasonably required by the chief 12 executive for the administration or enforcement of this Act; 13 (iii) pay the fees prescribed under a regulation; and 14 (b) prohibit the holder from changing, replacing or operating the 15 water infrastructure if the change, replacement or operation of the 16 water infrastructure is incompatible with environmental flow 17 objectives or water allocation security objectives. 18 3--Amending resource operations licences 19 Subdivision a resource operations licence for consistency with a 20 Amending resource operations plan 21 111.(1) The chief executive must amend a resource operations licence if, 22 because of an amendment to the resource operations plan, the licence is 23 inconsistent with the plan. 24 (2) As soon as possible after the amendment is approved, the chief 25 executive must-- 26 (a) amend the licence to ensure it is consistent with the plan; and 27 (b) give the licence holder an information notice stating the aspects of 28 the existing licence that are inconsistent with the amended plan; 29

s 112 74 s 113 Water and 1 (c) give the holder an amended licence in the approved form. 2 (3) The amended licence takes effect from the day the chief executive 3 gives the holder the notice. 4 amendments chief executive may make to resource operations 5 Other licence 6 112.(1) The chief executive may amend a condition of a resource 7 operations licence if the chief executive is satisfied-- 8 (a) the licence was granted because of a materially false or misleading 9 representation or declaration (made either orally or in writing); or 10 (b) the licence holder has contravened this Act. 11 (2) Before the chief executive acts under subsection (1), the chief 12 executive must give the holder a show cause notice about the proposed 13 amendment. 14 (3) In deciding whether to amend the condition, the chief executive must 15 consider any properly made submission about the proposed amendment. 16 (4) If the chief executive is satisfied the proposed amendment should be 17 made, the chief executive must give the holder-- 18 (a) an amended licence in the approved form; and 19 (b) an information notice. 20 (5) If the chief executive is not satisfied the amendment should be made, 21 the chief executive must give the holder notice that the licence will not be 22 amended. 23 (6) The amended licence takes effect from the day the chief executive 24 gives the holder the information notice. 25 amendment of resource operations licence 26 Minor 113.(1) The chief executive may amend a resource operations licence 27 without complying with the provisions of this division about amending a 28 resource operations licence if the amendment is only-- 29

s 114 75 s 115 Water (a) to correct a minor error in the licence, or make another change that 1 is not a change of substance; or 2 (b) if the licence states that an amendment of a stated type may be 3 made to the licence by amendment under this subsection--to 4 make an amendment of the stated type; or 5 (c) if the licence holder agrees to the amendment. 6 (2) If the chief executive amends a licence under subsection (1), the chief 7 executive must, within 30 business days of amending the licence, give the 8 holder an amended licence in the approved form. 9 4--Transferring resource operations licences 10 Subdivision for transfer of resource operations licence 11 Applying 114.(1) A resource operations licence holder may apply to the chief 12 executive to transfer the licence or a part of the licence. 13 (2) The application must be-- 14 (a) made to the chief executive by the transferor in the approved 15 form; and 16 (b) supported by sufficient information to enable the chief executive 17 to decide the application; and 18 (c) accompanied by the fee prescribed under a regulation. 19 information may be required 20 Additional 115. The chief executive may require-- 21 (a) the applicant to give additional information about the application; 22 or 23 (b) any information included in the application, or any additional 24 information required under paragraph (a), to be verified by 25 statutory declaration. 26

s 116 76 s 118 Water application to transfer resource operations licence 1 Deciding 116. The chief executive must decide the application within 30 business 2 days after the application day. 3 application to transfer resource operations licence 4 Approving 117.(1) If the chief executive decides to approve the application, the chief 5 executive must, within 30 business days after making the decision-- 6 (a) give the transferor and transferee an information notice about the 7 approval; and 8 (b) cancel the existing licence and give a new licence to the transferee. 9 (2) If the application was not to transfer all of a resource operations 10 licence, the chief executive must, within 30 business days after making the 11 decision, give the transferor an amended resource operations licence for the 12 part not transferred. 13 (3) The new licence takes effect from the day the notice is given. 14 application to transfer resource operations licence 15 Refusing 118.(1) The chief executive may refuse an application for the transfer of a 16 resource operations licence if the chief executive is satisfied the transferee 17 does not have the necessary expertise or experience to be a licence holder or 18 is not a suitable person to hold the licence, including, for example-- 19 (a) if the transferee has been convicted of an offence against this Act 20 or an interstate law, or has held a resource operations licence or 21 interstate resource operations licence that has been cancelled or 22 suspended under this Act or an interstate law; or 23 (b) if the transferee is a corporation--an executive officer of the 24 corporation-- 25 (i) has been convicted of an offence against this Act or an 26 interstate law, or has held a resource operations licence or 27 interstate resource operations licence that has been cancelled 28 or suspended under this Act or an interstate law; or 29 (ii) is or has been an executive officer of another corporation that 30 has been convicted of an offence against this Act or an 31

s 119 77 s 120 Water interstate law, or has held a resource operations licence or 1 interstate resource operations licence that has been cancelled 2 or suspended under this Act or an interstate law. 3 (2) The chief executive may also refuse the application on grounds not 4 mentioned in subsection (1). 5 (3) If the chief executive decides to refuse the application, the chief 6 executive must give the applicant an information notice within 30 business 7 days after making the decision. 8 (4) In this section-- 9 "this Act" includes the repealed Acts. 10 Subdivision 5--Cancelling resource operations licences 11 resource operations licence 12 Cancelling 119. The chief executive may cancel a resource operations licence on the 13 following grounds-- 14 (a) the licence holder has not complied with a condition of the licence 15 or a requirement of the holder under this Act; 16 (b) the holder has been convicted of an offence against this Act; 17 (c) the licence was granted because of a materially false or misleading 18 representation or declaration (made either orally or in writing). 19 for cancelling resource operations licence 20 Procedure 120.(1) If the chief executive is satisfied a resource operations licence 21 should be cancelled, the chief executive must give the licence holder a show 22 cause notice about the proposed cancellation. 23 (2) If, after considering any properly made submission about the 24 proposed cancellation, the chief executive is still satisfied the licence should 25 be cancelled, the chief executive may cancel the licence.10 26 10 For appointment of administrator following cancellation of licence, see section 955(1)(b).

s 121 78 s 121 Water (3) If the chief executive decides to cancel the licence, the chief executive 1 must give the holder an information notice within 10 business days after the 2 chief executive makes the decision. 3 (4) The decision takes effect on the later of-- 4 (a) if the applicant does not appeal against the decision--the day the 5 period for appeals ends; or 6 (b) if the applicant appeals against the decision but withdraws the 7 appeal--the day the appeal is withdrawn; or 8 (c) if the applicant appeals against the decision and the appeal is 9 dismissed--the day the appeal is decided. 10 (5) However, if the licence is cancelled because of the conviction of a 11 person for an offence-- 12 (a) the cancellation does not take effect until the later of-- 13 (i) the day the period for appeals against the conviction ends; 14 and 15 (ii) if the appeal is made against the conviction--the appeal is 16 finally decided; and 17 (b) the cancellation has no effect if the conviction is quashed on 18 appeal. 19 Division 4--Water allocations 20 Subdivision 1--Converting water entitlements and granting water 21 allocations 22 water entitlements 23 Converting 121.(1) On the day a resource operations plan or any amendment of a 24 resource operations plan has effect-- 25 (a) all water licences or water permits to be converted under the plan 26 or the amendment expire and the chief executive must grant to the 27 licensee of each expired water licence or water permit, a water 28 entitlement as stated in the plan or amendment; and 29

s 121 79 s 121 Water (b) all interim water allocations to be converted under the plan or the 1 amendment expire and the chief executive must grant to each 2 person who was the holder of an expired interim water allocation, 3 a water allocation as stated in the plan or amendment; and 4 (c) the registrar must record on the water allocations register details 5 of each water allocation granted. 6 (2) However, the registrar must not act under subsection (1)(c) for a 7 water allocation granted under subsection (1)(b) until the registrar has 8 received from the resource operations licence holder notice of the existence 9 of a supply contract for the allocation between the allocation holder and the 10 resource operations licence holder. 11 (3) Subsection (2) does not apply if the resource operations licence holder 12 and the allocation holder is the same person. 13 (4) Subsection (5) applies if the chief executive has been given a notice 14 under section 101(a) or (b)(i). 15 (5) The allocation must be recorded in accordance with the notice. 16 (6) If more than 1 notice is given under section 101(b)(i), the interests 17 must be recorded in accordance with the priority the interests have on the 18 land registry, as at the day the allocation is recorded, for the land to which 19 the former water entitlement was attached. 20 (7) However-- 21 (a) for an interest that is not an interest that was recorded under the 22 land registry but is recorded in another register, the interest must 23 be registered in priority according to the time the interest was 24 recorded in the other register; or 25 (b) for an interest not recorded in another register, the interest must be 26 registered in the priority in which the interest was lodged for 27 registration. 28 (8) Within 30 business days after the chief executive grants the allocation, 29 the chief executive must give the allocation holder an information notice 30 about the granting of the allocation. 31 (9) The allocation has effect the day the granting of the allocation is 32 recorded. 33

s 122 80 s 124 Water water allocations 1 Granting 122.(1) Subsection (2) applies if a resource operations plan states a 2 process for the granting of a water allocation to meet future water 3 requirements. 4 (2) The chief executive must follow the process and grant the allocation 5 in accordance with the process. 6 (3) On the day the allocation is granted, the registrar must record on the 7 water allocations register details of the allocation. 8 (4) However, if the allocation is managed under a resource operations 9 licence, the registrar must not act under subsection (3) until the registrar has 10 received notice from the resource operations licence holder of the existence 11 of a supply contract for the allocation between the allocation holder and the 12 resource operations holder. 13 (5) Subsection (4) does not apply if the resource operations licence holder 14 and the allocation holder is the same person. 15 (6) Within 30 business days after the chief executive grants the allocation, 16 the chief executive must give the allocation holder an information notice 17 about the granting of the allocation. 18 (7) The allocation has effect the day the registrar records the granting of 19 the allocation in the register. 20 between resource operations plan and water allocation 21 Relationship 123.(1) A water allocation is subject to the resource operations plan for 22 the plan area where the water is taken. 23 (2) If there is a conflict between the plan and the allocation, the plan 24 prevails. 25 water allocations 26 Amending 124.(1) Subsection (2) applies if a resource operations plan or 27 amendment of a resource operations plan states that a water allocation must 28 be amended. 29 (2) The chief executive must amend the water allocation in accordance 30 with the plan and give the allocation holder an information notice about the 31

s 125 81 s 126 Water amendment. 1 (3) On the day the allocation is amended, the registrar must record on the 2 water allocations register details of the amendment. 3 (4) The amendment has effect the day the registrar records the 4 amendment in the register. 5 water allocation when recording granting or amendment 6 Correcting 125.(1) When the registrar records a matter under this division, the 7 registrar may make any necessary corrections to the name of the existing 8 water entitlement holder when recording the granting of the water allocation. 9 (2) For subsection (1), the chief executive may require-- 10 (a) the applicant to give additional information about the correction; 11 or 12 (b) any information about the correction, or any additional 13 information required under paragraph (a), to be verified by 14 statutory declaration. 15 details for water allocations 16 Registration 126.(1) The entry on the water allocations register for a water allocation 17 must state the following-- 18 (a) details of the person who holds, and how the person holds, the 19 allocation; 20 (b) a volume of water for the allocation; 21 (c) the location from which the water may be taken; 22 (d) the purpose, including, for example, agricultural, industrial or 23 urban, for which the water may be taken; 24 (e) the resource operations plan under which the water allocation is 25 managed; 26 (f) other matters prescribed under a regulation. 27 (2) If the water allocation is managed under a resource operations licence, 28 the entry on the water allocations register for the allocation must also state 29

s 127 82 s 128 Water the following-- 1 (a) the licence number for the resource operations licence; 2 (b) the priority group to which the allocation belongs. 3 (3) If the water allocation is not managed under a resource operations 4 licence, the entry on the water allocations register for the allocation must 5 also state the following-- 6 (a) the maximum rate for taking water; 7 (b) the flow conditions under which the water may be taken. 8 2--Dealings with water allocations 9 Subdivision of "change to a water allocation" 10 Meaning 127.(1) For this subdivision, a "change to a water allocation" is a 11 reconfiguration of any 1 or more of the following elements of the holder's 12 entitlement under the allocation-- 13 (a) the volume of water for the allocation; 14 (b) the location from which the water may be taken under the 15 allocation; 16 (c) the purpose for which the water may be taken under the 17 allocation; 18 (d) the priority group to which the allocation belongs; 19 (e) maximum rate for taking water; 20 (f) the flow conditions under which the water may be taken. 21 (2) However, the reconfiguration must not increase the holder's 22 entitlement under the allocation. 23 or changing water allocations under water allocation 24 Transferring transfer rules 25 128.(1) Subsection (2) applies if a transfer of, or a change to, a water 26 allocation is permitted under the water allocation transfer rules of a resource 27 operations plan. 28

s 129 83 s 129 Water (2) The allocation holder may apply to transfer or change the allocation in 1 accordance with the rules. 2 (3) The application-- 3 (a) must be in the approved form; and 4 (b) may relate to any 1 or more elements of the allocation mentioned 5 in section 126. 6 (4) If the application relates to a water allocation managed under a 7 resource operations licence, the application must be made to the licence 8 holder. 9 (5) If the application relates to a water allocation other than an allocation 10 managed under a resource operations licence, the application must be made 11 to the chief executive and must be accompanied by the fee prescribed under 12 a regulation. 13 (6) If the transfer or change to which the application relates is permitted 14 under the resource operations plan, the person to whom the application is 15 made must-- 16 (a) give the registrar a certificate stating that the proposed transfer or 17 change is allowed under the plan; and 18 (b) give a copy of the certificate to the applicant. 19 (7) When the registrar receives the certificate, the registrar must record on 20 the water allocations register details of the transfer or change. 21 (8) However, if the allocation is managed under a resource operations 22 licence, the registrar must not act under subsection (7) until the registrar has 23 received from the resource operations licence holder notice of the existence 24 of a supply contract between the proposed allocation holder and the resource 25 operations licence holder. 26 (9) The transfer or change has effect the day the registrar records the 27 transfer or change in the register. 28 transfers of, or changes to, water allocations 29 Other 129.(1) Subsection (2) applies if a transfer of, or a change to, a water 30 allocation is not provided for under a resource operations plan. 31 (2) The allocation holder may apply to transfer or change the allocation. 32

s 130 84 s 131 Water (3) The application must be-- 1 (a) made to the chief executive in the approved form; and 2 (b) may relate to any 1 or more elements of the allocation mentioned 3 in section 126; and 4 (c) supported by sufficient information to enable the chief executive 5 to decide the application; and 6 (d) accompanied by the fee prescribed under a regulation. 7 information may be required 8 Additional 130. For an application mentioned in section 129, the chief executive may 9 require-- 10 (a) the applicant to give additional information about the application; 11 or 12 (b) any information included in the application, or any additional 13 information required under paragraph (a), to be verified by 14 statutory declaration; or 15 (c) any submitter to give additional information about the 16 submission. 17 notice of application to transfer water allocation 18 Public 131.(1) For an application mentioned in section 129, the chief executive 19 must publish a notice advising the application has been made. 20 (2) The notice must be published within-- 21 (a) if the chief executive does not require further information about 22 the application--30 business days after the application is made; or 23 (b) if the chief executive requires further information about the 24 application--30 business days after the additional information is 25 received. 26 (3) The notice must state the following-- 27 (a) where copies of the application may be inspected and, on payment 28 of a fee, purchased; 29

s 132 85 s 133 Water (b) that written submissions may be made by any entity about the 1 application; 2 (c) a day by which submissions must be made, and the person to 3 whom, and the place where, the submissions must be made. 4 (4) The day stated under subsection (3)(c) must not be earlier than 5 30 business days after the day the notice is published. 6 (5) The chief executive must send a copy of the notice to each local 7 government whose local government area includes the area where the 8 allocation is located. 9 (6) A local government receiving a copy of the application must make the 10 copy available for inspection by the public. 11 (7) The chief executive may send a copy of the notice to any other entity 12 the chief executive considers appropriate. 13 to pay cost of researching and investigating application 14 Applicant 132.(1) Subsection (2) applies-- 15 (a) to each application made under section 129; and 16 (b) if the chief executive is satisfied that there will be considerable 17 expense in researching and investigating the application. 18 (2) The chief executive must estimate the likely cost of researching and 19 investigating the application and give the applicant notice of the cost. 20 (3) If the applicant wishes to proceed with the application, the applicant 21 must pay the estimated cost to the chief executive. 22 (4) If the actual cost of researching and investigating the application is 23 less than the estimated cost, the chief executive must refund to the applicant 24 the difference between the cost paid and the actual cost. 25 application to transfer or change water allocation 26 Deciding 133.(1) Subsection (2) applies if the chief executive is satisfied the 27 transfer-- 28 (a) is compatible with environmental flow objectives and water 29 allocation security objectives; and 30

s 134 86 s 135 Water (b) is in the public interest; and 1 (c) will not significantly affect water entitlement holders, resource 2 operations licence holders or natural ecosystems in an adverse 3 way. 4 (2) The chief executive must approve the application, with or without 5 conditions. 6 (3) If the chief executive is not satisfied under subsection (1), the chief 7 executive must refuse the application. 8 (4) Within 10 business days after deciding the application, the chief 9 executive must-- 10 (a) give the applicant, the transferee and any person who gave a 11 properly made submission an information notice; and 12 (b) if the chief executive approves the application-- 13 (i) give the registrar a certificate stating that the transfer or 14 change has been approved; and 15 (ii) give a copy of the certificate to the applicant. 16 approved application to transfer or change water 17 Registering allocation 18 134.(1) When the registrar receives the certificate, the registrar must 19 record on the water allocations register details of the transfer or change. 20 (2) However, if the allocation is managed under a resource operations 21 licence, the registrar must not act under subsection (1) until the registrar has 22 received from the resource operations licence holder notice of the existence 23 of a supply contract between the proposed allocation holder and the resource 24 operations licence holder. 25 (3) The transfer or change has effect the day the registrar records the 26 transfer or change in the register. 27 a water allocation 28 Leasing 135.(1) A water allocation holder may apply to lease the allocation. 29 (2) If a transfer of, or a change to, a water allocation is permitted under 30

s 136 87 s 136 Water the water allocation transfer rules of a resource operations plan, section 128 1 must be followed when the holder applies to lease the allocation-- 2 (a) as if a reference in the sections to a transfer of, or a change to, a 3 water allocation were a reference to a lease of the allocation; and 4 (b) with any other necessary changes. 5 (3) If a transfer of, or a change to, a water allocation is not provided for 6 under the rules, sections 129 to 134 must be followed when the holder 7 applies to lease the allocation-- 8 (a) as if a reference in the sections to a transfer of, or a change to, a 9 water allocation were a reference to a lease of the allocation; and 10 (b) with any other necessary changes. 11 a lease of a water allocation 12 Transferring 136.(1) The lessee of a water allocation may apply to transfer the lease of 13 a water allocation if the lease permits a transfer of the lease. 14 (2) If a transfer of, or a change to, a water allocation is permitted under 15 the water allocation transfer rules of a resource operations plan, section 128 16 must be followed when the lessee applies to transfer the lease of the 17 allocation-- 18 (a) as if a reference in the sections to a transfer of, or a change to, a 19 water allocation were a reference to a transfer of the lease of the 20 allocation; and 21 (b) with any other necessary changes. 22 (3) If a transfer of, or a change to, a water allocation is not provided for 23 under the rules, sections 129 to 134 must be followed when the lessee 24 applies to transfer the lease of the allocation-- 25 (a) as if a reference in the sections to a transfer of, or a change to, a 26 water allocation were a reference to a transfer of the lease of the 27 allocation; and 28 (b) with any other necessary changes. 29

s 137 88 s 137 Water allocations may be forfeited 1 Water 137.(1) Subsection (2) applies if a water allocation holder has been 2 convicted of an offence against this Act. 3 (2) The chief executive may give the holder a show cause notice as to 4 why the allocation should not be forfeited. 5 (3) If, after considering any properly made submission, the chief 6 executive is still satisfied the allocation should be forfeited, the chief 7 executive may forfeit the allocation. 8 (4) If the chief executive decides to forfeit the allocation, the chief 9 executive must give the holder an information notice within 10 business 10 days after the chief executive makes the decision. 11 (5) The forfeiture takes effect on the later of-- 12 (a) if the holder does not appeal against the forfeiture--the day the 13 period for appeals ends; or 14 (b) if the holder appeals against the forfeiture but withdraws the 15 appeal--the day the appeal is withdrawn; or 16 (c) if the holder appeals against the forfeiture and the appeal is 17 dismissed--the day the appeal is decided. 18 (6) If the allocation is forfeited, the chief executive must sell the allocation 19 by a process for dealing with forfeited water allocations. 20 (7) Any money received by the chief executive on the sale of the forfeited 21 allocation must be applied as follows-- 22 (a) firstly--in paying the costs of the sale and any other costs 23 incurred in proceedings under this section; 24 (b) secondly--in discharging any liability of the former allocation 25 holder under this Act to the chief executive under this Act; 26 (c) thirdly--in discharging the liability, if any, of the former 27 allocation holder for any outstanding debt due to the resource 28 operations licence holder under a supply contract; 29 (d) fourthly--in discharging, in accordance with the priorities of their 30 registered interests, any liabilities of the former allocation holder 31 owing to a person who has a registered interest recorded over the 32 forfeited allocation on the water allocations register; 33

s 138 89 s 139 Water (e) fifthly--in payment to the former allocation holder. 1 (8) If the former allocation holder can not be found after making 2 reasonable inquiries as to the holder's whereabouts, an amount payable to 3 the holder must be dealt with as unclaimed money under the Public Trustee 4 Act 1978. 5 (9) The purchaser of an allocation under this section takes the allocation 6 free of all interests. 7 with water allocations granted or dealt with through fraud 8 Dealing 138.(1) Subsection (2) applies if a water allocation was granted, or dealt 9 with or recorded on the water allocations register, in consequence of a false 10 or misleading representation or declaration, made either orally or in writing. 11 (2) The Supreme Court may make the order it considers just to deal with 12 the allocation. 13 for applying proceeds of sale of water allocations under a 14 Priority power of sale 15 139.(1) In addition to any other person who may exercise a power of sale 16 in relation to a water allocation, the following persons may exercise a power 17 of sale in relation to a water allocation-- 18 (a) the chief executive under section 137(4); 19 (b) if a supply contract gives a resource operations licence holder a 20 power to sell the water allocation--the holder. 21 (2) The holder may only exercise the power of sale in accordance with 22 the supply contract. 23 (3) Subsection (1) applies despite any registered interest in the allocation. 24 (4) Before exercising the power of sale, a person proposing to exercise 25 the power must give any person who has a registered interest in the 26 allocation, not less than 10 business days notice of the proposed exercise of 27 the power. 28 (5) An amount received on the sale of the allocation must be applied in 29 the way mentioned in section 137(7). 30

s 140 90 s 143 Water 5--Seasonal water assignments of water allocations 1 Division of div 5 2 Application 140. This division applies to a water allocation-- 3 (a) if a water resource plan or a resource operations plan approved for 4 an area allows seasonal water assignments; and 5 (b) if the water to which the allocation applies is not water managed 6 under a resource operations licence. 7 for a seasonal water assignment 8 Applying 141.(1) A water allocation holder may apply to assign all or part of the 9 benefits of the allocation to another person for the water year in which the 10 application is made. 11 (2) The application must be-- 12 (a) made to the chief executive in the approved form; and 13 (b) supported by sufficient information to enable the chief executive 14 to decide the application; and 15 (c) accompanied by the fee prescribed under a regulation. 16 information may be required 17 Additional 142. The chief executive may require-- 18 (a) the applicant to give additional information about the application; 19 or 20 (b) any information included in the application, or any additional 21 information required under paragraph (a), to be verified by 22 statutory declaration. 23 application for seasonal water assignment 24 Deciding 143.(1) If the application is in accordance with the seasonal water 25 assignment rules, the chief executive must approve the application, with or 26 without conditions. 27

s 144 91 s 146 Water (2) If the application is not in accordance with the rules, chief executive 1 must refuse the application. 2 (3) As soon as practicable after deciding the application, the chief 3 executive must give the applicant an information notice. 4 (4) If the chief executive grants the application, with or without 5 conditions, the chief executive must, as soon as practicable after approving 6 the application, give the proposed assignee a water permit for the water year 7 in the approved form. 8 (5) To the extent that the application is approved, the applicant is not 9 authorised to take water under the water allocation. 10 (6) The assignment has effect from the day the information notice is 11 given to the applicant. 12 (7) Section 149(5) does not apply to an assignment mentioned in 13 subsection (6). 14 of seasonal water assignment 15 Conditions 144. The water permit is subject to the conditions-- 16 (a) to which the water allocation is subject; and 17 (b) prescribed under a regulation; and 18 (c) the chief executive may impose for a particular permit. 19 of s 243 20 Application 145. Section 243 applies to a water permit granted under this division. 21 Division 6--Registering interests and dealings for water allocations 22 23 Registrar 146.(1) There is to be a registrar of water allocations. 24 (2) The registrar has a seal of office. 25 (3) The registrar is to be employed under the Public Service Act 1996. 26

s 147 92 s 149 Water (4) In acting under this Act or another Act, the registrar is subject to the 1 chief executive. 2 allocations register 3 Water 147.(1) For registering water allocations and interests and dealings with 4 water allocations the registrar must keep a water allocations register. 5 (2) A regulation may prescribe-- 6 (a) the locations of offices of the registry where documents may be 7 lodged for registration; and 8 (b) the particular documents that may, or may not, be lodged at a 9 particular office of the registry for registration or recording on the 10 register. 11 (3) A person has notice of an interest in a water allocation if the interest is 12 included in the register. 13 of register 14 Form 148.(1) The register may be kept in the form the registrar considers 15 appropriate. 16 (2) Without limiting subsection (1), the registrar may change the form in 17 which a register or a part of a register is kept. 18 and dealings that may be registered 19 Interests 149.(1) Subject to subsection (2), an interest or dealing that may be 20 registered for land under the Land Title Act 1994, may be registered for a 21 water allocation on the water allocations register. 22 (2) An interest or dealing, the provisions for which are excluded under 23 section 150(1)(e), may not be registered under this Act. 24 (3) If the chief executive is given a notice under section 101(b)(ii), the 25 registrar must not record a dealing for the water allocation within 26 20 business days after the day the water allocation was recorded unless the 27 person giving the notice of interest consents to the dealing being recorded. 28 (4) If a proposed transfer is the transfer of a water allocation, the registrar 29

s 150 93 s 150 Water must not record the transfer on the register unless the transfer is supported 1 by a certificate given under section 128(6) or section 133(3)(b). 2 (5) An instrument that purports to give effect to a dealing of the type 3 mentioned in subsection (1) does not transfer or create an interest at law 4 until it is registered on the register. 5 of Land Title Act 1994 to water allocations register 6 Application 150.(1) The Land Title Act 1994, other than the following provisions, 7 applies to matters under this part-- 8 (a) part 2, sections 16, 18(1)(a), 18(3), 18A; 9 (b) part 3, sections 27 and divisions 2, 2A and 3; 10 (c) part 4; 11 (d) part 5, sections 55 and 58; 12 (e) part 6, sections 60(2) and 65(2) and divisions 4, 4A, 4B and 5; 13 (f) part 7, section 122(3) and sections 132 to 135; 14 (g) part 8, sections 154 and 165; 15 (h) part 9, division 2, section 181 and subdivisions B and C; 16 (i) part 11, section 193; 17 (j) part 12. 18 (2) To the extent there is a conflict between the requirements of this Act 19 and the requirements of the Land Title Act 1994, this Act prevails. 20 (3) An interest or dealing mentioned in section 149 may be registered in 21 the way mentioned in the Land Title Act 1994 and the registrar of water 22 allocations may exercise a power and perform an obligation of the registrar 23 of titles under the Land Title Act 1994-- 24 (a) as if a reference to the registrar of titles were a reference to the 25 registrar appointed under this division; and 26 (b) as if a reference to the freehold land register were a reference to 27 the water allocations register; and 28 (c) as if a reference to freehold land or land were a reference to a 29 water allocation; and 30

s 151 94 s 152 Water (d) as if a reference to a lot were a reference to a water allocation; and 1 (e) as if a reference to an indefeasible title were a reference to a title; 2 and 3 (f) with any other necessary changes. 4 (4) An instrument executed under the authority of a power of attorney 5 may be registered under this Act only if the power of attorney is registered 6 under the Land Title Act 1994, section 133. 7 (5) In this section-- 8 "Land Title Act 1994" does not include the Land Title Regulation 1994. 9 of other Acts to the water allocations register 10 Application 151.(1) If a provision of the Property Law Act 1974 refers to the Land 11 Title Act 1994, or land, the reference is, if the context permits, taken to be a 12 reference to the Land Title Act 1994, as applied by this Act, or a water 13 allocation. 14 (2) The Stamp Act 1894, section 66A applies to a water allocation as if-- 15 (a) a reference to land included a water allocation; and 16 (b) a reference to the Land Title Act 1994 included a reference to the 17 Land Title Act 1994, as applied by this Act. 18 water allocations register 19 Searching 152. At any time when an office of the department is open for business 20 and on payment of the fee prescribed under a regulation, a person may-- 21 (a) search and obtain a copy of-- 22 (i) a water allocation; or 23 (ii) an instrument registered in relation to an allocation; or 24 (iii) an instrument that has been lodged but is not registered 25 (whether or not it has been cancelled); or 26 (iv) information kept on the register about the allocation; and 27 (b) obtain a copy of the allocation, or a registered instrument, certified 28 by the registrar to be an accurate copy. 29

s 153-166 95 s 169 Water numbers not used 1 Section 153-166. See footnote to section 1. 2 ART 5--INTERIM ALLOCATION AND 3 P MANAGEMENT ARRANGEMENTS 4 Division 1--Preliminary 5 of pt 5 6 Purpose 167. The purpose of this part is to provide for the functions and powers 7 of the chief executive for water managed through water infrastructure in an 8 area where a resource operations plan has not been approved. 9 Division 2--Interim resource operations licences 10 Subdivision 1--Granting interim resource operations licences for 11 existing water infrastructure 12 must apply for an interim resource operations licence 13 Who 168.(1) A regulation may nominate a person as a person who operates 14 water infrastructure stated in the regulation. 15 (2) A person nominated under the regulation must, within 60 business 16 days after the regulation is made, apply for an interim resource operations 17 licence to continue to operate the water infrastructure. 18 Maximum penalty--1 665 penalty units. 19 for interim resource operations licence 20 Applying 169. An application made under section 168 must be-- 21 (a) made to the chief executive in the approved form; and 22

s 170 96 s 171 Water (b) supported by details of-- 1 (i) all water supplied by the applicant to entities under 2 authorisations under the repealed Act, including, the names 3 and addresses of the entities and details of any existing 4 supply contracts for the supply of that water; and 5 (ii) the applicant's proposed operating arrangements for the 6 water infrastructure; and 7 (iii) the applicant's proposal about the total interim water 8 allocation that should be granted for management under the 9 proposed interim resource operations licence; and 10 (iv) the applicant's proposal about the apportionment of the total 11 interim water allocations between the applicant and the 12 persons mentioned in subparagraph (i); and 13 (v) the applicant's proposal about proposed supply 14 arrangements for the entities mentioned in subparagraph (i); 15 and 16 (vi) any other information that will enable the chief executive to 17 decide the application; and 18 (c) accompanied by the fee prescribed under a regulation. 19 information may be required 20 Additional 170. The chief executive may require-- 21 (a) the applicant to give additional information about the application; 22 or 23 (b) any information included in the application, or any additional 24 information required under paragraph (a), to be verified by 25 statutory declaration. 26 of application for interim resource operations licence 27 Notice 171.(1) The chief executive must give each entity whose details are given 28 to the chief executive under section 169(b)(i) a notice about the making of 29 the application. 30

s 172 97 s 172 Water (2) The notice must-- 1 (a) be given-- 2 (i) if the chief executive does not require further information 3 about the application--within 30 business days after the 4 application is made; or 5 (ii) if the chief executive requires further information about the 6 application--within 30 business days after the additional 7 information is received; and 8 (b) give details of the applicant's proposals mentioned in 9 section 169(b); and 10 (c) state where copies of the proposals may be inspected and, on 11 payment of a fee, purchased; and 12 (d) state that written submissions may be made by any entity who is 13 given a copy of the notice about the applicant's proposals; and 14 (e) state a day by which submissions must be made, and the person 15 to whom, and the place where, the submissions must be made. 16 (3) The day stated under subsection (2)(e) must not be earlier than 17 30 business days after the day the notice is given. 18 (4) The chief executive may send a copy of the notice to any other entity 19 the chief executive considers appropriate. 20 may be called about application 21 Conference 172.(1) The chief executive may invite the applicant and all or any of the 22 entities, whose details are given to the chief executive under 23 section 169(b)(i), to a conference to help in deciding the application. 24 (2) The chief executive must give notice to all entities invited to attend the 25 conference of when and where the conference is to be held. 26 (3) However, if the chief executive is satisfied it is impracticable to give 27 notice to all entities invited to attend the conference, the chief executive may 28 publish a notice about the conference. 29

s 173 98 s 174 Water executive must make proposed decision 1 Chief 173.(1) After the last day for both the making of submissions on the 2 applicant's proposals and any conferences under section 172(1) have been 3 held, the chief executive must make a proposed decision about-- 4 (a) the proposed contents and conditions about an interim resource 5 operations licence; and 6 (b) the proposed granting of interim water allocations managed under 7 the interim resource operations licence. 8 (2) In making the proposed decision, the chief executive must consider 9 the following-- 10 (a) the application and additional information given about the 11 application; 12 (b) the authorisations under the repealed Act of the entities, whose 13 details are given to the chief executive under section 169(b)(i); 14 (c) all properly made submissions made about the applicant's 15 proposals; 16 (d) the views expressed at a conference held in relation to the 17 proposals; 18 (e) the public interest. 19 of proposed decision 20 Notice 174.(1) The chief executive must give the applicant and each entity, 21 whose details are given to the chief executive under section 169(b)(i), a 22 notice about the making of the proposed decision. 23 (2) The notice must-- 24 (a) give details of the chief executive's proposed decision about-- 25 (i) the proposed contents and conditions about an interim 26 resource operations licence; and 27 (ii) the proposed granting of interim water allocations managed 28 under the interim resource operations licence; and 29 (b) state where copies of the proposed decision may be inspected and, 30 on payment of a fee, purchased; and 31

s 175 99 s 176 Water (c) state that written submissions may be made by any entity who is 1 given a copy of the notice about the applicant's proposals; and 2 (d) state a day by which submissions must be made, and the person 3 to whom, and the place where, the submissions must be made. 4 (3) The day stated under subsection (2)(d) must not be earlier than 5 30 business days after the day the notice is given. 6 (4) The chief executive may send a copy of the notice to any other entity 7 the chief executive considers appropriate. 8 application for interim resource operations licence 9 Deciding 175.(1) In making the final decision on the application, the chief 10 executive must consider all properly made submissions made about the 11 proposed decision. 12 (2) The chief executive must grant the application, with or without 13 conditions. 14 (3) Within 30 business days after deciding the application, the chief 15 executive must give-- 16 (a) the applicant and each entity, whose details are given to the chief 17 executive under section 169(b)(i), an information notice; and 18 (b) the applicant an interim resource operations licence. 19 (4) The licence takes effect from the day the applicant is given the 20 information notice. 21 Subdivision 2--Granting interim resource operations licences for 22 proposed water infrastructure 23 interim resource operations licences 24 Granting 176.(1) Subsection (2) applies if a water resource plan or a resource 25 operations plan states a process for the granting of an interim resource 26 operations licence to meet future water requirements. 27 (2) The chief executive must follow the process and grant the licence in 28 accordance with the process. 29

s 177 100 s 178 Water (3) Within 30 business days after the chief executive grants the licence, 1 the chief executive must give the licence holder the licence and an 2 information notice about the granting of the licence. 3 (4) The licence has effect from the day the information notice is given to 4 the applicant. 5 3--Content and conditions of interim resource operations 6 Subdivision licences 7 of interim resource operations licences 8 Content 177. Without limiting what may be included in an interim resource 9 operations licence, the licence must state the following-- 10 (a) details of the licence holder; 11 (b) the water infrastructure to which the licence applies; 12 (c) the operating arrangements for the water infrastructure; 13 (d) details of water to be managed under the licence; 14 (e) details of the water sharing rules; 15 (f) requirements for monitoring and reporting on water managed and 16 water infrastructure operations. 17 of interim resource operations licence 18 Conditions 178. Without limiting section 175(2), a condition of an interim resource 19 operations licence may-- 20 (a) require the licence holder to do all or any of the following-- 21 (i) give relevant information reasonably required by the chief 22 executive for the administration or enforcement of this Act; 23 (ii) pay the fees prescribed under a regulation; and 24 (b) prohibit the holder from changing, replacing or operating the 25 water infrastructure if the change, replacement or operation would 26 significantly affect any of the following-- 27 (i) the availability of water for existing water entitlement 28

s 179 101 s 181 Water holders; 1 (ii) the water requirements of natural ecosystems; 2 (iii) the water requirements of beneficial flooding; 3 (iv) water quality. 4 Subdivision 4--Amending interim resource operations licences on 5 application of licence holder 6 to amend an interim resource operations licence 7 Applying 179.(1) An interim resource operations licence holder may apply to 8 amend an interim resource operations licence. 9 (2) The application must be-- 10 (a) made to the chief executive in the approved form; and 11 (b) supported by sufficient information to enable the chief executive 12 to decide the application; and 13 (c) accompanied by a fee prescribed under a regulation. 14 information may be required 15 Additional 180. The chief executive may require-- 16 (a) the applicant to give additional information about the application; 17 or 18 (b) any information included in the application, or any additional 19 information required under paragraph (a), to be verified by 20 statutory declaration; or 21 (c) any submitter to give additional information about the 22 submission. 23 notice of application to amend interim resource operations 24 Public licence 25 181.(1) Subsection (2) applies when the chief executive is satisfied the 26

s 182 102 s 182 Water application to amend the interim resource operations licence has been 1 properly made and the applicant has given the chief executive any additional 2 information requested about the application. 3 (2) The chief executive must give the applicant a notice the applicant must 4 publish within the time and in the newspaper or newspapers stated by the 5 chief executive. 6 (3) The notice must include at least the following-- 7 (a) a summary of the proposed amendments to the licence; 8 (b) where copies of the application are available for inspection and 9 purchase; 10 (c) that written submissions may be made by any entity about the 11 application; 12 (d) a day by which submissions must be made, and the person to 13 whom, and the place where, the submissions must be made. 14 (4) The day stated under subsection (3)(d) must not be earlier than 15 30 business days after the day the notice is published. 16 (5) Within 10 business days after the day the notice is published, the 17 applicant must give the chief executive a copy of the page of the newspaper 18 containing the published notice. 19 (6) If the notice has been published within the time and in the newspaper 20 or newspapers stated by the chief executive-- 21 (a) the chief executive may send a copy of the notice to any other 22 entity the chief executive considers appropriate; and 23 (b) the chief executive may decide the application after the day 24 mentioned in subsection (3)(d). 25 chief executive must consider when deciding applications 26 Matters 182. For deciding the application, the chief executive must consider the 27 following-- 28 (a) the application and additional information given about the 29 application; 30 (b) all properly made submissions about the application; 31

s 183 103 s 183 Water (c) all additional information given about a submission; 1 (d) existing water entitlements and authorisations to take or interfere 2 with water; 3 (e) any information about the effects on natural ecosystems; 4 (f) any information about the effects on the physical integrity of 5 watercourses, lakes, springs or aquifers; 6 (g) policies developed in consultation with local communities for the 7 sustainable management of local water; 8 (h) whether the applicant has been convicted of an offence against this 9 Act, the repealed Act or an interstate law; 10 (i) the public interest. 11 application to amend an interim resource operations licence 12 Deciding 183.(1) If the chief executive is satisfied the application should be 13 approved, the chief executive must approve the application, with or without 14 conditions. 15 (2) If the chief executive is not satisfied the application should be 16 approved, the chief executive must refuse the application. 17 (3) Within 30 business days after deciding the application, the chief 18 executive must give the applicant and any person who gave a properly made 19 submission about the application an information notice. 20 (4) If the chief executive approves the application, with or without 21 conditions, the chief executive must, within 30 business days after 22 approving the application, give the applicant an amended interim resource 23 operations licence in the approved form. 24 (5) The amended licence takes effect from the day the applicant is given 25 the information notice. 26

s 184 104 s 184 Water 5--Amending interim resource operations licences by chief 1 Subdivision executive 2 interim resource operations licences on notice 3 Amending 184.(1) The chief executive may amend an interim resource operations 4 licence if the chief executive is satisfied the licence should be amended. 5 (2) However, the amendment must not-- 6 (a) increase the volume, rate or times when water may be taken under 7 the licence; or 8 (b) increase the interference with the flow of the water; or 9 (c) change the location from which water may be taken, or interfered 10 with, under the licence; or 11 (d) cause a significant adverse effect on-- 12 (i) the availability of water for the requirements of natural 13 ecosystems; or 14 (ii) the quality of water; or 15 (iii) availability of water for existing water entitlement holders; or 16 (iv) beneficial flooding. 17 (3) Before the chief executive acts under subsection (1), the chief 18 executive must give the licence holder a show cause notice about the 19 proposed amendment. 20 (4) In deciding whether to amend the licence, the chief executive must 21 consider any properly made submission about the proposed amendment. 22 (5) If the chief executive is satisfied the proposed amendment should be 23 made, the chief executive must give the licence holder an amended licence in 24 the approved form and an information notice. 25 (6) If the chief executive is not satisfied the amendment should be made, 26 the chief executive must give the holder notice that the licence will not be 27 amended. 28 (7) The amended licence takes effect from the day the information notice 29 is given to the holder. 30

s 185 105 s 187 Water amendment of interim resource operations licence 1 Minor 185.(1) The chief executive may amend the licence without complying 2 with the provisions of this division about amending a licence if the 3 amendment is only to correct a minor error in the licence, or make another 4 change that is not a change of substance. 5 (2) If the chief executive amends a licence under subsection (1), the chief 6 executive must give the licence holder an amended licence in the approved 7 form. 8 Subdivision 6--Transferring and cancelling interim resource operations 9 licences 10 or cancelling interim resource operations licence 11 Transferring 186. An interim resource operations licence may be transferred or 12 cancelled under part 4, division 3, as if it were an application for the transfer 13 or cancellation of a resource operations licence.11 14 Division 3--Interim water allocations 15 1--Interim water allocations managed through existing 16 Subdivision water infrastructure 17 interim water allocations 18 Granting 187.(1) When the chief executive grants an interim resource operations 19 licence under division 2, subdivision 1, the chief executive must grant 20 interim water allocations in accordance with the chief executive's decision 21 under section 175(2). 22 (2) The interim water allocation replaces any authorisation mentioned in 23 section 169(b)(i) the entity had immediately before the interim water 24 allocation was granted. 25 11 For appointment of administrator following cancellation of licence, see section 955(1)(b).

