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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Water Reform and Other
Legislation Amendment Bill
2014
Queensland
Water Reform and Other Legislation
Amendment Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement
Act 1965
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4 Insertion of new s 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
4D Authorisation of variation by further agreement . . . . . 29
5 Insertion of new sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Schedule 4 Proposed further agreement
Part 3 Amendment of Commonwealth Aluminium Corporation Pty.
Limited Agreement Act 1957
6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
7 Insertion of new s 4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
4E Authorisation of variation by further agreement . . . . . 32
8 Insertion of new sch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Schedule 5 Proposed further agreement
Part 4 Amendment of Mineral Resources Act 1989
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
10 Amendment of s 235 (General entitlements of holder of mining lease)36
11 Insertion of new ch 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Chapter 12A Provisions about water for mineral
development licences and mining leases
Part 1 Water rights for mineral development licences
and mining leases
334ZP Entitlement to use underground water . . . . . . . . . . . . 36
334ZQ Water monitoring activities . . . . . . . . . . . . . . . . . . . . . 38
Water Reform and Other Legislation Amendment Bill 2014
Contents
334ZR Authorisation for Water Act. . . . . . . . . . . . . . . . . . . . . 39
334ZS Water Act not otherwise affected . . . . . . . . . . . . . . . . 40
Part 2 Water monitoring authorities
Division 1 Obtaining water monitoring authority
334ZT Who may apply for water monitoring authority . . . . . . 40
334ZU Requirements for making application . . . . . . . . . . . . . 41
334ZV Deciding application for water monitoring authority . . 41
Division 2 Particular activities authorised for water
monitoring authorities
334ZW Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
334ZX Water monitoring activities . . . . . . . . . . . . . . . . . . . . . 43
334ZY Limited right to take or interfere with underground water 44
334ZZ Authorisation for Water Act. . . . . . . . . . . . . . . . . . . . . 44
334ZZA Water Act not otherwise affected . . . . . . . . . . . . . . . . 44
334ZZB Restriction on carrying out authorised activities. . . . . 44
334ZZC No right to mineral discovered . . . . . . . . . . . . . . . . . . 45
Division 3 Miscellaneous provisions
334ZZD Term of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
334ZZE Provision for who is the holder of a water monitoring
authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
334ZZF Additional condition of relevant mineral development licence
or mining lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
334ZZG Annual rent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
334ZZH Power to use security . . . . . . . . . . . . . . . . . . . . . . . . . 47
334ZZI Amending water monitoring authority by application . 47
334ZZJ Ownership of works constructed in connection with water
monitoring bore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
334ZZK Interfering with water monitoring bore . . . . . . . . . . . . 50
12 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 5 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
13 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
14 Amendment of s 185 (Underground water rights) . . . . . . . . . . . . 52
15 Insertion of new s 186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
186 Underground water rights--limited additional rights. . 52
16 Amendment of s 188 (Authorisation for Water Act) . . . . . . . . . . . 54
17 Amendment of s 189 (Water Act not otherwise affected) . . . . . . . 54
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Water Reform and Other Legislation Amendment Bill 2014
Contents
18 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 6 Amendment of River Improvement Trust Act 1940
19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
20 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
21 Amendment of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
22 Insertion of new s 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
2A Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
23 Replacement of pt 2 (Constitution of river improvement areas and trusts)
57
Part 2 Establishment of river improvement areas and
trusts
3 River improvement areas . . . . . . . . . . . . . . . . . . . . . . 57
4 Trusts for river improvement areas . . . . . . . . . . . . . . . 58
24 Amendment of s 5 (Membership of trust) . . . . . . . . . . . . . . . . . . . 58
25 Amendment of s 5A (Appointment of members to vacancies) . . . 60
26 Amendment of s 5F (Chairperson) . . . . . . . . . . . . . . . . . . . . . . . . 60
27 Amendment of s 5I (Casual vacancy). . . . . . . . . . . . . . . . . . . . . . 61
28 Amendment of s 5K (Removal from office as member) . . . . . . . . 61
29 Amendment of s 5L (Removal from office as chairperson or deputy
chairperson) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
30 Amendment of s 5M (Removal of all trust members) . . . . . . . . . . 62
31 Amendment of s 5N (Times and places of meetings) . . . . . . . . . 63
32 Insertion of new s 5RA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5RA Trust committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
33 Amendment of s 6 (Secretary, officers, and employees) . . . . . . . 63
34 Omission of s 6A (Maintenance of a superannuation scheme) . . 64
35 Replacement of s 7 (Trusts are bodies corporate) . . . . . . . . . . . . 64
Division 1 Status of trusts
7 Trusts are bodies corporate etc. . . . . . . . . . . . . . . . . . 64
36 Replacement of s 9 (Compulsory acquisition of land) . . . . . . . . . 65
Division 2 Powers for land and works
9 Compulsory acquisition of land . . . . . . . . . . . . . . . . . 65
37 Amendment of s 10 (Works which trust shall undertake or maintain) 65
38 Replacement of ss 11 and 11A . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 3 Improvement notices
11 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
11A Improvement notice . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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Water Reform and Other Legislation Amendment Bill 2014
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11B Recording of improvement notice. . . . . . . . . . . . . . . . 69
11C Requirement to comply with improvement notice. . . . 70
11D Compensation for crop damage . . . . . . . . . . . . . . . . . 70
11E Work by trust to ensure compliance with improvement notice
71
11F Action for debt does not stop proceeding for offence . 71
11G Injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 4 General
11H Other dealings in land are available to trust . . . . . . . . 73
39 Replacement of s 12 (Fund of the trust). . . . . . . . . . . . . . . . . . . . 73
12 Funds of the trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
40 Replacement of s 13 (Budget) . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
13 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
13A Unanticipated expenditure . . . . . . . . . . . . . . . . . . . . . 75
41 Amendment of s 14 (Liability of local government to contribute to trust)
76
42 Omission of s 14A (Contribution by harbour board in aid of works) 76
43 Amendment of s 14B (Other contributions in aid of works) . . . . . 77
44 Omission of pt 7 (State powers to undertake or maintain works) . 78
45 Omission of s 19A (Chief executive may conduct research and
experiments). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
46 Replacement of s 20 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . 78
20 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . 78
47 Omission of s 20A (Arrangements for auditing accounts of
superannuation schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
48 Amendment of s 21 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . . 79
49 Amendment of s 22 (Regulation-making power) . . . . . . . . . . . . . 79
50 Omission of pt 9 (Transitional provisions). . . . . . . . . . . . . . . . . . . 79
51 Amendment of sch 1 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79
Part 7 Amendment of Vegetation Management Act 1999
52 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
53 Replacement of s 20AB (What is the vegetation management
watercourse map). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
20AB What is the vegetation management watercourse and
drainage feature map . . . . . . . . . . . . . . . . . . . . . . . . . 81
54 Amendment of s 20ANA (What is a category R area) . . . . . . . . . 82
55 Insertion of new pt 6, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
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Water Reform and Other Legislation Amendment Bill 2014
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Division 11 Transitional provision for Water Reform And
Other Legislation Amendment Act 2014
124 References to regrowth watercourse area and vegetation
management watercourse map . . . . . . . . . . . . . . . . . 82
56 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Part 8 Amendment of Water Act 2000
57 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
58 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
59 Replacement of s 2 (Commencement). . . . . . . . . . . . . . . . . . . . . 84
2 Purposes of Act and their achievement . . . . . . . . . . . 84
60 Relocation and renumbering of s 3 (Definitions) . . . . . . . . . . . . . 86
61 Renumbering of s 4 (Act binds all persons) . . . . . . . . . . . . . . . . . 86
62 Replacement of ch 1, pt 2, hdg (Watercourses) . . . . . . . . . . . . . . 86
63 Amendment of s 5 (Meaning of watercourse) . . . . . . . . . . . . . . . 86
64 Insertion of new s 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
5AA Watercourse etc. may be mapped . . . . . . . . . . . . . . . 87
65 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
6 Meaning of domestic purposes . . . . . . . . . . . . . . . . . 89
66 Replacement of ch 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
67 Amendment of particular provisions of ch 2 (Allocation and sustainable
management) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Part 2 Obtaining information
25Y Obtaining information from a service provider . . . . . . 90
68 Insertion of new ch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Chapter 2 Management and allocation of water
Part 1 Water rights
Division 1 Ownership of water
26 Rights in all water vests in the State. . . . . . . . . . . . . . 91
Division 2 Allowing use of water
27 State may allow the use of water . . . . . . . . . . . . . . . . 91
Division 3 Restricting use of water
Subdivision 1 Restrictions for contamination and water
shortages
28 Limiting or prohibiting taking, or interfering with, water during
contamination or water shortages . . . . . . . . . . . . . . . 93
29 Limiting water taken under water licence, water permit or
water allocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 2 Moratorium notices
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30 Moratorium notices. . . . . . . . . . . . . . . . . . . . . . . . . . . 95
31 Effect of moratorium notice. . . . . . . . . . . . . . . . . . . . . 97
32 Offence to contravene moratorium notice. . . . . . . . . . 98
33 Application to vary effect of moratorium notice. . . . . . 98
34 Reviewing and replacing moratorium notices. . . . . . . 100
Division 4 Collecting information about water
35 Obtaining water information . . . . . . . . . . . . . . . . . . . . 101
36 Notice of works and water use . . . . . . . . . . . . . . . . . . 102
Part 2 Water planning
Division 1 Planning by the State
37 Planning for the management of water. . . . . . . . . . . . 103
38 Information for planning . . . . . . . . . . . . . . . . . . . . . . . 103
Division 2 Matters for and related to regulation
39 Matters for regulation . . . . . . . . . . . . . . . . . . . . . . . . . 104
40 Chief executive may release unallocated water . . . . . 105
Division 3 Water plans
41 What is a water plan . . . . . . . . . . . . . . . . . . . . . . . . . . 105
42 Minister may prepare a water plan . . . . . . . . . . . . . . . 105
43 Contents of a water plan . . . . . . . . . . . . . . . . . . . . . . 105
44 Preliminary public consultation. . . . . . . . . . . . . . . . . . 107
45 Making draft water plan . . . . . . . . . . . . . . . . . . . . . . . 108
46 Publishing draft water plan . . . . . . . . . . . . . . . . . . . . . 108
47 Decision about finalising water plan . . . . . . . . . . . . . . 109
48 Effect of a water plan . . . . . . . . . . . . . . . . . . . . . . . . . 109
49 Report on water plan . . . . . . . . . . . . . . . . . . . . . . . . . 110
50 Amending or replacing a water plan . . . . . . . . . . . . . . 110
51 Preparing an amendment or replacement of water plan 110
52 Amending a water plan to implement a water development
option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
53 Expiry of water plan . . . . . . . . . . . . . . . . . . . . . . . . . . 112
54 Postponement of expiry of water plan if water plan is not
being replaced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
55 Postponement of expiry of water plan while water plan is
being replaced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
56 Publication of new expiry date for plan . . . . . . . . . . . 113
Division 4 Water use plans
57 Minister may prepare water use plan . . . . . . . . . . . . . 114
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58 What is a water use plan . . . . . . . . . . . . . . . . . . . . . . 114
59 Contents of water use plans . . . . . . . . . . . . . . . . . . . . 114
60 Making draft water use plan . . . . . . . . . . . . . . . . . . . . 115
61 Publishing draft water use plan . . . . . . . . . . . . . . . . . 115
62 Decision about finalising water use plan . . . . . . . . . . 116
63 Effect of water use plan . . . . . . . . . . . . . . . . . . . . . . . 116
64 Public notice of content of water use plan . . . . . . . . . 116
65 Amending or replacing a water use plan . . . . . . . . . . 116
66 Preparing an amendment or replacement of a water use
plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
Division 5 Water management protocols
67 What is a water management protocol . . . . . . . . . . . . 117
68 Making a water management protocol . . . . . . . . . . . . 118
69 Amending or replacing a water management protocol 119
Division 6 Water entitlement notice
70 What is a water entitlement notice . . . . . . . . . . . . . . . 120
71 Making a water entitlement notice . . . . . . . . . . . . . . . 121
72 Draft water entitlement notice. . . . . . . . . . . . . . . . . . . 121
73 Additional requirements for notices for draft water
entitlement notices that establish water allocations . . 122
74 Reviewing submissions about draft water entitlement notice
123
75 Finalising water entitlement notice . . . . . . . . . . . . . . . 124
76 Effect of water entitlement notice . . . . . . . . . . . . . . . . 124
77 Publication of approved water entitlement notice . . . . 125
78 When water entitlement notice ceases to have effect 125
Division 7 Water development options
Subdivision 1 Preliminary
79 Definition for div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
80 What is a water development option . . . . . . . . . . . . . 125
Subdivision 2 Granting water development options
81 Declaration of major water infrastructure project . . . . 126
82 Matters chief executive must have regard to before making
declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
83 Granting a water development option on application . 128
84 Granting a water development option without application 128
85 Deciding to grant a water development option . . . . . . 129
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86 Content of a water development option . . . . . . . . . . . 129
87 Expiry of water development option . . . . . . . . . . . . . . 130
88 Extending term of water development option . . . . . . . 131
89 Transferring water development option. . . . . . . . . . . . 131
90 Cancelling a water development option . . . . . . . . . . . 131
Subdivision 3 Implementing water development options
91 Implementing a water development option . . . . . . . . . 133
92 Granting water entitlements and other authorisations for
water development options. . . . . . . . . . . . . . . . . . . . . 134
Part 3 How State authorises take or interference with
water
Division 1 Statutory authorisation to take or interfere with
water
Subdivision 1 Authorisations that may not be limited by water
planning instrument or regulation
93 General authorisations to take water . . . . . . . . . . . . . 135
94 General authorisations to interfere with water . . . . . . 135
95 Aboriginal and Torres Strait Islander parties . . . . . . . 136
96 Land owners may take water for stock purposes . . . . 137
97 Environmental authorities . . . . . . . . . . . . . . . . . . . . . . 137
98 Resource activities . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
99 Constructing authorities and water service providers. 138
Subdivision 2 Authorisations that may be limited by water
planning instrument or regulation
100 How this subdivision applies . . . . . . . . . . . . . . . . . . . 140
101 Authorisation that may be limited by water planning
instrument. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
102 Authorisations under water plans or regulation . . . . . 140
103 Authorisation to take water for stock or domestic purposes
may be limited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Division 2 Water licences
Subdivision 1 Preliminary
104 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
105 Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
106 What is a water licence . . . . . . . . . . . . . . . . . . . . . . . 144
Subdivision 2 Obtaining a water licences
107 Applying for a water licence . . . . . . . . . . . . . . . . . . . . 144
108 Applying for transmission water licence . . . . . . . . . . . 145
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109 When application may not be made . . . . . . . . . . . . . . 146
110 How application may be made . . . . . . . . . . . . . . . . . . 147
111 Additional information may be required . . . . . . . . . . . 147
112 Public notice of application for water licence . . . . . . . 147
113 Criteria for deciding application for water licence . . . . 149
114 Deciding application for water licence . . . . . . . . . . . . 150
115 Effect of disposal of part of land to which application for
water licence relates. . . . . . . . . . . . . . . . . . . . . . . . . . 151
116 Granting a water licence under a process in a plan or
regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
Subdivision 3 Contents, terms and conditions of water
licences
117 Contents of water licence . . . . . . . . . . . . . . . . . . . . . . 152
118 Conditions of water licence . . . . . . . . . . . . . . . . . . . . 153
119 Where water under certain licences must be used . . 153
Subdivision 4 Dealings with water licences
120 What are dealings with water licences . . . . . . . . . . . . 154
121 Who may apply for dealing with water licence . . . . . . 154
122 How to apply for dealing with water licence . . . . . . . . 155
123 Application to amend water licence to add or remove land
156
124 Water licence remains in force until application for renewal
decided. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
125 Application to reinstate expired water licence . . . . . . 157
126 Application to relocate water licence etc. . . . . . . . . . . 158
127 Application for a seasonal water assignment . . . . . . . 159
128 Additional information may be required for application for
dealings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
129 When chief executive must refuse application . . . . . . 160
130 When dealing must be assessed as if it were a new water
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
131 Recording other dealings . . . . . . . . . . . . . . . . . . . . . 161
132 Actions chief executive may take in relation to water licences
162
133 Actions chief executive must take in relation to water
licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
134 Amendment of water licence after show cause process 163
135 Cancellation of water licence . . . . . . . . . . . . . . . . . . . 164
136 Surrender of a water licence . . . . . . . . . . . . . . . . . . . 165
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Division 3 Water permits
137 Applying for water permit . . . . . . . . . . . . . . . . . . . . . . 165
138 Criteria for deciding application for water permit . . . . 166
139 Deciding application for water permit . . . . . . . . . . . . . 166
140 Contents of water permit . . . . . . . . . . . . . . . . . . . . . . 167
141 Conditions of water permit . . . . . . . . . . . . . . . . . . . . . 167
142 Cancelling water permit . . . . . . . . . . . . . . . . . . . . . . . 167
Division 4 Water allocations
Subdivision 1 Preliminary
143 Meaning of element of a water allocation . . . . . . . . . . 168
144 Meaning of maximum rate for div 4 . . . . . . . . . . . . . . 168
145 Meaning of volumetric limit for div 4 . . . . . . . . . . . . . . 169
Subdivision 2 Converting water entitlements and granting
water allocations
146 Converting water entitlements . . . . . . . . . . . . . . . . . . 170
147 Granting water allocations under a process in a plan or to
implement a water development option . . . . . . . . . . . 171
148 Relationship between water plans and water allocation 172
149 Security for supply and storage of water allocation . . 173
150 Amending water allocations . . . . . . . . . . . . . . . . . . . . 173
151 Correcting water allocation when recording the granting or
amending . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
152 Registration details for water allocations . . . . . . . . . . 174
153 Water allocations to which a distribution operations licence
applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
154 Preservation of obligation in particular circumstances 176
155 Disclosure to proposed transferee or lessee of water
allocation to which distribution operations licence applies
177
Subdivision 3 Dealings with water allocations
156 Meaning of water allocation dealing . . . . . . . . . . . . . . 178
157 Transfers or leases of water allocations not managed under
a resource operations licence . . . . . . . . . . . . . . . . . . 179
158 Water allocation dealing rules . . . . . . . . . . . . . . . . . . 179
159 Applying for water allocation dealing consistent with water
allocation dealing rules. . . . . . . . . . . . . . . . . . . . . . . . 181
160 Form and validity of certificate . . . . . . . . . . . . . . . . . . 182
161 Registering approved application for a water allocation
dealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
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162 Water allocations may be surrendered . . . . . . . . . . . . 182
163 Cancelling water allocations . . . . . . . . . . . . . . . . . . . . 183
164 Water allocations may be forfeited . . . . . . . . . . . . . . . 184
165 Dealing with water allocations granted or dealt with through
fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
166 Priority for applying proceeds of sale of water allocations
under a power of sale . . . . . . . . . . . . . . . . . . . . . . . . . 186
167 Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
168 Water allocations register . . . . . . . . . . . . . . . . . . . . . . 187
169 Form of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
170 Interests and dealings that may be registered . . . . . . 189
171 Effect on priority of notices given under s 73(1)(b). . . 190
172 Effect on priority of notices given under s 73(1)(c) . . . 191
173 Application of Land Title Act 1994 to water allocations
register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
174 Application of other Acts to the water allocations register 194
175 Searching water allocations register . . . . . . . . . . . . . 194
Division 5 Resource operations licences and distribution
operations licences
Subdivision 1 Nature and content of resource operations
licences and distribution operations licences
176 What is a resource operations licence . . . . . . . . . . . . 195
177 What is a distribution operations licence . . . . . . . . . . 195
178 Nomination and approval of entity as distribution operations
licence holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
179 Content of a resource operations licence or distribution
operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 198
Subdivision 2 Granting or amending resource operations
licence or distribution operations licence
180 Chief executive may grant a resource operations licence or
distribution operations licence without application . . . 199
181 Application for resource operations licence or distribution
operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
182 Deciding application for resource operations licence or
distribution operations licence . . . . . . . . . . . . . . . . . . 200
183 Chief executive must amend a resource operations licence
or distribution operations licence for consistency with water
plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
184 Holder may apply to amend resource operations licence or
distribution operations licence . . . . . . . . . . . . . . . . . . 202
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185 Chief executive may amend resource operations licence or
distribution operations licence in an emergency . . . . 203
186 Minor, stated or agreed amendments of resource operations
licence or distribution operations licence . . . . . . . . . . 203
Subdivision 3 Transferring, amalgamating and cancelling
resource operations licences or distribution
operations licences
187 Applying for transfer of licence . . . . . . . . . . . . . . . . . . 204
188 Additional requirements for transfer of distribution operations
licence to nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
189 Additional information may be required . . . . . . . . . . . 205
190 Deciding application to transfer licence . . . . . . . . . . . 206
191 Approving application to transfer licence . . . . . . . . . . 206
192 Refusing application to transfer licence . . . . . . . . . . . 207
193 Amalgamating licences . . . . . . . . . . . . . . . . . . . . . . . 208
194 Cancelling licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
195 Procedure for cancelling licence. . . . . . . . . . . . . . . . . 211
196 Cancelling licence no longer required . . . . . . . . . . . . 212
Subdivision 4 Operations manuals
197 Requirement to have an operations manual. . . . . . . . 213
198 Approval of operations manual. . . . . . . . . . . . . . . . . . 214
199 Resolving disputes about approval of operations manual 214
200 Application to amend or replace operations manual . 215
201 Operations manual must remain consistent with water plan,
resource operations licence and distribution operations
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
Subdivision 5 Audit reports
202 Preparing regular audit reports . . . . . . . . . . . . . . . . . 217
203 Access for conducting a relevant audit . . . . . . . . . . . . 217
Division 6 Operations licences
Subdivision 1 Preliminary
204 Purpose of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
205 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Subdivision 2 Granting operations licences
206 Applying for operations licence. . . . . . . . . . . . . . . . . . 219
207 Additional information may be required . . . . . . . . . . . 219
208 Criteria for deciding application for operations licence 219
209 Deciding application for operations licence . . . . . . . . 220
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210 Conditions of operations licence . . . . . . . . . . . . . . . . 221
Subdivision 3 Dealings with operations licences
211 Amending operations licences on application of licensee 221
212 Giving show cause notice about proposed amendment of
operations licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
213 When chief executive must amend operations licence 222
214 Minor amendment of operations licence . . . . . . . . . . 223
215 Transferring operations licence. . . . . . . . . . . . . . . . . . 223
216 Surrendering operations licence. . . . . . . . . . . . . . . . . 224
217 Cancelling operations licence. . . . . . . . . . . . . . . . . . . 224
Part 4 Riverine protection
Division 1 Granting permits for excavating or placing fill in
a watercourse, lake or spring
218 Applying for permit to excavate or place fill in a watercourse,
lake or spring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225
219 Additional information may be required . . . . . . . . . . . 226
220 Criteria for deciding application . . . . . . . . . . . . . . . . . 226
221 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 227
Division 2 Dealings with riverine protection permits
222 Amending conditions or cancelling permit . . . . . . . . . 228
223 Deciding whether to proceed with proposed cancellation or
amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
224 Immediate suspension of riverine protection permit in
exceptional circumstances . . . . . . . . . . . . . . . . . . . . . 229
Division 3 Notices
225 Notice to owner of land to remove vegetation etc. . . . 231
Part 5 Quarry materials
Division 1 Preliminary
226 Ownership and management of certain quarry material 232
Division 2 Granting and selling allocations of quarry
material
227 Applying for allocation of quarry material . . . . . . . . . . 233
228 Additional information may be required . . . . . . . . . . . 234
229 Criteria for deciding application for allocation of quarry
material. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
230 Deciding application for allocation of quarry material. 235
231 Selling allocation of State quarry material by auction or
tender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
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Division 3 Content and conditions of allocation notices
232 Content of allocation notices . . . . . . . . . . . . . . . . . . . 236
233 Conditions of allocation notices . . . . . . . . . . . . . . . . . 237
234 Financial assurance for allocation of quarry material . 237
Division 4 Dealings with allocations of quarry material
235 Transferring allocation of quarry material . . . . . . . . . . 237
236 Renewing allocations of quarry material . . . . . . . . . . 239
237 Amending, suspending or cancelling allocation notice 240
238 Deciding whether to proceed with proposed amendment,
suspension or cancellation of allocation notice . . . . . 241
239 Surrendering allocation notice . . . . . . . . . . . . . . . . . . 242
Division 5 General
240 Royalty or price for State quarry material . . . . . . . . . . 242
Part 6 Miscellaneous
241 Referral panels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
242 Minister may direct chief executive to establish referral panel
243
69 Amendment of s 361 (Purpose of ch 3) . . . . . . . . . . . . . . . . . . . . 244
