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Queensland
Water Legislation (Dam Safety
and Water Supply
Enhancement) and Other
Legislation Amendment
Bill 2012
Queensland
Water Legislation (Dam Safety and Water
Supply Enhancement) and Other
Legislation Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Electricity Act 1994
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Replacement of s 44A (Additional condition to allow credit for
electricity produced by small photovoltaic generators). . . . . . . . . 8
44A Additional condition to allow credit for electricity
produced by small photovoltaic generators . . . . . . . . 8
5 Amendment of s 55DB (Additional condition about electricity
produced by small photovoltaic generators) . . . . . . . . . . . . . . . . . 10
6 Amendment of s 328 (Qualifying generators connected, or about
to be connected, to supply network). . . . . . . . . . . . . . . . . . . . . . . 11
7 Insertion of new ch 14, pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 14 Transitional provision for Water Legislation
(Dam Safety and Water Supply Enhancement)
and Other Legislation Amendment Act 2012
335 When s 328 stops applying or does not apply to
qualifying generators as previously defined . . . . . . . . 11
8 Amendment of sch 5 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of Water Act 2000
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Replacement of ch 2, pt 2, div 4 hdg . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 31 (Application of, and definitions for, div 4) . . . 13
12 Omission of ss 32-34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 34B (Effect of temporary full supply level on
resource operations plan). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Contents
14 Amendment of s 34C (Obligations of operator if temporary full
supply level declared). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
15 Omission of s 34D (Chief executive must review safety requirements) 14
16 Renumbering of ss 34B-34E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Amendment of s 345 (Main functions of commission) . . . . . . . . . 14
18 Insertion of new ch 9, pt 5, div 18. . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 18 Transitional provision for Water Legislation
(Dam Safety and Water Supply Enhancement)
and Other Legislation Amendment Act 2012
1209 Continuation of existing temporary full supply level . . 15
19 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 4 Amendment of Water Supply (Safety and Reliability) Act
2008
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Amendment of s 70 (Requirement for strategic asset
management plan) ................................. 16
22 Replacement of s 78 (Application of div 2) . . . . . . . . . . . . . . . . . . 17
78 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
23 Amendment of s 122 (Application of div 6). . . . . . . . . . . . . . . . . . 17
24 Amendment of s 123 (Preparing drought management plans) . . 17
25 Amendment of s 133 (Particular water service providers to have
outdoor water use conservation plans) . . . . . . . . . . . . . . . . . . . . 17
26 Amendment of ch 4 hdg (Referable dams and flood mitigation) . 17
27 Amendment of s 343 (When dam must be failure impact assessed) 18
28 Insertion of new ch 4, pt 1, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2A Emergency action planning and reporting
Subdivision 1 Preliminary
352A Definitions for div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 18
352B What is a dam failure hazard . . . . . . . . . . . . . . . . . . . 20
352C What is a downstream release hazard . . . . . . . . . . . . 20
352D What is the relevant disaster management group for an
emergency action plan . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2 Requirements for emergency action plans
352E Requirement for approved emergency action plan. . . 21
352F Requirement to prepare emergency action plan . . . . 21
Subdivision 3 Preparation of emergency action plans
352G Disaster management review of plan . . . . . . . . . . . . . 22
352H Content of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Page 2
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Contents
Subdivision 4 Approving emergency action plans
352I Chief executive to consider plan . . . . . . . . . . . . . . . . 24
352J Criteria for approving plan . . . . . . . . . . . . . . . . . . . . . 24
352K Approval of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
352L Refusal to approve plan . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 5 Keeping and publishing emergency action
plans
352M Register of approved emergency action plans . . . . . . 25
352N Dam owner must ensure particular individuals have
access to plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 6 Reviewing emergency action plans
352O Review by chief executive and direction to prepare and
submit new plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
352P Review by dam owner . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 7 Amending emergency action plans
352Q Amending plan by agreement . . . . . . . . . . . . . . . . . . 27
352R Substantive amendment of plan . . . . . . . . . . . . . . . . . 28
Subdivision 8 Renewing emergency action plans
352S Renewal of plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Subdivision 9 Emergency event reporting
352T Preparation and submission of emergency event report 29
352U Preparation and submission of emergency event interim
report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
352V Content of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
29 Replacement of ch 4, pt 2 hdg and ss 370 and 371. . . . . . . . . . . 32
Division 1 Preliminary
370 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
371 What is a flood event . . . . . . . . . . . . . . . . . . . . . . . . . 33
371A Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Preparation of flood mitigation manuals
371B Requirement for approved flood mitigation manual . . 34
371C Requirement to prepare flood mitigation manual . . . . 34
371D Content of manual . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 3 Approving flood mitigation manuals
371E Minister to consider manual . . . . . . . . . . . . . . . . . . . 36
371F Criteria for approving manual . . . . . . . . . . . . . . . . . . . 36
371G Approval of manual. . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Page 3
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Contents
371H Refusal to approve manual. . . . . . . . . . . . . . . . . . . . . 37
30 Amendment of s 372 (Amending flood mitigation manual). . . . . . 37
31 Amendment of s 373 (Regular reviews of flood mitigation manual) 37
32 Replacement of ss 374 and 375. . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 5 Renewing flood mitigation manuals
374 Preparation and submission of new manual. . . . . . . . 38
Division 6 Annual preparedness reports
375 Dam owner must prepare and submit report . . . . . . . 38
376 Content of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 7 Qualifications, experience and training for
responsible persons
377 Chief executive may require dam owner to ensure
responsible person has qualifications etc. . . . . . . . . . 40
Division 8 Authorising alternative operational procedures
378 Application of div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
379 Dam owner must seek authorisation for alternative
procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
380 Chief executive must decide whether or not to authorise
alternative procedure . . . . . . . . . . . . . . . . . . . . . . . . . 42
381 Authorisation to observe alternative procedure if chief
executive can not be contacted . . . . . . . . . . . . . . . . . 43
382 End of authorisation of alternative procedure. . . . . . . 43
Division 9 Flood event reporting
383 Preparation and submission of flood event report . . . 44
384 Preparation and submission of flood event interim report 44
385 Content of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 10 General matters
386 Protection from liability under pt 2 . . . . . . . . . . . . . . . 46
387 Protection from liability for complying with flood mitigation
manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Declaring temporary full supply levels to
mitigate flood or drought
Division 1 Preliminary
388 Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
389 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2 Obtaining information and advising Minister
390 Minister must require information about impacts of
proposed temporary full supply level . . . . . . . . . . . . . 48
Page 4
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Contents
391 Chief executive must issue notice for information about
impacts of proposed temporary full supply level . . . . 49
392 Chief executive must consult with dam owner . . . . . . 50
393 Chief executive must give feasibility advice to Minister 50
394 Chief executive may give later feasibility advice . . . . . 51
Division 3 Declaring temporary full supply level
395 Minister may declare temporary full supply level . . . . 52
Division 4 Reviewing safety requirements for temporary
full supply level
396 Chief executive must review safety requirements. . . . 53
397 Changing safety conditions in response to review . . . 53
398 Amending flood mitigation manual in response to review 53
Division 5 Miscellaneous provision
399 No compensation payable . . . . . . . . . . . . . . . . . . . . . 54
33 Amendment of s 538 (Sections 538-559 not used) . . . . . . . . . . . 54
34 Insertion of new s 559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
559 Definition for pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
35 Amendment of s 561 (Development applications for referable dams) 55
36 Amendment of s 562 (When applicant may appeal to Land Court) 55
37 Amendment of s 633 (Application of particular provisions--other
schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
38 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Part 5 Transitional provisions for Water Legislation
(Dam Safety and Water Supply Enhancement)
and Other Legislation Amendment Act 2012
644 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
645 Owner of existing dam must prepare and submit
emergency action plan . . . . . . . . . . . . . . . . . . . . . . . . 56
646 Emergency event reporting for owner of existing dam 57
647 Particular safety conditions and development conditions
taken to have been complied with . . . . . . . . . . . . . . . 57
648 Continuation of existing flood mitigation manuals . . . 58
649 Application of particular provisions to dam with existing
flood mitigation manual . . . . . . . . . . . . . . . . . . . . . . . 59
650 Reporting period for first annual preparedness report for
dam with existing flood mitigation manual . . . . . . . . . 59
651 Effect of regulation amendment . . . . . . . . . . . . . . . . . 60
39 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 60
Page 5
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Contents
Part 5 Amendment of Water Supply (Safety and Reliability)