s 188 106 s 189 Water (3) The chief executive must, within 30 business days after the allocation 1 is granted, give the grantee-- 2 (a) an information notice; and 3 (b) an interim water allocation in the approved form. 4 (4) An interim water allocation attaches to the land of the grantee unless 5 the grantee is-- 6 (a) the interim resource operations licence holder; or 7 (b) a registered water service provider; or 8 (c) a local government; or 9 (d) a water authority. 10 (5) An interim water allocation takes effect from the day the information 11 notice is given to the grantee. 12 supply arrangements taken to be supply contracts 13 Existing 188.(1) The supply arrangements contained in an application granted 14 under section 175 are taken to be the supply contract for the supply of water 15 to the person mentioned in the arrangements. 16 (2) Subsection (1) applies until the interim resource operations licence 17 holder and interim water allocation holder enter into a different supply 18 contract for suppling the holder with water. 19 2--Interim water allocations to be managed through new 20 Subdivision infrastructure 21 interim water allocations 22 Granting 189.(1) When the chief executive grants an interim resource operations 23 licence under division 2, subdivision 2, the chief executive must grant an 24 interim water allocation in accordance with the process stated in the water 25 resource plan. 26 (2) The chief executive must, within 30 business days after the allocation 27 is granted, give an interim water allocation holder an interim water allocation 28 in the approved form and an information notice about the granting of the 29

s 190 107 s 191 Water allocation. 1 (3) An interim water allocation attaches to the land of the grantee unless 2 the grantee is-- 3 (a) the interim resource operations licence holder; or 4 (b) a registered water service provider; or 5 (c) a local government; or 6 (d) a water authority. 7 (4) An interim water allocation takes effect from the day the information 8 notice is given to the grantee. 9 Subdivision 3--Amending, transferring or cancelling interim water 10 allocations 11 transferring or cancelling interim water allocation 12 Amending, 190. An interim water allocation may be amended, transferred or 13 cancelled under part 6, division 2, as if the interim water allocation were a 14 water licence. 15 certain interim water allocations may be transferred to 16 Who 191.(1) Despite sections 190, 222 and 223, an interim resource 17 operations licence holder may apply to transfer all or part of an interim 18 water allocation not attached to land to any of the following to whom the 19 holder can supply water-- 20 (a) any owner of land, if the water supplied is used on the land; 21 (b) a registered water service provider; 22 (c) a local government; 23 (d) a water authority. 24 (2) The application must be-- 25 (a) made to the chief executive in the approved form; and 26 (b) supported by evidence that enables the chief executive to transfer 27

s 192 108 s 193-203 Water the licence, including, for example the written consent of the 1 transferee; and 2 (c) accompanied by the fee prescribed under a regulation. 3 application to transfer by interim resource operations licence 4 Deciding holder 5 192.(1) The chief executive must approve the application, with or without 6 conditions. 7 (2) Within 30 business days after approving the application, the chief 8 executive must-- 9 (a) give the applicant and the transferee--an information notice; and 10 (b) give the transferee an interim water allocation in the approved 11 form. 12 (3) If the application was not to transfer all of an interim water allocation, 13 the chief executive must give the applicant an amended interim water 14 allocation for the part not transferred. 15 (4) An interim water allocation mentioned in section 191(1)(a) attaches to 16 the land of the transferee. 17 (5) An interim water allocation mentioned in subsection (2) or (3) has 18 effect from the day the information notice is given to the applicant and the 19 transferee. 20 numbers not used 21 Section 193-203. See footnote to section 1. 22

s 204 109 s 206 Water PART 6--WATER LICENCES AND PERMITS 1 Division 1--Preliminary 2 of pt 6 3 Purpose 204. Under this part, the chief executive may grant-- 4 (a) water licences for taking water and interfering with the flow of 5 water, for example, by a weir; or 6 (b) water permits for taking water. 7 to be in accordance with plans 8 Decisions 205. If a water resource plan or resource operations plan has been 9 approved for an area, the chief executive must make decisions under this 10 part in accordance with the plan. 11 2--Water licences 12 Division Subdivision 1--Granting water licences 13 for a water licence 14 Applying 206.(1) An owner of a parcel of land, or the owners of 2 contiguous 15 parcels of land, may apply for a water licence for the parcel or parcels and 16 any other land of the owner or owners contiguous to the parcel or parcels-- 17 (a) for taking water and using the water on any of the land; or 18 (b) to interfere with the flow of water on, under or adjoining any of 19 the land. 20 (2) An application under subsection (1)(a) may be only for taking water 21 from any of the following-- 22 (a) a watercourse, lake or spring on or adjoining any of the land; 23 (b) an aquifer under any of the land; 24

s 207 110 s 207 Water (c) water flowing across any of the land. 1 (3) Also, an application under subsection (1)(a) may be for taking water 2 from a watercourse, lake, spring or aquifer if-- 3 (a) the watercourse, lake or spring or land above the aquifer does not 4 adjoin any of the applicant's land; but 5 (b) all the owners of land between the proposed point of taking the 6 water and the applicant's land agree in writing to give the 7 applicant a registrable lease or easement over the owner's land for 8 the purpose of taking the water and delivering it to the applicant's 9 land. 10 (4) A local government, registered service provider or water authority 11 may apply for a water licence for taking water or interfering with the flow of 12 water. 13 (5) The application must be-- 14 (a) made to the chief executive in the approved form; and 15 (b) supported by sufficient information to enable the chief executive 16 to decide the application; and 17 (c) accompanied by the fee prescribed under a regulation. 18 information may be required 19 Additional 207.(1) The chief executive may require-- 20 (a) the applicant to give additional information about the application; 21 or 22 (b) any information included in the application, or any additional 23 information required under paragraph (a), to be verified by 24 statutory declaration; or 25 (c) if notice of the application is published--any submitter to give 26 additional information about the submission. 27 (2) The request may be made-- 28 (a) whether or not notice of the application is published; and 29 (b) before or after notice of the application is published. 30

s 208 111 s 208 Water notice of application for water licence 1 Public 208.(1) Subsection (2) applies when the chief executive is satisfied the 2 application has been properly made and the applicant has given the chief 3 executive any additional information requested about the application. 4 (2) The chief executive must give the applicant a notice the applicant must 5 publish within the time and in the newspaper or newspapers stated by the 6 chief executive. 7 (3) Subsections (1) and (2) do not apply to an application mentioned in 8 section 209. 9 (4) The notice must include at least the following-- 10 (a) the location of the proposed taking of, or interfering with, water; 11 (b) where copies of the application may be inspected and, on payment 12 of a fee, purchased; 13 (c) that written submissions may be made by any entity about the 14 application; 15 (d) a day by which submissions must be made, and the person to 16 whom, and the place where, the submissions must be made. 17 (5) The day stated under subsection (4)(d) must not be earlier than 18 30 business days after the day the notice is published. 19 (6) Within 10 business days after the day the notice is published, the 20 applicant must give the chief executive a copy of the page of the newspaper 21 containing the published notice. 22 (7) If the notice has been properly published-- 23 (a) the chief executive may send a copy of the notice to any other 24 entity the chief executive considers appropriate; and 25 (b) the chief executive may decide the application after the day 26 mentioned in subsection (4)(d). 27 (8) In this section-- 28 "properly published" means published within the time and in the 29 newspaper or newspapers stated by the chief executive. 30

s 209 112 s 210 Water that may be decided without public notice 1 Applications 209.(1) If the granting of the application would be inconsistent with a 2 water resource plan or a resource operations plan, the chief executive must 3 refuse the application without notice of the application being published. 4 (2) Within 30 business days after refusing the application, the chief 5 executive must give the applicant an information notice about the refusal. 6 (3) Subsection (4) applies to an application-- 7 (a) made under section 211; and 8 (b) for taking underground water only for domestic purposes or 9 watering stock of a number that would normally be depastured on 10 the land to which the application relates. 11 (4) The chief executive may decide the application without notice of the 12 application being published. 13 for deciding application for water licence 14 Criteria 210.(1) In deciding whether to grant or refuse the application or the 15 conditions for the water licence, the chief executive must consider the 16 following-- 17 (a) the application and additional information given in relation to the 18 application; 19 (b) if notice of the application has been published--all properly made 20 submissions made about the application; 21 (c) any water resource plan and resource operations plan that may 22 apply to the licence; 23 (d) existing water entitlements and authorities to take or interfere with 24 water; 25 (e) any information about the effects of taking, or interfering with, 26 water on natural ecosystems; 27 (f) any information about the effects of taking, or interfering with, 28 water on the physical integrity of watercourses, lakes, springs or 29 aquifers; 30 (g) policies developed in consultation with local communities for the 31

s 211 113 s 212 Water sustainable management of local water; 1 (h) the sustainable resource management strategies and policies for 2 the catchment, including, any relevant coastal zone; 3 (i) the public interest. 4 (2) The chief executive may also consider whether the applicant has been 5 convicted of an offence against this Act, the repealed Act or an interstate 6 law. 7 application for water licence 8 Deciding 211.(1) If the chief executive is satisfied the application should be 9 approved, the chief executive must approve the application for a stated 10 period, with or without conditions. 11 (2) If the chief executive is not satisfied the application should be 12 approved, the chief executive must refuse the application. 13 (3) Within 30 business days after deciding the application, the chief 14 executive must give the applicant and any person who gave a properly made 15 submission about the application an information notice. 16 (4) If the chief executive approves the application, with or without 17 conditions, the chief executive must, within 30 business days after 18 approving the application, give a water licence in the approved form to-- 19 (a) the applicant; or 20 (b) if after making the application the applicant has ceased to be an 21 owner of land to which the application relates--the registered 22 owner of the land. 23 (5) The licence has effect from the day the information notice is given to 24 the applicant. 25 a water licence under a plan process 26 Granting 212.(1) Subsection (2) applies if a water resource plan or a resource 27 operations plan states a process for the allocation of water under a water 28 licence to meet future water requirements. 29 (2) The chief executive must follow the process and may grant a water 30

s 213 114 s 214 Water licence in accordance with the process without the need for an application to 1 be made under section 206. 2 (3) Within 30 business days after the chief executive grants the licence, 3 the chief executive must give the licensee the licence and an information 4 notice about the granting of the licence. 5 (4) The licence has effect from the day the licence is given to the licensee. 6 2--Contents and conditions of water licences 7 Subdivision of water licence 8 Contents 213. A water licence-- 9 (a) must be granted for a stated period; and 10 (b) must state the water to which the licence relates; and 11 (c) must state the location from which the water may be taken or at 12 which it may be interfered with; and 13 (d) may be amended, renewed, reinstated, transferred, amalgamated, 14 subdivided, surrendered or cancelled; and 15 (e) attaches to land stated in the licence and must be held by an owner 16 of the land if-- 17 (i) the application for the licence was made under 18 section 206(1); or 19 (ii) the licence was granted under section 212 to a person other 20 than a registered water service provider, a local government 21 or a water authority. 22 of water licence 23 Conditions 214.(1) The water licence is subject to the conditions-- 24 (a) prescribed under a regulation; and 25 (b) the chief executive may impose for a particular licence. 26 (2) Without limiting subsection (1), the conditions may require the 27 licensee to do all or any of the following-- 28

s 215 115 s 217 Water (a) commence taking or interfering with water authorised under the 1 licence within a stated time; 2 (b) install a measuring device to measure the volume of water taken, 3 the rate at which it is taken and the time it is taken; 4 (c) take the water authorised to be taken under the licence; 5 (d) provide and maintain access to alternative water supplies for other 6 water entitlement holders who would be affected by the granting 7 of the licence; 8 (e) carry out and report on a stated monitoring program; 9 (f) give relevant information reasonably required by the chief 10 executive for the administration or enforcement of this Act. 11 water under certain licences must be used 12 Where 215. Water taken under a licence that is attached to land must be used 13 only on the land to which the licence attaches. 14 Subdivision 3--Amending water licences 15 water licence on application of licensee 16 Amending 216.(1) The licensee may apply to amend a water licence. 17 (2) The application to amend the licence must be dealt with under 18 division 2, subdivisions 1 and 2, as if it were an application for a licence. 19 water licence to implement water resource plan 20 Amending 217.(1) The chief executive must amend a water licence, if the water 21 licence is inconsistent with a water resource plan or a resource operations 22 plan. 23 (2) The chief executive must, within the time stated in the plan or as soon 24 as possible after the plan is approved-- 25 (a) amend the licence; and 26 (b) give the licensee an information notice stating the aspects of the 27

s 218 116 s 218 Water existing licence that are inconsistent with the plan; and 1 (c) give the licensee an amended licence in the approved form. 2 (3) The amended licence takes effect from the day the chief executive 3 gives the licensee the licence. 4 amendments chief executive may make to water licence 5 Other 218.(1) The chief executive may amend a water licence if the chief 6 executive is satisfied the licence should be amended. 7 (2) However, the amendment must not-- 8 (a) increase the volume of, rate of or times when water that may be 9 taken under the licence; or 10 (b) increase the area of land that may be irrigated under the licence; or 11 (c) increase the interference with the flow of the water; or 12 (d) change the location from which water may be taken, or interfered 13 with, under the licence; or 14 (e) cause a significant adverse effect on-- 15 (i) the availability of water for the requirements of natural 16 ecosystems; or 17 (ii) the quality of water; or 18 (iii) availability of water for existing water entitlement holders; or 19 (iv) beneficial flooding. 20 (3) Before the chief executive acts under subsection (1), the chief 21 executive must give the licensee a show cause notice about the proposed 22 amendment. 23 (4) In deciding whether to amend the licence, the chief executive must 24 consider any properly made submission about the proposed amendment. 25 (5) If the chief executive is satisfied the proposed amendment should be 26 made, the chief executive must, within 30 business days after the decision, 27 give the licensee an amended licence in the approved form and an 28 information notice. 29 (6) If the chief executive is not satisfied the amendment should be made, 30

s 219 117 s 220 Water the chief executive must give the licensee notice that the licence will not be 1 amended. 2 (7) The amended licence takes effect from the day the licence is given to 3 the licensee. 4 amendment of water licence 5 Minor 219.(1) The chief executive may amend the licence without complying 6 with the provisions of this division about amending a licence if the 7 amendment is only-- 8 (a) to correct a minor error in the licence, or make another change that 9 is not a change of substance; or 10 (b) if the licence states that an amendment of a stated type may be 11 made to the licence by amendment under this section--to make 12 an amendment of the stated type. 13 (2) If the chief executive amends a licence under subsection (1), the chief 14 executive must give the licensee an amended licence in the approved form. 15 4--Other dealings with water licences 16 Subdivision water licence 17 Renewing 220.(1) The licensee may apply to renew a water licence before the 18 licence expires. 19 (2) The application must be-- 20 (a) made to the chief executive in the approved form; and 21 (b) accompanied by the fee prescribed under a regulation. 22 (3) If a licensee applies to renew a licence, the licence remains in force 23 until-- 24 (a) the applicant has been given an information notice; or 25 (b) if the application is refused and the applicant has appealed against 26 the decision--until the date on which notification of the final 27 outcome of the appeal has been given to the applicant. 28

s 220 118 s 220 Water (4) If the chief executive is satisfied the application should be approved, 1 the chief executive must-- 2 (a) approve the application; or 3 (b) approve the application, subject to variation of the licence by 1 or 4 more of the following-- 5 (i) the amendment or revocation of a term to which it is subject 6 or the addition of another term; 7 (ii) the reduction of the volume of water the licensee is 8 authorised to take under the licence or the rates at which, and 9 the times when, it may be taken; 10 (iii) the reduction of the authority to interfere with the water. 11 (5) However, the variation to the licence under subsection (4)(b) must 12 not-- 13 (a) increase the volume of, rate of or times when water may be taken 14 under the licence; or 15 (b) increase the area of land that may be irrigated under the licence; or 16 (c) increase the interference with the flow of the water; or 17 (d) change the location from which water may be taken, or interfered 18 with, under the licence; or 19 (e) cause a significant adverse effect on-- 20 (i) the availability of water for the requirements of natural 21 ecosystems; or 22 (ii) the quality of water; or 23 (iii) availability of water for existing water entitlement holders; or 24 (iv) beneficial flooding. 25 (6) If the chief executive is not satisfied the application should be 26 approved, the chief executive must refuse the application. 27 (7) Within 30 business days after deciding the application, the chief 28 executive must-- 29 (a) give the applicant an information notice; and 30 (b) if the application is approved, give a new licence in the approved 31

s 221 119 s 222 Water form to-- 1 (i) the licensee; or 2 (ii) if after making the application the applicant has ceased to be 3 the owner of land to which the licence attaches--the 4 registered owner of the land. 5 (8) If the applicant is given a new licence, the licence has effect from the 6 day the applicant is given the licence. 7 expired water licence 8 Reinstating 221.(1) Subsection (2) applies if-- 9 (a) a licensee fails to renew a water licence before the licence expires; 10 and 11 (b) the licensee is the owner of the land to which the licence was 12 attached. 13 (2) The licensee may, within 1 year after the licence expires, apply to 14 have the licence reinstated. 15 (3) The application must be-- 16 (a) made to the chief executive in the approved form; and 17 (b) accompanied by the fee prescribed under a regulation. 18 (4) If a licensee applies to reinstate a licence, the expired licence is taken 19 to have been in force until the applicant has been notified of the chief 20 executive's decision on the application. 21 (5) For deciding the application, section 220(4) to (8) applies-- 22 (a) as if a reference in the section to the renewal of a licence were a 23 reference to the reinstatement of a licence; and 24 (b) with any other necessary changes. 25 water licence to another owner of the land 26 Transferring 222.(1) The licensee of a water licence may apply to transfer the licence 27 to-- 28 (a) any owner of the land to which the licence attaches; or 29

s 223 120 s 224 Water (b) a person who will be an owner of the land to which the licence 1 attaches at the time the transfer is approved. 2 (2) The application must be-- 3 (a) made to the chief executive in the approved form; and 4 (b) supported by evidence that enables the chief executive to transfer 5 the licence, including, for example the written consent of the 6 transferee; and 7 (c) accompanied by the fee prescribed under a regulation. 8 (3) The chief executive must give the transferee a new licence on 9 conditions that have the same effect as the conditions on the previous 10 licence, other than for the change of name of the licensee-- 11 (a) for an application made under subsection (1)(a)--within 12 30 business days after receiving the application; or 13 (b) for an application made under subsection (1)(b)--within 14 30 business days after the transferee gives the chief executive 15 notice that the transferee has become an owner of the land. 16 (4) The new licence has effect on the day the transferee is given the 17 licence. 18 water licence to other land 19 Transferring 223.(1) This section applies only if a regulation provides for all or part of 20 the authority to take water in relation to land to be transferred so that the 21 authority attaches to other land, whether in or outside Queensland. 22 (2) The licensee may apply to the chief executive to transfer all or part of 23 the authority in accordance with the regulation. 24 water licences 25 Amalgamating 224.(1) The licensee or licensees of 2 or more water licences relating to 26 the same land or contiguous land may apply to amalgamate the licences into 27 a single licence. 28 (2) The application must be-- 29 (a) made to the chief executive in the approved form; and 30

s 225 121 s 227 Water (b) accompanied by the fee prescribed under a regulation. 1 (3) The application must be dealt with under division 2, subdivisions 1 2 and 2, as if it were an application for a licence. 3 water licence 4 Subdividing 225.(1) The licensee of a water licence (the "original licence") may 5 apply to replace the original licence with 2 or more new licences. 6 (2) The application must be-- 7 (a) made to the chief executive in the approved form; and 8 (b) accompanied by the fee prescribed under a regulation. 9 (3) The application must be dealt with under sections 206 to 215 as if it 10 were an application for a licence. 11 (4) If the chief executive approves the application, the chief executive 12 must ensure that each new licence attaches only to land to which the original 13 licence related. 14 water licence 15 Surrendering 226.(1) A licensee may surrender a water licence by giving the chief 16 executive a notice of surrender. 17 (2) The surrender-- 18 (a) takes effect on the date on which the surrender notice is received 19 by the chief executive; and 20 (b) does not affect in any way a duty under this Act about works 21 imposed on the licensee before the surrender. 22 water licence 23 Cancelling 227.(1) The chief executive may cancel a water licence if the chief 24 executive is satisfied the licence should be cancelled. 25 (2) Section 218 applies to the cancellation-- 26

s 228 122 s 229 Water (a) as if a reference in the section to an amendment of the licence 1 were a reference to the cancellation of the licence; and 2 (b) with any other necessary changes. 3 Subdivision 5--Effects of land dealings on water licences 4 of licensee ceasing to be an owner of land 5 Effect 228.(1) Subsection (2) applies if a water licence attaches to land and the 6 licensee ceases to be an owner of the land. 7 (2) On the day the person ceases to be an owner of the land-- 8 (a) the person ceases to be the licensee; and 9 (b) the registered owner of the land becomes the new licensee. 10 (3) Within 30 business days after becoming the new licensee, the 11 registered owner must give the chief executive notice that the other person 12 has ceased to be the licensee. 13 (4) Within 30 business days after receiving the notice, the chief executive 14 must give the new licensee a new licence on conditions that have the same 15 effect as the conditions on the previous licence, other than for the change of 16 name of the licensee. 17 of disposal of part of land to which water licence attaches 18 Effect 229.(1) Subsection (2) applies if-- 19 (a) a water licence relating to land is in force; and 20 (b) the registered owner of the land disposes of part of the land. 21 (2) The licence expires on the day the owner disposes of the part. 22 (3) However, within 1 year after the day the owner disposes of the part, 23 1 or more of the owners of the land to which the expired licence related, 24 may apply for 1 or more licences ("replacement licences") to replace the 25 expired licence. 26 (4) An application must be-- 27 (a) made to the chief executive in the approved form; and 28

s 230 123 s 230 Water (b) accompanied by the fee prescribed under a regulation. 1 (5) If an application is made to replace a licence, the expired licence is 2 taken to have been in force until-- 3 (a) the applicant has been notified of the chief executive's decision on 4 the application; or 5 (b) if the application is refused and the applicant has appealed against 6 the decision--until the date on which notification of the final 7 outcome of the appeal has been given to the applicant. 8 (6) Subject to subsection (7), the application must be dealt with as if the 9 application were an application under section 225. 10 (7) The chief executive must also give notice of the application to all the 11 registered owners of the land to which the expired licence related. 12 (8) The notice must state-- 13 (a) that a written submission may be made about the application; and 14 (b) a day by which the submission must be made, and the person to 15 whom, and the place where, the submission must be made. 16 (9) The day stated under subsection (8)(b) must not be earlier than 17 30 business days after the day the notice is given. 18 3--Seasonal water assignment of water licences 19 Division of div 3 20 Application 230. This division applies if-- 21 (a) a water resource plan or the resource operations plan that 22 implements the water resource plan allows seasonal water 23 assignments; or 24 (b) for water licences to which no water resource plan or resource 25 operations plan applies--a regulation allows seasonal water 26 assignments of the licences and makes seasonal water assignment 27 rules. 28

s 231 124 s 233 Water for seasonal water assignment 1 Applying 231.(1) The licensee of a water licence may apply to assign all or part of 2 the benefits of a water licence to another person for the water year in which 3 the application is made. 4 (2) The application must be-- 5 (a) made to the chief executive in the approved form; and 6 (b) supported by sufficient information to enable the chief executive 7 to decide the application; and 8 (c) accompanied by the fee prescribed under a regulation. 9 information may be required 10 Additional 232. The chief executive may require-- 11 (a) the applicant to give additional information about the application; 12 or 13 (b) any information included in the application, or any additional 14 information required under paragraph (a), to be verified by 15 statutory declaration. 16 application for seasonal water assignment 17 Deciding 233.(1) If the application is in accordance with the seasonal water 18 assignment rules, the chief executive must approve the application, with or 19 without conditions. 20 (2) If the application is not in accordance with the rules, chief executive 21 must refuse the application. 22 (3) As soon as practicable after deciding the application, the chief 23 executive must give the applicant an information notice. 24 (4) If the chief executive grants the application, with or without 25 conditions, the chief executive must, as soon as practicable after approving 26 the application, give the proposed assignee a water permit for the water year 27 in the approved form. 28 (5) The assignment has effect from the day the information notice is 29 given to the applicant. 30

s 234 125 s 237 Water of approval on water licence 1 Effect 234. To the extent that the application is approved, the licensee is not 2 authorised to take water under the water licence. 3 of seasonal water assignment 4 Conditions 235. The water permit is subject to the conditions-- 5 (a) to which the water licence is subject; and 6 (b) prescribed under a regulation; and 7 (c) the chief executive may impose for a particular permit. 8 of ss 243, 244 and 246 to water permit 9 Application 236. Sections 243, 244 and 246 apply to a water permit granted under 10 this division. 11 Division 4--Water permits 12 for water permit 13 Applying 237.(1) A person may apply for a water permit for taking water for an 14 activity. 15 (2) At the time the application is made, the activity, including, for 16 example, the construction of a road, mineral exploration or petroleum 17 exploration, must have a reasonably foreseeable conclusion date. 18 (3) The application must be-- 19 (a) made to the chief executive in the approved form; and 20 (b) supported by sufficient information to enable the chief executive 21 to decide the application; and 22 (c) accompanied by the fee prescribed under a regulation. 23

s 238 126 s 240 Water information may be required 1 Additional 238. The chief executive may require-- 2 (a) the applicant to give additional information about the application; 3 or 4 (b) any information included in the application, or any additional 5 information required under paragraph (a), to be verified by 6 statutory declaration. 7 for deciding application for water permit 8 Criteria 239.(1) In deciding whether to grant or refuse the application or the 9 conditions for the water permit, the chief executive must consider the 10 following-- 11 (a) the application and additional information given in relation to the 12 application; 13 (b) any water resource plan or resource operations plan that may 14 apply to the permit; 15 (c) existing water entitlements and authorisations to take or interfere 16 with water; 17 (d) any information about the impacts on natural ecosystems; 18 (e) any information about the impacts on the physical integrity of 19 watercourses, lakes, springs or aquifers; 20 (f) policies developed in consultation with local communities for the 21 sustainable management of local water; 22 (g) the public interest. 23 (2) The chief executive may also consider whether the applicant has been 24 convicted of an offence against this Act, the repealed Act or an interstate 25 law. 26 application for water permit 27 Deciding 240.(1) If the chief executive is satisfied the application should be 28 granted, the chief executive must approve the application for a stated period, 29 with or without conditions. 30

s 241 127 s 243 Water (2) If the chief executive is not satisfied the application should be granted, 1 the chief executive must refuse the application. 2 (3) Within 30 business days after deciding the application, the chief 3 executive must give the applicant an information notice. 4 (4) If the chief executive grants the application, with or without 5 conditions, the chief executive must, within 30 business days after granting 6 the application, give the applicant a water permit in the approved form. 7 (5) The permit has effect from the day the information notice is given to 8 the applicant. 9 of water permit 10 Contents 241. A water permit-- 11 (a) relates to the location or locations stated on the permit; and 12 (b) must be granted for a stated period; and 13 (c) can not be transferred, amended, renewed or suspended; and 14 (d) must be for a stated activity. 15 of water permit 16 Conditions 242. The water permit is subject to the conditions-- 17 (a) prescribed under a regulation; and 18 (b) the chief executive may impose for a particular permit. 19 water permit 20 Surrendering 243.(1) A permittee may surrender a water permit by giving the chief 21 executive a notice of surrender. 22 (2) The surrender-- 23 (a) takes effect from the day the surrender notice is received by the 24 chief executive; and 25 (b) does not affect in any way a duty under this Act about works 26 imposed on the permittee before the surrender. 27

s 244 128 s 246 Water water permit 1 Cancelling 244.(1) The chief executive may cancel a water permit if the chief 2 executive is satisfied the licence should be cancelled. 3 (2) Section 218 applies to the cancellation-- 4 (a) as if a reference in the sections to-- 5 (i) an amendment were a reference to a cancellation; and 6 (ii) a licence were a reference to a permit; and 7 (iii) a licensee were a reference to a permittee; and 8 (b) with any other necessary changes. 9 Division 5--General 10 lost or destroyed water licence or permit 11 Replacing 245.(1) If a water licence or permit has been lost or destroyed, the 12 licensee or permittee may apply to the chief executive for a replacement 13 licence or permit. 14 (2) The application must be-- 15 (a) in writing; and 16 (b) accompanied by the fee prescribed under a regulation. 17 (3) If the applicant complies with subsection (2) the chief executive must 18 give the applicant a replacement licence or permit. 19 water taken under water licences or permits 20 Limiting 246.(1) If there is a shortage of water, the chief executive may limit the 21 water that may be taken under a water licence or permit, by publishing a 22 notice. 23 (2) The notice may be for any 1 or more of the following-- 24 (a) the times when water may be taken by a licensee or permittee; 25 (b) the purpose for which water may be taken; 26

s 247-257 129 s 259 Water (c) the volume of water, measured or estimated, that may be taken by 1 a licensee or permittee for a stated purpose. 2 (3) The notice remains in force for the period stated in the notice or, if no 3 period is stated, until the chief executive publishes another notice 4 withdrawing the first notice. 5 (4) A person must not take water in contravention of the notice. 6 Maximum penalty for subsection (4)--500 penalty units. 7 numbers not used 8 Section 247-257. See footnote to section 1. 9 ART 7--CATCHMENT AREAS 10 P catchment areas 11 Declaring 258. For preserving the quality of water, a regulation may declare an area 12 to be a catchment area. 13 land use in catchment area 14 Regulating 259.(1) The regulation may regulate-- 15 (a) the use of land in the catchment area, or a part of the area, 16 identified in the regulation; and 17 (b) the construction and use of buildings and structures on the land. 18 (2) To the extent that a planning scheme under the Integrated Planning 19 Act 1997 or a local law is inconsistent with the regulation, the planning 20 scheme or local law is ineffective. 21 (3) To the extent that a development approval under the Integrated 22 Planning Act 1997 is inconsistent with the regulation, the development 23 approval is ineffective. 24

s 260-265 130 s 266 Water (4) The regulation does not affect a person's power under this or another 1 Act to take action to protect the quality of water in the catchment area. 2 numbers not used 3 Section 260-265. See footnote to section 1. 4 PART 8--RIVERINE PROTECTION 5 Division 1--Granting permits for destroying, excavating or filling 6 for permit to destroy, excavate or fill 7 Applying 266.(1) A person may apply to the chief executive for a permit to do any 8 or all of the following activities-- 9 (a) destroy vegetation in a watercourse, lake or spring; 10 (b) excavate in a watercourse, lake or spring; 11 (c) place fill in a watercourse, lake or spring. 12 (2) If the applicant is not the registered owner of land that wholly 13 contains the watercourse, lake or spring or the part of the watercourse, lake 14 or spring where the activity is to take place, the application must include the 15 written consent of all owners of land-- 16 (a) wholly containing a length of the watercourse in which the activity 17 is to take place, or a part of the lake or spring where the activity is 18 to take place; or 19 (b) adjoining the watercourse, lake or spring, where the activity is to 20 take place. 21 (3) The application must-- 22 (a) be made to the chief executive in the approved form; and 23 (b) state the proposed activity and the purpose of the activity; and 24 (c) be accompanied by the fee prescribed under a regulation. 25

s 267 131 s 268 Water information may be required 1 Additional 267.(1) The chief executive may require-- 2 (a) the applicant to give additional information about the application, 3 including, for example, a statement of environmental effects; or 4 (b) any information included in the application, or any additional 5 information required under paragraph (a), to be verified by 6 statutory declaration. 7 (2) If the applicant fails, without reasonable excuse, to comply with the 8 request, the application lapses. 9 for deciding application for a permit to destroy, excavate or 10 Criteria fill 11 268. In deciding whether to grant or refuse the application or what should 12 be the conditions of the permit, the chief executive must consider the 13 following-- 14 (a) the effects of the proposed activity on water quality; 15 (b) the quantity of vegetation to be destroyed or material to be 16 excavated or placed; 17 (c) the type of vegetation to be destroyed or material to be excavated 18 or placed; 19 (d) the seasonal factors influencing the watercourse, lake or spring 20 from time to time; 21 (e) the position in the watercourse, lake or spring of the vegetation to 22 be destroyed or the proposed excavation or placing of fill; 23 (f) the reasons given by the applicant for wishing to carry out the 24 activity; 25 (g) whether, and to what extent, the activity that the permit would 26 allow may have an adverse effect on the physical integrity of the 27 watercourse, lake or spring; 28 (h) the implications of granting the permit for the long-term 29 sustainable use of the river systems of Australia, and especially 30 the cumulative effect of granting the application and likely similar 31

s 269 132 s 270 Water applications; 1 (i) any other matters the chief executive considers to be relevant. 2 application for permit to destroy, excavate or fill 3 Deciding 269.(1) If the chief executive is satisfied the application should be 4 approved, the chief executive must issue a permit, with or without 5 conditions. 6 (2) If the chief executive is not satisfied the application should be 7 approved, the chief executive must refuse the application. 8 (3) Within 30 business days after deciding the application, the chief 9 executive must give the applicant an information notice. 10 (4) If the chief executive grants the application, with or without 11 conditions, the chief executive must, within 30 business days after 12 approving the application, give the applicant a permit in the approved form. 13 (5) The permit-- 14 (a) has effect from the day the applicant is given the permit; and 15 (b) must state how long it is to stay in force. 16 Division 2--Dealings with permits 17 conditions or cancelling permit 18 Amending 270.(1) The chief executive may amend the conditions of, or cancel, the 19 permit, if-- 20 (a) the conditions of the permit are not being complied with or have 21 been contravened; or 22 (b) it becomes evident that any adverse effect of the permitted activity 23 on the physical integrity of the watercourse, lake or spring is 24 greater than was anticipated when the permit was issued. 25 (2) Before amending or cancelling the permit, the chief executive must 26 give the permittee a show cause notice inviting the permittee to show cause, 27 within the reasonable time stated in the notice, why the permit should not be 28 amended or cancelled. 29

s 271 133 s 272 Water whether to proceed with proposed cancellation or 1 Deciding amendment 2 271.(1) In deciding whether to cancel or amend the permit, the chief 3 executive must consider any properly made submission about the proposed 4 cancellation or amendment. 5 (2) If the chief executive is satisfied the permit should be amended or 6 cancelled, the chief executive must give the permittee-- 7 (a) an information notice; and 8 (b) if the permit is amended--an amended permit in the approved 9 form. 10 (3) If the chief executive is not satisfied the permit should be amended or 11 cancelled, the chief executive must give the permittee notice that the permit 12 will not be amended or cancelled. 13 (4) If the permit is cancelled or amended, the amendment or cancellation 14 takes effect from the day the permittee is given the information notice. 15 suspension of permit in exceptional circumstances 16 Immediate 272.(1) In addition to giving the permittee a show cause notice about the 17 amendment or cancellation of the permit, the chief executive may give the 18 permittee an information notice that immediately suspends the permit. 19 (2) The suspension has effect from the day the permittee is given the 20 notice. 21 (3) The notice may be given only if the chief executive is satisfied 22 exceptional circumstances exist in relation to the permit to cause the chief 23 executive reasonable concern for the physical integrity of the watercourse, 24 lake or spring. 25 (4) The permittee must not act under the permit during the period the 26 permit is suspended, unless the permittee has a reasonable excuse. 27 Maximum penalty--1 665 penalty units. 28 (5) The notice has effect until-- 29 (a) the permit is amended or cancelled; or 30 (b) the chief executive gives the permittee notice that the suspension 31

s 273 134 s 273 Water has been withdrawn. 1 (6) If the chief executive is satisfied the suspension should not continue, 2 the chief executive must give the permittee notice that the suspension has 3 been withdrawn. 4 (7) If suspension of the permit is withdrawn, the withdrawal takes effect 5 from the day the permittee is given notice of the withdrawal. 6 (8) After the suspension is withdrawn, the permit remains in effect only 7 for the period during which it would have been in effect but for the 8 suspension. 9 Division 3--Notices 10 to owner of land to remove vegetation etc. 11 Notice 273.(1) This section applies if-- 12 (a) there is on any land vegetation, litter, refuse or other matter; and 13 (b) it appears to the chief executive that-- 14 (i) the vegetation, litter, refuse or matter-- 15 (A) has obstructed, or may obstruct, the flow of water in a 16 watercourse, lake or spring; or 17 (B) has had, or may have, a significant adverse effect on the 18 physical integrity of a watercourse, lake or spring; or 19 (C) has significantly affected, or may significantly affect, 20 the quality of water in a watercourse, lake or spring; and 21 (ii) action should be taken in relation to the vegetation, litter, 22 refuse or matter to protect or restore the flow of water in the 23 watercourse, lake or spring, the physical integrity of the 24 watercourse, lake or spring or the quality of water in the 25 watercourse, lake or spring. 26 (2) The chief executive may give notice to the owner of the land requiring 27 the person to take the reasonable action stated in the notice within the 28 reasonable time and in the way, if any, stated in the notice. 29 (3) The owner must comply with the notice, unless the owner has a 30

s 274-278 135 s 280 Water reasonable excuse. 1 Maximum penalty--1 665 penalty units. 2 (4) For section 851, the notice is taken to be a compliance notice. 3 (5) In this section-- 4 "vegetation" includes non-native vegetation of any kind. 5 numbers not used 6 Section 274-278. See footnote to section 1. 7 PART 9--QUARRY MATERIALS 8 Division 1--Preliminary 9 and management of certain quarry material 10 Ownership 279. Despite the Forestry Act 1959-- 11 (a) quarry material that is in the part of a watercourse or lake, the 12 beds and banks of which are the property of the State, is the 13 property of the State; and 14 (b) all quarry material is under the control of the chief executive. 15 2--Granting and selling allocations of quarry material 16 Division for allocation of quarry material 17 Applying 280.(1) Any person may apply for an allocation of quarry material. 18 (2) The application must be-- 19 (a) made to the chief executive in the approved form; and 20

s 281 136 s 282 Water (b) supported by sufficient information to enable the chief executive 1 to decide the application; and 2 (c) accompanied by the fee prescribed under a regulation. 3 information may be required 4 Additional 281.(1) For deciding the application, the chief executive may require all 5 or any of the following-- 6 (a) the applicant to give additional information about the application; 7 (b) the applicant to pay to the chief executive the reasonable amount 8 decided by the chief executive by way of contribution towards the 9 costs of research and investigations necessary for deciding the 10 application; 11 (c) any information included in the application, or any additional 12 information required under paragraph (a), to be verified by 13 statutory declaration. 14 (2) If the applicant does not give the chief executive the further 15 information, documents or amount by the reasonable date stated in the 16 notice, the application lapses. 17 for deciding application for allocation of quarry material 18 Criteria 282.(1) In deciding whether to grant or refuse the application or what 19 should be the conditions of the allocation, the chief executive must consider 20 the impact the removal of the quarry material will have on the long term 21 sustainable use of the watercourse or lake, including the following-- 22 (a) the physical integrity of the watercourse or lake, including bed and 23 bank stability; 24 (b) the condition of the watercourse or lake, including its ability to 25 function naturally; 26 (c) the supply of sediments to estuaries and the sea from the 27 watercourse or lake; 28 (d) the quarry material available in the watercourse or lake and any 29 existing quarry material allocations for the watercourse or lake. 30

s 283 137 s 284 Water (2) Subsection (1) does not stop the chief executive from considering 1 other matters relevant to the removal of the material. 2 application for allocation of quarry material 3 Deciding 283.(1) If the chief executive is satisfied the application should be 4 approved, the chief executive must grant the application, with or without 5 conditions. 6 (2) If the chief executive is not satisfied the application should be 7 approved, the chief executive must refuse the application. 8 (3) Within 30 business days after deciding the application, the chief 9 executive must give the applicant-- 10 (a) notice of the decision; and 11 (b) if the chief executive grants the application, with or without 12 conditions--an allocation notice in the approved form. 13 (4) The allocation notice-- 14 (a) has effect from the day stated in the notice; and 15 (b) remains in force, unless sooner cancelled or suspended, for the 16 period decided by the chief executive but not more than 5 years. 17 allocation of State quarry material by auction or tender 18 Selling 284.(1) The chief executive may sell by auction or tender an allocation of 19 State quarry material. 20 (2) In selling the allocation, the chief executive must consider the impact 21 the removal of the quarry material will have on the long term sustainable 22 use of the watercourse or lake, including the matters mentioned in 23 section 282. 24 (3) The chief executive must give the buyer an allocation notice. 25 (4) Sections 285 to 287 apply to the allocation notice. 26

s 285 138 s 288 Water Division 3--Content and conditions of allocation notices 1 of allocation notices 2 Content 285. Without limiting what may be included in an allocation notice, the 3 notice must state-- 4 (a) the quantity of quarry material for the allocation; and 5 (b) the maximum rate for extracting the quarry material. 6 of allocation notices 7 Conditions 286. An allocation notice is subject to-- 8 (a) the condition that the allocation holder give to the chief executive, 9 within 7 days after the end of each month, a written return in the 10 approved form for all quarry material removed by the holder, in 11 the month; and 12 (b) any other condition stated in the allocation notice. 13 assurance for allocation of quarry material 14 Financial 287.(1) Without limiting section 286(b), the allocation of quarry material 15 may be subject to a condition that the allocation holder give the chief 16 executive financial assurance in the form, and for the reasonable amount, 17 decided by the chief executive. 18 (2) The financial assurance must continue in force, until all the conditions 19 of the allocation notice are complied with to the satisfaction of the chief 20 executive. 21 Division 4--Dealings with allocations of quarry material 22 allocation of quarry material 23 Transferring 288.(1) The allocation notice holder may apply to transfer all or part of 24 the allocation to another person. 25 (2) The application must be-- 26

s 289 139 s 289 Water (a) made to the chief executive in the approved form; and 1 (b) supported by sufficient information to enable the chief executive 2 to decide the application, including, for example, the consent of 3 the transferee to the transfer; and 4 (c) accompanied by the fee prescribed under a regulation. 5 (3) Within 30 business days after receiving the application, the chief 6 executive must-- 7 (a) if the transfer is for all the allocation--approve the transfer; or 8 (b) if the transfer is for part of the allocation-- 9 (i) approve the transfer, as applied for, with or without 10 conditions; or 11 (ii) approve the transfer, as varied by the chief executive, with or 12 without conditions; or 13 (iii) refuse the transfer. 14 (4) In making a decision under subsection (3)(b), the chief executive 15 must consider the impact the transfer will have for the matters mentioned in 16 section 282. 17 (5) Within 30 business days after deciding the application, the chief 18 executive must-- 19 (a) give the applicant and the transferee an information notice; and 20 (b) if the renewal is approved, with or without conditions--give the 21 transferee a new allocation notice in accordance with the approval; 22 and 23 (c) if the application was not to transfer all of an allocation 24 notice--give the applicant an amended allocation notice for the 25 part not transferred. 26 (6) The transfer has effect from the day the information notice is given. 27 allocations of quarry material 28 Renewing 289.(1) The allocation notice holder may apply to renew the allocation 29 notice. 30

s 290 140 s 290 Water (2) The application must be-- 1 (a) made to the chief executive in the approved form; and 2 (b) accompanied by the fee prescribed under a regulation. 3 (3) Within 30 business days after receiving the application, the chief 4 executive must-- 5 (a) approve the renewal, as applied for, with or without conditions; or 6 (b) approve the renewal, as varied by the chief executive, with or 7 without conditions; or 8 (c) refuse the renewal. 9 (4) In deciding whether to renew the allocation, the chief executive must 10 consider the impact the renewal will have for the matters mentioned in 11 section 282. 12 (5) Within 30 business days after deciding the application, the chief 13 executive must give the applicant-- 14 (a) an information notice; and 15 (b) if the renewal is approved, with or without conditions--a new 16 allocation notice in accordance with the approval. 17 suspending or cancelling allocation notice 18 Amending, 290.(1) The chief executive may amend, suspend or cancel an allocation 19 notice if the chief executive is satisfied, or reasonably believes-- 20 (a) the allocation notice was granted in error or in consequence of a 21 false or fraudulent document, statement or representation; or 22 (b) the allocation notice holder-- 23 (i) is convicted of an offence against this Act; or 24 (ii) failed to comply with a condition of the allocation notice; or 25 (c) unforeseen degradation in the condition of the watercourse or lake 26 requires the allocation notice to be amended, suspended or 27 cancelled. 28 (2) An amendment under subsection (1) must not increase the quantity of 29 material that may be extracted, the rate of extraction or the period for which 30

s 291 141 s 291 Water the allocation notice has effect. 1 (3) Before amending, suspending or cancelling an allocation notice, the 2 chief executive must give the holder a show cause notice inviting the holder 3 to show cause, within the reasonable time stated in the notice, why the 4 allocation notice should not be amended, suspended or cancelled. 5 whether to proceed with proposed amendment, suspension 6 Deciding or cancellation of allocation notice 7 291.(1) In deciding whether to amend, suspend or cancel the allocation 8 notice, the chief executive must consider any properly made submission 9 about the proposed amendment, suspension or cancellation. 10 (2) If the chief executive is satisfied the allocation notice should be 11 amended, suspended or cancelled, the chief executive must amend, suspend 12 or cancel the allocation notice. 13 (3) If the chief executive is satisfied the allocation notice should not be 14 amended, suspended or cancelled, the chief executive must give the holder a 15 notice that the allocation notice will not be amended, suspended or cancelled. 16 (4) Within 30 business days after amending, suspending or cancelling the 17 allocation notice, the chief executive must give the holder an information 18 notice about the amendment, suspension or cancellation. 19 (5) The amendment, suspension or cancellation takes effect the day the 20 holder is given the information notice. 21 (6) If the allocation notice is amended, the chief executive must give the 22 holder an amended allocation notice. 23 (7) If the allocation notice is suspended, it is of no effect during the 24 period of suspension and after the suspension remains in effect only for the 25 period during which it would have been in effect but for the suspension. 26 (8) The suspension may be for the reasonable period the chief executive 27 decides. 28

s 292 142 s 299 Water Division 5--General 1 or price for State quarry material 2 Royalty 292.(1) For State quarry material removed under an allocation notice, 3 royalty at the rate prescribed under a regulation or the price set for the sale is 4 payable to the State in the way and at the times prescribed under the 5 regulation or the sale. 6 (2) Royalty or the price payable and not paid is a debt due to the State. 7 (3) A person who fails to pay the royalty or the price payable commits an 8 offence against this Act. 9 Maximum penalty--50 penalty units. 10 numbers not used 11 Section 293-298. See footnote to section 1. 12 PART 10--WATER BORE DRILLERS 13 Division 1--Granting water bore driller's licences 14 for water bore driller's licence 15 Applying 299.(1) An individual may apply for a water bore driller's licence. 16 (2) The application must-- 17 (a) be made to the chief executive in the approved form; and 18 (b) state the class of licence prescribed under a regulation for which 19 the applicant is applying; and 20 (c) state any licence endorsements, prescribed under a regulation, the 21 applicant is applying for; and 22 (d) be supported by evidence that the applicant has the qualifications 23 or experience prescribed under a regulation for a water bore 24

s 300 143 s 301 Water driller; and 1 (e) be accompanied by the fee prescribed under a regulation. 2 information may be required 3 Additional 300.(1) The chief executive may require-- 4 (a) the applicant to give additional information about the applicant's 5 experience or history in the water bore drilling industry, including, 6 for example if the applicant has-- 7 (i) been convicted of an offence against this Act, the repealed 8 Acts or an interstate law; or 9 (ii) held a licence to drill water bores that has been cancelled or 10 suspended under this Act, the repealed Acts or an interstate 11 law; or 12 (b) any information included in the application, or any additional 13 information required under paragraph (a), to be verified by 14 statutory declaration. 15 (2) If the applicant fails, without reasonable excuse, to comply with the 16 request, the application lapses. 17 application for water bore driller's licence 18 Deciding 301.(1) If the chief executive is satisfied the application should be 19 approved, the chief executive must grant the application. 20 (2) If the chief executive is not satisfied the application should be 21 approved, the chief executive must refuse the application. 22 (3) Within 30 business days after deciding the application, the chief 23 executive must give the applicant a water bore driller's licence in the 24 approved form-- 25 (a) for a particular class of licence; and 26 (b) with particular endorsements; and 27 (c) with or without conditions. 28 (4) If the application is refused or the licence given to the applicant is 29

s 302 144 s 305 Water different, in any respect, from the licence applied for, the chief executive 1 must give the applicant an information notice. 2 (5) The licence has effect for 5 years from the day stated in it. 3 of water bore driller's licence 4 Conditions 302.(1) The water bore driller's licence is subject to the conditions-- 5 (a) prescribed under a regulation; and 6 (b) the chief executive may impose for a particular licence. 7 (2) Without limiting subsection (1), the conditions may limit the types of 8 equipment and drilling methods the licence holder may use. 9 application for water bore driller's licence 10 Refusing 303. If the chief executive refuses the application, the chief executive 11 must give the applicant an information notice within 30 business days after 12 deciding the application. 13 Division 2--Dealings with water bore driller's licences 14 to amend water bore driller's licence 15 Applying 304.(1) A licence holder may apply to amend a water bore driller's 16 licence, including to upgrade the licence. 17 (2) An application to amend the licence must be dealt with under 18 section 299 to 303 as if it were an application for a licence. 19 show cause notice about proposed amendment of water bore 20 Giving driller's licence 21 305.(1) Subsection (2) applies if the chief executive is satisfied the licence 22 holder is no longer competent to carry out water bore drilling activities 23 authorised by the licence. 24 (2) The chief executive must give the holder a show cause notice as to 25 why the licence should not be amended in the way stated in the notice. 26

s 306 145 s 308 Water proposed amendment of water bore driller's licence 1 Deciding 306.(1) In deciding whether to proceed with the proposed amendment, 2 the chief executive must consider any properly made submission about the 3 proposed amendment. 4 (2) If the chief executive is satisfied the proposed amendment should be 5 made the chief executive must, within 30 business days after the decision, 6 give the licensee an amended licence in the approved form and an 7 information notice. 8 (3) If the holder agrees in writing to an amendment that is different from 9 the amendment stated in the show cause notice, the chief executive must, 10 within 30 business days after the agreement is received, give the licensee an 11 amended licence in the approved form. 12 (4) If the chief executive is not satisfied the amendment should be made, 13 the chief executive must give the holder notice that the licence will not be 14 amended. 15 (5) The amended licence takes effect from the day the holder is given the 16 amended licence. 17 amendment of water bore driller's licence 18 Minor 307. The chief executive may amend the licence without complying with 19 the provisions of this division about amending a licence if the amendment is 20 only-- 21 (a) to correct a minor error in the licence, or make another change that 22 is not a change of substance; or 23 (b) if the licence states that an amendment of a stated type may be 24 made to the licence by amendment under this section--to make 25 an amendment of the stated type. 26 water bore driller's licence 27 Renewing 308.(1) The licence holder may apply to renew a water bore driller's 28 licence. 29 (2) The application must be-- 30 (a) made to the chief executive in the approved form; and 31

s 309 146 s 309 Water (b) made before the licence expires; and 1 (c) accompanied by the fee prescribed under a regulation. 2 (3) If the holder applies to renew the licence, the licence remains in force 3 until the applicant has been notified of the chief executive's decision on the 4 application. 5 (4) After considering the application and any need to change the class, 6 endorsements or conditions shown on the licence, if the chief executive is 7 satisfied the application should be approved, the chief executive must-- 8 (a) approve the application; or 9 (b) approve the application, subject to variation of the class, 10 endorsements or conditions shown on the licence. 11 (5) If the chief executive is not satisfied the application should be 12 approved, the chief executive must refuse the application. 13 (6) Within 30 business days after deciding the application, the chief 14 executive must give the applicant an information notice. 15 (7) The chief executive, on approving the application, must give the 16 holder a new licence in the approved form. 17 water bore driller's licence 18 Suspending 309.(1) The chief executive may suspend a water bore driller's licence if 19 the chief executive is satisfied the licence holder-- 20 (a) has been convicted of an offence against this Act, the repealed 21 Acts or an interstate law; or 22 (b) has carried out water bore drilling activities not permitted for the 23 class of licence; or 24 (c) has failed to comply with the conditions of the licence; or 25 (d) has failed to comply with section 313. 26 (2) Before the chief executive acts under subsection (1), the chief 27 executive must give the holder a show cause notice about the proposed 28 suspension. 29 (3) In deciding whether to suspend the licence, the chief executive must 30 consider any properly made submission about the proposed suspension. 31

s 310 147 s 310 Water (4) If the chief executive is satisfied the licence should be suspended, the 1 chief executive must, within 30 business days after the decision, give the 2 holder an information notice. 3 (5) If the chief executive is not satisfied the licence should be suspended, 4 the chief executive must give the holder notice that the licence will not be 5 suspended. 6 (6) The suspension takes effect from the day the information notice is 7 given to the holder. 8 (7) If the licence is suspended, it is of no effect during the period of 9 suspension. 10 water bore driller's licence 11 Cancelling 310.(1) The chief executive may cancel a water bore driller's licence if the 12 chief executive is satisfied---- 13 (a) the licence was granted or renewed in error or in consequence of a 14 false or misleading representation or declaration (made either 15 orally or in writing); or 16 (b) the holder-- 17 (i) has been convicted of an offence against this Act, the 18 repealed Acts or an interstate law; or 19 (ii) has carried out water bore drilling activities not permitted 20 under the licence; or 21 (iii) has failed to comply with the conditions of the licence. 22 (2) Before the chief executive acts under subsection (1), the chief 23 executive must give the holder a show cause notice about the proposed 24 cancellation. 25 (3) In deciding whether to cancel the licence, the chief executive must 26 consider any properly made submission about the proposed cancellation. 27 (4) If the chief executive is satisfied the licence should be cancelled, the 28 chief executive must, within 30 business days after the decision, give the 29 holder an information notice. 30 (5) If the chief executive is not satisfied the licence should be cancelled, 31 the chief executive must give the holder notice that the licence will not be 32

s 311 148 s 312 Water cancelled. 1 (6) The cancellation takes effect from the day the information notice is 2 given to the holder. 3 Division 3--General 4 of licence to authorised officer 5 Production 311.(1) This section applies if an authorised officer finds an individual in 6 circumstances that lead, or has information that leads, the authorised officer 7 to reasonably suspect the individual is-- 8 (a) drilling, deepening, enlarging or casing a water bore; or 9 (b) removing, replacing, altering or repairing the casing, lining or 10 screening of a water bore; or 11 (c) decommissioning a water bore. 12 (2) The authorised officer may require the individual to produce the 13 individual's water bore driller's licence for the authorised officer's 14 inspection. 15 (3) If the individual holds a current water bore driller's licence, the 16 individual must comply with the requirement, unless the individual has a 17 reasonable excuse. 18 Maximum penalty--50 penalty units. 19 (4) When making the requirement, the authorised officer must warn the 20 individual it is an offence to fail to produce the licence, unless the individual 21 has a reasonable excuse. 22 (5) Subsection (3) does not apply to the individual who is carrying out an 23 activity under the Petroleum Act 1923 or the Mineral Resources Act 1989 if 24 the activity would not result in a water bore being left as a functional bore 25 for the supply of water at the end of the activity. 26 to return suspended, cancelled or expired licence 27 Failure 312.(1) Subsection (2) applies if an individual's water bore driller's 28 licence has been suspended, cancelled or has expired. 29