70 Amendment of s 362 (Definitions for ch 3) . . . . . . . . . . . . . . . . . . 244
71 Amendment of s 363 (Water bores to which ch 3 applies) . . . . . . 245
72 Replacement of s 364 (References to petroleum tenure holder in ch 3)
246
364 References in ch 3 to resource tenures and holders of
resource tenures if the tenure ends . . . . . . . . . . . . . . 246
73 Amendment of s 365 (Declaring cumulative management areas) 247
74 Amendment of ch 3, pt 1, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . . 248
75 Amendment of s 366 (Obligation to use best endeavours to obtain
approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
76 Amendment of s 367 (Obligation to use best endeavours to obtain
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
77 Amendment of s 368 (Who is a responsible entity) . . . . . . . . . . . 249
78 Amendment of s 369 (Who is a responsible tenure holder) . . . . . 249
79 Insertion of new s 369A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
369A Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
80 Amendment of s 370 (Obligation to give underground water impact
report). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251
81 Insertion of new ss 370A and 370B . . . . . . . . . . . . . . . . . . . . . . . 252
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370A When obligation to give underground water impact report
does not apply--exemption for low risk resource tenures 252
370B When obligation to give further underground water impact
report does not apply . . . . . . . . . . . . . . . . . . . . . . . . . 252
82 Amendment of s 371 (When obligation to give underground water
impact report does not apply). . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
83 Replacement of s 372 (Obligation to give notice of closure--general)
254
372 Obligation to give notice of closure--general . . . . . . . 255
84 Amendment of s 373 (Obligation to give notice of closure--relevant
events) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
85 Amendment of s 374 (Obligation to give final report) . . . . . . . . . . 256
86 Amendment of s 375 (When obligation to give final report does not
apply) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
87 Amendment of s 376 (Content of underground water impact report) 257
88 Amendment of s 378 (Content of water monitoring strategy) . . . . 258
89 Amendment of s 379 (Content of spring impact management strategy)
258
90 Amendment of s 382 (Public notice and copies of report) . . . . . . 258
91 Amendment of s 385 (Decision on report) . . . . . . . . . . . . . . . . . . 259
92 Amendment of s 386 (Publishing approval and making report available)
259
93 Amendment of s 388 (Effect of approved underground water impact
report). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
94 Amendment of s 389 (Effect of approved final report) . . . . . . . . . 260
95 Amendment of s 390 (Compliance with approved reports) . . . . . 260
96 Amendment of s 391 (Minor or agreed amendments of approved report)
260
97 Amendment of s 393 (Other amendments) . . . . . . . . . . . . . . . . . 261
98 Amendment of s 394 (What is a baseline assessment) . . . . . . . . 261
99 Insertion of new s 394A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
394A Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
100 Amendment of s 396 (Method of undertaking baseline assessment) 263
101 Amendment of s 397 (Obligation to prepare baseline assessment plan)
263
102 Replacement of s 398 (Requirements for baseline assessment
timetable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
398 Requirements for baseline assessment timetable . . . 265
103 Amendment of s 399 (Approval of baseline assessment plan) . . 266
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104 Replacement of s 400 (Compliance with approved baseline assessment
plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
400 Compliance with approved baseline assessment plan 266
105 Amendment of s 401 (Application to amend) . . . . . . . . . . . . . . . . 267
106 Amendment of s 402 (Direction by chief executive to undertake baseline
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
107 Amendment of s 403 (Notice of intention to undertake baseline
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
108 Amendment of s 404 (Bore owner must give information) . . . . . . 269
109 Amendment of s 405 (Notice of outcome of baseline assessment) 269
110 Amendment of s 406 (Obligation to negotiate general agreement) 269
111 Amendment of s 407 (Effect of an agreement under this part) . . 270
112 Amendment of s 409 (Make good obligations for water bores) . . 270
113 Amendment of s 411 (What is a bore assessment) . . . . . . . . . . . 270
114 Amendment of s 414 (Method of undertaking bore assessment). 271
115 Amendment of s 416 (Bore owner must give information) . . . . . . 271
116 Amendment of s 418 (Direction by chief executive to undertake bore
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
117 Amendment of s 419 (Notice of outcome of bore assessment) . . 271
118 Amendment of s 422 (Persons bound by make good agreement) 272
119 Amendment of s 423 (Requirement to enter into make good agreement
and reimburse bore owner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
120 Amendment of s 425 (Application of div 4). . . . . . . . . . . . . . . . . . 272
121 Amendment of s 436 (Provisions for deciding any compensation) 273
122 Amendment of s 437 (Land Court's decision binds successors and
assigns) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
123 Amendment of s 438 (Application of make good obligations to particular
bores) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
124 Amendment of s 439 (Continuation of underground water obligations)
273
125 Amendment of s 440 (Petroleum tenure holder may start complying with
make good obligations before final report approved) . . . . . . . . . . 274
126 Amendment of s 441 (Right of entry after petroleum tenure ends to
comply with particular obligations) . . . . . . . . . . . . . . . . . . . . . . . . 274
127 Amendment of s 448 (Application of div 1). . . . . . . . . . . . . . . . . . 275
128 Amendment of s 449 (Chief executive may direct petroleum tenure
holder to carry out water monitoring activities). . . . . . . . . . . . . . . 275
129 Amendment of s 451 (Power to give direction). . . . . . . . . . . . . . . 275
130 Amendment of s 452 (Offence to fail to comply with direction) . . 275
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131 Amendment of s 453 (Chief executive may take action and recover
costs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
132 Amendment of s 454 (Directions to petroleum tenure holders and bore
owners to give information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
133 Amendment of s 456 (Functions of office) . . . . . . . . . . . . . . . . . . 276
134 Amendment of s 460 (Obtaining information about underground water
from petroleum tenure holders) . . . . . . . . . . . . . . . . . . . . . . . . . . 276
135 Amendment of s 479 (Annual levy for underground water management)
277
136 Insertion of new s 479A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
479A Recovery of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
137 Amendment of s 480 (Payment of amounts into Groundwater Impact
Assessment Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
138 Amendment of s 483 (Public access to database) . . . . . . . . . . . . 279
139 Amendment of s 484 (Petroleum tenure holder access to information)
279
140 Insertion of new s 485 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
485 Chief executive's access to information . . . . . . . . . . . 279
141 Amendment of s 542 (Purposes of ch 4) . . . . . . . . . . . . . . . . . . . 279
142 Replacement of ch 4, pt 2, hdg (Establishing water authorities) . 280
143 Amendment of s 548 (Establishing water authorities) . . . . . . . . . 280
144 Omission of ss 552-555. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
145 Amendment of s 556 (Amending establishment regulation). . . . . 280
146 Amendment of s 572 (Power to make and levy rates and charges) 281
147 Omission of s 574 (Interest on overdue rates and charges). . . . . 281
148 Amendment of s 584 (Water authority may enter into work performance
arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282
149 Amendment of s 585 (Duties and liabilities of water authority officers)
282
150 Amendment of s 598 (Composition of board for water authorities) 282
151 Replacement of s 600 (Appointment) . . . . . . . . . . . . . . . . . . . . . . 283
600 Appointment of directors . . . . . . . . . . . . . . . . . . . . . . 283
152 Amendment of s 602 (Administration of water authority) . . . . . . . 283
153 Insertion of new s 604A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
604A Special provision for director nominated by local government
284
154 Amendment of s 607 (Termination of appointment as director) . . 284
155 Amendment of s 608 (Casual vacancy) . . . . . . . . . . . . . . . . . . . . 285
156 Amendment of s 609 (Removal of board). . . . . . . . . . . . . . . . . . . 285
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157 Amendment of s 618 (Power to grant relief) . . . . . . . . . . . . . . . . . 285
158 Amendment of s 619 (False or misleading information or documents)
285
159 Insertion of new s 619A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
619A Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286
160 Omission of ch 4, pt 4A (Employing offices for water authorities) 286
161 Amendment of s 691 (Dissolution of water authority and authority area)
286
162 Insertion of new s 691A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 287
691A Distribution contract applying for particular water allocations
287
163 Amendment of s 692 (Public notice of proposed amalgamation or
dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
164 Omission of s 693 (Content of notice of proposed amalgamation or
dissolution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290
165 Amendment of s 695 (Water authority may request its dissolution) 290
166 Amendment of s 695A (Closed water activity agreement) . . . . . . 291
167 Omission of ss 698-700. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
168 Amendment of s 700A (Alternative process for proposed transfer) 291
169 Amendment of s 704 (Existing employees) . . . . . . . . . . . . . . . . . 292
170 Amendment of s 706 (Non-liability for State taxes) . . . . . . . . . . . 292
171 Amendment of s 808 (Unauthorised taking, supplying or interfering with
water) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
172 Omission of ss 812A and 812B . . . . . . . . . . . . . . . . . . . . . . . . . . 293
173 Amendment of s 813 (Contravening licence condition) . . . . . . . . 293
174 Amendment of s 814 (Excavating or placing fill without permit) . . 293
175 Amendment of s 816 (Unauthorised water bore activities). . . . . . 294
176 Amendment of s 921 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 294
177 Amendment of s 936 (Responsibility for acts or omissions of
representatives) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
178 Amendment of s 968 (Chief executive as assessing authority or advice
agency). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
179 Insertion of new ch 8, pt 2B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
Part 2B Water bore drillers
Division 1 Granting water bore driller's licences
981 Applying for water bore driller's licence . . . . . . . . . . . 295
982 Additional information may be required . . . . . . . . . . . 296
983 Deciding application for water bore driller's licence . . 297
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983A Conditions of water bore driller's licence . . . . . . . . . . 297
Division 2 Dealings with water bore driller's licences
983B Applying to amend water bore driller's licence . . . . . . 298
983C Giving show cause notice about proposed amendment of
water bore driller's licence . . . . . . . . . . . . . . . . . . . . . 298
983D Deciding proposed amendment of water bore driller's licence
298
983E Minor or stated amendments of water bore driller's licence
299
983F Renewing water bore driller's licence . . . . . . . . . . . . . 299
983G Reinstating expired water bore driller's licence . . . . . 300
983H Suspending water bore driller's licence . . . . . . . . . . . 301
983I Cancelling water bore driller's licence . . . . . . . . . . . . 302
Division 3 General
983J Production of licence to authorised officer . . . . . . . . . 303
983K Failure to return suspended, cancelled or expired licence
304
983L Records of water bores drilled . . . . . . . . . . . . . . . . . . 305
983M Replacing lost or destroyed water bore driller's licence 305
180 Insertion of new ch 8, pt 3C, div 1, hdg . . . . . . . . . . . . . . . . . . . . 306
181 Amendment of s 992G (Definitions for pt 3C). . . . . . . . . . . . . . . . 306
182 Amendment of s 992H (Application of pt 3C) . . . . . . . . . . . . . . . . 307
183 Amendment of s 992I (Continuation of authority and grant of water
licence to replace authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
184 Amendment of s 992J (Amendment of water licence that replaces
authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
185 Insertion of new ch 8, pt 3C, divs 2 and 3 . . . . . . . . . . . . . . . . . . 308
Division 2 Particular authority for Alcan agreement Act
and Comalco agreement Act
992K Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 308
992L Continuation of authority and grant of water licence . 309
Division 3 Other authorities
992M Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
992N Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
992O Relevant company may request water entitlement. . . 311
992P Effect of grant of water entitlement on existing authority to
take or interfere with water under the special agreement 312
186 Omission of ss 1004 and 1004A . . . . . . . . . . . . . . . . . . . . . . . . . 313
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Water Reform and Other Legislation Amendment Bill 2014
Contents
187 Amendment of s 1006 (Declarations about watercourses). . . . . . 313
188 Replacement of s 1009 (Public inspection and purchase of documents)
314
1009 Public inspection and purchase of documents . . . . . . 314
189 Insertion of new s 1009A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
1009A Publishing under this Act . . . . . . . . . . . . . . . . . . . . . . 315
190 Insertion of new s 1013AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316
1013AA Acceptance of particular requests and applications not in the
approved form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
191 Insertion of new ss 1013C and 1013CA. . . . . . . . . . . . . . . . . . . . 317
1013C Fees--payment methods . . . . . . . . . . . . . . . . . . . . . . 317
1013CA Fees--evidence and timing of payment . . . . . . . . . . . 317
192 Amendment of s 1013E (Advice to Petroleum Act Minister about
commission of particular offences). . . . . . . . . . . . . . . . . . . . . . . . 318
193 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . 319
194 Amendment of s 1046 (Declared subartesian areas). . . . . . . . . . 319
195 Omission of s 1117A (When conditions of supply contract do not apply)
319
196 Omission of ch 9, pt 5, div 8 (Transitional provisions for Statutory Bodies
Legislation Amendment Act 2007) . . . . . . . . . . . . . . . . . . . . . . . . 320
197 Omission of ch 9, pt 5, div 10 (Transitional provisions for Local
Government and Other Legislation (Indigenous Regional Councils)
Amendment Act 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
198 Omission of s 1166 (Codes for assessment under the Sustainable
Planning Act 2009) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
199 Omission of ch 9, pt 5, div 15 (Transitional provisions for South-East
Queensland Water (Distribution and Retail Restructuring) and Other
Legislation Amendment Act 2010) . . . . . . . . . . . . . . . . . . . . . . . . 320
200 Omission of ch 9, pt 5, div 18 (Transitional provision for Water
Legislation (Dam Safety and Water Supply Enhancement) and Other
Legislation Amendment Act 2012) . . . . . . . . . . . . . . . . . . . . . . . . 320
201 Amendment of ch 9 (Transitional provisions and repeals) . . . . . . 320
Part 8 Transitional and saving provisions for Water
Reform And Other Legislation Amendment Act
2014
1250 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
1251 Existing authorisations continue to have effect . . . . . 322
1252 Limitations and prohibitions relating to water in force before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 322
1253 Continuation under the amended Act of notices or
documents published by Minister or chief executive . 323
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Water Reform and Other Legislation Amendment Bill 2014
Contents
1254 Request or notice by chief executive under unamended Act
324
1255 Submissions made to Minister under unamended Act 324
1256 Water resource plans taken to be water plans . . . . . . 324
1257 References to water resource plans taken to be references
to water plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
1258 Notices given, or submissions made, to chief executive
under unamended Act . . . . . . . . . . . . . . . . . . . . . . . . 326
1259 Stated provisions of a resource operations plan are taken to
be, or are included in, other documents . . . . . . . . . . 327
1260 Provisions of resource operations plan taken to be included
in a resource operations licence. . . . . . . . . . . . . . . . . 329
1261 Provisions of a resource operations plan taken to be an
operations manual . . . . . . . . . . . . . . . . . . . . . . . . . . . 329
1262 Provisions of resource operations plan taken to be included
in a distribution operations licence . . . . . . . . . . . . . . . 329
1263 Provisions of resource operations plan taken to be included
in a water licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
1264 Provisions of resource operations plan taken to be included
in a water plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
1265 Provisions of Burnett water resource plan taken to be
included in operations manual . . . . . . . . . . . . . . . . . . 330
1266 References to resource operations plans. . . . . . . . . . 331
1267 Request to water infrastructure operators to provide
proposed arrangements for management of water . . 332
1268 Applications made but not decided before commencement
333
1269 Applications decided but not given effect before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 334
1270 Certificates or notices about water allocations continue
under the amended Act . . . . . . . . . . . . . . . . . . . . . . . 334
1271 Interim resource operations licences and interim water
allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335
1272 Applications about a water licence under unamended Act if
required notice has not been published . . . . . . . . . . 335
1273 Notices published about an application under unamended
Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
1274 Show cause process started before commencement 337
1275 Referral panels continued under amended Act . . . . . 337
1276 Unallocated water release process started before
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338
1277 Special provision for particular petroleum tenure holders 338
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Water Reform and Other Legislation Amendment Bill 2014
Contents
1278 Provision for old s 365 (Declaring cumulative management
areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341
1279 Provision for existing agreements between mining tenure
holders and bore owners . . . . . . . . . . . . . . . . . . . . . . 343
1280 Continuation of effect of ss 812A and 812B . . . . . . . . 343
1281 Transitional regulation-making power . . . . . . . . . . . . . 343
202 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 344
Part 9 Amendments relating to mining safety
Division 1 Amendment of Coal Mining Safety and Health Act 1999
203 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
204 Amendment of s 41 (Obligations of coal mine operators) . . . . . . 356
205 Amendment of s 62A (Additional requirement for coal mining operation
for incidental coal seam gas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356
206 Insertion of new pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357
Division 3A Joint interaction management plans for
overlapping resource authorities
64C Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 357
64D Definitions for div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 357
64E Requirement for joint interaction management plan. . 358
64F Content of joint interaction management plan . . . . . . 359
64G Notification of making of joint interaction management plan
362
64H Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362
64I Availability of joint interaction management plan . . . . 364
207 Amendment of s 67 (Plans of coal mine workings) . . . . . . . . . . . 364
208 Replacement of s 73B (Qualifications for appointment) . . . . . . . . 365
73B Qualifications for appointment . . . . . . . . . . . . . . . . . . 365
209 Amendment of s 255 (Proceedings for offences) . . . . . . . . . . . . . 365
210 Insertion of new pt 20, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 366
Division 4 Transitional provision for Water Reform and
Other Legislation Amendment Act 2014
303 Application of joint interaction management plan provisions
366
211 Amendment of sch 2 (Subject matter for regulations) . . . . . . . . . 367
212 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 368
Division 2 Amendment of Mineral and Energy Resources (Common
Provisions) Act 2014
213 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 369
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Water Reform and Other Legislation Amendment Bill 2014
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214 Amendment of s 10 (What is a resource authority) . . . . . . . . . . . 369
215 Amendment of s 175 (Application of div 4). . . . . . . . . . . . . . . . . . 369
Division 3 Amendment of Mining and Quarrying Safety and Health Act
1999
216 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370
217 Amendment of s 234 (Proceedings for offences) . . . . . . . . . . . . . 370
Division 4 Amendment of Petroleum and Gas (Production and Safety)
Act 2004
218 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
219 Replacement of ss 386-389. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 371
386 Requirement for joint interaction management plan . 371
220 Amendment of s 392BO (Application of provisions for resolving disputes
about reasonableness of proposed provision) . . . . . . . . . . . . . . . 372
221 Amendment of s 669 (Making safety requirement). . . . . . . . . . . . 372
222 Amendment of s 674 (Requirement to have safety management plan)
373
223 Amendment of s 675 (Content requirements for safety management
plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373
224 Amendment of s 675A (Generic safety management plans) . . . . 374
225 Amendment of s 678A (Requirement to have resulting records for safety
management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
226 Amendment of s 688 (Executive safety manager's general obligations)
375
227 Amendment of ch 9, pt 4, div 5, hdg (Additional obligations of operator of
operating plant on coal or oil shale mining lease) . . . . . . . . . . . . 375
228 Replacement of ch 9, pt 4, div 5, sdiv 1 (Principal hazard management
plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 375
Subdivision 1 Joint interaction management plans
705 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 376
705A Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 376
705B Requirement for joint interaction management plan. . 377
705C Content of joint interaction management plan . . . . . . 378
705CA Notification of making of joint interaction management plan
381
705CB Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381
229 Amendment of s 728B (Interim licence or authorisation) . . . . . . . 382
230 Insertion of new ss 731A and 731B . . . . . . . . . . . . . . . . . . . . . . . 383
731A Person may owe obligations in more than 1 capacity. 383
731B Person not relieved of obligations. . . . . . . . . . . . . . . . 383
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Water Reform and Other Legislation Amendment Bill 2014
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231 Amendment of s 736 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . . 383
232 Amendment of s 834 (Other evidentiary aids) . . . . . . . . . . . . . . . 384
233 Amendment of s 837 (Offences under Act are summary) . . . . . . 384
234 Insertion of new ch 15, pt 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 385
Part 19 Transitional provision for Water Reform and
Other Legislation Amendment Act 2014
990 Application of joint interaction management plan provisions
385
235 Amendment of sch 1 (Reviews and appeals) . . . . . . . . . . . . . . . . 386
236 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 386
Division 5 Amendment of Mineral Resources Regulation 2013
237 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
238 Replacement of ch 2, pt 4, div 4 (Conditions applying to particular coal
mining leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
Division 4 Joint interaction management plans
23 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 388
24 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 389
25 Requirement for joint interaction management plan. . 389
26 Content of joint interaction management plan . . . . . . 391
27 Notification of making of joint interaction management plan
393
28 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 393
29 Holder must stop coal mining operations in particular
circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 395
239 Amendment of s 94 (Prescribed way for making applications etc.--Act, s
386O) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
240 Insertion of new ch 4, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 396
Part 10 Transitional provision for Water Reform and
Other Legislation Amendment Act 2014
111 Application of joint interaction management plan provisions
396
241 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 397
Part 10 Amendment of particular statutory instruments
Division 1 Amendment of Environmental Offsets Regulation 2014
242 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 398
243 Amendment of sch 2 (Prescribed environmental matters--matters of
State environmental significance). . . . . . . . . . . . . . . . . . . . . . . . . 398
Division 2 Amendment of Sustainable Planning Regulation 2009
244 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
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Water Reform and Other Legislation Amendment Bill 2014
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245 Amendment of sch 3 (Assessable development, self-assessable
development and type of assessment). . . . . . . . . . . . . . . . . . . . . 399
246 Amendment of sch 5 (Applicable codes, laws, policies and prescribed
matters for particular development) . . . . . . . . . . . . . . . . . . . . . . . 399
247 Amendment of sch 7 (Referral agencies and their jurisdictions) . 399
248 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 399
Division 3 Amendment of Water Resource (Great Artesian Basin) Plan
2006
249 Plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
250 Replacement of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . 400
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
251 Amendment of s 10 (Decisions about taking water) . . . . . . . . . . . 400
252 Replacement of s 11 (Limitation on taking or interfering with water--Act,
s 20(2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 400
11 Limitation on taking or interfering with water--Act, s 101 401
253 Replacement of s 26 (Limitation on volume of unallocated water
granted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401
26 Limitation of volume of unallocated water granted . . . 401
Part 11 Other amendments
254 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
255 Plans amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402
256 Mining safety legislation amended . . . . . . . . . . . . . . . . . . . . . . . . 402
Schedule 1 Minor or consequential amendments of particular legislation 403
Cape York Peninsula Heritage Act 2007 . . . . . . . . . . . . . . . . . . . 403
Coastal Protection and Management Act 1995 . . . . . . . . . . . . . . 403
Land Valuation Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 404
State Development and Public Works Organisation Act 1971 . . . 404
Water Act 2000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404
Water Supply (Safety and Reliability) Act 2008 . . . . . . . . . . . . . . 412
Environmental Protection (Water) Policy 2009 . . . . . . . . . . . . . . . 413
Sustainable Planning Regulation 2009. . . . . . . . . . . . . . . . . . . . . 413
Schedule 2 Amendment of Water Resource Plans . . . . . . . . . . . . . . . . . . 415
Water Resource (Baffle Creek Basin) Plan 2010 . . . . . . . . . . . . . 415
Water Resource (Barron) Plan 2002 . . . . . . . . . . . . . . . . . . . . . . 415
Water Resource (Border Rivers) Plan 2003 . . . . . . . . . . . . . . . . . 415
Water Resource (Boyne River Basin) Plan 2013 . . . . . . . . . . . . . 416
Page 25
Water Reform and Other Legislation Amendment Bill 2014
Contents
Water Resource (Burdekin Basin) Plan 2007. . . . . . . . . . . . . . . . 416
Water Resource (Burnett Basin) Plan 2014 . . . . . . . . . . . . . . . . . 416
Water Resource (Calliope River Basin) Plan 2006. . . . . . . . . . . . 417
Water Resource (Condamine and Balonne) Plan 2004 . . . . . . . . 417
Water Resource (Cooper Creek) Plan 2011. . . . . . . . . . . . . . . . . 417
Water Resource (Fitzroy Basin) Plan 2011 . . . . . . . . . . . . . . . . . 418
Water Resource (Georgina and Diamantina) Plan 2004 . . . . . . . 418
Water Resource (Gold Coast) Plan 2006 . . . . . . . . . . . . . . . . . . . 418
Water Resource (Gulf) Plan 2007 . . . . . . . . . . . . . . . . . . . . . . . . 419
Water Resource (Logan Basin) Plan 2007 . . . . . . . . . . . . . . . . . . 419
Water Resource (Mary Basin) Plan 2006 . . . . . . . . . . . . . . . . . . . 419
Water Resource (Mitchell) Plan 2007. . . . . . . . . . . . . . . . . . . . . . 420
Water Resource (Moonie) Plan 2003 . . . . . . . . . . . . . . . . . . . . . . 420
Water Resource (Moreton) Plan 2007 . . . . . . . . . . . . . . . . . . . . . 420
Water Resource (Pioneer Valley) Plan 2002 . . . . . . . . . . . . . . . . 421
Water Resource (Warrego, Paroo, Bulloo and Nebine) Plan 2003 421
Water Resource (Wet Tropics) Plan 2013 . . . . . . . . . . . . . . . . . . 421
Water Resource (Whitsunday) Plan 2010 . . . . . . . . . . . . . . . . . . 422
Schedule 3 Minor or consequential amendments of particular legislation
relating to mining safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 423
Coal Mining Safety and Health Regulation 2001 . . . . . . . . . . . . . 423
Petroleum and Gas (Production and Safety) Act 2004. . . . . . . . . 424
Page 26
2014
A Bill
for
An Act to amend the Water Act 2000, the Alcan Queensland Pty.