Regulation 2011
40 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
41 Renumber of s 2 (Prescribed CSG environmental authorities) . . 63
42 Insertion of new s 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
2 Prescribed dams for submitting flood mitigation manuals
and flood event reports--Act, s 371A. . . . . . . . . . . . . 64
43 Amendment of schedule (Prescribed CSG environmental authorities) 64
Page 6
2012
A Bill
for
An Act to amend the Electricity Act 1994, the Water Act 2000,
the Water Supply (Safety and Reliability) Act 2008 and the
Water Supply (Safety and Reliability) Regulation 2011 for
particular purposes
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Water Legislation (Dam Safety 4
and Water Supply Enhancement) and Other Legislation 5
Amendment Act 2012. 6
Clause 2 Commencement 7
Part 2 commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Electricity Act 9
1994 10
Clause 3 Act amended 11
This part amends the Electricity Act 1994. 12
Clause 4 Replacement of s 44A (Additional condition to allow 13
credit for electricity produced by small photovoltaic 14
generators) 15
Section 44A-- 16
omit, insert-- 17
`44A Additional condition to allow credit for electricity 18
produced by small photovoltaic generators 19
`(1) It is also a condition of a distribution authority that the 20
distribution entity-- 21
Page 8
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Electricity Act 1994
[s 4]
(a) allow, as far as technically and economically 1
practicable, a small customer for a premises to connect 1 2
qualifying generator at the premises to its supply 3
network; and 4
(b) credit against the charges payable by a small customer, 5
for customer connection services provided to the small 6
customer in a relevant supply period, the amount for 7
each kilowatt hour prescribed under a regulation (a 8
prescribed credit amount) for electricity that is, at any 9
instant in the relevant supply period-- 10
(i) being produced by the qualifying generator when 11
connected to the distribution authority's supply 12
network; and 13
(ii) being supplied to the network; and 14
(iii) in excess of the amount of electricity being used by 15
the small customer, not including electricity 16
supplied through a circuit controlled by the 17
distribution entity; and 18
Example of a circuit controlled by the distribution entity-- 19
a remotely switched circuit used for off-peak supply of hot 20
water 21
(c) give the regulator a report, for each prescribed credit 22
amount, within 28 days after 30 June and 31 December 23
each year, stating the following-- 24
(i) the number of small customers who have 25
connected a qualifying generator to the network 26
under paragraph (a) in the previous 6 months; 27
(ii) the number of small customers who, at the end of 28
the previous 6 months, had a qualifying generator 29
connected to the network; 30
(iii) the number of small customers who stopped being 31
credited with a prescribed credit amount under 32
paragraph (b) in the previous 6 months; 33
(iv) the number of small customers who, at the end of 34
the previous 6 months, had stopped being credited 35
Page 9
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Electricity Act 1994
[s 5]
with a prescribed credit amount under paragraph 1
(b); 2
(v) for each retail entity--the total amount of credit 3
given by the distribution entity to the retail entity in 4
relation to small customers receiving credit under 5
paragraph (b) in the previous 6 months; 6
(vi) the amount of electricity supplied to the network in 7
the previous 6 months for which credit was given 8
under paragraph (b); 9
(vii) the total generation capacity of all qualifying 10
generators connected to the network. 11
`(2) A regulation may prescribe-- 12
(a) the circumstances in which a category of small customer 13
is entitled, or stops being entitled, to be credited with a 14
prescribed credit amount under subsection (1)(b) for the 15
category of small customer; and 16
(b) the day, not later than 1 July 2028, at the end of which 17
subsection (1)(b) stops applying, in any event, for a 18
particular category of small customer. 19
`(3) If a category of small customer becomes entitled to be 20
credited with a prescribed credit amount under subsection 21
(2)(a), the distribution authority is subject to the condition 22
mentioned in subsection (1)(b). 23
`(4) If a category of small customer stops being entitled to be 24
credited with a prescribed credit amount under subsection 25
(2)(a), the condition, under subsection (1)(b), of the 26
distribution authority about crediting a prescribed credit 27
amount also stops to the extent the prescribed credit amount is 28
for the category. 29
`(5) This section expires on 1 July 2028.'. 30
Clause 5 Amendment of s 55DB (Additional condition about 31
electricity produced by small photovoltaic generators) 32
(1) Section 55DB(1)(d), after `report,'-- 33
Page 10
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Electricity Act 1994
[s 6]
insert-- 1
`for each prescribed credit amount,'. 2
(2) Section 55DB(2)-- 3
omit. 4
(3) Section 55DB(3)-- 5
renumber as section 55DB(2). 6
Clause 6 Amendment of s 328 (Qualifying generators connected, 7
or about to be connected, to supply network) 8
Section 328-- 9
insert-- 10
`(4) This section is subject to section 335.'. 11
Clause 7 Insertion of new ch 14, pt 14 12
Chapter 14-- 13
insert-- 14
`Part 14 Transitional provision for Water 15
Legislation (Dam Safety and 16
Water Supply Enhancement) 17
and Other Legislation 18
Amendment Act 2012 19
`335 When s 328 stops applying or does not apply to 20
qualifying generators as previously defined 21
`(1) Section 328 stops applying to a small customer's qualifying 22
generator mentioned in section 328(1)(a) or (b) that is 23
connected at the small customer's premises to a distribution 24
entity's supply network if the name on an electricity account 25
for the premises is changed to another person. 26
Page 11
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 2 Amendment of Electricity Act 1994
[s 8]
Example of when the name on an electricity account may be changed-- 1
The premises are sold or rented out. 2
`(2) Subsection (1) does not apply if the name on the electricity 3
account is changed to a person whose spouse was a small 4
customer for the premises immediately before the person 5
became a small customer for the premises. 6
`(3) Section 328 does not apply to a small customer's qualifying 7
generator mentioned in section 328(1)(b) that is connected at 8
the small customer's premises to a distribution entity's supply 9
network if-- 10
(a) the qualifying generator has not been connected at the 11
premises to the network by the end of 30 June 2013; or 12
(b) the qualifying generator has not been ready to be 13
connected at the premises to the supply network by the 14
end of 30 June 2013. 15
`(4) Subsection (5) applies if, under this section, section 328 stops 16
applying, or does not apply, to a small customer's qualifying 17
generator that is a small photovoltaic generator. 18
`(5) It is a condition of the distribution entity's distribution 19
authority that, until a day (not later than 1 July 2028) 20
prescribed under a regulation, the distribution entity credit 21
against the charges payable by a small customer for the 22
premises, for customer connection services provided to the 23
small customer in a relevant supply period, the prescribed 24
credit amount for electricity mentioned in section 44A(1)(b). 25
`(6) In this section-- 26
qualifying generator has the same meaning as that term has 27
under section 328(2).'. 28
Clause 8 Amendment of sch 5 (Dictionary) 29
Schedule 5-- 30
insert-- 31
`prescribed credit amount see section 44A(1)(b).'. 32
Page 12
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 3 Amendment of Water Act 2000
[s 9]
Part 3 Amendment of Water Act 2000 1
Clause 9 Act amended 2
This part amends the Water Act 2000. 3
Clause 10 Replacement of ch 2, pt 2, div 4 hdg 4
Chapter 2, part 2, division 4, heading-- 5
omit, insert-- 6
`Division 4 Effect of declaration of temporary 7
full supply levels on relevant dams'. 8
Clause 11 Amendment of s 31 (Application of, and definitions for, 9
div 4) 10
(1) Section 31(1)(b), `part 2'-- 11
omit, insert-- 12
`part 2, division 3'. 13
(2) Section 31(1)-- 14
insert-- 15
`(c) a temporary full supply level is declared for the dam 16
under the Water Supply Act, chapter 4, part 3.'. 17
Clause 12 Omission of ss 32-34A 18
Sections 32 to 34A-- 19
omit. 20
Clause 13 Amendment of s 34B (Effect of temporary full supply 21
level on resource operations plan) 22
Section 34B, from `If a' to `declared and'-- 23
omit, insert-- 24
Page 13
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 3 Amendment of Water Act 2000
[s 14]
`While the declaration of the temporary full supply level for 1
the relevant dam'. 2
Clause 14 Amendment of s 34C (Obligations of operator if 3
temporary full supply level declared) 4
(1) Section 34C, heading, `if temporary full supply level 5
declared'-- 6
omit. 7
(2) Section 34C(1), from `a relevant dam' to `because of the 8
temporary full supply level'-- 9
omit, insert-- 10
`the relevant dam if-- 11
(a) because of the temporary full supply level for the dam'. 12
(3) Section 34C(1)(c)-- 13
renumber as section 34C(1)(b). 14
Clause 15 Omission of s 34D (Chief executive must review safety 15
requirements) 16
Section 34D-- 17
omit. 18
Clause 16 Renumbering of ss 34B-34E 19
Sections 34B to 34E-- 20
renumber as sections 32 to 34. 21
Clause 17 Amendment of s 345 (Main functions of commission) 22
(1) Section 345(b)-- 23
omit. 24
(2) Section 345(c)-- 25
renumber as section 345(b). 26
Page 14
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 3 Amendment of Water Act 2000
[s 18]
Clause 18 Insertion of new ch 9, pt 5, div 18 1
Chapter 9, part 5-- 2
insert-- 3
`Division 18 Transitional provision for Water 4
Legislation (Dam Safety and Water 5
Supply Enhancement) and Other 6
Legislation Amendment Act 2012 7
`1209 Continuation of existing temporary full supply level 8
`(1) This section applies to a temporary full supply level (an 9
existing temporary full supply level) declared for a dam under 10
pre-amended section 34A and in force immediately before the 11
commencement. 12
`(2) The existing temporary full supply level continues in force 13
until it ceases to have effect or the declaration is revoked. 14
`(3) Pre-amended sections 34A(3), 34B, 34C and 34E apply in 15
relation to the dam and the existing temporary full supply 16
level as if the sections had not been amended by the amending 17
Act. 18
`(4) Subject to subsection (5), the Water Supply Act, chapter 4, 19
part 3, division 4 applies to the existing temporary full supply 20
level as if a reference in the division to a temporary full supply 21
level were a reference to the existing temporary full supply 22
level. 23
`(5) The Water Supply Act, section 396, applies in relation to the 24
dam only if the existing temporary full supply level has been 25
declared for the dam for no longer than 1 month. 26
`(6) In this section-- 27