s 313 149 s 314 Water (2) The individual must, unless the individual has a reasonable excuse for 1 not returning the licence, return the licence to the chief executive as soon as 2 practicable (but within 15 business days) after-- 3 (a) for the suspension of a licence--the day notice of the suspension 4 was given to the individual; or 5 (b) for the cancellation of a licence--the day notice of the cancellation 6 was given to the individual. 7 Maximum penalty for subsection (2)--50 penalty units. 8 (3) If a licence has been returned to the chief executive under 9 subsection (2) because of suspension of the licence, the chief executive must 10 return the licence to the individual at the end of the period of suspension. 11 of water bores drilled 12 Records 313.(1) A water bore driller's licence holder must keep, in the approved 13 form, information prescribed under a regulation about each water bore 14 drilled by the holder. 15 (2) The holder must record the information as each water bore is being 16 drilled. 17 Maximum penalty--50 penalty units. 18 (3) The holder must give to the chief executive a copy of the information 19 about each water bore within 30 business days after completing the drilling 20 of the water bore. 21 Maximum penalty for subsection (3)--50 penalty units. 22 lost or destroyed water bore driller's licence 23 Replacing 314.(1) If a water bore driller's licence has been lost or destroyed, the 24 licence holder may apply to the chief executive for a replacement licence. 25 (2) The application must be-- 26 (a) in writing; and 27 (b) accompanied by the fee prescribed under a regulation. 28 (3) If the holder complies with subsection (2) the chief executive must 29

s 315-325 150 s 328 Water give the holder a replacement licence. 1 numbers not used 2 Section 315-325. See footnote to section 1. 3 ART 11--OPERATIONS LICENCE 4 P Division 1--Preliminary 5 of pt 11 6 Purpose 326.(1) Under this part, the chief executive may grant an operations 7 licence for a single operation for the taking water by a person as an agent 8 for 2 or more water entitlement holders. 9 (2) An operations licence-- 10 (a) must state the water entitlements to which the licence relates; and 11 (b) must state the volumes, rates and times when the water may be 12 taken; and 13 (c) may be transferred, amended, suspended or cancelled. 14 of pt 11 15 Application 327. This part applies to water entitlements not managed under a resource 16 operations licence. 17 Division 2--Granting operations licences 18 for operations licence 19 Applying 328.(1) A person may apply for an operations licence. 20 (2) The application must be-- 21

s 329 151 s 331 Water (a) made to the chief executive in the approved form; and 1 (b) accompanied by the written consent of the relevant entitlement 2 holders; and 3 (c) supported by sufficient information to enable the chief executive 4 to decide the application; and 5 (d) accompanied by the fee prescribed under a regulation. 6 information may be required 7 Additional 329. The chief executive may require-- 8 (a) the applicant to give additional information about the application; 9 or 10 (b) any information included in the application, or any additional 11 information required under paragraph (a), to be verified by 12 statutory declaration. 13 for deciding application for operations licence 14 Criteria 330. In deciding whether to grant or refuse the application or what should 15 be the conditions of the operations licence, the chief executive-- 16 (a) must consider the application and additional information given in 17 relation to the application; and 18 (b) may consider whether the applicant has been convicted of an 19 offence against this Act, the repealed Act or an interstate law. 20 application for operations licence 21 Deciding 331.(1) If the chief executive is satisfied the application should be 22 approved, the chief executive must approve the application, with or without 23 conditions. 24 (2) If the chief executive is not satisfied the application should be 25 approved, the chief executive must refuse the application. 26 (3) Within 30 business days after deciding the application, the chief 27 executive must-- 28

s 332 152 s 333 Water (a) give the applicant an information notice about the decision; and 1 (b) give the relevant entitlement holders notice of the decision. 2 (4) If the chief executive grants the application, with or without 3 conditions, the chief executive must, within 30 business days after 4 approving the application-- 5 (a) give the applicant an operations licence in the approved form; and 6 (b) give the relevant entitlement holders notice of the approval and 7 that the holder must not take water under the entitlement. 8 (5) The licence has effect from the day the information notice is given to 9 the applicant. 10 of operations licence 11 Conditions 332.(1) The operations licence is subject to the conditions-- 12 (a) prescribed under a regulation; and 13 (b) the chief executive may impose for a particular licence. 14 (2) Without limiting subsection (1), the conditions may require the 15 licensee to do all or any of the following-- 16 (a) install a measuring device to measure the volume of water taken, 17 the rate at which it is taken and the time it is taken; 18 (b) give relevant information reasonably required by the chief 19 executive for the administration or enforcement of this Act. 20 Division 3--Dealings with operations licences 21 operations licences on application of licensee 22 Amending 333.(1) The licensee may apply to amend an operations licence. 23 (2) The application to amend the licence must be dealt with under 24 section 328 to 332 as if it were an application for a licence. 25

s 334 153 s 335 Water show cause notice about proposed amendment of operations 1 Giving licence 2 334.(1) The chief executive may amend an operations licence if the chief 3 executive is satisfied the licence should be amended. 4 (2) Before the chief executive acts under subsection (1), the chief 5 executive must give the licensee a show cause notice about the proposed 6 amendment. 7 (3) In deciding whether to amend the licence, the chief executive must 8 consider any properly made submission about the proposed amendment. 9 (4) If the chief executive is satisfied the proposed amendment should be 10 made, the chief executive must, within 30 business days after the decision, 11 give the licensee an amended licence in the approved form and an 12 information notice. 13 (5) If the chief executive is not satisfied the amendment should be made, 14 the chief executive must give the licensee notice that the licence will not be 15 amended. 16 (6) The amended licence takes effect from the day the information notice 17 is given to the licensee. 18 chief executive must amend operations licence 19 When 335.(1) Subsection (3) applies if-- 20 (a) a water entitlement holder gives the chief executive notice in the 21 approved form that the holder no longer wishes the holder's water 22 to be taken under the operations licence; or 23 (b) a water entitlement holder ceases to be a water entitlement holder. 24 (2) An amendment under subsection (1)(b) may, with the consent of the 25 new entitlement holder and the licensee, be to include the new holder instead 26 of the previous holder. 27 (3) The chief executive must-- 28 (a) amend an operations licence; and 29 (b) give the licensee a copy of the notice received under 30 section 335(1)(a) and an amended licence in the approved form; 31 and 32

s 336 154 s 338 Water (c) advise the entitlement holder of the action taken. 1 (4) The amended licence takes effect from the day stated in the amended 2 licence. 3 (5) The day stated in the amended licence must not be earlier than 4 5 business days after the day the chief executive gives the licensee an 5 amended licence. 6 amendment of operations licence 7 Minor 336.(1) The chief executive may amend the operations licence without 8 complying with the provisions of this division about amending a licence if 9 the amendment is only to correct a minor error in the licence, or make 10 another change that is not a change of substance; or 11 (2) If the chief executive amends a licence under subsection (1), the chief 12 executive must give the licensee an amended licence in the approved form. 13 operations licence 14 Transferring 337.(1) The licensee may apply to transfer the operations licence. 15 (2) The application must be-- 16 (a) made to the chief executive in the approved form; and 17 (b) accompanied by the fee prescribed under a regulation. 18 (3) Within 30 business days after receiving the application, the chief 19 executive must give the transferee a new licence on conditions that have the 20 same effect as the licence being transferred, other than for the change of 21 name of the licensee. 22 operations licence 23 Surrendering 338.(1) A licensee may surrender an operations licence by giving the 24 chief executive a notice of surrender. 25 (2) The surrender-- 26 (a) takes effect on the date on which the surrender notice is received 27 by the chief executive; and 28

s 339 155 s 361 Water (b) does not affect in any way a duty under this Act about works 1 imposed on the licensee before the surrender. 2 of operations licence 3 Cancelling 339.(1) The chief executive may cancel an operations licence if the chief 4 executive is satisfied the licence should be cancelled. 5 (2) Section 334 applies to the cancellation-- 6 (a) as if a reference in the section to an amendment of the licence 7 were a reference to the cancellation of the licence; and 8 (b) with any other necessary changes. 9 numbers not used 10 Section 340-360. See footnote to section 1. 11 HAPTER 3--INFRASTRUCTURE AND SERVICE 12 C ART 1--PRELIMINARY 13 P of ch 3 14 Purpose 361. The purpose of this chapter is to-- 15 (a) provide for a regulatory framework for providing water and 16 sewerage services in Queensland; and 17 (b) provide for the functions and powers of service providers; and 18 (c) protect the interests of customers of service providers; and12 19 (d) provide for the regulation of referable dams; and 20 (e) provide for flood mitigation responsibilities. 21 12 See the Health Act 1937, section 33(2)(k) with respect to drinking water quality.

s 362 156 s 371 Water of chapter to local governments 1 Application 362. Nothing in this chapter affects the powers of a local government or 2 an authorised person under the Local Government Act 1993. 3 numbers not used 4 Section 363-369. See footnote to section 1. 5 PART 2--SERVICE PROVIDERS 6 Division 1--Registration of service providers 7 must apply for registration as a service provider 8 Who 370. The following persons must, before commencing to operate as a 9 service provider, apply for registration as a service provider-- 10 (a) each local government that owns infrastructure for supplying 11 water or sewerage services; 12 (b) each water authority that owns infrastructure for supplying water 13 or sewerage services; 14 (c) each person who is the legal owner of 1 or more elements of 15 infrastructure for supplying water or sewerage services for which 16 a charge is intended to be made.13 17 for registration as a service provider 18 Applying 371.(1) An application for registration as a service provider must be-- 19 (a) made to the regulator in the approved form; and 20 (b) supported by sufficient information to enable the regulator to 21 decide the application; and 22 13 See section 823 (Supplying unauthorised services)

s 372 157 s 373 Water (c) accompanied by the fee prescribed under a regulation. 1 (2) The regulator may require-- 2 (a) the applicant to give additional information about the application; 3 or 4 (b) the information included in the application, or the additional 5 information required under paragraph (a), to be verified by 6 statutory declaration. 7 as a service provider 8 Registration 372.(1) If the regulator is satisfied the applicant has complied with 9 section 371, the regulator must-- 10 (a) register the applicant in the service provider register as a service 11 provider for the service shown in the application; and 12 (b) give the applicant notice of the registration. 13 (2) The registration takes effect the day the regulator registers the 14 applicant in the register as a service provider. 15 to amend service provider's details of registration 16 Applying 373.(1) A service provider may apply to change the service provider's 17 details of registration in the service provider register by, for example-- 18 (a) including a service or adding infrastructure for which the service 19 provider is not currently registered; or 20 (b) removing a service or infrastructure for which the service 21 provider is currently registered. 22 (2) The application must be made to the regulator in the approved form. 23 (3) On receiving the application-- 24 (a) the regulator must record the changes in the register; and 25 (b) give the service provider a copy of the service provider's details, 26 including the amendments, as registered in the register. 27

s 374 158 s 375 Water of transfer of infrastructure 1 Notice 374.(1) Subsection (2) applies if a service provider (the "transferor") 2 intends to transfer the ownership of the service provider's infrastructure for 3 a registered service to another person (the "transferee"). 4 (2) The transferor must give the regulator notice of the proposed transfer. 5 (3) The notice must be-- 6 (a) in the approved form; and 7 (b) accompanied by the fee prescribed under a regulation. 8 (4) The regulator may require-- 9 (a) the transferor or transferee to give additional information about 10 the notice; or 11 (b) the information included in the notice, or the additional 12 information required under paragraph (a), to be verified by 13 statutory declaration. 14 transferee as a service provider 15 Registering 375.(1) If the regulator is satisfied the transferor has complied with 16 section 374, the regulator must-- 17 (a) cancel the transferor's registration as a service provider for the 18 infrastructure and services shown in the notice of the proposed 19 transfer; and 20 (b) register the transferee in the service provider register as a service 21 provider for the infrastructure and services; and 22 (c) give the transferor notice of the cancellation under paragraph (a); 23 and 24 (d) give the transferee notice of the registration under paragraph (b). 25 (2) The registration-- 26 (a) must not be on a day earlier than the day the regulator received the 27 notice of the proposed transfer; but 28 (b) may, if the transferor and transferee give their written agreement, 29 be on a later day. 30

s 376 159 s 377 Water (3) On the registration-- 1 (a) the transferor stops being the service provider for the 2 infrastructure and services; and 3 (b) the transferee becomes the service provider for the infrastructure 4 and services. 5 (4) Subsection (5) applies if-- 6 (a) the ownership of infrastructure is transferred under this section; 7 and 8 (b) the regulator has given a compliance notice to the transferor 9 before registration takes effect under subsection (2); and 10 (c) the transferor has not complied with the notice. 11 (5) The transferee is taken to have been the service provider given the 12 notice. 13 of intention to stop operating as a service provider 14 Notice 376.(1) Subsection (2) applies if-- 15 (a) a service provider is likely to stop supplying a registered service; 16 and 17 (b) there is no other entity willing to take over the operation of all or 18 part of the service provider's infrastructure for the service. 19 (2) The service provider must give the regulator 20 business days notice 20 of the possible stoppage unless the service provider has a reasonable excuse 21 for not giving the notice.14 22 Maximum penalty--1 000 penalty units. 23 as a service provider is not a right to water entitlement or 24 Registration resource operations licence 25 377. To remove any doubt, it is declared that registration as a service 26 provider does not, of itself, entitle a person registered as a service provider 27 to a water entitlement or a resource operations licence. 28 14 See section 955(1)(a)(ii).

s 378 160 s 381 Water and changing service provider registration details 1 Reviewing 378.(1) Within 30 business days after 30 June each year, each service 2 provider must review the service provider's registration details. 3 (2) If the details have changed since the last review, the service provider 4 must give the regulator notice of the change in the approved form. 5 (3) On receiving the notice the regulator-- 6 (a) must record the changes in the register; and 7 (b) give the service provider a copy of the service provider's details, 8 including the changes, as registered in the register. 9 Division 2--General powers of service providers and authorised persons 10 for div 2 11 Definition 379. In this division-- 12 "place" does not include a part of a place used for residential purposes. 13 of div 2 14 Application 380. This division applies only to the services for which a service 15 provider is registered. 16 to disconnect unauthorised connections 17 Power 381.(1) Subsection (2) applies if a person makes an unauthorised 18 connection to the service provider's infrastructure. 19 (2) The service provider may give the person a notice asking the person 20 to state, within the reasonable time stated in the notice, why the service 21 provider should not disconnect the connection. 22 (3) The time stated in the notice must not be less than 48 hours after the 23 notice is given. 24 (4) If the person does not satisfy the service provider, within the time 25 stated in the notice, why the connection should not be disconnected-- 26

s 382 161 s 382 Water (a) an authorised person may enter the place where the connection is 1 and disconnect the connection; and 2 (b) the service provider may recover from the person, as a debt due to 3 the service provider-- 4 (i) the cost of the disconnection; and 5 (ii) the value of any service used by the person through the 6 connection. 7 (5) However, if the connection is causing damage to the service 8 provider's infrastructure-- 9 (a) an authorised person may, without notice, enter the place where 10 the connection is and disconnect the connection; and 11 (b) the service provider may recover from the person, as a debt due to 12 the service provider-- 13 (i) the cost of the disconnection; and 14 (ii) the value of any service used by the person through the 15 connection. 16 (6) If an authorised person enters a place under subsection (5), the 17 authorised person must give a notice to the person who appears to the 18 authorised person to be the owner of, or in control of, the place, advising the 19 purpose of the entry. 20 (7) If there is no person at the place at the time of the entry under 21 subsection (5), the authorised person must-- 22 (a) leave the notice at the place; and 23 (b) ensure the notice is left in a reasonably secure way and in a 24 conspicuous position. 25 to direct remedial work 26 Power 382.(1) This section applies if the service provider requires a person to 27 rectify defective or improper equipment that is connected to, or is adversely 28 impacting on, the service provider's infrastructure. 29 (2) The service provider may give the person a notice to rectify the 30 equipment within the reasonable time stated in the notice. 31

s 383 162 s 384 Water (3) If the person does not rectify the equipment within the time stated in 1 the notice-- 2 (a) an authorised person may enter the place where the equipment is 3 and rectify the equipment; and 4 (b) the service provider may recover from the person, as a debt due, 5 the cost of the rectification. 6 to install meters 7 Power 383.(1) A service provider may install, or approve the installation of, a 8 meter in a position, decided by the service provider, on infrastructure 9 supplying water to premises. 10 (2) The meter is the property of the service provider even if it is installed 11 inside the boundary of the premises. 12 to enter places for restricted purposes 13 Power 384.(1) An authorised person may enter a place to inspect, operate, 14 change, maintain, remove, repair or replace a service provider's 15 infrastructure at the place. 16 (2) However, the authorised person may enter the place at any reasonable 17 time only if-- 18 (a) the occupier consents to the entry; or 19 (b) the service provider has given the occupier at least 14 days notice 20 of the entry and the purpose of the entry; or 21 (c) the service provider needs to take urgent action to protect its 22 infrastructure at the place. 23 (3) After entering the place, the authorised person may carry out the 24 activity that is the purpose of the entry. 25 (4) If an authorised person enters a place under subsection (2)(b), the 26 authorised officer must give a notice to the person who appears to the 27 authorised person to be the owner of, or in control of, the place, advising the 28 purpose of the entry. 29 (5) If there is no person at the place at the time of the entry under 30

s 385 163 s 386 Water subsection (2)(b), the authorised person must-- 1 (a) leave the notice at the place; and 2 (b) ensure the notice is left in a reasonably secure way and in a 3 conspicuous position. 4 notice of damage 5 Giving 385.(1) If the authorised person, in the exercise or purported exercise of a 6 power under this division, damages anything, the authorised person must 7 immediately give notice of the particulars of the damage. 8 (2) The notice must be given to the person who appears to the authorised 9 person to be the owner of, or in control of, the thing damaged. 10 (3) If, for any reason, it is not practicable to comply with subsection (2), 11 the authorised person must-- 12 (a) leave the notice at the place where the damage happened; and 13 (b) ensure the notice is left in a reasonably secure way and in a 14 conspicuous position. 15 for damage 16 Compensation 386.(1) A person may claim compensation from the service provider if 17 the person incurs loss or expense because of the exercise or purported 18 exercise of a power under this division by the authorised person or the 19 service provider. 20 (2) Payment of compensation may be claimed and ordered in a 21 proceeding for compensation brought in a court of competent jurisdiction. 22 (3) A court may order the payment of compensation for the loss or 23 expense only if it is satisfied it is just to make the order in the circumstances 24 of the particular case. 25 (4) For this section, loss or expense does not include loss or expense 26 caused by the act of removing an unauthorised connection or rectifying 27 defective or improper equipment. 28

s 387 164 s 388 Water of costs 1 Recovery 387.(1) This section applies if-- 2 (a) a person damages a service provider's infrastructure; or 3 (b) a service provider suffers loss because a person-- 4 (i) makes an unauthorised connection to the service provider's 5 infrastructure; or 6 (ii) discharges unauthorised material into the service provider's 7 infrastructure; or 8 (iii) interferes with the service provider's infrastructure; or 9 (iv) pollutes the water in the service provider's infrastructure. 10 (2) The service provider may recover from the person, as a debt due to 11 the service provider, the amount of the loss or the reasonable cost of 12 repairing the damage. 13 Division 3--Power to restrict water supply 14 water supply 15 Restricting 388.(1) If a water service provider considers it necessary, because of 16 climatic conditions or water conservation needs, the water service provider 17 may restrict-- 18 (a) the volume of water supplied to a customer or type of customer; 19 or 20 (b) the hours when water may be used on premises for stated 21 purposes; or 22 (c) the way water may be used on premises. 23 (2) The water service provider may impose a restriction under 24 subsection (1) (a "water restriction") only if-- 25 (a) there is an urgent need for the water restriction; or 26 (b) the available water supply has fallen to a level at which 27 unrestricted use of the water is not in the public interest; or 28 (c) the service provider has a reasonable and comprehensive demand 29

s 389 165 s 390 Water management strategy and the restriction is essential to ensure the 1 aims of the strategy are met; or 2 (d) the Minister has published a notice under section 22 or if a 3 regulation has been made under section 23. 4 (3) However, a restriction imposed under subsection (1) must be 5 consistent with conditions contained in the service provider's resource 6 operations licence, interim resource operations licence, water licence or 7 water allocation, relating to the supply of the water. 8 of water restriction must be given 9 Notice 389.(1) The water service provider must give notice of the water 10 restriction to anyone affected by it in the way the service provider considers 11 appropriate having regard to the circumstances in which the restriction is 12 imposed. 13 (2) The water restriction does not have effect until the day after the notice 14 is given. 15 (3) A person must not contravene a water restriction. 16 Maximum penalty for subsection (3)--200 penalty units. 17 interruptions to water supply 18 Temporary 390.(1) A water service provider may shut off the water supply to 19 premises for the time reasonably necessary for the service provider to 20 perform work on the service provider's infrastructure, including a property 21 service. 22 (2) However, the service provider must give to anyone likely to be 23 affected by shutting off the water supply at least 48 hours notice of its 24 intention to shut off the water supply, advising the reasons for shutting it 25 off, and for how long it will be shut off. 26 (3) Subsection (2) does not stop the service provider shutting off its 27 water supply, without notice, if there is-- 28 (a) a serious risk to public health; or 29

s 391 166 s 393 Water (b) a likelihood of serious injury to persons or damage to property; or 1 (c) another emergency. 2 4--Authorised persons 3 Division authorised persons 4 Appointing 391. A service provider may appoint a person to be an authorised person 5 if-- 6 (a) the service provider is satisfied the person has the necessary 7 expertise or experience to be an authorised person; or 8 (b) the person has satisfactorily finished training approved by the 9 service provider. 10 Authorised person's identity cards 11 392.(1) The service provider must give an identity card to each authorised 12 person. 13 (2) The identity card must-- 14 (a) contain a recent photograph of the person; and 15 (b) be signed by the person; and 16 (c) identify the person as an authorised person; and 17 (d) include an expiry date. 18 to return identity card 19 Failure 393. A person who ceases to be an authorised person must give the 20 person's identity card to the service provider within 15 business days after 21 the person ceases to be an authorised person, unless the person has a 22 reasonable excuse. 23 Maximum penalty--50 penalty units. 24

s 394 167 s 396-407 Water and displaying identity card 1 Producing 394.(1) An authorised person may exercise a power under division 2 in 2 relation to someone else (the "other person") only if the authorised 3 person-- 4 (a) first produces the authorised person's identity card for the other 5 person's inspection; or 6 (b) has the identity card displayed so it is clearly visible to the other 7 person. 8 (2) However, if for any reason it is not practicable to comply with 9 subsection (1) before exercising the power, the authorised person must 10 produce the identity card for the other person's inspection at the first 11 reasonable opportunity. 12 Division 5--Liability of service providers 13 of service providers for negligence 14 Liability 395.(1) A service provider is not liable for an event beyond the control of 15 the service provider. 16 (2) Subsection (1) does not affect, or in any way limit, the liability of the 17 service provider for negligence. 18 numbers not used 19 Section 396-407. See footnote to section 1. 20

s 408 168 s 408 Water PART 3--SERVICE PROVIDER OBLIGATIONS 1 Division 1--Strategic asset management plans 2 Subdivision 1--Preparing, certifying and approving strategic asset 3 management plans 4 strategic asset management plan 5 Preparing 408.(1) Each service provider must have an approved strategic asset 6 management plan for ensuring continuity of supply of each of the service 7 provider's registered services. 8 (2) The service provider must prepare a strategic asset management plan 9 for approval by the regulator. 10 (3) The plan must state the following matters-- 11 (a) the registered services to which the plan applies; 12 (b) the infrastructure for providing the services; 13 (c) standards for appropriate levels of service and performance 14 indicators for the service; 15 (d) an operation, maintenance and renewals strategy that 16 demonstrates how each standard will be achieved. 17 (4) The plan must also-- 18 (a) identify the methodology used by the service provider for 19 developing the standards, including, for example, cost 20 considerations in deciding appropriate levels of service; and 21 (b) have regard to best practice industry standards for the registered 22 services; and 23 (c) be prepared in accordance with the guidelines, if any, approved by 24 the regulator for preparing the plan. 25

s 409 169 s 411 Water strategic asset management plan 1 Certifying 409.(1) The strategic asset management plan must be certified by a 2 registered professional engineer as being appropriate for the service 3 provider's infrastructure and registered services. 4 (2) The certification must include the engineer's name and registration 5 details. 6 strategic asset management plan for approval 7 Submitting 410. The service provider must, within 1 year after the day the service 8 provider is registered, give a copy of the strategic asset management plan to 9 the regulator for approval. 10 Maximum penalty--500 penalty units. 11 strategic asset management plan 12 Approving 411.(1) The regulator must, within 3 months after receiving the strategic 13 asset management plan, approve the plan and give the service provider 14 notice of the approval unless the regulator is satisfied-- 15 (a) the plan was not certified by a registered professional engineer; or 16 (b) the plan is inadequate in a material particular. 17 (2) The notice must also tell the service provider-- 18 (a) the intervals at which regular reviews of the approved plan must 19 be conducted; and 20 (b) if the regulator requires regular audits of the approved plan under 21 section 417--the intervals at which the audits must be conducted. 22 (3) An interval mentioned in subsection (2)(a) must not be less than 23 1 year. 24 (4) An interval mentioned in subsection (2)(b) must not be less than 25 2 years. 26 (5) The regulator may obtain advice from an advisory committee before 27 approving the plan. 28

s 412 170 s 413 Water strategic asset management plan 1 Refusing 412.(1) If the regulator is satisfied the plan has not been certified by a 2 registered professional engineer, the regulator must-- 3 (a) return the plan to the service provider; and 4 (b) give the service provider a notice stating that the plan must be-- 5 (i) certified by a registered professional engineer; and 6 (ii) returned to the regulator within the reasonable time stated in 7 the notice. 8 (2) If the regulator is satisfied the plan is inadequate in a material 9 particular, the regulator must return the plan to the service provider and give 10 the service provider an information notice. 11 (3) For deciding if a plan is inadequate in a material particular, the 12 regulator must take account of cost considerations for the service provider 13 and its customers in addressing the material particular. 14 (4) The information notice must also state how the plan is inadequate in a 15 material particular and that-- 16 (a) the plan must be revised and returned to the regulator within the 17 reasonable time stated in the notice; or 18 (b) a new plan must be prepared, certified and given to the regulator 19 within the reasonable time stated in the notice. 20 (5) The service provider must comply with subsection (4) and give the 21 regulator a copy of the revised plan or new plan for approval under 22 section 411. 23 strategic asset management plan 24 Changing 413.(1) The service provider may, with the regulator's agreement, change 25 the strategic asset management plan after it is approved. 26 (2) The plan, as changed in the way agreed by the regulator, is taken to be 27 approved by the regulator. 28

s 414 171 s 417 Water with approved strategic asset management plan 1 Complying 414. The service provider must comply with the approved strategic asset 2 management plan, when supplying the services to the service provider's 3 customers. 4 2--Audit reports and reviews 5 Subdivision strategic asset management plan 6 Reviewing 415.(1) The service provider must, in accordance with the notice given by 7 the regulator under section 411, regularly review the strategic asset 8 management plan. 9 (2) The purpose of the review is to ensure the plan remains relevant 10 having regard to best practice industry standards for the types of services 11 provided by the service provider. 12 (3) The service provider must, in its annual report, state-- 13 (a) the outcome of the review; and 14 (b) how the service provider has addressed matters raised in the 15 review. 16 strategic asset management plan following review 17 Changing 416.(1) Subsection (2) applies if a review of the strategic asset 18 management plan indicates the plan should be changed to reflect best 19 practice industry standards for the types of services provided by the service 20 provider. 21 (2) The service provider, within 30 business days after the review ends, 22 must give the regulator a modified strategic asset management plan 23 including the indicated changes. 24 (3) Section 411 applies to the modified plan. 25 regular audit reports 26 Providing 417.(1) The service provider must, in accordance with the notice given by 27 the regulator under section 411, arrange for regular audit reports to be 28

s 418 172 s 418 Water prepared about the service provider's strategic asset management plan and 1 compliance with the plan. 2 (2) The purpose of the regular audit report is to-- 3 (a) verify the accuracy of performance data provided through the 4 annual report; and 5 (b) assess the service provider's technical ability to meet the 6 standards identified in the plan. 7 (3) The regular audit report must be-- 8 (a) prepared by a registered professional engineer (the "auditor") 9 who is not-- 10 (i) an employee of the service provider; or 11 (ii) the engineer who prepared or certified the plan; or 12 (iii) an engineer employed in operating the service provider's 13 infrastructure; and 14 (b) given to the regulator within 30 days after its completion; and 15 (c) available for inspection and purchase. 16 Maximum penalty for subsection (3)(b)--500 penalty units. 17 about regular audit report 18 Declarations 418.(1) The regular audit report must be accompanied by a statutory 19 declaration by the service provider and the auditor. 20 (2) The service provider's declaration must be made-- 21 (a) if the service provider is an individual--by the service provider; 22 or 23 (b) if the service provider is a corporation--by an executive officer of 24 the corporation. 25 (3) The service provider's declaration must state that the service 26 provider-- 27 (a) has not knowingly given any false or misleading information to 28 the auditor; and 29

s 419 173 s 419 Water (b) has given all relevant information to the auditor. 1 (4) The auditor's declaration must-- 2 (a) state the auditor's qualifications and experience relevant to the 3 audit; and 4 (b) state that the auditor has not knowingly included any false, 5 misleading or incomplete information in the report; and 6 (c) state that the auditor has not knowingly failed to reveal any 7 relevant information or document to the regulator; and 8 (d) certify that-- 9 (i) the report addresses the relevant matters for the evaluation 10 and is factually correct; and 11 (ii) the opinions expressed in it are honestly and reasonably held. 12 audits of strategic asset management plans 13 Spot 419.(1) Subsection (2) applies if-- 14 (a) the regulator is satisfied, or reasonably believes-- 15 (i) a service provider is not complying with the service 16 provider's strategic asset management plan; or 17 (ii) a service provider's strategic asset management plan is no 18 longer relevant for the service provider's registered services; 19 or 20 (b) a service provider does not-- 21 (i) have an audit report prepared under section 417; or 22 (ii) give the regulator a copy of an audit report under 23 section 417. 24 (2) In addition to any regular audit mentioned in section 417, the 25 regulator may, by giving a service provider a show cause notice, arrange for 26 a spot audit report on the service provider's strategic asset management 27 plan. 28 (3) The spot audit report must be prepared by a registered professional 29 engineer (the "auditor"). 30

s 420 174 s 421 Water (4) The regulator must give the service provider a copy of the report 1 within 30 business days after its completion. 2 (5) Subsections (6) and (8) apply if the report states either or both of the 3 following-- 4 (a) there is a significant deficiency in the service provider's strategic 5 asset management plan; 6 (b) the service provider has not properly carried out the plan. 7 (6) The regulator must give the service provider an information notice 8 requiring the service provider, within the reasonable time stated in the 9 notice, to-- 10 (a) if subsection (5)(a) applies--rectify the deficiency; or 11 (b) if subsection (5)(b) applies--properly carry out the plan. 12 (7) If the service provider does not appeal against the information notice 13 or an appeal against the notice is dismissed, the service provider must 14 comply with the notice, unless the service provider has a reasonable excuse. 15 Maximum penalty--1 665 penalty units. 16 (8) The regulator may recover from the service provider an amount equal 17 to the cost of completing the report. 18 about spot audit report 19 Declarations 420.(1) The spot audit report submitted to the regulator must be 20 accompanied by a statutory declaration by the auditor. 21 (2) The declaration must state the matters mentioned in section 418(4). 22 for conducting audit reports 23 Access 421.(1) For conducting an audit under this division, a service provider 24 must give the auditor, and any person employed or authorised by the auditor 25 to participate in conducting the audit, free and uninterrupted access to the 26 service provider's infrastructure and any records relating to the 27 infrastructure. 28 Maximum penalty--200 penalty units. 29

s 422 175 s 425 Water (2) However, the auditor and any person employed or authorised by the 1 auditor to participate in the conduct of the audit must not enter the premises 2 of a customer of the service provider unless the customer agrees to the 3 entry. 4 2--Customer service standards 5 Division of div 2 6 Purpose 422. The purpose of this division is to ensure customers who do not have 7 a supply contract with the service provider are protected by standards 8 relating to the supply of registered services. 9 of div 2 10 Application 423.(1) This division applies to a service provider if the service provider 11 does not have a supply contract with all of its customers. 12 (2) Sections 427 and 428 do not apply to an agency to which the 13 Parliamentary Commissioner Act 1974 applies. 14 customer service standards 15 Preparing 424. The service provider must, within 1 year after the service provider is 16 registered-- 17 (a) prepare a customer service standard for the service; and 18 (b) give a copy of the standard to both the regulator and all customers 19 of the service provider who do not have a contract mentioned in 20 section 423. 21 of customer service standard 22 Content 425. The customer service standard must state the following-- 23 (a) the level of service to be provided by the service provider; 24 (b) the process for service connections, billing, metering, accounting, 25 customer consultation, complaints and dispute resolution; 26

s 426 176 s 427 Water (c) any other matter stated in guidelines, if any, approved by the 1 regulator for preparing customer service standards. 2 with customer service standard 3 Complying 426. The service provider must comply with the customer service 4 standard, when supplying services to the service provider's customers. 5 complaints 6 Customer 427.(1) Subsection (2) applies if-- 7 (a) a customer considers there is a significant deficiency in the 8 customer service standard or the service provider has not 9 complied with the standard; and 10 (b) the customer can not resolve the complaint through negotiation 11 with the service provider. 12 (2) The customer may give the regulator notice of the complaint. 13 (3) If the customer gives the regulator a notice under subsection (2), the 14 regulator must-- 15 (a) give the service provider a copy of the notice; and 16 (b) inquire into the matter. 17 (4) After inquiring into the matter, the regulator must give the service 18 provider a notice-- 19 (a) if the service provider has not complied with the service 20 provider's customer service standard--requiring the service 21 provider to comply with the standard; or 22 (b) if the complaint highlights a deficiency in the standard--requiring 23 the service provider to revise the standard; or 24 (c) if the regulator is satisfied no action is required in relation to the 25 complaint--that the regulator will not take any further action. 26 (5) The notice is taken to be a compliance notice to which section 780(3) 27 does not apply. 28

s 428 177 s 430 Water (6) The regulator must give the customer an information notice about the 1 action taken under subsection (4). 2 customer service standard 3 Revising 428. If, under section 427, the regulator requires the service provider to 4 revise the customer service standard, the service provider must-- 5 (a) revise the standard having regard to the complaint; and 6 (b) give the regulator and each customer of the service provider a 7 copy of the revised standard. 8 customer service standard 9 Reviewing 429.(1) The service provider must review the customer service standard 10 each year. 11 (2) If because the review, the service provider changes the standard, the 12 service provider must give the regulator and each customer of the service 13 provider a copy of the changed standard. 14 Division 3--Annual reports 15 provider to report annually 16 Service 430.(1) The service provider must prepare, for each financial year after a 17 strategic asset management plan has been approved, an annual report. 18 (2) The service provider must also prepare, for each financial year after a 19 customer service standard has been given to the regulator, an annual report. 20 (3) A report mentioned in subsection (1) may be combined with a report 21 mentioned in subsection (2). 22 (4) The report must-- 23 (a) for a report mentioned in subsection (1)-- 24 (i) measure the service provider's performance for the financial 25 year for the services for which the service provider is 26 registered against the strategic asset management plan for the 27

s 430 178 s 430 Water services; and 1 (ii) document the actions taken by the service provider to 2 implement the plan including the application of funds to 3 support implementation of the plan; and 4 (iii) state the outcome of any review of the plan and how the 5 service provider has addressed matters raised in the review; 6 and 7 (iv) contain a summary of the findings of and any 8 recommendations stated in an audit report given to the 9 regulator in the financial year to which the report relates; or 10 (b) for a report mentioned in subsection (2)-- 11 (i) measure the service provider's performance for the financial 12 year for the services for which the service provider is 13 registered against the customer service standard for the 14 services; and 15 (ii) state the outcome of any review of the plan and how the 16 service provider has addressed matters raised in the review. 17 (5) A copy of the report must be given to the regulator within 18 120 business days after the end of the financial year. 19 Maximum penalty--500 penalty units. 20 (6) Subsections (4) and (5) do not apply to a service provider-- 21 (a) if the service provider is a local government; and 22 (b) the local government includes the information in subsection (4) in 23 a report required under the Local Government Act 1993, 24 section 531; and 25 (c) the local government gives a copy of the report mentioned in 26 paragraph (b) to the regulator within 30 business days after the 27 report is adopted. 28 (7) A copy of a report mentioned in subsection (4) or (6)(c) must be 29 available for inspection and purchase. 30

s 431 179 s 433 Water Division 4--Water for fire fighting 1 of div 4 2 Application 431. This division applies only to a service provider who provides a retail 3 water service. 4 charge for water for fire fighting purposes 5 No 432.(1) A water service provider must not make a charge for water taken 6 from a fire fighting system for fire fighting purposes. 7 (2) However, the service provider may fix a meter to any private fire 8 fighting system. 9 from fire fighting system to be used only for fire fighting 10 Water purposes 11 433.(1) A person must not take water from a fire fighting system without 12 the permission of the service provider unless the water is taken for fire 13 fighting purposes.15 14 Maximum penalty--1 000 penalty units. 15 (2) If a person is convicted of an offence against subsection (1), the 16 service provider may recover from the person, as a debt due, the amount of 17 the loss or the reasonable cost of repairing any damage caused by the 18 unlawful taking of the water. 19 15 Under the Fire and Rescue Authority Act 1990, section 53(2)(h), the Queensland Fire and Rescue authority may take water for fire fighting purposes from any source whether natural or artificial.

s 434 180 s 436 Water Division 5--Exemptions for small service providers 1 service providers may apply for exemption from divs 1-3 2 Small 434.(1) A small service provider may apply to the regulator for an 3 exemption from complying with division 1, 2 or 3. 4 (2) The application must be in the approved form. 5 application for exemption 6 Deciding 435.(1) Subsection (2) applies if the regulator is satisfied it is not 7 reasonably practicable for the small service provider to comply with 1 or 8 more of the following provisions because the cost of complying would 9 outweigh the benefit to the service provider's customers-- 10 (a) division 1; 11 (b) division 2; 12 (c) division 3. 13 (2) The regulator must grant the exemption, with or without conditions. 14 (3) In deciding the application, the regulator must have regard to the 15 guidelines, if any, issued by the regulator for granting exemptions under this 16 division. 17 (4) If an exemption is given on conditions, the exemption operates only if 18 the conditions are complied with. 19 (5) If the regulator is not satisfied under subsection (1), the regulator 20 must refuse to grant the exemption. 21 of decision on application for exemption 22 Notice 436.(1) If the regulator exempts the small service provider from 23 complying with division 1, 2 or 3, the regulator must give the service 24 provider information notice of the exemption. 25 (2) The regulator must also, as soon as is practicable after giving an 26 exemption, give notice of the exemption in the gazette. 27 (3) The gazette notice must state the following-- 28

s 437 181 s 448 Water (a) the small service provider to whom the exemption applies; 1 (b) the registered service to which the exemption applies; 2 (c) any conditions to which the exemption is subject; 3 (d) any limit on the duration of the exemption. 4 (4) The Statutory Instruments Act 1992, sections 24 to 26 apply to an 5 exemption as if it were a statutory instrument. 6 (5) If the regulator refuses to grant the exemption, the regulator must give 7 the service provider an information notice about the refusal. 8 or amending an exemption 9 Cancelling 437.(1) If the circumstances under which an exemption was given 10 change, the small service provider must immediately give the regulator 11 notice of the change. 12 (2) The regulator may amend or cancel an exemption-- 13 (a) after receiving a notice under subsection (1); or 14 (b) if the regulator becomes aware of a change in the circumstances 15 under which the exemption was given. 16 numbers not used 17 Section 438-447. See footnote to section 1. 18 ART 4--SERVICE AREAS 19 P Division 1--Preliminary 20 of pt 4 21 Application 448. This part applies to a service provider who supplies a retail water 22 service or sewerage service in a service area. 23

s 449 182 s 451 Water 2--Service areas 1 Division of service area 2 Declaration 449.(1) A local government, by resolution, may declare-- 3 (a) all or part of its local government area to be a service area; and 4 (b) the service provider for the service area. 5 (2) A local government must not declare an entity, other than the local 6 government, to be the service provider for the area unless the other entity 7 agrees in writing to the declaration before the declaration is made. 8 (3) A local government, by resolution, may amend the declaration by 9 adding an area to, or removing an area from, the service area. 10 (4) A resolution must not be made under subsection (3) without the 11 written agreement of the service provider. 12 (5) A resolution under subsection (1) or (3) takes effect on-- 13 (a) if the declaration states a day--the day stated; or 14 (b) if paragraph (a) does not apply--the day the declaration is made. 15 (6) A local government must not declare an area to be a service area for a 16 retail water service or a sewerage service if the area has already been 17 declared for another retail water service or sewerage service. 18 of declaration of service area 19 Notice 450. If a local government makes or amends a declaration under 20 section 449, the service provider must-- 21 (a) publish a notice of the declaration or amendment; and 22 (b) make the notice available for inspection and purchase under the 23 Local Government Act 1993. 24 of service area 25 Map 451.(1) The service provider for a registered service in a service area 26 must keep a map showing, for the service-- 27

s 452 183 s 452 Water (a) the limits of the service area; and 1 (b) the location of the service provider's infrastructure. 2 (2) The service provider must-- 3 (a) if the service provider is not the local government--give the local 4 government a copy of the map; and 5 (b) update the map at least annually; and 6 (c) make the map available for inspection and purchase. 7 3--Access to services in service areas 8 Division to service in service area 9 Access 452.(1) The service provider must, to the greatest practicable extent, 10 ensure that-- 11 (a) all premises in the service area are able to be connected directly 12 and separately to the service provider's infrastructure for the area; 13 and 14 (b) if 2 or more premises are part of a premises group--the premises 15 group, rather than each individual premises, is able to be 16 connected, directly and separately to its infrastructure; and 17 (c) the infrastructure can deal with the service requirements of all 18 premises in the service area; and 19 (d) for a retail water service--the design of its infrastructure allows 20 for a connection point at or within the boundary of each premises 21 connected to the service; and 22 (e) if the service is a sewerage service--the design of its 23 infrastructure allows for a connection point-- 24 (i) at or within the boundary of each premises connected to the 25 service; and 26 (ii) to the greatest practicable extent, at an invert level below 27 ground level at which the sanitary drain or property sewer 28 laid at minimum grade is capable of servicing the premises. 29

s 453 184 s 454 Water (2) A property service is part of the service provider's infrastructure for a 1 water service. 2 (3) In this section-- 3 "premises group" means the land comprised in 2 or more premises all the 4 owners of which have mutual rights and obligations under the Body 5 Corporate and Community Management Act 1997 or the Building 6 Units and Group Titles Act 1980 for their respective ownerships, and 7 includes the common property forming part of-- 8 (a) if the premises are lots included in a community titles scheme 9 under the Body Corporate and Community Management Act 10 1997--the scheme land for the scheme; or 11 (b) if the premises are lots under the Building Units and Group Titles 12 Act 1980--the parcel of which the premises form part. 13 cost of giving access to registered service 14 Recovering 453. The service provider may recover from a customer the reasonable 15 cost of complying with section 452 for the customer's premises. 16 service provider not required to supply water in service area 17 When 454.(1) This section applies if-- 18 (a) the owner of premises in the service area wants the service 19 provider to supply water to the premises; and 20 (b) the service provider can not supply water from its infrastructure to 21 the premises at a satisfactory pressure because of physical 22 constraints. 23 (2) The service provider must supply water to the premises if the owner 24 installs enough water storage tanks and pumps to ensure that water can be 25 supplied at a satisfactory pressure and flow. 26 (3) The service provider may impose conditions on the installation of the 27 water storage tanks and pumps, including, for example, a condition 28 requiring that a pump installed on the supply side of a water storage tank 29 does not cause negative pressures in the service provider's water main. 30

s 455 185 s 456 Water 4--Connecting to registered services 1 Division may ask for connection to service provider's infrastructure 2 Owner 455.(1) This section applies if an owner of premises in the service area 3 asks the service provider to connect the owner's premises to the service 4 provider's infrastructure. 5 (2) The service provider must advise the owner of any work the service 6 provider considers reasonably necessary to be carried out on the premises 7 and any reasonable connection fee to enable the premises to be connected to 8 the infrastructure.16 9 (3) When the owner has satisfactorily completed the work and paid the 10 connection fee, the service provider must connect the owner's property to 11 the infrastructure. 12 requiring connection to registered service 13 Notice 456.(1) The service provider may, by notice given to the owner of 14 premises in a service area, require the owner to carry out works for 15 connecting the premises to a registered service. 16 (2) The notice must state-- 17 (a) the work to be carried out on the premises to enable the service to 18 be supplied;17 and 19 (b) a reasonable period, but not less than 20 business days, for 20 completing the work; and 21 (c) that the work must be completed within the stated period or any 22 extension of the period agreed to by the service provider; and 23 (d) anything else the owner must do to enable the service to be 24 supplied. 25 (3) The owner must comply with the notice, unless the owner has a 26 16 If the work is self-assessable development or assessable development under the Integrated Planning Act 1997, that Act applies to the work. 17 The Integrated Planning Act 1997 provides for the process of granting approvals for the work.