Limited Agreement Act 1965, the Coal Mining Safety and Health
Act 1999, the Coal Mining Safety and Health Regulation 2001,
the Commonwealth Aluminium Corporation Pty. Limited
Agreement Act 1957, the Mineral and Energy Resources
(Common Provisions) Act 2014, the Mineral Resources Act
1989, the Mineral Resources Regulation 2013, the Mining and
Quarrying Safety and Health Act 1999, the Petroleum and Gas
(Production and Safety) Act 2004, the River Improvement Trust
Act 1940 and the Vegetation Management Act 1999 for
particular purposes, to amend the statutory instruments
mentioned in part 10 for particular purposes, to make minor or
consequential amendments of the legislation mentioned in
schedule 1, and to make minor amendments of the Water
Resource Plans mentioned in schedule 2
Water Reform and Other Legislation Amendment Bill 2014
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 Reform and Other 4
Legislation Amendment Act 2014. 5
Clause 2 Commencement 6
The provisions of this Act commence on a day to be fixed by 7
proclamation. 8
Part 2 Amendment of Alcan 9
Queensland Pty. Limited 10
Agreement Act 1965 11
Clause 3 Act amended 12
This part amends the Alcan Queensland Pty. Limited 13
Agreement Act 1965. 14
Clause 4 Insertion of new s 4D 15
After section 4C-- 16
insert-- 17
Page 28
Water Reform and Other Legislation Amendment Bill 2014
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 5]
4D Authorisation of variation by further 1
agreement 2
The agreement may be varied by further agreement 3
corresponding to the proposed further agreement set 4
out in schedule 4. 5
Clause 5 Insertion of new sch 4 6
After schedule 3-- 7
insert-- 8
Schedule 4 Proposed further 9
agreement 10
section 4D 11
THIS AGREEMENT is made this ____ day of __________, 20__ 12
BETWEEN STATE OF QUEENSLAND 13
AND ALCAN SOUTH PACIFIC PTY LTD (FORMERLY ALCAN 14
QUEENSLAND PTY. LIMITED), ACN 009 726 078, 123 Albert Street, 15
Brisbane in the State of Queensland (the Company) 16
BACKGROUND: 17
1. Under section 2 of the Alcan Queensland Pty. Limited Agreement 18
Act 1965 (the Act), the State and the Company entered into the 19
agreement set out in Schedule 1 of the Act (the Principal 20
Agreement). 21
2. The Principal Agreement may be varied by agreement between the 22
Minister and the Company if authorised under the Act. 23
3. The State and the Company wish to vary the Principal Agreement. 24
IT IS AGREED THAT-- 25
Page 29
Water Reform and Other Legislation Amendment Bill 2014
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 5]
4. The Principal Agreement is amended by deleting clause 29A and 1
replacing it with new clause 29A, which provides: 2
"29A. 3
(1) Subclause (2) prevails to the extent of any inconsistency with 4
subclauses 28(a) to (e), 28(g) and clause 29 of the Principal 5
Agreement. 6
(2) The Company's right to take or interfere with water, other 7
than artesian water or subartesian water connected to artesian 8
water, in the `Wenlock Basin' (as defined in the Water Act 9
2000) is subject to the following specified conditions: 10
(a) the right to take or interfere with water in the Wenlock 11
Basin is subject to an annual volumetric limit of 90,000 12
ML (subject to the sum of the annual volumetric limits 13
that may be taken under water licences held by the 14
Company and the holder of mining tenements for a 15
project for which the Commonwealth Aluminium 16
Corporation Pty. Limited Agreement Act 1957 was 17
enacted, not exceeding 90,000 ML in total); 18
(b) the location from which the water may be taken or at 19
which the water may be interfered with is from sources 20
within or in the vicinity of the bauxite field referred to in 21
clause 28(a); and 22
(c) the period over which the Company may take or 23
interfere with water continues for the term of this 24
Agreement, including any future extensions of term. 25
(3) To remove any doubt, it is declared that subclauses (1) and (2) 26
do not limit: 27
(a) the rights of the Company under subclauses 28(a) to (e), 28
28(g) and clause 29 of the Principal Agreement to take 29
or interfere with water outside the Wenlock Basin; or 30
(b) the Company's right to take or interfere with artesian 31
water or subartesian water connected to artesian water in 32
the Wenlock Basin." 33
Page 30
Water Reform and Other Legislation Amendment Bill 2014
Part 2 Amendment of Alcan Queensland Pty. Limited Agreement Act 1965
[s 5]
5. This Agreement comes into effect on and from the date notified by 1
the Minister (being the Minister for the State of Queensland 2
responsible for the administration of the Act) in the Government 3
Gazette or, if no date is specified, on the date of the gazettal. 4
IN WITNESS WHEREOF the Parties hereto have executed these 5
presents on the day and year aforesaid. 6
S I G N E D ON BEHALF OF THE STATE OF
QUEENSLAND BY THE HONOURABLE
,
MINISTER FOR
In the presence of
Executed in accordance with section 127
of the Corporations Act 2001 by
Alcan South Pacific Pty Ltd (ACN 009 726 078):
7
Director Signature Director/Secretary signature
8
Print Name Print Name
9
Page 31
Water Reform and Other Legislation Amendment Bill 2014
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 6]
Part 3 Amendment of Commonwealth 1
Aluminium Corporation Pty. 2
Limited Agreement Act 1957 3
Clause 6 Act amended 4
This part amends the Commonwealth Aluminium Corporation 5
Pty. Limited Agreement Act 1957. 6
Clause 7 Insertion of new s 4E 7
After section 4D-- 8
insert-- 9
4E Authorisation of variation by further 10
agreement 11
The agreement may be varied by further agreement 12
corresponding to the proposed further agreement set 13
out in schedule 5. 14
Clause 8 Insertion of new sch 5 15
After schedule 4-- 16
insert-- 17
Schedule 5 Proposed further 18
agreement 19
section 4E 20
THIS AGREEMENT is made the ____ day of __________, 20__ 21
BETWEEN STATE OF QUEENSLAND 22
AND RTA WEIPA PTY LTD, ACN 137 266 285, 123 Albert Street, 23
Brisbane in the State of Queensland (RTA Weipa) AND RIO TINTO 24
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Water Reform and Other Legislation Amendment Bill 2014
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 8]
ALUMINIUM LIMITED (FORMERLY COMMONWEALTH 1
ALUMINIUM CORPORATION PTY LIMITED and COMALCO 2
ALUMINIUM LIMITED), ACN 009 679 127, 123 Albert Street, 3
Brisbane in the State of Queensland (RTAL) 4
BACKGROUND: 5
1. Under section 2 of the Commonwealth Aluminium Corporation Pty. 6
Limited Agreement Act 1957 (the Act), the State and RTAL entered 7
into an agreement on 16 December 1957, which has been amended 8
from time to time (the Principal Agreement). 9
2. The State, RTA Weipa and RTAL have agreed to amend the 10
Principal Agreement in accordance with the Act to vary the 11
authorisation for RTA Weipa and RTAL to take or interfere with 12
water in the Wenlock Basin other than artesian water or subartesian 13
water connected to artesian water. 14
IT IS AGREED THAT-- 15
3. The Principal Agreement is amended by deleting clause 32A and 16
replacing it with new clause 32A, which provides: 17
"32A. 18
(1) Subclause (2) prevails to the extent of any inconsistency with 19
subclauses 31(a) to (e), 31 (g) and clause 32 of the Principal 20
Agreement. 21
(2) RTA Weipa's and RTAL's right to take or interfere with water, 22
other than artesian water or subartesian water connected to 23
artesian water, in the `Wenlock Basin' (as defined in the Water 24
Act 2000) is subject to the following specified conditions: 25
(a) the right to take or interfere with water in the Wenlock 26
Basin is subject to an annual volumetric limit of 90,000 27
ML (subject to the sum of the annual volumetric limit 28
that may be taken under water licences held by RTA 29
Weipa and RTAL and the holder of mining tenements 30
for a project for which the Alcan Queensland Pty. 31
Limited Agreement Act 1965 was enacted, not exceeding 32
90,000 ML in total); 33
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Water Reform and Other Legislation Amendment Bill 2014
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 8]
(b) the location from which the water may be taken or at 1
which the water may be interfered with is from sources 2
within or in the vicinity of the western bauxite field 3
referred to in clause 31(a); and 4
(c) the period over which RTA Weipa and RTAL may take 5
or interfere with water continues for the term of this 6
Agreement, including any future extensions of term. 7
(3) To remove any doubt, it is declared that subclauses (1) and (2) 8
do not limit: 9
(a) the rights of RTA Weipa and RTAL under subclauses 10
31(a) to (e), 31(g) and clause 32 of the Principal 11
Agreement to take or interfere with water outside the 12
Wenlock Basin; or 13
(b) RTA Weipa's and RTAL's right to take or interfere with 14
artesian water or subartesian water connected to artesian 15
water in the Wenlock Basin." 16
4. This Agreement comes into effect on and from the date notified by 17
the Minister (being the Minister for the State of Queensland 18
responsible for the administration of the Act) in the Government 19
Gazette or, if no date is specified, on the date of the gazettal. 20
IN WITNESS WHEREOF the parties hereto have executed this 21
Agreement as at the day and year first written above. 22
S I G N E D ON BEHALF OF THE STATE OF QUEENSLAND BY 23
THE HONOURABLE 24
,
MINISTER FOR
Page 34
Water Reform and Other Legislation Amendment Bill 2014
Part 3 Amendment of Commonwealth Aluminium Corporation Pty. Limited Agreement Act
1957
[s 8]
In the presence of
Executed in accordance with section 127
of the Corporations Act 2001 by
RTA Weipa Pty Ltd (ACN 137 266 285):
1
Witness Signature Signature
2
Print Name
3
Executed in accordance with section 127
of the Corporations Act 2001 by
Rio Tinto Aluminium Limited (ACN
009 679 127):
4
Director Signature Director/Secretary signature
5
Print Name Print Name
END OF FURTHER AGREEMENT 6
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 9]
Part 4 Amendment of Mineral 1
Resources Act 1989 2
Clause 9 Act amended 3
This part amends the Mineral Resources Act 1989. 4
Clause 10 Amendment of s 235 (General entitlements of holder of 5
mining lease) 6
Section 235(3)-- 7
omit. 8
Clause 11 Insertion of new ch 12A 9
After chapter 12-- 10
insert-- 11
Chapter 12AProvisions about 12
water for mineral 13
development 14
licences and mining 15
leases 16
Part 1 Water rights for mineral 17
development licences 18
and mining leases 19
334ZP Entitlement to use underground water 20
(1) The holder of a mineral development licence or 21
mining lease may take or interfere with 22
underground water in the area of the licence or 23
lease if the taking or interference happens during 24
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
the course of, or results from, the carrying out of 1
an authorised activity for the licence or lease. 2
Examples-- 3
1 mine dewatering of underground water to the extent 4
necessary to achieve safe operating conditions in the 5
mine 6
2 taking underground water as a result of evaporation 7
from an open mine pit 8
(2) The rights of the holder of the mineral 9
development licence or mining lease under 10
subsection (1)-- 11
(a) are the holder's underground water rights 12
for the licence or lease; and 13
(b) are subject to the holder complying with the 14
holder's underground water obligations. 15
(3) Underground water taken or interfered with 16
under subsection (1) is associated water. 17
(4) The holder of the mineral development licence or 18
mining lease may use associated water for any 19
purpose and within or outside the area of the 20
licence or lease. 21
(5) The holder of the mineral development licence or 22
mining lease must, in accordance with any 23
requirements prescribed by regulation-- 24
(a) measure the volume of associated water 25
taken by the holder or, if the taking is the 26
result of evaporation, estimate the volume of 27
water taken; and 28
(b) report the volume or estimated volume of 29
associated water taken by the holder to the 30
chief executive. 31
Maximum penalty--500 penalty units. 32
(6) The holder of the mineral development licence or 33
mining lease must advise the chief executive of 34
the department in which chapter 3 of the Water 35
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Part 4 Amendment of Mineral Resources Act 1989
[s 11]
Act is administered of the exercise of the holder's 1
underground water rights immediately after the 2
holder starts exercising the rights. 3
Maximum penalty--500 penalty units. 4
(7) However, if the mineral development licence or 5
mining lease is in force at the commencement of 6
this section, the holder of the licence or lease 7
does not commit an offence against subsection 8
(6) if the holder notifies the chief executive of the 9
exercise of the holder's underground water rights 10
within 3 months after the commencement. 11
(8) Subsection (9) applies if, after the 12
commencement of this section, the holder of a 13
mineral development licence or mining lease 14
exercises an entitlement under a water licence or 15
water permit under the Water Act to take or 16
interfere with water. 17
(9) To remove any doubt, it is declared that the 18
exercise of the entitlement by the holder of the 19
mineral development licence or mining lease 20
during the course of, or resulting from, the 21
carrying out of an authorised activity for the 22
licence or lease is also an exercise of the holder's 23
underground water rights under this section and 24
is subject to compliance with the holder's 25
underground water obligations. 26
334ZQ Water monitoring activities 27
(1) The holder of the mineral development licence or 28
mining lease may carry out any of the following 29
activities in the area of the licence or lease to 30
comply with its underground water obligations 31
for the licence or lease-- 32
(a) gathering information about, or undertaking 33
an assessment of, a water bore; 34
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
(b) monitoring effects of the exercise of the 1
holder's underground water rights for the 2
licence or lease; 3
(c) constructing or plugging and abandoning a 4
water monitoring bore; 5
(d) gathering information for preparing an 6
underground water impact report or final 7
report under the Water Act, chapter 3; 8
(e) carrying out any other activity necessary to 9
comply with the holder's underground water 10
obligations. 11
(2) If the holder of the mineral development licence 12
or mining lease is also the holder of an 13
exploration permit, the holder may carry out any 14
of the activities mentioned in subsection (1) in 15
the area of the exploration permit to comply with 16
its underground water obligations for the licence 17
or lease. 18
(3) The constructing or plugging and abandoning of 19
a water monitoring bore must be carried out by 20
an individual licensed under the Water Act, 21
chapter 8, part 2B to carry out the activity. 22
Maximum penalty--500 penalty units. 23
(4) An activity mentioned in subsection (1) is a 24
water monitoring activity. 25
334ZR Authorisation for Water Act 26
Taking, interfering with, or using underground water 27
under section 334ZP is authorised for the Water Act. 28
Note-- 29
See the Water Act, section 808. 30
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
334ZS Water Act not otherwise affected 1
(1) To remove any doubt, it is declared that a holder 2
of a mineral development licence or mining lease 3
can not take, interfere with, or use water unless 4
the taking, interference or use is authorised under 5
this part or the Water Act. 6
(2) In this section-- 7
water see the Water Act, schedule 4. 8
Note-- 9
See the Water Act, chapter 2, part 3 and section 808. 10
Part 2 Water monitoring 11
authorities 12
Division 1 Obtaining water 13
monitoring authority 14
334ZT Who may apply for water monitoring 15
authority 16
(1) The holder of a mineral development licence or 17
mining lease may apply for a water monitoring 18
authority for stated land outside the area of the 19
licence or lease to allow the holder to comply 20
with the holder's underground water obligations 21
for the licence or lease. 22
(2) Without limiting subsection (1), the application 23
may be made or granted-- 24
(a) over land in the area of another mining 25
tenement; and 26
(b) for 1 or more mineral development licences 27
or mining leases held by the same applicant. 28
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
334ZU Requirements for making application 1
The application must be-- 2
(a) in the approved form; and 3
(b) accompanied by the fee prescribed by 4
regulation. 5
334ZV Deciding application for water monitoring 6
authority 7
(1) The Minister may grant or refuse to grant the 8
water monitoring authority. 9
(2) However, the water monitoring authority must 10
not be granted unless an environmental authority 11
for the water monitoring authority has been 12
issued. 13
Note-- 14
If the application relates to acquired land, see also 15
section 10AAC. 16
(3) The Minister may, before deciding the 17
application, seek advice about the application 18
from the chief executive of the department in 19
which the Water Act is administered. 20
(4) A water monitoring authority must state its area 21
and each mineral development licence or mining 22
lease to which it relates. 23
(5) A water monitoring authority may also state-- 24
(a) conditions or other provisions of the 25
authority, other than conditions or 26
provisions that are-- 27
(i) inconsistent with division 2 or section 28
334ZZF or 334ZZG or any other 29
mandatory condition for water 30
monitoring authorities; or 31
Page 41
Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
Note-- 1
The Mineral and Energy Resources (Common 2
Provisions) Act 2014, chapter 3 also imposes 3
mandatory conditions on water monitoring 4
authorities. 5
(ii) inconsistent with a condition of any 6
mineral development licence or mining 7
lease to which the authority relates; or 8
(iii) the same as, or substantially the same 9
as, or inconsistent with any relevant 10
environmental condition for a water 11
monitoring activity for the authority; 12
and 13
(b) the day it takes effect. 14
(6) However, the provisions of a water monitoring 15
authority may exclude or restrict the carrying out 16
of water monitoring activities, if the exclusion or 17
restriction does not prevent the holder of the 18
mineral development licence or mining lease to 19
which it relates from complying with the holder's 20
underground water obligations. 21
(7) The Minister may, as a condition of deciding to 22
grant the water monitoring authority, require the 23
applicant to do all or any of the following within 24
a stated reasonable period-- 25
(a) pay the annual rent for the first year of the 26
authority; 27
(b) give security for the authority. 28
(8) If the applicant does not comply with the 29
requirement, the application may be refused. 30
Page 42
Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
Division 2 Particular activities 1
authorised for water 2
monitoring authorities 3
334ZW Operation of div 2 4
(1) This division provides for particular activities 5
that are authorised for a water monitoring 6
authority. 7
Note-- 8
The carrying out of particular activities on particular land in 9
a water monitoring authority's area may not be authorised 10
following the taking of the land under a resumption law. 11
See section 10AAB. 12
(2) The activities may be carried out despite the 13
rights of an owner or occupier of land on which 14
they are exercised. 15
(3) However, the carrying out of the activities is 16
subject to-- 17
(a) sections 3A, 334ZZA and 334ZZB and the 18
Mineral and Energy Resources (Common 19
Provisions) Act 2014, chapter 3; and 20
(b) the mandatory and other conditions of the 21
water monitoring authority; and 22
(c) any exclusion or restriction provided for in 23
the water monitoring authority on the 24
carrying out of the activities. 25
334ZX Water monitoring activities 26
Subject to section 334ZV(6), the holder of the water 27
monitoring authority may carry out any water 28
monitoring activity in the area of the authority. 29
Page 43
Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
334ZY Limited right to take or interfere with 1
underground water 2
The holder of the water monitoring authority may take 3
or interfere with underground water only to the extent 4
that the taking or interference is the unavoidable result 5
of carrying out a water monitoring activity in the area 6
of the authority. 7
Example-- 8
taking or interfering with underground water during the 9
drilling or maintenance of a water monitoring bore in the area 10
334ZZ Authorisation for Water Act 11
For the Water Act, taking or interfering with 12
underground water under section 334ZY is taken to be 13
authorised. 14
Note-- 15
See the Water Act, section 808. 16
334ZZA Water Act not otherwise affected 17
To remove any doubt, it is declared that the holder of a 18
water monitoring authority can not take or interfere 19
with water as defined under the Water Act unless the 20
taking or interference is authorised under this division 21
or the Water Act. 22
Note-- 23
See the Water Act, chapter 2, part 3 and section 808. 24
334ZZB Restriction on carrying out authorised 25
activities 26
In carrying out an activity authorised for the water 27
monitoring authority under this division, the holder of 28
the authority must not interfere with the carrying out 29
of an authorised activity for a mining tenement or 30
petroleum authority, or for another water monitoring 31
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
authority, the area of which includes the area of the 1
authority. 2
Maximum penalty--1000 penalty units. 3
Note-- 4
If a corporation commits an offence against this provision, an 5
executive officer of the corporation may be taken, under section 6
412B, to have also committed the offence. 7
334ZZC No right to mineral discovered 8
To remove any doubt, it is declared that the discovery 9
of a mineral while carrying out an activity authorised 10
for the water monitoring authority under this division 11
does not, of itself, give the holder of the authority a 12
right to the mineral. 13
Division 3 Miscellaneous provisions 14
334ZZD Term of authority 15
(1) Subject to the prescribed provisions, a water 16
monitoring authority continues in force until 17
there is no longer any mineral development 18
licence or mining lease to which the authority 19
relates in force. 20
(2) In this section-- 21
prescribed provisions means-- 22
(a) for a mineral development licence--section 23
209; or 24
(b) for a mining lease--section 308. 25
334ZZE Provision for who is the holder of a water 26
monitoring authority 27
(1) If there is only 1 mineral development licence or 28
mining lease to which a water monitoring 29
Page 45
Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
authority relates, the holder of the authority is 1
taken to be the person who, from time to time, 2
holds the licence or lease to which the authority 3
relates. 4
(2) Subsections (3) and (4) apply if there is more 5
than 1 mineral development licence or mining 6
lease to which a water monitoring authority 7
relates. 8
(3) If, as a result of dealing with the mineral 9
development licences or mining leases, all of the 10
licences or leases are transferred to the same 11
person, the transferee is taken to be the holder of 12
the water monitoring authority. 13
(4) If, as a result of dealing with the mineral 14
development licences or mining leases, 1 or more 15
but not all of the licences or leases are transferred 16
to the same person, the person from whom the 17
licences or leases were transferred continues to 18
be the holder of the water monitoring authority. 19
(5) A water monitoring authority, or an interest in a 20
water monitoring authority, can not be transferred 21
except by operation of law under this section. 22
334ZZF Additional condition of relevant mineral 23
development licence or mining lease 24
If a condition is imposed on a water monitoring 25
authority (the authority condition), it is a condition of 26
each mineral development licence or mining lease to 27
which the authority relates that the holder of the 28
licence or lease must comply with the authority 29
condition. 30
334ZZG Annual rent 31
(1) A water monitoring authority holder must pay the 32
State the annual rent, as prescribed by regulation. 33
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
(2) The annual rent must be paid in the way, and on 1
or before the day, prescribed by regulation. 2
334ZZH Power to use security 3
(1) This section applies if the Minister is satisfied 4
that-- 5
(a) a condition of a water monitoring authority 6
or any provision of this Act relating to the 7
water monitoring authority has not been 8
complied with; or 9
(b) damage has been caused by the holder of a 10
water monitoring authority or a person 11
acting under the authority of the holder. 12
(2) The Minister may require the holder to take all 13
action necessary to rectify the noncompliance or 14
damage. 15
(3) If the holder does not rectify the noncompliance 16
or damage, the Minister may use the security 17
deposited for the water monitoring authority to 18
rectify the noncompliance or damage. 19
(4) In this section-- 20
damage means actual damage caused to 21
pre-existing improvements on the area of the 22
water monitoring authority. 23
334ZZI Amending water monitoring authority by 24
application 25
(1) The holder of a water monitoring authority may 26
apply to the Minister to amend it-- 27
(a) to increase or decrease its area; or 28
(b) to add or remove, or to reflect an 29
amendment of, a mineral development 30
licence or mining lease that relates to the 31
authority. 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
(2) The holder of a water monitoring authority can 1
not apply to amend the authority in any other 2
way. 3
(3) The application must be-- 4
(a) in the approved form; and 5
(b) accompanied by the fee prescribed by 6
regulation. 7
(4) The Minister may grant or refuse to grant the 8
amendment. 9
(5) However, the Minister may, before deciding the 10
application, seek advice about the application 11
from the chief executive of the department in 12
which the Water Act is administered. 13
(6) The amendment may be granted (a conditional 14
grant) subject to the applicant's written 15
agreement to the Minister amending the water 16
monitoring authority in a stated way that the 17
Minister considers appropriate. 18
(7) On refusal of the amendment or the making of a 19
decision to make a conditional grant, the chief 20
executive must give the applicant an information 21
notice about the decision to refuse or to make the 22
conditional grant. 23
(8) In this section-- 24
information notice means a notice stating-- 25
(a) the reasons for the decision; and 26
(b) that the applicant may appeal against the 27
decision; and 28
(c) how to appeal. 29
Page 48
Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 11]
Part 3 Ownership of particular 1
works 2
334ZZJ Ownership of works constructed in 3
connection with water monitoring bore 4
(1) This section applies if the holder of a mineral 5
development licence or mining lease constructs a 6
water monitoring bore on land in the area of a 7
prescribed holding to comply with the holder's 8
underground water obligations for a mineral 9
development licence or mining lease. 10
(2) While the water monitoring bore remains on the 11
land and the mineral development licence or 12
mining lease remains in force, works constructed 13
in connection with the water monitoring bore 14
remain the property of the person who owned 15
them immediately before they were constructed 16
on the land. 17
(3) Subsection (2) applies despite-- 18
(a) the works having become part of the land; or 19
(b) the sale or other disposal of the land. 20
(4) The works can not be-- 21
(a) levied or seized in execution; or 22
(b) sold in exercise of a power of sale or 23
otherwise disposed of by a process under a 24
law of a State taken against the holder or the 25
owner of the land. 26
(5) This section applies despite-- 27
(a) an Act or law of the State; or 28
(b) a contract, covenant or claim of right under 29
a law of the State. 30
(6) In this section-- 31
Page 49
Water Reform and Other Legislation Amendment Bill 2014
Part 4 Amendment of Mineral Resources Act 1989
[s 12]
prescribed holding means a mineral development 1
licence, mining lease, exploration permit or water 2
monitoring authority. 3
334ZZK Interfering with water monitoring bore 4
(1) A person must not interfere with a water 5
monitoring bore unless the person is the owner of 6
the bore or the owner of the bore consents. 7
Maximum penalty--1000 penalty units. 8
(2) In this section-- 9
owner, of a water monitoring bore, means the 10
person who, under section 334ZZJ, owns the 11
works constructed in connection with the bore. 12
Clause 12 Amendment of sch 2 (Dictionary) 13
(1) Schedule 2, definition mining tenement-- 14
omit. 15
(2) Schedule 2-- 16
insert-- 17
mining tenement means a prospecting permit, 18
mining claim, exploration permit, mineral 19
development licence, mining lease or water 20
monitoring authority. 21
petroleum authority see the Petroleum and Gas 22
(Production and Safety) Act 2004, section 18(2). 23
underground water see the Water Act, schedule 24
4. 25
underground water obligations, of a holder of a 26
mineral development licence or mining lease, 27
means-- 28
(a) the holder's underground water obligations 29
under the Water Act, chapter 3; and 30
Page 50
Water Reform and Other Legislation Amendment Bill 2014
Part 5 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 13]
(b) any other obligation under the Water Act, 1
chapter 3 with which the holder is required 2
to comply, if failure to comply with the 3
obligation is an offence against that Act. 4
Examples of another obligation under the Water Act, 5
chapter 3 with which the holder may be required to 6
comply-- 7
· giving an underground water impact report under 8
section 370 of that Act 9
· preparing and complying with a baseline 10
assessment plan under sections 397 and 400 of that 11
Act 12
underground water rights, for a mineral 13
development licence or mining lease, see section 14
334ZP. 15
Water Act means the Water Act 2000. 16
water bore see the Water Act, schedule 4. 17
water monitoring activity see section 334ZQ(4). 18
water monitoring authority means a water 19
monitoring authority granted under section 20
334ZV. 21
water monitoring bore see the Water Act, section 22
362. 23
Part 5 Amendment of Petroleum and 24
Gas (Production and Safety) 25
Act 2004 26
Clause 13 Act amended 27
This part amends the Petroleum and Gas (Production and 28
Safety) Act 2004. 29
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Water Reform and Other Legislation Amendment Bill 2014
Part 5 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 14]
Clause 14 Amendment of s 185 (Underground water rights) 1
(1) Section 185, heading, after `rights'-- 2
insert-- 3
--general 4
(2) Section 185(1)-- 5
omit, insert-- 6
(1) The holder of a petroleum tenure may take or 7
interfere with underground water in the area of 8
the tenure if the taking or interference happens 9
during the course of, or results from, the carrying 10
out of another authorised activity for the tenure. 11
Examples-- 12
· underground water necessarily or unavoidably 13
taken during the drilling of a petroleum well or 14
water observation bore 15
· underground water necessarily or unavoidably 16
taken during testing for petroleum production or 17