amending Act means the Water Legislation (Dam Safety and 28
Water Supply Enhancement) and Other Legislation 29
Amendment Act 2012. 30
commencement means the commencement of this section. 31
Page 15
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 19]
pre-amended, in relation to a provision, means the provision 1
as in force immediately before the commencement.'. 2
Clause 19 Amendment of sch 4 (Dictionary) 3
(1) Schedule 4, definitions temporary full supply level and water 4
security-- 5
omit. 6
(2) Schedule 4-- 7
insert-- 8
`temporary full supply level, for a dam, means the temporary 9
full supply level declared for the dam under the Water Supply 10
Act, chapter 4, part 3. 11
water security includes the reliability of water supply.'. 12
Part 4 Amendment of Water Supply 13
(Safety and Reliability) Act 2008 14
Clause 20 Act amended 15
This part amends the Water Supply (Safety and Reliability) 16
Act 2008. 17
Clause 21 Amendment of s 70 (Requirement for strategic asset 18
management plan) 19
Section 70, `service provider must'-- 20
omit, insert-- 21
`service provider, other than a small service provider 22
(non-urban), must'. 23
Page 16
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 22]
Clause 22 Replacement of s 78 (Application of div 2) 1
Section 78-- 2
omit, insert-- 3
`78 Application of div 2 4
`This division applies to a water service provider other than-- 5
(a) a water service provider who supplies only drainage 6
services; or 7
(b) a small service provider (non-urban).'. 8
Clause 23 Amendment of s 122 (Application of div 6) 9
Section 122-- 10
insert-- 11
`(c) a small service provider (non-urban).'. 12
Clause 24 Amendment of s 123 (Preparing drought management 13
plans) 14
Section 123(5), definition resource operations plan-- 15
omit. 16
Clause 25 Amendment of s 133 (Particular water service providers 17
to have outdoor water use conservation plans) 18
Section 133(5)-- 19
omit. 20
Clause 26 Amendment of ch 4 hdg (Referable dams and flood 21
mitigation) 22
Chapter 4, heading, after `flood'-- 23
insert-- 24
`and drought'. 25
Page 17
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 27]
Clause 27 Amendment of s 343 (When dam must be failure impact 1
assessed) 2
(1) Section 343(1), `8m'-- 3
omit, insert-- 4
`10m'. 5
(2) Section 343(1)(a), `500ML'-- 6
omit, insert-- 7
`1500ML'. 8
(3) Section 343(1)(b), `250ML'-- 9
omit, insert-- 10
`750ML'. 11
Clause 28 Insertion of new ch 4, pt 1, div 2A 12
Chapter 4, part 1-- 13
insert-- 14
`Division 2A Emergency action planning and 15
reporting 16
`Subdivision 1 Preliminary 17
`352A Definitions for div 2A 18
`In this division-- 19
approval period see section 352K(2). 20
approved emergency action plan means an emergency action 21
plan that is approved under section 352I(1)(a) or taken to be 22
an approved emergency action plan under section 352Q(2). 23
chairperson, of a relevant disaster management group, 24
means-- 25
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(a) for a district group--the chairperson of the group under 1
the Disaster Management Act; or 2
(b) for a local group--the chairperson of the group under 3
the Disaster Management Act. 4
dam failure hazard see section 352B. 5
disaster district see the Disaster Management Act, schedule. 6
disaster management plan means-- 7
(a) for a relevant district group--the district disaster 8
management plan for the disaster district for which the 9
district group is established under the Disaster 10
Management Act; or 11
(b) for a relevant local group--the local disaster 12
management plan for the local disaster area for which 13
the local group is established under the Disaster 14
Management Act. 15
disaster management review report see section 352G(3). 16
disaster management review response see section 352G(4). 17
district group means a district group established under the 18
Disaster Management Act, section 22. 19
downstream release hazard see section 352C. 20
emergency action plan means a plan that complies with 21
section 352H. 22
emergency condition, for a dam, means-- 23
(a) a dam failure hazard; or 24
(b) a downstream release hazard; or 25
(c) a circumstance that potentially indicates an increase in 26
the likelihood of a dam failure hazard or downstream 27
release hazard happening. 28
Example for paragraph (c)-- 29
an unusual amount of seepage from the dam 30
emergency event means a dam failure hazard or downstream 31
release hazard that has happened. 32
Page 19
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
emergency event interim report see section 352U(2)(a). 1
emergency event report see section 352T(2). 2
emergency management chief executive means the chief 3
executive of the department in which the Disaster 4
Management Act is administered. 5
local disaster area, of a local group, means the area of the 6
local group under the Disaster Management Act. 7
local disaster management plan see the Disaster 8
Management Act, section 57(1). 9
local group means a local group established under the 10
Disaster Management Act, section 29. 11
relevant disaster management group, for an emergency 12
action plan, see section 352D. 13
relevant district group see section 352D(b). 14
relevant local group see section 352D(a). 15
`352B What is a dam failure hazard 16
`A dam failure hazard, in relation to a dam, is a reasonably 17
foreseeable hazard that has the potential to cause or contribute 18
to the failure of the dam. 19
Example-- 20
significant flooding in the catchment area of the dam 21
`352C What is a downstream release hazard 22
`A downstream release hazard, in relation to a dam, is a 23
reasonably foreseeable hazard to the safety of persons or 24
property that could potentially be caused or aggravated by-- 25
(a) a release of water from the dam's spillway; or 26
(b) a controlled release of the water from the dam. 27
Example-- 28
flooding of downstream properties and transport infrastructure 29
caused by a release of water 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
`352D What is the relevant disaster management group for an 1
emergency action plan 2
`The relevant disaster management group, for an emergency 3
action plan, is-- 4
(a) if only 1 local disaster area could potentially be affected 5
by an emergency condition identified in the plan--the 6
local group for the area (a relevant local group); or 7
(b) otherwise--the district group (a relevant district group) 8
for the disaster district that could potentially be affected 9
by an emergency condition identified in the plan. 10
`Subdivision 2 Requirements for emergency action 11
plans 12
`352E Requirement for approved emergency action plan 13
`The owner of a referable dam must have an approved 14
emergency action plan for the dam. 15
`352F Requirement to prepare emergency action plan 16
`The owner of a referable dam must, unless the owner has a 17
reasonable excuse, prepare an emergency action plan for the 18
dam under subdivision 3 and give it to the chief executive for 19
approval-- 20
(a) if construction of the dam is not finished when the chief 21
executive accepts a failure impact assessment for the 22
dam under section 349-- 23
(i) within 3 months after the construction is finished; 24
or 25
(ii) if the chief executive gives the owner of the dam a 26
notice requiring the emergency action plan before 27
the construction is finished--within the period of 28
at least 30 business days stated in the notice; or 29
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(b) if construction of the dam has finished when the chief 1
executive accepts a failure impact assessment for the 2
dam--within 4 months after the chief executive accepts 3
the failure impact assessment. 4
Maximum penalty--1665 penalty units. 5
Note-- 6
For the obligation of the owner of an existing dam to prepare and submit 7
an emergency action plan, see also section 645. 8
`Subdivision 3 Preparation of emergency action 9
plans 10
`352G Disaster management review of plan 11
`(1) Before giving an emergency action plan for a dam to the chief 12
executive, the owner of a dam must give a copy of the plan to 13
the chairperson of the relevant disaster management group for 14
the plan. 15
`(2) The chairperson may review the plan to assess its consistency 16
with the disaster management plan for the group. 17
`(3) If the chairperson reviews the emergency action plan under 18
subsection (2), the chairperson must give the owner of the 19
dam a report (a disaster management review report) of the 20
review within 10 business days after receiving the plan. 21
`(4) If the chairperson gives the owner of the dam a disaster 22
management review report under subsection (3), the owner of 23
the dam may prepare a written response (a disaster 24
management review response) and attach it to the report. 25
`352H Content of plan 26
`(1) The emergency action plan must-- 27
(a) identify each emergency condition for the dam; and 28
(b) for each emergency condition-- 29
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(i) identify the area likely to be affected by an 1
emergency event that may happen because of the 2
emergency condition, including, for example, by 3
attaching to the plan maps showing areas expected 4
to be flooded; and 5
(ii) state when and how the owner of the dam must 6
notify the relevant entities of the emergency 7
condition, if it happens, including the order of 8
priority in which the relevant entities are to be 9
notified; and 10
(iii) state the actions the owner of the dam must take in 11
response to the emergency condition, if it happens; 12
and 13
(c) if the owner of the dam has been given a disaster 14
management review report for the plan under section 15
352G(3)--be accompanied by the report; and 16
(d) include any other relevant matter prescribed under a 17
regulation. 18
`(2) In this section-- 19
relevant entities, for an emergency condition under an 20
emergency action plan, means each of the following-- 21
(a) the relevant disaster management group for the plan; 22
(b) the persons whose safety or property may be threatened 23
by the emergency condition; 24
Examples for paragraph (b)-- 25
· the owners of parcels of farm land adjacent to the dam 26
· the residents of a township 27
(c) each local government whose local government area 28
may be affected by the emergency condition; 29
(d) the chief executive; 30
(e) another entity the owner of the dam considers 31
appropriate to notify of the condition. 32
Example for paragraph (e)-- 33
Page 23
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
the Queensland Police Service 1
`Subdivision 4 Approving emergency action plans 2
`352I Chief executive to consider plan 3
`(1) The chief executive must consider an emergency action plan 4
given to the chief executive for approval and decide to-- 5
(a) approve it; or 6
(b) refuse to approve it. 7
`(2) In considering the emergency action plan, the chief executive 8
must have regard to any disaster management review report or 9
disaster management review response accompanying the plan. 10
`(3) For deciding whether to approve or refuse to approve the 11