s 457 186 s 458-468 Water reasonable excuse. 1 Maximum penalty--200 penalty units. 2 (4) When the owner has satisfactorily completed the work, the service 3 provider must connect the owner's premises to the service provider's 4 infrastructure. 5 Division 5--Restricting domestic water supply 6 domestic water supply in certain circumstances 7 Restricting 457.(1) This section applies if-- 8 (a) premises used for domestic purposes are connected to a water 9 service; and 10 (b) the owner or occupier of the premises-- 11 (i) contravenes a water restriction; or 12 (ii) does not pay the rate or charge for the service; and 13 (c) the owner or occupier has been given a notice not to continue to 14 contravene the restriction or to pay the rate or charge; and 15 (d) the owner or occupier continues to contravene the restriction or 16 refuses to pay the rate or charge. 17 (2) The service provider may reduce the water supply to the premises to 18 the minimum level necessary for the health and sanitation purposes of the 19 owner or occupier. 20 (3) However, the service provider must not completely shut off the water 21 supply to the premises. 22 numbers not used 23 Section 458-468. See footnote to section 1. 24

s 469 187 s 470 Water ART 5--TRADE WASTE 1 P waste approvals 2 Trade 469.(1) A local government that is a sewerage service provider may give 3 a person an approval to discharge trade waste (a "trade waste approval") 4 into the local government's sewerage infrastructure. 5 (2) Before giving the approval, the local government must consider the 6 effect of the proposed discharge on any existing or potential re-use of waste 7 water or sludge. 8 (3) The local government may give the approval only if the local 9 government is satisfied that-- 10 (a) having regard to the amount, type and strength of the proposed 11 discharge, the discharge will not harm the sewerage or the health 12 and safety of anyone working on the sewerage; and 13 (b) the sewage treatment plant to treat the waste is capable of treating 14 the waste to an acceptable standard; and 15 (c) if the local government has an environmental plan about trade 16 waste management, as defined under the Environmental 17 Protection (Water Policy) 1997--the proposed discharge into the 18 sewerage is consistent with the plan. 19 (4) In this section-- 20 "sludge" means semi-liquid solids settled from sewage in septic tanks, 21 arresters and sewage treatment plants. 22 "waste water" means the spent or used water of a community or industry 23 that contains dissolved or suspended matter. 24 may be conditional 25 Approval 470. The local government may give the trade waste approval on 26 conditions, including, for example, conditions about 1 or more of the 27 following-- 28 (a) the maximum daily quantity of trade waste that may be 29 discharged; 30

s 471 188 s 471 Water (b) the maximum permissible rate of the discharge; 1 (c) the permissible limits for the quality of the waste, including limits 2 for suspended solids, biochemical oxygen demand, acidity and 3 alkalinity; 4 (d) whether the waste must be treated before being discharged into 5 the local government's sewerage; 6 (e) the appropriate management of polluted areas, including, for 7 example, conditions requiring-- 8 (i) the building of a roof over a stated area to prevent rainwater 9 entering a sanitary drain or sewer; or 10 (ii) the paving of the floor of a stated area with an approved 11 impervious material and to a stated grade to an outlet; or 12 (iii) the installation of an arrester or pre-treatment device. 13 or cancelling trade waste approval 14 Suspending 471.(1) A local government may suspend or cancel a trade waste 15 approval (the "proposed action") if the local government is satisfied-- 16 (a) the approval holder has contravened a condition of the approval; 17 or 18 (b) the approval holder has contravened a provision of this Act; or 19 (c) the approval is no longer appropriate because the circumstances 20 under which trade wastes are generated by the holder have 21 significantly changed since the approval was given; or 22 (d) urgent action is necessary in the interests of public health or safety 23 to prevent environmental harm or prevent damage to the local 24 government's sewerage system. 25 (2) Before the local government acts under subsection (1), the local 26 government must give the approval holder a show cause notice about the 27 proposed action. 28 (3) If, after considering any properly made submissions, the local 29 government is still satisfied the proposed action should be taken, the local 30 government may-- 31

s 472-479 189 s 472-479 Water (a) if the proposed action was to suspend the approval for a stated 1 period--suspend the approval for not longer than the proposed 2 suspension period; or 3 (b) if the proposed action was to cancel the approval--either cancel 4 the approval or suspend it for a period. 5 (4) Within 30 business days after making a decision under 6 subsection (3), the local government must give the approval holder an 7 information notice about the decision. 8 (5) If, after considering any properly made submissions, the local 9 government is not satisfied the proposed action should be taken, the local 10 government must give the approval holder a notice about the decision. 11 (6) A decision under subsection (3), takes effect on the later of the 12 following-- 13 (a) the day the information notice is received by the approval holder; 14 (b) the day stated in the notice. 15 (7) Despite subsection (2), the local government may suspend or cancel 16 the approval from the moment the approval holder is given the show cause 17 notice, if the local government considers urgent action is necessary-- 18 (a) in the interests of public health or safety; or 19 (b) to prevent environmental harm; or 20 (c) to prevent damage to the local government's sewerage system. 21 (8) If the local government acts under subsection (7), the local 22 government must give the approval holder an information notice about the 23 action. 24 numbers not used 25 Section 472-479. See footnote to section 1. 26

s 480 190 s 482 Water PART 6--REFERABLE DAMS AND 1 FLOOD MITIGATION 2 1--Referable dams 3 Division 1--Preliminary 4 Subdivision for div 1 5 Definitions 480. In this division-- 6 "dam" includes a weir that has a variable flow control structure on the crest 7 of the weir. 8 "water" includes any other liquid or a mixture that includes water or any 9 other liquid or suspended solid. 10 of "referable dam" 11 Meaning 481.(1) A dam is, or a proposed dam after its construction will be, a 12 "referable dam" if-- 13 (a) a failure impact assessment of the dam, or for the proposed dam, 14 is required to be carried out under this part; and 15 (b) the assessment states the dam has, or the proposed dam after its 16 construction will have, a category 1 or category 2 failure impact 17 rating. 18 (2) The following are not referable dams-- 19 (a) a dam containing, or a proposed dam that after its construction 20 will contain, hazardous waste; 21 (b) a levee bank. 22 of "failure impact assessment" 23 Meaning 482.(1) A "failure impact assessment" is an assessment prepared and 24 certified under this part about the safety of a dam, or a proposed dam-- 25

s 483 191 s 483 Water (a) by a registered professional engineer who is not, for the dam, or 1 the proposed dam-- 2 (i) the owner; or 3 (ii) an employee of the owner; or 4 (iii) the operator; or 5 (iv) an employee of the operator; and 6 (b) in accordance with the guidelines for failure impact assessment of 7 water dams published in the gazette by the chief executive. 8 (2) The certification must include the engineer's name and registration 9 details. 10 Subdivision 2--Failure impact assessing dams 11 a dam must be failure impact assessed 12 When 483.(1) A person who proposes to construct a dam must have the dam 13 failure impact assessed if the dam, after its construction, will be-- 14 (a) more than 8 m in height and have a storage capacity of more than 15 500 ML; or 16 (b) more than 8 m in height and have a storage capacity of more than 17 100 ML and a catchment area that is more than 3 times its 18 maximum surface area at full supply level. 19 Maximum penalty--1 665 penalty units. 20 (2) Also, the chief executive may give the owner of an existing dam, or a 21 dam being constructed, a notice to have the dam failure impact assessed. 22 (3) The chief executive may give the notice only if the chief executive 23 reasonably believes the dam, or the dam after its construction, would have a 24 category 1 or category 2 failure impact rating. 25 (4) If the chief executive gives an owner a notice under subsection (2), 26 the owner must ensure the failure impact assessment is completed and 27 given to the chief executive within the reasonable time stated in the notice. 28 Maximum penalty--1 665 penalty units. 29

s 484 192 s 485 Water (5) Subsection (6) applies if a dam has been failure impact assessed 1 under this section, including subsection (6). 2 (6) The owner must ensure another failure impact assessment of the dam 3 is completed and given to the chief executive within 5 years after the day the 4 last failure impact assessment was accepted by the chief executive. 5 Maximum penalty--1 665 penalty units. 6 (7) Subsection (6) does not apply to the owner of-- 7 (a) a dam given a category 2 failure impact rating under the last 8 failure impact assessment of the dam; or 9 (b) a dam mentioned in subsection (2) if the failure impact 10 assessment for the dam, carried out under subsection (2), does 11 not have a category 1 or category 2 failure impact rating. 12 impact ratings for dams 13 Failure 484.(1) An existing dam has, or a proposed dam after its construction 14 will have, the following failure impact rating if a failure impact assessment 15 for the dam, or the proposed dam after its construction, states that the 16 population at risk is-- 17 (a) for a category 1 failure impact rating--2 or more persons and not 18 more than 100 persons; 19 (b) for a category 2 failure impact rating--more than 100 persons. 20 (2) In subsection (1)-- 21 "population at risk" means the number of persons, calculated under the 22 guidelines mentioned in section 482(1)(b), whose safety will be at risk 23 if the dam, or the proposed dam after its construction, fails. 24 about failure impact assessments 25 Offences 485.(1) A person preparing a failure impact assessment must not give the 26 chief executive a failure impact assessment containing information the 27 person knows is false or misleading. 28 Maximum penalty--1 665 penalty units. 29 (2) Subsection (1) does not apply to a person if the person, when giving 30

s 486 193 s 486 Water the assessment-- 1 (a) tells the chief executive, to the best of the person's ability, how it 2 is false or misleading; and 3 (b) if the person has, or can reasonably obtain, the correct 4 information--gives the correct information. 5 (3) A person must not give another person preparing a failure impact 6 assessment information the person knows-- 7 (a) the other person will rely on when preparing the failure impact 8 assessment; and 9 (b) is false or misleading. 10 Maximum penalty--1 665 penalty units. 11 (4) Subsection (3) does not apply to a person if the person, when giving 12 the information-- 13 (a) tells the person to whom it is given, to the best of the person's 14 ability, how it is false or misleading; and 15 (b) if the person has, or can reasonably obtain, the correct 16 information--gives the correct information. 17 (5) It is enough for a complaint for an offence against subsection (1) 18 or (3) to state the assessment or information given to the person preparing 19 the assessment was false or misleading to the person's knowledge, without 20 stating which. 21 of failure impact assessment 22 Cost 486.(1) For a failure impact assessment required under section 483(1), 23 the owner of the dam must pay the cost of preparing the failure impact 24 assessment. 25 (2) For a failure impact assessment required under section 483(2)-- 26 (a) if the dam, or the proposed dam, is assessed as not having a 27 category 1 or category 2 failure impact rating--the chief executive 28 must pay the reasonable cost of preparing the assessment; and 29 (b) in any other case--the owner of the dam must pay the cost of 30 preparing the assessment. 31

s 487 194 s 489 Water (3) For subsections (1) and (2), the cost of preparing the assessment 1 includes the cost of any review of the assessment under section 489. 2 rejecting or reviewing failure impact assessment 3 Accepting, 487.(1) The chief executive may accept, reject or require a review of a 4 failure impact assessment. 5 (2) However, before requiring a review of, or rejecting, the assessment, 6 the chief executive may require the owner to give additional information 7 about the assessment to assist the chief executive in deciding if the review or 8 rejection is necessary. 9 accepting failure impact assessment 10 Notice 488. If the chief executive accepts a failure impact assessment, the chief 11 executive must give notice of the acceptance to the owner of the dam within 12 30 business days after the acceptance. 13 failure impact assessment 14 Reviewing 489.(1) Subsection (2) applies if the chief executive is satisfied a failure 15 impact assessment is-- 16 (a) incorrect in a material particular; or 17 (b) incomplete in a material particular; or 18 (c) not completed in accordance with the guidelines mentioned in 19 section 482. 20 (2) The chief executive must-- 21 (a) give the owner of the dam an information notice; and 22 (b) return the assessment to the owner. 23 (3) The information notice must also require the person who prepared the 24 assessment to-- 25 (a) review and, if necessary, correct or complete the assessment; and 26 (b) return the corrected or completed assessment to the chief 27 executive for a decision under section 487(1) by the day stated in 28

s 490 195 s 491 Water the notice. 1 (4) The owner must comply with the notice, unless the owner has a 2 reasonable excuse for not complying. 3 Maximum penalty--1 665 penalty units. 4 failure impact assessment 5 Rejecting 490.(1) The chief executive may reject the failure impact assessment if-- 6 (a) the assessment is incorrect or incomplete in a material particular 7 or not completed in accordance with the guidelines mentioned in 8 section 482; or 9 (b) for an assessment requiring correction or completion under 10 section 489--the person who prepared the assessment returns the 11 assessment to the chief executive without correcting or 12 completing the assessment; or 13 (c) the chief executive is not satisfied changes to the assessment, 14 under section 489, correct or complete the matters for which the 15 assessment was referred to the person. 16 (2) If the chief executive rejects the assessment the chief executive must 17 give the owner of the dam an information notice. 18 conditions for referable dams 19 Safety 491.(1) For assessing the safety conditions that are to apply to a referable 20 dam, the chief executive must give the owner of the dam a notice requesting 21 the owner to give the chief executive-- 22 (a) the information prescribed under a regulation, within the 23 reasonable time stated in the notice; and 24 (b) the fee prescribed under a regulation. 25 (2) The owner must comply with the notice, unless the owner has a 26 reasonable excuse. 27 Maximum penalty--200 penalty units. 28 (3) When the chief executive has received the information requested in 29 the notice, the chief executive must assess the information and decide the 30

s 492 196 s 492 Water safety conditions for the dam. 1 (4) The chief executive must decide the safety conditions for the dam 2 within-- 3 (a) 40 business days after the day the chief executive receives the 4 information requested; or 5 (b) if the owner of the dam, by written agreement, extends the 6 time--the extended time. 7 (5) The safety conditions must-- 8 (a) relate to the emergency action planning, maintenance, operation 9 and structure of the dam; and 10 (b) be relevant to, or reasonably required for, the dam. 11 (6) When the chief executive has decided the safety conditions, the chief 12 executive must give the owner an information notice about the safety 13 conditions. 14 (7) If a development permit has been given, or is taken to have been 15 given, for the construction of the dam, the safety conditions are taken to be 16 conditions attaching to the permit. 17 (8) If a development permit has not been given for the construction of the 18 dam-- 19 (a) the chief executive's decision is taken to be a development permit 20 given for the construction of the dam; and 21 (b) the safety conditions are taken to be conditions attaching to the 22 permit. 23 safety conditions 24 Changing 492.(1) The chief executive may change the safety conditions for a 25 referable dam if the chief executive is satisfied the change should be made in 26 the interests of dam safety. 27 (2) If the chief executive changes the conditions, the chief executive must 28 give the owner of the dam an information notice about the decision to make 29 the change. 30 (3) The change has effect from the day the notice is given. 31

s 493 197 s 494 Water (4) The chief executive's power to change the conditions includes the 1 power to add conditions. 2 (5) The changed safety conditions are taken to be conditions attaching to 3 the development permit mentioned in section 491(6) or (7). 4 eassessing dams 5 R 493. If a failure impact assessment prepared under section 483(6) and 6 accepted by the chief executive for a referable dam assesses the dam as not 7 having a category 1 or category 2 failure impact rating, any existing safety 8 conditions for the dam no longer apply to the dam. 9 Subdivision 3--Chief executive's powers 10 powers 11 Emergency 494.(1) This section applies if the chief executive is satisfied, or 12 reasonably believes-- 13 (a) there is danger of the failure of a referable dam; and 14 (b) action is necessary to prevent or minimise the impact of the 15 failure. 16 (2) The chief executive may, by notice, direct the owner or operator of the 17 dam to take stated reasonable action within a stated reasonable time. 18 (3) The notice-- 19 (a) is taken to be a compliance notice; and 20 (b) is not a compliance notice for which a show cause notice must 21 first be given; and 22 (c) attaches to the land and binds the owner and the owner's 23 successors in title; and 24 (d) is taken to be a remedial action notice under the Land Act 1994, 25 section 214. 26 (4) The person to whom the notice is given must comply with the notice, 27 unless the person has a reasonable excuse. 28

s 495 198 s 496 Water Maximum penalty--1 665 penalty units. 1 (5) Subsection (4) does not apply if the person to whom the notice is 2 given-- 3 (a) gives the chief executive notice that the person intends to remove 4 the referable dam; and 5 (b) the person complies with the intention in accordance with any 6 direction given by the chief executive. 7 (6) Subsection (7) applies if-- 8 (a) the person to whom the notice is given does not comply, or does 9 not fully comply, with the notice; and 10 (b) the chief executive incurs expense under section 783(1) or (3) in 11 relation to the notice. 12 (7) The chief executive may give the owner an information notice stating 13 the amount of the expense incurred. 14 (8) If the chief executive gives a notice under subsection (7), the amount 15 of the expense incurred becomes a charge on the land and the charge 16 continues in force despite any disposition of the land until the amount is 17 paid. 18 Subdivision 4--General matters for referable dams 19 for loss or damage caused by failure of dam 20 Liability 495. Nothing in this part affects a dam owner or operator's liability for 21 any loss or damage caused by the failure of a dam or the escape of water 22 from the dam. 23 Division 2--Flood mitigation 24 of certain dams must prepare flood mitigation manual 25 Owners 496.(1) A regulation may nominate an owner of a dam as an owner who 26 must prepare a manual (a "flood mitigation manual") of operational 27 procedures for flood mitigation for the dam. 28

s 497 199 s 499 Water (2) The regulation must nominate the time by which the owner must 1 comply with section 497(1). 2 flood mitigation manual 3 Approving 497.(1) The owner must give the chief executive a copy of the flood 4 mitigation manual for the chief executive's approval. 5 (2) The chief executive may, by gazette notice, approve the manual. 6 (3) The approval may be for a period of not more than 5 years. 7 (4) The chief executive may get advice from an advisory committee 8 before approving the manual. 9 flood mitigation manual 10 Amending 498.(1) The chief executive may require the owner, by notice, to amend 11 the flood mitigation manual. 12 (2) The owner must comply with the chief executive's request under 13 subsection (1). 14 (3) The chief executive must, by gazette notice, approve the manual as 15 amended. 16 (4) The approval of the manual as amended may be for-- 17 (a) the balance of the period of the approval for the manual before the 18 amendment; or 19 (b) a period of not more than 5 years from the day the manual as 20 amended was approved. 21 (5) The chief executive may get advice from an advisory committee 22 before approving the manual as amended. 23 reviews of flood mitigation manual 24 Regular 499. Before the approval for the flood mitigation manual expires, the 25 owner must-- 26 (a) review, and if necessary, update the manual; and 27 (b) give a copy of it to the chief executive under section 497. 28

s 500 200 s 515 Water from liability for complying with flood mitigation manual 1 Protection 500.(1) The chief executive or a member of the committee does not incur 2 civil liability for an act done, or omission made, honestly and without 3 negligence under this division. 4 (2) An owner who observes the operational procedures in a flood 5 mitigation manual approved by the chief executive does not incur civil 6 liability for an act done, or omission made, honestly and without negligence 7 in observing the procedures. 8 (3) If subsection (1) or (2) prevents civil liability attaching to a person, 9 the liability attaches instead to the State. 10 (4) In this section-- 11 "owner" means-- 12 (a) a director of the owner or operator of the dam; or 13 (b) an employee of the owner or operator of the dam; or 14 (c) an agent of the owner or operator of the dam. 15 numbers not used 16 Section 501-513. See footnote to section 1. 17 PART 7--REGULATOR 18 is the regulator 19 Who 514. The chief executive is the regulator. 20 general functions 21 Regulator's 515.(1) The regulator's general functions are-- 22 (a) to keep a register of service providers registered under this Act; 23 and 24 (b) to review and make recommendations about standards and 25

s 516 201 s 517 Water practices under this Act; and 1 (c) to monitor compliance with this Act; and 2 (d) to perform other functions given to the regulator under this Act or 3 another Act. 4 (2) In performing the regulator's functions, the regulator must consider 5 the purpose of this Act. 6 of service providers must be kept 7 Register 516.(1) The regulator must keep a register of service providers. 8 (2) The register may be kept in the form, whether or not in a 9 documentary form, the regulator considers appropriate. 10 (3) Without limiting subsection (2), the regulator may change the form in 11 which the register or a part of the register is kept. 12 (4) The register must contain the following, for each person registered by 13 the regulator as a service provider-- 14 (a) the name and contact details of the service provider; 15 (b) the nominated contact officer for the service provider; 16 (c) details of the infrastructure operated by the service provider; 17 (d) if the service provider is not the operator of the infrastructure--the 18 name and contact details of the operator; 19 (e) the nature of the services offered by the service provider; 20 (f) any other particulars the regulator considers necessary. 21 (5) The regulator must, as soon as practicable after 1 January in each 22 year, publish in the gazette a list of the service providers registered, as at 23 1 January in that year. 24 may be required from service providers 25 Information 517.(1) The regulator may give a service provider a notice requiring 26 information the regulator reasonably requires to enable the regulator to 27 perform the regulator's functions. 28 (2) The notice must state the reasonable time in which the information 29

s 518 202 s 520 Water must be given to the regulator. 1 (3) The service provider must comply with the notice, unless the service 2 provider has a reasonable excuse. 3 Maximum penalty--200 penalty units. 4 (4) However, this section does not require the service provider to give 5 information if giving the information might tend to incriminate the service 6 provider. 7 of commercially sensitive information 8 Non-disclosure 518.(1) This section applies if the information a service provider has 9 given to the regulator under section 517 is of a commercially sensitive 10 nature. 11 (2) The regulator must not disclose the information to any person other 12 than the Minister. 13 (3) The Minister must not disclose to any person information the 14 Minister obtains under subsection (2). 15 (4) In this section-- 16 "commercially sensitive nature" means reasonably expected to adversely 17 affect a person's commercial activities. 18 reports 19 Annual 519.(1) The regulator may prepare annual reports about the regulator's 20 activities under this part. 21 (2) The reports may include information the regulator obtained under 22 part 3, division 3 or section 517. 23 of regulator's powers 24 Delegation 520.(1) The regulator may delegate a power of the regulator to an 25 appropriately qualified officer of the department. 26 (2) A regulation may state a particular power of the regulator-- 27

s 521-541 203 s 543-547 Water (a) may not be delegated; or 1 (b) may be delegated only to a particular person. 2 numbers not used 3 Section 521-541. See footnote to section 1. 4 CHAPTER 4--WATER AUTHORITIES 5 ART 1--PRELIMINARY 6 P of ch 4 7 Purpose 542. The purpose of this chapter is to establish a framework for the 8 establishment and operation of water authorities that provides for the 9 following-- 10 (a) efficiency in carrying out water activities by the application of 11 commercial principles; 12 (b) appropriate governance arrangements and accountability 13 requirements; 14 (c) community involvement in making and implementing 15 arrangements for using, conserving and sustainably managing 16 water. 17 numbers not used 18 Section 543-547. See footnote to section 1. 19

s 548 204 s 550 Water PART 2--ESTABLISHING WATER AUTHORITIES 1 Division 1--General 2 water authorities 3 Establishing 548.(1) A regulation may establish a water authority to carry out water 4 activities-- 5 (a) generally in the State; or 6 (b) for a particular area (the "authority area") identified in the 7 regulation. 8 (2) The authority area may comprise 2 or more non-contiguous areas. 9 (3) The regulation must-- 10 (a) name the authority; and 11 (b) state its category; and 12 (c) if the authority is established for an authority area--identify the 13 authority area; and 14 (d) state the matters mentioned in section 598 about composition of 15 the authority's board. 16 of water authorities 17 Categories 549. A water authority may be a category 1 water authority or a 18 category 2 water authority. 19 authority is a body corporate etc. 20 Water 550.(1) A water authority-- 21 (a) is a body corporate; and 22 (b) has a common seal; and 23 (c) may sue and be sued in its corporate name. 24 (2) A water authority has all the powers of an individual and may, for 25

s 551 205 s 552 Water example-- 1 (a) enter into contracts; and 2 (b) acquire, hold, deal with and dispose of property. 3 (3) Subsection (2) does not limit a water authority's powers under this or 4 another Act. 5 (4) A water authority does not represent the State. 6 of particular Acts to a water authority 7 Application 551.(1) A water authority is a statutory body under the Financial 8 Administration and Audit Act 1977 and Statutory Bodies Financial 9 Arrangements Act 1982. 10 (2) However, the Financial Management Standard 1997, part 2 and 11 sections 41, 43, 47 and 48(3),18 made under the Financial Administration 12 and Audit Act 1977, do not apply to a category 1 water authority. 13 (3) A water authority is an exempt public authority under the 14 Corporations Law. 15 Division 2--Procedure 16 notice of proposal to establish a water authority 17 Public 552.(1) Before a regulation establishes a water authority, the chief 18 executive must publish notice of the proposed establishment in-- 19 (a) the gazette; and 20 (b) a newspaper circulating-- 21 (i) throughout the State; or 22 (ii) if the proposed water authority is to have an authority 23 area--generally, in the authority area. 24 18 Financial Management Standard 1997, part 2 (Planning), and sections 41 (Register of special payments), 43 (Register of material losses), 47 (Evaluations of physical asset investments) and 48 (Maintenance of assets)

s 552 206 s 552 Water (2) Subsection (1) does not apply if the regulation merely remakes 1 subordinate legislation under which the authority has been established. 2 (3) A notice under subsection (1) must state the following information 3 about the proposed water authority-- 4 (a) its name; 5 (b) its category; 6 (c) that it is to carry out water activities; 7 (d) the works it intends to acquire or build; 8 (e) the land it intends to acquire; 9 (f) its financing arrangements, including its borrowings and projected 10 water activities costs; 11 (g) how many directors it is to have; 12 (h) if it is to have an authority area-- 13 (i) whether the directors are to be elected by the authority's 14 ratepayers or nominated; and 15 (ii) if they are to be nominated, by whom they are to be 16 nominated; 17 (i) if it is not to have an authority area--that the directors are to be 18 nominated, and by whom they are to be nominated; 19 (j) the establishment costs the State may recover under section 717.19 20 (4) If the proposed water authority is to have an authority area, the notice 21 must identify the area. 22 (5) The notice must also state the following-- 23 (a) that written submissions on the proposed establishment may be 24 made to the chief executive; 25 (b) the date, at least 20 business days after the notice is published, by 26 which the submissions may be made; 27 (c) where the submissions may be made. 28 19 Section 717 (Recovering water authority's establishment costs)

s 553 207 s 556 Water submissions on establishment proposal 1 Considering 553. The chief executive must consider each properly made submission 2 about an establishment proposal before the water authority to which it 3 relates is established. 4 and republishing, establishment proposal 5 Changing, 554.(1) The chief executive may change an establishment proposal 6 whether because of a properly made submission about the proposal or for 7 another reason the chief executive considers appropriate. 8 (2) If the chief executive changes an establishment proposal, the chief 9 executive must publish notice of the changed proposal under section 552. 10 (3) However, the date by which submissions on the changed proposal 11 may be made must be at least 10 business days after the notice is published. 12 (4) Subsection (2) does not apply if the change-- 13 (a) corrects a minor error in the proposal; or 14 (b) is not a change of substance. 15 submissions on changed establishment proposal 16 Considering 555. The chief executive must consider each properly made submission 17 about a changed establishment proposal before the water authority to which 18 it relates is established. 19 establishment regulation 20 Amending 556.(1) This section applies despite the Acts Interpretation Act 1954, 21 section 24AA(b).20 22 (2) Before an establishment regulation is amended, the chief executive 23 must publish notice of the proposed amendment in the way stated in 24 section 552(1). 25 (3) The notice must state the following-- 26 20 Acts Interpretation Act 1954, section 24AA (Power to make instrument or decision includes power to amend or repeal)

s 557 208 s 569 Water (a) the proposed amendment; 1 (b) that written submissions on the proposed amendment may be 2 made to the chief executive; 3 (c) the date, at least 20 business days after the notice is published, by 4 which the submissions may be made; 5 (d) where the submissions may be made. 6 (4) Subsection (2) does not apply if the amendment-- 7 (a) merely corrects a minor error in the regulation; or 8 (b) is not a change of substance. 9 submissions on amending establishment regulation 10 Considering 557. The chief executive must consider each properly made submission 11 about amending an establishment regulation before the regulation is 12 amended. 13 numbers not used 14 Section 558-568. See footnote to section 1. 15 PART 3--FUNCTIONS AND POWERS OF WATER 16 AUTHORITIES 17 1--Functions 18 Division function of water authority 19 Main 569.(1) A water authority's main function is to carry out the water 20 activities decided by the authority. 21 (2) If the authority has an authority area, its main function is to carry out 22 the water activities for the authority area. 23

s 570 209 s 571 Water (3) However, a water authority with an authority area may carry out 1 water activities outside its authority area if carrying out the activity-- 2 (a) does not-- 3 (i) limit the authority's ability to perform its main function; or 4 (ii) financially prejudice the authority or it's ratepayers or 5 customers; and 6 (b) for a category 1 authority--is in accordance with the authority's 7 performance plan. 8 functions of water authority 9 Other 570.(1) A water authority may carry out 1 or more of the following 10 functions decided by it-- 11 (a) riverine area protection; 12 (b) soil erosion control; 13 (c) land degradation treatment and prevention; 14 (d) the management of recreational areas on land owned by the 15 authority or under its control. 16 (2) If a water authority has an authority area, it may carry out a function 17 mentioned in subsection (1) either inside or outside its authority area. 18 as a water authority is not a right to water entitlement 19 Establishment or resource operations licence 20 571. To remove any doubt, it is declared that the establishment of a water 21 authority to carry out water activities does not, of itself, entitle the authority 22 to a water entitlement or a resource operations licence. 23

s 572 210 s 573 Water 2--Powers 1 Division Subdivision 1--Rates and charges 2 to make and levy rates and charges 3 Power 572.(1) A category 1 water authority, for carrying out its functions under 4 this Act, may make and levy charges on its customers. 5 (2) A category 2 water authority, for carrying out its functions under this 6 Act, may make and levy on its customers or ratepayers-- 7 (a) charges; and 8 (b) if the authority has an authority area--rates. 9 (3) Without limiting subsection (1) or (2)(a), the authority may make and 10 levy a charge for providing connections to its works. 11 (4) A charge may be made and levied on a volumetric basis for water 12 activities carried out. 13 (5) A rate may be made and levied, if the authority has an authority area, 14 on a property basis for land in the authority area. 15 (6) Subsections (4) and (5) do not limit the ways in which a charge or 16 rate may be made or levied. 17 from rates 18 Exemption 573. Despite section 572(2)(b), a water authority can not make and levy 19 rates for water activities for the following land-- 20 (a) unoccupied State land; 21 (b) unallocated State land reserved for a public purpose; 22 (c) land occupied by the State, other than land leased by the State 23 from a person; 24 (d) land prescribed under a regulation for this section. 25

s 574 211 s 577 Water on overdue rates and charges 1 Interest 574.(1) An overdue rate or charge made or levied by a water authority 2 under section 572 bears interest at the annual rate, decided by the authority, 3 of not more than-- 4 (a) 15%; or 5 (b) if another percentage is prescribed under a regulation--the other 6 percentage. 7 (2) The interest must be calculated as simple interest. 8 (3) In this section-- 9 "overdue charge" means the amount of the charge that is not paid when it 10 becomes payable. 11 "overdue rate" means the amount of the rate that is not paid when it 12 becomes payable. 13 for payment of rates and charges 14 Discount 575.(1) A water authority may allow a discount for payment of a rate or 15 charge made or levied by it. 16 (2) Unless a regulation prescribes otherwise, the discount must not be 17 more than 15% of the rate or charge. 18 rates and charges 19 Recovering 576. A water authority may recover an overdue rate or charge made or 20 levied by it, and any interest payable on the overdue rate or charge, as a debt 21 due to the authority by the person on whom the rate or charge is made or 22 levied. 23 Subdivision 2--Taking land 24 to take land 25 Power 577.(1) A water authority may take any land. 26 (2) For land to which the Acquisition of Land Act 1967 applies, the 27

s 578 212 s 579 Water authority is a constructing authority for that Act.21 1 (3) The Land Act 1994, chapter 5, part 3,22 applies, with any necessary 2 changes, to land to which it applies. 3 (4) However, if the land is further land, a category 1 water authority must 4 also obtain the Minister's written approval before taking the land. 5 (5) In this section-- 6 "further land", for a water authority, means land the authority intends to 7 acquire. 8 for which land may be taken 9 Purposes 578. A water authority may take land for carrying out works, and any 10 other purpose, within the authority's main functions. 11 3--General 12 Subdivision 13 Delegation 579.(1) A water authority may, in writing, delegate its powers to a 14 director or an appropriately qualified employee of the authority. 15 (2) A person must not, in relation to a matter, exercise a power that has 16 been delegated to the person under subsection (1) if the person has a direct 17 or indirect financial or personal interest in the matter. 18 Maximum penalty for subsection (2)--100 penalty units. 19 21 Acquisition of Land Act 1967, section 2 (Definitions)-- ` "land" means land, or any estate or interest in land, that is held in fee simple, but does not include a freeholding lease under the Land Act 1994.' 22 Land Act 1994, chapter 5, part 3 (Resumption and compensation)

s 580 213 s 582 Water Division 3--Reporting requirements 1 of proposed significant action 2 Notice 580.(1) This section applies if a water authority proposes to-- 3 (a) do anything that may prevent, or have a significant adverse effect 4 on, the authority performing its main function; or 5 (b) sell or buy property for more than-- 6 (i) for a category 1 water authority--$1 000 000; or 7 (ii) for a category 2 water authority--$100 000. 8 (2) Before doing anything (the "proposed significant action") 9 mentioned in subsection (1), the water authority must give the Minister 10 notice of the proposed significant action. 11 (3) This section does not apply if, before taking the proposed significant 12 action, the water authority gives details of the proposed significant action in 13 its annual report or, for a category 1 water authority, its performance plan. 14 may require information 15 Minister 581.(1) The Minister, by notice given to a water authority, may require 16 the authority to give the Minister information about the performance of its 17 functions and operations under this Act. 18 (2) The notice must state the day by which the information must be 19 given. 20 (3) The water authority must give the information to the Minister by the 21 stated day. 22 of operations 23 Statement 582.(1) A category 1 water authority must include in its annual report a 24 statement of its operations under this Act during the preceding financial 25 year. 26 (2) The statement must contain the following-- 27 (a) sufficient information to enable an informed assessment to be 28

s 583 214 s 584 Water made of the operations, including a comparison of the authority's 1 performance with its performance plan; 2 (b) particulars of any amendments made to the authority's 3 performance plan in the financial year; 4 (c) particulars of any directions, including directions about 5 community service obligations to be carried out by the authority, 6 or notices, given to the authority for the financial year; 7 (d) particulars of the impact that any changes to the authority's 8 performance plan may have had on its financial position, 9 including its operating surplus and deficit and prospects. 10 and disclosure of cross-subsidies 11 Identification 583.(1) This section applies to a water authority that charges on a 12 volumetric basis for water managed by it. 13 (2) The authority must include in its annual report a statement-- 14 (a) identifying and disclosing all cross-subsidies between classes of 15 its customers in carrying out its water activities; and 16 (b) disclosing-- 17 (i) the classes of its customers for whom a water activity is 18 carried out at an amount below the full cost of the activity; 19 and 20 (ii) the amount. 21 4--Water authority employees 22 Division 23 Employees 584.(1) A water authority may engage the employees it considers 24 necessary to perform its functions. 25 (2) The authority may decide its employees' terms and conditions of 26 employment. 27 (3) However, subsection (2) has effect subject to any relevant award, 28 industrial agreement, certified agreement or enterprise flexibility agreement. 29

s 585 215 s 585 Water Division 5--Water authority officers' duties and responsibilities 1 and liabilities of water authority officers 2 Duties 585.(1) An officer of a water authority must act honestly in exercising 3 powers, and discharging functions, as an officer of the authority. 4 Maximum penalty-- 5 (a) if the contravention is committed for a fraudulent 6 purpose--500 penalty units or imprisonment for 5 years; or 7 (b) in any other case--100 penalty units. 8 (2) In exercising powers and discharging functions, an officer of a water 9 authority must exercise the degree of care and diligence that a reasonable 10 person in a like position in a water authority would exercise in the 11 authority's circumstances. 12 Maximum penalty--100 penalty units. 13 (3) An officer of a water authority, or a person who has been an officer 14 of a water authority, must not make improper use of information acquired 15 because of his or her position as an officer of a water authority-- 16 (a) to gain, directly or indirectly, an advantage for himself or herself 17 or for another person; or 18 (b) to cause detriment to the authority. 19 Maximum penalty--500 penalty units or imprisonment for 5 years. 20 (4) An officer of a water authority must not make improper use of his or 21 her position as an officer of the authority-- 22 (a) to gain, directly or indirectly, an advantage for himself or herself 23 or another person; or 24 (b) to cause detriment to the authority. 25 Maximum penalty--500 penalty units or imprisonment for 5 years. 26 (5) If a person contravenes this section in relation to a water authority, the 27 authority may recover from the person as a debt due to the authority-- 28 (a) if the person or another person made a profit because of the 29 contravention--an amount equal to the profit; and 30

s 586-596 216 s 598 Water (b) if the authority suffered loss or damage because of the 1 contravention--an amount equal to the loss or damage. 2 (6) An amount may be recovered from the person under subsection (5) 3 whether or not the person has been convicted of an offence in relation to the 4 contravention. 5 (7) Subsection (6) is in addition to, and does not limit, the Crimes 6 (Confiscation) Act 1989. 7 (8) This section-- 8 (a) is in addition to, and does not limit, any rule of law relating to the 9 duty or liability of a person because of the person's office in 10 relation to a corporation; and 11 (b) does not prevent civil proceedings being instituted for a breach of 12 the duty or the liability. 13 (9) In this section-- 14 "officer", of a water authority, includes an employee of the authority. 15 numbers not used 16 Section 586-596. See footnote to section 1. 17 ART 4--BOARD OF DIRECTORS 18 P 1--Appointment etc. of board of directors 19 Division of directors 20 Board 597. A water authority must have a board of directors (a "board"). 21 of board for water authorities 22 Composition 598. Subject to sections 599 and 600 a regulation establishing a water 23 authority must state the following-- 24

s 599 217 s 602 Water (a) the number of directors comprising the authority's board; 1 (b) whether the directors are to be elected by the authority's 2 ratepayers or nominated and, if they are to be nominated, by 3 whom they are to be nominated; 4 (c) the procedure for electing or nominating the directors. 5 of board for Gladstone Area Water Board 6 Composition 599. The board for the Gladstone Area Water Board comprises-- 7 (a) 2 persons nominated by the Gladstone City Council; and 8 (b) 2 persons nominated by the Calliope Shire Council; and 9 (c) 3 persons nominated by the chief executive, 1 of whom must be 10 the board's chairperson. 11 12 Appointment 600. The directors for a water authority must be appointed by the 13 Governor in Council. 14 15 Chairperson 601.(1) This section does not apply to the Gladstone Area Water Board. 16 (2) The chairperson of a water authority's board is the director chosen as 17 chairperson by the directors comprising the board. 18 (3) If a chairperson is not chosen for the board under subsection (2) 19 within 1 month after the date appointed for the board's first meeting, the 20 chairperson is the director chosen by the chief executive. 21 (4) The chairperson holds office until the annual meeting of the board 22 next following the director's selection as chairperson. 23 of water authority 24 Administration 602.(1) The Minister may appoint the chief executive to administer a 25 water authority until the authority's first board is appointed. 26

s 603 218 s 604 Water (2) If the Governor in Council removes all the directors of a water 1 authority's board from office, the Minister may appoint either of the 2 following persons to administer the water authority until a board is 3 appointed for the authority-- 4 (a) the chief executive; 5 (b) another person the Minister considers has the necessary 6 qualifications and experience to administer the authority. 7 for appointment as director 8 Eligibility 603.(1) A person is not eligible to be elected, or nominated for 9 appointment, as a director if the person-- 10 (a) becomes mentally or physically incapable of satisfactorily 11 performing the director's duties; or 12 (b) is an undischarged bankrupt or is taking advantage of the laws in 13 force for the time being relating to bankrupt or insolvent debtors; 14 or 15 (c) has been convicted of an indictable offence, whether in 16 Queensland or elsewhere, and the rehabilitation period for the 17 offence has not expired or has been revived under the Criminal 18 Law (Rehabilitation of Offenders) Act 1986; or 19 (d) is an employee of the authority; or 20 (e) is directly interested in an agreement with, or on behalf of, the 21 authority. 22 (2) Subsection (1)(e) does not apply to a person to the extent the person 23 is directly interested in an agreement with the water authority for the supply 24 of water. 25 of office for directors of water authorities other than Gladstone 26 Term Area Water Board 27 604.(1) This section does not apply to a director of the Gladstone Area 28 Water Board. 29 (2) Subject to subsections (3) and (4), a director is appointed for the term 30 of 3 years starting on the day stated in the director's instrument of 31

s 605 219 s 606 Water appointment. 1 (3) The director continues holding office after the director's term of office 2 ends until the director's successor is appointed. 3 (4) If a person is appointed to fill a casual vacancy in the office of a 4 director, the person is appointed only for the remainder of the director's 5 term of office. 6 of office for directors of Gladstone Area Water Board 7 Term 605.(1) The appointment of a director of the Gladstone Area Water 8 Board starts-- 9 (a) on the day notice of the appointment is published in the gazette; or 10 (b) on a later day stated in the notice. 11 (2) Subject to subsections (3) and (4), the director's term ends on a day 12 fixed by gazette notice. 13 (3) If the director is the nominee of a local government, the day the 14 director's term ends must be not later than 6 months after the day prescribed 15 under the Local Government Act 1993 for holding the quadrennial election 16 next following the director's appointment. 17 (4) If a person is appointed to fill a casual vacancy in the office of a 18 director, the person is appointed only for the remainder of the director's 19 term of office. 20 21 Resignation 606.(1) Subject to subsections (2) and (4), a director for a water authority 22 may resign by signed notice of resignation given to the chairperson of the 23 authority's board. 24 (2) Subject to subsection (3), the chairperson may resign from office as 25 chairperson, or as a director, by signed notice of resignation given to the 26 other directors on the board. 27 (3) The chairperson of the board for the Gladstone Area Water Board 28 may resign from office as chairperson by signed notice of resignation given 29 to the other directors on the board. 30

s 607 220 s 608 Water (4) If a person resigns from office as chairperson of a board under 1 subsection (3), the person must also resign from office as a director of the 2 board by signed notice of resignation given to the other directors on the 3 board. 4 of appointment as director 5 Termination 607. The Governor in Council may remove a director on a water 6 authority's board from office if the director-- 7 (a) is absent from 3 consecutive meetings of the board without the 8 board's leave and without reasonable excuse; or 9 (b) becomes ineligible to be elected or nominated for appointment as 10 a director; or 11 (c) declines to act as a director; or 12 (d) is convicted of an offence against this Act; or 13 (e) is prohibited from being a director of a body corporate by the 14 Corporations Law for a reason other than a person's age. 15 vacancy 16 Casual 608.(1) The office of a director becomes vacant if-- 17 (a) the director dies during the director's term of office; or 18 (b) the director resigns from office; or 19 (c) the Governor in Council removes the director from office. 20 (2) The office of a director also becomes vacant if the director-- 21 (a) is a nominee and councillor of a local government; and 22 (b) ceases to be a councillor of the local government other than by-- 23 (i) defeat at an election of councillors of the local government; 24 or 25 (ii) failure to contest the election. 26

s 609 221 s 610 Water of board 1 Removal 609. The Governor in Council may remove all the directors of a water 2 authority's board from office if the board-- 3 (a) does not comply with a public sector policy notified to it by the 4 Minister under this Act; or 5 (b) does not comply with a direction given to it by the Minister under 6 this Act; or 7 (c) does not comply with a joint direction given to it by the Minister 8 and Treasurer under this Act; or 9 (d) does not comply with its obligations under this Act for the 10 preparation and submission of-- 11 (i) performance plans; or 12 (ii) any reports under the performance plans; or 13 (iii) a corporate plan; or 14 (e) does not comply with its obligations under the Financial 15 Administration and Audit Act 1977 for the preparation and 16 submission of reports and plans. 17 Division 2--Directors' duties 18 of interests 19 Disclosure 610.(1) This section applies to a director on a water authority's board if-- 20 (a) the director has a direct or indirect financial or personal interest in 21 a matter being considered, or about to be considered, by the 22 board; and 23 (b) the interest could conflict with the proper performance of the 24 director's duties about the consideration of the matter. 25 (2) As soon as practicable after the relevant facts come to the director's 26 knowledge, the director must disclose the nature of the interest to a meeting 27 of the board. 28 Maximum penalty--100 penalty units. 29

s 611 222 s 612 Water (3) The disclosure must be recorded in the board's minutes. 1 (4) Unless the board otherwise decides, the director must not-- 2 (a) be present when the board considers the matter; or 3 (b) take part in a decision of the board on the matter. 4 Maximum penalty--100 penalty units. 5 (5) The director must not be present when the board is considering its 6 decision under subsection (4). 7 Maximum penalty--100 penalty units. 8 (6) Another director who also has a direct or indirect financial or personal 9 interest in the matter must not-- 10 (a) be present when the board is considering its decision under 11 subsection (4); or 12 (b) take part in making the decision. 13 Maximum penalty--100 penalty units. 14 (7) In this section-- 15 "financial or personal interest", of a person in a matter, does not 16 include-- 17 (a) the person's interest in the matter as a customer or ratepayer of 18 the water authority; or 19 (b) for a person nominated by an entity for appointment as a director, 20 an interest in an agreement with the authority for the supply of 21 water to the entity. 22 about duty to act in authority's interest 23 Declaration 611. To remove any doubt, it is declared that a director of a water 24 authority, in exercising powers, and discharging functions, as a director of 25 the authority, must act in the best interests of the authority. 26 on loans to directors 27 Prohibition 612.(1) A water authority must not, directly or indirectly-- 28

s 613 223 s 613 Water (a) make a loan to a director, a director's spouse, or a relative of a 1 director or a director's spouse; or 2 (b) give a guarantee or provide security for a loan made to a director, 3 a director's spouse, or a relative of a director or a director's 4 spouse. 5 (2) Subsection (1) does not apply to the entering into by the authority of 6 an instrument with a person mentioned in the subsection if the instrument is 7 entered into on the same terms as similar instruments are entered into by the 8 authority with members of the public. 9 (3) A director of a water authority must not be knowingly concerned in a 10 contravention of subsection (1) by the authority, whether or not in relation to 11 the director. 12 Maximum penalty--100 penalty units. 13 (4) In this section-- 14 "relative", of a person, means the person's-- 15 (a) parent or remoter lineal ancestor; or 16 (b) son, daughter or remoter issue; or 17 (c) brother or sister. 18 authority not to indemnify officers 19 Water 613.(1) A water authority must not-- 20 (a) indemnify a person who is or has been an officer of the authority 21 against a liability incurred by the person as an officer of the 22 authority; or 23 (b) exempt a person who is or has been an officer of the authority 24 from a liability incurred as an officer of the authority. 25 (2) An instrument is void to the extent it is inconsistent with 26 subsection (1). 27 (3) Subsection (1) does not prevent a water authority from indemnifying 28 a person against a civil liability, other than a liability to the authority, unless 29 the liability arises out of conduct involving lack of good faith. 30 (4) Subsection (1) does not prevent a water authority from indemnifying 31

s 614 224 s 615 Water a person against a liability for costs and expenses incurred by the person-- 1 (a) in defending a proceeding, whether civil or criminal, in which 2 judgment is given in favour of the person or in which the person 3 is acquitted; or 4 (b) in connection with an application in relation to a proceeding in 5 which relief is granted to the person by a court. 6 (5) A water authority may give an indemnity mentioned in subsection (3) 7 or (4) only if the Minister has approved the giving of the indemnity. 8 authority not to pay premiums for particular liabilities of 9 Water officers 10 614.(1) A water authority must not pay, or agree to pay, a premium for a 11 contract insuring a person who is or has been an officer of the authority 12 against a liability-- 13 (a) incurred by the person as an officer of the authority; or 14 (b) arising out of a breach of conduct involving-- 15 (i) a wilful breach of duty in relation to the authority; or 16 (ii) a contravention of section 585(3) or (4).23 17 (2) Subsection (1) does not apply to a liability for costs and expenses 18 incurred by a person in defending proceedings, whether civil or criminal, 19 and whatever the outcome of the proceedings. 20 (3) An instrument is void to the extent it is inconsistent with 21 subsection (1). 22 (4) In this section-- 23 "pay" includes pay indirectly through 1 or more interposed entities. 24 duty to prevent insolvent trading 25 Director's 615.(1) This section applies if-- 26 (a) immediately before a water authority incurs a debt-- 27 23 Section 585 (Duties and liabilities of water authority officers)

s 616 225 s 616 Water (i) there are reasonable grounds to suspect the authority will not 1 be able to pay all its debts as and when they become payable; 2 or 3 (ii) there are reasonable grounds to suspect that, if the authority 4 incurs the debt, it will not be able to pay all its debts as and 5 when they become payable; and 6 (b) the authority is, or later becomes, unable to pay all its debts as and 7 when they become payable. 8 (2) A person who is a director of the authority, or takes part in the 9 authority's management, at the time the debt is incurred commits an 10 offence. 11 Maximum penalty--100 penalty units or imprisonment for 1 year. 12 (3) In a proceeding against a person for an offence against this section, it 13 is a defence if it is proved-- 14 (a) that the debt was incurred without the person's express or implied 15 authority or consent; or 16 (b) that, at the time the debt was incurred, the person did not have 17 reasonable cause to suspect that-- 18 (i) the authority would not be able to pay all its debts as and 19 when they became payable; or 20 (ii) if the authority incurred the debt, it would not be able to pay 21 all its debts as and when they became payable; or 22 (c) the person took all reasonable steps to prevent the authority from 23 incurring the debt; or 24 (d) for a director--the person did not take part at the time in the 25 authority's management because of illness or for some other 26 good cause. 27 may order compensation 28 Court 616.(1) This section applies if a person is convicted of an offence against 29 section 615 in relation to the incurring of a debt by a water authority. 30 (2) The Supreme Court or the District Court may declare that the person 31 is to be personally responsible, without any limitation of liability, for the 32

s 617 226 s 617 Water payment to the authority of the amount required to satisfy the part of the 1 authority's debts that the court considers appropriate. 2 (3) This section does not affect any rights of a person to indemnity, 3 subrogation or contribution. 4 (4) This section-- 5 (a) is in addition to, and does not limit, any rule of law about the duty 6 or liability of a person because of the person's office in relation to 7 a water authority; and 8 (b) does not prevent proceedings being started for a breach of the 9 duty or the liability. 10 of persons concerned with water authorities 11 Examination 617.(1) This section applies if it appears to the Attorney-General that-- 12 (a) a person who has been concerned, or taken part, in a water 13 authority's management, administration or affairs has been, or 14 may have been, guilty of fraud, negligence, default, breach of trust 15 or breach of duty or other misconduct in relation to the authority; 16 or 17 (b) a person may be capable of giving information in relation to a 18 water authority's management, administration or affairs. 19 (2) The Attorney-General may apply to the Supreme Court or the District 20 Court for an order under this section in relation to the person. 21 (3) The court may order that the person attend before the court at a time 22 and place fixed by the court to be examined on oath on any matters relating 23 to the water authority's management, administration or affairs. 24 (4) The examination of the person must be held in public except so far as 25 the court considers that, because of special circumstances, it is desirable to 26 hold the examination in private. 27 (5) The court may give directions about-- 28 (a) the matters to be inquired into at the examination; and 29 (b) the procedures to be followed at the examination including, if the 30 examination is to be held in private, the persons who may be 31 present. 32

s 617 227 s 617 Water (6) The person must not fail, without reasonable excuse-- 1 (a) to attend as required by the order; or 2 (b) to continue to attend as required by the court until the completion 3 of the examination. 4 Maximum penalty--200 penalty units or imprisonment for 2 years. 5 (7) The person must not fail to take an oath or make an affirmation at the 6 examination. 7 Maximum penalty--200 penalty units or imprisonment for 2 years. 8 (8) The person must not fail to answer a question that the person is 9 directed by the court to answer. 10 Maximum penalty--200 penalty units or imprisonment for 2 years. 11 (9) The person may be directed by the court (whether in the order or by 12 subsequent direction) to produce any document in the person's possession, 13 or under the person's control, relevant to the matters on which the person is 14 to be, or is being, examined. 15 (10) The person must not, without reasonable excuse, contravene a 16 direction under subsection (9). 17 Maximum penalty--200 penalty units or imprisonment for 2 years. 18 (11) If the court directs the person to produce a document and the person 19 has a lien on the document, the production of the document does not 20 prejudice the lien. 21 (12) The person must not knowingly make a statement at the 22 examination that is false or misleading in a material particular. 23 Maximum penalty--500 penalty units or imprisonment for 5 years. 24 (13) The person is not excused from answering a question put to the 25 person at the examination on the ground that the answer might tend to 26 incriminate the person or make the person liable to a penalty. 27 (14) Subsection 15 applies if-- 28 (a) before answering a question put to the person at the examination, 29 the person claims that the answer might tend to incriminate the 30 person or make the person liable to a penalty; and 31 (b) the answer might in fact tend to incriminate the person or make 32