petroleum production authorised under section 32 18
or 109 19
(3) Section 185(6) and (7)-- 20
omit. 21
(4) Section 185(8)-- 22
renumber as section 185(6). 23
Clause 15 Insertion of new s 186 24
After section 185-- 25
insert-- 26
186 Underground water rights--limited additional 27
rights 28
(1) This section applies to the holder of a petroleum 29
tenure until-- 30
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Water Reform and Other Legislation Amendment Bill 2014
Part 5 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 15]
(a) if the area of the tenure is in the area 1
declared by gazette notice under the Water 2
Act on 18 March 2011 to be a cumulative 3
management area and referred to as the 4
Surat Cumulative Management Area--the 5
day 5 years after the commencement of this 6
section; or 7
(b) if paragraph (a) does not apply--the day 2 8
years after the commencement of this 9
section; or 10
(c) a water licence or water permit is granted to 11
take or interfere with underground water 12
under the Water Act, section 1277. 13
(2) The holder of a petroleum tenure may take or 14
interfere with underground water in the area of 15
the tenure for use in the carrying out of another 16
authorised activity for the tenure. 17
Note-- 18
After the relevant period provided for under subsection 19
(1) ends, the holder must be authorised under the Water 20
Act to take or interfere with the water. 21
(3) The rights under subsection (2) are-- 22
(a) also underground water rights for the 23
petroleum tenure; and 24
(b) subject to the tenure holder complying with 25
the holder's underground water obligations. 26
(4) The holder must, in accordance with the 27
requirements prescribed by regulation, measure 28
and report the volume of water taken under 29
subsection (2) to the chief executive of the 30
department in which the Water Act, chapter 2 is 31
administered. 32
Maximum penalty--500 penalty units. 33
(5) In this section-- 34
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Water Reform and Other Legislation Amendment Bill 2014
Part 5 Amendment of Petroleum and Gas (Production and Safety) Act 2004
[s 16]
another authorised activity, for the petroleum 1
tenure, means an authorised activity for the 2
tenure under part 1, division 1 or part 2, division 3
1. 4
cumulative management area see the Water Act, 5
schedule 4. 6
Clause 16 Amendment of s 188 (Authorisation for Water Act) 7
Section 188, `water, under the underground water rights'-- 8
omit, insert-- 9
underground water, under the underground water 10
rights, 11
Clause 17 Amendment of s 189 (Water Act not otherwise affected) 12
(1) Section 189, `as defined under the Water Act'-- 13
omit. 14
(2) Section 189-- 15
insert-- 16
(2) In this section-- 17
water see the Water Act, schedule 4. 18
Clause 18 Amendment of sch 2 (Dictionary) 19
(1) Schedule 2, definitions underground water, water observation 20
bore and water supply bore-- 21
omit. 22
(2) Schedule 2-- 23
insert-- 24
underground water see the Water Act, schedule 25
4. 26
water observation bore-- 27
Page 54
Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 19]
1 A water observation bore is a bore to 1
monitor water levels and includes-- 2
(a) a petroleum well that, under chapter 2, 3
part 10, division 2, has been, or is taken 4
to have been, converted to a water 5
observation bore; and 6
(b) a water monitoring bore under the 7
Water Act. 8
2 A reference to a water observation bore 9
includes its casing, wellhead and any other 10
works constructed in connection with the 11
bore. 12
water supply bore-- 13
1 A water supply bore includes a petroleum 14
well that, under chapter 2, part 10, division 15
2, has been, or is taken to have been, 16
converted to a water supply bore. 17
2 A reference to a water supply bore includes 18
its casing, wellhead and any other works 19
constructed in connection with the bore. 20
Part 6 Amendment of River 21
Improvement Trust Act 1940 22
Clause 19 Act amended 23
This part amends the River Improvement Trust Act 1940. 24
Clause 20 Replacement of long title 25
Long title-- 26
omit, insert-- 27
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 21]
An Act to provide for the management of river 1
catchments, for their protection and improvement, 2
by suitably qualified and representative entities 3
Clause 21 Amendment of s 1 (Short title) 4
Section 1, from `1940,'-- 5
omit, insert-- 6
1940. 7
Clause 22 Insertion of new s 2A 8
Part 1-- 9
insert-- 10
2A Object 11
(1) The object of this Act is to provide for the 12
responsible management of river catchment areas 13
through-- 14
(a) planning for and implementing measures 15
that improve the protection, health and 16
resilience of rivers and their catchments; and 17
(b) repairing, and preventing damage to, rivers 18
and their catchments; and 19
(c) restoring natural resilience to flooding and 20
cyclones in rivers and their catchments; and 21
(d) protection of water security; and 22
(e) improving water quality and river system 23
function in rivers and their catchments. 24
(2) The object is to be achieved mainly by-- 25
(a) establishing river improvement areas; and 26
(b) establishing for the areas trusts that have the 27
powers and functions to achieve the matters 28
mentioned in subsection (1)(a) to (d). 29
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 23]
Clause 23 Replacement of pt 2 (Constitution of river improvement 1
areas and trusts) 2
Part 2-- 3
omit, insert-- 4
Part 2 Establishment of river 5
improvement areas and 6
trusts 7
3 River improvement areas 8
(1) A regulation may establish a river improvement 9
area, and may change or abolish the area. 10
(2) A river improvement area must be made up of-- 11
(a) all or part of a local government area; or 12
(b) all or part of each of 2 or more local 13
government areas. 14
(3) A local government, or 2 or more local 15
governments acting jointly, may apply to the 16
Minister for the establishment, change or 17
abolition of a river improvement area. 18
(4) The Minister must consider an application under 19
subsection (3) and make a recommendation on 20
the application to the Governor in Council. 21
(5) The Minister may recommend to the Governor in 22
Council the making of a regulation under 23
subsection (1) whether or not an application has 24
been made under subsection (3), and whether or 25
not the regulation recommended is consistent 26
with an application under subsection (3). 27
(6) A regulation establishing a river improvement 28
area must assign a name to the area. 29
(7) A regulation changing a river improvement area 30
may change the name of a river improvement 31
area. 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 24]
4 Trusts for river improvement areas 1
(1) A regulation establishing a river improvement 2
area must establish and name a trust for the area. 3
(2) A regulation changing a river improvement area 4
may change the trust for a river improvement 5
area, including by changing its name. 6
(3) A regulation abolishing a river improvement area 7
must abolish the trust for the area. 8
(4) The name of a trust as provided for in a 9
regulation establishing or changing the trust must 10
be a name the Minister is satisfied is suitable, 11
having regard to the intended scope of operations 12
of the trust and the persons who are appointed to 13
make up the trust. 14
(5) It is not necessary for the word `trust' to form 15
part of a trust's name. 16
(6) A regulation changing or abolishing a river 17
improvement area may provide for any matter 18
necessary or convenient to give effect to the 19
change or abolition. 20
(7) Without limiting subsection (6), the regulation 21
may transfer assets and liabilities of a trust to 22
another trust. 23
Clause 24 Amendment of s 5 (Membership of trust) 24
(1) Section 5(1)-- 25
omit, insert-- 26
(1) A trust may be established as a trust made up 27
of-- 28
(a) 2 councillors of each constituent local 29
government for the trust's river 30
improvement area, appointed by the local 31
government; and 32
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Part 6 Amendment of River Improvement Trust Act 1940
[s 24]
(b) up to 3 persons, as stated in the regulation 1
establishing the trust, appointed by the 2
Minister. 3
(1A) Alternatively, a trust may be established as a trust 4
made up of the members, up to the number as 5
stated in the regulation establishing the trust, who 6
are appointed by the Governor in Council from 7
either or both of the following-- 8
(a) persons nominated by entities stated in the 9
regulation as being entities entitled to 10
nominate members for the trust; 11
(b) persons nominated by the Minister. 12
(1B) The regulation establishing a trust as a trust under 13
subsection (1A)-- 14
(a) may provide that the members of the trust 15
for the trust's river improvement area are to 16
be known as directors or another term stated 17
in the regulation; and 18
(b) is not required to provide-- 19
(i) for any entity mentioned in subsection 20
(1A)(a) to be a local government; or 21
(ii) for any person mentioned in subsection 22
(1A)(b) to be a councillor of a local 23
government. 24
(1C) The Minister can not appoint a councillor of a 25
constituent local government as a member under 26
subsection (1)(b). 27
(1D) It is not necessary for a person appointed under 28
subsection (1)(b) to be a resident of the local 29
government area of a constituent local 30
government for the trust. 31
(1E) It is not necessary for a person appointed under 32
subsection (1A) to be a councillor of, or a 33
resident of the local government area of, a 34
constituent local government for the trust. 35
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 25]
(2) Section 5-- 1
insert-- 2
(4A) Each person appointed by the Governor in 3
Council under subsection (1A) holds office for 4
the term, of no more than 4 years, decided by the 5
Governor in Council. 6
(3) Section 5(5), `(3) and (4)'-- 7
omit, insert-- 8
(3), (4) and (4A) 9
Clause 25 Amendment of s 5A (Appointment of members to 10
vacancies) 11
Section 5A-- 12
insert-- 13
(5A) If the office of a member of a trust appointed 14
under section 5(1A) becomes vacant, the 15
Governor in Council may appoint a person to the 16
vacant office. 17
(5B) If the member was nominated by an entity 18
mentioned in section 5(1A)(a), the Minister must 19
have regard to the views of the entity in 20
recommending the appointment to the Governor 21
in Council. 22
Clause 26 Amendment of s 5F (Chairperson) 23
Section 5F-- 24
insert-- 25
(4) The Governor in Council appoints the 26
chairperson of the trust for a river improvement 27
area as mentioned in section 5(1A). 28
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 27]
Clause 27 Amendment of s 5I (Casual vacancy) 1
Section 5I(1)-- 2
insert-- 3
(e) for a member appointed by the Governor in 4
Council--the Governor in Council removes 5
the member from office. 6
Clause 28 Amendment of s 5K (Removal from office as member) 7
(1) Section 5K(1), `local government or the Minister'-- 8
omit, insert-- 9
local government, the Minister or the Governor in 10
Council 11
(2) Section 5K(1) and (2), `local government or Minister'-- 12
omit, insert-- 13
local government, Minister or Governor in Council 14
(3) Section 5K-- 15
insert-- 16
(3) The Minister may remove a person from office as 17
a member of a trust if-- 18
(a) the person was appointed by the Minister 19
under section 5(1)(b); and 20
(b) the Minister believes on reasonable grounds 21
that the person is not acting in the best 22
interests of the trust. 23
(4) The Governor in Council may remove a person 24
from office as a member of a trust if-- 25
(a) the person was appointed by the Governor in 26
Council under section 5(1A)(b); and 27
(b) the Minister, in recommending the person's 28
removal to the Governor in Council, 29
believes on reasonable grounds that the 30
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Part 6 Amendment of River Improvement Trust Act 1940
[s 29]
person is not acting in the best interests of 1
the trust. 2
Clause 29 Amendment of s 5L (Removal from office as chairperson 3
or deputy chairperson) 4
(1) Section 5L(1)(b)-- 5
omit, insert-- 6
(b) the Minister or Governor in Council, for 7
removing from office a person the Minister 8
or Governor in Council has appointed to the 9
office of chairperson or deputy chairperson 10
of a trust under section 5F(2), (3) or (4) or 11
5G(2). 12
(2) Section 5L(2), `The trust or Minister'-- 13
omit, insert-- 14
The trust, Minister or Governor in Council 15
Clause 30 Amendment of s 5M (Removal of all trust members) 16
(1) Section 5M(1), after `Minister'-- 17
insert-- 18
or Governor in Council 19
(2) Section 5M(1)(a), `a year'-- 20
omit, insert-- 21
in a financial year 22
(3) Section 5M(2)-- 23
omit, insert-- 24
(2) For applying subsection (1)-- 25
(a) the Minister may remove the members of a 26
trust even if any of them was appointed by a 27
local government; and 28
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Part 6 Amendment of River Improvement Trust Act 1940
[s 31]
(b) only the Governor in Council may remove 1
the members of a trust appointed by the 2
Governor in Council. 3
Clause 31 Amendment of s 5N (Times and places of meetings) 4
Section 5N(2), `a year'-- 5
omit, insert-- 6
in a financial year 7
Clause 32 Insertion of new s 5RA 8
Part 3, division 5-- 9
insert-- 10
5RA Trust committees 11
(1) A trust may establish committees to advise the 12
trust about matters identified by the trust. 13
(2) A committee may be made up of persons 14
appointed by the trust from-- 15
(a) members of the trust; and 16
(b) other persons considered by the trust to have 17
experience in or knowledge about matters to 18
be referred to the committee. 19
(3) The trust may pay a member of a committee, 20
other than a person who is also a member of the 21
trust, fees and allowances that are-- 22
(a) decided by the trust; and 23
(b) not more than the fees and allowances 24
payable to a member of the trust. 25
Clause 33 Amendment of s 6 (Secretary, officers, and employees) 26
(1) Section 6(1A), `any local government represented thereon'-- 27
omit, insert-- 28
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Part 6 Amendment of River Improvement Trust Act 1940
[s 34]
any relevant local government for the trust 1
(2) Section 6-- 2
insert-- 3
(5) In this section-- 4
relevant local government, for a trust, means a 5
local government that may appoint a member of 6
the trust or may nominate a person to be a 7
member of the trust. 8
Clause 34 Omission of s 6A (Maintenance of a superannuation 9
scheme) 10
Section 6A-- 11
omit. 12
Clause 35 Replacement of s 7 (Trusts are bodies corporate) 13
Section 7-- 14
omit, insert-- 15
Division 1 Status of trusts 16
7 Trusts are bodies corporate etc. 17
(1) A trust-- 18
(a) is a body corporate; and 19
(b) has a seal; and 20
(c) may sue and be sued in its corporate name. 21
(2) A trust has all the powers of an individual and 22
may, for example-- 23
(a) enter into contracts; and 24
(b) acquire, hold, deal with and dispose of 25
property. 26
(3) Subsection (2) does not limit a trust's powers 27
under this or another Act. 28
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Part 6 Amendment of River Improvement Trust Act 1940
[s 36]
(4) A trust does not represent the State. 1
Clause 36 Replacement of s 9 (Compulsory acquisition of land) 2
Section 9-- 3
omit, insert-- 4
Division 2 Powers for land and works 5
9 Compulsory acquisition of land 6
(1) A trust may take land within its river 7
improvement area for the purpose (the relevant 8
purpose) of doing anything it is permitted or 9
required to do under this Act, including 10
undertaking or maintaining works as mentioned 11
in section 10(1). 12
(2) Without limiting subsection (1)-- 13
(a) a trust is a constructing authority under the 14
Land Act 1994 (the Land Act) and the 15
Acquisition of Land Act 1967 (the ALA); 16
and 17
(b) the relevant purpose is taken to be a purpose 18
that, for the taking of land by a trust, is set 19
out in the ALA, schedule 1; and 20
(c) the taking of land must be carried out under 21
the Land Act or the ALA and not this Act. 22
Clause 37 Amendment of s 10 (Works which trust shall undertake or 23
maintain) 24
(1) Section 10, heading, `shall'-- 25
omit, insert-- 26
may 27
(2) Section 10(1) to (2A)-- 28
omit, insert-- 29
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 37]
(1) A trust-- 1
(a) may undertake or maintain any works for 2
the purpose of achieving the object of this 3
Act; and 4
(b) subject to paragraph (a), must undertake or 5
maintain any works the chief executive 6
directs the trust to undertake or maintain. 7
(2) Subsection (1) does not operate to exempt a trust 8
from complying with any law providing for how 9
the undertaking or maintenance must be 10
performed. 11
(2A) Also, for undertaking or maintaining works, 12
including for designing and for any subsequent 13
monitoring, a trust must obtain advice from 14
suitably qualified persons to ensure intended 15
outcomes for the works are achieved, including, 16
for example, the effective mitigation of loss or 17
damage intended to be achieved by the works. 18
(2B) A trust must, for each financial year, give the 19
chief executive a report about its undertaking and 20
maintenance of works in the financial year. 21
(3) Section 10(5), (5A) and (6)-- 22
omit, insert-- 23
(5) A trust may enter into an agreement (a trust 24
agreement) with any person having an interest in 25
land about any matter necessary to allow the trust 26
to effectively undertake or maintain works 27
directly or indirectly associated with the land. 28
(6) Subject to the trust agreement, the obligations 29
under the agreement on an owner of the land, or 30
on another person who holds a registered interest 31
in the land, attach to the land and bind the 32
successors in title of the owner or other person. 33
(6A) The trust may give the registrar of titles notice of 34
the trust agreement and the registrar must record 35
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 38]
the notice in a way that a search of the register 1
kept by the registrar under any Act relating to the 2
relevant land will show-- 3
(a) the existence of the agreement; and 4
(b) the terms of the agreement. 5
(6B) If the trust agreement is cancelled, as soon as 6
practicable after the cancellation-- 7
(a) the trust must give the registrar notice of the 8
cancellation; and 9
(b) the registrar must remove the particulars of 10
the agreement from the registrar's records. 11
(4) Section 10(7A) to (9)-- 12
omit, insert-- 13
(8) The power to enter land under subsection (7) 14
includes power, to the extent reasonably 15
necessary to achieve the purpose of entry-- 16
(a) to take on to the land any persons, vehicles, 17
materials and equipment; and 18
(b) to stay on the land. 19
Clause 38 Replacement of ss 11 and 11A 20
Sections 11 and 11A-- 21
omit, insert-- 22
Division 3 Improvement notices 23
11 Definitions 24
In this division-- 25
improvement notice see section 11A(1). 26
occupier, of land, means, if there is no person in 27
actual occupation of the land, a person, whether 28
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 38]
or not an owner of the land, who is entitled to 1
immediate possession of the land. 2
owner, of land, means-- 3
(a) for land held from the State for an estate less 4
than freehold--a person who holds the land 5
directly from the State; or 6
(b) otherwise--a person who is entitled to the 7
rents and profits of the land. 8
prohibit, a person from doing a relevant act, 9
includes control or regulate the person's doing of 10
the relevant act. 11
relevant act means an act causing or contributing 12
to, or likely to cause or contribute to, relevant 13
damage. 14
relevant damage means damage to the bank of a 15
river caused, or likely to be caused, by flood or 16
cyclone. 17
relevant land, for an improvement notice, means 18
any land the subject of a prohibition or 19
requirement provided for in the notice. 20
11A Improvement notice 21
(1) A trust may, by a notice (an improvement notice) 22
given to a person, do either or both of the 23
following-- 24
(a) prohibit the person from doing a relevant act 25
as stated in the notice; 26
(b) require the person to take action, as stated in 27
the notice, to remedy or prevent relevant 28
damage. 29
(2) An improvement notice must-- 30
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Part 6 Amendment of River Improvement Trust Act 1940
[s 38]
(a) state the time within which compliance with 1
any prohibition or requirement included in 2
the notice must be complied with; and 3
(b) state when the notice ceases to be in force; 4
and 5
(c) identify any relevant land for the notice. 6
(3) An improvement notice may be given to a person 7
only if it is reasonable in the circumstances to 8
give the person the notice. 9
(4) An improvement notice has effect within the 10
trust's river improvement area. 11
(5) If an improvement notice is given to a person in 12
the person's capacity as the occupier of relevant 13
land for the notice, the improvement notice 14
applies not only to the person to whom it is given 15
but also to each other person who is an occupier 16
of the relevant land from time to time while the 17
notice is in force as if it had also been given to 18
the other person. 19
(6) An improvement notice may include information 20
about action the trust may take for 21
noncompliance with the notice. 22
11B Recording of improvement notice 23
(1) A trust may ask the registrar of titles to record an 24
improvement notice for which there is relevant 25
land. 26
(2) The registrar must record the notice in a way that 27
a search of the register kept by the registrar under 28
any Act relating to relevant land for the notice 29
will show the existence of the notice. 30
(3) As soon as practicable after the improvement 31
notice ceases to be in force for any reason-- 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 38]
(a) the trust must advise the registrar that the 1
improvement notice has ceased to be in 2
force; and 3
(b) the registrar must remove the particulars of 4
the improvement notice from the registrar's 5
records. 6
11C Requirement to comply with improvement 7
notice 8
(1) A person to whom an improvement notice 9
applies must take all reasonable steps to comply 10
with the notice while the notice is in force unless 11
the person has a reasonable excuse. 12
Maximum penalty-- 13
(a) for a first offence--20 penalty units; or 14
(b) for a second or later offence--100 penalty 15
units. 16
(2) Without limiting subsection (1), for a person who 17
is the occupier of relevant land for the 18
improvement notice, it is a reasonable excuse that 19
the person was not aware, and could not 20
reasonably be expected to have become aware, of 21
the existence of the notice. 22
11D Compensation for crop damage 23
(1) This section applies if an occupier of relevant 24
land for an improvement notice-- 25
(a) takes action to comply with the notice; and 26
(b) in taking the action, can not reasonably 27
avoid causing damage to a cultivated crop 28
growing on the land. 29
(2) The trust must pay the occupier an amount of 30
compensation-- 31
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Part 6 Amendment of River Improvement Trust Act 1940
[s 38]
(a) agreed between the trust and the occupier; 1
or 2
(b) if there is no agreement--decided by the 3
Land Court as being fair compensation for 4
the damage. 5
11E Work by trust to ensure compliance with 6
improvement notice 7
(1) This section applies if a person to whom an 8
improvement notice applies does not fully 9
comply with the notice. 10
(2) The trust may, through its employees and agents, 11
and with any necessary equipment-- 12
(a) perform all works necessary to ensure that 13
the person's obligations under the notice are 14
complied with; and 15
(b) to the extent necessary under paragraph (a), 16
enter and stay on any land. 17
(3) All expenses reasonably incurred by the trust in 18
performing the works may be recovered by the 19
trust as a debt owing by the person to the trust. 20
(4) If the same improvement notice applies to 2 or 21
more persons, the persons are jointly and 22
severally liable to pay the debt owing. 23
11F Action for debt does not stop proceeding for 24
offence 25
(1) A person may be proceeded against for an 26
offence against section 11C(1) in relation to an 27
improvement notice even if the person is also 28
liable for a debt under section 11E(3) arising out 29
of a failure to comply with the same 30
improvement notice. 31
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 38]
(2) However, in a proceeding against a person for an 1
offence against section 11C(1), the court may, 2
instead of, or in addition to, imposing a penalty, 3
order that-- 4
(a) the person must pay an amount the court is 5
satisfied would otherwise be recoverable as 6
a debt under section 11E(3); and 7
(b) payment of the amount is in satisfaction of 8
the debt. 9
11G Injunction 10
(1) This section applies if a person to whom an 11
improvement notice applies (the relevant person) 12
has not complied with the notice. 13
(2) On application by the trust that gave the 14
improvement notice, the court may grant an 15
injunction, on terms the court considers 16
appropriate for achieving the purposes of the 17
notice-- 18
(a) to restrain the relevant person from 19
engaging in stated conduct; or 20
(b) to require the relevant person to do any 21
stated act or thing. 22
(3) If the court considers it desirable to do so, the 23
court may-- 24
(a) grant an interim injunction pending its 25
decision on an application under subsection 26
(2); or 27
(b) discharge or vary an injunction or interim 28
injunction granted under this section. 29
(4) In this section-- 30
court means the Supreme Court. 31
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 39]
Division 4 General 1
11H Other dealings in land are available to trust 2
(1) Nothing in this part is intended to stop a trust 3
from seeking to achieve the object of this Act in 4
relation to land through dealings relating to land, 5
including, for example, the registration of an 6
easement. 7
(2) For the purposes of allowing a public utility 8
easement under the Land Title Act 1994 or the 9
Land Act 1994 to be registered in favour of a 10
trust, a trust is taken to be a person authorised to 11
provide a public utility service, as mentioned 12
in-- 13
(a) the Land Title Act 1994, section 81A, 14
definition public utility provider, paragraph 15
(d); or 16
(b) the Land Act 1994, schedule 6, definition 17
public utility provider, paragraph (d). 18
Clause 39 Replacement of s 12 (Fund of the trust) 19
Section 12-- 20
omit, insert-- 21
12 Funds of the trusts 22
(1) A trust must establish the following funds at a 23
financial institution-- 24
(a) a general fund, to be called the [name of 25
trust] fund; 26
(b) a loan fund for each loan borrowed; 27
(c) a reserve fund comprising any reserve 28
accounts established under subsection (4). 29
(2) The general fund must be made up of all 30
revenues of the trust and must be applied to 31
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Part 6 Amendment of River Improvement Trust Act 1940
[s 40]
expenditure properly incurred by the trust, other 1
than expenditure for works for which the trust is 2
authorised to spend loan moneys. 3
(3) A loan fund must be made up of the amounts 4
received under a loan and must be applied to 5
expenditure for which the loan was obtained or as 6
otherwise authorised under this Act. 7
(4) A trust may establish reserve accounts for the 8
transfer from its general fund of amounts as 9
provided for under its annual budget. 10
(5) An amount held in a reserve account must be 11
used only for the purposes stated for that account. 12
Clause 40 Replacement of s 13 (Budget) 13
Section 13-- 14
omit, insert-- 15
13 Budget 16
(1) A trust must propose and adopt a budget for each 17
financial year. 18
(2) In proposing the budget the trust must estimate 19
for the financial year concerned-- 20
(a) the amount of revenue; and 21
(b) the expenditure from revenue, including, 22
specifically, expenditure for the undertaking 23
or maintenance of works; and 24
(c) the expenditure from loan funds for the 25
undertaking or maintenance of works; and 26
(d) the amount payable for interest on, or 27
redemption of, loans; and 28
(e) the amounts to be transferred from the 29
general fund to any reserve account 30
established under section 12(4). 31
(3) Also, in proposing the budget-- 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 40]
(a) all expenditure not approved by the 1
Treasurer to be met from loans must be 2
allocated to revenue; and 3
(b) the estimate of revenue must be sufficient in 4
amount to balance with the expenditure 5
allocated under paragraph (a). 6
(4) A trust must give a copy of its adopted annual 7
budget to the chief executive on or before the day 8
prescribed by regulation. 9
(5) A trust must follow its budget in its expenditure 10
from revenue and loan funds and, as far as 11
possible, balance the expenditure with the 12
budget. 13
13A Unanticipated expenditure 14
(1) A trust must, before making a payment from its 15
general fund or a loan fund in a financial year, 16
approve the payment by a resolution of the trust 17
if the payment-- 18
(a) was not provided for in its budget for the 19
financial year; or 20
(b) exceeds the amount stated for the payment 21
in the estimates for items of expenditure in 22
the budget for the financial year. 23
(2) Also, loan funds that are already allocated must 24
not be diverted for any expenditure not relating to 25
the allocation without the approval of the 26
Treasurer. 27
(3) Section 13(5) does not stop the trust from 28
expending revenue or loan funds on the 29
undertaking, maintenance or repair of any works 30
made necessary by a flood or cyclone. 31
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Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 41]
Clause 41 Amendment of s 14 (Liability of local government to 1
contribute to trust) 2
(1) Section 14(1B), from `shall be'-- 3
omit, insert-- 4
is the amount negotiated and agreed each financial 5
year by the trust and each of the local governments. 6
(2) Section 14(1C)-- 7
omit, insert-- 8
(1C) If there is a failure under subsection (1B), within 9
a time the Minister considers reasonable, to 10
negotiate and agree an amount to be contributed 11
by a local government, the amount the local 12
government must contribute is the amount 13
decided by the Minister. 14
(3) Section 14(2), `sealed with its seal and in the form hereunder 15
set out or to the like effect'-- 16
omit. 17
(4) Section 14(2), all words after `of the trust.'-- 18
omit. 19
(5) Section 14(3), `from its operating fund'-- 20
omit. 21
(6) Section 14(4), from `repay'-- 22
omit, insert-- 23
repay the precept paid by it. 24
(7) Section 14(5)-- 25
omit. 26
Clause 42 Omission of s 14A (Contribution by harbour board in aid 27
of works) 28
Section 14A-- 29
omit. 30
Page 76
Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 43]
Clause 43 Amendment of s 14B (Other contributions in aid of works) 1
(1) Section 14B(1), `(other than a port authority)'-- 2
omit. 3
(2) Section 14B(2) to (4)-- 4
omit, insert-- 5
(2) A trust may make with the owner or, where the 6
owner is not the occupier, with the owner and 7
occupier, of land within the trust's river 8
improvement area an arrangement under which 9
the owner or occupier undertakes to contribute to 10
the undertaking or maintenance of any works by 11