emergency action plan, the chief executive may get advice 12
from-- 13
(a) the emergency management chief executive; or 14
(b) an advisory council. 15
`352J Criteria for approving plan 16
`The chief executive may approve the emergency action plan 17
only if satisfied it-- 18
(a) complies with section 352H; and 19
(b) effectively deals with each emergency condition for the 20
dam. 21
`352K Approval of plan 22
`(1) If the chief executive approves the emergency action plan, the 23
chief executive must-- 24
(a) give notice of the approval to the owner of the dam; and 25
(b) give a copy of the approved plan to the emergency 26
management chief executive; and 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(c) publish the approved plan in the register of approved 1
emergency action plans under section 352M. 2
`(2) The approval must be for a period of no more than 5 years (the 3
approval period) stated in the approved plan. 4
`352L Refusal to approve plan 5
`(1) If the chief executive decides to refuse to approve the 6
emergency action plan, the chief executive must give the 7
owner of the dam-- 8
(a) an information notice about the decision; and 9
(b) a notice directing the owner of the dam to prepare a new 10
emergency action plan under subdivision 3 and give it to 11
the chief executive within a stated period of at least 30 12
business days. 13
`(2) The owner of the dam must comply with the notice unless the 14
owner has a reasonable excuse. 15
Maximum penalty--500 penalty units. 16
`Subdivision 5 Keeping and publishing emergency 17
action plans 18
`352M Register of approved emergency action plans 19
`(1) The chief executive must keep a register of approved 20
emergency action plans. 21
`(2) The register may be kept in the form, including electronic 22
form, the chief executive considers appropriate. 23
`(3) The chief executive must make information in the register 24
available to the public on the department's website. 25
`(4) However, the publicly available part of the register must not 26
include the name, address and contact details of an individual. 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
`352N Dam owner must ensure particular individuals have 1
access to plan 2
`The owner of a referable dam must-- 3
(a) keep a copy of the approved emergency action plan for 4
the dam; and 5
(b) make it available to an individual-- 6
(i) who has a function under the plan; or 7
(ii) who, under the plan, is named and required to be 8
personally notified of an emergency condition. 9
Maximum penalty--500 penalty units. 10
`Subdivision 6 Reviewing emergency action plans 11
`352O Review by chief executive and direction to prepare and 12
submit new plan 13
`(1) This section applies if the chief executive, at any time, 14
considers an approved emergency action plan for a dam no 15
longer deals effectively with an emergency condition the chief 16
executive reasonably considers has the potential to affect the 17
safe operation of the dam. 18
Examples-- 19
1 An emergency event report recommends a change to the plan. 20
2 The chairperson of the relevant disaster management group for the 21
plan advises that the plan is not consistent with the disaster 22
management plan for the group. 23
`(2) The chief executive must give the owner of the dam a notice 24
stating-- 25
(a) the chief executive considers the approved emergency 26
action plan no longer effectively deals with the 27
emergency condition; and 28
(b) the reasons the chief executive considers the plan no 29
longer effectively deals with the emergency condition; 30
and 31
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(c) the owner of the dam must-- 1
(i) prepare a new emergency action plan, under 2
subdivision 3, that effectively deals with the 3
emergency condition; and 4
(ii) give it to the chief executive within a stated period 5
of at least 30 business days. 6
`(3) The owner of the dam must comply with the notice unless the 7
owner has a reasonable excuse. 8
Maximum penalty--500 penalty units. 9
`352P Review by dam owner 10
`The owner of a referable dam must, before 1 October each 11
year-- 12
(a) review the approved emergency action plan for the dam; 13
and 14
(b) give the chief executive-- 15
(i) a notice stating whether or not the owner proposes 16
an amendment of the plan because of the review; 17
and 18
(ii) if the owner proposes an amendment--a copy of 19
the plan including the proposed amendment. 20
Maximum penalty--500 penalty units. 21
`Subdivision 7 Amending emergency action plans 22
`352Q Amending plan by agreement 23
`(1) This section applies if-- 24
(a) the owner of a referable dam-- 25
(i) proposes an amendment of the approved 26
emergency action plan for the dam to-- 27
(A) correct a minor error; or 28
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(B) make another change that is not a change of 1
substance; and 2
(ii) gives the chief executive a copy of the plan 3
including the proposed amendment; and 4
(b) the chief executive agrees with the amendment and 5
gives the owner notice of the agreement. 6
`(2) The emergency action plan as amended is taken to be the 7
approved emergency action plan for the dam. 8
`352R Substantive amendment of plan 9
`(1) This section applies if-- 10
(a) the owner of a referable dam-- 11
(i) proposes an amendment of the emergency action 12
plan for the dam; and 13
(ii) gives the chief executive a copy of the plan 14
including the proposed amendment; and 15
(b) the chief executive considers the proposed amendment 16
is a change of substance. 17
`(2) The chief executive must give the owner of the dam a notice 18
stating-- 19
(a) the chief executive considers the proposed amendment 20
is a change of substance; and 21
(b) the reasons the chief executive considers the proposed 22
amendment is a change of substance; and 23
(c) that, if the owner proposes to include the amendment in 24
the emergency action plan, the owner must prepare a 25
new emergency action plan including the amendment 26
under subdivision 3 and give it to the chief executive. 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
`Subdivision 8 Renewing emergency action plans 1
`352S Renewal of plan 2
`(1) This section applies if an approved emergency action plan for 3
a referable dam is in force. 4
`(2) The owner of the dam must, unless the owner has a reasonable 5
excuse, at least 1 month before the end of the approval period 6
for the plan-- 7
(a) prepare a new emergency action plan for the dam under 8
subdivision 3; and 9
(b) give it to the chief executive for approval. 10
Maximum penalty--500 penalty units. 11
`Subdivision 9 Emergency event reporting 12
`352T Preparation and submission of emergency event report 13
`(1) This section applies to the owner of a referable dam if an 14
emergency event relating to the dam happens. 15
`(2) The owner of the dam must, unless the owner has a reasonable 16
excuse, prepare a report (an emergency event report) under 17
this subdivision and give it to the chief executive within-- 18
(a) 30 business days after the end of the emergency event; 19
or 20
(b) if a further period is agreed in writing by the chief 21
executive and the owner of the dam--the further period. 22
Maximum penalty--1665 penalty units. 23
Note-- 24
For the obligation of the owner of an existing dam to prepare and submit 25
an emergency event report, see also section 646. 26
`(3) In this section-- 27
end, of an emergency event, means-- 28
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(a) if the event is a dam failure hazard that has 1
happened--when the owner of the dam reasonably 2
considers the hazard no longer poses a risk to the dam; 3
or 4
(b) if the event is a downstream release hazard that has 5
happened--when the owner of the dam reasonably 6
considers the hazard no longer poses a risk to the safety 7
of persons or property. 8
`352U Preparation and submission of emergency event interim 9
report 10
`(1) This section applies if-- 11
(a) an emergency event relating to a referable dam happens; 12
and 13
(b) the chief executive considers the emergency event is 14
likely to continue for at least 1 month. 15
`(2) The chief executive may give the owner of the dam a notice 16
requiring the owner to-- 17
(a) prepare a report (an emergency event interim report) 18
under this subdivision; and 19
(b) give it to the chief executive within 10 business days 20
after receiving the notice. 21
`(3) If the chief executive gives the owner of the dam a notice 22
under subsection (2), the owner must comply with the notice 23
unless the owner has a reasonable excuse. 24
Maximum penalty--1665 penalty units. 25
`352V Content of report 26
`(1) An emergency event report or emergency event interim report 27
for a referable dam must-- 28
(a) describe the emergency event to which the report 29
relates; and 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 28]
(b) describe the implementation of the approved emergency 1
action plan for the dam in relation to the emergency 2
event, including relevant details of-- 3
(i) communications made and actions taken in 4
response to the emergency event; and 5
(ii) monitoring of the dam and the area affected or 6
potentially affected by the emergency event; and 7
(c) describe any damage to the dam, including by reference 8
to photographs of the damage; and 9
(d) state whether and to what extent any damage to the dam 10
has been caused or contributed to by the emergency 11
event; and 12
(e) include an assessment of whether and to what extent the 13
approved emergency action plan effectively dealt with 14
the emergency event; and 15
(f) recommend any changes to the approved emergency 16
action plan that would allow the plan to deal with a 17
similar emergency event more effectively; and 18
(g) include details of any other matter that is relevant to the 19
emergency event or how it was dealt with under the 20
emergency action plan; and 21
(h) include any other relevant matter prescribed under a 22
regulation. 23
`(2) Subsection (1) does not prevent an emergency event report or 24
emergency event interim report from dealing with 2 or more 25
emergency events if-- 26
(a) the emergency events are related; and 27
Examples of related emergency events-- 28
· an emergency event that has been caused or contributed to 29
by another emergency event 30
· 2 emergency events that happen at the same time 31
(b) the chief executive has agreed to the report dealing with 32
the emergency events.'. 33
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 29]
Clause 29 Replacement of ch 4, pt 2 hdg and ss 370 and 371 1
Chapter 4, part 2, heading and sections 370 and 371-- 2
omit, insert-- 3
`Part 2 Flood mitigation manuals and 4
reporting 5
`Division 1 Preliminary 6
`370 Definitions for pt 2 7
`In this part-- 8
alternative procedure see section 378(b)(ii). 9
annual preparedness report see section 375(a). 10
approval period see section 371G(2)). 11
approved flood mitigation manual means a flood mitigation 12
manual approved under section 371E(1)(a) or 372(3). 13
authorisation request information see section 379(1). 14