s 618 228 s 618 Water the person liable to a penalty. 1 (15) The answer is not admissible in evidence against the person in a 2 criminal proceeding or a proceeding for the imposition of a penalty, other 3 than a proceeding for an offence against this section or another proceeding 4 in relation to the falsity of the answer. 5 (16) The court may order the questions put to the person and the answers 6 given by the person at the examination to be recorded in writing and may 7 require the person to sign the record. 8 (17) Subject to subsection (15), any written record of the examination 9 signed by the person, or any transcript of the examination that is 10 authenticated by the signature of the examiner, may be used in evidence in 11 any legal proceeding against the person. 12 (18) The person may, at his or her own expense, employ a lawyer, and 13 the lawyer may put to the person questions that the court considers just for 14 the purpose of enabling the person to explain or qualify any answers given 15 by the person. 16 (19) The court may adjourn the examination from time to time. 17 (20) If the court is satisfied that the order for the examination of the 18 person was obtained without reasonable cause, the court may order all, or 19 any part, of the costs incurred by the person be paid by the State. 20 to grant relief 21 Power 618.(1) This section applies to a person who is an officer or employee of 22 a water authority. 23 (2) Subsection (3) applies if, in a proceeding against the person for 24 negligence, default, breach of trust or breach of duty as an officer or 25 employee of the water authority, it appears to the court that-- 26 (a) the person is or may be liable for the negligence, default or 27 breach; but 28 (b) the person has acted honestly and, having regard to all the 29 circumstances of the case, including circumstances connected 30 with the person's appointment, the person ought fairly to be 31 excused for the negligence, default or breach. 32

s 619 229 s 619 Water (3) The court may relieve the person, wholly or partly, from liability on 1 terms the court considers appropriate. 2 (4) If the person believes that a claim will or might be made against the 3 person for negligence, default, breach of trust or breach of duty as an officer 4 or employee of the water authority, the person may apply to the Supreme 5 Court or the District Court for relief. 6 (5) The court has the same power to relieve the person as it would have if 7 a proceeding had been brought against the person in the court for the 8 negligence, default or breach. 9 (6) Subsection (7) applies if-- 10 (a) a proceeding mentioned in subsection (2) is being tried by a judge 11 with a jury; and 12 (b) the judge, after hearing the evidence, is satisfied that the defendant 13 ought under that subsection be relieved, wholly or partly, from the 14 liability sought to be enforced against the person. 15 (7) The judge may withdraw the case, wholly or partly, from the jury and 16 direct that judgment be entered for the defendant on the terms, as to costs or 17 otherwise, that the judge considers appropriate. 18 or misleading information or documents 19 False 619.(1) In this section-- 20 "officer" of a water authority includes an employee of the authority. 21 (2) An officer of a water authority must not-- 22 (a) make a statement concerning the affairs of the authority to another 23 officer or the Minister that the first officer knows is false or 24 misleading in a material particular; or 25 (b) omit from a statement concerning the authority's affairs made to 26 another officer or the Minister anything without which the 27 statement is, to the first officer's knowledge, misleading in a 28 material particular. 29 (3) It is enough for a complaint for an offence against subsection (2)(a) 30 or (b) to state the statement made was `false or misleading' to the person's 31 knowledge, without specifying which. 32

s 620 230 s 620 Water (4) An officer of a water authority must not give to another officer or the 1 Minister a document containing information that the first officer knows is 2 false, misleading or incomplete in a material particular without-- 3 (a) indicating to the recipient that the document is false, misleading or 4 incomplete and the respect in which the document is false, 5 misleading or incomplete; and 6 (b) giving the correct information to the recipient if the first officer 7 has, or can reasonably obtain, the correct information. 8 Maximum penalty-- 9 (a) if the contravention is committed with intent to deceive or defraud 10 the water authority, its creditors or creditors of another person or 11 for another fraudulent purpose--500 penalty units or 12 imprisonment for 5 years; or 13 (b) otherwise--100 penalty units. 14 3--Board proceedings 15 Division and place of meetings 16 Time 620.(1) Meetings of the board are to be held at the times and places it 17 decides. 18 (2) However, the board must hold-- 19 (a) its first meeting at the time and place decided by the chief 20 executive; and 21 (b) at least 1 meeting a year. 22 (3) The board chairperson-- 23 (a) may call a board meeting at any time; and 24 (b) must call a meeting if asked by at least one-half of the directors 25 comprising the board or, if the number is not a whole number, the 26 next highest whole number of directors. 27

s 621 231 s 623 Water of proceedings 1 Conduct 621.(1) The board's chairperson must preside at all meetings at which the 2 chairperson is present. 3 (2) If the chairperson is absent, the director chosen by the directors 4 present must preside. 5 (3) At a board meeting-- 6 (a) a quorum is the number of directors equalling one-half the 7 number of directors on the board plus 1 or, if the number is not a 8 whole number, the next highest whole number; and 9 (b) a question is decided by a majority of the votes of the directors 10 present and voting; and 11 (c) each director present has a vote on each question to be decided 12 and, if the votes are equal, the chairperson has a casting vote. 13 (4) Unless otherwise prescribed under a regulation, the board may 14 conduct its proceedings, including its meetings, as it considers appropriate. 15 in meetings by telephone etc. 16 Participation 622.(1) The board may permit directors to participate in a particular 17 meeting, or all meetings, by-- 18 (a) telephone; or 19 (b) closed circuit television; or 20 (c) another means of communication. 21 (2) A director who participates in a meeting of the board under a 22 permission under subsection (1) is taken to be present at the meeting. 23 inutes 24 M 623. The board must keep minutes of its proceedings. 25

s 624 232 s 638 Water 4--Directors' fees and allowances 1 Division and allowances 2 Fees 624. A director is entitled to be paid the fees and allowances approved by 3 the Minister. 4 numbers not used 5 Section 625-636. See footnote to section 1. 6 PART 5--CATEGORY 1 WATER AUTHORITY 7 MATTERS 8 Division 1--Commercialising category 1 water authorities 9 1--Preliminary 10 Subdivision of "commercialisation" 11 Meaning 637. "Commercialisation" of a category 1 water authority involves the 12 authority undergoing a structural reform process so that it operates, as far as 13 practicable, on a commercial basis and in a competitive environment. 14 commercialisation principles 15 Key 638.(1) The key commercialisation principles are the following-- 16 (a) principle 1--clarity of objectives; 17 (b) principle 2--management autonomy and authority; 18 (c) principle 3--accountability for performance; 19 (d) principle 4--competitive neutrality. 20 (2) The elements of principle 1 are as follows-- 21

s 638 233 s 638 Water (a) the water authority will have clear, non-conflicting objectives; 1 (b) specific financial and non-financial performance targets will be set 2 for the commercial activities of the water authority and stated in 3 its performance plan; 4 (c) any community service obligations of the water authority will 5 be-- 6 (i) clearly identified in its performance plan; and 7 (ii) separately costed; 8 (d) the water authority will be appropriately funded for its community 9 service obligations and any funding will be made apparent; 10 (e) the water authority will be set performance targets for its 11 community service obligations. 12 (3) The elements of principle 2 are as follows-- 13 (a) the water authority will be required to use its best endeavours to 14 ensure it meets its performance targets; 15 (b) subject to this Act, the water authority will be given autonomy in 16 its day to day operations; 17 (c) government directions for the water authority to achieve 18 non-commercial objectives will be exercised in an open way; 19 (d) in its day to day operations, the water authority will be at arms 20 length to the State. 21 (4) The elements of principle 3 are as follows-- 22 (a) the water authority's board will be accountable to the Minister for 23 the authority's performance; 24 (b) the authority's performance plan will form the basis for 25 accountability; 26 (c) the authority's performance will be monitored by the chief 27 executive against the performance targets specified in its 28 performance plan; 29 (d) Government monitoring of the authority is intended to 30 compensate for the absence of the wide range of monitoring to 31 which corporations whose shares are listed on a stock exchange 32

s 639 234 s 640 Water are subject. 1 (5) The elements of principle 4 are as follows-- 2 (a) the efficiency of overall resource use is promoted by ensuring 3 markets are not unnecessarily distorted; 4 (b) wherever possible and appropriate, advantages and disadvantages 5 accruing to the water authority because it is a statutory authority 6 should be removed. 7 (6) Without limiting subsection (5)(b), advantages accruing to the water 8 authority may be removed by requiring the authority-- 9 (a) to pay to the State amounts equivalent to-- 10 (i) government taxes that are not otherwise payable by the 11 authority to the Commonwealth, State or local government; 12 and 13 (ii) any cost of funds advantage the authority obtains 14 over commercial rates of interest because of State guarantees 15 given for providing the goods or services; and 16 (b) to comply with Commonwealth, State and local 17 government requirements that apply only if the activity carried on 18 by the authority were carried on by a private sector business, 19 including, for example, requirements about protecting the 20 environment and planning and approval processes. 21 2--Category 1 water authorities subject to 22 Subdivision commercialisation 23 1 water authorities subject to commercialisation 24 Category 639. Category 1 water authorities are subject to commercialisation. 25 objectives of category 1 water authority 26 Key 640.(1) Under commercialisation, the key objectives of a category 1 27 water authority are to be-- 28 (a) commercially successful in carrying on its activities; and 29

s 641 235 s 643 Water (b) efficient and effective in providing goods and delivering its 1 services, including things done as community service obligations. 2 (2) The commercial success, efficiency and effectiveness of a category 1 3 water authority are to be measured against its financial and non-financial 4 performance targets stated in its performance plan. 5 Division 2--Commercialisation charter for category 1 water authorities 6 commercialisation charter 7 Preparing 641. The Minister may prepare a commercialisation charter for a 8 category 1 water authority. 9 of commercialisation charter 10 Content 642. A water authority's commercialisation charter must include 1 or 11 more of the following matters decided by the Minister-- 12 (a) an outline of how the key commercialisation principles and their 13 elements are to be applied to the authority; 14 (b) a timetable for applying the principles and elements; 15 (c) a timetable for the authority's adoption of the following-- 16 (i) appropriate systems of accounting; 17 (ii) commercial management and performance systems; 18 (d) a timetable and method for valuing the authority's assets and 19 deciding its capital structure; 20 (e) a statement of activities to be undertaken by the authority before 21 commercialisation; 22 (f) a statement of the authority's community service obligations and 23 its financial costs for the obligations. 24 with commercialisation charter 25 Compliance 643. A category 1 water authority for which the Minister has prepared a 26 commercialisation charter must implement the charter. 27

s 644 236 s 648 Water of commercialisation charter 1 Expiry 644. A commercialisation charter prepared for a water authority under 2 section 641 expires 1 year after the authority becomes a category 1 water 3 authority. 4 Division 3--Corporate plan for category 1 water authorities 5 1 water authority must have corporate plan 6 Category 645. A category 1 water authority must have a corporate plan. 7 for corporate plans 8 Guidelines 646.(1) The Minister may issue guidelines about the form and content of 9 corporate plans. 10 (2) Each category 1 water authority must comply with the guidelines. 11 (3) Guidelines under this section are subordinate legislation. 12 corporate plan 13 Draft 647.(1) A category 1 water authority must prepare, and submit to the 14 Minister for the Minister's agreement, a draft corporate plan-- 15 (a) within 1 month of becoming a category 1 water authority; and 16 (b) not later than 2 months before the start of each subsequent 17 financial year (a "subsequent financial year"). 18 (2) The authority and Minister must endeavour to reach agreement on the 19 draft plan as soon as possible and, in the case of a draft corporate plan for a 20 subsequent financial year, in any event not later than 1 month before the 21 start of the financial year. 22 procedures for draft corporate plan 23 Special 648.(1) The Minister may return the draft corporate plan to the water 24 authority and request it to-- 25 (a) consider, or further consider, any matter and deal with the matter 26

s 649 237 s 650 Water in the draft plan; and 1 (b) revise the draft plan in the light of its consideration or further 2 consideration. 3 (2) The board must comply with the request as a matter of urgency. 4 (3) If a draft corporate plan has not been agreed to by the Minister within 5 2 months after the authority becomes a category 1 water authority, the 6 Minister may, by notice, direct the authority-- 7 (a) to take specified steps in relation to the draft plan; or 8 (b) to make specified modifications to the draft plan. 9 (4) If, in the case of a subsequent financial year, a draft corporate plan has 10 not been agreed to by the Minister by 1 month before the start of the 11 financial year, the Minister may, by notice, direct the authority-- 12 (a) to take specified steps in relation to the draft plan; or 13 (b) to make specified modifications to the draft plan. 14 (5) The authority must immediately comply with a direction under 15 subsection (3) or (4). 16 (6) The Minister must cause a copy of a direction to be published in the 17 gazette within 15 business days after it is given. 18 plan on agreement 19 Corporate 649. When a water authority's draft corporate plan is agreed to by the 20 Minister, it becomes the authority's corporate plan for the relevant financial 21 year. 22 plan pending agreement 23 Corporate 650.(1) Subsection (2) applies if a water authority's draft corporate plan 24 has not been agreed to by the Minister within 1 month after the authority 25 becomes a category 1 water authority. 26 (2) The draft corporate plan submitted, or last submitted, by the authority 27 to the Minister before the time mentioned in subsection (1) (with any 28 modifications made by the authority, whether before or after that time, at the 29 direction of the Minister) is taken to be the authority's corporate plan until a 30

s 651 238 s 653 Water draft corporate plan becomes the authority's corporate plan under 1 section 649. 2 (3) Subsection (4) applies if, in the case of a subsequent financial year, 3 the Minister has not agreed to a draft corporate plan before the start of the 4 financial year. 5 (4) The draft corporate plan submitted, or last submitted, by the authority 6 to the Minister before the start of the financial year (with any modifications 7 made by the authority, whether before or after that time, at the direction of 8 the Minister) is taken to be the authority's corporate plan until a draft 9 corporate plan becomes the authority's corporate plan under section 649. 10 corporate plan 11 Modifying 651.(1) A water authority's corporate plan may be modified by the 12 authority with the Minister's agreement. 13 (2) The Minister, by notice, may direct the authority to modify the 14 corporate plan. 15 (3) The Minister must cause a copy of the direction to be published in the 16 gazette within 15 business days after it is given. 17 Division 4--Performance plan for category 1 water authorities 18 1 water authority must have performance plan 19 Category 652.(1) A category 1 water authority must have a performance plan for 20 each financial year. 21 (2) The performance plan must be consistent with the authority's 22 corporate plan. 23 of performance plan 24 Content 653.(1) A category 1 water authority's performance plan must include 25 the following for the relevant financial year-- 26 (a) the authority's financial and non-financial performance targets for 27 its functions; 28

s 653 239 s 653 Water (b) particulars of the authority's relevant employment and industrial 1 relations plan; 2 (c) an outline of the authority's objectives; 3 (d) an outline of the nature and scope of the activities proposed to be 4 undertaken by the authority during the financial year; 5 (e) an outline of the authority's main undertakings during the 6 financial year; 7 (f) the authority's proposed infrastructure investments; 8 (g) the authority's capital structure and dividend policies; 9 (h) the authority's forecast taxation obligations; 10 (i) an outline of the borrowings made, and proposed to be made, by 11 the authority; 12 (j) an outline of the policies adopted by the authority to minimise and 13 manage any risk of investments and borrowings that may 14 adversely affect its financial stability; 15 (k) an outline of the authority's asset management plans, including its 16 policies and procedures relating to the acquisition and disposal of 17 major assets; 18 (l) the authority's accounting policies that apply to the preparation of 19 its accounts; 20 (m) style and frequency of reporting requirements; 21 (n) the performance indicators for the authority's performance 22 targets. 23 (2) The performance plan must also contain the following particulars 24 about the water authority's community service obligations-- 25 (a) the nature and extent of the obligations to be performed by the 26 authority for the financial year to which the plan relates; 27 (b) the costs for the obligations; 28 (c) the ways in which, and the extent to which, the authority must be 29 compensated by the State for performing the obligations; 30 (d) performance targets for the obligations. 31

s 654 240 s 655 Water draft performance plan 1 Preparing 654.(1) A category 1 water authority must prepare, and give to the 2 Minister for approval, a draft performance plan. 3 (2) The draft must be given to the Minister-- 4 (a) within 1 month after the water authority becomes a category 1 5 water authority; and 6 (b) not later than 2 months before the start of each subsequent 7 financial year. 8 (3) The authority and the Minister must try to reach agreement on the 9 draft performance plan-- 10 (a) as soon as possible; and 11 (b) for a draft plan for a subsequent financial year--not later than the 12 start of the financial year. 13 procedures for draft performance plan 14 Special 655.(1) The Minister may return the draft performance plan to the water 15 authority and request it to-- 16 (a) consider, or further consider, any matter and deal with the matter 17 in the draft plan; and 18 (b) revise the draft plan in the light of its consideration or further 19 consideration. 20 (2) The authority must immediately comply with the request. 21 (3) If a draft performance plan has not been agreed to by the Minister 22 within 2 months after the authority becomes a category 1 water authority, 23 the Minister may, by notice, direct the authority-- 24 (a) to take specified steps in relation to the draft plan; or 25 (b) to make specified modifications to the draft plan. 26 (4) If, in the case of a subsequent financial year, a draft performance plan 27 has not been agreed to by the Minister by 1 month before the start of the 28 financial year, the Minister may, by notice, direct the authority-- 29 (a) to take specified steps in relation to the draft plan; or 30

s 656 241 s 658 Water (b) to make specified modifications to the draft plan. 1 (5) The authority must immediately comply with a direction under 2 subsection (3) or (4). 3 (6) The Minister must cause a copy of a direction to be published in the 4 gazette within 15 business days after it is given. 5 plan on agreement 6 Performance 656. When a water authority's draft performance plan is agreed to by the 7 Minister, it becomes the authority's performance plan for the relevant 8 financial year. 9 plan pending agreement 10 Performance 657.(1) Subsection (2) applies if a water authority's draft performance 11 plan has not been agreed to by the Minister within 1 month after the 12 authority becomes a category 1 water authority. 13 (2) The draft performance plan submitted, or last submitted, by the 14 authority to the Minister before the time mentioned in subsection (1) (with 15 any modifications made by the authority, whether before or after that time, 16 at the direction of the Minister) is taken to be the authority's performance 17 plan until a draft performance plan becomes the authority's performance 18 plan under section 656. 19 (3) Subsection (4) applies if, in the case of a subsequent financial year, 20 the Minister has not agreed to a draft performance plan before the start of 21 the financial year. 22 (4) The draft performance plan submitted, or last submitted, by the 23 authority to the Minister before the start of the financial year (with any 24 modifications made by the authority, whether before or after that time, at the 25 direction of the Minister) is taken to be the authority's performance plan 26 until a draft performance plan becomes the authority's performance plan 27 under section 656. 28 performance plan 29 Modifying 658.(1) A water authority's performance plan may be modified by the 30

s 659 242 s 659 Water authority with the Minister's agreement. 1 (2) The Minister, by notice, may direct the authority to modify the 2 performance plan. 3 (3) The Minister must cause a copy of the direction to be published in the 4 gazette within 15 business days after it is given. 5 5--Tax equivalents manual for category 1 water authorities 6 Division may issue tax equivalents manual 7 Treasurer 659.(1) The Treasurer may issue a manual (the "tax equivalents 8 manual") about deciding the amounts ("tax equivalents") that must be 9 taken into account by a category 1 water authority in applying full cost 10 pricing to its operations as the value of benefits derived by the authority if 11 there is no liability to pay a government tax that would be payable by the 12 authority if it were not a statutory authority. 13 (2) Without limiting subsection (1), the tax equivalents manual may 14 provide for the following-- 15 (a) rulings by the tax assessor appointed under subsection (3) on 16 issues about tax equivalents, including the application of rulings 17 under a Commonwealth Act about Commonwealth tax; 18 (b) lodging returns and giving information; 19 (c) assessing returns; 20 (d) the tax assessor's functions and powers; 21 (e) objections and appeals against assessments and rulings. 22 (3) The Treasurer may appoint a person to be the tax assessor under the 23 tax equivalents manual. 24 (4) A category 1 water authority must, as required under the tax 25 equivalents manual, pay tax equivalents to the Minister for payment to the 26 consolidated fund. 27 (5) The Treasurer must table a copy of the tax equivalents manual, and 28 each amendment of the manual, in the Legislative Assembly within 29 14 sitting days after the manual is issued or the amendment is made. 30

s 660 243 s 660 Water Division 6--Dividends payable by category 1 water authorities 1 of dividends 2 Payment 660.(1) A category 1 water authority must advise the Minister of the 3 recommendation that, in the light of the information then available to the 4 authority, it is likely to make under subsection (3). 5 (2) The authority must comply with subsection (1) within-- 6 (a) 1 month after the end of each financial year; or 7 (b) for a particular financial year, if the Minister has extended the 8 period to a period not longer than 3 months after the end of the 9 financial year, the extended period. 10 (3) Within 4 months after the end of each financial year, the authority 11 must recommend to the Minister that the authority pay a specified dividend 12 to the State, or not pay a dividend, for the financial year. 13 (4) The authority must consult with the Minister before making the 14 recommendation. 15 (5) Within 1 month after receiving the recommendation, the Minister 16 must either-- 17 (a) approve the recommendation; or 18 (b) direct the payment to the State of the specified dividend or a 19 different specified dividend, as the case requires. 20 (6) The dividend for a financial year must not exceed the authority's 21 profits, after-- 22 (a) provision has been made for income tax or its equivalent; and 23 (b) any unrealised capital gains from upwards revaluation of 24 non-current assets have been excluded. 25 (7) The dividend must be paid within 6 months after the end of the 26 financial year or any further period the Minister allows. 27 (8) The Minister must cause a copy of a direction given under 28 subsection (5)(b) to be published in the gazette within 15 business days after 29 the direction is given. 30

s 661 244 s 662 Water dividends 1 Interim 661.(1) The Minister, at any time after 1 January in a financial year, may 2 require a water authority to make a recommendation about the payment of 3 interim amounts to the State, including when the amounts are to be paid, on 4 account of the dividend that may become payable under section 660 for the 5 financial year. 6 (2) Within 1 month after receiving notice of the requirement, the 7 authority must make a recommendation to the Minister. 8 (3) The Minister must, within 1 month after receiving the 9 recommendation, either-- 10 (a) approve the recommendation; or 11 (b) direct the payment, at specified times, of specified amounts, or 12 different specified amounts, on account of the dividend that may 13 become payable for the financial year. 14 (4) A direction under subsection (3)(b) must not direct the payment of an 15 amount that exceeds the authority's estimated profit for the first 6 months of 16 the financial year, after-- 17 (a) provision has been made for income tax or its equivalent; and 18 (b) any unrealised capital gains from upwards revaluation of 19 non-current assets have been excluded. 20 (5) The Minister must cause a copy of a direction under subsection (3)(b) 21 to be published in the gazette within 15 business days after the direction is 22 given. 23 payment for financial year in which water authority 24 Dividend becomes a category 1 water authority 25 662. For applying section 660 to a water authority for the financial year in 26 which it became a category 1 water authority, a dividend payable by the 27 authority is payable for, at the discretion of the Minister-- 28 (a) the whole financial year; or 29 (b) the part of the financial year for which it was a category 1 water 30 authority. 31

s 663 245 s 675 Water dividend for financial year in which water authority becomes 1 Interim a category 1 water authority 2 663.(1) For applying section 661 to a water authority for the financial 3 year in which it becomes a category 1 water authority-- 4 (a) the period (the "applicable period") in relation to which an 5 interim dividend is payable is, at the discretion of the Minister-- 6 (i) the first 6 months of the financial year; or 7 (ii) the part of the 6 months for which it was a category 1 water 8 authority; and 9 (b) the Minister must, when acting under section 661(1) to require the 10 authority to make a recommendation, also notify the authority of 11 the applicable period. 12 (2) However, when the Minister exercises the Minister's discretion under 13 section 662(a), the Minister is not bound by an applicable period previously 14 decided and notified under subsection (1). 15 numbers not used 16 Section 664-674. See footnote to section 1. 17 ART 6--RESERVE POWERS OF MINISTER AND 18 P TREASURER 19 power to notify water authority of public sector policies 20 Minister's 675.(1) The Minister may give a water authority notice of a public sector 21 policy that is to apply to the authority if the Minister is satisfied it is 22 necessary to give the notice in the public interest. 23 (2) The water authority must comply with the policy. 24 (3) Before giving the notice, the Minister must-- 25 (a) consult with the water authority; and 26

s 676 246 s 677 Water (b) ask the authority to advise whether, in its opinion, complying with 1 the policy would not be in its financial interest. 2 (4) The Minister must gazette a copy of the notice within 15 business 3 days after it is given. 4 power to give directions in public interest 5 Minister's 676.(1) The Minister may give a water authority a written direction if the 6 Minister is satisfied it is necessary to give the direction in the public interest 7 because of exceptional circumstances. 8 (2) The water authority must comply with the direction. 9 (3) Before giving the direction, the Minister must-- 10 (a) consult with the water authority; and 11 (b) ask the authority to advise whether, in its opinion, complying with 12 the direction would not be in its financial interest. 13 (4) The Minister must gazette a copy of the direction within 15 business 14 days after it is given. 15 and Treasurer's power to give joint directions to category 1 16 Minister's water authority 17 677.(1) The Minister and Treasurer may give a category 1 water authority 18 a written joint direction if the Minister and Treasurer are satisfied it is 19 necessary to give the direction-- 20 (a) to give effect to the purpose of this chapter; or 21 (b) to facilitate water industry reform in the State; or 22 (c) to ensure a financially viable water industry in the State. 23 (2) The water authority must comply with the direction. 24 (3) The Minister must gazette a copy of the direction within 15 business 25 days after it is given. 26 (4) This section expires 3 years after it commences. 27

s 678 247 s 678 Water of suspected insolvency because of notice or direction 1 Notice 678.(1) This section applies if-- 2 (a) a water authority is given a notice about a public sector policy (a 3 "public sector policy notice") or direction under this part; and 4 (b) the authority suspects that it will or may become insolvent; and 5 (c) in the authority's opinion, the cause or a substantial cause of the 6 suspected insolvency would be compliance with the public sector 7 policy notice or direction. 8 (2) The authority must immediately give the Minister notice of the 9 suspicion and its reasons for the opinion. 10 (3) The notice must state that it is given under this section. 11 (4) The giving of the notice operates to suspend the public sector policy 12 notice or direction until-- 13 (a) the Minister gives the authority written advice that the Minister is 14 not satisfied that-- 15 (i) the authority's suspicion mentioned in subsection (1)(b) is 16 well-founded; or 17 (ii) the authority's opinion mentioned in subsection (1)(c) is 18 justified; or 19 (b) the public sector policy notice or direction is revoked. 20 (5) If the authority was given a public sector policy notice, or a direction 21 other than a joint direction under section 677, and the Minister is satisfied 22 that the authority's suspicion is well-founded, the Minister must 23 immediately-- 24 (a) if the Minister is also satisfied that the authority's opinion is 25 justified--revoke the public sector policy notice or direction; and 26 (b) in any case--give the authority the written directions the Minister 27 considers necessary or desirable, including any directions 28 necessary or desirable to ensure-- 29 (i) the authority does not incur further debts; or 30 (ii) the authority will be able to pay all its debts as and when they 31 become due. 32

s 679-689 248 s 679-689 Water (6) If the authority was given a joint direction under section 677 and the 1 Minister and the Treasurer are each satisfied that the authority's suspicion is 2 well-founded, the Minister and Treasurer must immediately, by joint 3 notice-- 4 (a) if the Minister and Treasurer are also satisfied that the authority's 5 opinion is justified--revoke the direction; and 6 (b) in any case--give the authority the written joint directions the 7 Minister and Treasurer consider necessary or desirable, including 8 any directions necessary or desirable to ensure-- 9 (i) the authority does not incur further debts; or 10 (ii) the authority will be able to pay all its debts as and when they 11 become due. 12 (7) Without limiting subsections (5) and (6), a direction under this 13 section may require the authority to stop or limit particular activities. 14 (8) The authority must comply with a direction under this section. 15 (9) The Minister must publish a copy of the direction in the gazette within 16 15 business days after it is given. 17 (10) This section is in addition to, and does not limit, another provision 18 of this Act or another law. 19 numbers not used 20 Section 679-689. See footnote to section 1. 21

s 690 249 s 691 Water ART 7--AMALGAMATING, DISSOLVING AND 1 P TRANSFERRING FUNCTIONS OF WATER 2 AUTHORITIES 3 Division 1--Amalgamating or dissolving water authorities 4 water authorities and authority areas 5 Amalgamating 690.(1) A regulation may amalgamate 2 or more water authorities 6 ("former authorities") to form a new water authority. 7 (2) The regulation must-- 8 (a) name the new water authority; and 9 (b) state its category; and 10 (c) state the matters mentioned in section 598 about composition of 11 the new water authority's board; and 12 (d) if the new water authority is to have an authority area--identify 13 the area; and 14 (e) dissolve the former authorities. 15 of water authority and authority area 16 Dissolution 691.(1) A regulation may-- 17 (a) dissolve a water authority if the Minister is satisfied the water 18 authority no longer serves the function for which it was 19 established; or 20 (b) dissolve a water authority for converting the authority to an 21 alternative institutional structure; or 22 (c) dissolve a water authority after transferring all its functions to a 23 local government under section 691;24 or 24 (d) dissolve a water authority and appoint the chief executive to 25 perform the authority's functions. 26 24 Section 700 (Transfer of functions)

s 692 250 s 693 Water (2) If a water authority mentioned in subsection (1)(a) to (c) has an 1 authority area, the regulation may also dissolve the authority area. 2 notice of proposed amalgamation or dissolution 3 Public 692. Before a regulation amalgamates water authorities or dissolves a 4 water authority, the chief executive must publish notice of the proposed 5 amalgamation or dissolution in-- 6 (a) the gazette; and 7 (b) a newspaper circulating-- 8 (i) throughout the State; or 9 (ii) if any of the authorities proposed to be amalgamated have an 10 authority area--generally, in each authority area; or 11 (iii) if the authority proposed to be dissolved has an authority 12 area--generally, in the authority area. 13 of notice of proposed amalgamation or dissolution 14 Content 693.(1) For a proposed amalgamation, a notice under section 692 must-- 15 (a) state the names of the water authorities proposed to be 16 amalgamated; and 17 (b) state the following information about the new water authority 18 proposed to be formed by the amalgamation-- 19 (i) its name; 20 (ii) its category; 21 (iii) that it is to carry out water activities; 22 (iv) the infrastructure it is to own, build or acquire; 23 (v) the land it is to own or acquire; 24 (vi) its financing arrangements, including borrowings and 25 projected water activities costs; 26 (vii) how many directors it is to have; 27 (viii)if it is to have an authority area-- 28

s 694 251 s 694 Water (A) whether the directors are to be elected by the authority's 1 ratepayers or nominated; and 2 (B) if they are to be nominated, by whom they are to be 3 nominated; 4 (ix) if it is not to have an authority area--that the directors are to 5 be nominated, and by whom they are to be nominated; and 6 (c) if the authority has an authority area--identify the area. 7 (2) For a proposed dissolution, the notice must-- 8 (a) state the authority's name; and 9 (b) if the authority has an authority area--identify the area; and 10 (c) state-- 11 (i) for a proposed dissolution under section 691(1)(a)--that the 12 Minister is satisfied the water authority no longer serves the 13 function for which it was established; or 14 (ii) for a proposed dissolution under section 691(1)(b)--state the 15 type of alternative institutional structure; or 16 (iii) for a proposed dissolution under section 691(1)(c)--that all 17 the water authority's functions have been transferred to a 18 stated local government; or 19 (iv) for a proposed dissolution under section 691(1)(d)--that the 20 chief executive is to be appointed to perform the authority's 21 functions. 22 (3) The notice must also state the following-- 23 (a) that written submissions on the proposed dissolution or 24 amalgamation may be made to the chief executive; 25 (b) the date, at least 20 business days after the notice is published, by 26 which the submissions may be made; 27 (c) where the submissions may be made. 28 submissions on proposed amalgamation or dissolution 29 Considering 694. The chief executive must consider each properly made submission 30

s 695 252 s 696 Water about a proposed water authority amalgamation or dissolution before the 1 amalgamation or dissolution happens. 2 authority may request its dissolution 3 Water 695.(1) A water authority may request its dissolution to enable it to 4 convert to an alternative institutional structure if-- 5 (a) its board, by special resolution, resolves to make the request; and 6 (b) for an authority with an authority area--a majority of its 7 ratepayers in the area, by special ballot, agree to the authority 8 making the request. 9 (2) The request must be given, in writing, to the chief executive and must 10 state the particulars of the proposed conversion. 11 (3) The special ballot must be conducted in the way prescribed under a 12 regulation. 13 (4) In this section-- 14 "special resolution" means a resolution that is passed by a two-thirds 15 majority at a meeting of the board. 16 before authority is dissolved to convert to an alternative 17 Procedure institutional structure 18 696. Before a regulation is made dissolving a water authority to allow it 19 to convert to an alternative institutional structure-- 20 (a) the new entity that is the alternative institutional structure must be 21 established; and 22 (b) the Minister, after consultation with the Treasurer, must be 23 satisfied the State has obtained or will obtain-- 24 (i) a satisfactory indemnity for civil liabilities incurred by the 25 State under section 705; and 26 (ii) appropriate payment from the new entity for the authority's 27 assets. 28

s 697 253 s 698 Water water authority's dissolution costs 1 Recovering 697. The State may recover from a water authority, the costs incurred by 2 the State in publishing notice of the authority's proposed dissolution under 3 section 692. 4 2--Transferring water authority's functions to local 5 Division government 6 authority and local government must agree to proposed 7 Water transfer 8 698.(1) A water authority and a relevant local government may agree to 9 the proposed transfer to the local government of all or part of the authority's 10 functions. 11 (2) The water authority and local government must consider the 12 following matters and agree on how to implement the proposed transfer-- 13 (a) the value of the authority's assets and liabilities relating to the 14 functions proposed to be transferred; 15 (b) the value of the authority's existing works and their suitability for 16 facilitating the functions proposed to be transferred; 17 (c) the effect the proposed transfer may have on the authority's 18 ratepayers and customers affected by the transfer; 19 (d) the consideration for acquiring the authority's assets to be paid by 20 the relevant local government to the authority or, if required by the 21 Minister and the Treasurer under section 700(3), the State; 22 (e) the authority's liabilities proposed to be transferred to the local 23 government; 24 (f) the practicability of the proposed transfer to the local government 25 of the authority's liabilities and the ways and means by which the 26 liabilities may be transferred; 27 (g) the effect the management of existing works or the provision of 28 additional works by the local government may have on rates and 29 charges made and levied by the authority on its ratepayers and 30 customers affected by the transfer in the area; 31

s 699 254 s 700 Water (h) the necessary transfers of property to the local government. 1 (3) In this section-- 2 "relevant local government" means the local government decided by the 3 chief executive, having regard to-- 4 (a) for a water authority with an authority area--the local government 5 whose area most closely corresponds with the authority area; or 6 (b) for a water authority without an authority area-- 7 (i) the local government whose area contains the majority of the 8 authority's works; or 9 (ii) any local government to which the authority supplies water. 10 report to Minister 11 Joint 699.(1) After agreeing on how to implement the proposed transfer, the 12 water authority and local government must give the Minister and Treasurer 13 a joint report on the agreement and proposed transfer. 14 (2) The report must-- 15 (a) state the authority's functions proposed to be transferred; and 16 (b) contain details of the matters considered by the water authority 17 and local government under section 698(2); and 18 (c) be accompanied by a copy of the agreement signed by the water 19 authority and local government. 20 functions 21 Transferring 700.(1) This section applies if the Minister and the Treasurer are satisfied 22 it is in the public interest to transfer the water authority's functions 23 mentioned in section 699(2)(a) to the local government after considering the 24 following-- 25 (a) the report; 26 (b) the financial and other implications for the State; 27 (c) the authority's financial viability. 28 (2) A regulation may approve the agreement mentioned in 29

s 701 255 s 701 Water section 699(1). 1 (3) Before the regulation is made, the Minister and the Treasurer may 2 require the local government to pay to the State, rather than the authority, 3 consideration for transferring any assets of the authority. 4 (4) Subsection (3) does not apply to the Gladstone Area Water Board. 5 (5) The regulation must include, as an attachment, a copy of the 6 agreement entered into between the water authority and the local 7 government. 8 (6) The agreement takes effect when the regulation commences. 9 Division 3--Effect of amalgamating, dissolving, converting to alternative 10 institutional structure and transferring functions 11 for div 3 12 Definitions 701. In this division-- 13 "changeover day", for a former water authority, means the day the 14 authority is amalgamated with another water authority or dissolved 15 under division 1. 16 "former water authority" means a water authority that is-- 17 (a) amalgamated with another water authority; or 18 (b) converted to an alternative institutional structure; or 19 (c) dissolved under section 691(1)(a), (c) or (d).25 20 "new entity" means-- 21 (a) for a former water authority that is amalgamated with another 22 water authority--the water authority constituted as a result of the 23 amalgamation; or 24 (b) for a former water authority that is converted to an alternative 25 institutional structure--the entity that is the alternative institutional 26 structure; or 27 25 Section 691 (Dissolution of water authority and authority area)

s 702 256 s 705 Water (c) for a former water authority that is dissolved under 1 section 691(1)(a), (c) or (d)--the State. 2 of assets, rights and liabilities 3 Vesting 702. The assets, rights and liabilities of a former water authority vest in 4 the new entity on the changeover day. 5 legal proceedings 6 Continuing 703. On the changeover day for a former water authority, a legal 7 proceeding by or against the authority that has not been finished before the 8 changeover day may be continued and finished by or against the new entity. 9 employees 10 Existing 704.(1) On the changeover day for a former water authority that is 11 amalgamated with another water authority or converted to an alternative 12 institutional structure, a person who was employed by the authority 13 immediately before the changeover day, becomes an employee of the new 14 entity. 15 (2) The person-- 16 (a) must be employed on the person's existing or equivalent terms 17 and conditions of employment; and 18 (b) remains entitled to all existing and accruing rights of employment. 19 undertakes non-transferable civil liability 20 State 705.(1) This section applies only to an act done or omission made by a 21 changing authority in relation to its functions and powers under this Act 22 before the authority is changed. 23 (2) If the act or omission gives rise to a civil liability that, at law, can not 24 be transferred to the new entity, the State stands in the place of the authority 25 for the act or omission. 26 (3) In this section-- 27 "changed", for an authority, means-- 28

s 706-716 257 s 717 Water (a) amalgamated with another water authority; or 1 (b) converted to an alternative institutional structure. 2 "changing authority" means a water authority that is to be-- 3 (a) amalgamated with another water authority; or 4 (b) converted to an alternative institutional structure. 5 numbers not used 6 Section 706-716. See footnote to section 1. 7 PART 8--MISCELLANEOUS 8 water authority's establishment costs 9 Recovering 717.(1) The State may recover from a water authority the costs incurred 10 by the State for the following-- 11 (a) designing the works stated in the authority's establishment 12 proposal as works the authority proposes to build; 13 (b) conducting site investigations for the works; 14 (c) publishing notice of the authority's proposed establishment under 15 section 552.26 16 (2) However, the State may recover the costs mentioned in 17 subsection (1)(a) and (b) only if the establishment proposal for the authority 18 states-- 19 (a) the amount of the costs; and 20 (b) that the State may recover the costs from the authority. 21 26 Section 552 (Public notice of proposal to establish a water authority)

s 718-738 258 s 740 Water numbers not used 1 Section 718-738. See footnote to section 1. 2 CHAPTER 5--INVESTIGATIONS, 3 ENFORCEMENT AND OFFENCES 4 PART 1--INVESTIGATION MATTERS 5 1--Authorised officers 6 Division and qualifications of authorised officers 7 Appointment 739.(1) The chief executive or the regulator (the "appointer") may 8 appoint a person as an authorised officer. 9 (2) The appointer may appoint a person as an authorised officer only if, 10 in the appointer's opinion, the person has the necessary expertise or 11 experience to be an authorised officer. 12 and powers of authorised officers 13 Functions 740.(1) An authorised officer has the following functions-- 14 (a) collecting information for this Act; 15 (b) conducting investigations and inspections to monitor and enforce 16 compliance with-- 17 (i) this Act; or 18 (ii) the Integrated Planning Act 1997, so far as that Act relates to 19 a development condition. 20 (2) For performing an authorised officer's functions under this Act, an 21 authorised officer has the powers given under this or another Act. 22 (3) An authorised officer is subject to the directions of the appointer in 23 exercising the powers. 24

s 741 259 s 743 Water (4) The powers of an authorised officer may be limited-- 1 (a) under a regulation; or 2 (b) under a condition of appointment; or 3 (c) by notice of the appointer given to the authorised officer. 4 of appointment of authorised officers 5 Conditions 741.(1) An authorised officer holds office on the conditions stated in the 6 officer's instrument of appointment. 7 (2) An authorised officer-- 8 (a) if the appointment provides for a term of appointment--ceases to 9 hold office at the end of the term; and 10 (b) may resign by signed notice of resignation given to the appointer. 11 officer's identity card 12 Authorised 742.(1) The appointer must give each authorised officer an identity card. 13 (2) The identity card must-- 14 (a) contain a recent photograph of the authorised officer; and 15 (b) be signed by the authorised officer; and 16 (c) identify the person as an authorised officer under this Act; and 17 (d) state an expiry date. 18 (3) This section does not prevent the giving of a single identity card to a 19 person for this Act and other Acts. 20 to return identity card 21 Failure 743. A person who ceases to be an authorised officer must return the 22 person's identity card to the appointer as soon as practicable (but within 15 23 business days) after ceasing to be an authorised officer, unless the person 24 has a reasonable excuse for not returning it. 25 Maximum penalty--50 penalty units. 26

s 744 260 s 746 Water or displaying identity card 1 Producing 744.(1) An authorised officer may exercise a power under this Act in 2 relation to someone else only if the authorised officer-- 3 (a) first produces his or her identity card for the person's inspection; 4 or 5 (b) has the identity card displayed so it is clearly visible to the person. 6 (2) However, if for any reason it is not practicable to comply with 7 subsection (1) before exercising the power, the authorised officer must 8 produce the identity card for the person's inspection at the first reasonable 9 opportunity. 10 2--Powers of entry of authorised officers 11 Division for div 2 12 Definition 745. In this division-- 13 "land" means a parcel of land other than the part on which there is erected a 14 building or structure that is-- 15 (a) a dwelling place; or 16 (b) being used, at the relevant time, as a dwelling place. 17 to enter land to monitor compliance 18 Power 746.(1) An authorised officer may, at any reasonable time, enter land of 19 an owner of land authorised under this Act to take, interfere with or use 20 water to do any 1 or more of the following-- 21 (a) read any device used for recording the taking of, interfering with, 22 or use of the water; 23 (b) check the accuracy of, or repair or replace, the device; 24 (c) calculate or measure the water taken, interfered with or used; 25 (d) ensure the conditions of the authorisation or the provisions of a 26 plan under this Act for the taking of, interfering with or use of the 27 water are being complied with. 28

s 747 261 s 747 Water (2) An authorised officer may, at any reasonable time, enter land of an 1 owner of land authorised under this Act to take, interfere with or destroy 2 other resources to do any 1 or more of the following-- 3 (a) calculate or measure the resource taken, interfered with or 4 destroyed; 5 (b) ensure the conditions of the authorisation are being complied 6 with. 7 (3) An authorised officer may, at any reasonable time, enter land where 8 an activity mentioned in section 311(1) is being carried out to ensure the 9 carrying out of the activity complies with this Act. 10 (4) An authorised officer may, at any reasonable time, enter land to find 11 out if the Integrated Planning Act 1997 is being complied with in relation to 12 a development condition. 13 to enter land to collect information 14 Power 747.(1) An authorised officer may, at any reasonable time, enter land-- 15 (a) if there is monitoring equipment on the land-- 16 (i) to read the equipment; or 17 (ii) to recalibrate, repair or replace the equipment; or 18 (b) if paragraph (a) does not apply--to calculate or measure on the 19 land rainfall, water flow, water levels or for assessing the effects 20 of water use on land and water; or 21 (c) to take samples of soil or water from the land; or 22 (d) to construct monitoring equipment on the land. 23 (2) An authorised officer may, at any reasonable time, enter land-- 24 (a) to calculate or measure other resources on the land; or 25 (b) to take samples of the resources from the land. 26 (3) For exercising a power mentioned in subsection (1) or (2), an 27 authorised officer may enter and cross any land to access land mentioned in 28 the subsection. 29 (4) An authorised officer may, at any reasonable time-- 30

s 748 262 s 749 Water (a) enter land to inspect-- 1 (i) a dam or a referable dam on the land; or 2 (ii) any records about a referable dam; or 3 (b) enter other land to ascertain-- 4 (i) the impact a failure of the dam or referable dam would have; 5 or 6 (ii) if there are factors that are likely to cause the dam or 7 referable dam to fail; or 8 (iii) if a failure impact assessment of the dam or referable dam 9 should be requested. 10 (5) In this section-- 11 "monitoring equipment" means equipment for reading rainfall, water 12 flow, water levels or for assessing the effects of water use on land and 13 water. 14 to enter land to search for unauthorised drilling or taking of or 15 Power interfering with water 16 748.(1) Subsection (2) applies if an authorised officer reasonably believes 17 unauthorised drilling or unauthorised taking of, interfering with or use of 18 water or other resources is happening to the detriment of other users and 19 natural ecosystems. 20 (2) The authorised officer may enter land to find out, or confirm whether, 21 the unauthorised drilling, taking, interfering with or use of water or other 22 resources is happening or has happened. 23 (3) The authorised officer may exercise powers under subsection (2), at 24 the time, with the help, and using the force, that is necessary and reasonable 25 in the circumstances. 26 to enter places for other purposes 27 Power 749.(1) An authorised officer may enter a place for a purpose other than a 28 purpose mentioned in section 746, 747 or 748, if-- 29 (a) its occupier consents to the entry; or 30

s 750 263 s 750 Water (b) it is a public place and the entry is made when it is open to the 1 public; or 2 (c) the entry is authorised by a warrant; or 3 (d) it is a place of business to which this Act relates and the entry is 4 made when the place is open for business or otherwise open for 5 entry. 6 (2) For the purpose of asking the occupier of a place for consent to enter, 7 an authorised officer may, without the occupier's consent or a warrant-- 8 (a) enter land around premises at the place to an extent that is 9 reasonable to contact the occupier; or 10 (b) enter part of the place the authorised officer reasonably considers 11 members of the public ordinarily are allowed to enter when they 12 wish to contact the occupier. 13 (3) For subsection (1)(d)-- 14 "place of business" does not include a part of the place where a person 15 resides. 16 Division 3--Procedure for entry 17 with consent 18 Entry 750.(1) This section applies if an authorised officer intends to ask an 19 occupier of a place to consent to the authorised officer or another authorised 20 officer entering the place under section 749(1)(a). 21 (2) Before asking for the consent, the authorised officer must tell the 22 occupier-- 23 (a) the purpose of the entry; and 24 (b) that the occupier is not required to consent. 25 (3) If the consent is given, the authorised officer may ask the occupier to 26 sign an acknowledgment of the consent. 27 (4) The acknowledgment must state-- 28 (a) the occupier has been told-- 29

s 751 264 s 751 Water (i) the purpose of the entry; and 1 (ii) that the occupier is not required to consent; and 2 (b) the purpose of the entry; and 3 (c) the occupier gives the authorised officer consent to enter the place 4 and exercise powers under this division; and 5 (d) the time and date the consent was given. 6 (5) If the occupier signs the acknowledgment, the authorised officer must 7 immediately give a copy to the occupier. 8 (6) A court must find the occupier of a place did not consent to an 9 authorised officer entering the place under this division if-- 10 (a) a matter arises in a proceeding before the court whether the 11 occupier of the place consented to the entry under 12 section 749(1)(a); and 13 (b) an acknowledgment mentioned in subsection (4) is not produced 14 in evidence for the entry; and 15 (c) it is not proved by the person relying on the lawfulness of the 16 entry that the occupier consented to the entry. 17 for warrant 18 Applying 751.(1) An authorised officer may apply to a magistrate for a warrant for 19 a place. 20 (2) The application must be sworn and state the grounds on which the 21 warrant is sought. 22 (3) The magistrate may refuse to consider the application until the 23 authorised officer gives the magistrate all the information the magistrate 24 requires about the application in the way the magistrate requires. 25 26 Example-- 27 The magistrate may require additional information supporting the application to be 28 given by statutory declaration.