the trust which are or will be to the benefit of the 12
owner or occupier. 13
(3) A trust may do all things necessary or convenient 14
to be done in connection with, or incidental to, 15
the making of an arrangement under subsection 16
(1) or (2), including, for example-- 17
(a) entering into and complying with contracts, 18
agreements or arrangements the trust 19
considers to be necessary or desirable to 20
enable it to properly perform its functions 21
under this section; and 22
(b) obtaining, taking and holding securities for 23
the payment of any amount by any person 24
under this section, including interest charges 25
and expenses chargeable to the owner or 26
occupier. 27
(4) An arrangement made by a trust under subsection 28
(2) is binding on the trust and all other parties to 29
the agreement, their successors, executors, 30
administrators, and permitted assigns. 31
(5) Any amount payable to the trust under this 32
section and not paid is recoverable by the trust as 33
a debt. 34
Page 77
Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 44]
Clause 44 Omission of pt 7 (State powers to undertake or maintain 1
works) 2
Part 7-- 3
omit. 4
Clause 45 Omission of s 19A (Chief executive may conduct 5
research and experiments) 6
Section 19A-- 7
omit. 8
Clause 46 Replacement of s 20 (Offences) 9
Section 20-- 10
omit, insert-- 11
20 Proceedings for offences 12
(1) A proceeding for an offence against this Act must 13
be taken in a summary way under the Justices Act 14
1886 within the later of the following-- 15
(a) 6 months after the offence is committed; 16
(b) 4 months after the commission of the 17
offence comes to the complainant's 18
knowledge, but not later than 1 year after the 19
offence is committed. 20
(2) On convicting a person for an offence in relation 21
to damaging or destroying or attempting to 22
damage or destroy any works, a court may, 23
instead of or in addition to imposing a penalty, 24
order the person to pay to the trust responsible for 25
the works the whole of the expenses reasonably 26
incurred by the trust as a result of the commission 27
of the offence. 28
(3) A person can not be required under subsection 29
(2) to pay an amount as reimbursement for 30
Page 78
Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 47]
damage or destruction unless the damage or 1
destruction was caused by the person directly. 2
Clause 47 Omission of s 20A (Arrangements for auditing accounts 3
of superannuation schemes) 4
Section 20A-- 5
omit. 6
Clause 48 Amendment of s 21 (Delegations) 7
Section 21(2) and example-- 8
omit. 9
Clause 49 Amendment of s 22 (Regulation-making power) 10
(1) Section 22(2)(a), (c), (f), (i) and (j)-- 11
omit. 12
(2) Section 22(2)(e), (g), (h) and (k)-- 13
renumber as section 22(2)(a) to (d). 14
Clause 50 Omission of pt 9 (Transitional provisions) 15
Part 9-- 16
omit. 17
Clause 51 Amendment of sch 1 (Dictionary) 18
(1) Schedule 1, definitions trust and year-- 19
omit. 20
(2) Schedule 1-- 21
insert-- 22
catchment, of a river, includes any land draining 23
into the river. 24
Page 79
Water Reform and Other Legislation Amendment Bill 2014
Part 6 Amendment of River Improvement Trust Act 1940
[s 51]
criminal history, of a person, has the meaning 1
given by the Criminal Law (Rehabilitation of 2
Offenders) Act 1986, section 3, but does not 3
include convictions for which the rehabilitation 4
period has expired, and has not been revived, 5
under that Act. 6
improvement notice see section 11A(1). 7
occupier, of land, for part 5, division 3, see 8
section 11. 9
owner, of land, for part 5, division 3, see section 10
11. 11
prohibit, for part 5, division 3, see section 11. 12
registrar of titles means the registrar under the 13
Land Title Act 1994 or the chief executive under 14
the Land Act 1994. 15
relevant act, for part 5, division 3, see section 11. 16
relevant damage, for part 5, division 3, see 17
section 11. 18
relevant land, for part 5, division 3, see section 19
11. 20
Treasurer see the Financial Accountability Act 21
2009, schedule 3. 22
trust means a trust established under this Act. 23
(3) Schedule 1, definition works, paragraph (a), after `river 24
improvement area'-- 25
insert-- 26
, or land within the river's catchment area that may 27
have a direct impact on the river, 28
(4) Schedule 1, definition works, paragraph (e)-- 29
omit, insert-- 30
(e) preventing erosion of the bed or banks of a 31
river, or of adjoining or adjacent land or of 32
Page 80
Water Reform and Other Legislation Amendment Bill 2014
Part 7 Amendment of Vegetation Management Act 1999
[s 52]
land in the river's catchment, by water of or 1
from the river or its catchment; and 2
(5) Schedule 1, definition works, paragraph (h)-- 3
omit, insert-- 4
(h) activities directed at restoring a river's 5
natural function or improving water quality 6
in a river, if the activities are undertaken in 7
the bed or banks of the river or on adjoining, 8
adjacent or nearby land or on any land 9
within the river's catchment; and 10
(6) Schedule 1, definition works-- 11
insert-- 12
(k) the construction and maintenance of levees. 13
Part 7 Amendment of Vegetation 14
Management Act 1999 15
Clause 52 Act amended 16
This part amends the Vegetation Management Act 1999. 17
Clause 53 Replacement of s 20AB (What is the vegetation 18
management watercourse map) 19
Section 20AB-- 20
omit, insert-- 21
20AB What is the vegetation management 22
watercourse and drainage feature map 23
The vegetation management watercourse and 24
drainage feature map is the map certified by the 25
chief executive as the vegetation management 26
watercourse and drainage feature map showing 27
Page 81
Water Reform and Other Legislation Amendment Bill 2014
Part 7 Amendment of Vegetation Management Act 1999
[s 54]
particular watercourses and drainage features for 1
the State. 2
Note-- 3
The map consists of the following documents-- 4
· the document called `Vegetation management 5
watercourse and drainage feature map (1:25 000)' 6
· the document called `Vegetation management 7
watercourse and drainage feature map (1:100 000 8
and 1:250 000)'. 9
Clause 54 Amendment of s 20ANA (What is a category R area) 10
Section 20ANA, `regrowth watercourse area'-- 11
omit, insert-- 12
regrowth watercourse and drainage feature area 13
Clause 55 Insertion of new pt 6, div 11 14
After section 123-- 15
insert-- 16
Division 11 Transitional provision for 17
Water Reform And Other 18
Legislation Amendment 19
Act 2014 20
124 References to regrowth watercourse area and 21
vegetation management watercourse map 22
(1) A reference in an Act or document to the 23
regrowth watercourse area may, if the context 24
permits, be read as a reference to the regrowth 25
watercourse and drainage feature area. 26
(2) A reference in an Act or document to the 27
vegetation management watercourse map may, if 28
the context permits, be read as a reference to the 29
Page 82
Water Reform and Other Legislation Amendment Bill 2014
Part 7 Amendment of Vegetation Management Act 1999
[s 56]
vegetation management watercourse and 1
drainage feature map. 2
Clause 56 Amendment of sch (Dictionary) 3
(1) Schedule, definitions bed and banks, regrowth watercourse 4
area, vegetation management watercourse map and 5
watercourse-- 6
omit. 7
(2) Schedule-- 8
insert-- 9
downstream limit, of a watercourse, see the 10
Water Act 2000, schedule 4. 11
drainage feature see the Water Act 2000, 12
schedule 4. 13
regrowth watercourse and drainage feature 14
area means an area located within 50m of a 15
watercourse or drainage feature located in the 16
Burdekin, Mackay Whitsunday or Wet Tropics 17
catchments identified on the vegetation 18
management watercourse and drainage feature 19
map. 20
vegetation management watercourse and 21
drainage feature map see section 20AB. 22
watercourse has the meaning given by the Water 23
Act 2000, section 5, but a reference to a 24
watercourse in this Act includes a reference to 25
anywhere that is downstream of the downstream 26
limit of the watercourse. 27
Note for definition watercourse-- 28
For the purposes of this Act, the length of a watercourse is 29
not limited by any downstream limit applying to it under 30
the Water Act 2000. 31
(3) Schedule, definition vegetation management map, paragraph 32
(c)-- 33
Page 83
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 57]
omit, insert-- 1
(c) the vegetation management watercourse and 2
drainage feature map; or 3
Part 8 Amendment of Water Act 2000 4
Clause 57 Act amended 5
This part amends the Water Act 2000. 6
Clause 58 Replacement of long title 7
Long title-- 8
omit, insert-- 9
An Act to provide for the responsible and 10
productive management of water and the 11
management of impacts on underground water, 12
and for other purposes 13
Clause 59 Replacement of s 2 (Commencement) 14
Section 2-- 15
omit, insert-- 16
2 Purposes of Act and their achievement 17
(1) The main purposes of this Act are to provide a 18
framework for the following-- 19
(a) the responsible and productive management 20
of Queensland's water resources and quarry 21
material to optimise economic, social and 22
environmental outcomes; 23
(b) the sustainable and secure water supply and 24
demand management for the south-east 25
Page 84
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 59]
Queensland region and other designated 1
regions; 2
(c) the management of impacts on underground 3
water caused by the exercise of underground 4
water rights by the resource sector; 5
(d) the effective operation of water authorities. 6
(2) For subsection (1)(a), responsible and 7
productive management is management that-- 8
(a) incorporates consideration of long-term and 9
short-term economic, social and 10
environmental considerations; and 11
(b) allows for the allocation and use of water 12
resources and quarry material for the 13
economic, physical and social wellbeing of 14
the people of Queensland, within limits that 15
can be sustained indefinitely; and 16
(c) sustains the health of ecosystems, water 17
quality and water-dependent ecological 18
processes and biological diversity associated 19
with catchments, watercourses, lakes, 20
springs, aquifers and other natural systems; 21
and 22
(d) enables water resources and quarry material 23
to be obtained through fair, transparent and 24
orderly processes to support the economic 25
development of Queensland; and 26
(e) builds confidence regarding the availability, 27
security and value of water entitlements and 28
other authorisations for those investing in 29
developing the water resource; and 30
(f) promotes the efficient use of water 31
through-- 32
(i) the establishment and operation of 33
water markets; or 34
(ii) the initial allocation of water; or 35
Page 85
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 60]
(iii) the regulation of water use if there is a 1
risk of land or water degradation; and 2
(g) facilitates the community taking an active 3
part in planning for the management and 4
allocation of water; and 5
(h) recognises the interests of Aboriginal and 6
Torres Strait Islander peoples and their 7
connection with water resources. 8
(3) For subsection (2), the efficient use of water-- 9
(a) incorporates water demand management 10
and water conservation measures; or 11
(b) considers the volume and quality of water 12
required for particular circumstances, 13
including release into the environment. 14
Clause 60 Relocation and renumbering of s 3 (Definitions) 15
Section 3-- 16
relocate to chapter 1, part 2 and renumber as section 4. 17
Clause 61 Renumbering of s 4 (Act binds all persons) 18
Section 4-- 19
renumber as section 3. 20
Clause 62 Replacement of ch 1, pt 2, hdg (Watercourses) 21
Chapter 1, part 2, heading-- 22
omit, insert-- 23
Part 2 Interpretation 24
Clause 63 Amendment of s 5 (Meaning of watercourse) 25
(1) Section 5(4)(a)(ii) and (iii)-- 26
Page 86
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 64]
omit, insert-- 1
(ii) between the lateral limits of the 2
watercourse; and 3
(2) Section 5(5)-- 4
omit, insert-- 5
(5) In this section-- 6
adjoining includes being bounded by, being 7
adjacent to, or abutting. 8
lateral limits, of a watercourse, are the outer 9
bank on one side of the watercourse and the outer 10
bank on the other side of the watercourse. 11
Clause 64 Insertion of new s 5AA 12
After section 5-- 13
insert-- 14
5AA Watercourse etc. may be mapped 15
(1) The chief executive may prepare a map 16
(watercourse identification map) identifying any 17
of the following features-- 18
(a) a watercourse (other than its lateral limits); 19
(b) a designated watercourse (other than its 20
lateral limits); 21
(c) the downstream limit of a watercourse; 22
(d) a drainage feature; 23
(e) a lake; 24
(f) a spring. 25
(2) The watercourse identification map must be-- 26
(a) certified by the chief executive as the 27
watercourse identification map as in force 28
from a stated day; and 29
Page 87
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 64]
(b) published, in digital electronic form, on the 1
department's website. 2
(3) A feature identified on the watercourse 3
identification map as a watercourse is taken to be 4
a watercourse (to the extent of its lateral limits) 5
for this Act. 6
(4) A feature identified on the watercourse 7
identification map as a designated watercourse is 8
taken to be a designated watercourse (to the 9
extent of its lateral limits) for this Act. 10
(5) A position or feature identified on the 11
watercourse identification map as the 12
downstream limit of a watercourse is taken to be 13
the downstream limit of the watercourse for this 14
Act. 15
(6) A feature identified on the watercourse 16
identification map as a drainage feature is taken 17
to be a drainage feature for this Act. 18
(7) A feature identified on the watercourse 19
identification map as a lake is taken to be a lake 20
for this Act. 21
(8) A feature identified on the watercourse 22
identification map as a spring is taken to be a 23
spring for this Act. 24
(9) The chief executive must consult with the chief 25
executive of the department in which the Coastal 26
Protection and Management Act 1995 is 27
administered before identifying a feature on the 28
watercourse identification map as the 29
downstream limit of a watercourse. 30
(10) In this section-- 31
watercourse includes part of a watercourse. 32
Page 88
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 65]
Clause 65 Insertion of new s 6 1
Chapter 1, part 2-- 2
insert-- 3
6 Meaning of domestic purposes 4
(1) Domestic purposes, for taking water, means 5
taking water for the following-- 6
(a) household purposes; 7
(b) watering of animals kept as pets; 8
(c) watering a garden. 9
(2) For subsection (1)(c), the combined size of the 10
garden must not exceed an area of 0.5ha. 11
(3) However, if a water plan states either of the 12
following for this definition, it applies instead of 13
the matters mentioned in subsection (2)-- 14
(a) a size for the garden that is more than 0.5ha; 15
(b) a volume of water sufficient to water a 16
garden an area of 0.5ha or greater. 17
(4) In this section-- 18
garden includes a lawn. 19
Clause 66 Replacement of ch 2, hdg 20
Chapter 2, heading-- 21
omit, insert-- 22
Chapter 1A Water supply 23
emergencies and 24
restrictions 25
Clause 67 Amendment of particular provisions of ch 2 (Allocation 26
and sustainable management) 27
(1) Chapter 2, parts 1, 3 to 6, and 8 to 11-- 28
Page 89
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 67]
omit. 1
(2) Chapter 2, part 2, heading-- 2
omit. 3
(3) Chapter 2, part 2, divisions 1, 1A, 2, 3 and 4-- 4
omit. 5
(4) Chapter 2, part 2, division 2A, subdivision 6-- 6
omit, insert-- 7
Part 2 Obtaining information 8
25Y Obtaining information from a service provider 9
(1) The chief executive may give a service provider a 10
notice requiring information about 1 or more of 11
the following-- 12
(a) current and projected future water 13
consumption by the service provider's 14
customers or a class of the customers; 15
(b) water restrictions the service provider has 16
imposed or intends to impose; 17
(c) the events that would cause the service 18
provider to impose the restrictions, for 19
example, the available water supply falling 20
to a stated level; 21
(d) the actions the service provider intends to 22
take to ensure compliance with the 23
restrictions; 24
(e) the demand management program the 25
service provider proposes to implement; 26
(f) other measures the service provider 27
proposes to take, for example, constructing 28
new infrastructure or making changes to 29
existing infrastructure. 30
Page 90
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(2) The notice may be given at any time and must 1
state the reasonable time by which the 2
information must be given to the chief executive. 3
(3) The service provider must comply with the 4
notice, unless the service provider has a 5
reasonable excuse. 6
Maximum penalty--200 penalty units. 7
(4) It is a reasonable excuse for a service provider 8
who is an individual not to comply with the 9
notice if complying with the notice might tend to 10
incriminate the individual. 11
Clause 68 Insertion of new ch 2 12
After section 25ZE-- 13
insert-- 14
Chapter 2 Management and 15
allocation of water 16
Part 1 Water rights 17
Division 1 Ownership of water 18
26 Rights in all water vests in the State 19
All rights to the use, flow and control of all water in 20
Queensland are vested in the State. 21
Division 2 Allowing use of water 22
27 State may allow the use of water 23
(1) The State may allow the use of water by 24
authorising persons to take or interfere with 25
water. 26
Page 91
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(2) The State may authorise persons to take water-- 1
(a) through legislation and statutory 2
instruments; or 3
(b) through any of the following authorisations 4
issued under this Act-- 5
(i) water allocations; 6
(ii) water licences; 7
(iii) water permits; 8
(iv) seasonal water assignment notices; 9
(v) resource operations licences; 10
(vi) distribution operations licences; 11
(vii) operations licences. 12
(3) The State may authorise persons to interfere with 13
water-- 14
(a) through legislation and legislative 15
instruments; or 16
(b) through any of the following authorisations 17
issued under this Act-- 18
(i) water licences; 19
(ii) resource operations licences; 20
(iii) distribution operations licences. 21
Page 92
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
Division 3 Restricting use of water 1
Subdivision 1 Restrictions for 2
contamination and water 3
shortages 4
28 Limiting or prohibiting taking, or interfering 5
with, water during contamination or water 6
shortages 7
(1) Subsection (2) applies if the Minister is satisfied 8
urgent action should be taken because-- 9
(a) there is a shortage of water; or 10
(b) there is a thing in harmful quantities in 11
water. 12
(2) The Minister must publish a notice (the first 13
notice)-- 14
(a) limiting, for a particular purpose or 15
otherwise, either or both of the following-- 16
(i) the volume of water a person may take; 17
(ii) the rate at which, and the times when, a 18
person may take water; or 19
(b) limiting a person's entitlement to interfere 20
with water; or 21
(c) prohibiting taking or interfering with water. 22
(3) The limit or prohibition has effect despite any 23
authority a person has under another provision of 24
this Act. 25
(4) The notice remains in force-- 26
(a) for the period of not more than 1 year stated 27
in the notice; or 28
(b) until the Minister publishes another notice 29
withdrawing or replacing the first notice. 30
(5) The notice is subordinate legislation. 31
Page 93
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(6) A person must not take or interfere with water in 1
contravention of the notice. 2
Maximum penalty for subsection (6)--1665 3
penalty units. 4
Note-- 5
If a corporation commits an offence against this 6
provision, an executive officer of the corporation may be 7
taken, under section 828, to have also committed the 8
offence. 9
29 Limiting water taken under water licence, 10
water permit or water allocation 11
(1) If there is a shortage of water, the chief executive 12
may, by publishing a notice (the first notice) do 13
any of the following-- 14
(a) limit the water that may be taken under a 15
water entitlement, a water permit, a seasonal 16
water assignment notice or an operations 17
licence; 18
(b) limit or prohibit taking water for the 19
domestic purpose of watering a garden 20
under section 103(1); 21
(c) limit or prohibit taking water for stock 22
purposes generally; 23
(d) limit the water that may be taken by a 24
constructing authority or water service 25
provider under section 99(1). 26
(2) The notice may be for any 1 or more of the 27
following-- 28
(a) the times when water may be taken; 29
(b) the purpose for which water may be taken; 30
(c) the volume of water, measured or estimated 31
that may be taken, including for a stated 32
purpose. 33
Page 94
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(3) The notice remains in force for the period stated 1
in the notice or, if no period is stated, until the 2
chief executive publishes another notice 3
withdrawing the first notice. 4
(4) A person must not take water in contravention of 5
the notice. 6
Maximum penalty for subsection (4)--500 7
penalty units. 8
Subdivision 2 Moratorium notices 9
30 Moratorium notices 10
(1) The Minister may publish a notice under this 11
section, for a part of the State, (a moratorium 12
notice) if the Minister is satisfied action should 13
be taken in the part-- 14
(a) to protect existing water entitlements and 15
other authorities under this Act to take or 16
interfere with water; or 17
(b) to protect natural ecosystems. 18
(2) For part of the State to which the moratorium 19
notice applies, the notice may state the 20
following-- 21
(a) that an application for or about a water 22
entitlement will not be accepted; 23
(b) that the construction of works, or changing 24
existing works, for taking or interfering with 25
water, is limited in the way stated or is 26
prohibited. 27
(3) For subsection (2)(b), the notice may also state, 28
while the moratorium notice has effect-- 29
(a) new works must not be physically started; 30
and 31
Page 95
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(b) completed works in existence must not be 1
raised, enlarged, deepened or changed; and 2
(c) works that have been started-- 3
(i) may be completed only to the extent 4
stated in the notice; and 5
(ii) must be completed by the day stated in 6
the notice; and 7
(d) a person who is completing works that have 8
been started must give the chief executive 9
notice about the works by the day stated in 10
the notice; and 11
(e) construction of works must stop if notice 12
has not been given under paragraph (d). 13
(4) However, the moratorium notice may only apply 14
to an application or construction of works to the 15
extent the application or construction would have 16
1 or more of the following effects stated in the 17
notice-- 18
(a) increase the amount of water that may be 19
taken; 20
(b) change the location from which water may 21
be taken; 22
(c) increase the rate at which water may be 23
taken; 24
(d) change the flow conditions under which 25
water may be taken; 26
(e) increase or change the interference with the 27
water; 28
(f) change the purpose for which the water may 29
be taken or interfered with. 30
(5) Subsection (4) applies even if the application was 31
made before the moratorium notice was 32
published. 33
Page 96
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(6) A moratorium notice may state matters to which 1
the notice does not apply. 2
(7) For this section, works are not started unless-- 3
(a) construction of the works has physically 4
started or, if construction has not physically 5
started, a contract has been entered into to 6
start construction, and construction is 7
started, within 60 days after the day the 8
notice has effect; and 9
(b) an independently verifiable construction 10
program exists for progressive construction 11
towards completion of the works; and 12
(c) detailed design plans exist showing, among 13
other things, the extent of the works; and 14
(d) if a development permit is required for the 15
works or for other development associated 16
with the works--the permit has been given. 17
31 Effect of moratorium notice 18
(1) The moratorium notice has effect-- 19
(a) from the later of the following-- 20
(i) the day stated in the notice; 21
(ii) the day the notice is published; and 22
(b) until the Minister publishes a further notice 23
withdrawing or replacing the first notice. 24
(2) Subsection (3) applies if-- 25
(a) a moratorium notice applies to a part of the 26
State; and 27
(b) a water planning instrument also applies to 28
that part of the State. 29
(3) The moratorium prevails over the instrument to 30
extent of any inconsistency. 31
Page 97
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 68]
(4) A moratorium notice does not affect-- 1
(a) the issuing of water permits; 2
(b) taking water under sections 93 to 99 and 3
103; 4
(c) matters stated in the notice under section 5
30(6). 6
32 Offence to contravene moratorium notice 7
A person must not start the construction of works, or 8
continue to construct works, in contravention of a 9
moratorium notice. 10
Maximum penalty--1665 penalty units. 11
33 Application to vary effect of moratorium notice 12
(1) Subsection (2) applies to an owner of land if-- 13
(a) the owner is completing works that had been 14
started at the time a moratorium notice took 15
effect; and 16
(b) the works will not be completed by the day 17
stated in the notice (the completion day); 18
and 19
(c) the owner wishes to apply for an extension 20
of the completion day. 21
(2) The owner-- 22
(a) must stop construction of the works by the 23
completion day; and 24
(b) may apply to the Minister for an extension 25
of the completion day if-- 26
(i) the works are substantially completed; 27
or 28
(ii) the works will not be completed by the 29
completion day because of a change in 30
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Water Reform and Other Legislation Amendment Bill 2014
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circumstances beyond the applicant's 1
control including, for example, 2
construction difficulties, extreme bad 3
weather or the applicant's ill health. 4
(3) The application must-- 5
(a) be in the approved form; and 6
(b) be accompanied by the prescribed fee; and 7
(c) be made before the completion day; and 8
(d) include sufficient information to support the 9
application. 10
(4) The Minister may refer the application to a 11
referral panel established under section 242. 12
(5) The Minister must-- 13
(a) decide the application; and 14
(b) give the applicant notice of the decision. 15
(6) If the application has been referred to a referral 16
panel, the Minister must have regard to the 17
panel's recommendation before making a 18
decision. 19
(7) If the Minister grants the application, the 20
moratorium notice, for the applicant, is varied in 21
the following way-- 22
(a) the completion day, for the works, is the day 23
stated in the Minister's notice; 24
(b) the works may be completed to the extent 25
stated in the notice. 26
(8) For this section, works are not started unless-- 27
(a) construction of the works has physically 28
started or, if construction has not physically 29
started, a contract has been entered into to 30
start construction, and construction is 31
started, within 60 days after the day the 32
notice has effect; and 33
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(b) an independently verifiable construction 1
program exists for progressive construction 2
towards completion of the works; and 3
(c) detailed design plans exist showing, among 4
other things, the extent of the works; and 5
(d) if a development permit is required for the 6
works or for other development associated 7
with the works--the permit has been given. 8
34 Reviewing and replacing moratorium notices 9
(1) If the Minister is satisfied a moratorium notice 10
should have effect for more than 1 year, the 11
Minister must review the notice within 1 year 12
after the day the notice was published and during 13
each year the notice has effect. 14
(2) If, on the review, the Minister is satisfied the 15
notice should be amended, the Minister must 16
replace the notice with a new notice containing 17
the amended provisions. 18
(3) The replacement notice may provide for any 19
matter for which the original moratorium notice 20
could have made provision. 21
(4) On and after the day the notice is published the 22
replacement notice is taken to be the moratorium 23
notice. 24
(5) The replacement notice applies to an application 25
mentioned in section 30(2), even if the 26
application was made before the replacement 27
notice was published. 28
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Division 4 Collecting information 1
about water 2
35 Obtaining water information 3
(1) The chief executive may give a person who is 4
authorised, or has an entitlement, to take or 5
interfere with water under this Act a notice 6
requiring information-- 7
(a) the person is required to keep under a 8
condition of the person's authority or 9
entitlement; or 10
(b) about the person's water use; or 11
(c) about the water managed, taken or supplied 12
under the person's authority or entitlement; 13
or 14
(d) about the water that was managed, taken or 15
supplied through water infrastructure to 16
which a person's authority or entitlement 17
applies; or 18
(e) about the taking or supplying of water by 19
the person under the person's authority or 20
entitlement. 21
(2) The notice-- 22
(a) may be given at any time; and 23
(b) must state the reasonable time by which the 24
information must be given to the chief 25
executive. 26
(3) The person must comply with the notice, unless 27
the person has a reasonable excuse. 28
Maximum penalty--200 penalty units. 29
(4) However, this section does not require a person 30
who is an individual to give information if giving 31
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the information might tend to incriminate the 1
person. 2
36 Notice of works and water use 3
(1) This section applies to works for taking or 4
interfering with water if the taking or interfering 5
with the water is authorised other than under a 6
water entitlement. 7
(2) The chief executive may, by publishing a notice 8
(the chief executive's notice), require the owner 9
of land on which the works are, or are to be, 10
constructed to give the chief executive notice (the 11
owner's notice) of the works and the water use 12
or, for works to be constructed, proposed water 13
use, relating to the works, by the date stated in 14
the notice. 15
(3) The chief executive's notice-- 16
(a) may require the owner's notice to be in the 17
approved form; and 18
(b) must state the matters prescribed by 19
regulation, including the proposed 20
consultation arrangements for the notice. 21
(4) A person to whom the chief executive's notice 22
applies must comply with the notice. 23
Maximum penalty--20 penalty units. 24
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Part 2 Water planning 1
Division 1 Planning by the State 2
37 Planning for the management of water 3
The State plans for the responsible and productive 4
management of Queensland's water-- 5
(a) by preparing and implementing water plans; 6
and 7
(b) by preparing and implementing water use 8
plans. 9
38 Information for planning 10