authorised alternative procedure see sections 380(2) and 15
381(2). 16
existing procedure see section 378(b)(i). 17
flood event see section 371. 18
flood event interim report see section 384(2)(a). 19
flood event report see section 383(2). 20
flood mitigation manual, for a dam, means a manual of the 21
operational procedures for flood mitigation for the dam that 22
complies with section 371D. 23
forecast system, for a dam, see section 371D(e). 24
responsible person, under a flood mitigation manual, see 25
section 371D(d)(i). 26
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 29]
`371 What is a flood event 1
`A flood event, for a dam, is a circumstance in relation to 2
which-- 3
(a) there is a reasonable likelihood that the level of the 4
water surface of the dam may exceed its full supply 5
level; and 6
(b) if the level of the water surface were to exceed the full 7
supply level, it would be reasonable to release the excess 8
water only by opening the gates of the dam. 9
`371A Application of pt 2 10
`(1) This part applies to a referable dam prescribed under a 11
regulation for this section. 12
`(2) A referable dam may be prescribed under subsection (1) only 13
if the Minister, having regard to the following, considers the 14
dam requires a flood mitigation manual-- 15
(a) whether the dam has significant water storage capacity 16
exceeding the full supply level of the dam; 17
(b) whether the dam can be safely and effectively operated 18
under a flood mitigation manual to-- 19
(i) moderate the rate of outflow from the dam; and 20
(ii) avoid significant damage to property caused by 21
outflow from the dam. 22
Note-- 23
For the application of this section to a dam for which there is an existing 24
flood mitigation manual, see section 649. 25
Page 33
Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 29]
`Division 2 Preparation of flood mitigation 1
manuals 2
`371B Requirement for approved flood mitigation manual 3
`The owner of a referable dam to which this part applies must 4
have an approved flood mitigation manual for the dam. 5
`371C Requirement to prepare flood mitigation manual 6
`The owner of the dam must prepare a flood mitigation 7
manual for the dam under this division and give it to the 8
Minister for approval within 6 months after the dam is 9
prescribed under section 371A(1). 10
Maximum penalty--1665 penalty units. 11
`371D Content of manual 12
`The flood mitigation manual must-- 13
(a) state the objectives for flood mitigation for the dam and 14
their importance relative to each other; and 15
(b) state-- 16
(i) the operational strategies required to achieve the 17
objectives for flood mitigation for the dam; and 18
(ii) how the operational strategies achieve an 19
appropriate balance in relation to the matters 20
mentioned in section 371F(c); and 21
(c) state the operational procedures required to achieve the 22
operational strategies for flood mitigation for the dam 23
including-- 24
(i) the operational procedures for releasing water from 25
the dam in response to a flood event; and 26
(ii) variations to the operational procedures under 27
subparagraph (i) to deal with urgent circumstances; 28
and 29
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 29]
Example-- 1
operational procedures to be followed if communications 2
among any of the responsible persons are disrupted during 3
a flood event 4
(iii) the operational procedures for releasing water from 5
the dam in response to the declaration of a 6
temporary full supply level for the dam; and 7
(d) state-- 8
(i) the role and responsibilities of each person (a 9
responsible person) who is required to carry out 10
operational procedures for flood mitigation under 11
the manual; and 12
(ii) the qualifications and experience each responsible 13
person must have; and 14
(iii) the training each responsible person must 15
complete; and 16
(iv) the procedures that are required to be carried out 17
by or for the owner of the dam to verify the 18
qualifications, experience and training for each 19
responsible person; and 20
(e) provide for a system (the forecast system) to forecast-- 21
(i) the amount of rainfall in, or affecting, the 22
catchment area of the dam; and 23
(ii) the amount of inflow to the dam; and 24
(iii) the amount of outflow from the dam required 25
under the manual; and 26
(iv) the level of the water surface of the dam required 27
under the manual; and 28
(f) state any other relevant matter prescribed under a 29
regulation. 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 29]
`Division 3 Approving flood mitigation manuals 1
`371E Minister to consider manual 2
`(1) The Minister must consider a flood mitigation manual given 3
to the Minister for approval and decide to-- 4
(a) approve it; or 5
(b) refuse to approve it. 6
`(2) The Minister may get advice from an advisory council for 7
deciding whether or not to approve the manual. 8
`371F Criteria for approving manual 9
`The Minister may approve the flood mitigation manual only 10
if satisfied-- 11
(a) the manual complies with section 371D; and 12
(b) the carrying out of the operational strategies and 13
operational procedures under the manual would 14
minimise risk to human life and safety; and 15
(c) the manual achieves an appropriate balance in relation 16
to each of the following-- 17
(i) preventing failure of the dam, including, for 18
example, by protecting the structural integrity of 19
the dam; 20
(ii) minimising risk to property; 21
(iii) minimising disruption to transport; 22
(iv) maintaining the full supply level for the dam after a 23
flood event; 24
(v) minimising environmental impacts on the stability 25
of banks of watercourses and on riparian flora and 26
fauna. 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 30]
`371G Approval of manual 1
`(1) If the Minister approves the flood mitigation manual, the 2
Minister must notify the approval by gazette notice. 3
`(2) The approval must be for a period of no more than 5 years (the 4
approval period) stated in the gazette notice. 5
`371H Refusal to approve manual 6
`(1) If the Minister decides to refuse to approve the flood 7
mitigation manual, the Minister must give the owner of the 8
dam a notice directing the owner to prepare a new flood 9
mitigation manual and give it to the Minister within a stated 10
period of at least 30 business days after receiving the notice. 11
`(2) The owner of the dam must comply with the notice. 12
Maximum penalty--1665 penalty units. 13
`Division 4 Amending and reviewing flood 14
mitigation manuals'. 15
Clause 30 Amendment of s 372 (Amending flood mitigation manual) 16
Section 372, `chief executive'-- 17
omit, insert-- 18
`Minister'. 19
Clause 31 Amendment of s 373 (Regular reviews of flood mitigation 20
manual) 21
Section 373(b)-- 22
omit, insert-- 23
`(b) give the Minister a copy of it for the Minister's approval 24
under division 3.'. 25
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 32]
Clause 32 Replacement of ss 374 and 375 1
Sections 374 and 375-- 2
omit, insert-- 3
`Division 5 Renewing flood mitigation manuals 4
`374 Preparation and submission of new manual 5
`(1) This section applies if an approved flood mitigation manual 6
for a dam is in force. 7
`(2) The owner of the dam must prepare a new flood mitigation 8
manual for the dam and give it to the Minister for approval 9
under division 3 at least 1 month before the end of the 10
approval period for the manual. 11
Maximum penalty--1665 penalty units. 12
`Division 6 Annual preparedness reports 13
`375 Dam owner must prepare and submit report 14
`The owner of a referable dam to which this part applies must 15
after 1 August and before 1 September each year-- 16
(a) prepare a report (an annual preparedness report) under 17
this division about the level of preparedness of the dam 18
for a flood event under its flood mitigation manual; and 19
(b) give the report to the chief executive. 20
Maximum penalty--1665 penalty units. 21
`376 Content of report 22
`(1) The annual preparedness report must-- 23
(a) state the names, contact details and current 24
qualifications and experience of, and training completed 25
by each person-- 26
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(i) who was a responsible person under the flood 1
mitigation manual in the reporting period; and 2
(ii) whom the owner of the dam expects will be a 3
responsible person under the manual before the 4
next annual preparedness report for the dam is 5
prepared; and 6
(b) be accompanied by documents evidencing the current 7
qualifications, experience and training; and 8
Example-- 9
a current certificate of registration as a registered professional 10
engineer under the Professional Engineers Act 2002 11
(c) describe the training given to each responsible person 12
for carrying out his or her role and responsibilities under 13
the manual in the reporting period, including the 14
following-- 15
(i) who gave the training and to whom it was given; 16
(ii) the type of training given; 17
(iii) when the training was given and its duration; and 18
(d) include an assessment of the suitability of 19
communication equipment for use by the responsible 20
persons for carrying out their roles and responsibilities 21
under the manual; and 22
Examples of communication equipment-- 23
computer equipment for sending email, CB or other two-way 24
radio, mobile telephone, satellite telephone 25
(e) include an assessment of the following-- 26
(i) the current adequacy of the forecast system for the 27
dam and the supporting network for the forecast 28
system; 29
(ii) the demonstrated adequacy of the forecast system 30
and supporting network in the reporting period. 31
`(2) In this section-- 32
demonstrated adequacy, of a forecast system, includes-- 33
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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(a) the reliability of the system that has been demonstrated 1
generally and under flood conditions, if relevant, in the 2
reporting period; and 3
(b) the accuracy of forecasts of inflow using the system 4
compared to measured rainfall and inflow in the 5
reporting period; and 6
(c) the accuracy of forecasts of the required outflow and the 7
water surface level of the dam using the system 8
compared to the measured outflow and water surface 9
level in the reporting period. 10
reporting period means-- 11
(a) for the first annual preparedness report after a flood 12
mitigation manual is approved for the dam--the period 13
since the approval; or 14
(b) otherwise--the period since the last annual 15
preparedness report for the dam was given to the chief 16
executive. 17
Note-- 18
See also section 650. 19
supporting network, for a forecast system for a dam, means 20
the infrastructure that enables the forecast system to be used 21
effectively under the dam's flood mitigation manual. 22
Example-- 23
a gauging station at which rainfall or water level can be measured 24
`Division 7 Qualifications, experience and 25
training for responsible persons 26
`377 Chief executive may require dam owner to ensure 27