s 752 265 s 753 Water of warrant 1 Issue 752.(1) The magistrate may issue a warrant only if the magistrate is 2 satisfied there are reasonable grounds for suspecting-- 3 (a) there is a particular thing or activity (the "evidence") that may 4 provide evidence of an offence against this Act; and 5 (b) the evidence is at the place, or, within the next 7 days, may be at 6 the place. 7 (2) The warrant must state-- 8 (a) that a stated authorised officer may, with necessary and 9 reasonable help and force-- 10 (i) enter the place and any other place necessary for the entry; 11 and 12 (ii) exercise the authorised officer's powers under this division; 13 and 14 (b) the offence for which the warrant is sought; and 15 (c) the evidence that may be seized under the warrant; and 16 (d) the hours of the day or night when the place may be entered; and 17 (e) the date, within 14 days after the warrant's issue, the warrant 18 ends. 19 warrants 20 Special 753.(1) An authorised officer may apply for a warrant (a "special 21 warrant") by phone, fax, radio or another form of communication if the 22 authorised officer considers it necessary because of-- 23 (a) urgent circumstances; or 24 (b) other special circumstances, including, for example, the 25 authorised officer's remote location. 26 (2) Before applying for the special warrant, the authorised officer must 27 prepare an application stating the grounds on which the warrant is sought. 28 (3) The authorised officer may apply for the special warrant before the 29 application is sworn. 30

s 753 266 s 753 Water (4) After issuing the special warrant, the magistrate must promptly fax a 1 copy (a "facsimile warrant") to the authorised officer if it is reasonably 2 practicable to fax the copy. 3 (5) If it is not reasonably practicable to fax a copy to the authorised 4 officer-- 5 (a) the magistrate must tell the authorised officer-- 6 (i) what the terms of the special warrant are; and 7 (ii) the date and time the special warrant is issued; and 8 (b) the authorised officer must complete a form of warrant (a 9 "warrant form") and write on it-- 10 (i) the magistrate's name; and 11 (ii) the date and time the magistrate issued the special warrant; 12 and 13 (iii) the terms of the special warrant. 14 (6) The facsimile warrant, or the warrant form properly completed by the 15 authorised officer, authorises the entry and the exercise of the other powers 16 stated in the special warrant issued. 17 (7) The authorised officer must, at the first reasonable opportunity, send 18 to the magistrate-- 19 (a) the sworn application; and 20 (b) if the authorised officer completed a warrant form--the 21 completed warrant form. 22 (8) On receiving the documents, the magistrate must attach them to the 23 special warrant. 24 (9) A court must find the exercise of the power by an authorised officer 25 was not authorised by a special warrant if-- 26 (a) a matter arises in a proceeding before the court whether the 27 exercise of the power was authorised by a special warrant 28 mentioned in subsection (1); and 29 (b) the special warrant is not produced in evidence; and 30 (c) it is not proved by the person relying on the lawfulness of the 31 entry that the authorised officer obtained the special warrant. 32

s 754 267 s 755 Water before entry 1 Warrants--procedure 754.(1) This section applies if an authorised officer named in a special 2 warrant issued under this division for a place is intending to enter the place 3 under the warrant. 4 (2) Before entering the place, the authorised officer must do or make a 5 reasonable attempt to do the following things-- 6 (a) identify himself or herself to a person present at the place who is 7 an occupier of the place by producing the authorised officer's 8 identity card or a copy of another document evidencing the 9 authorised officer's appointment; 10 (b) give the person a copy of the warrant or, if the entry is authorised 11 by a facsimile warrant or warrant form mentioned in 12 section 753(6), a copy of the facsimile warrant or warrant form; 13 (c) tell the person the authorised officer is permitted by the warrant to 14 enter the place; 15 (d) give the person an opportunity to allow the authorised officer 16 immediate entry to the place without using force. 17 (3) However, the authorised officer need not comply with subsection (2) 18 if the authorised officer believes on reasonable grounds that immediate entry 19 to the place is required to ensure the effective execution of the warrant is not 20 frustrated. 21 4--Powers of authorised officers after entering a place 22 Division powers after entering places 23 General 755.(1) This section applies to an authorised officer who enters a place 24 under division 2. 25 (2) However, if an authorised officer enters a place to get the occupier's 26 consent to enter the place, this section applies to the authorised officer only 27 if the consent is given or the entry is otherwise authorised. 28 (3) For monitoring or enforcing compliance with this Act, the authorised 29 officer may exercise 1 or more of the following powers-- 30 (a) search any part of the place; 31

s 756 268 s 756 Water (b) inspect, measure, test, photograph or film any part of the place or 1 anything at the place; 2 (c) take a thing, or a sample of or from a thing, at the place for 3 analysis or testing; 4 (d) copy a document at the place; 5 (e) regulate or prevent the taking of water or other resources under 6 this Act so as to comply with the quantity authorised to be taken 7 under this Act; 8 (f) take all steps and do all acts and things necessary for advancing 9 the purposes of this Act; 10 (g) take into or onto the place any person, equipment and materials 11 the authorised officer reasonably requires for the exercise of a 12 power under this division; 13 (h) require the occupier of the place, or a person at the place, to give 14 the authorised officer reasonable help to exercise the authorised 15 officer's powers under paragraphs (a) to (g); 16 (i) require the occupier of a place, or a person at the place, to give the 17 authorised officer information to help the authorised officer 18 ascertain whether the Act is being complied with. 19 (4) When making a requirement mentioned in subsection (3)(h) or (i), 20 the authorised officer must warn the person it is an offence to fail to comply 21 with the requirement, unless the person has a reasonable excuse. 22 to help authorised officer 23 Failure 756.(1) A person required to give reasonable help under 24 section 755(3)(h) must comply with the requirement, unless the person has 25 a reasonable excuse. 26 Maximum penalty--200 penalty units. 27 (2) If the requirement is to be complied with by an individual giving 28 information, or producing a document, it is a reasonable excuse for the 29 individual not to comply with the requirement that complying with the 30 requirement might tend to incriminate the individual. 31

s 757 269 s 759 Water to give information 1 Failure 757.(1) A person of whom a requirement is made under 2 section 755(3)(i) must comply with the requirement, unless the person has a 3 reasonable excuse. 4 Maximum penalty--200 penalty units. 5 (2) It is a reasonable excuse for an individual not to comply with the 6 requirement that complying with the requirement might tend to incriminate 7 the individual. 8 5--Power to obtain information 9 Division to require name and address 10 Power 758.(1) This section applies if-- 11 (a) an authorised officer finds a person committing an offence against 12 this Act; or 13 (b) an authorised officer finds a person in circumstances that lead, or 14 has information that leads, the authorised officer to reasonably 15 believe the person has just committed an offence against this Act. 16 (2) The authorised officer may require the person to state the person's 17 name and residential address. 18 (3) When making the requirement, the authorised officer must warn the 19 person it is an offence to fail to state the person's name or residential 20 address, unless the person has a reasonable excuse. 21 (4) The authorised officer may require the person to give evidence of the 22 correctness of the stated name or residential address if the authorised officer 23 reasonably suspects the stated name or address to be false. 24 to give name or address 25 Failure 759.(1) A person of whom a requirement under section 758 is made 26 must comply with the requirement, unless the person has a reasonable 27 excuse. 28 Maximum penalty--50 penalty units. 29

s 760 270 s 761 Water (2) A person does not commit an offence against subsection (1) if-- 1 (a) the person was required to state the person's name and residential 2 address by an authorised officer who suspected the person had 3 committed an offence against this Act; and 4 (b) the person is not proved to have committed the offence. 5 to require production of documents 6 Power 760.(1) An authorised officer may require a person to make available for 7 inspection by an authorised officer, or produce to the authorised officer for 8 inspection, at a reasonable time and place nominated by the authorised 9 officer-- 10 (a) a document given to the person under this Act; or 11 (b) a document required to be kept by the person under this Act. 12 (2) The authorised officer may keep the document to copy it. 13 (3) If the authorised officer copies a document mentioned in 14 subsection (1)(b), or an entry in the document, the authorised officer may 15 require the person responsible for keeping the document to certify the copy 16 as a true copy of the document or entry. 17 (4) The authorised officer must return the document to the person as 18 soon as practicable after copying it. 19 (5) However, if a requirement (a "document certification 20 requirement") is made of a person under subsection (3), the authorised 21 officer may keep the document until the person complies with the 22 requirement. 23 (6) A requirement under subsection (1) is called a "document 24 production requirement". 25 to certify copy of document 26 Failure 761. A person of whom a document certification requirement is made 27 must comply with the requirement, unless the person has a reasonable 28 excuse. 29 Maximum penalty--200 penalty units. 30

s 762 271 s 764 Water to produce document 1 Failure 762.(1) A person of whom a document production requirement is made 2 must comply with the requirement, unless the person has a reasonable 3 excuse. 4 Maximum penalty--200 penalty units. 5 (2) It is a reasonable excuse for an individual not to comply with a 6 document production requirement if complying with the requirement might 7 tend to incriminate the individual. 8 to require information 9 Power 763.(1) This section applies if an authorised officer reasonably believes-- 10 (a) an offence against this Act has been committed; and 11 (b) a person may be able to give information about the offence. 12 (2) The authorised officer may, by notice given to the person, require the 13 person to give information about the offence to the authorised officer at a 14 stated reasonable place and at a stated reasonable time. 15 (3) The person must comply with the notice, unless the person has a 16 reasonable excuse. 17 Maximum penalty--200 penalty units. 18 (4) It is a reasonable excuse for an individual to fail to give information if 19 giving the information might tend to incriminate the individual. 20 6--Compensation for damage caused when exercising power 21 Division notice of damage 22 Giving 764.(1) This section applies if-- 23 (a) an authorised officer damages property when exercising or 24 purporting to exercise a power; or 25 (b) a person (the "other person") acting under the direction or 26 authority of an authorised officer damages property. 27 (2) The authorised officer must immediately give notice of particulars of 28

s 765 272 s 765 Water the damage to the person who appears to the authorised officer to be the 1 owner of the property. 2 (3) If the authorised officer believes the damage was caused by a latent 3 defect in the property or circumstances beyond the authorised officer's, or 4 other person's, control, the authorised officer may state the belief in the 5 notice. 6 (4) If, for any reason, it is impracticable to comply with subsection (2), 7 the authorised officer must leave the notice in a conspicuous position and in 8 a reasonably secure way where the damage happened. 9 (5) This section does not apply to damage the authorised officer 10 reasonably believes is trivial. 11 (6) In this section-- 12 "owner", of property, includes the person in possession or control of it. 13 for damage 14 Compensation 765.(1) A person may claim compensation from the State if the person 15 incurs loss or expense because of the exercise or purported exercise of a 16 power under division 2 or 4.27 17 (2) Without limiting subsection (1), compensation may be claimed for 18 loss or expense incurred in complying with a requirement made of the 19 person under the division. 20 (3) Compensation may be claimed and ordered to be paid in a 21 proceeding-- 22 (a) brought in a court with jurisdiction for the recovery of the amount 23 of compensation claimed; or 24 (b) for an offence against this Act brought against the person 25 claiming compensation. 26 (4) A court may order compensation to be paid only if it is satisfied it is 27 just to make the order in the circumstances of the particular case. 28 27 Divisions 2 (Powers of entry of authorised officers) and 4 (Powers of authorised officers after entering a place)

s 766-777 273 s 779 Water numbers not used 1 Section 766-777. See footnote to section 1. 2 ART 2--ENFORCEMENT MATTERS 3 P 1--Show cause and compliance notices 4 Division regulator may give a show cause notice 5 When 778.(1) Subsection (2) applies if the regulator proposes to have a spot 6 audit conducted of a strategic asset management plan or to give a service 7 provider a compliance notice. 8 (2) The regulator must first give the service provider a notice (a "show 9 cause notice" ) inviting the service provider to show cause why the audit 10 should not be conducted or the compliance notice given. 11 requirements for show cause notices 12 General 779.(1) A show cause notice must state the following-- 13 (a) the proposed action; 14 (b) the grounds for the proposed action; 15 (c) the facts and circumstances forming the basis for the grounds; 16 (d) that a submission may be made about the show cause notice; 17 (e) how the submission may be made; 18 (f) where the submission may be made or sent; 19 (g) a day and time within which the submission must be made. 20 (2) The day stated in the notice must be, or must end, at least 15 business 21 days after the notice is given. 22

s 780 274 s 781 Water may give a compliance notice 1 Who 780.(1) This section applies if the chief executive, regulator or an 2 authorised officer reasonably believes-- 3 (a) a person-- 4 (i) is contravening a provision of this Act; or 5 (ii) has contravened a provision of this Act in circumstances that 6 make it likely the contravention will continue or be repeated; 7 and 8 (b) a matter relating to the contravention is reasonably capable of 9 being rectified; and 10 (c) it is appropriate to give the person an opportunity to rectify the 11 matter. 12 (2) The chief executive, regulator or authorised officer may give the 13 person a notice (a "compliance notice" ) requiring the person to refrain 14 from doing an act or to rectify the matter. 15 (3) Subsection (4) applies if the giving of the compliance notice is for a 16 matter for which a show cause notice has been given by the regulator. 17 (4) The compliance notice may only be given if, after considering any 18 properly made submission by the service provider about the show cause 19 notice, the chief executive, regulator or authorised officer still believes it is 20 appropriate to give the compliance notice. 21 requirements for compliance notices 22 General 781.(1) The compliance notice must state-- 23 (a) that the chief executive, regulator or authorised officer believes the 24 person to whom the notice is to be given-- 25 (i) is contravening a provision of this Act; or 26 (ii) has contravened a provision of this Act in circumstances that 27 make it likely that the contravention will continue or be 28 repeated; and 29 (b) the provision the chief executive, regulator or authorised officer 30 believes is being, or has been, contravened; and 31

s 782 275 s 783 Water (c) briefly, how it is believed the provision is being, or has been 1 contravened; and 2 (d) the matter relating to the contravention that the chief executive, 3 regulator or authorised officer believes is reasonably capable of 4 being rectified; and 5 (e) the reasonable steps the person must take to rectify the matter; and 6 (f) that the person must take the steps within a stated reasonable 7 period; and 8 (g) if the notice is for a matter for which a show cause notice has 9 been given by the regulator--that if the notice is not complied 10 with the regulator may be authorised under section 955(2) to take 11 over the operation of the service provider's infrastructure; and 12 (h) that the person may appeal against the decision to give the notice 13 within 30 business days after the day the notice is given; and 14 (i) how the person may appeal. 15 (2) If a compliance notice requires the person to do an act involving the 16 carrying out of work, it also must give details of the work involved. 17 (3) If a compliance notice requires the person to refrain from doing an 18 act, it also must state either-- 19 (a) a period for which the requirement applies; or 20 (b) that the requirement applies until further notice. 21 with compliance notice 22 Compliance 782. The person must comply with the compliance notice, unless the 23 person has a reasonable excuse. 24 Maximum penalty--the number of penalty units that applies for the offence 25 to which the notice relates. 26 executive or regulator may take action and recover costs 27 Chief 783.(1) If the person contravenes the compliance notice by not doing 28 something, the chief executive or regulator may do the thing. 29

s 784 276 s 784 Water (2) Subsection (3) applies if-- 1 (a) under section 494(3), the notice is taken to be a compliance notice; 2 and 3 (b) the person to whom the notice is given has not complied with the 4 notice by the day stated in the notice. 5 (3) The chief executive may, instead of doing the thing under 6 subsection (1), take any action the chief executive reasonably believes is 7 necessary to prevent or minimise the impact of the failure of the dam. 8 (4) Any reasonable expenses incurred by the chief executive or regulator 9 in doing anything under subsection (1) or (3), may be recovered by the chief 10 executive or regulator as a debt due to it by the person. 11 Division 2--Enforcement orders 12 for orders 13 Proceeding 784.(1) Subject to subsections (2) and (3), a person may bring a 14 proceeding in the District Court for 1 or more of the following orders-- 15 (a) an order to remedy or restrain the commission of an offence 16 against this Act (an "enforcement order"); 17 (b) an order that a person who has committed an offence against this 18 Act pay damages to compensate the applicant for injury suffered 19 by the applicant or loss or damage to the applicant's property 20 because of the commission of the offence; 21 (c) if the person has brought a proceeding under paragraph (a) and 22 the court has not decided the proceeding--for an order under 23 section 934 (an "interim enforcement order"); 24 (d) to cancel or change an enforcement order or interim enforcement 25 order. 26 (2) If the order sought under subsection (1) is an offence against 27 chapter 3, parts 1 to 3, or section 821 or 956, the proceeding may be 28 brought only by the regulator. 29 (3) If the order sought under subsection (1) is an offence against 30 section 824, the proceeding may be brought only by the local government. 31

s 785 277 s 787 Water (4) If the order sought under subsection (1) is an offence against 1 chapter 3, part 4, division 4 or section 822 or 823, the proceeding may be 2 brought only by the regulator or the local government. 3 (5) The person may bring a proceeding under subsection (1)(a) whether 4 or not any right of the person has been, or may be, infringed by, or because 5 of, the commission of the offence. 6 brought in a representative capacity 7 Proceeding 785.(1) A proceeding under section 932(1) may be brought by the person 8 on their own behalf or in a representative capacity. 9 (2) However, if the proceeding is brought in a representative capacity, 10 1 of the following consents must be obtained-- 11 (a) if the proceeding is brought on behalf of a body of persons or a 12 corporation--the members of the governing body; 13 (b) if the proceeding is brought on behalf of an individual--the 14 individual. 15 interim enforcement order 16 Making 786.(1) The court may make an interim enforcement order pending a 17 decision of the proceeding if the court is satisfied it would be appropriate to 18 make the order. 19 (2) The court may make the order subject to conditions, including a 20 condition requiring the applicant for the order to give an undertaking to pay 21 costs resulting from damage suffered by the respondent. 22 for enforcement order without notice 23 Proceeding 787.(1) A person may bring a proceeding for an enforcement order 24 without notice to the other party. 25 (2) Without limiting the discretion of the court in the exercise of its 26 equitable jurisdiction, the court may, with or without conditions-- 27 (a) grant the order for a limited period stated in the order; or 28 (b) grant the order until the trial of the proceeding; or 29

s 788 278 s 788 Water (c) grant an order for a limited time prohibiting a person from leaving 1 Australia; or 2 (d) make another order. 3 4 Example of an injunction under subsection (2)(c)-- 5 This order may be used if the departure of the person would render a proceeding 6 useless, for example, because the person's departure would make it impossible to 7 have an enforcement hearing in relation to a judgment against the person and so 8 ascertain the location of the person's assets. Conditions imposed may, for 9 example, relate to payment of an amount, or surrendering a passport, to the court. enforcement order 10 Making 788.(1) The court may make an enforcement order if the court is satisfied 11 the offence-- 12 (a) has been committed; or 13 (b) will be committed unless restrained. 14 (2) If the court is satisfied the offence has been committed, the court may 15 make either or both of the following orders-- 16 (a) an enforcement order whether or not there has been a prosecution 17 for the offence; 18 (b) an order for exemplary damages. 19 (3) In considering whether to make an order for exemplary damages, the 20 court may consider-- 21 (a) any impact on water available to other water entitlement holders 22 and natural ecosystems, resulting, or likely to result, because of 23 the commission of the offence; and 24 (b) any effect on a watercourse, lake, spring, aquifer or water quality; 25 and 26 (c) any financial saving or other benefit the person who committed 27 the offence received or is likely to receive because of the 28 commission of the offence. 29 (4) If an order is made for exemplary damages, the amount of the 30 damages must be paid to the consolidated fund. 31

s 789 279 s 790 Water of orders 1 Effect 789.(1) An enforcement order or an interim enforcement order may 2 direct the respondent-- 3 (a) to stop an activity that constitutes, or will constitute, an offence 4 against this Act; or 5 (b) not to start an activity that will constitute an offence against this 6 Act; or 7 (c) to do anything required to stop committing an offence against this 8 Act; or 9 (d) to return anything to a condition as close as practicable to the 10 condition it was in immediately before an offence against this Act 11 was committed; or 12 (e) to do anything to comply with this Act. 13 (2) Without limiting the court's powers, the court may make an order 14 requiring the demolition, removal or modification of-- 15 (a) works for taking or interfering with water or other resources; or 16 (b) a referable dam. 17 (3) An enforcement order or an interim enforcement order-- 18 (a) may be in terms the court considers appropriate to secure 19 compliance with this Act; and 20 (b) must state the time by which the order is to be complied with. 21 powers about orders 22 Court's 790.(1) The court's power to make an enforcement order or interim 23 enforcement order to stop, or not to start, an activity may be exercised 24 whether or not-- 25 (a) it appears to the court the person against whom the order is made 26 intends to engage, or to continue to engage, in the activity; or 27 (b) the person has previously engaged in an activity of the kind; or 28 (c) there is danger of substantial damage to natural ecosystems or 29 property or injury to another person if the person engages, or 30

s 791 280 s 792 Water continues to engage, in the activity; or 1 (d) there is risk of failure of a referable dam. 2 (2) The court's power to make an enforcement order or interim 3 enforcement order to do anything may be exercised whether or not-- 4 (a) it appears to the court the person against whom the order is made 5 intends to fail, or to continue to fail, to do the thing; or 6 (b) the person has previously failed to do a thing of the kind; or 7 (c) there is danger of substantial damage to property or injury to 8 another person if the person fails, or continues to fail, to do the 9 thing; or 10 (d) there is risk of failure of a referable dam. 11 (3) The court may cancel or change an enforcement order or interim 12 enforcement order. 13 (4) The court's powers under this section are in addition to its other 14 powers. 15 to cost of bringing proceeding 16 Contributing 791. If the proceeding is brought in a representative capacity, the person 17 on whose behalf the proceeding is brought may contribute to, or pay, the 18 legal costs and expenses incurred by the person bringing the proceeding. 19 Division 3--Costs for proceedings under division 2 20 to pay own costs for proceedings 21 Parties 792.(1) Each party to a proceeding in a court under division 2 must bear 22 the party's own costs for the proceeding. 23 (2) However, the court may order costs for the proceeding, including 24 allowances to witnesses attending for giving evidence at the proceeding, as it 25 considers appropriate in the following circumstances-- 26 (a) the court considers the proceeding was started merely to delay or 27 obstruct; 28

s 793-807 281 s 808 Water (b) the court considers the proceeding, or part of the proceeding, to 1 have been frivolous or vexatious; 2 (c) a party has not been given reasonable notice of intention to apply 3 for an adjournment of the proceeding; 4 (d) a party has incurred costs because the party is required to apply 5 for an adjournment because of the conduct of another party; 6 (e) a party has incurred costs because another party has defaulted in 7 the court's procedural requirements; 8 (f) without limiting paragraph (d), a party has incurred costs because 9 another party has introduced, or sought to introduce, new 10 material; 11 (g) a party to the proceeding does not properly discharge its 12 responsibilities in the proceedings. 13 (3) If a party has suffered loss or damage as a result of the actions of 14 another party to the proceeding, the court may, in addition to an order made 15 under subsection (2), require the other party to pay to the first party an 16 amount as compensation for the loss or damage. 17 numbers not used 18 Section 793-807. See footnote to section 1. 19 PART 3--OFFENCES 20 1--Offences for chapter 2 21 Division taking, supplying or interfering with water 22 Unauthorised 808. A person must not take, supply or interfere with water under this 23 Act unless authorised under this Act to take, supply or interfere with the 24 water. 25 Maximum penalty--1 665 penalty units. 26

s 809 282 s 813 Water water contrary to water use plan 1 Using 809. A person must not use water in a water use plan area contrary to the 2 plan. 3 Maximum penalty--1 665 penalty units. 4 water contrary to approved land and water management plan 5 Using 810. If there is an approved land and water management plan for land, a 6 person must not use water on the land contrary to the plan. 7 Maximum penalty--1 665 penalty units. 8 with devices 9 Tampering 811.(1) A person must not tamper with a device used under this Act to 10 measure the volume of water taken, or the rate and time of taking, by a 11 person. 12 Maximum penalty--1 000 penalty units. 13 (2) A person must not tamper with a device installed by the chief 14 executive to monitor water. 15 Maximum penalty--1 000 penalty units. 16 conditions of water allocation, interim water allocation, 17 Contravening water licence or permit 18 812. The holder of a water allocation, interim water allocation, water 19 licence or water permit must not contravene a condition of the allocation, 20 licence or permit. 21 Maximum penalty--1 665 penalty units. 22 condition of resource operations licence, interim 23 Contravening resource operations licence or operations licence 24 813. A holder of a resource operations licence, an interim resource 25 operations licence or an operations licence must not contravene a condition 26

s 814 283 s 814 Water of the licence. 1 Maximum penalty--1 665 penalty units. 2 vegetation, excavating or placing fill without permit 3 Destroying 814.(1) A person must not do any of the following activities unless the 4 person has a permit under section 269 to carry out the activity-- 5 (a) destroy vegetation in a watercourse, lake or spring; 6 (b) excavate in a watercourse, lake or spring; 7 (c) place fill in a watercourse, lake or spring. 8 Maximum penalty--1 665 penalty units. 9 (2) Subsection (1) does not apply to-- 10 (a) the destruction of vegetation, excavation or placing of fill-- 11 (i) that is permitted or required, or happens as a necessary and 12 unavoidable part of some other activity that is permitted or 13 required, under a licence, permit, notice or other authority 14 under another section of this Act or under the Integrated 15 Planning Act 1997; or 16 (ii) that is permitted or required under the River Improvement 17 Trust Act 1940; or 18 (iii) that happens as a necessary and unavoidable part of 19 extracting quarry material or forest products under the 20 Forestry Act 1959; or 21 (iv) in a watercourse, lake or spring prescribed under a 22 regulation; or 23 (v) in a watercourse, lake or spring in an area prescribed under a 24 regulation; or 25 (vi) for the excavation or placing of fill--happening within the 26 quantity limits prescribed under a regulation; or 27 (vii) that is permitted under a regulation; or 28 (b) the destruction of vegetation-- 29 (i) that is required under a requisition under the Fire and 30

s 815 284 s 815 Water Rescue Authority Act 1990, section 69, for reducing the risk 1 of fire; or 2 (ii) that is permitted or required to be carried out under the 3 Electricity Act 1994 to prevent the obstruction of, or 4 interference with, an electric line or creation of an electrical 5 hazard; or 6 (iii) that happens as a necessary part of works carried out under 7 this Act, other than under a licence, permit or notice; or 8 (iv) that is regrowth, and does not consist of mulga or other 9 fodder trees--following the destruction under a permit given 10 under section 266 less than 2 years previously; or 11 (v) that has been lawfully planted for woodlot, fodder, 12 agriculture, forestry, garden or horticultural purposes; or 13 (vi) that is necessary to prevent personal injury or property 14 damage or to provide for emergency access. 15 (3) On the conviction of a person for an offence against subsection (1), 16 the court may order the person to pay to the State the cost of any remedial 17 work or rehabilitation necessary or desirable because of the commission of 18 the offence. 19 (4) Subsection (3) does not limit the court's power under the Penalties 20 and Sentences Act 1992 or another law. 21 quarry material 22 Removing 815.(1) A person must not remove quarry material without an allocation 23 notice. 24 Maximum penalty--1 665 penalty units. 25 (2) A person must not contravene the conditions of an allocation notice, 26 unless the person has a reasonable excuse. 27 Maximum penalty--1 665 penalty units. 28 (3) On a conviction for an offence under subsection (1), the court in 29 addition to imposing a penalty may order the offender pay to the chief 30 executive royalty at the rate prescribed under a regulation for the State 31 quarry material removed in contravention of subsection (1). 32

s 816 285 s 818 Water (4) Subsection (1) does not apply to a person who collects quarry 1 material while fossicking under a licence under the Fossicking Act 1994 if 2 the person does not collect more than 1 m3 of quarry material in a year. 3 water bore activities 4 Unauthorised 816.(1) An individual must not carry out any of the following activities 5 unless the individual is licensed under chapter 2, part 10 to carry out the 6 activity-- 7 (a) drill, deepen, enlarge or case a water bore; 8 (b) remove, replace, alter or repair the casing, lining or screen of a 9 water bore; 10 (c) decommission a water bore. 11 Maximum penalty--500 penalty units. 12 (2) Subsection (1) does not apply to an individual-- 13 (a) who is under the constant physical supervision of an individual 14 who is licensed under chapter 2, part 10; or 15 (b) carrying out an activity under the Petroleum Act 1923 or the 16 Mineral Resources Act 1989 if the activity would not result in a 17 water bore being left as a functional bore for the supply of water 18 at the end of the activity. 19 requirements for mining and petroleum drilling 20 Contravening 817.(1) Subsection (2) applies to an individual mentioned in 21 section 816(2)(b) who is decommissioning a water bore. 22 (2) The individual, in carrying out the decommissioning, must comply 23 with the requirements prescribed under a regulation, unless the person has a 24 reasonable excuse. 25 Maximum penalty--500 penalty units. 26 condition of water bore driller's licence 27 Contravening 818. A holder of a water bore driller's licence must not-- 28

s 819 286 s 821 Water (a) contravene a condition of the licence; or 1 (b) carry out a water bore drilling activity-- 2 (i) of a class for which the holder is not licensed; or 3 (ii) with equipment for which the holder does not have 4 endorsement. 5 Maximum penalty--500 penalty units. 6 or misleading advertising 7 False 819. A person must not, in relation to water bore drilling activities-- 8 (a) advertise in a way that is false or misleading in a material 9 particular; or 10 (b) advertise or hold himself or herself out as willing to undertake 11 water bore drilling activities of a kind for which the person is not 12 licensed. 13 Maximum penalty--500 penalty units. 14 water without operations licence 15 Taking 820. A person must not, as a single operation, take water as an agent for 16 2 or more water entitlement holders under water allocations not managed 17 under a resource operations licence unless the person holds an operations 18 licence. 19 Maximum penalty--1 000 penalty units. 20 2--Offences for chapter 3 21 Division unauthorised services 22 Supplying 821. A person must not supply a sewerage or water service unless the 23 person is-- 24 (a) a service provider for the service; or 25

s 822 287 s 824 Water (b) operating infrastructure for the service provider for the service. 1 Maximum penalty--1 000 penalty units. 2 to service provider's infrastructure without approval 3 Connecting 822. A person must not, without the written consent of a service 4 provider, connect to the service provider's infrastructure. 5 Maximum penalty--1 000 penalty units. 6 with service provider's infrastructure 7 Interfering 823. A person must not, without the written consent of a service 8 provider, interfere with a service provider's infrastructure. 9 Maximum penalty--1 000 penalty units. 10 certain materials 11 Discharging 824.(1) A person must not discharge trade waste into a local 12 government's infrastructure, without the approval of the local government 13 under section 469. 14 Maximum penalty--1 000 penalty units. 15 (2) A person must not discharge trade waste into a service provider's 16 infrastructure without the written consent of the service provider. 17 Maximum penalty--1 000 penalty units. 18 (3) A service provider must not discharge trade waste into a local 19 government's infrastructure without the approval of the local government 20 under section 469. 21 Maximum penalty--1 000 penalty units. 22 (4) A person must not discharge a prohibited substance into a service 23 provider's infrastructure. 24 Maximum penalty--1 000 penalty units. 25 (5) A person in a service area must discharge all human and liquid waste 26 from fixtures or appliances on the person's premises into the service 27

s 825 288 s 827 Water provider's infrastructure. 1 Maximum penalty--500 penalty units. 2 Division 3--General offences 3 or misleading statements 4 False 825.(1) A person must not state anything to an authorised officer that the 5 person knows is false or misleading in a material particular. 6 Maximum penalty--500 penalty units. 7 (2) In a proceeding for an offence against subsection (1), it is enough to 8 state that the statement made was, without specifying which, `false or 9 misleading'. 10 or misleading documents 11 False 826.(1) A person must not give an authorised officer a document 12 containing information that the person knows is false or misleading in a 13 material particular. 14 Maximum penalty--500 penalty units. 15 (2) Subsection (1) does not apply to a person if the person, when giving 16 the document-- 17 (a) tells the authorised officer, to the best of the person's ability, how 18 it is false or misleading; and 19 (b) if the person has, or can reasonably obtain, the correct 20 information--gives the correct information. 21 (3) In a proceeding for an offence against subsection (1), it is enough to 22 state that the document was, without specifying which, `false or 23 misleading'. 24 and impersonating authorised officers 25 Obstructing 827.(1) A person must not obstruct an authorised officer in the exercise 26 of a power, unless the person has a reasonable excuse. 27

s 828 289 s 828 Water Maximum penalty--500 penalty units. 1 (2) If a person has obstructed an authorised officer and the authorised 2 officer decides to proceed with the exercise of the power, the authorised 3 officer must warn the person that-- 4 (a) it is an offence to obstruct the authorised officer, unless the person 5 has a reasonable excuse; and 6 (b) the authorised officer considers the person's conduct an 7 obstruction. 8 (3) A person must not pretend to be an authorised officer. 9 Maximum penalty--200 penalty units. 10 (4) In this section-- 11 "obstruct" includes assault, hinder and threaten, and attempt to obstruct. 12 officers must ensure corporation complies with Act 13 Executive 828.(1) The executive officers of a corporation must ensure the 14 corporation complies with this Act. 15 (2) If a corporation commits an offence against a provision of this Act, 16 each of the corporation's executive officers also commits an offence, 17 namely, the offence of failing to ensure that the corporation complies with 18 the provision. 19 Maximum penalty--the penalty for the contravention of the provision by an 20 individual. 21 (3) Evidence that the corporation has been convicted of an offence against 22 a provision of this Act is evidence that each of the executive officers 23 committed the offence of failing to ensure that the corporation complies 24 with the provision. 25 (4) However, it is a defence for an executive officer to prove-- 26 (a) if the officer was in a position to influence the conduct of the 27 corporation in relation to the offence--the officer exercised 28 reasonable diligence to ensure the corporation complied with the 29 provision; or 30

s 829-850 290 s 852-860 Water (b) the officer was not in a position to influence the conduct of the 1 corporation in relation to the offence. 2 numbers not used 3 Section 829-850. See footnote to section 1. 4 HAPTER 6--REVIEWS, APPEALS AND 5 C ARBITRATION 6 PART 1--INTERPRETATION 7 is an interested person 8 Who 851.(1) In this part, a person who has been given an information notice 9 or a compliance notice by the chief executive is an "interested person". 10 (2) However, if the decision or action for which the notice was given is in 11 relation to a water resource plan or a resource operations plan, the interested 12 person may only appeal to the extent the decision is inconsistent with the 13 plan. 14 (3) In this part, a person who has been given an information notice or a 15 compliance notice by the regulator is also an "interested person". 16 (4) In this part, a rate payer or customer of a category 2 water authority 17 who is dissatisfied with the authority's decision about a rate or charge made 18 and levied on the customer or ratepayer is an "interested person". 19 (5) The decision or action for which a notice was given under 20 subsection (1) or (3) or the decision mentioned in subsection (4) is an 21 "original decision". 22 numbers not used 23 Section 852-860. See footnote to section 1. 24

s 861 291 s 863 Water PART 2--INTERNAL REVIEW OF DECISIONS 1 process starts with internal review 2 Appeal 861. Every appeal against an original decision must be, in the first 3 instance, by way of an application for internal review. 4 may apply for internal review 5 Who 862.(1) An interested person, may apply for a review (an "internal 6 review") of an original decision mentioned in-- 7 (a) section 851(1)--to the chief executive (the "reviewer"); or 8 (b) section 851(3)--to the regulator (also the "reviewer"); or 9 (c) section 851(4)--to the chief executive officer of the category 2 10 water authority (also the "reviewer"). 11 (2) The application must be-- 12 (a) in the approved form; and 13 (b) supported by enough information to enable the reviewer to decide 14 the application. 15 for an internal review 16 Applying 863.(1) The application must be made within 30 business days after-- 17 (a) if the person is given an information notice about the 18 decision--the day the person is given the information notice; or 19 (b) if paragraph (a) does not apply and notice of the decision is 20 published--the day notice of the decision is published. 21 (2) The reviewer may extend the time for applying for an internal review. 22 (3) On or before making the application, the applicant must send the 23 following documents to any other person who was given notice of the 24 original decision-- 25 (a) notice of the application (the "submitter notice"); 26 (b) a copy of the application and supporting documents. 27

s 864 292 s 864 Water (4) The submitter notice must inform the recipient that written 1 submissions on the application may be made to the reviewer within 2 5 business days after the application is made to the reviewer. 3 (5) The application does not stay the original decision. 4 (6) The application must not be dealt with by-- 5 (a) the person who made the original decision; or 6 (b) a person in a less senior office than the person who made the 7 original decision. 8 (7) Subsection (6)-- 9 (a) applies despite the Acts Interpretation Act 1954, section 27A;28 10 and 11 (b) does not apply to an original decision made by the chief executive; 12 and 13 (c) does not apply to an original decision made by a reviewer who is 14 a category 2 water authority. 15 decision 16 Review 864.(1) If the reviewer is satisfied the applicant has complied with 17 section 863(3) and (4), if applicable, the reviewer must, within 20 business 18 days after receiving the application-- 19 (a) review the original decision; and 20 (b) consider any properly made submissions by a recipient of the 21 submitter notice; and 22 (c) make a decision (the "review decision") to-- 23 (i) confirm the original decision; or 24 (ii) amend the original decision; or 25 (iii) substitute another decision for the original decision. 26 (2) Within 10 business days after making the review decision, the 27 reviewer must give the applicant and any person who was given notice of 28 28 Acts Interpretation Act 1954, Section 27A (Delegation of powers)

s 864 293 s 864 Water the original decision notice (the "review notice") of the review decision. 1 (3) If the review decision is not the decision sought by the applicant, the 2 review notice must also state-- 3 (a) the reasons for the review decision; and 4 (b) that the applicant may, within 30 business days after the applicant 5 is given the notice-- 6 (i) for a decision or action mentioned in section 851(3), other 7 than a decision or action mentioned in 8 subparagraph (iv)--apply for arbitration on the review 9 decision under part 4; and 10 (ii) for a decision or action about a water bore driller's 11 licence--appeal against the review decision to the 12 Magistrates Court; and 13 (iii) for a decision or action mentioned in section 851(1) or (4), 14 other than a decision or action mentioned in 15 subparagraph (ii)--appeal against the review decision to the 16 Land Court; and 17 (iv) for a decision or action mentioned in section 489, 490 18 or 492--appeal against the review decision to the Planning 19 and Environment Court; and 20 (c) how to appeal; and 21 (d) that the applicant may apply to the court mentioned in 22 paragraph (b)(ii), (iii) or (iv) for a stay of the review decision. 23 (4) If the reviewer does not comply with subsection (1) or (2), the 24 reviewer is taken to have made a decision confirming the original decision. 25 (5) If the review decision confirms the original decision, for the purpose 26 of arbitration or an appeal to a court, the original decision is taken to be the 27 review decision. 28 (6) If the review decision amends the original decision, for the purpose of 29 arbitration or an appeal to a court, the original decision as amended is taken 30 to be the review decision. 31

s 865 294 s 866-876 Water of operation of original decision 1 Stay 865.(1) If an application is made for an internal review of an original 2 decision, the applicant may immediately apply for a stay of the original 3 decision to-- 4 (a) if the applicant has applied for arbitration--a court of competent 5 jurisdiction; and 6 (b) if the applicant has appealed to the Magistrates Court--the 7 Magistrates Court; and 8 (c) if the applicant has appealed to the Land Court--the Land Court; 9 and 10 (d) if the applicant has appealed to the Planning and Environment 11 Court--the Planning and Environment Court. 12 (2) The court may stay the original decision to secure the effectiveness of 13 the review and-- 14 (a) if the applicant has applied for arbitration--the arbitration; or 15 (b) if the applicant has appealed to a court--a later appeal to the court. 16 (3) The stay-- 17 (a) may be given on conditions the court considers appropriate; and 18 (b) operates for the period fixed by the court; and 19 (c) may be revoked or amended by the court. 20 (4) The period of the stay must not extend past the time when the 21 reviewer makes a review decision about the original decision and any later 22 period the court allows the applicant to enable the applicant to-- 23 (a) seek arbitration on the review decision; or 24 (b) appeal against the review decision. 25 (5) The application affects the original decision, or carrying out of the 26 decision, only if the decision is stayed. 27 numbers not used 28 Section 866-876. See footnote to section 1. 29

s 877 295 s 879 Water ART 3--APPEALS 1 P may appeal 2 Who 877.(1) If an interested person has applied for a review of an original 3 decision, any interested person for the original decision may appeal against 4 the review decision to-- 5 (a) if the review decision was about an original decision or action 6 about a water bore driller's licence--the Magistrates Court; and 7 (b) if the review decision was about an original decision or action 8 mentioned in section 851(1) or (4), other than a decision 9 mentioned in paragraph (a)--the Land Court; and 10 (c) if the review decision was about an original decision or action 11 mentioned in section 489, 490 or 492--the Planning and 12 Environment Court. 13 (2) The Magistrates Court that has jurisdiction to hear the appeal is the 14 court exercising jurisdiction at or nearest the place of the activity, proposed 15 activity or land concerned. 16 an appeal 17 Starting 878.(1) An appeal is started by-- 18 (a) filing a notice of appeal with the court; and 19 (b) complying with rules of court applicable to the appeal. 20 (2) The notice of appeal must be filed within 30 business days after the 21 day the appellant receives notice of the decision or the decision is taken to 22 have been made. 23 (3) The court may extend the period for filing the notice of appeal. 24 operation of review decision 25 Staying 879.(1) The appellant may apply to the court to which the appellant could 26 have applied for a stay of an original decision for a stay of the operation of 27 the review decision to secure the effectiveness of the arbitration or appeal. 28

s 880 296 s 882 Water (2) The court may grant a stay of the operation of the review decision to 1 secure the effectiveness of the arbitration or appeal. 2 (3) The stay-- 3 (a) may be given on conditions the court considers appropriate; and 4 (b) operates for the period fixed by the court; and 5 (c) may be revoked or amended by the court. 6 (4) The period of the stay must not extend past the time when the 7 arbitration is determined or the court decides the appeal. 8 (5) The appeal affects the review decision, or carrying out of the decision, 9 only if the decision is stayed. 10 procedures 11 Hearing 880.(1) The procedure for an appeal must be in accordance with the rules 12 of court applicable to the appeal or, if the rules make no provision or 13 insufficient provision, in accordance with directions of the judge. 14 (2) An appeal is by way of rehearing, unaffected by the reviewer's 15 decision. 16 ssessors 17 A 881. If the judge or member hearing an appeal is satisfied the appeal 18 involves a question of special knowledge and skill, the judge or member 19 may appoint 1 or more assessors to help the judge or member in deciding 20 the appeal. 21 of court on appeal 22 Powers 882.(1) In deciding an appeal, the court may-- 23 (a) confirm the review decision; or 24 (b) set aside the review decision; or 25 (c) amend the review decision in the way the court considers 26 appropriate; or 27 (d) send the matter back to the reviewer and give the directions the 28

s 883-890 297 s 891 Water court considers appropriate; or 1 (e) set aside the review decision and substitute it with a decision the 2 court considers appropriate. 3 (2) If the court amends the review decision or substitutes another 4 decision for the review decision, the amended or substituted decision is, for 5 this Act (other than this part) taken to be the reviewer's decision. 6 (3) The court may order an appellant in proceedings under this section-- 7 (a) to provide security for the payment of costs that may be awarded 8 against the appellant if the appeal is dismissed; or 9 (b) to give an undertaking as to the payment of any amount that may 10 be awarded against the appellant under subsection (5). 11 (4) Subsection (5) applies if, on an appeal under this section, the court is 12 satisfied-- 13 (a) that a person has suffered loss or damage as a result of the appeal; 14 and 15 (b) that in the circumstances it is appropriate to make an order under 16 this provision. 17 (5) The court may, on the application of the person (and in addition to 18 any order as to costs), require the appellant to pay to the person an amount, 19 determined by the court, to compensate the person for the loss or damage 20 suffered by the person. 21 numbers not used 22 Section 883-890. See footnote to section 1. 23 PART 4--ARBITRATION 24 may apply for arbitration 25 Who 891.(1) Subsection (2) applies to a review decision about an original 26 decision mentioned in section 851(3), other than a decision under 27

s 892 298 s 895 Water section 489, 490 or 492. 1 (2) An interested person who applied for the review decision and is 2 dissatisfied with the decision may give the authority under the Queensland 3 Competition Authority Act 1997 a notice (a "dispute notice") applying for 4 arbitration on the decision. 5 (3) The dispute notice must-- 6 (a) be given within 30 business days after the day the interested 7 person receives notice of the decision or the decision is taken to 8 have been made; and 9 (b) state-- 10 (i) the name and address of the interested person; and 11 (ii) details of the review decision and the grounds on which 12 arbitration is sought. 13 (4) The interested person must, at the same time, give a copy of the 14 dispute notice to the regulator. 15 dispute notice 16 Acknowledging 892. On receiving the dispute notice, the authority must give the 17 interested person and the regulator a notice acknowledging receipt of the 18 dispute notice. 19 dispute notice 20 Withdrawing 893. The interested person may withdraw the dispute notice at any time 21 before the authority makes its determination on the dispute. 22 to arbitration 23 Parties 894. The parties to the arbitration are the interested person and the 24 regulator. 25 by authority 26 Determination 895.(1) The authority must make a written determination in an arbitration 27

s 896 299 s 919 Water on the dispute. 1 (2) When making the determination, the authority must give the parties 2 its reasons for making the determination. 3 (3) However, the authority is not required to make a determination if it 4 ends the arbitration and the authority is satisfied-- 5 (a) the giving of the dispute notice was vexatious; or 6 (b) the subject matter of the dispute is trivial, misconceived or lacking 7 in substance. 8 of arbitration 9 Conduct 896. The Queensland Competition Authority Act 1997, part 7 applies to 10 the arbitration. 11 numbers not used 12 Section 897-917. See footnote to section 1. 13 HAPTER 7--LEGAL PROCEEDINGS 14 C PART 1--EVIDENCE 15 of pt 1 16 Application 918. This part applies to a proceeding under this Act. 17 and authority 18 Appointments 919. It is not necessary to prove-- 19 (a) the chief executive's appointment; or 20 (b) the regulator's appointment; or 21 (c) an authorised officer's appointment; or 22

s 920 300 s 921-930 Water (d) the authority of the chief executive, regulator or an authorised 1 officer to do anything under this Act. 2 aids 3 Evidentiary 920.(1) A certificate purporting to be signed by the chief executive or 4 regulator stating any of the following matters is evidence of the matter-- 5 (a) a stated document is 1 of the following things made, given, 6 granted or kept under this Act-- 7 (i) an appointment; 8 (ii) an authority or licence; 9 (iii) a decision; 10 (iv) a notice, direction or requirement; 11 (b) a stated document is a copy of a thing mentioned in paragraph (a); 12 (c) on a stated day, or during a stated period, a stated person was or 13 was not an authority holder; 14 (d) on a stated day, or during a stated period, an authority-- 15 (i) was or was not in force; or 16 (ii) was or was not subject to a stated condition; or 17 (iii) was or was not cancelled; 18 (e) on a stated day, or during a stated period, a person's appointment 19 as an authorised officer was, or was not, in force; 20 (f) on a stated day, a stated person was given a stated notice under 21 this Act; 22 (g) on a stated day, a stated requirement was made of a stated person. 23 (2) A statement in a complaint for an offence against this Act that the 24 matter of the complaint came to the knowledge of the complainant on a 25 stated day is evidence of the day it came to the complainant's knowledge. 26 numbers not used 27 Section 921-930. See footnote to section 1. 28

s 931 301 s 931 Water PART 2--PROCEEDINGS 1 for offences 2 Proceedings 931.(1) Subject to subsection (2), a proceeding for an offence by way of 3 a summary proceeding under the Justices Act 1886 must start within-- 4 (a) 1 year after the commission of the offence; or 5 (b) 1 year after the offence comes to the complainant's knowledge, 6 but not later than 2 years after the commission of the offence. 7 (2) A proceeding for a prescribed offence may, at the election of the 8 prosecution, be taken-- 9 (a) by way of summary proceedings under the Justices Act 1886; or 10 (b) on indictment. 11 (3) A proceeding must be before a magistrate if it is a proceeding-- 12 (a) with a view to the summary conviction of a person on a charge of 13 a prescribed offence; or 14 (b) for an examination of witnesses in relation to a charge for a 15 prescribed offence. 16 (4) However, if a proceeding for a prescribed offence is brought before a 17 justice who is not a magistrate, jurisdiction is limited to taking or making a 18 procedural action or order within the meaning of the Justices of the Peace 19 and Commissioners for Declarations Act 1991. 20 (5) If-- 21 (a) a person charged with a prescribed offence, in relation to which a 22 proceeding is taken by way of a summary proceeding, requests, at 23 the start of the proceeding, that the charge be prosecuted on 24 indictment; or 25 (b) the magistrate hearing and deciding a charge of a prescribed 26 offence is of the opinion that the charge ought to be prosecuted on 27 indictment; 28 the magistrate-- 29 (c) must not hear and decide the charge as a summary offence; but 30

s 932 302 s 933 Water (d) must proceed by way of an examination of witnesses in relation 1 to an indictable offence. 2 (6) If a magistrate acts under subsection (5)-- 3 (a) any plea of the person charged, made at the start of the 4 proceeding, must be disregarded; and 5 (b) any evidence brought in the proceeding before the magistrate 6 decided to act under subsection (5) is taken to be evidence in the 7 proceeding with a view to the committal of the person for trial or 8 sentence; and 9 (c) before committing the person for trial or sentence the magistrate 10 must make a statement to the person in accordance with the 11 Justices Act 1886, section 104(2)(b). 12 (7) The maximum penalty that may be imposed on a summary 13 conviction of a prescribed offence is 100 penalty units or imprisonment for 14 1 year. 15 for offences 16 Proceedings 932.(1) Proceedings may only be brought by the Attorney-General or 17 regulator for an offence against chapter 3, parts 1 to 3 or section 821 or 956. 18 (2) Proceedings may only be brought by the Attorney-General or a local 19 government for an offence against section 824. 20 (3) Proceedings may only be brought by the Attorney-General, the 21 regulator or a local government for an offence against chapter 3, part 4, 22 division 4 or section 822 or 823. 23 (4) This section applies despite section 931(1). 24 brought in a representative capacity 25 Proceeding 933.(1) A proceeding under section 932(1) may be brought by the person 26 on their own behalf or in a representative capacity. 27 (2) However, if the proceeding is brought in a representative 28 capacity, 1 of the following consents must be obtained-- 29 (a) if the proceeding is brought on behalf of a body of persons or a 30