The chief executive must provide information for 11
planning purposes by-- 12
(a) regularly measuring and keeping publicly 13
available records of the volume and quality 14
of water in Queensland; and 15
(b) collecting information on the water 16
requirements of, and impacts of water 17
management on, natural ecosystems, 18
including, for example, from the department 19
in which the Environmental Protection Act 20
1994 is administered; and 21
(c) collecting information about future water 22
requirements. 23
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Division 2 Matters for and related to 1
regulation 2
39 Matters for regulation 3
(1) For the purpose of planning for the responsible 4
and productive management, use and allocation 5
of water, a regulation may do the following-- 6
(a) reserve unallocated water for a part of the 7
State or for particular water to which no 8
water plan applies; 9
(b) prescribe the processes for releasing 10
unallocated water, including through the 11
grant or sale of a water entitlement; 12
(c) prescribe processes and criteria for 13
establishing the elements of proposed water 14
allocations; 15
(d) prescribe water allocation dealing rules 16
applying to whole of the State. 17
(e) prescribe the processes for granting a 18
seasonal water assignment for a water 19
allocation; 20
(f) prescribe the types of works that are to be 21
regulated as self-assessable development or 22
assessable development; 23
(g) prescribe the requirements for the holders of 24
resource operations licences and distribution 25
operations licences in collecting and 26
providing information to the chief executive. 27
(2) A regulation under subsection (1)(b) must state 28
that the release may only proceed if the chief 29
executive has first decided that is appropriate 30
having regard to any existing water development 31
options that relate to the unallocated water. 32
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40 Chief executive may release unallocated water 1
(1) The chief executive may release unallocated 2
water if a volume is stated in a water plan or 3
prescribed by regulation. 4
(2) The chief executive must release unallocated 5
water under the process prescribed by regulation. 6
(3) However, subsection (2) does not apply to the 7
extent the relevant water plan provides for an 8
alternative process for the release of the 9
unallocated water. 10
(4) The chief executive may set a price for the 11
unallocated water. 12
Division 3 Water plans 13
41 What is a water plan 14
A water plan is a plan that applies to a part of the State 15
and advances the responsible and productive 16
management of Queensland's water. 17
42 Minister may prepare a water plan 18
(1) The Minister may prepare a water plan for any 19
part of Queensland. 20
(2) Two plans may have effect for the same part of 21
Queensland at the same time if each relates to a 22
different type of water. 23
Example-- 24
There may be 2 plans applying to the same part of 25
Queensland where 1 relates to surface water and the 26
other to underground water. 27
43 Contents of a water plan 28
(1) A water plan must-- 29
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(a) state the water to which the plan applies; 1
and 2
(b) state the desired economic, social and 3
environmental outcomes of the management 4
and allocation of water to which the plan 5
applies (the water plan outcomes); and 6
(c) state the volume of unallocated water 7
reserved under the plan; and 8
(d) state arrangements for providing water for 9
the environment including the measures, 10
strategies or objectives for environmental 11
flows; and 12
(e) if the plan provides a framework for 13
managing water allocations-- 14
(i) state trading zones for the allocations; 15
and 16
(ii) state water allocation security 17
objectives. 18
(2) A water plan may-- 19
(a) state measures that contribute to achieving 20
the water plan outcomes; and 21
(b) state the strategies for achieving the water 22
plan outcomes; and 23
(c) state limitations on taking or interfering 24
with water in the plan area; and 25
(d) state the taking or interfering with water in 26
the plan area that does not require a water 27
entitlement; and 28
(e) state the purpose for, and the location of, 29
unallocated water reserves; and 30
(f) state a process for releasing unallocated 31
water; and 32
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(g) state the arrangements and process for 1
converting, adjusting or granting water 2
entitlements or other authorisations under a 3
water entitlement notice; and 4
(h) state criteria for deciding applications for 5
water licences; and 6
(i) state the types of applications for water 7
licences that must not be accepted under 8
section 107; and 9
(j) state the proposed holders of resource 10
operations licences and distribution 11
operations licences in the plan area; and 12
(k) state whether a water management protocol 13
is to be prepared for the plan area and the 14
matters the protocol must address; and 15
(l) state the types of amendments that may be 16
made to the plan without consultation; and 17
Note-- 18
For the power of to amend a water plan without 19
consultation see section 51(2)(a). 20
(m) state the categories of water licences in the 21
plan area that are to be cancelled or 22
repealed; and 23
(n) include anything else that the Minister 24
considers relevant to advance the matters 25
mentioned in section 41. 26
44 Preliminary public consultation 27
(1) If the Minister proposes to prepare a water plan, 28
the Minister may decide whether public 29
consultation on the proposal is required. 30
(2) If the Minister decides public consultation is 31
required, the Minister must publish a notice of 32
the proposal stating-- 33
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(a) the water to which the water plan will apply; 1
and 2
(b) the reason for preparing the plan; and 3
(c) proposed arrangements for consultation. 4
45 Making draft water plan 5
(1) Before finalising a water plan the Minister must 6
make a draft of the plan. 7
(2) The Minister must consider all of the following 8
in making a draft of a water plan-- 9
(a) regional plans made under the Sustainable 10
Planning Act 2009 that apply to the plan 11
area; 12
(b) environmental values established under the 13
Environmental Protection (Water) Policy 14
2009; 15
(c) if the draft water plan is within the 16
Queensland Murray-Darling Basin--the 17
Murray-Darling Basin Plan under the Water 18
Act 2007 (Cwlth); 19
(e) the public interest; 20
(f) the results of any public consultation under 21
section 44. 22
46 Publishing draft water plan 23
(1) After the Minister makes a draft of a water plan, 24
the Minister must publish the draft plan. 25
(2) As soon as practicable after publishing the draft 26
of a water plan, the Minister must publish a 27
notice stating-- 28
(a) the draft plan has been published; and 29
(b) how the draft plan may be inspected; and 30
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(c) that submissions about the draft plan may be 1
made by any entity; and 2
(d) the day by which, how and to whom, the 3
submissions must be made. 4
(3) The period for making submissions must not be 5
less than 30 business days after the notice is 6
published. 7
(4) To inform the public, the Minister must publish a 8
statement of intent for the draft water plan which 9
provides a summary of the-- 10
(a) intent of the draft plan; and 11
(b) effect of the draft plan. 12
47 Decision about finalising water plan 13
(1) Before deciding to finalise a water plan, the 14
Minister must consider all properly made 15
submissions about the draft of the plan under 16
section 46. 17
(2) If the Minister decides to finalise the plan, the 18
Minister must submit the plan for approval by the 19
Governor in Council. 20
(3) If the Minister decides not to finalise the plan, the 21
Minister must publish a notice advising of the 22
decision and the reasons for the decision. 23
48 Effect of a water plan 24
(1) A water plan does not have effect until it has been 25
approved by the Governor in Council, and from 26
the approval is-- 27
(a) the water plan for its plan area; and 28
(b) subordinate legislation. 29
(2) If a water plan is approved under subsection (1), 30
the Minister must publish a report stating the 31
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considerations made in finalising the plan 1
including-- 2
(a) the submissions received on the draft of the 3
plan; and 4
(b) whether or not issues raised in the 5
submissions were addressed and, if 6
addressed, how the issues were addressed. 7
49 Report on water plan 8
(1) Minister must prepare reports about each water 9
plan. 10
(2) The reports must-- 11
(a) be prepared at the times and state the 12
matters prescribed by regulation; and 13
(b) state the effectiveness of the plan and its 14
implementation in advancing the matters 15
mentioned in section 41. 16
50 Amending or replacing a water plan 17
(1) The Minister may-- 18
(a) amend a water plan; or 19
(b) prepare a new water plan to replace one or 20
more existing water plans. 21
(2) The Minister must amend a water plan, or 22
prepare a new water plan to replace the plan, if 23
the Minister is satisfied the plan is no longer 24
advancing the matters mentioned in section 41. 25
51 Preparing an amendment or replacement of 26
water plan 27
(1) To amend or replace a water plan, sections 44 to 28
48 apply to the proposed amending or 29
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replacement water plan (the amending or 1
replacement plan)-- 2
(a) as if a reference in the sections to a water 3
plan were a reference to the amended or 4
replaced plan; and 5
(b) with any other necessary changes. 6
(2) However, the consultation provisions do not 7
apply if the amendment to be made is-- 8
(a) of a type stated in the plan as not requiring 9
public consultation on a draft of the plan and 10
the Minister reasonably believes the 11
amendment will not adversely affect the 12
rights of the water entitlement holders or 13
natural ecosystems; or 14
(b) only to correct a minor error in the water 15
plan, or make another change that is not a 16
change of substance; or 17
(c) to implement a water development option 18
under section 52. 19
(3) The consultation provisions do not apply to the 20
Minister preparing and finalising a new water 21
plan that is to replace 2 or more existing water 22
plans if the new plan does not change the 23
substance of the plans being replaced. 24
(4) In this section-- 25
consultation provisions means sections 44 to 46. 26
52 Amending a water plan to implement a water 27
development option 28
(1) The Minister may amend a water plan so that it 29
is consistent with the commitment for a major 30
water infrastructure project under a water 31
development option. 32
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(2) In making a decision under subsection (1), the 1
Minister must consider the criteria mentioned in 2
section 91(5). 3
(3) The Minister may only act under subsection (1) 4
if-- 5
(a) the proposed amendment advances the 6
responsible and productive management of 7
water; and 8
(b) equivalent consultation to that required 9
under sections 44 to 46 has been undertaken. 10
53 Expiry of water plan 11
The Statutory Instruments Act 1992, part 7 does not 12
apply to a water plan and the plan expires on 1 13
September first occurring after the 10th anniversary of 14
the day it was approved by the Governor in Council 15
unless-- 16
(a) it is sooner repealed; or 17
(b) the expiry of the plan is postponed by the 18
Minister under section 54. 19
54 Postponement of expiry of water plan if water 20
plan is not being replaced 21
(1) The Minister may postpone the expiry of a water 22
plan if satisfied the plan is advancing the matters 23
mentioned in section 41 and water plan 24
outcomes. 25
(2) Before postponing the expiry of the expiring 26
plan, the Minister must publish a notice of the 27
intention to postpone the expiry-- 28
(a) stating that a report under section 49 has 29
been prepared and where it can be accessed; 30
and 31
(b) stating the proposed new expiry date; and 32
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(c) that submissions about the postponement 1
may be made by any entity; and 2
(d) the day by which, how and to whom the 3
submissions must be made. 4
(3) The period for making submissions must not be 5
less than 30 days after the notice is published. 6
(4) After considering any properly made 7
submissions, the Minister may decide whether or 8
not to postpone the expiry of the expiring plan. 9
(5) The Minister may postpone the expiry more than 10
once but any postponement can not have the 11
effect of continuing the plan in force for more 12
than 20 years. 13
55 Postponement of expiry of water plan while 14
water plan is being replaced 15
(1) This section applies if the Minister is preparing a 16
new water plan to replace one or more existing 17
water plans. 18
(2) The Minister may postpone the expiry of the 19
existing plan from time to time but can not 20
postpone the expiry for more than 3 years. 21
(3) Section 54(2) to (5) does not apply a 22
postponement under this section. 23
56 Publication of new expiry date for plan 24
(1) If the Minister decides to postpone the expiry of a 25
water plan under section 54 or 55, the Minister 26
must publish a notice in the gazette stating the 27
new expiry date for the plan. 28
(2) A notice under subsection (1) is subordinate 29
legislation. 30
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Division 4 Water use plans 1
57 Minister may prepare water use plan 2
The Minister may prepare a water use plan for any 3
part of Queensland. 4
58 What is a water use plan 5
A water use plan is a plan that applies to a part of the 6
State and advances the responsible and productive 7
management of Queensland's water by regulating 8
water use if there is a risk of land and water 9
degradation, including as a result of-- 10
(a) rising underground water levels; 11
(b) increasing salinisation; 12
(c) deteriorating water quality; 13
(d) waterlogging of soils; 14
(e) destabilisation of bed and banks of 15
watercourses; 16
(f) damage to riverine environment; 17
(g) increasing soil erosion. 18
59 Contents of water use plans 19
(1) The water use plan must-- 20
(a) state the purpose of the plan; and 21
(b) contain a map of the plan area; and 22
(c) state the types of water use that are subject 23
to the plan; and 24
(d) state standards for water use practices; and 25
(e) state objectives for water use efficiency, 26
water reuse and water quality; and 27
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(f) state the monitoring requirements and 1
responsibilities. 2
(2) The plan may include, but is not limited to, 3
schedules for the progressive implementation of 4
the plan's requirements. 5
60 Making draft water use plan 6
(1) Before finalising a water use plan the Minister 7
must make a draft of the plan. 8
(2) The Minister must consider the following in 9
making a draft of a water use plan-- 10
(a) changes to water use practices that will 11
reduce the risk to land and water resources 12
arising from the use of water on land; 13
(b) existing industry codes of practice for water 14
use. 15
61 Publishing draft water use plan 16
(1) After the Minister makes a draft of a water use 17
plan, the Minister must publish the draft plan. 18
(2) As soon as practicable after publishing the draft 19
of a water use plan, the Minister must publish a 20
notice stating-- 21
(a) the draft plan has been published; and 22
(b) how the draft plan may be inspected; and 23
(c) that submissions about the draft plan may be 24
made by any entity; 25
(d) the day by which, how and to whom, the 26
submissions must be made. 27
(3) The period for making submissions must not be 28
less than 30 business days after the notice is 29
published. 30
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62 Decision about finalising water use plan 1
(1) Before deciding to finalise a water use plan, the 2
Minister must consider all properly made 3
submissions about the draft of the plan under 4
section 61. 5
(2) If the Minister decides to finalise the plan, the 6
Minister must submit the plan for approval by the 7
Governor in Council. 8
(3) If the Minister decides not to finalise the plan, the 9
Minister must publish a notice advising of the 10
decision and the reasons for the decision. 11
63 Effect of water use plan 12
A water use plan does not have effect until it has been 13
approved by the Governor in Council, and from the 14
approval is-- 15
(a) the water use plan for its plan area; and 16
(b) subordinate legislation. 17
64 Public notice of content of water use plan 18
As soon as practicable after a water use plan is 19
approved, the chief executive must-- 20
(a) publicly notify the requirements of the plan 21
for water users; and 22
(b) conduct public meetings to explain the 23
requirements. 24
65 Amending or replacing a water use plan 25
(1) The Minister may-- 26
(a) amend a water use plan; or 27
(b) prepare a new water use plan to replace an 28
existing water use plan. 29
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(2) The Minister must amend a water use plan or 1
prepare a new water use plan to replace an 2
existing water use plan if the Minister is satisfied 3
the water use plan is not addressing the risk to 4
land and water arising from the use of water on 5
land in the plan area. 6
66 Preparing an amendment or replacement of a 7
water use plan 8
(1) To amend or replace a water use plan, section 61 9
applies to the proposed amending or replacement 10
water use plan (the amending or replacement 11
plan)-- 12
(a) as if a reference in the section to a water use 13
plan were a reference to the amended or 14
replaced plan; and 15
(b) with any other necessary changes. 16
(2) However, section 61 does not apply if the 17
amendment to be made is-- 18
(a) to correct a minor error in the water use 19
plan, or make another change that is not a 20
change of substance; or 21
(b) of a type stated in the plan as not requiring 22
public consultation. 23
Division 5 Water management 24
protocols 25
67 What is a water management protocol 26
A water management protocol is a document that, for 27
the purpose of implementing a water plan, may state 28
any of following for the plan area-- 29
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(a) if provided for in the water plan--the 1
volumes of unallocated water reserved for 2
stated purposes or stated locations, or a 3
process for releasing unallocated water; 4
(b) for water allocations managed under a 5
resource operations licence--the water 6
allocation dealing rules; 7
Note-- 8
See section 158 (Water allocation dealing rules). 9
(c) for water allocations not managed under a 10
resource operations licence-- 11
(i) the water allocation dealing rules; and 12
(ii) the water sharing rules; and 13
(iii) the seasonal water assignment rules; 14
(d) the criteria for deciding applications for 15
water licences; 16
(e) anything else the chief executive considers 17
necessary for implementing the water plan. 18
68 Making a water management protocol 19
(1) The chief executive may make 1 or more water 20
management protocols to implement a water 21
plan. 22
(2) A water management protocol must, for a water 23
plan-- 24
(a) be consistent with the water plan outcomes 25
and the measures that contribute to 26
achieving them; and 27
(b) achieve any objectives stated in the plan, 28
including the water allocation security 29
objective and the environmental flow 30
objectives; and 31
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(c) be developed with adequate consultation 1
with persons affected by the protocol as it 2
implements the plan. 3
69 Amending or replacing a water management 4
protocol 5
(1) The chief executive may amend or replace a 6
water management protocol at any time. 7
(2) The amendment or replacement must-- 8
(a) be consistent with the water plan outcomes 9
and the measures that contribute to 10
achieving them; and 11
(b) achieve any objectives stated in the plan, 12
including the water allocation security 13
objective and the environmental flow 14
objectives; and 15
(c) be developed with adequate consultation 16
with persons affected by the protocol as it 17
implements the plan. 18
(3) The chief executive must amend a water 19
management protocol-- 20
(a) if the water plan outcomes, measures or 21
objectives of the relevant water plan are 22
changed, to the extent necessary to be 23
consistent with the plan; or 24
(b) if necessary to implement a water 25
development option. 26
(4) If the chief executive amends or replaces a water 27
management protocol, the chief executive must 28
publish a statement of changes made to the 29
protocol. 30
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Division 6 Water entitlement notice 1
70 What is a water entitlement notice 2
(1) A water entitlement notice is a notice that, for 3
the purpose of implementing a water plan, 4
provides for any or all of the following in the plan 5
area-- 6
(a) the conversion to a water allocation of a 7
water licence, interim water allocation or 8
other authority to take water; 9
(b) the grant of a water allocation or water 10
licence-- 11
(i) as a result of an unallocated water 12
release; or 13
(ii) to implement a water development 14
option; 15
(c) the cancellation of a surrendered water 16
allocation; 17
(d) the granting of a water licence without the 18
need for an application to be made under 19
section 107; 20
Note-- 21
See section 116 (Granting a water licence under a 22
process in a plan or regulation). 23
(e) the amendment of a water licence to 24
implement the plan; 25
(f) the refusal of a particular application for a 26
water licence if necessary to implement the 27
plan; 28
(g) the repeal of a water licence if the licence is 29
no longer necessary to authorise a particular 30
take of, or interference with, water; 31
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(h) the replacement of a water licence with 1
another water licence necessary to authorise 2
a particular take of, or interference with, 3
water. 4
(2) If a water allocation or water licence is no longer 5
necessary to authorise a particular take of, or 6
interference with, water, the water entitlement 7
notice may state the authority under this Act that 8
authorises the take or interference. 9
71 Making a water entitlement notice 10
The chief executive may make a water entitlement 11
notice. 12
72 Draft water entitlement notice 13
(1) Before making a water entitlement notice, the 14
chief executive must publish a draft of the water 15
entitlement notice. 16
(2) As soon as practicable after publishing the draft 17
of a water entitlement notice, the chief executive 18
must publish a notice stating-- 19
(a) the draft has been published; and 20
(b) where copies of the draft may be inspected; 21
and 22
(c) that submissions about the draft may be 23
made by any affected person; and 24
(d) the day by which, how and to whom, the 25
submissions must be made; and 26
(e) that a notice under section 73 may be given 27
at any time before the water entitlement 28
notice has effect. 29
(3) A copy of the notice under subsection (2) must be 30
given to each affected person. 31
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(4) The period for making submissions must not be 1
less than 30 business days after the notice is 2
published. 3
73 Additional requirements for notices for draft 4
water entitlement notices that establish water 5
allocations 6
(1) If the draft water entitlement notice allows for 7
water allocations to be granted under section 8
70(1), the notice published under section 72(2) 9
must also state that-- 10
(a) any existing water entitlement holders may 11
give the chief executive a notice in the 12
approved form stating the holders wish to be 13
recorded on the water allocations register 14
other than as tenants in common in equal 15
shares; and 16
Note-- 17
See section 146(4) and (5). 18
(b) existing interest holders may give the chief 19
executive a notice in the approved form 20
stating the interest holder intends to take 21
action to have the holder's interest recorded 22
on the water allocations register; and 23
(c) if an interest holder who gives the chief 24
executive a notice under paragraph (b) has 25
the consent of the proposed water allocation 26
holder to the encumbering of the proposed 27
water allocation with the interest the interest 28
holder has in the existing water entitlement 29
or other authority to take water, the interest 30
holder may give the chief executive notice 31
of the consent in the approved form. 32
(2) It is declared that-- 33
(a) an existing mortgagee of land to which an 34
existing water entitlement or other authority 35
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to take water attaches is an existing interest 1
holder; and 2
(b) the existing mortgagee's interest under the 3
mortgage in the land is an existing interest 4
in the existing water entitlement or other 5
authority to take water. 6
(3) It is also declared that a person is not a proposed 7
water allocation holder under subsection (1)(c) 8
unless-- 9
(a) the person is the registered owner of all of 10
the land to which the existing water 11
entitlement or other authority to take water 12
relates; and 13
(b) the interest the interest holder has in the 14
existing water entitlement or other authority 15
to take water relates to all of the land. 16
74 Reviewing submissions about draft water 17
entitlement notice 18
(1) This section applies if there is a properly made 19
submission from an affected person about a draft 20
water entitlement notice. 21
(2) After the last day for the making of submissions 22
about the draft water entitlement notice, the chief 23
executive must-- 24
(a) collate information about all properly made 25
submissions made about the draft; and 26
(b) give the collated information to a referral 27
panel. 28
(3) The panel must review the draft water 29
entitlement notice and the submissions and make 30
recommendations to the chief executive within 31
40 business days after receiving the collated 32
information. 33
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(4) However, subsection (2) does not apply for a 1
submission if the chief executive is satisfied 2
that-- 3
(a) the submission requests a change to the draft 4
water entitlement notice that would be 5
inconsistent with the water plan that the 6
draft is to implement; or 7
(b) the draft should be amended in accordance 8
with the submission. 9
75 Finalising water entitlement notice 10
(1) In finalising the water entitlement notice, the 11
chief executive must consider-- 12
(a) all properly made submissions; and 13
(b) the referral panel's recommendations. 14
(2) The chief executive may make the water 15
entitlement notice, with or without amendment. 16
(3) After considering the matters mentioned in 17
subsection (1), the chief executive must submit 18
the water entitlement notice to the Governor in 19
Council for approval. 20
76 Effect of water entitlement notice 21
(1) A water entitlement notice does not have effect 22
until it is approved by the Governor in Council. 23
(2) A water entitlement notice may state the day or 24
days, occurring after its approval by the Governor 25
in Council, from which the different matters 26
implemented by the notice are to have effect. 27
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77 Publication of approved water entitlement 1
notice 2
As soon as practicable after a water entitlement notice 3
is approved by the Governor in Council, the chief 4
executive must-- 5
(a) publish the notice; and 6
(b) notify each affected person of the 7
publication of the notice within 30 business 8
days after the publication. 9
78 When water entitlement notice ceases to have 10
effect 11
A water entitlement notice ceases to have effect when 12
all matters to be implemented by the notice have taken 13
effect. 14
Division 7 Water development 15
options 16
Subdivision 1 Preliminary 17
79 Definition for div 7 18
In this division-- 19
major water infrastructure project means a 20
project declared to be a major water 21
infrastructure project under section 81. 22
80 What is a water development option 23
A water development option is a commitment by the 24
chief executive, to a person proposing a major water 25
infrastructure project, to reserve an amount of water 26
on the conditions decided by the chief executive. 27
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Subdivision 2 Granting water 1
development options 2
81 Declaration of major water infrastructure 3
project 4
(1) The chief executive may, by gazette notice, 5
declare a project to be a major water 6
infrastructure project. 7
(2) However, the chief executive may make a 8
declaration under subsection (1) only if 9
satisfied-- 10
(a) the project is-- 11
(i) a coordinated project; or 12
(ii) a project the chief executive considers 13
is likely to become a coordinated 14
project; and 15
(b) that appropriate environmental assessments 16
will be carried out in relation to the project. 17
(3) The chief executive may make a declaration-- 18
(a) after receiving an application for a water 19
development option under section 83; or 20
(b) without application before granting a water 21
development option under section 84. 22
82 Matters chief executive must have regard to 23
before making declaration 24
(1) In deciding whether to declare a project to be a 25
major water infrastructure project, the chief 26
executive must have regard to the following-- 27
(a) a pre-feasibility assessment of the project, 28
including how the project satisfies an 29
identified need or demand for the volume of 30
water being sought for the project; 31
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(b) relevant planning schemes or policy 1
frameworks of a local government or the 2
State; 3
(c) relevant water plans; 4
(d) State policies, government priorities and 5
regional plans made under the Sustainable 6
Planning Act 2009; 7
(e) any other matter the chief executive 8
considers relevant. 9
(2) However, the chief executive need not consider an 10
application under section 83 unless the chief 11
executive is satisfied that the project has at least 1 12
of the following-- 13
(a) complex approval requirements imposed by 14
a local government, the State or the 15
Commonwealth; 16
(b) strategic significance to a locality, region or 17
the State, including for the infrastructure, 18
economic and social benefits, capital 19
investment or employment opportunities it 20
may provide; 21
(c) the potential for significant impact on flows 22
that would affect the environment or 23
existing water authorisations because of 24
taking or interfering with water; 25
(d) a requirement for more water than would be 26
available through existing unallocated water 27
reserves for the relevant area. 28
(3) The chief executive is not bound to declare a 29
project to be a major water infrastructure project 30
merely because the project satisfies 1 or more of 31
the matters mentioned in subsection (2). 32
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83 Granting a water development option on 1
application 2
(1) The proponent of a proposed or gazetted major 3
water infrastructure project may apply to the 4
chief executive for a water development option 5
for the project. 6
(2) The application must-- 7
(a) be in an approved form; and 8
(b) contain a pre-feasibility assessment of the 9