responsible person has qualifications etc. 28
`(1) This section applies if the chief executive considers it 29
appropriate that a responsible person under a flood mitigation 30
manual for a dam has particular qualifications or experience 31
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
or has completed particular training for the safe and effective 1
operation of the dam. 2
`(2) The chief executive may, by notice given to the owner of the 3
dam, require the owner to ensure that the responsible person 4
has the qualifications or experience, or has completed the 5
training, stated in the notice. 6
`(3) The notice may identify a responsible person by reference to 7
the person's position or title. 8
`(4) If the chief executive gives the owner of the dam a notice 9
under subsection (2), the owner must comply with the notice. 10
Maximum penalty--1665 penalty units. 11
`(5) In this section-- 12
responsible person includes a class of responsible persons. 13
`Division 8 Authorising alternative operational 14
procedures 15
`378 Application of div 8 16
`This division applies if a flood event for a dam happens and 17
the owner of the dam reasonably considers that-- 18
(a) an operational strategy under the flood mitigation 19
manual for the dam does not provide or does not 20
adequately provide for the flood event or an aspect of 21
the flood event; and 22
(b) to achieve an objective under the flood mitigation 23
manual and respond effectively to the flood event it is 24
necessary to-- 25
(i) disregard an operational procedure under the 26
manual (the existing procedure) that would, other 27
than for this division, apply under the manual; and 28
(ii) observe a different operational procedure (the 29
alternative procedure). 30
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`379 Dam owner must seek authorisation for alternative 1
procedure 2
`(1) The owner of the dam must, as soon as practicable, give the 3
chief executive the following information (the authorisation 4
request information)-- 5
(a) the grounds for considering the matters mentioned in 6
section 378; 7
(b) the facts and circumstances that are the basis for the 8
grounds; 9
(c) information to identify the existing procedure; 10
(d) details of the alternative procedure; 11
(e) other information to enable the chief executive to decide 12
whether or not to authorise the owner of the dam to 13
disregard the existing procedure and observe the 14
alternative procedure. 15
`(2) The owner of the dam may give the chief executive the 16
authorisation request information orally. 17
`(3) However, the owner of the dam must record the authorisation 18
request information in writing as soon as practicable after 19
giving the chief executive the information orally. 20
`(4) Subsection (1) applies subject to section 381. 21
`380 Chief executive must decide whether or not to authorise 22
alternative procedure 23
`(1) The chief executive must, as soon as practicable after 24
receiving the authorisation request information-- 25
(a) decide whether or not to authorise the owner of the dam 26
to disregard the existing procedure and observe the 27
alternative procedure; and 28
(b) advise the owner of the dam of the decision. 29
`(2) If the chief executive decides to authorise the owner of the 30
dam to observe the alternative procedure, the alternative 31
procedure is an authorised alternative procedure. 32
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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`(3) The chief executive may orally advise the owner of the dam of 1
the decision. 2
`(4) However, the chief executive must, as soon as practicable, 3
give the owner of the dam a notice of the decision including-- 4
(a) a summary of the authorisation request information 5
given to the chief executive; and 6
(b) the reasons for the decision, having regard to the 7
authorisation request information. 8
`381 Authorisation to observe alternative procedure if chief 9
executive can not be contacted 10
`(1) This section applies if the owner of the dam-- 11
(a) makes reasonable efforts to contact the chief executive 12
to give the chief executive the authorisation request 13
information for the alternative procedure; and 14
(b) can not contact the chief executive within a reasonable 15
time to respond effectively to the flood event. 16
`(2) The alternative procedure is also an authorised alternative 17
procedure. 18
`(3) However, the owner of the dam must, as soon as practicable 19
after failing to contact the chief executive-- 20
(a) record the authorisation request information in writing; 21
and 22
(b) give the information to the chief executive. 23
`382 End of authorisation of alternative procedure 24
`The authorisation to carry out an authorised alternative 25
procedure ends when the flood event to which the procedure 26
relates has ended. 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
`Division 9 Flood event reporting 1
`383 Preparation and submission of flood event report 2
`(1) This section applies to the owner of a referable dam to which 3
this part applies if a flood event relating to the dam happens. 4
`(2) The owner of the dam must, unless the owner has a reasonable 5
excuse, prepare a report (a flood event report) under this 6
division and give it to the chief executive within-- 7
(a) 30 business days after the end of the flood event; or 8
(b) if a further period is agreed in writing by the chief 9
executive and the owner of the dam--the further period. 10
Maximum penalty--1665 penalty units. 11
`(3) In this section-- 12
end, of a flood event, means 24 hours after the last occasion 13
that water is released from the dam in response to the flood 14
event. 15
`384 Preparation and submission of flood event interim report 16
`(1) This section applies if-- 17
(a) a flood event relating to a referable dam to which this 18
part applies happens; and 19
(b) the chief executive considers the flood event is likely to 20
continue for at least 1 month. 21
`(2) The chief executive may give the owner of the dam a notice 22
requiring the owner to-- 23
(a) prepare a report (a flood event interim report) under this 24
division; and 25
(b) give it to the chief executive within 10 business days 26
after receiving the notice. 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
`(3) If the chief executive gives the owner of the dam a notice 1
under subsection (2), the owner must comply with the notice 2
unless the owner has a reasonable excuse. 3
Maximum penalty--1665 units. 4
`385 Content of report 5
`(1) A flood event report or a flood event interim report must-- 6
(a) describe the flood event to which it relates; and 7
(b) describe the implementation of the flood mitigation 8
manual for the dam in relation to the flood event, 9
including relevant details of-- 10
(i) communications made, strategies used and actions 11
taken in response to the flood event; and 12
(ii) the reasons for the use of the strategies; and 13
(c) state the amount of the following that was forecast when 14
the flood event started and measured during the flood 15
event-- 16
(i) rainfall in, or affecting, the catchment area of the 17
dam; 18
(ii) inflow to the dam; and 19
(d) state the level of the water surface of the dam that was 20
forecast when the flood event started and the levels 21
measured during the flood event; and 22
(e) state the amount of the outflow from the dam that was-- 23
(i) forecast under the flood mitigation manual when 24
the flood event started; and 25
(ii) measured during and after the flood event; and 26
(f) include an assessment of the adequacy of the forecast 27
system for the dam; and 28
(g) describe any damage to the dam caused by the flood 29
event, including by attaching photographs of the 30
damage; and 31
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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(h) state whether and to what extent any damage to the dam 1
has been caused or contributed to by the flood event; 2
and 3
(i) include an assessment of whether and to what extent the 4
flood mitigation manual effectively dealt with the flood 5
event; and 6
(i) recommend any changes to the flood mitigation manual 7
and forecast system that would allow the manual to deal 8
with a similar flood event more effectively; and 9
(j) include details of any other matter that is relevant to how 10
the flood event was dealt with under the flood mitigation 11
manual; and 12
(k) include any other relevant matter prescribed under a 13
regulation. 14
`(2) If the owner of the dam carried out or purported to carry out 15
an authorised alternative procedure in relation to the flood 16
event, the flood event report or the flood event interim report 17
must also include the authorisation request information for the 18
procedure. 19
`(3) Subsection (1) does not prevent a flood event report from 20
dealing with 2 or more flood events if-- 21
(a) the flood events are related; and 22
(b) the chief executive has agreed to the report dealing with 23
the flood events. 24
`Division 10 General matters 25
`386 Protection from liability under pt 2 26
`(1) Each of the following persons does not incur civil liability for 27
an act done, or omission made, honestly and without 28
negligence under this part-- 29
(a) the Minister; 30
(b) the chief executive; 31
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
(c) a member of an advisory council from which the 1
Minister has sought advice under section 371E(2) or 2
372(5). 3
`(2) If subsection (1) prevents civil liability attaching to a person, 4
the liability attaches instead to the State. 5
`387 Protection from liability for complying with flood 6
mitigation manual 7
`(1) Subsection (2) applies to an owner of a dam who observes-- 8
(a) subject to paragraph (b), the operational procedures in 9
the approved flood mitigation manual for the dam; and 10
(b) if an alternative procedure is authorised for the dam 11
under division 8--the authorised alternative procedure. 12
`(2) The owner of the dam does not incur civil liability for an act 13
done, or omission made, honestly and without negligence in 14
observing the procedures. 15
`(3) If subsection (2) prevents civil liability attaching to a person, 16
the liability attaches instead to the State. 17
`(4) In this section-- 18
owner, of a dam, includes-- 19
(a) the operator of the dam; and 20
(b) a director of the owner or operator of the dam; and 21
(c) an employee of the owner or operator of the dam; and 22
(d) an agent of the owner or operator of the dam. 23
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
`Part 3 Declaring temporary full supply 1
levels to mitigate flood or 2
drought 3
`Division 1 Preliminary 4
`388 Definitions for pt 3 5
`In this part-- 6
feasibility advice see section 393(1). 7
impact information see section 390(3). 8
impact information notice see section 391(1). 9
proposed temporary full supply level see section 390(1). 10
safety requirements see section 396(2). 11
temporary full supply level, for a dam, means the temporary 12
full supply level declared for the dam under section 395(1). 13