s 934 303 s 934 Water corporation--the members of the governing body; 1 (b) if the proceeding is brought on behalf of an individual--the 2 individual. 3 Court may make orders 4 Magistrates 934.(1) After hearing the complaint, the Magistrates Court may make an 5 order on the defendant it considers appropriate. 6 (2) The order may be made in addition to, or in substitution for, any 7 penalty the court may otherwise impose. 8 (3) The order may require the defendant to-- 9 (a) demolish, remove or modify a work that takes or interferes with 10 water or other resources; or 11 (b) to do or not to do another act in relation to failure impact 12 assessment; or 13 (c) pay an amount by way of damages to the complainant for injuries 14 suffered by the complainant as the result of the defendant 15 committing an offence against this Act. 16 (4) The order must state the time, or period, within which the order must 17 be complied with. 18 (5) A person who knowingly contravenes the order commits an offence 19 against this Act. 20 Maximum penalty--1 000 penalty units. 21 (6) If the order states that contravention of the order is a public nuisance, 22 the chief executive or the regulator may undertake any work necessary to 23 remove the nuisance. 24 (7) If the chief executive or the regulator carries out works under 25 subsection (6), the chief executive or the regulator may recover the 26 reasonable cost of the works as a debt due to the chief executive or the 27 regulator from the person to whom the order was given. 28

s 935 304 s 937-954 Water involved in bringing proceeding 1 Costs 935. If the proceeding is brought in a representative capacity, the person 2 on whose behalf the proceeding is brought may contribute to, or pay, the 3 legal costs and expenses incurred by the person bringing the proceeding. 4 for acts or omissions of representatives 5 Responsibility 936.(1) This section applies in a proceeding for an offence against this 6 Act. 7 (2) If it is relevant to prove a person's state of mind about a particular act 8 or omission, it is enough to show-- 9 (a) the act was done or omitted to be done by a representative of the 10 person within the scope of the representative's actual or apparent 11 authority; and 12 (b) the representative had the state of mind. 13 (3) An act done or omitted to be done for a person by a representative of 14 the person within the scope of the representative's actual or apparent 15 authority is taken to have been done or omitted to be done also by the 16 person, unless the person proves the person could not, by the exercise of 17 reasonable diligence, have prevented the act or omission. 18 (4) In this section-- 19 "representative" means-- 20 (a) for a corporation--an executive officer, employee or agent of the 21 corporation; or 22 (b) for an individual--an employee or agent of the individual. 23 "state of mind" of a person includes-- 24 (a) the person's knowledge, intention, opinion, belief or purpose; and 25 (b) the person's reasons for the intention, opinion, belief or purpose. 26 numbers not used 27 Section 937-954. See footnote to section 1. 28

s 955 305 s 956 Water HAPTER 8--MISCELLANEOUS 1 C ART 1--APPOINTMENT OF ADMINISTRATOR 2 P in Council may appoint administrator to operate 3 Governor infrastructure 4 955.(1) This section applies if-- 5 (a) the Minister is satisfied, or reasonably believes-- 6 (i) a service provider has not complied with a compliance notice 7 given by the regulator under section 780; or 8 (ii) a service provider is likely to stop supplying a registered 9 service and there is no other entity willing to take over the 10 operation of all or part of the service provider's infrastructure 11 for the service; or 12 (b) the chief executive has cancelled a resource operations licence or 13 interim resource operations licence. 14 (2) The Governor in Council may, by gazette notice, authorise a 15 following person (the "administrator") to operate the infrastructure-- 16 (a) if the appointment is being made for subsection (1)(a)--the 17 regulator; or 18 (b) if the appointment is being made for subsection (1)(b)--the chief 19 executive or any other person who has the necessary experience 20 or qualifications to operate the infrastructure. 21 (3) The appointment has effect from the day the notice is published until 22 the day a further notice withdrawing the appointment is published in the 23 gazette. 24 (4) The appointment may deal with any matter necessary or convenient to 25 help the administrator operate the infrastructure. 26 of administrator operating infrastructure 27 Effect 956.(1) If the administrator is authorised under section 955 to operate 28 infrastructure, the infrastructure may be operated by the administrator or 29

s 957 306 s 957 Water another person (the "operator") appointed by the administrator. 1 (2) The administrator and operator may do all things necessary or 2 convenient to ensure the effective operation of the infrastructure. 3 (3) A person in possession of premises on which the infrastructure 4 operates must give the administrator and operator access to the premises to 5 enable operation of the infrastructure. 6 Maximum penalty--500 penalty units. 7 (4) A person in possession of premises must not take action, or refuse to 8 take action, if the taking or refusal, has the effect of preventing or hindering 9 the administrator or operator from operating the infrastructure. 10 Maximum penalty--1 665 penalty units. 11 (5) Subsections (3) and (4) do not apply to an act done, or omission 12 made, during or relating to industrial action as defined under the Industrial 13 Relations Act 1999. 14 (6) The service provider or former holder of the resource operations 15 licence or interim resource operations licence is liable for the administrator's 16 reasonable costs of-- 17 (a) operating the infrastructure; and 18 (b) repairing, replacing or improving the infrastructure. 19 (7) The administrator must pay to the service provider or former holder 20 any income received by the administrator from operating the infrastructure 21 less all costs mentioned in subsection (6). 22 of appointment of administrator 23 Effect 957.(1) This section applies if the administrator is authorised under 24 section 955(2) to operate a service provider's infrastructure. 25 (2) The registration of the service provider as a service provider is 26 suspended from the day the notice is published in the gazette under 27 section 955(2) until the further notice under section 955(3) is published. 28 (3) The administrator is taken to be the service provider for the period the 29 administrator's appointment under section 955(2) is effective. 30

s 958 307 s 967 Water appointment of administrator 1 Withdrawing 958.(1) The Governor in Council may, by gazette notice, withdraw an 2 authorisation given under section 955(2)(a). 3 (2) From the day the notice is published, the suspension of the service 4 provider's registration is removed. 5 numbers not used 6 Section 959-965. See footnote to section 1. 7 ART 2--RELATIONSHIP WITH INTEGRATED 8 P PLANNING ACT 1997 9 criteria for assessing development applications 10 Additional 966.(1) Subsection (2) applies if the chief executive is the assessment 11 manager or a referral agency for a development application under the 12 Integrated Planning Act 1997. 13 (2) The chief executive must assess the development application 14 against-- 15 (a) any criteria mentioned in this Act for the managing, taking or 16 interfering with water to which the development relates; and 17 (b) the purposes of this Act. 18 (3) Subsection (2) does not limit section 3.3.15 or chapter 3, part 5, 19 division 2 of the Integrated Planning Act 1997. 20 approval for development is subject to approval under this Act 21 IPA 967.(1) Subsection (2) applies if-- 22 (a) a person is entitled under this Act to take or interfere with water; 23 and 24 (b) a development permit under the Integrated Planning Act 1997 is 25

s 968 308 s 968 Water required for works associated with the taking or interfering. 1 (2) The person must not take or interfere with the water until the person 2 has obtained the development permit. 3 Maximum penalty--1 665 penalty units. 4 (3) The application for the development permit must be supported by 5 evidence of the entitlement or the written consent of the chief executive to 6 the application being made without the evidence of entitlement. 7 (4) Nothing in this section stops the chief executive from giving-- 8 (a) if the chief executive is the assessment manager for a 9 development application for the managing, taking or interfering 10 with water--an entitlement and a development permit at the same 11 time; and 12 (b) if the chief executive is a concurrence agency for a development 13 application for the managing, taking or interfering with water--a 14 concurrence agency response under the Integrated Planning Act 15 1997, section 3.3.2 at the same time as the chief executive gives 16 the entitlement. 17 executive may direct works to be modified or removed 18 Chief 968.(1) This section applies to works-- 19 (a) that are used, or could be used, for taking or interfering with 20 water; and 21 (b) for which a development application under the Integrated 22 Planning Act 1997 would be required if the works were to be 23 constructed at the time the show cause notice is given under 24 subsection (2). 25 (2) Despite the Integrated Planning Act 1997, the chief executive may 26 give any of the following persons a show cause notice as to why the person 27 should not be required to modify or remove the works-- 28 (a) a water entitlement holder under which the works are used for 29 taking or interfering with water; 30 (b) a person who has held a water entitlement under which the works 31 were used for taking or interfering with water; 32

s 969 309 s 970 Water (c) the owner of the land on which the works are situated. 1 (3) If, after considering any properly made submissions, the chief 2 executive is still satisfied the works should be modified or removed, the 3 chief executive may give the person a compliance notice requiring the 4 person to modify or remove the works. 5 (4) If a development permit has been given under the Integrated 6 Planning Act 1997 for the construction of the works, the permit is changed 7 to the extent of the requirement mentioned in subsection (3). 8 (5) If an appeal against the compliance notice is dismissed or the person 9 does not appeal against the notice, the person must comply with the notice, 10 unless the person has a reasonable excuse. 11 Maximum penalty--1 665 penalty units. 12 applications for the removal of quarry material 13 Development 969. A development application for the removal of quarry material must 14 be supported by-- 15 (a) evidence of an allocation notice granted to the applicant under 16 section 282; and 17 (b) if the land, the subject of the application, is land leased under the 18 Land Act 1994-- 19 (i) the written consent of the lessee of the land to arrangements 20 about the route the applicant may use across the lessee's land 21 for the removal of the quarry material; or 22 (ii) if the lessee and the applicant can not agree on 23 arrangements--the arrangements decided by a Magistrates 24 Court. 25 of quarry material is subject to IPA approval 26 Allocation 970.(1) An allocation notice authorises the allocation holder, during the 27 period for which the allocation notice is in force, to access quarry material. 28 (2) However, the holder must not remove any quarry material under the 29 allocation notice until the holder has obtained a development permit for the 30

s 971 310 s 984 Water removal.29 1 (3) Nothing in this section stops the chief executive from giving-- 2 (a) if the chief executive is the assessment manager for a 3 development application for the removal--an allocation notice and 4 a development permit at the same time; and 5 (b) if the chief executive is a concurrence agency for a development 6 application for the removal--a concurrence agency response 7 under the Integrated Planning Act 1997, section 3.3.2, at the same 8 time as the chief executive gives the allocation notice. 9 applications for referable dams 10 Development 971.(1) Subsection (2) applies if a person makes a development 11 application for the construction and maintenance of a referable dam. 12 (2) The development application must be supported by evidence that-- 13 (a) the chief executive has accepted a failure impact assessment of the 14 dam; and 15 (b) if the person is required to be a water entitlement holder to operate 16 the dam--the owner or operator of the dam is a water entitlement 17 holder for the dam. 18 numbers not used 19 Section 972-983. See footnote to section 1. 20 PART 3--COMPENSATION 21 for pt 3 22 Definitions 984. In this part-- 23 29 For quarrying in a watercourse or lake, see Environmental Protection Regulation 1998, section 63A.

s 985 311 s 987 Water "change", for a water allocation, means a change to a water resource plan 1 relating to the allocation. 2 "owner", of a water allocation, means a registered owner of the allocation at 3 the time a change to a water resource plan is made. 4 of pt 3 5 Application 985.(1) Compensation is not payable under this Act except as provided in 6 this part. 7 (2) Subsection (1) does not affect compensation that may be paid under 8 section 765. 9 for reduced value of entitlement to water 10 Compensation 986. An owner of a water allocation is entitled to be paid reasonable 11 compensation by the State if-- 12 (a) a change reduces the value of the allocation; and 13 (b) the change is made within 10 years after the water resource plan is 14 approved. 15 compensation for reduced value of entitlement to water 16 Limiting 987.(1) Despite section 986, compensation is not payable if the change 17 has the same effect as another statutory instrument, in respect of which 18 compensation is not payable. 19 (2) Also, compensation is not payable-- 20 (a) for a matter under this part if compensation has already been paid 21 for the matter to a previous owner of the authority to take water; 22 or 23 (b) for anything done in contravention of this Act. 24 (3) If a matter for which compensation is payable under this part is also a 25 matter for which compensation is payable under another Act, the claim for 26 the compensation must be made under the other Act. 27

s 988 312 s 991 Water limits for claiming compensation 1 Time 988. A claim for compensation under this part must be given to the chief 2 executive within 6 months after the day the approval of the plan or the 3 amendment of the plan reducing the value of the water allocation. 4 limits for deciding and advising on claims 5 Time 989.(1) The chief executive must decide each claim for compensation 6 within 60 business days after the day the claim is made. 7 (2) The chief executive must, within 10 business days after the day the 8 claim is decided-- 9 (a) give the claimant an information notice; and 10 (b) if the decision is to pay compensation--advise in the notice the 11 amount of the compensation to be paid. 12 claims for compensation 13 Deciding 990. In deciding a claim for compensation under this part, the chief 14 executive must-- 15 (a) grant the claim; or 16 (b) grant part of the claim and refuse the rest of the claim; or 17 (c) refuse the claim. 18 reasonable compensation involving changes 19 Calculating 991.(1) For compensation payable because of a change, reasonable 20 compensation is the difference between the market values, appropriately 21 adjusted having regard to the following matters, to the extent they are 22 relevant-- 23 (a) any benefit accruing to the claimant from the change, including, 24 but not limited to, the likelihood of improved water services; 25 (b) if the claimant has an authority to take water in addition to the 26 water allocation for which the claim is made, any benefit accruing 27 to the authority because of-- 28 (i) the change or any other change made before the claim for 29

s 992 313 s 1004 Water compensation was made; or 1 (ii) the construction of, or improvement to, infrastructure on the 2 watercourse, other than infrastructure funded by the 3 claimant, before the claim for compensation was made; 4 (c) the effect of any other changes to the water resource plan made 5 since the change. 6 (2) In this section-- 7 "difference between the market values" is the difference between the 8 market value of the water allocation immediately before the change 9 came into effect and the market value of the allocation immediately 10 after the change came into effect. 11 compensation is payable 12 When 992. If compensation is payable under this part, the compensation must 13 be paid within 30 business days after-- 14 (a) the last day an appeal could be made against the chief executive's 15 decision about the payment of compensation; or 16 (b) if an appeal is made--within 30 business days after the day the 17 appeal is decided. 18 numbers not used 19 Section 993-1003. See footnote to section 1. 20 ART 4--GENERAL PROVISIONS 21 P panels 22 Referral 1004.(1) The chief executive may, at any time after a draft resource 23 operations plan has been publicly notified, establish a referral panel to advise 24 on matters about the draft plan. 25 (2) The panel must consist of at least 3 individuals and has the functions 26

s 1005 314 s 1007 Water the chief executive decides. 1 (3) A member of the panel may be paid the fees and allowances decided 2 by the Governor in Council. 3 (4) The chief executive may make available to the panel the technical, 4 clerical, secretarial or other help the chief executive considers necessary for 5 the performance of its functions and the conduct generally of its affairs. 6 committees 7 Advisory 1005.(1) The Minister may establish as many advisory committees as the 8 Minister considers appropriate for the administration of this Act, including, 9 for example, for any of the following-- 10 (a) flood mitigation; 11 (b) referable dam safety; 12 (c) technical standards. 13 (2) An advisory committee has the functions the Minister decides. 14 (3) A member of an advisory committee may be paid the fees and 15 allowances decided by the Governor in Council. 16 (4) The chief executive may make available to an advisory committee the 17 technical, clerical, secretarial or other help the chief executive considers 18 necessary for the performance of its functions and the conduct generally of 19 its affairs. 20 about watercourses 21 Declarations 1006. A regulation may declare, by reference to a natural or artificial 22 feature or the boundary of a parcel of land, the downstream or upstream 23 limit, or both, of a watercourse. 24 to be kept by registrar of titles 25 Records 1007.(1) If land is declared under section 20(7), the chief executive must 26 give notice of the declaration to the registrar of titles. 27 (2) The registrar of titles must record the declaration in a way that a 28 search of the register kept by the registrar under any Act relating to the land 29

s 1008 315 s 1009 Water will show-- 1 (a) that the land has been declared under section 20(7); and 2 (b) the particulars stated in the declaration. 3 (3) If the chief executive gives an owner or operator of a dam a notice 4 under section 494(2) or (7), the chief executive must give a copy of the 5 notice to the registrar of titles. 6 (4) The registrar of titles must record the notice in a way that a search of 7 the register kept by the registrar under any Act relating to the land will show 8 that-- 9 (a) a notice has been given under section 494(2) or (7) for the land; 10 and 11 (b) particulars of the notice may be obtained from the chief executive. 12 of conversions of water allocations from stamp duty 13 Exemption 1008.(1) Subsection (2) applies to-- 14 (a) the conversion under section 121 of a water licence or an interim 15 water allocation to a water allocation; and 16 (b) an instrument giving effect to the conversion. 17 (2) Despite the Stamp Act 1894, stamp duty is not payable on the 18 conversion or instrument, to the extent the instrument relates to the 19 conversion. 20 from application of Freedom of Information Act 1992 21 Exemption 1009.(1) For section 11A of the Freedom of Information Act 1992, a 22 regulation may declare the activities of the GOC that are taken to be, or are 23 taken not to be, activities conducted on a commercial basis. 24 (2) The Freedom of Information Act 1992 does not apply to a document 25 received or brought into existence by the GOC in carrying out its excluded 26 activities. 27 (3) In this section-- 28 "community service obligations" has the same meaning as in the 29

s 1010 316 s 1010 Water Government Owned Corporations Act 1993. 1 "excluded activities" means-- 2 (a) activities conducted on a commercial basis; or 3 (b) community service obligations prescribed under the regulations. 4 "the GOC" means the GOC that was the commercialised business unit 5 known as State Water Projects in the department. 6 inspection and purchase of documents 7 Public 1010.(1) The chief executive or regulator must keep a copy of the 8 following documents available for inspection by the public during office 9 hours on business days at the head office, and at the appropriate regional 10 office, of the department-- 11 (a) each information report prepared under section 39; 12 (b) each overview report prepared under section 48; 13 (c) until a water resource plan is approved for a plan area--the draft 14 water resource plan publicly notified for the area under section 49; 15 (d) each approved water resource plan; 16 (e) each report prepared by the Minister under section 51; 17 (f) each periodic report for a water resource plan prepared under 18 section 53; 19 (g) until a resource operations plan is approved for a plan area--the 20 draft resource operations plan publicly notified for the area under 21 section 100; 22 (h) each approved resource operations plan; 23 (i) each resource operations licence; 24 (j) each interim resource operations licence; 25 (k) each interim water allocation; 26 (l) each water licence; 27 (m) each water permit, including seasonal water assignments; 28 (n) each permit issued under section 269; 29

s 1011 317 s 1011 Water (o) each allocation notice given to an applicant under section 283; 1 (p) each operations licence; 2 (q) each guideline for preparing a strategic asset management plan 3 under section 408; 4 (r) each guideline for preparing customer service standards under 5 section 425; 6 (s) each guideline for granting exemptions for small service 7 providers under section 425; 8 (t) each annual report prepared by the regulator. 9 (2) The chief executive may also keep a copy of a document mentioned 10 in subsection (1) available for inspection by the public at other places the 11 chief executive considers appropriate. 12 (3) A service provider must keep a copy of the following documents 13 available for inspection by the public during office hours on business days 14 at the office of the service provider-- 15 (a) each audit report prepared under section 417; 16 (b) each annual report prepared under section 430; 17 (c) each map of a service area prepared under section 451. 18 (4) The service provider may also keep a copy of a document mentioned 19 in subsection (3) available for inspection by the public at other places the 20 service provider considers appropriate. 21 (5) On payment of a fee, a person may buy a copy of a document 22 available for inspection under this section. 23 (6) The fee for the copy of the document must not be more than the 24 reasonable cost of publishing the copy. 25 officials from liability 26 Protecting 1011.(1) In this section-- 27 "official" means-- 28 (a) the Minister; or 29 (b) the chief executive; or 30

s 1012 318 s 1015 Water (c) an authorised officer; or 1 (d) a person acting under the direction of an authorised officer; or 2 (e) the regulator; or 3 (f) a member of an advisory committee; or 4 (g) a person acting under the direction of the Minister or the regulator. 5 (2) An official is not civilly liable for an act done, or omission made, 6 honestly and without negligence under this Act. 7 (3) If subsection (2) prevents a civil liability attaching to an official, the 8 liability attaches instead to the State. 9 by Minister 10 Delegation 1012. The Minister may delegate the Minister's powers under this Act to 11 an appropriately qualified public service officer or employee. 12 by chief executive 13 Delegation 1013. The chief executive may delegate the chief executive's powers 14 under this Act to an appropriately qualified public service officer or 15 employee. 16 forms 17 Approved 1014. The chief executive and the regulator may approve forms for use 18 under this Act. 19 power 20 Regulation-making 1015.(1) The Governor in Council may make regulations under this Act. 21 (2) Without limiting subsection (1), a regulation may-- 22 (a) fix fees and charges payable under this Act; and 23 (b) create offences against the regulation and fix a maximum penalty 24 of a fine of 20 penalty units for an offence against the regulation; 25 and 26

s 1016-1036 319 s 1037 Water (c) state the minimum standards for the design and construction of 1 water supply and sewerage infrastructure; and 2 (d) regulate the use, including recreational use, and management of 3 land owned by, or under the control of, a water authority; and 4 (e) regulate the recreational use of water in a dam owned by, or under 5 the control of, a water authority; and 6 (f) approve a code against which development applications under the 7 Integrated Planning Act 1997 may be assessed by the chief 8 executive as an assessment manager or concurrence agency under 9 that Act; and 10 (g) state the information to be contained in, the returns and the times 11 for giving returns to the chief executive by a person about State 12 quarry material or other material removed by the person from the 13 bed or banks of a watercourse or lake. 14 numbers not used 15 Section 1016-1036. See footnote to section 1. 16 HAPTER 9--TRANSITIONAL PROVISIONS 17 C AND REPEALS 18 ART 1--TRANSITIONAL PROVISIONS FOR 19 P ALLOCATION AND SUSTAINABLE MANAGEMENT 20 government authorities 21 Local 1037. If, immediately before the commencement of this section, there 22 was in force an authority for a local government to take or interfere with 23 water, the authority continues under this Act until the authority is replaced 24 with a water entitlement under this Act. 25

s 1038 320 s 1040 Water water management plans 1 Approved 1038. A water management plan approved under the repealed Act and in 2 force immediately before the commencement of this section is taken to be a 3 water resource plan under this Act. 4 water management plans 5 Proposed 1039.(1) Subsection (2) applies if before the commencement of this 6 section public notice of the proposed preparation of a water management 7 plan under the repealed Act has been given under the repealed Act. 8 (2) The notice is taken to be-- 9 (a) a notice published under section 40 of this Act for the proposed 10 preparation of a draft water resource plan for the proposed plan 11 area; and 12 (b) a moratorium notice for the proposed plan containing-- 13 (i) the matters mentioned in section 25N of the repealed 14 WR Act; and 15 (ii) any matters contained in the notice published. 16 (3) However, sections 39 and 41 do not apply for the preparation of the 17 draft water resource plan mentioned in subsection (2)(a). 18 water management plans 19 Draft 1040.(1) Subsections (2) and (3) apply if, before the commencement of 20 this section, public notice of the preparation of a draft water management 21 plan has been given under the repealed Act. 22 (2) The draft plan is taken to be a draft water resource plan. 23 (3) The public notice is taken to be a moratorium notice for the draft plan. 24 (4) For preparing the final draft water resource plan to which the notice 25 relates, sections 39 to 49 are taken to have been complied with if the final 26 draft water resource plan complies with section 46. 27

s 1041 321 s 1043 Water water allocation and management plans 1 Completed 1041.(1) The water allocation and management plan published in 2 December 1999 under the title Water Allocation and Management Plan 3 (Fitzroy Basin) 1999-- 4 (a) is taken to be a water resource plan under this Act that provides a 5 framework for establishing water allocations; and 6 (b) may be reprinted under the Reprints Act 1992. 7 (2) For reprinting the Water Allocation and Management Plan (Fitzroy 8 Basin) 1999, the plan may be amended to make it consistent with current 9 legislative drafting practice without the need to advertise the amendment 10 under chapter 2, part 3. 11 water allocation and management plans and flow 12 Proposed management plans 13 1042.(1) Subsection (2) applies to the following-- 14 (a) the proposed water allocation and management plan for the 15 Barron Basin, incorporating a portion of the Mitchell Basin; 16 (b) the proposed flow management plan for the Border Rivers; 17 (c) the proposed water allocation and management plan for the 18 Burnett Basin; 19 (d) the proposed water allocation and management plan for the Logan 20 Basin; 21 (e) the proposed water allocation and management plan for the 22 Pioneer Valley. 23 (2) A notice under section 40, to provide a framework for establishing 24 water allocations, is taken to have been published for each proposed plan. 25 (3) However, sections 39 and 41 do not apply for the preparation of the 26 draft water resource plan for a plan mentioned in subsection (1). 27 water allocation and management plans 28 Draft 1043.(1) Subsection (2) applies if a draft water allocation and 29 management plan has been publicly released before the commencement of 30

s 1044 322 s 1046 Water this section. 1 (2) The draft plan is taken to be a draft water resource plan that provides a 2 framework for establishing water allocations. 3 (3) If a public notice restricting dealings with licences and permits in the 4 proposed plan area was given, the notice is taken to be a moratorium notice 5 under this Act for the draft plan. 6 (4) For preparing the final draft water resource plan to which the notice 7 relates, sections 39 to 49 are taken to have been complied with if the final 8 draft water resource plan complies with section 46. 9 water management plan (Boyne River) 10 Draft 1044.(1) The draft water management plan publicly released in May 11 2000 under the title Draft Water Management (Boyne River Basin) Plan 12 2000 is taken to be a draft water resource plan that provides a framework 13 for establishing water allocations. 14 (2) The public notice of the proposed preparation of the draft plan given 15 under the repealed Act is taken to be a moratorium notice for the draft plan 16 containing-- 17 (a) the matters mentioned in section 25N of the repealed Act; and 18 (b) any matters contained in the notice published. 19 (3) For preparing the final draft water resource plan to which the notice 20 relates, sections 39 to 49 are taken to have been complied with if the final 21 draft water resource plan complies with section 46. 22 water management plan (Atherton subartesian area) 23 Proposed 1045. The proposed water management plan being prepared for the 24 Atherton subartesian area immediately before the commencement of this 25 section is taken to be a part of, and amalgamated with, the water allocation 26 and management plan mentioned in section 1042(1)(a). 27 subartesian areas 28 Declared 1046.(1) Subsection (2) applies if a declaration of a subartesian area 29

s 1047 323 s 1047 Water under the repealed Act is in force immediately before the commencement of 1 this section. 2 (2) Despite the repeal of the repealed Act, the provisions of that Act about 3 subartesian bores continue to apply to-- 4 (a) the taking of water from a bore that was not a small bore under 5 that Act; and 6 (b) the construction of a bore that was not a small bore under that 7 Act. 8 (3) Subsection (2) has effect for the area, or a part of the area, until a 9 water resource plan is approved for subartesian water in the area, or part of 10 the area. 11 land and water management plans 12 Existing 1047.(1) If, immediately before the commencement of this section, an 13 application made under the repealed Act for the approval of, or deferral of 14 the requirement for, a land and water management plan had not been 15 decided, the application must be decided as if the repealed Act had not been 16 repealed. 17 (2) Subsection (3) applies to-- 18 (a) each land and water management plan or deferral approved under 19 or for the repealed Act and in force immediately before the 20 commencement; and 21 (b) each plan or deferral approved under subsection (1). 22 (3) On the commencement-- 23 (a) a plan mentioned in subsection (2) is taken to be a land and water 24 management plan approved under section 77; and 25 (b) a deferral mentioned in subsection (2) is taken to be a deferral 26 approved under section 82. 27 (4) A plan mentioned in subsection (3)(a) and taken to be a plan under 28 this Act is taken to be approved under this Act for 10 years from the day the 29 plan was approved under the repealed Act. 30

s 1048 324 s 1048 Water (5) A deferral mentioned in subsection (3)(b) and taken to be a deferral 1 under this Act is a deferral for the period the deferral would have been in 2 force if the repealed Act had not been repealed. 3 applications, licences and permits 4 Existing 1048.(1) If, immediately before the commencement of this section, an 5 application made under the repealed Act for a licence or permit had not been 6 decided, the application must be decided and a licence or permit granted as if 7 the repealed Act had not been repealed. 8 (2) If part of an application mentioned in subsection (1) is about a 9 referable dam-- 10 (a) subsection (1) does not apply to the part; and 11 (b) the applicant must ensure a failure impact assessment is 12 completed and given to the chief executive within 1 year of the 13 commencement if the dam, after its construction, will be-- 14 (i) more than 8 m in height and have a storage capacity of more 15 than 500 ML; or 16 (ii) more than 8 m in height and have a storage capacity of more 17 than 100 ML and a catchment area that is more than 3 times 18 its maximum surface area at full supply level. 19 (3) Despite subsection (1), if a water resource plan would prevent the 20 approval of an application mentioned in subsection (1) if the application 21 were made under this Act, the chief executive must refuse the application 22 without publishing notice of the application under section 42(6) of the 23 repealed Act. 24 (4) Subsection (5) applies to-- 25 (a) each licence or permit granted under the repealed Act and in force 26 immediately before the commencement; and 27 (b) each licence or permit granted under subsection (1). 28 (5) On the commencement-- 29 (a) if a licence mentioned in subsection (4) was a licence for works 30 under part 4 of the repealed Act--the licence is taken to be a water 31 licence given under chapter 2, part 6, and its conditions that related 32

s 1049-1059 325 s 1049-1059 Water to the works, is taken to be a development permit; and 1 (b) if a permit mentioned in subsection (4) was a permit granted 2 under section 56 or 57 of the repealed Act--the permit is taken to 3 be a permit given under chapter 2, part 6; and 4 (c) if a permit mentioned in subsection (4) was a permit granted 5 under section 58 of the repealed Act--the permit is taken to be an 6 allocation notice given under chapter 2, part 9, and its conditions 7 that related to removal of quarry material, are taken to be a 8 development permit; and 9 (d) if a permit mentioned in subsection (4) was a permit granted 10 under section 71 of the repealed Act--the permit is taken to be a 11 permit given under chapter 2, part 8; and 12 (e) if a licence mentioned in subsection (4) was a driller's 13 licence--the licence is taken to be a water bore driller's licence 14 given under chapter 2, part 10. 15 (6) A licence or permit mentioned in subsection (5) and taken to be a 16 licence, permit or allocation notice under this Act is a licence, permit or 17 allocation notice for the period the licence or permit would have been in 18 force if the repealed Act had not been repealed. 19 (7) For 1 year after the commencement, sections 311 and 816 do not 20 apply to a person carrying out drilling activities for a subartesian bore in an 21 area that was not a declared subartesian area under the repealed Act 22 immediately before the commencement. 23 numbers not used 24 Section 1049-1059. See footnote to section 1. 25

s 1060 326 s 1062 Water ART 2--TRANSITIONAL PROVISIONS FOR 1 P SERVICE PROVIDERS, SERVICE AREAS, FAILURE 2 IMPACT ASSESSING OF DAMS AND FLOOD 3 MITIGATION 4 Division 1--Service providers and service areas 5 of existing local authorities and water boards as service 6 Registration providers 7 1060. Chapter 3, part 2 does not apply to a local government, water 8 authority or other person mentioned in section 370 and operating a similar 9 business to that of a service provider at the commencement of this section 10 until 1 January 2001. 11 asset management plans for existing local authorities and 12 Strategic water boards 13 1061. Chapter 3, part 3, divisions 1 to 3, does not apply to a local 14 government, water authority or other person mentioned in section 370 and 15 operating a similar business to that of a service provider at the 16 commencement of this section until-- 17 (a) for a large service provider--2 years after the commencement; or 18 (b) for a medium service provider--3 years after the commencement; 19 or 20 (c) for a small service provider--4 years after the commencement. 21 for fire fighting purposes 22 Water 1062. Chapter 3, part 3, division 4 applies to a local government, water 23 authority or other person mentioned in section 370 as if the local 24 government, water authority or other person were a service provider on the 25 commencement of this section. 26

s 1063 327 s 1065 Water water or sewered areas 1 Existing 1063.(1) Subsection (2) applies if a resolution of a local government 2 under the Sewerage and Water Supply Act 1949, declaring an area to be a 3 water area or sewered area, is effective immediately before the 4 commencement of this section. 5 (2) The water area or sewered area is a service area under this Act for the 6 service for which the resolution was made. 7 governments to be service providers for existing services areas 8 Local 1064. Until there is a service provider for a service area, chapter 3, part 4, 9 divisions 3 and 4, applies as if the local government were the service 10 provider for the area. 11 2--Failure impact assessing for dams 12 Division ubdivision 1--Hazardous dams 13 S of div 2 14 Application 1065.(1) This division does not apply to a dam that immediately before 15 the commencement of this section contained hazardous waste. 16 (2) To remove any doubt it is declared that, on and from the 17 commencement the Environmental Protection Act 1994 applies to the dam. 18 (3) On and from the commencement if a licence was granted under 19 section 43 of the repealed Act for the dam, the conditions about the safety of 20 the dam that applied to the licence are taken to be conditions of the 21 environmental authority issued under the Environmental Protection Act 22 1994, if any, for the dam. 23

s 1066 328 s 1068 Water Subdivision 2--Other dams 1 of ch 3, pt 6, div 1 to other dams 2 Application 1066. Chapter 3, part 6, division 1, other than sections 483(1) and 486, 3 also applies to each failure impact assessment required under this 4 subdivision. 5 impact assessing existing unlicensed dams 6 Failure 1067.(1) Subsection (2) applies to the owner of a dam in existence at the 7 commencement of this section and for which a licence was not granted 8 under section 43 of the repealed Act. 9 (2) The owner must have the dam failure impact assessed within 1 year 10 after the commencement, if the dam is-- 11 (a) more than 8 m in height and has a storage capacity of more than 12 500 ML; or 13 (b) more than 8 m in height and has a storage capacity of more than 14 100 ML and a catchment area that is more than 3 times its 15 maximum surface area at full supply level. 16 Maximum penalty--1 665 penalty units. 17 (3) Subsection (2) does not apply to the owner of a dam prescribed under 18 a regulation. 19 (4) A dam mentioned in the regulation has the failure impact rating 20 shown for the dam in the regulation. 21 impact assessing prescribed licensed dams 22 Failure 1068.(1) Subsection (2) applies to a dam if-- 23 (a) a licence was granted under section 43 of the repealed Act for the 24 dam; and 25 (b) the dam is a dam prescribed under a regulation for this section. 26 (2) On the commencement of this section-- 27 (a) the dam is a referable dam; and 28

s 1069 329 s 1069 Water (b) the dam has the failure impact rating shown for the dam in the 1 regulation; and 2 (c) the licence, including its conditions that related to the safety of the 3 dam, is taken to be a development permit. 4 impact assessing licensed dams not prescribed 5 Failure 1069.(1) Subsection (2) applies to a dam if-- 6 (a) a licence was granted under section 43 of the repealed Act for the 7 dam; and 8 (b) the dam is not a dam prescribed under a regulation for 9 section 1068; and 10 (c) the dam is-- 11 (i) more than 8 m in height and has a storage capacity of more 12 than 500 ML; or 13 (ii) more than 8 m in height and has a storage capacity of more 14 than 100 ML and a catchment area that is more than 3 times 15 its maximum surface area at full supply level. 16 (2) On the commencement of this section-- 17 (a) the dam is a referable dam; and 18 (b) the licence, including its conditions that related to the safety of the 19 dam, is taken to be a development permit. 20 (3) The owner of each dam mentioned in subsection (2) must ensure a 21 failure impact assessment for the dam is completed in accordance with 22 chapter 3, part 6 and given to the chief executive within 5 years after the 23 commencement. 24 Maximum penalty--1 665 penalty units. 25 (4) Subsection (3) does not apply if the chief executive gives the owner 26 of the dam a notice under section 483(2) before the dam is failure impact 27 assessed under subsection (3). 28 (5) If the dam is assessed as not having a category 1 or category 2 failure 29 impact rating under subsection (3) or for an assessment mentioned in 30 subsection (4)-- 31

s 1070 330 s 1072-1082 Water (a) the dam is no longer a referable dam; and 1 (b) the development permit is no longer subject to the conditions 2 about the safety of the dam. 3 impact assessing small licensed dams 4 Failure 1070.(1) Subsection (2) applies to a dam if a licence was granted under 5 section 43 of the repealed Act for the dam and the dam is not-- 6 (a) more than 8 m in height and does not have a storage capacity of 7 more than 500 ML; or 8 (b) more than 8 m in height and does not have a storage capacity of 9 more than 100 ML and a catchment area that is not more than 3 10 times its maximum surface area at full supply level. 11 (2) On the commencement of this section, the conditions about the safety 12 of the dam, that applied to the licence, no longer apply. 13 Division 3--Flood mitigation 14 flood mitigation manuals 15 Existing 1071. A flood mitigation manual is taken to be flood mitigation manual 16 approved by the chief executive under chapter 3, part 6, for the period 17 expiring 5 years after the commencement of this section, if the manual was, 18 immediately before the commencement in force as a manual-- 19 (a) approved under section 215F of the repealed Act; or 20 (b) taken to be a flood mitigation manual under section 215Y of the 21 repealed Act. 22 numbers not used 23 Section 1072-1082. See footnote to section 1. 24

s 1083 331 s 1084 Water ART 3--TRANSITIONAL PROVISIONS FOR 1 P WATER AUTHORITIES 2 former water areas and former water boards--general 3 Continuing 1083.(1) This section does not apply to the Gladstone Area Water Board 4 and its operational area established under the repealed GAWB Act. 5 (2) A former water area in existence immediately before the 6 commencement of this section continues in existence, subject to this Act, 7 and is taken to be an authority area established under this Act with the same 8 name as the former water area. 9 (3) A former water board in existence immediately before the 10 commencement continues in existence, subject to this Act, and is taken to be 11 a water authority established under this Act-- 12 (a) with the same name as the former water board; and 13 (b) to carry out water activities. 14 (4) The former water board is taken to be-- 15 (a) for the Mount Isa Water Board--a category 1 water authority; or 16 (b) for another former water board to which this section applies--a 17 category 2 water authority. 18 (5) If the former water board was constituted under the repealed Act for a 19 former water area in existence immediately before the commencement, the 20 former water area is taken to be the water authority's authority area. 21 Gladstone Area Water Board 22 Continuing 1084.(1) The Gladstone Area Water Board established under the repealed 23 GAWB Act continues in existence, subject to this Act, and is taken to be a 24 water authority established under this Act-- 25 (a) with the same name; and 26 (b) to carry out water activities generally in the State. 27 (2) The Gladstone Area Water Board is taken to be a category 1 water 28 authority. 29

s 1085 332 s 1087 Water of boards of former water boards, other than Gladstone 1 Members Area Water Board 2 1085.(1) This section applies to a person who, immediately before the 3 commencement of this section, was a member of a board of a former water 4 board that is taken to be a water authority under section 1083(3). 5 (2) On the commencement, the person is taken to have been appointed 6 under this Act as a director of the authority for the remainder of the person's 7 term of appointment under the repealed Act. 8 (3) This section applies despite section 604.30 9 of board of Gladstone Area Water Board 10 Members 1086.(1) This section applies to a person who, immediately before the 11 commencement of this section, was a member of the board of the 12 Gladstone Area Water Board established under the repealed GAWB Act. 13 (2) On the commencement, the person is taken to have been appointed 14 under this Act as a director of the Gladstone Area Water Board established 15 under section 1084(1) for the remainder of the person's term of 16 appointment under the repealed GAWB Act. 17 (3) This section applies despite section 605.31 18 employees of former water boards 19 Existing 1087.(1) This section applies to a person who, immediately before the 20 commencement of this section, was an employee of a former water board 21 that continues in existence as a water authority under section 1083(3) 22 or 1084. 23 (2) On the commencement, the person becomes an employee of the 24 water authority. 25 (3) The person-- 26 (a) must be employed on the person's existing or equivalent terms 27 30 Section 604 (Term of office for directors of water authorities other than Gladstone Area Water Board) 31 Section 605 (Term of office for directors of Gladstone Area Water Board)

s 1088 333 s 1088 Water and conditions of employment; and 1 (b) remains entitled to all existing and accruing rights of employment. 2 (4) Subsections (5) to (8) apply if, immediately before the 3 commencement, the person was a contributor to a superannuation fund, 4 superannuation scheme or provident fund (the "former superannuation 5 scheme") as an employee of the former water board. 6 (5) The person continues to be a contributor to the former superannuation 7 scheme as if the person's service with the authority were continuous service 8 with the former water board. 9 (6) If the authority establishes, maintains or takes part in a 10 superannuation scheme (the "authority's scheme") to provide 11 superannuation benefits for its employees, the person, under arrangements 12 prescribed under a regulation, may, but is not required to-- 13 (a) stop being a contributor to the former superannuation scheme; 14 and 15 (b) become a member of the authority's scheme. 16 (7) If the Gladstone Area Water Board, as established under the repealed 17 GAWB Act, was required, in relation to the person, to contribute to the 18 former superannuation scheme under the repealed GAWB Act, 19 section 11432-- 20 (a) the requirement continues under this Act as a requirement of the 21 Gladstone Area Water Board established as a water authority 22 under this Act; and 23 (b) an amount payable by the authority to the superannuation scheme 24 is a debt due by the authority to the trustees or managers of the 25 scheme. 26 works of former water boards 27 Authorised 1088.(1) This section applies to the authorised works of a former water 28 board that is taken to be a water authority under section 1083(3) or 1084. 29 (2) On the commencement of this section, the water authority is taken to 30 32 Section 114 (Board to contribute as employer)

s 1089 334 s 1090 Water hold a development permit for the works.33 1 (3) In this section-- 2 "authorised works", of a former water board, means the works the former 3 water board was, immediately before the commencement, authorised 4 to acquire or construct under the repealed Acts. 5 authorities to take, or interfere with, water 6 Existing 1089.(1) This section applies to a former water board that-- 7 (a) is taken to be a water authority under section 1083(3) or 1084; 8 and 9 (b) immediately before the commencement of this section, was 10 authorised under a repealed Act or another Act to take or interfere 11 with water. 12 (2) If the authorisation was given under a repealed Act, it continues under 13 that Act as if that Act had not been repealed until it is replaced with a water 14 entitlement. 15 (3) If the authorisation was given under another Act, it continues under 16 that Act until it is replaced with a water entitlement. 17 contracts to supply water under GAWB Act 18 Existing 1090.(1) This section applies to a contract-- 19 (a) entered into, under the GAWB Act, between the Gladstone Area 20 Water Board established under that Act and an entity for the 21 supply of water by the board to the entity; and 22 (b) in force immediately before the commencement of this section. 23 (2) On the commencement, the contract is taken to have been made under 24 this Act between the Gladstone Area Water Board established under this 25 Act and the entity for the remainder of the contract's term. 26 33 See also Integrated Planning Act 1997, section 1.4.6 (Lawful use of premises protected) and section 1.4.7 (Lawfully constructed buildings and works protected)

s 1091 335 s 1093 Water (3) Despite the repeal of the GAWB Act, sections 53, 54, 117 and 11834 1 of that Act continue to apply to the parties' rights and obligations under the 2 contract for the remainder of the contract's term. 3 to former water areas and former water boards 4 References 1091. In an Act or document, if the context permits-- 5 (a) a reference to a former water area may be taken to be a reference 6 to the authority area with the same name established under 7 section 1083(2); and 8 (b) a reference to a former water board may be taken to be a reference 9 to the water authority with the same name established under 10 section 1083(3). 11 regulations 12 Existing 1092.(1) The Water Resources (Areas and Boards) Regulation 2000 in 13 force under the repealed Act immediately before the commencement of this 14 section-- 15 (a) is taken to be a regulation made under this Act; and 16 (b) must be read with the changes necessary to make it consistent 17 with this Act and adapt its operation to this Act. 18 (2) A requirement in the regulation for a particular person to be 19 appointed, but not nominated, to a former water board by the Governor in 20 Council must be read as if the requirement were for the person to be 21 nominated by the chief executive. 22 by-laws 23 Existing 1093.(1) This section applies to the Gladstone Area Water Board 24 By-Law 1989 in force under the repealed GAWB Act, and the Mount Isa 25 Water Board By-Law 1999 in force under the repealed Act, immediately 26 34 Sections 53 (Board's power over supply), 54 (Manner of exercising s 53 power), 117 (Board not liable for short supply) and 118 (Extent of liability for escape of water)

s 1094-1106 336 s 1107 Water before the commencement of this section. 1 (2) On the commencement, each by-law is taken to be a regulation made 2 under this Act. 3 (3) The by-laws and this section expire 2 years after this section 4 commences. 5 (4) This section, to the extent it applies to the Gladstone Area Water 6 Board By-Law 1989, applies despite the Statutory Instruments Act 1992, 7 section 54. 8 numbers not used 9 Section 1094-1106. See footnote to section 1. 10 ART 4--TRANSITIONAL PROVISIONS ABOUT 11 P STATE WATER PROJECTS AND ITS CUSTOMERS 12 Division 1--State Water Projects before corporatisation 13 of s 4 for State Water Projects 14 Application 1107.(1) Chapter 3, part 6, division 1, does not apply to the State until the 15 commercialised business unit previously within the department and known 16 as State Water Projects is corporatised under the Government Owned 17 Corporations Act 1993. 18 (2) Subsection (1) has effect despite section 4. 19

s 1108 337 s 1110 Water Division 2--State Water Projects after corporatisation 1 1--Preliminary 2 Subdivision for div 2 3 Definition 1108. In this division-- 4 "authority" means-- 5 (a) a licence under part 4 or 9 of the repealed Act; or 6 (b) an order in council under which water is supplied; or 7 (c) an agreement for the supply of water made under section 15 of 8 the repealed Act; or 9 (d) another agreement for the supply of water under the repealed Act. 10 of div 2 11 Application 1109. This division applies-- 12 (a) if the commercialised business unit previously within the 13 department and known as State Water Projects (the 14 "corporatised entity") was corporatised under the Government 15 Owned Corporations Act 1993 before the commencement of this 16 division--on the commencement; or 17 (b) if the commercialised business unit within the department known 18 as State Water Projects (the "corporatised entity") is 19 corporatised under the Government Owned Corporations Act 20 1993 on or after the commencement--the day the corporatised 21 entity is corporatised. 22 Subdivision 2--Granting interim resource operations licences and 23 interim water allocations 24 interim resource operations licence to corporatised entity 25 Granting 1110.(1) On the day this division commences, the chief executive must 26

s 1111 338 s 1111 Water grant and give to the corporatised entity an interim resource operations 1 licence for each irrigation or project area under the Water Resources (Rates 2 and Charges) Regulation 1992 the corporatised entity operated both 3 immediately before and immediately after the entity was corporatised. 4 (2) Each licence must state, for the licence-- 5 (a) all the elements mentioned in section 177; and 6 (b) the interim water allocations to be granted to the corporatised 7 entity under section 1111 for water losses, unallocated water and 8 water for the supply of customers who are not to be granted or 9 taken to hold an interim water allocation under section 1112 10 or 1113; and 11 (c) details of existing customers of the corporatised entity who are to 12 be granted interim water allocations other than those customers 13 who hold interim water allocations taken to be granted under 14 section 1113; and 15 (d) details of existing customers of the corporatised entity who are 16 not to be granted or taken to hold interim water allocations. 17 (3) Within 30 business days after the granting of the interim resource 18 operations licence, the chief executive must give the customers mentioned in 19 the licence an information notice about the granting of the licence. 20 (4) Sections 178 to 186 apply to each licence as if the licence were a 21 licence granted under chapter 2, part 5. 22 (5) Each licence takes effect from the day the holder of the licence is 23 given the licence. 24 water entitlements to corporatised entity 25 Granting 1111.(1) On the day this division commences, the chief executive-- 26 (a) must grant to the corporatised entity an interim water allocation in 27 accordance with each interim resource operations licence the 28 corporatised entity is given under section 1110(1); and 29 (b) if the corporatised entity was involved before the commencement 30 in the activity of taking water, other than water to which 31 paragraph (a) applies--may grant to the entity a water licence to 32

s 1112 339 s 1113 Water continue each activity. 1 (2) On the day the grant is made under subsection (1), the chief executive 2 must give the allocation and the licence to the entity. 3 (3) The allocation and licence take effect from the day the entity is given 4 allocation and licence. 5 interim water allocations to customers under interim 6 Granting resource operations licences 7 1112.(1) On the day this division commences, the chief executive must 8 grant each customer, mentioned in section 1110(2)(c), of the corporatised 9 entity, an interim water allocation in accordance with the interim resource 10 operations licence for the allocation. 11 (2) On the day the grant is made under subsection (1), the chief executive 12 must give the allocation to the grantee. 13 (3) Each interim water allocation takes effect from the day the grantee is 14 given the allocation. 15 under part 4 or 9 of the repealed Act 16 Authorities 1113.(1) Subsection (2) applies if-- 17 (a) an authority under part 4 or part 9 of the repealed Act was in force 18 immediately before the commencement of this division; and 19 (b) the authority was to take water in an irrigation area or project 20 under the repealed Act; and 21 (c) the authority provided for the nominal allocation of water under 22 the repealed Act; and 23 (d) the water is managed by the corporatised entity using the entity's 24 water infrastructure. 25 (2) On and from the day this division commences, the authority is an 26 interim water allocation for the volume of water nominally allocated under 27 the authority. 28

s 1114 340 s 1114 Water of grant of interim water allocation 1 Review 1114.(1) Subsection (2) limits the right of a customer given an 2 information notice under section 1110(3). 3 (2) The customer may apply for a review of the decision mentioned in 4 the notice only so far as the decision is about the customer not being granted 5 an interim water allocation for all or part of the authority previously held by 6 the customer. 7 (3) If the customer has, before the commencement of this division, been 8 supplied with water under the authority, the customer may apply for the 9 review only on 1 or more of the following grounds-- 10 (a) the authority stated that the customer was granted nominal 11 allocation of the water; 12 (b) the authority was in existence when the relevant irrigation area or 13 project was established; 14 (c) the supply of water did not have an end date and the customer 15 has, over the term of the authority, paid the full commercial value 16 for the supply of water under the authority; 17 (d) the customer has paid a part of the full commercial value for the 18 supply of the water under the authority and it is reasonable that a 19 proportion of the authority should be granted to the customer as 20 an interim water allocation. 21 (4) The corporatised entity is taken to be-- 22 (a) for sections 863(3) and 864(2)--a person who was given notice 23 of the original decision; and 24 (b) for an appeal against the review decision--an interested person 25 for the original decision. 26 (5) If, on a review or appeal, it is decided that the customer be granted an 27 interim water allocation, the interim water allocation granted to the 28 corporatised entity must be reduced by the interim water allocation granted 29 to the customer under the decision. 30 (6) For subsection (5), the chief executive must do all things necessary to 31 give effect to the decision. 32

s 1115 341 s 1116 Water 3--Supply contracts 1 Subdivision must approve standard supply contracts 2 Minister 1115.(1) On the day this division commences, the Minister must approve 3 standard supply contracts for the storage and delivery by the corporatised 4 entity of water under interim water allocations, other than an interim water 5 allocation to which an agreement mentioned in section 1116 relates. 6 (2) The supply contracts may be different for different areas of the State 7 or different services provided by the entity. 8 (3) The Minister must gazette the approval of each standard supply 9 contract. 10 (4) Subsection (5) applies if a contract approved under subsection (1) 11 applies to water to which sections 1112 and 1113(2) apply. 12 (5) To the extent that the terms of supplying the water under an interim 13 water allocation are inconsistent with the terms of supplying water under the 14 standard supply contract approved by the Minister, the terms of the standard 15 supply contract approved by the Minister prevail. 16 (6) Subsection (5) applies until the corporatised entity and the customer 17 enter into a different supply contract for supplying the water. 18 (7) Within 1 year after the day the Minister approves a standard supply 19 contract for an area or service, the corporatised entity and a customer council 20 constituted under the statement of corporate intent for the corporatised entity 21 must review the contract. 22 (8) After reviewing the contract to assess whether the contract still meets 23 the requirements of the customers and the entity, the council and the entity 24 must enter into a new standard supply contract, whether on the same terms 25 as the approved standard supply contract or on terms renegotiated under the 26 review. 27 under s 15 of repealed Act 28 Supply 1116.(1) This section applies to an agreement under section 15 of the 29 repealed Act in force immediately before the commencement of this 30 division. 31

s 1117 342 s 1119 Water (2) The agreement continues to have effect after the commencement, to 1 the extent that it provides for storage and delivery of water by the 2 corporatised entity. 3 of Water Resources (Rates and Charges) Regulation 1992 4 Application 1117.(1) Subsection (2) applies if immediately before the 5 commencement of this division a licensee of a licence in an irrigation or 6 project area under the Water Resources (Rates and Charges) Regulation 7 1992 owes money to the State for a rate or charge made under the regulation 8 before the commencement. 9 (2) The money owing by a licensee to the State is a debt due by the 10 licensee to the corporatised entity. 11 (3) On the commencement of this division, the rates and charges that 12 applied under the regulation are the charges of the corporatised entity until 13 the corporatised entity sets new charges. 14 of repealed Act to interim water allocations until ch 2, pt 6 15 Application commences 16 1118.(1) Subsection (2) applies until chapter 2, part 6 commences. 17 (2) For amending, cancelling, renewing, suspending or transferring, an 18 interim water allocation, the allocation must be dealt with as if-- 19 (a) for an allocation for water that is managed in an area that was an 20 irrigation area under the repealed Act--the allocation were a water 21 licence granted under part 9 of the repealed Act; and 22 (b) for all other allocations--the allocation were a water licence 23 granted under part 4 of the repealed Act. 24 and Treasurer's power to give joint directions to 25 Minister's corporatised entity 26 1119.(1) The Minister and Treasurer may give the corporatised entity a 27 written joint direction if the Minister and Treasurer are satisfied it is 28 necessary to give the direction-- 29 (a) to give effect to this Act; or 30

s 1120-1128 343 s 1129 Water (b) to facilitate water industry reform in the State; or 1 (c) to ensure a financially viable water industry in the State. 2 (2) The corporatised entity must comply with the direction. 3 (3) The Minister must gazette a copy of the direction within 21 days after 4 it is given. 5 (4) This section expires 3 years after it commences. 6 numbers not used 7 Section 1120-1128. See footnote to section 1. 8 ART 5--GENERAL 9 P in Acts and documents 10 References 1129. A reference in an Act or document to-- 11 (a) the Gladstone Area Water Board Act 1984 may, if the context 12 permits, be taken to be a reference to chapter 4 of this Act; and 13 (b) the Water Resources Act 1989, the Water Act 1926 or the Rights 14 in Water and Water Conservation and Utilization Act 1910 may, 15 if the context permits, be taken to be a reference to this Act; and 16 (c) a water entitlement of a particular type under the repealed Act 17 may, if the context permits, be taken to be a reference to a similar 18 entitlement under this Act; and 19 (d) a water entitlement holder under the repealed Act may, if the 20 context permits, be taken to be a reference to the holder of a 21 similar entitlement under this Act; and 22 (e) the repealed Act, or the Land Act 1897, the Land Act 1902 or the 23 Land Act 1910, may, if the context permits, be taken to be a 24 reference to this Act; and 25 (f) a section of the repealed Act, or the Land Act 1897, the Land Act 26

s 1130 344 s 1138-1143 Water 1902 or the Land Act 1910, may, if the context permits, be taken 1 to be a reference to the corresponding section in this Act. 2 regulation-making power 3 Transitional 1130.(1) A regulation (a "transitional regulation") may make 4 provision about a matter for which-- 5 (a) it is necessary to make provision to allow or facilitate the doing of 6 anything to achieve the transition from the operation of the 7 repealed Act to the operation of this Act; and 8 (b) this Act does not make provision or sufficient provision. 9 (2) A transitional regulation may have retrospective operation to a day not 10 earlier than the commencement of this section. 11 (3) A transitional regulation must declare it is a transitional regulation. 12 (4) This section and any transitional regulation expire 1 year after the 13 commencement of this section. 14 numbers not used 15 Section 1131-1136. See footnote to section 1. 16 ART 6--REPEALS 17 P 18 Repeals 1137. The following Acts are repealed-- 19 (a) Gladstone Area Water Board Act 1984; 20 (b) Water Resources Act 1989. 21 numbers not used 22 Section 1138-1143. See footnote to section 1. 23

s 1144 345 s 1145 Water CHAPTER 10--AMENDMENTS 1 2 3 about planning matters 4 Amendments 1144. Schedule 2 amends the Acts it mentions. 5 amendments 6 Other 1145. Schedule 3 amends the Acts it mentions. 7