project and sufficient information to enable 10
the chief executive to declare the project to 11
be major water infrastructure and decide the 12
application; and 13
(c) be accompanied by the fee prescribed by 14
regulation. 15
(3) The chief executive must decide whether or not 16
to grant the water development option. 17
(4) The chief executive must-- 18
(a) give the applicant notice of the decision, and 19
the reasons for the decision within 30 20
business days; and 21
(b) if the chief executive grants the water 22
development option-- 23
(i) give the applicant a copy of the option; 24
and 25
(ii) publish details of the grant of the 26
option on the department's website. 27
84 Granting a water development option without 28
application 29
(1) The chief executive may grant a water 30
development option without application under a 31
process prescribed by regulation. 32
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(2) However, the option may be granted only if the 1
option is consistent with the terms of an 2
agreement between the State and a proponent of a 3
major water infrastructure project. 4
85 Deciding to grant a water development option 5
In deciding whether to grant a water development 6
option the chief executive must consider the 7
following-- 8
(a) availability of alternative water supplies, 9
including through the market; 10
(b) the time frame for completion of the major 11
water infrastructure project; 12
(c) other commitments or future demands for 13
the water, including existing water 14
development options; 15
(d) whether an environmental assessment is 16
likely to demonstrate that any significant 17
impacts on flows that would affect the 18
environment or existing water authorisations 19
can be adequately mitigated; 20
(e) detailed information about the project given 21
by the proponent in an application under 22
section 83 or under a process mentioned in 23
section 84; 24
(f) any other matters the chief executive 25
considers relevant. 26
86 Content of a water development option 27
A water development option must state-- 28
(a) the name of the holder of the option; 29
(b) the water to which the option applies; 30
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(c) if the option is for taking water--the volume 1
of water that may be taken; 2
(d) if the option is for interfering with 3
water--the storage capacity and location of 4
proposed infrastructure that would interfere 5
with or store water for the project; 6
(e) the term of the option; 7
(f) milestones to be achieved by particular 8
dates, for example, the public notification of 9
an environmental impact statement; 10
(g) the conditions of the option, including, for 11
example, conditions requiring the mitigation 12
of impacts on the environment or existing 13
water authorisations; 14
(h) the price, or the process for establishing the 15
price, to be paid on the implementation of 16
the water development option; 17
(i) any other matters the chief executive 18
considers relevant. 19
87 Expiry of water development option 20
A water development option expires-- 21
(a) for a project that has not yet been declared a 22
coordinated project--if the holder of the 23
option has not applied for a coordinated 24
project declaration with 6 months of the 25
option being granted; or 26
(b) if the Coordinator-General-- 27
(i) refuses the application for a 28
coordinated project declaration; or 29
(ii) recommends that the coordinated 30
project should not proceed; or 31
(c) at the end of the term of the option; or 32
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(d) on the granting of water authorisations. 1
88 Extending term of water development option 2
The chief executive may extend the term of a water 3
development option, or the time for achieving a 4
milestone, if the holder of the option agrees to the 5
extension and-- 6
(a) demonstrates to the satisfaction of the chief 7
executive that they have a reasonable excuse 8
for requiring the extension; and 9
(b) submits a program outlining the revised 10
milestones that the holder must meet to 11
prevent the expiration of the option. 12
89 Transferring water development option 13
(1) This section applies to a water development 14
option if the existing holder of the option 15
proposes to transfer the option to another person. 16
(2) The holder may apply by notice to the chief 17
executive to record the transfer. 18
(3) The chief executive may record the transfer only 19
if the chief executive is satisfied the holder has 20
given the Co-ordinator General notice of the 21
change of the proponent for the major water 22
infrastructure project. 23
(4) A transfer has no effect unless recorded by the 24
chief executive. 25
90 Cancelling a water development option 26
(1) The chief executive may cancel a water 27
development option for a project if the chief 28
executive is satisfied-- 29
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(a) the holder of the option fails to meet the 1
milestones to be achieved by particular 2
dates; or 3
(b) the environmental assessment for the major 4
water infrastructure project does not-- 5
(i) demonstrate that there is sufficient 6
water available to support the project; 7
and 8
(ii) demonstrate that any significant 9
impacts on flows that would affect the 10
environment or existing water 11
authorisations can be adequately 12
mitigated. 13
(2) If the chief executive intends to cancel a water 14
development option, the chief executive must-- 15
(a) give the holder of the option notice of the 16
intention to cancel and the chief executive's 17
reasons for the proposed cancellation; and 18
(b) invite the holder to make a submission about 19
the cancellation by the date stated in the 20
notice. 21
(3) Before making a decision about the cancellation, 22
the chief executive must consider any submission 23
made by the holder of the option. 24
(4) If the chief executive decides to cancel the 25
option, the chief executive must give the holder 26
of the option notice of the decision, including the 27
reasons for the decision. 28
(5) The chief executive may revoke a declaration 29
made under section 81 after making a decision to 30
cancel a water development option. 31
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Subdivision 3 Implementing water 1
development options 2
91 Implementing a water development option 3
(1) The chief executive must give effect to a water 4
development option by granting authorisations 5
under section 92 if consistent with the water plan 6
and any moratorium notice relevant to the major 7
infrastructure project. 8
(2) Subsection (3) applies if implementing a water 9
development option would require an amendment 10
to a water plan, water management protocol or 11
moratorium. 12
(3) The chief executive must not act under 13
subsection (1) unless-- 14
(a) if the water management protocol requires 15
amendment--the chief executive has 16
amended the protocol; or 17
(b) if the water plan or moratorium notice 18
requires amendment--the Minister has 19
amended the plan or notice. 20
(4) The chief executive may only act under 21
subsection (1) if the chief executive is satisfied-- 22
(a) the Coordinator-General recommends that 23
the coordinated project should proceed; and 24
(b) the holder of the water development option 25
has met the conditions of the option, 26
including meeting the required milestones. 27
(5) The chief executive may amend a protocol under 28
subsection (3)(a) only if the chief executive is 29
satisfied-- 30
(a) that adequate consultation has been 31
undertaken by the holder of the water 32
development option; and 33
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(b) that the proposed arrangements following 1
implementation will mitigate any significant 2
impacts on flows that would affect the 3
environment or existing water 4
authorisations. 5
92 Granting water entitlements and other 6
authorisations for water development options 7
(1) The chief executive must grant either of the 8
following to implement the water development 9
option upon receipt of payment of the price stated 10
on the water development option or determined 11
through the process for establishing the price 12
stated on the option-- 13
(a) a water entitlement granted under section 14
116 or 147; 15
(b) a resource operations licence or distribution 16
operations licence granted under section 17
180. 18
(2) For subsection (1), the grant must be consistent 19
with-- 20
(a) the Coordinator-General's approval for the 21
coordinated project, including any approval 22
conditions; and 23
(b) the water planning instruments relevant to 24
the water development option. 25
(3) No legal right or interest in the water arises in the 26
holder of the water development option until a 27
grant is made under this section. 28
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Part 3 How State authorises 1
take or interference 2
with water 3
Division 1 Statutory authorisation to 4
take or interfere with water 5
Subdivision 1 Authorisations that may 6
not be limited by water 7
planning instrument or 8
regulation 9
93 General authorisations to take water 10
A person may do any of the following-- 11
(a) take water for a public purpose in an 12
emergency situation; 13
(b) take water for fighting a fire; 14
(c) take water for undertaking routine testing of 15
fire fighting equipment; 16
(d) take water from a watercourse, lake or 17
spring for camping purposes; 18
(e) take water from a watercourse, lake or 19
spring for watering travelling stock; 20
(f) take overland flow water that is 21
contaminated agricultural run-off; 22
(g) take water from a designated watercourse. 23
94 General authorisations to interfere with water 24
Any person may do any of the following-- 25
(a) interfere with overland flow water; 26
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(b) interfere with water from a watercourse, 1
lake or spring by impoundment for 2
structures used by the State or the 3
Commonwealth to collect monitoring data; 4
(c) interfere with water from a designated 5
watercourse. 6
95 Aboriginal and Torres Strait Islander parties 7
(1) An Aboriginal party or Torres Strait Islander 8
party may, in the area of the State for which the 9
person is an Aboriginal or Torres Strait Islander 10
party, take or interfere with water for traditional 11
activities or cultural purposes. 12
(2) In this section-- 13
Aboriginal party see the Aboriginal Cultural 14
Heritage Act 2003, section 35. 15
cultural purpose means an activity, other than a 16
commercial activity, that supports the 17
maintenance or protection of the following-- 18
(a) Aboriginal cultural heritage within the 19
meaning of the Aboriginal Cultural 20
Heritage Act 2003, section 8; 21
(b) Torres Strait Islander cultural heritage 22
within the meaning of the Torres Strait 23
Islander Cultural Heritage Act 2003, 24
section 8. 25
Torres Strait Islander party see the Torres Strait 26
Islander Cultural Heritage Act 2003, section 35. 27
traditional activities, for an Aboriginal party or 28
Torres Strait Islander party, means any of the 29
following activities the party carries out in 30
accordance with Aboriginal tradition or Island 31
custom-- 32
(a) hunting, fishing, gathering or camping; 33
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(b) performing rites or other ceremonies; 1
(c) visiting sites of significance. 2
96 Land owners may take water for stock 3
purposes 4
(1) An owner of land on which there is water 5
collected in a dam may take the water for stock 6
purposes. 7
(2) An owner of land adjoining a watercourse, lake 8
or spring may take water from the watercourse, 9
lake or spring for stock purposes. 10
(3) In this section-- 11
land includes any land contiguous with the land 12
adjoining the watercourse, lake or spring if all the 13
land is owned by the same owner. 14
97 Environmental authorities 15
(1) A person may take overland flow water that is not 16
more than the volume necessary to satisfy the 17
requirements of-- 18
(a) an environmental authority; or 19
(b) a development permit for carrying out an 20
environmentally relevant activity, other than 21
a mining or petroleum activity, under the 22
Environmental Protection Act 1994, 23
schedule 4. 24
(2) A person may interfere with the flow of water by 25
impoundment if the interference is not more than 26
is necessary to satisfy the requirements of an 27
environmental authority. 28
(3) However, subsections (1) and (2) apply only if-- 29
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(a) the impacts of the take or interference were 1
assessed as part of a grant of an 2
environmental authority; and 3
(b) the environmental authority was granted 4
with a condition about the take or 5
interference with water. 6
98 Resource activities 7
(1) A person may interfere with the flow of water by 8
diversion if-- 9
(a) the interference is a diversion of a 10
watercourse and is associated with a 11
resource activity; and 12
(b) the impacts of the interference were 13
assessed as part of a grant of an 14
environmental authority for the resource 15
activity; and 16
(c) the environmental authority was granted 17
with a condition about the diversion of the 18
watercourse. 19
(2) In this section-- 20
resource activity see the Environmental 21
Protection Act 1994, section 107. 22
99 Constructing authorities and water service 23
providers 24
(1) A constructing authority or water service 25
provider may take water to operate public 26
showers or toilets. 27
(2) A constructing authority may take water to 28
construct or maintain infrastructure if-- 29
(a) the construction or maintenance is lawful; 30
and 31
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(b) taking water for that purpose is prescribed 1
by regulation; and 2
(c) the constructing authority complies with the 3
following conditions-- 4
(i) those prescribed by regulation; 5
(ii) those fixed by the chief executive, by 6
notice given to the constructing 7
authority, about taking water. 8
(3) The conditions may do all or any of the 9
following-- 10
(a) limit the volume of water the constructing 11
authority may take in a year; 12
(b) limit the volume of water the constructing 13
authority may take from a particular source 14
at a particular location during a stated 15
period; 16
(c) require the constructing authority to give the 17
chief executive notice of the constructing 18
authority's intention to take water from a 19
particular source; 20
(d) require the constructing authority to take the 21
water only through a meter of a type 22
approved by the chief executive; 23
(e) require the constructing authority to give a 24
written report to the chief executive about 25
stated matters for the water taken; 26
Examples of matters about which a report may be 27
required-- 28
· the locations from which water was taken 29
· the source from which the water was taken 30
· the volume of water taken from a source 31
· the day on which the water was taken 32
(f) require the constructing authority to obtain 33
written approval from the operator of a 34
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water supply scheme before taking water 1
managed under an interim resource 2
operations licence, resource operations 3
licence or distribution operations licence. 4
Subdivision 2 Authorisations that may be 5
limited by water planning 6
instrument or regulation 7
100 How this subdivision applies 8
Nothing in this subdivision limits an authorisation 9
under subdivision 1. 10
101 Authorisation that may be limited by water 11
planning instrument 12
A person may, subject to any relevant alteration 13
or limitation prescribed under a moratorium 14
notice, water plan or a regulation under section 15
1046 do the following-- 16
(a) take water if doing so is necessary to carry 17
out an activity prescribed by regulation; 18
(b) take overland flow water for any purpose; 19
(c) take or interfere with underground water for 20
any purpose; 21
(d) take water that has been collected in a dam 22
for any purpose other than a dam across a 23
watercourse or lake. 24
102 Authorisations under water plans or regulation 25
(1) A person may, in a water plan area, subject to any 26
relevant alteration or limitation prescribed under 27
a moratorium notice, do the following-- 28
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(a) take water up to a volume stated in the water 1
plan for the area; 2
(b) take water if doing so is necessary to carry 3
out an activity stated in the water plan for 4
the area; 5
(c) interfere with water to the extent stated in 6
the water plan for the area. 7
(2) Subsection (3) applies if-- 8
(a) there is no water plan; or 9
(b) the water plan for a water plan area does not 10
provide for the taking or interfering with 11
water up to a volume stated in the plan. 12
(3) A person may, subject to any relevant alteration 13
or limitation prescribed under a moratorium 14
notice, do the following-- 15
(a) take water up to a volume prescribed by 16
regulation; 17
(b) interfere with water to the extent prescribed 18
by regulation. 19
103 Authorisation to take water for stock or 20
domestic purposes may be limited 21
(1) Either of the following may take water for 22
domestic purposes-- 23
(a) an owner of land on which there is water 24
collected in a dam across a watercourse or 25
lake, if the water is taken from the dam; 26
(b) an owner of land adjoining a watercourse, 27
lake or spring, if the water is taken from the 28
watercourse, lake or spring. 29
(2) However, the water can not be taken for domestic 30
purposes if the land is-- 31
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(a) declared under a regulation to have a limited 1
statutory authorisation under this section; 2
and 3
(b) subdivided after the regulation is made. 4
(3) For subsection (1), land includes any land 5
contiguous with the land adjoining the 6
watercourse, lake or spring if all the land is 7
owned by the same owner. 8
(4) An owner of land may take water from a 9
watercourse, lake or spring for stock or domestic 10
purposes if-- 11
(a) for a watercourse, lake or spring located in 12
the plan area for a water plan--the water is 13
taken from a location, and in the way, stated 14
in the plan; or 15
(b) otherwise--the water is taken from a 16
location, and in the way, prescribed by 17
regulation. 18
Division 2 Water licences 19
Subdivision 1 Preliminary 20
104 Definitions for div 2 21
In this division-- 22
owner, of land, means any of the following-- 23
(a) the registered proprietor of the land; 24
(b) the lessee, sublessee or licensee of the land 25
under the Land Act 1994; 26
(c) the trustee of a reserve over the land or the 27
holder of a permit to occupy the land under 28
the Land Act 1994; 29
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(d) the lessee of the land under a registered 1
lease under the Land Title Act 1994. 2
prescribed entity means any of the following-- 3
(a) the State; 4
(b) a local government; 5
(c) the applicant for a resource tenure; 6
(d) a resource tenure holder; 7
(e) the holder of a geothermal tenure under the 8
Geothermal Energy Act 2010 relating to the 9
land; 10
(f) the holder of a GHG tenure under the 11
Greenhouse Gas Storage Act 2009 relating 12
to the land; 13
(g) the plantation licensee of a plantation 14
licence under the Forestry Act 1959. 15
(h) a water authority; 16
(i) the holder of a resource operations licence, 17
distribution operations licence or an 18
operations licence; 19
(j) the holder of a pipeline licence under the 20
Petroleum and Gas Act; 21
(k) CEWH; 22
(l) an entity prescribed by regulation. 23
105 Purpose of div 2 24
Under this division, the chief executive may grant 25
water licences for taking water and interfering with 26
the flow of water, for example, by a weir. 27
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106 What is a water licence 1
(1) A water licence may authorise the taking of water 2
from a location or the interference with water at a 3
location. 4
(2) Generally, a water licence attaches to the water 5
licensee's land, other than if the licensee is an 6
prescribed entity. 7
(3) However, a water licence to take underground 8
water for stock or domestic purposes-- 9
(a) attaches to the parcel of land on which the 10
water is taken; and 11
(b) if the water is used on another parcel that is 12
the licensee's land--may attach to all 13
parcels on which the water is used. 14
(4) A water licence may be amended, renewed, 15
reinstated, relocated, transferred, amalgamated, 16
subdivided, surrendered, cancelled or repealed. 17
Subdivision 2 Obtaining a water licences 18
107 Applying for a water licence 19
(1) An owner of a parcel or parcels of land may 20
apply for a water licence for the parcel or 21
parcels-- 22
(a) for taking water and using the water on any 23
of the land; or 24
(b) to interfere with the flow of water on, under 25
or adjoining any of the land; or 26
(c) for both taking and using water under 27
paragraph (a) and interfering with the flow 28
of water under paragraph (b) if the take is 29
from the storage created by the interference. 30
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(2) An application under subsection (1)(a) may be 1
for taking water from any of the following-- 2
(a) a watercourse, lake or spring on or adjoining 3
any of the land; 4
(b) an aquifer under any of the land; 5
(c) water flowing across any of the land. 6
(3) Also, an application under subsection (1)(a) or 7
(b) may be for taking water from a watercourse, 8
lake, spring or aquifer if-- 9
(a) for water from a watercourse, lake or 10
spring--the watercourse, lake or spring does 11
not adjoin any of the applicant's land or the 12
proposed point of taking the water is not on 13
the applicant's land; or 14
(b) for water from an aquifer--the aquifer is not 15
under the applicant's land. 16
(4) A prescribed entity may also apply for a water 17
licence for taking water or interfering with the 18
flow of water. 19
108 Applying for transmission water licence 20
(1) Subject to subsection (3), each of the following 21
entities may apply for a water licence (a 22
transmission water licence) for taking water 23
from a receiving water source-- 24
(a) the bulk water supply authority; 25
(b) a relevant entity for a recycled water 26
scheme; 27
(c) an entity nominated by a relevant entity for a 28
recycled water scheme. 29
(2) An application made under subsection (1) is a 30
licence application. 31
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(3) If recycled water in a receiving water source is 1
supplied from water supply works that supply 2
bulk services under a bulk water supply 3
agreement, the bulk water supply authority is the 4
only entity that may make a licence application in 5
relation to the receiving water source. 6
(4) This subdivision, other than sections 110, 111, 7
113 and 114 and this section, does not apply to a 8
licence application. 9
(5) For applying sections 110, 111, 113 and 114, a 10
reference to an application is taken to be a 11
reference to a licence application. 12
(6) The chief executive may decide the licence 13
application without notice of the licence 14
application being published. 15
(7) If the chief executive grants a licence application,
the transmission water licence does not attach to 17
16
the licensee's land. 18
(8) In this section-- 19
approved recycled water management plan has 20
the meaning given in the Water Supply (Safety 21
and Reliability) Act 2008, schedule 3. 22
receiving water source means a lake, or 23
watercourse, into which recycled water is 24
supplied under an approved recycled water 25
management plan to augment a supply of 26
drinking water. 27
relevant entity has the meaning given in the 28
Water Supply (Safety and Reliability) Act 2008, 29
schedule 3. 30
109 When application may not be made 31
An application can not be made for a water licence for 32
an activity that the applicant is authorised to do under 33
part 3, division 1. 34
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110 How application may be made 1
An application under section 107 or section 108 must 2
be-- 3
(a) made to the chief executive in the approved 4
form; and 5
(b) accompanied by the fee prescribed by 6
regulation. 7
111 Additional information may be required 8
(1) The chief executive may require-- 9
(a) the applicant to give additional information 10
about the application within the reasonable 11
time stated in the requirement; or 12
(b) any information included in the application, 13
or any additional information required under 14
paragraph (a), to be verified by statutory 15
declaration; or 16
(c) if notice of the application is 17
published--any submitter to give additional 18
information about the submission. 19
(2) If the applicant fails, without reasonable excuse, 20
to comply with the requirement within the 21
reasonable time stated in the requirement, the 22
application lapses. 23
112 Public notice of application for water licence 24
(1) This section applies if the chief executive is 25
satisfied the application has been properly made 26
and the applicant has given the chief executive 27
any additional information requested for the 28
application. 29
(2) However, this section does not apply if-- 30
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(a) the application is for taking underground 1
water only for domestic purposes or 2
watering stock of a number that would 3
normally be depastured on the land to which 4
the application relates; or 5
(b) the chief executive is satisfied granting the 6
application would be inconsistent with a 7
water plan. 8
(3) The chief executive must give the applicant a 9
notice requiring the applicant to publish the 10
information, for the period and in the way, stated 11
in the notice. 12
(4) The information to be published must include at 13
least the following-- 14
(a) the location of the proposed taking of, or 15
interfering with, water; 16
(b) where copies of the application may be 17
inspected; 18
(c) that written submissions may be made by 19
any entity about the application; 20
(d) a day by which submissions must be made, 21
and the person to whom, and the place 22
where, the submissions must be made. 23
(5) The day stated under subsection (4)(d) must not 24
be earlier than 30 business days after the day the 25
information is published. 26
(6) Within 10 business days after the information is 27
published, the applicant must give the chief 28
executive evidence of the publication. 29
(7) If the applicant fails, without reasonable excuse, 30
to comply with subsection (6), the application 31
lapses. 32
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113 Criteria for deciding application for water 1
licence 2
In deciding whether to grant or refuse the application, 3
the chief executive must consider the application 4
together with-- 5
(a) if a water plan would apply to any water 6
licence granted--the water plan; and 7
(b) if the application relates to the 8
Murray-Darling Basin--the long-term 9
average sustainable diversion limits 10
included in the Basin Plan; and 11
(c) if additional information has been given to 12
the chief executive under section 111--the 13
additional information; and 14
(d) if notice of the application has been 15
published under section 112--all properly 16
made submissions about the application; 17
and 18
(e) if a water plan would not apply to any water 19
licence granted-- 20
(i) existing water entitlements and 21
authorities to take or interfere with 22
water; and 23
(ii) any information about the effects of 24
taking, or interfering with, water on 25
natural ecosystems; and 26
(iii) any information about the effects of 27
taking, or interfering with, water on the 28
physical integrity of watercourses, 29
lakes, springs or aquifers; and 30
(iv) strategies and policies for water 31
resource management in the area to 32
which the application relates; and 33
(v) the public interest. 34
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114 Deciding application for water licence 1
(1) The chief executive must decide to grant, or to 2
grant in part, with or without conditions, or 3
refuse to grant, the application. 4
(2) Subsection (3) applies if the granting, or granting 5
in part, of the application would be inconsistent 6
with a water plan. 7
(3) The chief executive must refuse the application 8
and give notice of the decision, including the 9
reasons for the decision, within 30 business days 10
after deciding the application. 11
(4) Subsection (5) applies if the chief executive 12
makes a decision consistent with-- 13
(a) the water plan, if no other decision could 14
have been made; or 15
(b) a water entitlement notice; or 16
(c) the terms of grant or sale for an unallocated 17
water release process. 18
(5) The chief executive must give notice of the 19
decision, including the reasons for the decision, 20
within 30 business days after deciding the 21
application. 22
(6) Subsection (7) applies if-- 23
(a) a water plan does not apply to the water the 24
subject of the application; or 25
(b) the chief executive makes a decision 26
consistent with the water plan and a 27
different decision consistent with the plan 28
could have been made. 29
(7) The chief executive must give the applicant, and 30
any person who gave a properly made submission 31
about the application, an information notice 32
about the decision within 30 business days after 33
granting the application. 34
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(8) If the chief executive grants the application, or 1
grants the application in part, with or without 2
conditions, the chief executive must, within 30 3
business days after the granting, give a water 4
licence in the approved form to-- 5
(a) the applicant; or 6
(b) if after making the application the applicant 7
has ceased to be an owner of land to which 8
the application relates--the registered 9
owner of the land. 10
(9) The licence has effect from the day the 11
information notice or notice of the decision is 12
given to the applicant. 13
115 Effect of disposal of part of land to which 14
application for water licence relates 15
(1) Subsection (2) applies if-- 16
(a) an application for a water licence is made to 17
the chief executive; and 18
(b) the applicant disposes of part of the land to 19
which the application relates; and 20
(c) at the time the applicant disposes of the part, 21
the chief executive has not decided the 22
application under section 114. 23
(2) The application lapses on the day the applicant 24
disposes of the part. 25
116 Granting a water licence under a process in a 26
plan or regulation 27
(1) Subsection (2) applies if-- 28
(a) a water plan, water management protocol or 29
regulation states a process for the allocation 30
of water, or interference with the flow of 31
water, under a water licence; or 32
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(b) the chief executive decides to grant a water 1
licence for the allocation of water, or 2
interference with the flow of water, to 3
implement a water development option 4
under section 92. 5
(2) The chief executive may grant a water licence 6
under this section in accordance with the process 7
without the need for an application to be made 8
under section 107. 9
(3) Within 30 business days after the chief executive 10
grants the licence, the chief executive must give 11
the licensee the licence and a notice about the 12
granting of the licence in the way stated in 13
section 114. 14
(4) The licence has effect from the day the licence is 15