water security, of a dam, includes the reliability of water 14
supply having regard to the availability of water stored in, and 15
the cost of supplying water from, the dam. 16
`389 Application of pt 3 17
`This part applies to a dam for which an approved flood 18
mitigation manual is in force. 19
`Division 2 Obtaining information and advising 20
Minister 21
`390 Minister must require information about impacts of 22
proposed temporary full supply level 23
`(1) This section applies if the Minister considers the declaration 24
of a new full supply level (a proposed temporary full supply 25
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
level) for the dam may mitigate the impacts of a potential 1
flood or drought. 2
`(2) In considering whether a proposed temporary full supply level 3
may mitigate the impacts of a potential flood or drought, the 4
Minister may have regard to any matter the Minister considers 5
appropriate, including, for example-- 6
(a) meteorological forecasts; and 7
(b) the public interest. 8
`(3) The Minister must ask the chief executive to require the owner 9
of the dam to provide information (the impact information) 10
about how a proposed temporary full supply level may 11
impact-- 12
(a) the safety of the dam; and 13
(b) how the dam operates. 14
`(4) In this section-- 15
new full supply level, for a dam, means a full supply level that 16
is different from the full supply level stated in the resource 17
operations plan under which the dam operates. 18
`391 Chief executive must issue notice for information about 19
impacts of proposed temporary full supply level 20
`(1) The chief executive must comply with the Minister's request 21
for the impact information by giving the owner of the dam a 22
notice (an impact information notice) requiring the owner to 23
give the information to the chief executive. 24
`(2) The impact information notice must-- 25
(a) state a reasonable period by which the impact 26
information must be given; and 27
(b) include a warning that it is an offence to fail to comply 28
with the notice unless the owner of the dam has a 29
reasonable excuse. 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
`(3) The owner of the dam must comply with the impact 1
information notice unless the owner has a reasonable excuse. 2
Maximum penalty--200 penalty units. 3
`392 Chief executive must consult with dam owner 4
`As soon as practicable after giving the owner of the dam the 5
impact information notice, the chief executive must consult 6
the owner and the operator of the dam about-- 7
(a) the extent to which the proposed temporary full supply 8
level is likely to mitigate the impacts of a potential flood 9
or drought; and 10
(b) the impacts of the proposed temporary full supply level 11
on the water security of the dam. 12
`393 Chief executive must give feasibility advice to Minister 13
`(1) As soon as practicable after consulting with the owner and 14
operator of the dam under section 392, the chief executive 15
must give the Minister advice (feasibility advice) about 16
whether declaring the proposed temporary full supply level 17
for the dam is likely to mitigate the impacts of a potential 18
flood or drought. 19
`(2) In giving the feasibility advice, the chief executive must have 20
regard to the following-- 21
(a) the impact information given in compliance with the 22
impact information notice; 23
(b) the extent to which the proposed temporary full supply 24
level is likely to mitigate the impacts of a potential flood 25
or drought; 26
(c) the impacts of the proposed temporary full supply level 27
on the water security of the dam; 28
(d) whether the proposed temporary full supply level will 29
affect the safety of the dam; 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
(e) generally, any other positive or negative impacts the 1
proposed temporary full supply level may have; 2
Examples of impacts-- 3
· impacts on public safety 4
· environmental, social and economic impacts downstream of 5
the dam 6
(f) any other matter the chief executive considers 7
appropriate. 8
`(3) The feasibility advice must include-- 9
(a) details of the matters mentioned in subsection (2); and 10
(b) the likely implications of declaring the proposed 11
temporary full supply level on the water security and 12
safety of the dam; 13
(c) a recommendation about whether the proposed 14
temporary full supply level should be declared. 15
`394 Chief executive may give later feasibility advice 16
`(1) This section applies if-- 17
(a) the chief executive gives the Minister the feasibility 18
advice under section 393(1) about declaring a proposed 19
temporary full supply level for a dam; and 20
(b) at any time within 6 months after giving the feasibility 21
advice, the chief executive considers there has been a 22
material change to a matter mentioned in section 393(2) 23
that is relevant to the advice. 24
Example-- 25
There is a significant difference between forecasts of rainfall on 26
which a proposed temporary full supply level is based and actual 27
rainfall. 28
`(2) The chief executive may, within the 6 months, give the 29
Minister another feasibility advice about a proposed 30
temporary full supply level for the dam dealing with the 31
change. 32
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
`(3) If the chief executive gives a feasibility advice under 1
subsection (2), the chief executive is not required to comply 2
with section 391 or 392 for giving the advice. 3
`Division 3 Declaring temporary full supply 4
level 5
`395 Minister may declare temporary full supply level 6
`(1) On receiving the feasibility advice for a dam under section 7
393(1) or 394(2), the Minister may, by gazette notice, declare 8
a temporary full supply level for the dam. 9
`(2) In deciding whether to declare a temporary full supply level, 10
the Minister must have regard to-- 11
(a) the feasibility advice; and 12
(b) the public interest. 13
`(3) If the Minister declares a temporary full supply level for the 14
dam, the temporary full supply level-- 15
(a) takes effect on the day stated in the declaration; and 16
(b) ceases to have effect-- 17
(i) on the day that is 6 months after the declaration is 18
made, or an earlier day stated in the declaration; or 19
(ii) if the declaration is sooner revoked--on the day 20
the declaration is revoked. 21
`(4) The Minister may declare a temporary full supply level under 22
this division more than once for a particular dam. 23
Note-- 24
For the effect of the declaration of a temporary full supply level on the 25
resource operations plan under which the dam operates and particular 26
obligations of the owner of the dam, see the Water Act, chapter 2, part 2, 27
division 4. 28
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 32]
`Division 4 Reviewing safety requirements for 1
temporary full supply level 2
`396 Chief executive must review safety requirements 3
`(1) This section applies if a temporary full supply level declared 4
for a dam exceeds the full supply level stated in the resource 5
operations plan under which the dam operates. 6
`(2) The chief executive must review any requirements about 7
safety (the safety requirements) applying to the dam under 8
the safety conditions or flood mitigation manual for the dam. 9
`(3) The review must be conducted within-- 10
(a) 1 month after the temporary full supply level is 11
declared; or 12
(b) if the Minister requires a shorter period in writing--the 13
shorter period. 14
`397 Changing safety conditions in response to review 15
`If the chief executive-- 16
(a) reviews the safety requirements applying under the 17
safety conditions for the dam; and 18
(b) having regard to the temporary full supply level, 19
considers an amendment of the safety requirements is 20
necessary; 21
the chief executive must arrange for the amendment to be 22
made under section 356. 23
`398 Amending flood mitigation manual in response to review 24
`(1) If the chief executive-- 25
(a) reviews the safety requirements applying under the 26
flood mitigation manual for the dam; and 27
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[s 33]
(b) having regard to the temporary full supply level, 1
considers an amendment of the safety requirements is 2
necessary; 3
the chief executive must advise the Minister of the proposed 4
amendment. 5
`(2) On receiving advice of an amendment, the Minister may 6
arrange for the amendment to be made under section 372. 7
`Division 5 Miscellaneous provision 8
`399 No compensation payable 9
`No compensation is payable to any person because of the 10
operation of this part.'. 11
Clause 33 Amendment of s 538 (Sections 538-559 not used) 12
Section 538, heading, `559'-- 13
omit, insert-- 14
`558'. 15
Clause 34 Insertion of new s 559 16
Chapter 8, part 2-- 17
insert-- 18
`559 Definition for pt 2 19
`In this part-- 20
relevant operational work means operational work under the 21
Planning Act, section 10(1) that is the construction of a dam 22
or that is carried out in relation to a dam if, because of the 23
work, the dam must be failure impact assessed.'. 24
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 35]
Clause 35 Amendment of s 561 (Development applications for 1
referable dams) 2
(1) Section 561, heading-- 3
omit, insert-- 4
`561 Development applications for relevant operational work'. 5
(2) Section 561(1)-- 6
omit, insert-- 7
`(1) This section applies if a person makes a development 8
application under the Planning Act for relevant operational 9
work.'. 10
Clause 36 Amendment of s 562 (When applicant may appeal to Land 11
Court) 12
Section 562(1)(a)-- 13
omit, insert-- 14
`(a) an applicant makes a development application for 15
relevant operational work; and'. 16
Clause 37 Amendment of s 633 (Application of particular 17
provisions--other schemes) 18
(1) Section 633(2)(b), `1 July 2013'-- 19
omit, insert-- 20
`1 July 2014'. 21
(2) Section 633(3)(b)-- 22
omit, insert-- 23
`(b) otherwise, the later of the following-- 24
(i) 1 July 2014; 25
(ii) the day that is 1 year after the day recycled water is 26
first supplied under the scheme.'. 27
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 38]
Clause 38 Insertion of new ch 10, pt 5 1
Chapter 10-- 2
insert-- 3
`Part 5 Transitional provisions for 4
Water Legislation (Dam Safety 5
and Water Supply 6
Enhancement) and Other 7
Legislation Amendment Act 8
2012 9
`644 Definitions for pt 5 10
`In this part-- 11
commencement means the commencement of this section. 12
existing approval period see section 648(2)(b). 13
existing dam see section 645(1). 14
existing flood mitigation manual see section 648(1). 15
`645 Owner of existing dam must prepare and submit 16
emergency action plan 17
`(1) This section applies to the owner of a dam (an existing dam) 18
that-- 19
(a) immediately before the commencement was a referable 20
dam; and 21
(b) is a referable dam under section 341 on and after the 22
commencement. 23
`(2) The owner of the dam must, unless the owner has a reasonable 24
excuse, prepare an emergency action plan for the dam under 25