346 Water SCHEDULE 1 1 � PROHIBITED SUBSTANCES 2 schedule 4, def "prohibited substance" 3 1. A solid or viscous substance in a quantity, or of a size, that can 4 obstruct sewerage, or interfere with the operation of sewerage. 5 6 Examples of solids or viscous substances that are prohibited substances if of a size or in 7 the quantity mentioned in item 1-- 8 � ash, cinders, sand, mud, straw and shavings 9 � metal, glass and plastics 10 � paper and plastic dishes, cups and milk containers whether whole or ground 11 by garbage grinders 12 � rags, feathers, tar and wood 13 � whole blood, paunch manure, hair and entrails 14 � oil and grease 15 � cement laden waste water, including, wash down from exposed aggregate 16 concrete surfaces. 2. A flammable or explosive solid, liquid or gaseous substance 17 (including petrol). 18 3. Floodwater, rainwater and stormwater, and roof water, seepage water, 19 subsoil water and surface water. 20 4. A substance that, given its quantity, is capable alone, or by interaction 21 with another substance discharged into sewerage, of-- 22 (a) inhibiting or interfering with a sewage treatment process; or 23 (b) causing damage or a hazard to sewerage; or 24 (c) causing a hazard for humans or animals; or 25 (d) creating a public nuisance; or 26 (e) creating a hazard in waters into which it is discharged; or 27

347 Water SCHEDULE 1 (continued) (f) contaminating the environment in places where effluent or sludge 1 from a sewage treatment plant is discharged or reused. 2 3 Example of substance under item 4-- 4 A substance with a pH lower than 6.0 or greater than 10.0, or having another 5 corrosive property. 5. A substance at a temperature of more than-- 6 (a) if the local government has approved a maximum temperature for 7 the substance--the approved maximum temperature; or 8 (b) if paragraph (a) does not apply--38�C. 9

348 Water SCHEDULE 2 1 � AMENDMENTS ABOUT PLANNING MATTERS 2 section 1144 3 INTEGRATED PLANNING ACT 1997 4 � 1. Section 1.3.5, definition "operational work"-- 5 insert-- 6 `(g) operations of any kind and all things constructed or installed for 7 taking, or interfering with, water under the Water Act 2000;'. 8 2. Section 3.2.1-- 9 insert-- 10 `(5A) If the development involves taking, or interfering with, a resource 11 of the State, another Act may require the application to be supported by 12 evidence of an allocation of, or an entitlement to, the resource.'.35 13 3. Section 3.2.1(6) `and (5)'-- 14 omit, insert-- 15 `, (5) and (5A)'. 16 4. Section 3.2.1(9)-- 17 omit, insert-- 18 `(9) Subsection (8) does not apply to an application unless the application 19 contains-- 20 35 For example, see Water Act 2000, chapter 2, part 4, division 4 or 6 or part 9.

349 Water SCHEDULE 2 (continued) (a) the written consent of the owner of any land to which the 1 application applies; or 2 (b) any evidence required under subsection (5A).'. 3 5. Section 3.3.15(1)-- 4 insert-- 5 `(c) for a concurrence agency--against any applicable concurrence 6 agency code.'. 7 6. Section 3.3.15(2)(a), `relevant'-- 8 omit. 9 7. Section 3.3.15(2)(a), `schemes and policies'-- 10 omit, insert-- 11 `schemes, policies and codes, of the type mentioned in subsection (1),'. 12 8. Section 3.3.18(4)(a) and (b)-- 13 omit, insert-- 14 `(a) the development does not comply with a law, policy or code 15 mentioned in section 3.3.15(1)(a) or (c); and 16 (b) compliance with the law, policy or code can not be achieved by 17 imposing conditions.'. 18 9. Section 3.5.4(2)-- 19 omit, insert-- 20 `(2) The assessment manager must assess the part of the application only 21 against-- 22 (a) applicable codes (other than concurrence agency codes the 23

350 Water SCHEDULE 2 (continued) assessment manager does not apply); and 1 (b) subject to paragraph (a)--the common material.'. 2 10. Section 3.5.4(3), after `codes'-- 3 insert-- 4 `in addition to the applicable codes mentioned in subsection (2)(a)'. 5 11. Section 4.1.33(2)-- 6 insert-- 7 `(c) the removal of quarry material allocated under the Water 8 Act 2000.'. 9 12. Section 4.3.8-- 10 insert-- 11 `(e) the removal of quarry material allocated under the Water 12 Act 2000.'. 13 13. After section 5.8.4-- 14 insert-- 15 `Delegation by Minister 16 `5.8.5.(1) The Minister may delegate the Minister's powers or functions 17 under this Act to an appropriately qualified public service officer. 18 `(2) In subsection (1)-- 19 "appropriately qualified" includes having the qualifications, experience or 20 standing appropriate to the exercise of the power or function. 21 "Minister" includes the Minister administering the State Development and 22 Public Works Organisation Act 1971 if that Minister is acting under 23

351 Water SCHEDULE 2 (continued) chapter 3, part 6, division 2.36'. 1 2 Example of `standing'-- 3 If the person is an employee of the department, the person's classification level in 4 the department.'. 14. Schedule 8, part 1-- 5 insert-- 6 `3B. Carrying out operational work that is operations of any kind and all 7 things constructed or installed for taking, or interfering with, water 8 under the Water Act 2000 if the operations are, under the Water Act 9 2000, for-- 10 (a) taking, or interfering with, water from a watercourse, lake or 11 spring (other than under the Water Act 2000, section 20(2), (3) 12 or (5)); or 13 (b) taking, or interfering with, or reticulating artesian water; or 14 (c) taking, or interfering with, overland flow water or subartesian 15 water, mentioned in a water resource plan. 16 `3C. Carrying out operational work that is the construction and maintenance 17 of a referable dam under the Water Act 2000.'. 18 15. Schedule 8, part 1, item 6, `Act.'-- 19 omit, insert-- 20 `Act.37'. 21 16. Schedule 8, part 2-- 22 insert-- 23 36 See section 3.6.4 (Definition for div 2) 37 For quarrying in a watercourse or lake, see Environmental Protection Regulation 1998, section 63A.

352 Water SCHEDULE 2 (continued) `9A. Carrying out operational work that is operations of any kind and all 1 things constructed or installed for taking water if the operations are for 2 taking water from a watercourse, lake or spring under the Water Act 2000, 3 section 20(3).'. 4 17. Schedule 8, part 3, item 13(a), after `use'-- 5 insert-- 6 `, other than-- 7 (i) the clearing of native vegetation on freehold land; or 8 (ii) operations of any kind and all things constructed or installed 9 for taking, or interfering with, water if the operations are for 10 taking, or interfering with, water under the Water Act 2000; 11 and'. 12 18. Schedule 8, part 3-- 13 insert-- 14 `21B. Operational work for a subscriber connection.'. 15 19. Schedule 8, part 4, item 22-- 16 insert-- 17 ` "subscriber connection" means an installation for the sole purpose of 18 connecting a building, structure, caravan or mobile home to a line that 19 forms part of an existing telecommunications network.'. 20

353 Water SCHEDULE 2 (continued) LOCAL GOVERNMENT ACT 1993 1 � 1. Section 3, definition "local government Act", after `1997,'-- 2 insert-- 3 `Water Act 2000, chapter 3,'. 4 2. Section 854-- 5 insert-- 6 `(5) A local law, whether the law is made before or after the 7 commencement of this section, is void to the extent it regulates a subscriber 8 connection. 9 `(6) In subsection (5)-- 10 "subscriber connection" means an installation for the sole purpose of 11 connecting a building, structure, caravan or mobile home to a line that 12 forms part of an existing telecommunications network.'. 13 3. Section 942(1), `Water Resources Act 1989'-- 14 omit, insert-- 15 `Water Act 2000'. 16 EGETATION MANAGEMENT ACT 1999 17 �V 1. Sections 78, 79 and 80-- 18 omit. 19

354 Water SCHEDULE 2 (continued) 2. Section 84(2)-- 1 omit. 2 3. Section 85, insertion of definition "concurrence agency code"-- 3 omit. 4

355 Water SCHEDULE 3 1 � OTHER AMENDMENTS 2 section 1145 3 ABORIGINAL LAND ACT 1991 4 � 1. Section 3, definitions "bed and banks", "lake" and "watercourse", 5 from `Water'-- 6 omit, insert-- 7 `Water Act 2000, schedule 4.'. 8 CENTURY ZINC PROJECT ACT 1997 9 � 1. Section 13(7), definition "responsible entity", paragraph (a), `Water 10 Resources Act 1989'-- 11 omit, insert-- 12 `Water Act 2000'. 13 FISHERIES ACT 1994 14 � 1. Sections 114(3) and 116(8), `Water Resources Act 1989'-- 15 omit, insert-- 16 `Water Act 2000'. 17

356 Water SCHEDULE 3 (continued) ORESTRY ACT 1959 1 �F 1. Section 5, definition "beds and banks", `Water Resources Act 2 1989'-- 3 omit, insert-- 4 `Water Act 2000'. 5 OSSICKING ACT 1994 6 �F 1. Section 27(6), definition "quarry materials", `Water Resources Act 7 1989'-- 8 omit, insert-- 9 `Water Act 2000'. 10 2. Section 27(6), definition "quarry materials permit", 11 paragraph (b)-- 12 omit, insert-- 13 `(b) an allocation of quarry material under the Water Act 2000.'. 14 3. Section 34(3), third dot point-- 15 omit, insert-- 16 `� Water Act 2000, section 279.38'. 17 38 Water Act 2000, section 279 (Ownership and management of certain quarry material)

357 Water SCHEDULE 3 (continued) FREEDOM OF INFORMATION ACT 1992 1 � 1. Schedule 2-- 2 insert-- 3 `4. The GOC that was the Water Act 2000, section 1009'. 4 commercialised business unit 5 known as State Water Projects in 6 the Department of Natural 7 Resources ETROLEUM ACT 1923 8 �P 1. Section 35(1)(a)-- 9 omit. 10 2. Section 51(1)(b), `take and divert' to `land leased; and may'-- 11 omit. 12 3. Section 78(18), `Water Resources Act 1989'-- 13 omit, insert-- 14 `Water Act 2000'. 15 4. Section 86(d)-- 16 omit. 17

358 Water SCHEDULE 3 (continued) 5. Section 87(11), `licence under the Water Resources Act 1989'-- 1 omit, insert-- 2 `water licence under the Water Act 2000'. 3 6. Section 94-- 4 omit. 5 7. After section 144-- 6 insert-- 7 `Interference with water 8 `144A.(1) Each lessee or permittee must give the Minister a written 9 notice by 30 March each year. 10 `(2) The notice must state the volume of underground water taken under 11 this Act by the lessee or permittee during the preceding year. 12 `(3) Subsection (2) applies whether the water is taken directly or taken 13 with a petroleum or gas product.'. 14 UEENSLAND COMPETITION AUTHORITY 15 �Q ACT 1997 16 1. Section 10-- 17 insert-- 18 `(gb)to conduct arbitration hearings about applications for arbitration 19 under the Water Act 2000, section 891(2); and'. 20

359 Water SCHEDULE 3 (continued) 2. Section 188-- 1 insert-- 2 `(c) the arbitration for an application under the Water Act 2000, 3 section 891(2).'. 4 3. Schedule, definition "party"-- 5 insert-- 6 `(e) for the arbitration of an application for arbitration under the Water 7 Act 2000, section 891(2)--a party to the arbitration.'. 8 4. Schedule, definition "public facility", `water board'-- 9 omit, insert-- 10 `water authority'. 11 5. Schedule, definition "water board"-- 12 omit, insert-- 13 ` "water authority" means-- 14 (a) a water authority established under the Water Act 2000; or 15 (b) the Townsville/Thuringowa Water Supply Board established 16 under the Townsville/Thuringowa Water Supply Board Act 17 1987.'. 18

360 Water SCHEDULE 3 (continued) RECREATION AREAS MANAGEMENT ACT 1988 1 � 1. Section 5, definition "proprietor", paragraph (b)(ii)(B), `Water 2 Resources Act 1989'-- 3 omit, insert-- 4 `Water Act 2000'. 5 SEWERAGE AND WATER SUPPLY ACT 1949 6 � 1. Section 17A, definition "sewerage"-- 7 omit. 8 2. Section 17A(2), "sewerage or"-- 9 omit. 10 3. Section 17A(3)(b)-- 11 omit. 12 SOUTH EAST QUEENSLAND WATER BOARD 13 � (REFORM FACILITATION) ACT 1999 14 1. Long title, `, to amend the Water Resources Act 1989'-- 15 omit. 16

361 Water SCHEDULE 3 (continued) TATE DEVELOPMENT AND PUBLIC WORKS 1 �S ORGANISATION ACT 1971 2 1. Section 89-- 3 insert-- 4 `(2) If a moratorium notice has been published under the Water Act 2000, 5 the power of the Coordinator-General under subsection (1) does not apply 6 to-- 7 (a) water to which the notice applies; or 8 (b) if the notice is amended--water to which the amended notice 9 applies. 10 `(3) If a water resource plan has been approved, or is taken to have been 11 approved, under the Water Act 2000, the power of the Coordinator-General 12 under subsection (1) does not apply to-- 13 (a) water to be supplied to water entitlement holders, or persons 14 authorised to take water under the Water Act 2000, section 20, in 15 the plan area at the time the power is exercised; and 16 (b) water required to meet environmental flow objectives and water 17 allocation security objectives under the plan. 18 `(4) However, if the Coordinator-General acts under subsection (1)-- 19 (a) the Coordinator-General must consider the economic and social 20 benefits of the proposed works and any industry to be supplied 21 with the water, and any 1 or more of the following-- 22 (i) the need for sustainable management and efficient use of 23 water under the Water Act 2000, section 10; 24 (ii) the principles of ecologically sustainable development under 25 the Water Act 2000, section 11; 26 (iii) relevant water planning information; 27 (iv) the needs of water entitlement holders under the Water Act 28 2000; 29

362 Water SCHEDULE 3 (continued) (v) the volume of water to be supplied under subsection (1); and 1 (b) the Coordinator-General must-- 2 (i) prepare a statement giving reasons why the power is 3 exercised; and 4 (ii) publish a copy of the statement in the gazette; and 5 (c) the Minister must table the statement in the Legislative Assembly 6 within 3 sitting days after the notice is published in the gazette.'. 7 ORRES STRAIT ISLANDER LAND ACT 1991 8 �T 1. Section 3, definitions "bed and banks", "lake" and "watercourse", 9 from `Water'-- 10 omit, insert-- 11 `Water Act 2000, schedule 4.'. 12 TOWNSVILLE/THURINGOWA WATER SUPPLY 13 � BOARD ACT 1987 14 1. Section 33, `Water Resources Act 1989'-- 15 omit, insert-- 16 `Water Act 2000'. 17

363 Water SCHEDULE 3 (continued) WATER RESOURCES ACT 1989 1 � 1. Section 93-- 2 insert-- 3 `(1A) The notice attaches to the land and binds the owner and the 4 owner's successors in title. 5 `(1B) If the chief executive gives an owner of a referable dam a notice 6 under subsection (1)(b), the chief executive must give a copy of the notice to 7 the Registrar of Titles. 8 `(1C) The Registrar of Titles must maintain records in a way that a 9 search of the register maintained by the registrar under any Act relating to 10 the land will show that a notice has been given under subsection (1)(b) for 11 the land and that particulars of the notice may be obtained from the chief 12 executive.'. 13 2. Section 224J, definition "compliance section", `or 76'-- 14 omit, insert-- 15 `, 76 or 93'. 16 3. Sections 3 to 6, 8(2),12,13,16,18 to 22, 25 to 25K, 25M, 26, 27, 33 to 17 35, 37A, 37B, 79 to 90A, 104 to 109, 215C to 215J, 215M to 215Y, 252 18 to 256-- 19 omit. 20 4. Sections 215K and 215L-- 21 omit. 22 5. Section 234-- 23 omit. 24

364 Water SCHEDULE 3 (continued) HISTLEBLOWERS PROTECTION ACT 1994 1 �W 1. Schedule 2, entry for Water Resources Act 1989-- 2 omit, insert-- 3 `Water Act 2000 4 � section 272 (Immediate suspension of permit in exceptional 5 circumstances) 6 � section 273 (Notice to owner of land to remove vegetation etc.) 7 � section 814 (Offence to destroy vegetation, excavate or place fill 8 without permit)'. 9

365 Water SCHEDULE 4 1 � DICTIONARY 2 section 3 3 "administrator" means a person appointed under section 955(2) to operate 4 a service provider's infrastructure. 5 "allocation notice" see section 283. 6 "alternative institutional structure" includes a cooperative, corporation 7 and trust. 8 "annual report", for a water authority, means its annual report under the 9 Financial Administration and Audit Act 1977. 10 "application day", for an application, means-- 11 (a) if the chief executive does not request further information from 12 the applicant about the application--the day the chief executive 13 received the application; or 14 (b) if the chief executive requests further information from the 15 applicant about the application--the day the chief executive 16 receives the information. 17 "appointer" see section 739(1). 18 "appropriately qualified", for a person to whom a power may be 19 delegated, includes having the qualifications, experience or standing 20 appropriate to exercise the power. 21 "approved form" means a form approved under section 1014. 22 "artesian bore" includes a shaft, well, gallery, spear or excavation, and any 23 works constructed in connection with the shaft, well, gallery, spear or 24 excavation, that taps an aquifer and the water flows, or has flowed, 25 naturally to the surface. 26 "artesian water" means water that occurs naturally in, or is introduced 27 artificially into, an aquifer, which if tapped by a bore, would flow 28 naturally to the surface. 29

366 Water SCHEDULE 4 (continued) "assessment manager" has the meaning given by the Integrated Planning 1 Act 1997, section 3.1.7.39 2 "authorised officer" means a person appointed as an authorised officer 3 under section 739. 4 "authorised person", of a service provider, means a person authorised by 5 the service provider under chapter 3, part 2, division 4. 6 "authority area", for a water authority, see section 413(1). 7 "available for inspection and purchase" see section 1010. 8 "bed and banks", for a watercourse or lake, means land over which the 9 water of the watercourse or lake normally flows or that is normally 10 covered by the water, whether permanently or intermittently; but does 11 not include land adjoining or adjacent to the bed or banks that is from 12 time to time covered by floodwater. 13 "board" see section 597. 14 "bulk water service provider" means a service provider who sells water 15 on a wholesale basis to another service provider. 16 "capital structure", for a water authority, means the authority's level of 17 debt compared to its level of equity. 18 "category 1 water authority" means-- 19 (a) the Gladstone Area Water Board; or 20 (b) the Mount Isa Water Board. 21 "category 2 water authority" means a water authority other than a 22 category 1 water authority. 23 "commercialisation" see section 637. 24 "community service obligations", of a category 1 water authority, means 25 39 Under section 3.1.7 (Assessment manager) of the Integrated Planning Act, the "assessment manager", for an application for a development approval is generally the local government for the area in which the development is to be carried out. However, in some circumstances, it may be another entity prescribed under a regulation under that Act or decided by the Minister administering that Act.

367 Water SCHEDULE 4 (continued) the obligations to do anything the authority is satisfied-- 1 (a) are not in the authority's commercial interests to perform; and 2 (b) arise because of-- 3 (i) a direction by the Minister or a joint direction by the Minister 4 and Treasurer; or 5 (ii) notice by the Minister of a public sector policy that is to 6 apply to the authority; and 7 (c) do not arise because of the application of the following key 8 commercialisation principles and their elements-- 9 (i) principle 3--accountability for performance; 10 (ii) principle 4--competitive neutrality. 11 "compliance notice" means a notice given under section 780. 12 "concurrence agency" , for a development application, has the meaning 13 given by the Integrated Planning Act 1997.40 14 "connection" means a property service that supplies either water supply 15 services or sewerage services, or both, to a premises for domestic or 16 commercial purposes. 17 "convicted" includes a finding of guilty, and the acceptance of a plea of 18 guilty, by a court, whether or not a conviction is recorded. 19 "customer"-- 20 1. "Customer", of a service provider that is a local government, 21 means a ratepayer of the local government who enjoys registered 22 services supplied by the local government. 23 2. "Customer", of a service provider other than a local government, 24 means a person who purchases registered services supplied by the 25 service provider on premises other than a public place or premises 26 40 Under the Integrated Planning Act, the concurrence agency for a development application is the entity prescribed under a regulation under that Act as a concurrence agency for the application or, if the functions of the entity in relation to the application have been devolved or delegated to another entity, the other entity.

368 Water SCHEDULE 4 (continued) owned by a service provider. 1 3. "Customer", of a water authority, means a person, other than a 2 ratepayer, for whom the authority carries out water activities. 3 "customer service standard"-- 4 1. "Customer service standard" means a standard prepared under 5 section 424. 6 2. The term includes the standard, as revised under section 428. 7 "dam"-- 8 1. "Dam" means works that include-- 9 (a) a barrier, whether permanent or temporary, that does or 10 could or would impound, divert or control water; and 11 (b) the storage area created by the works. 12 2. The term does not include a rainwater tank. 13 "de facto spouse" means either 1 of 2 persons, whether of the same or the 14 opposite sex, who are living or have lived together-- 15 (a) on a genuine domestic basis in a relationship based on intimacy, 16 trust and personal commitment to each other; and 17 (b) not only as cotenants. 18 "destruction", of vegetation, means the removing, clearing, killing, cutting 19 down, felling, ringbarking, digging up, pushing over, pulling over or 20 poisoning of the vegetation. 21 "development" has the meaning given by the Integrated Planning Act 22

369 Water SCHEDULE 4 (continued) 1997, section 1.3.2.41 1 "development application" means an application for a development 2 approval. 3 "development approval" means a development approval as defined under 4 the Integrated Planning Act 1997.42 5 "development condition"-- 6 1. "Development condition", of a development approval, means a 7 condition of the approval imposed by, or imposed because of a 8 requirement of, the chief executive as assessment manager or 9 concurrence agency for the application for the approval. 10 2. "Development condition", includes-- 11 (a) a safety condition; or 12 (b) a condition mentioned in section 1068 or 1069. 13 "development permit" means a development permit as defined under the 14 Integrated Planning Act 1997. 15 "director", for a water authority, means a person appointed as a director of 16 the authority's board under section 600. 17 "dispute notice" means a notice given under section 891(2). 18 "dividend", for chapter 4, includes an amount in the nature of a dividend. 19 "document certification requirement" see section 760(5). 20 41 Integrated Planning Act 1997, section 1.3.2 (Meaning of "development")-- 1.3.2. "Development" is any of the following-- (a) carrying out building work; (b) carrying out plumbing or drainage work; (c) carrying out operational work; (d) reconfiguring a lot; (e) making a material change of use of premises. Chapter 1, part 3, division 3 of the Integrated Planning Act contains supporting definitions and explanations for the term "development". 42 Under the Integrated Planning Act 1997, a development approval is required for certain development. A development approval may be in the form of a preliminary approval, a development permit or a combination of both of them.

370 Water SCHEDULE 4 (continued) "document production requirement" see section 760(6). 1 "domestic purposes" includes irrigating a garden, not exceeding .25 ha, 2 being a garden cultivated for domestic use and not for the sale, barter 3 or exchange of goods produced in the garden. 4 "ecological outcome" means a consequence for an ecosystem in its 5 component parts specified for aquifers, drainage basins, catchments, 6 subcatchments and watercourses. 7 "ecosystem" means a dynamic combination of plant, animal and 8 micro-organism species and communities and their non-living 9 environment and the ecological processes between them interacting as 10 a functional unit. 11 "environmental flow objective", for a water resource plan, means a flow 12 objective for the protection of the health of natural ecosystems for the 13 achievement of ecological outcomes. 14 "environmental management rules", for a resource operations plan, 15 means the environmental management rules included in the plan. 16 "establishment proposal", for a water authority, means the proposal, 17 notice of which was given under section 552(1), to establish the 18 authority. 19 "establishment regulation" means a regulation made under section 598 20 establishing a water authority. 21 "executive officer", of a corporation, means a person who is concerned 22 with, or takes part in, the corporation's management, whether or not 23 the person is a director or the person's position is given the name of 24 executive officer. 25 "failure", of a referable dam, means-- 26 (a) the physical collapse of all or part of the dam; or 27 (b) the uncontrolled release of any of its contents. 28 "failure impact assessment" see section 482. 29 "fill", for chapter 2, part 8, means any kind of material in solid form 30 (whether or not naturally occurring) capable of being deposited at a 31 place. 32

371 Water SCHEDULE 4 (continued) "fire fighting purposes" includes training for fire fighting and testing fire 1 fighting equipment. 2 "fire fighting system" means a system of water pipes, fire hydrants and 3 water storage or pumping facilities connected to a water service 4 provider's infrastructure for fire fighting purposes. 5 "flood mitigation manual" means a manual prepared under section 496. 6 "floodwater" means water overflowing, or that has overflowed, from a 7 watercourse or lake onto or over riparian land that is not submerged 8 when the watercourse or lake flows between or is contained within its 9 bed and banks. 10 "flow conditions", for a water allocation, means-- 11 (a) the rate of flow of water a watercourse, lake or spring or overland; 12 or 13 (b) the level of water in a watercourse, lake, spring, aquifer, dam or 14 weir. 15 "former water area" means a drainage area or water supply area 16 established under the repealed Act. 17 "former water board" means a drainage board, water board or water 18 supply board established under the-- 19 (a) the repealed GAWB Act; or 20 (b) part 10 of the repealed Act. 21 "full cost pricing", for a category 1 water authority, is charging for goods 22 or services taking into account the full cost of providing the goods or 23 services, including amounts equivalent to-- 24 (a) government taxes that are not otherwise payable to the 25 Commonwealth, State or local government; and 26 (b) debt guarantee fees for State guarantees. 27 "full supply level" means the level of the water surface when the water 28 storage is at maximum operating level when not affected by flood. 29 "hazardous waste" means any substance, whether liquid, solid or gaseous, 30 derived by, or resulting from, the processing of minerals that tends to 31

372 Water SCHEDULE 4 (continued) destroy life or impair or endanger health. 1 "height", for a weir, barrage or dam, means the measurement of the 2 difference in level between the natural bed of the watercourse at the 3 downstream toe of the barrier or, if the barrier is not across a 4 watercourse, between the lowest elevation of the outside limit of the 5 barrier and the top of the barrier. 6 "indirect financial or personal interest", for a director, includes a 7 financial or personal interest of the director's spouse, relative, partner 8 or person with whom the director lives in a domestic relationship. 9 "information notice", for a decision of the Minister, chief executive or 10 regulator, means a notice stating the following-- 11 (a) the decision; 12 (b) the reasons for the decision; 13 (c) that the person given the notice may appeal against the decision 14 within 30 business days after the day the notice is given and how 15 the person may appeal. 16 "interested person" see section 851. 17 "interim enforcement order" see section 784(1). 18 "interim resource operations licence" means a licence granted under 19 section 175. 20 "interim water allocation" means-- 21 (a) an authority to take water managed under an interim resource 22 operations licence that represents a volumetric share of water; and 23 (b) any conditions attaching to the authority. 24 "internal review" see section 862(1). 25 "interstate law" means a law of another State, including a repealed law, 26 regulating the taking or using of water or the drilling of a water bore. 27 "interstate resource operations licence" means a licence that is granted 28 under an interstate law and authorises the licence holder to manage the 29 taking or using of water by other licensees. 30

373 Water SCHEDULE 4 (continued) "irrigation service" means the supply of water or drainage services for 1 irrigation of crops or pastures for commercial gain. 2 "key commercialisation principles" see section 638. 3 "lake" includes-- 4 (a) a lagoon, swamp or other natural collection of water, whether 5 permanent or intermittent; and 6 (b) in a provision about the exercise of the authority to the use, flow 7 and control of water-- 8 (i) the bed and banks; and 9 (ii) the elements that confine or contain the water. 10 "large service provider" means-- 11 (a) a bulk water service provider; or 12 (b) for a retail water service or sewerage service--a service provider 13 with more than 25 000 connections to a registered service; or 14 (c) for an irrigation service--a service provider with 50 000 ML or 15 more annual throughput. 16 "medium service provider" means-- 17 (a) for a retail water service or sewerage service--a service provider 18 with more than 1 000 but not more than 25 000 connections to a 19 registered service; or 20 (b) for an irrigation service--a service provider with less than 21 500 users and between 20 000 and 49 999 ML annual throughput. 22 "moratorium notice" see section 42. 23 "notice" means written notice. 24 "occupier", of land, means the person in actual occupation of the land or, if 25 there is no person in actual occupation, the person entitled to 26 possession of the land. 27 "officer", of a water authority, means-- 28 (a) a director of the authority; or 29

374 Water SCHEDULE 4 (continued) (b) the authority's chief executive officer; or 1 (c) another person who is concerned, or takes part, in the authority's 2 management. 3 "original decision" see section 851(5). 4 "other resources" means quarry material and riverine vegetation. 5 "overdue charge" see section 574(3). 6 "overdue rate" see section 574(3). 7 "overland flow water" 8 1. "Overland flow water" means water, including floodwater, 9 flowing over land, otherwise than in a watercourse or lake-- 10 (a) after having fallen as rain or in any other way; or 11 (b) after rising to the surface naturally from underground. 12 2. "Overland flow water" does not include-- 13 (a) rainfall or runoff that naturally infiltrates the soil in normal 14 farming operations, including infiltration occurring in 15 farming activity such as clearing, replanting and broadacre 16 ploughing; or 17 (b) tailwater from irrigation if the tailwater recycling meets best 18 practice requirements; or 19 (c) water collected from roofs for rainwater tanks. 20 "owner", of a referable dam, means the owner of land on which the 21 referable dam is constructed, or is to be constructed. 22 "owner", of land, means any of the following, and includes the occupier of 23 the land-- 24 (a) the registered proprietor of the land; 25 (b) the lessee or licensee under the Land Act 1994 of the land; 26 (c) the holder of a mineral development licence or mining lease under 27 the Mineral Resources Act 1989; 28 (d) the person or body of persons who, for the time being, has lawful 29

375 Water SCHEDULE 4 (continued) control of the land, on trust or otherwise; 1 (e) the person who is entitled to receive the rents and profits of the 2 land. 3 "performance indicator" means a measure that can be calculated and is 4 stated in a water resource plan to assess the impact of an allocation and 5 management decision or proposal on water entitlements and natural 6 ecosystems. 7 "performance plan", for a water authority, means the authority's 8 performance plan agreed to by the Minister under section 656, or taken 9 to be agreed to by the Minister under section 657(2) or (4). 10 "placing of fill" in a watercourse, lake or spring includes doing something 11 that, in conjunction with other acts (regardless of who does those acts) 12 or happenings (regardless of who, if anyone, causes those happenings) 13 is likely to result in the depositing of fill in the watercourse, lake or 14 spring. 15 "plan area", for any plan under this Act, means the part of Queensland to 16 which the plan applies. 17 "premises" means-- 18 (a) a lot as defined under the Integrated Planning Act 1997, 19 section 1.3.5; or 20 (b) for a lot under the Body Corporate and Community Management 21 Act 1997 or the Building Units and Group Titles Act 1980--the 22 common property for the lot. 23 "prescribed offence" means an offence against this Act for which the 24 maximum penalty of imprisonment is 2 or more years. 25 "priority group", for water allocations managed under a resource 26 operations licence, means the allocations that have the same water 27 allocation security objective. 28 "process", for sections 46(2)(e), 98(2)(c) and (d), 108, 122, 137, 176, 189 29 and 212, means selling or dealing with water entitlements or interim 30 resource operations licences by public auction, public ballot or public 31 tender. 32

376 Water SCHEDULE 4 (continued) "prohibited substance", for sewerage, means a matter stated in 1 schedule 1. 2 "properly made submission" means a submission that-- 3 (a) is made by a person invited to make the submission; and 4 (b) is in writing and is signed by each person who made the 5 submission; and 6 (c) is received on or before the last day for the making of the 7 submission; and 8 (d) states the name and address of each person who made the 9 submission; and 10 (e) states the grounds of the submission and the facts and 11 circumstances relied on in support of the grounds; and 12 (f) is received by the person stated in the notice inviting the 13 submission. 14 "property service" means a short pipe installed for connecting premises to 15 a service provider's infrastructure. 16 "proposed plan area"-- 17 (a) for a draft water resource plan--means the part of Queensland to 18 which a water resource plan, if approved, will apply; or 19 (b) for a draft resource operations plan--means the part of the plan 20 area for a water resource plan to which a resource operations plan, 21 if approved, will apply. 22 "publish"-- 23 1. "Publish", for a notice under section 21, 214 or 246 means to 24 publish the notice-- 25 (a) in a newspaper circulating generally throughout the area for 26 which the notice is published; or 27 (b) by notice to an affected licensee or permittee. 28 2. "Publish", for a notice under section 22 or chapter 2, part 3 or 4, 29 means to publish the notice-- 30

377 Water SCHEDULE 4 (continued) (a) in a newspaper circulating generally throughout the area for 1 which the notice is published; and 2 (b) in any other newspaper the Minister considers appropriate; 3 and 4 (c) on the department's web site on the internet. 5 3. "Publish", for a notice under another provision of this Act, means 6 to publish the notice-- 7 (a) in a newspaper circulating generally throughout the area for 8 which the notice is published; and 9 (b) in any other newspaper the chief executive considers 10 appropriate. 11 "quarry material"-- 12 1. "Quarry material" means material, other than a mineral within the 13 meaning of any Act relating to mining, in a watercourse or lake. 14 2. "Quarry material" includes stone, gravel, sand, rock, clay, earth 15 and soil unless it is removed from the watercourse or lake as 16 waste material. 17 "ratepayer", for a water authority, means a person on whom the authority 18 may levy a rate under section 572. 19 "reasonably believes" means believes on grounds that are reasonable in the 20 circumstances. 21 "referable dam" see section 481. 22 "referral agency", for a development application, has the meaning given by 23 the Integrated Planning Act 1997. 24 "registered owner", of land, means-- 25 (a) the registered owner of the land under the Land Title Act 1994; or 26 (b) the lessee or licensee of the land under the Land Act 1994. 27 "registered professional engineer" means a registered professional 28 engineer, a registered professional engineering company or a registered 29 professional engineering unit as defined under the Professional 30

378 Water SCHEDULE 4 (continued) Engineers Act 1988. 1 "registered service", for a service provider, means a water or sewerage 2 service for which the service provider is registered. 3 "registrar" means the registrar appointed under section 146. 4 "regular audit" means an audit conducted under section 417. 5 "regulator" means the chief executive. 6 "repealed Act" means the repealed Water Resources Act 1989. 7 "repealed Acts" means the-- 8 (a) repealed GAWB Act; or 9 (b) repealed Act. 10 "repealed GAWB Act" means the repealed Gladstone Area Water Board 11 Act 1984. 12 "resource operations licence" means a licence granted under chapter 2, 13 part 4, division 3. 14 "resource operations plan" means a plan approved under section 103(2). 15 "retail water service"-- 16 1. "Retail water service" means a reticulated water service in a 17 service area for a water service. 18 2. The term does not include the supply of a water service for 19 irrigation and bulk water supply purposes in any area. 20 "review decision" see section 864(1). 21 "reviewer" see section 862(1). 22 "review notice" see section 864(2). 23 "safety condition", for a dam, means a condition for a referable dam 24 decided by the chief executive under section 491 or changed under 25 section 492. 26 "seasonal water assignment rules" means the rules stated in a regulation 27 or resource operations plan that allow approval of applications for 28 proposed seasonal water assignments. 29

379 Water SCHEDULE 4 (continued) "service area" means an area declared under section 449 for either or both 1 of the following-- 2 (a) a retail water service to customers; 3 (b) a sewerage service to customers. 4 "service provider" means a water service provider or a sewerage service 5 provider. 6 "service provider register" means the register kept under section 516. 7 "sewerage" means a sewer, access chamber, vent, engine, pump, structure, 8 machinery, outfall or other work used to receive, store, transport or 9 treat sewage. 10 "sewerage service"-- 11 1. "Sewerage service" means-- 12 (a) sewage treatment; or 13 (b) the collection and transmission of sewage through 14 infrastructure; or 15 (c) the disposal of sewage or effluent. 16 2. For chapter 3, part 2, the term does not include a service supplied 17 by infrastructure, if-- 18 (a) the infrastructure is used solely for mining purposes; or 19 (b) the only user of the service is the owner of the infrastructure 20 or the owner's guests or employees, including, for example, 21 guests at a resort. 22 "sewerage service provider" means a person registered under chapter 3, 23 part 2, as a service provider for a sewerage service. 24 "show cause notice" means a notice that complies with section 779. 25 "small service provider" means-- 26 (a) for a retail water service or sewerage service--a service provider 27 with 1 000 or less connections to a registered service; or 28 (b) for an irrigation service--a service provider with 100 or less users 29

380 Water SCHEDULE 4 (continued) and less than 20 000 ML annual throughput. 1 "spot audit" means an audit conducted under section 419. 2 "spouse" includes a de facto spouse. 3 "spring" means the land to which water rises naturally from below the 4 ground and the land over which the water then flows. 5 "State quarry material" means-- 6 (a) quarry material that is the property of the State under section 279; 7 and 8 (b) if quarry material not mentioned in paragraph (a) is reserved 9 under the Land Act 1994, section 22, and is in a watercourse or 10 lake--the quarry material. 11 "storage capacity" means the capacity of water ordinarily stored in a thing. 12 "stormwater drainage" means a drain, channel, pipe, chamber, structure, 13 outfall or other work used to receive, store, transport or treat 14 stormwater. 15 "strategic asset management plan" means a plan certified by a registered 16 professional engineer under chapter 3, part 3. 17 "subartesian bore" includes a shaft, well, gallery, spear or excavation, and 18 any works constructed in connection with the shaft, well, gallery, spear 19 or excavation, that taps an aquifer and the water does not flow and 20 never has flowed naturally to the surface. 21 "subartesian water" means water that occurs naturally in, or is introduced 22 artificially into, an aquifer, which if tapped by a bore, would not flow 23 naturally to the surface. 24 "submitter" means a person who made a properly made submission under 25 this Act. 26 "submitter notice" see section 863(3). 27 "supply contract" means a contract for the storage and supply of water 28 under a water entitlement. 29 "sustainable management" see section 10(2). 30

381 Water SCHEDULE 4 (continued) "taking", for water, includes diverting water. 1 "top of the barrier", for a weir, barrage or dam, means the level of the top 2 of the barrier exclusive of any parapet or ancillary structure or, if the 3 barrier includes a spillway, the level of the top of the abutment walls 4 adjoining the spillway exclusive of any parapet or ancillary structure. 5 "trade waste" means water-borne waste from business, trade or 6 manufacturing premises, other than-- 7 (a) waste that is a prohibited substance; or 8 (b) human waste; or 9 (c) stormwater. 10 "trade waste approval" see section 469. 11 "transfer", of a resource operations licence, an interim resource operations 12 licence or a water allocation, means the passing of the legal or 13 beneficial interest in the licence or allocation. 14 "underground water" means artesian water and subartesian water. 15 "vegetation" means any native plants, and includes any native trees, 16 shrubs, bushes, seedlings, saplings and reshoots. 17 "water" means-- 18 (a) water in a watercourse, lake or spring; or 19 (b) underground water; or 20 (c) overland flow water; or 21 (d) water that has been collected in a dam. 22 "water activity", for a water authority, includes an activity for the 23 following-- 24 (a) water conservation; 25 (b) water supply; 26 (c) irrigation; 27 (d) drainage, including stormwater drainage; 28 (e) flood prevention; 29

382 Water SCHEDULE 4 (continued) (f) floodwater control; 1 (g) underground water supply improvement or replenishment; 2 (h) sewerage; 3 (i) anything else dealing with water management. 4 "water allocation" means an authority granted under section 121 or 122 to 5 take water. 6 "water allocation security objective" means an objective that may be 7 expressed as a performance indicator and is stated in a water resource 8 plan for the protection of the probability of being able to obtain water in 9 accordance with a water allocation. 10 "water allocations register" means the register kept under section 147. 11 "water allocation transfer rules"-- 12 1. "Water allocation transfer rules", for a resource operations plan, 13 means the water allocation transfer rules included in the plan. 14 2. "Water allocation transfer rules", for a resource operations plan, 15 includes rules in the plan for changes to water allocations. 16 "water authority" means a water authority established under this Act. 17 "water bore" means an artesian bore or a subartesian bore. 18 "watercourse"-- 19 1. "Watercourse" means a river, creek or stream in which water 20 flows permanently or intermittently-- 21 (a) in a natural channel, whether artificially improved or not; or 22 (b) in an artificial channel that has changed the course of the 23 watercourse; 24 but, in any case, only-- 25 (c) if paragraph (d) does not apply--at every place upstream of 26 the point to which the spring tide normally flows and 27 reflows, whether due to a natural cause or an artificial barrier; 28 or 29

383 Water SCHEDULE 4 (continued) (d) if a regulation has declared an upstream or downstream 1 limit, or both, for the watercourse, the part of the river, creek 2 or stream within the limit. 3 2. "Watercourse" includes the bed and banks and any other element 4 of a river, creek or stream confining or containing water. 5 "water entitlement" means a water allocation, interim water allocation or 6 water licence. 7 "water infrastructure" means works operated by the State or the holder of 8 an interim resource operations licence, resource operations licence or 9 other authorisation that is relevant to the management of water 10 entitlements. 11 "water licence" means a licence granted under chapter 2, part 6, division 2. 12 "water permit" means a permit granted under chapter 2, part 6, division 4. 13 "water sharing rules", for a resource operations plan, means the water 14 sharing rules included in the plan. 15 "water resource plan" means a plan approved under section 50(2). 16 "water restriction" see section 388(2). 17 "water service"-- 18 1. "Water service" means-- 19 (a) water harvesting or collection, including, for example, water 20 storages, groundwater extraction or replenishment and river 21 water extraction; or 22 (b) the transmission of water; or 23 (c) the reticulation of water; or 24 (d) drainage, other than stormwater drainage; or 25 (e) water treatment or recycling. 26 2. For chapter 3, part 3, the term does not include a service supplied 27 by infrastructure, if-- 28 (a) the infrastructure is used solely for mining purposes; or 29

384 Water SCHEDULE 4 (continued) (b) the only user of the service is the owner of the infrastructure 1 or the owner's guests or employees, including, for example, 2 guests at a resort. 3 "water service provider" means a person registered under chapter 3, 4 part 2, as a service provider for a water service. 5 "water year", for a resource operations plan, interim resource operations 6 licence or water licence, means the accounting period stated in the plan 7 or licence for taking water under the plan or licence. 8 "weir" means a barrier constructed across a watercourse below the banks of 9 the watercourse that hinders or obstructs the flow of water in the 10 watercourse. 11 "works" means-- 12 (a) operations of any kind and all things constructed, erected or 13 installed for the purposes of this Act; and 14 (b) any land used for the operations. 15 � State of Queensland 2000

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