chapter 4, part 1, division 2A, subdivision 3 and give it to the 26
chief executive for approval before 1 October 2013. 27
Maximum penalty--1665 penalty units. 28
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 38]
`(3) Section 352E does not apply to the owner of the dam until-- 1
(a) if the owner gives the chief executive an emergency 2
action plan under subsection (2)--the chief executive 3
approves the plan or gives the owner a notice under 4
section 352L(1)(b); or 5
(b) otherwise--1 October 2013. 6
`646 Emergency event reporting for owner of existing dam 7
`(1) Chapter 4, part 1, division 2A, subdivision 9 applies to the 8
owner of an existing dam from the first of the following-- 9
(a) the day an emergency action plan is approved for the 10
dam; 11
(b) 1 October 2013. 12
`(2) This section applies despite chapter 4, part 1, division 2A, 13
subdivision 9. 14
`647 Particular safety conditions and development conditions 15
taken to have been complied with 16
`(1) Subsection (2) applies if-- 17
(a) an equivalent plan preparation condition applies to an 18
existing dam; and 19
(b) the owner of the dam complies with the obligation to 20
prepare and submit an emergency action plan under 21
chapter 4, part 1, division 2A. 22
`(2) The owner of the dam is taken to have complied with the 23
equivalent plan preparation condition for the preparation and 24
submission of the emergency action plan. 25
`(3) Subsection (4) applies if-- 26
(a) an equivalent plan review condition applies to an 27
existing dam; and 28
(b) the owner of the dam complies with the obligation to 29
review an emergency action plan under section 352P. 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
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[s 38]
`(4) The owner of the dam is taken to have complied with the 1
equivalent plan review condition for the review of the 2
emergency action plan. 3
`(5) Subsection (6) applies if-- 4
(a) an equivalent reporting condition applies to an existing 5
dam; and 6
(b) the owner of the dam complies with the obligation to 7
prepare and submit an emergency event report under 8
chapter 4, part 1, division 2A, subdivision 9. 9
`(6) The owner of the dam is taken to have complied with the 10
equivalent reporting condition for the preparation and 11
submission of the emergency event report. 12
`(7) In this section-- 13
equivalent plan preparation condition means a safety 14
condition or development condition that is equivalent to an 15
obligation to prepare or submit an emergency action plan 16
under chapter 4, part 1, division 2A. 17
equivalent plan review condition means a safety condition or 18
development condition that is equivalent to the obligation to 19
review an emergency action plan under section 352P. 20
equivalent reporting condition means a safety condition or 21
development condition that is equivalent to the obligation to 22
prepare and submit an emergency event report under chapter 23
4, part 1, division 2A, subdivision 9. 24
`648 Continuation of existing flood mitigation manuals 25
`(1) This section applies to a flood mitigation manual (an existing 26
flood mitigation manual) for a dam that was approved under 27
pre-amended section 371 and in force immediately before the 28
commencement. 29
`(2) The existing flood mitigation manual-- 30
(a) is taken to be an approved flood mitigation manual; and 31
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 38]
(b) continues in force for the balance of the period for 1
which it was approved under pre-amended section 371 2
(the existing approval period). 3
`(3) In this section-- 4
pre-amended, in relation to a provision, means the provision 5
as it was in force immediately before the commencement. 6
`649 Application of particular provisions to dam with existing 7
flood mitigation manual 8
`(1) This section applies to a dam for which an existing flood 9
mitigation manual was in force immediately before the 10
commencement. 11
`(2) Section 371A(2) does not apply to the dam until after it is first 12
prescribed under a regulation under section 371A(1). 13
`(3) Section 374 applies to the owner of the dam as if the reference 14
in the section to the approval period were a reference to the 15
existing approval period. 16
`(4) To remove any doubt, it is declared that the application of 17
section 373 to the existing flood mitigation manual does not 18
limit the operation of section 371D, 371E or 371F in relation 19
to the preparation or approval of a flood mitigation manual. 20
`(5) This section applies despite sections 371A and 374. 21
`650 Reporting period for first annual preparedness report for 22
dam with existing flood mitigation manual 23
`(1) This section applies to the first annual preparedness report 24
required to be prepared after the commencement by the owner 25
of a dam for which an existing flood mitigation manual was in 26
force immediately before the commencement. 27
`(2) The reporting period for the annual preparedness report is the 28
period since the commencement. 29
`(3) This section applies despite section 376. 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 39]
`651 Effect of regulation amendment 1
`The amendment of the Water Supply (Safety and Reliability) 2
Regulation 2011 under the Water Legislation (Dam Safety and 3
Water Supply Enhancement) and Other Legislation 4
Amendment Act 2012 does not affect the power of the 5
Governor in Council to further amend the regulation or to 6
repeal it.'. 7
Clause 39 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions commencement and flood mitigation 9
manual-- 10
omit. 11
(2) Schedule 3-- 12
insert-- 13
`alternative procedure, for chapter 4, part 2, see section 14
378(b)(ii). 15
annual preparedness report see section 375(a). 16
approval period-- 17
(a) for chapter 4, part 1, division 2A--see section 352K(2); 18
or 19
(b) for chapter 4, part 2--see section 371G(2). 20
approved emergency action plan, for chapter 4, part 1, 21
division 2A, see section 352A. 22
approved flood mitigation manual see section 370. 23
authorisation request information, for chapter 4, part 2, see 24
section 379(1). 25
authorised alternative procedure, for chapter 4, part 2, see 26
sections 380(2) and 381(2). 27
chairperson, for chapter 4, part 1, division 2A, see section 28
352A. 29
commencement-- 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 39]
(a) for chapter 10, part 4, see section 640; or 1
(b) for chapter 10, part 5, see section 644. 2
dam failure hazard, for chapter 4, part 1, division 2A, see 3
section 352B. 4
department's website means the department's website on the 5
internet. 6
disaster district, for chapter 4, part 1, division 2A, see section 7
352A. 8
Disaster Management Act means the Disaster Management 9
Act 2003. 10
disaster management plan, for chapter 4, part 1, division 2A, 11
see section 352A. 12
disaster management review report, for chapter 4, part 1, 13
division 2A, see section 352G(3). 14
disaster management review response, for chapter 4, part 1, 15
division 2A, see section 352G(4). 16
district group, for chapter 4, part 1, division 2A, see section 17
352A. 18
downstream release hazard, for chapter 4, part 1, division 2A, 19
see section 352C. 20
emergency action plan see section 352A. 21
emergency condition, for chapter 4, part 1, division 2A, see 22
section 352A. 23
emergency event, for chapter 4, part 1, division 2A, see 24
section 352A. 25
emergency event interim report, for chapter 4, part 1, division 26
2A, see section 352U(2)(a). 27
emergency event report, for chapter 4, part 1, division 2A, see 28
section 352T(2). 29
emergency management chief executive, for chapter 4, part 30
1, division 2A, see section 352A. 31
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 4 Amendment of Water Supply (Safety and Reliability) Act 2008
[s 39]
existing approval period, for chapter 10, part 5, see section 1
648(2)(b). 2
existing dam, for chapter 10, part 5, see section 645(1). 3
existing flood mitigation manual see section 648(1). 4
existing procedure, for chapter 4, part 2, see section 5
378(b)(ii)(A). 6
feasibility advice, for chapter 4, part 3, see section 393(1). 7
flood event, for chapter 4, part 2, see section 371. 8
flood event interim report, for chapter 4, part 2, see section 9
384(2)(a). 10
flood event report, for chapter 4, part 2, see section 383(2). 11
flood mitigation manual, for a dam, see section 370. 12
forecast system, for chapter 4, part 2, see section 371D(e). 13
impact information, for chapter 4, part 3, see section 390(3). 14
impact information notice, for chapter 4, part 3, see section 15
391(1). 16
local disaster area, for chapter 4, part 1, division 2A, see 17
section 352A. 18
local disaster management plan, for chapter 4, part 1, 19
division 2A, see the Disaster Management Act, section 57(1). 20
local group, for chapter 4, part 1, division 2A, see the Disaster 21
Management Act, section 29. 22
proposed temporary full supply level, for chapter 4, part 3, 23
see section 390(1). 24
relevant disaster management group, for chapter 4, part 1, 25
division 2A, see section 352D. 26
relevant district group, for chapter 4, part 1, division 2A, see 27
section 352D(b). 28
relevant local group, for chapter 4, part 1, division 2A, see 29
section 352D(a). 30
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 5 Amendment of Water Supply (Safety and Reliability) Regulation 2011
[s 40]
relevant operational work, for chapter 8, part 2, see section 1
559. 2
resource operations plan see the Water Act, schedule 4. 3
responsible person, for chapter 4, part 2, see section 4
371D(d)(i). 5
safety requirements, for chapter 4, part 3, see section 396(2). 6
small service provider (non-urban) means a service provider 7
who is a small service provider under the definition small 8
service provider, paragraph (c) or (d). 9
temporary full supply level, for a dam, see section 388. 10
water security includes-- 11
(a) generally--the reliability of water supply; and 12
(b) for chapter 4, part 3--see section 388.'. 13
Part 5 Amendment of Water Supply 14
(Safety and Reliability) 15
Regulation 2011 16
Clause 40 Regulation amended 17
This part amends the Water Supply (Safety and Reliability) 18
Regulation 2011. 19
Clause 41 Renumber of s 2 (Prescribed CSG environmental 20
authorities) 21
Section 2-- 22
renumber as section 3. 23
Clause 42 Insertion of new s 2 24
After section 1-- 25
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Water Legislation (Dam Safety and Water Supply Enhancement) and Other Legislation
Amendment Bill 2012
Part 5 Amendment of Water Supply (Safety and Reliability) Regulation 2011
[s 43]
insert-- 1
`2 Prescribed dams for submitting flood mitigation manuals 2
and flood event reports--Act, s 371A 3
`For section 371A(1) of the Act, each of the following dams is 4
prescribed-- 5
(a) North Pine Dam; 6
(b) Somerset Dam; 7
(c) Wivenhoe Dam.'. 8
Clause 43 Amendment of schedule (Prescribed CSG environmental 9
authorities) 10
Schedule, heading, `section 2'-- 11
omit, insert-- 12
`section 3'. 13
© State of Queensland 2012
Page 64
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