given to the licensee. 16
Subdivision 3 Contents, terms and 17
conditions of water 18
licences 19
117 Contents of water licence 20
A water licence must state-- 21
(a) the term of the licence; and 22
(b) the water to which the licence relates; and 23
(c) one of the following-- 24
(i) the location from which the water may 25
be taken; 26
(ii) the location at which water may be 27
interfered with; 28
(iii) the location from which the water may 29
be taken and at which it may be 30
interfered with; and 31
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(d) the conditions of the licence. 1
118 Conditions of water licence 2
(1) The water licence is subject to the conditions-- 3
(a) prescribed by regulation; and 4
(b) the chief executive may impose for a 5
particular licence. 6
(2) Without limiting subsection (1), the conditions 7
may require the holder of the licence to do all or 8
any of the following-- 9
(a) install a measuring device to measure the 10
volume of water taken, the rate at which it is 11
taken and the time it is taken; 12
(b) provide and maintain access to alternative 13
water supplies for other persons, authorised 14
under this Act to take water, who would be 15
affected by the granting of the licence; 16
(c) carry out and report on a stated monitoring 17
program; 18
(d) give relevant information reasonably 19
required by the chief executive for the 20
administration or enforcement of this Act. 21
119 Where water under certain licences must be 22
used 23
(1) Water taken under a licence that is attached to 24
land must be used only on the land to which the 25
licence attaches. 26
Maximum penalty--1665 penalty units. 27
(2) However, subsection (1) does not apply to-- 28
(a) water taken under a licence attached to land 29
the subject of a water facility agreement 30
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under the Land Protection (Pest and Stock 1
Route Management) Act 2002; or 2
(b) underground water taken under a water 3
licence for stock or domestic purposes. 4
Subdivision 4 Dealings with water 5
licences 6
120 What are dealings with water licences 7
The following are dealings with water licences-- 8
(a) amending a licence; 9
(b) renewing a licence; 10
(c) reinstating a licence; 11
(d) relocating a licence; 12
(e) transferring a licence; 13
(f) amalgamating licences; 14
(g) subdividing a licence; 15
(h) seasonal water assignment of a licence; 16
(i) cancelling a licence; 17
(j) surrendering a licence; 18
(k) repealing a licence. 19
121 Who may apply for dealing with water licence 20
(1) The licensee of a water licence may apply for 1 21
or more dealings with the licence. 22
(2) However, this section does not apply to a licensee 23
surrendering the licensee's water licence or the 24
cancellation or repeal of a licence. 25
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(3) Also, the following persons may apply for the 1
dealing with the water licence mentioned in the 2
circumstances mentioned-- 3
(a) for a seasonal water assignment for the 4
water year in which the application is 5
made--the holder of a seasonal water 6
assignment notice; 7
(b) for the transfer of a water licence--the 8
licensee and proposed transferee if the 9
proposed transferee may apply for water 10
licence under section 107; 11
(c) for an application to reinstate an expired 12
water licence-- 13
(i) if a licensee fails to renew a water 14
licence--the licensee; or 15
(ii) if the licensee has ceased to be an 16
owner of the land to which the licence 17
was attached--another owner of the 18
land; 19
(d) for an application to amalgamate 2 or more 20
water licences into a single licence--either 21
of the following-- 22
(i) the licensee or licensees of 2 or more 23
water licences relating to the same 24
land; 25
(ii) a prescribed entity. 26
122 How to apply for dealing with water licence 27
(1) An application for a dealing with a water licence 28
must be-- 29
(a) made to the chief executive in the approved 30
form; and 31
(b) accompanied by the fee prescribed by 32
regulation. 33
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(2) For an application mentioned in section 123, 126 1
or 127, the application must comply with the 2
requirements stated in the section. 3
123 Application to amend water licence to add or 4
remove land 5
(1) This section applies to an application to amend a 6
water licence-- 7
(a) by adding land to the land to which the 8
licence attaches; or 9
(b) by removing land from the land to which the 10
licence attaches, whether or not the 11
application also seeks a reduction in the 12
volume of water that may be taken under the 13
licence. 14
(2) The applicant must give notice of the application 15
to any entity that has an interest in the land to 16
which the licence attaches, the land to be added 17
or the land to be removed. 18
(3) The notice must include at least the following-- 19
(a) a description of the proposed changes to the 20
land to which the licence attaches; 21
(b) where copies of the application may be 22
inspected and, on payment of a fee, 23
purchased. 24
(4) The application to amend the licence must be 25
accompanied by written advice from the 26
applicant that the applicant has complied with 27
subsection (2) for the application. 28
(5) Within 10 business days after the notice is given, 29
the applicant must give the chief executive a copy 30
of the notice. 31
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(6) If the applicant fails, without reasonable excuse, 1
to comply with subsection (5), the application 2
lapses. 3
(7) The chief executive may send a copy of the 4
notice to any other entity the chief executive 5
considers appropriate. 6
124 Water licence remains in force until 7
application for renewal decided 8
If a water licensee applies to renew a water licence 9
before the licence expires, the licence remains in force 10
until-- 11
(a) if the application is approved with or 12
without variation--the applicant is given a 13
new licence; or 14
(b) if the application is refused and the 15
applicant has appealed against the 16
decision--until the date on which 17
notification of the final outcome of the 18
appeal has been given to the applicant; or 19
(c) if the application is refused and the 20
applicant has not appealed against the 21
decision--30 business days after the 22
applicant is given an information notice. 23
125 Application to reinstate expired water licence 24
(1) This section applies to an application mentioned 25
in section 121(3)(c). 26
(2) The applicant may apply to have the water 27
licence reinstated within 60 business days after 28
the licence expires. 29
(3) If an application for the reinstatement of a water 30
licence is made, the expired licence is taken to 31
have been in force from the day the application 32
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was made until the applicant has been notified of 1
the chief executive's decision on the application. 2
126 Application to relocate water licence etc. 3
(1) This section applies if, for a water licence, to take 4
water-- 5
(a) a regulation or water management protocol 6
states that all or part of the water licence 7
may be-- 8
(i) if the licence attaches to 9
land--transferred so that the whole or 10
the part attaches to other land, whether 11
in or outside Queensland; or 12
(ii) transferred to a prescribed person; or 13
(iii) amended to change the location from 14
which the water may be taken or the 15
purpose for which the water may be 16
taken; or 17
(iv) amalgamated with another water 18
licence held or to be held by the 19
transferee; and 20
(b) a regulation states the process for dealing 21
with an application for the transfer, 22
amendment or amalgamation. 23
(2) The application must be made in accordance with 24
the process prescribed by regulation. 25
(3) In this section-- 26
prescribed person means-- 27
(a) a person who is, or will be, an owner of land 28
to which a water licence will attach when a 29
transfer under this section is approved; or 30
(b) a prescribed entity. 31
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127 Application for a seasonal water assignment 1
(1) This section applies to an application mentioned 2
in section 121(3)(a). 3
(2) The application may be made only if-- 4
(a) a water plan or the water management 5
protocol that implements the water plan 6
allows seasonal water assignments; or 7
(b) for water licences to which no water plan or 8
water management protocol applies--a 9
regulation allows seasonal water 10
assignments and prescribes seasonal water 11
assignment rules. 12
(3) The application must-- 13
(a) relate to the water year in which the 14
application is made; and 15
(b) include the name and address of the 16
proposed assignee; and 17
(c) if the proposed assignee holds a water 18
licence for the water management area in 19
which the assignee proposes to take the 20
benefit of the assignment--include details 21
of the water licence; and 22
(d) include evidence of the consent of the 23
proposed assignee. 24
128 Additional information may be required for 25
application for dealings 26
(1) The chief executive may require-- 27
(a) the applicant to give additional information 28
about the application for a dealing; or 29
(b) any information included in the application, 30
or any additional information required under 31
paragraph (a), to be verified by statutory 32
declaration; or 33
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(c) if notice of the application is 1
published--any submitter to give additional 2
information about the submission. 3
(2) If the applicant fails, without reasonable excuse, 4
to comply with the requirement within the 5
reasonable time stated in the requirement, the 6
application lapses. 7
129 When chief executive must refuse application 8
(1) If the granting of the application would be 9
inconsistent with a water plan, water 10
management protocol or the seasonal water 11
assignment rules prescribed in a regulation, the 12
chief executive must refuse the application 13
without notice of the application being published. 14
(2) Within 30 business days after refusing the 15
application, the chief executive must give the 16
applicant a notice under section 114 about the 17
refusal. 18
130 When dealing must be assessed as if it were a 19
new water licence 20
If a proposed dealing for a water licence does 1 or 21
more of the following, it must be assessed as if it were 22
an application for a new water licence-- 23
(a) increases the amount of water that may be 24
taken under the licence; 25
(b) increases the daily rate or maximum rate per 26
second at which water may be taken under 27
the licence; 28
(c) changes the location of taking or interfering 29
with water under the licence, unless the 30
dealing is permitted under a regulation or 31
water management protocol; 32
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(d) increases or changes the interference with 1
water under the licence. 2
131 Recording other dealings 3
(1) This section applies to a proposed dealing other 4
than a dealing to which section 130 applies. 5
(2) The chief executive must-- 6
(a) approve the dealing and record it in the 7
department's records within 30 business 8
days after receiving the application for the 9
dealing if the chief executive is satisfied-- 10
(i) the application is consistent with any 11
relevant regulation, water plan or water 12
management protocol; and 13
(ii) the requirements for the application 14
have been met; and 15
(b) if required, issue-- 16
(i) 1 or more new water licences; or 17
(ii) a new seasonal water assignment 18
notice. 19
(3) If the chief executive does not record the dealing, 20
the chief executive must give the applicant notice 21
of the decision, including the reasons for the 22
decision. 23
(4) A water licence or notice issued under subsection 24
(2)(b) takes effect on the day it is given to the 25
applicant. 26
(5) A water licence replaced by a new water licence 27
issued under subsection (2)(b) expires on the day 28
the new licence is given. 29
(6) To the extent an application for a seasonal water 30
assignment notice is approved, the licensee is not 31
authorised to take water that is the subject of the 32
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seasonal water assignment under the water 1
licence. 2
132 Actions chief executive may take in relation to 3
water licences 4
(1) The chief executive may do the following 5
without complying with the provisions of this 6
division, other than this section and sections 133 7
to 135-- 8
(a) amend a water licence to correct a minor 9
error in the licence, or make another change 10
that is not a change of substance; 11
(b) amend a water licence after a show cause 12
process if the chief executive is satisfied the 13
amendment is required; 14
(c) cancel a water licence after a show cause 15
process if the chief executive is satisfied the 16
licence should be cancelled; 17
(d) repeal a water licence if the licence is no 18
longer required to authorise the taking or 19
interference with water. 20
(2) If the chief executive repeals a water licence, the 21
chief executive must give the licensee notice of 22
the decision, including the reasons for the 23
decision. 24
(3) If the chief executive amends a water licence 25
under subsection (1)(a), the chief executive must 26
give the licensee an amended licence in the 27
approved form. 28
133 Actions chief executive must take in relation to 29
water licences 30
(1) The chief executive must amend, replace or 31
repeal a water licence if the water licence is 32
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inconsistent with a water plan or a water 1
entitlement notice. 2
(2) The chief executive must, within the time stated 3
in the plan or notice or as soon as possible after 4
the plan or notice is approved-- 5
(a) amend, replace or repeal the water licence; 6
and 7
(b) give the licensee a notice under section 114 8
stating the aspects of the existing licence 9
that are inconsistent with the plan or notice; 10
and 11
(c) if required--give the licensee an amended 12
or new water licence in the approved form. 13
(3) The amended or new water licence, or the repeal 14
of a water licence, takes effect from the day the 15
chief executive gives the licensee the amended or 16
new licence or notice of the repeal. 17
134 Amendment of water licence after show cause 18
process 19
(1) This section applies to an amendment of a water 20
licence by the chief executive under section 21
132(1)(b). 22
(2) The amendment must not-- 23
(a) increase the amount of water that may be 24
taken under the licence; or 25
(b) increase the daily rate or maximum rate per 26
second at which water may be taken under 27
the licence; or 28
(c) change the location of taking or interfering 29
with water under the licence, unless the 30
dealing is permitted under a regulation or 31
water management protocol; or 32
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(d) increase or change the interference with 1
water under the licence. 2
(3) Before the chief executive acts under subsection 3
(1), the chief executive must give the licensee a 4
show cause notice about the proposed 5
amendment. 6
(4) In deciding whether to amend the water licence, 7
the chief executive must consider any properly 8
made submission about the proposed 9
amendment. 10
(5) If the chief executive is satisfied the proposed 11
amendment should be made, the chief executive 12
must, within 30 business days after the decision, 13
give the licensee an amended water licence in the 14
approved form and an information notice about 15
the decision. 16
(6) If the chief executive is not satisfied the 17
amendment should be made, the chief executive 18
must give the licensee notice that the water 19
licence will not be amended. 20
(7) The amended water licence takes effect from the 21
day the licence is given to the licensee. 22
135 Cancellation of water licence 23
(1) This section applies to a cancellation of a water 24
licence by the chief executive under section 25
132(1)(c). 26
(2) Section 134 applies to the cancellation-- 27
(a) as if a reference in the section to an 28
amendment of the water licence were a 29
reference to the cancellation of the licence; 30
and 31
(b) with any other necessary changes. 32
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(3) The chief executive must not cancel a water 1
licence if a seasonal water assignment notice 2
applies to the licence. 3
136 Surrender of a water licence 4
(1) A licensee may surrender a water licence by 5
giving the chief executive a notice of surrender. 6
(2) The surrender-- 7
(a) takes effect on the date on which the notice 8
to surrender is received by the chief 9
executive; and 10
(b) does not affect in any way a duty under this 11
Act about works imposed on the licensee 12
before the surrender. 13
(3) A licensee must not surrender a water licence if a 14
seasonal water assignment notice applies to the 15
licence. 16
Division 3 Water permits 17
137 Applying for water permit 18
(1) A person may apply for a water permit for taking 19
water for an activity. 20
(2) At the time the application is made, the activity, 21
must have a reasonably foreseeable conclusion 22
date. 23
(3) The application must be-- 24
(a) made to the chief executive in the approved 25
form; and 26
(b) supported by sufficient information to 27
enable the chief executive to decide the 28
application; and 29
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(c) accompanied by the fee prescribed by 1
regulation. 2
138 Criteria for deciding application for water 3
permit 4
In deciding whether to grant or refuse the application 5
or the conditions for the water permit, the chief 6
executive must consider the following-- 7
(a) the application and additional information 8
given in relation to the application; 9
(b) existing water entitlements and 10
authorisations to take or interfere with 11
water; 12
(c) any information about the impacts on 13
natural ecosystems; 14
(d) any information about the impacts on the 15
physical integrity of watercourses, lakes, 16
springs or aquifers; 17
(e) the public interest. 18
139 Deciding application for water permit 19
(1) If the chief executive is satisfied the application 20
should be granted, or granted in part, the chief 21
executive must grant all or part of the application 22
for a stated period, with or without conditions. 23
(2) If the chief executive is not satisfied the 24
application should be granted, the chief executive 25
must refuse the application. 26
(3) Within 30 business days after deciding the 27
application, the chief executive must give the 28
applicant an information notice about the 29
decision. 30
(4) If the chief executive grants all or part of the 31
application, with or without conditions, the chief 32
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executive must, within 30 business days after 1
granting the application, give the applicant a 2
water permit in the approved form. 3
(5) The water permit has effect from the day the 4
information notice is given to the applicant. 5
140 Contents of water permit 6
A water permit-- 7
(a) relates to the location or locations stated on 8
the permit; and 9
(b) must be granted for a stated period; and 10
(c) can not be transferred, amended, renewed or 11
suspended; and 12
(d) must be for a stated activity. 13
141 Conditions of water permit 14
The water permit is subject to the conditions-- 15
(a) prescribed by regulation; and 16
(b) the chief executive may impose for a 17
particular permit. 18
142 Cancelling water permit 19
(1) The chief executive may cancel a water permit if 20
the chief executive is satisfied the permit should 21
be cancelled. 22
(2) Section 134 applies to the cancellation-- 23
(a) as if a reference in the section to-- 24
(i) an amendment were a reference to a 25
cancellation; and 26
(ii) a licence were a reference to a permit; 27
and 28
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(iii) a licensee were a reference to a 1
permittee; and 2
(b) with any other necessary changes. 3
Division 4 Water allocations 4
Subdivision 1 Preliminary 5
143 Meaning of element of a water allocation 6
(1) For this division, an element of a water allocation 7
is an attribute or a condition of the allocation. 8
(2) The following are attributes of a water 9
allocation-- 10
(a) the nominal volume for the allocation; 11
(b) the maximum rate; 12
(c) the volumetric limit. 13
(3) The following are conditions of a water 14
allocation-- 15
(a) the location from which the water may be 16
taken under the allocation; 17
(b) the purpose for which the water may be 18
taken under the allocation; 19
(c) flow conditions under which the water may 20
be taken; 21
(d) any other condition required by the chief 22
executive under section 152(1)(e). 23
144 Meaning of maximum rate for div 4 24
(1) For this division, the maximum rate for a water 25
allocation is the maximum volume of water, in 26
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megalitres, that may be taken under the allocation 1
during a day. 2
(2) However, if a condition on a water allocation 3
contains a water sharing rule about the maximum 4
rate that applies to the water allocation, the 5
maximum rate is, under the rule, the maximum 6
rate at which water may be taken during a 7
particular period of time or in particular 8
circumstances. 9
(3) A water allocation may include more than one 10
maximum rate if there is more than one condition 11
that applies to the maximum rate that may be 12
taken. 13
145 Meaning of volumetric limit for div 4 14
(1) For this division, the volumetric limit for a water 15
allocation is the maximum volume of water, in 16
megalitres, that may be taken under the allocation 17
during a water year. 18
(2) However, if a condition on a water allocation or a 19
water management protocol contains a water 20
sharing rule about volumetric limits that applies 21
to the water allocation, the volumetric limit stated 22
on the water allocation is used to calculate, under 23
the rule, the maximum volume that may be taken 24
under the allocation during a particular period or 25
in particular circumstances. 26
(3) A water allocation may include more than one 27
volumetric limit if there is more than one 28
condition that applies to the limit. 29
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Subdivision 2 Converting water 1
entitlements and granting 2
water allocations 3
146 Converting water entitlements 4
(1) On the day a water entitlement notice takes 5
effect-- 6
(a) all water licences, interim water allocations 7
or other authorities to take water, to be 8
converted under the notice, expire and the 9
chief executive must grant to the holders of 10
the expired water licences, interim water 11
allocations or other authorities, the water 12
entitlements stated in the notice; and 13
(b) the registrar must record on the water 14
allocations register details of each water 15
allocation granted. 16
(2) If the allocation is managed under a resource 17
operations licence, the allocation holder and the 18
resource operations licence holder must have a 19
supply contract for the allocation. 20
(3) Subsection (4) applies if-- 21
(a) the allocation holder and the resource 22
operations licence holder have not entered 23
into a supply contract for the allocation; and 24
(b) the resource operations licence holder has 25
placed a standard supply contract on the 26
resource operations licence holder's 27
website. 28
(4) The resource operations licence holder and the 29
allocation holder are taken to have been entered 30
into the standard supply contract on the day the 31
water allocation is registered. 32
(5) Subsection (6) applies if-- 33
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(a) the allocation holder and the resource 1
operations licence holder have not entered 2
into a supply contract for the allocation; and 3
(b) the resource operations licence holder has 4
not placed a standard supply contract on the 5
resource operations licence holder's 6
website. 7
(6) The resource operations licence holder and the 8
allocation holder are taken to have been entered 9
into the standard supply contract published on the 10
department's website on the day the water 11
allocation is registered. 12
(7) Subsection (2) does not apply if-- 13
(a) the resource operations licence holder and 14
the water allocation holder are the same 15
person; or 16
(b) the water allocation holder is a subsidiary 17
company of the resource operations licence 18
holder. 19
(8) Subsection (9) applies if the chief executive has 20
been given a notice under section 73(1)(a). 21
(9) The water allocation must be recorded in 22
accordance with the notice and has effect on the 23
day the granting of the allocation is recorded. 24
147 Granting water allocations under a process in 25
a plan or to implement a water development 26
option 27
(1) Subsection (2) applies if-- 28
(a) a water plan, water management protocol or 29
regulation states a process for the allocation 30
of water under a water allocation; or 31
(b) the chief executive decides to grant a water 32
allocation to implement a water 33
development option under section 92. 34
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(2) The chief executive may grant a water allocation 1
in accordance with the process. 2
(3) On the day the allocation is granted, the registrar 3
must record on the water allocations register 4
details of the allocation. 5
(4) If the allocation is managed under a resource 6
operations licence, the allocation holder and the 7
resource operations licence holder must have a 8
supply contract for the allocation. 9
(5) Subsection (4) does not apply if-- 10
(a) the resource operations licence holder and 11
the water allocation holder are the same 12
person; or 13
(b) the water allocation holder is a subsidiary 14
company of the resource operations licence 15
holder. 16
(6) Within 30 business days after the chief executive 17
grants the allocation, the chief executive must 18
give the allocation holder a notice about the 19
granting of the allocation. 20
(7) The allocation has effect on the day the registrar 21
records the granting of the allocation in the 22
register. 23
148 Relationship between water plans and water 24
allocation 25
(1) Taking water under a water allocation is subject 26
to-- 27
(a) the water plan for a plan area; and 28
(b) either-- 29
(i) for a water allocation managed under a 30
resource operations licence--the 31
conditions of the resource operations 32
licence and any operations manual; or 33
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(ii) for a water allocation not managed 1
under a resource operations 2
licence--the water management 3
protocol. 4
(2) If there is a conflict between the water plan and 5
the water allocation, the plan prevails. 6
149 Security for supply and storage of water 7
allocation 8
If a water allocation is managed under a resource 9
operations licence, the licence holder may require the 10
allocation holder to give the licence holder reasonable 11
security for supplying and storing the allocation. 12
150 Amending water allocations 13
(1) Subsection (2) applies if-- 14
(a) a water plan states that a water allocation 15
must be amended; or 16
(b) there is a change to the name of the water 17
management area that includes the location 18
from which water under the allocation may 19
be taken; or 20
(c) there is a change to the name of the resource 21
operations licence under which a water 22
allocation is managed. 23
(2) The chief executive must amend the water 24
allocation in accordance with the plan or the 25
change and give the allocation holder a notice 26
about the amendment within 30 days from the 27
day the amendment takes effect. 28
(3) On the day the water allocation is amended, the 29
registrar must record on the water allocations 30
register details of the amendment. 31
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(4) The amendment has effect on the day the 1
registrar records the amendment in the register. 2
151 Correcting water allocation when recording 3
the granting or amending 4
(1) The registrar may make any necessary 5
corrections to the name of the holder of the 6
existing water entitlement when recording the 7
granting or amending of the water allocation. 8
(2) For subsection (1), the chief executive may 9
require-- 10
(a) the applicant to give additional information 11
about the correction; or 12
(b) any information about the correction, or any 13
additional information required under 14
paragraph (a), to be verified by statutory 15
declaration. 16
152 Registration details for water allocations 17
(1) The entry on the water allocations register for a 18
water allocation must state the following-- 19
(a) the name of the person who holds, and how 20
the person holds, the allocation; 21
(b) a nominal volume for the allocation; 22
(c) the location from which water under the 23
allocation may be taken; 24
(d) the purpose for which the water may be 25
taken, including, for example, rural, 26
distribution loss, town water supply or for 27
any purpose; 28
(e) any conditions required by the chief 29
executive; 30
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(f) the water plan under which the allocation is 1
managed; 2
(g) other matters prescribed by regulation. 3
(2) If the water allocation is managed under a 4
resource operations licence, the entry on the 5
water allocations register for the allocation must 6
also state the following-- 7
(a) the resource operations licence under which 8
the allocation is managed; 9
(b) the priority group to which the allocation 10
belongs. 11
(3) If the water allocation is not managed under a 12
resource operations licence, the entry on the 13
water allocations register for the allocation must 14
also state the following-- 15
(a) the volumetric limit for the allocation; 16
(b) the maximum rate for the allocation; 17
(c) the flow conditions under which water under 18
the allocation may be taken; 19
(d) the water allocation group to which the 20
allocation belongs; 21
(e) the water management area that includes the 22
location from which the water may be taken. 23
153 Water allocations to which a distribution 24
operations licence applies 25
(1) This section applies if-- 26
(a) a water allocation is granted under section 27
146 and, at the time the allocation is 28
granted, water may be distributed to the 29
water allocation holder by the holder of a 30
distribution operations licence; or 31
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(b) the chief executive is satisfied that because 1
of a change to the location-- 2
(i) a water allocation takes water in a 3
distribution operations licence area; 4
and 5
(ii) the water to which the water allocation 6
applies is now distributed under a 7
distribution operations licence. 8
(2) The chief executive must give the registrar notice 9
that the water allocation is an allocation to which 10
a distribution operations licence applies. 11
154 Preservation of obligation in particular 12
circumstances 13
(1) This section applies if-- 14
(a) the location from which water may be taken 15
under a water allocation to which section 16
153(1) applies is changed to a location to 17
which the holder of the distribution 18
operations licence (the licence holder) does 19
not distribute water; or 20
(b) the allocation is changed or subdivided or 21
amalgamated with another water allocation. 22
(2) The obligation on the water allocation holder to 23
pay a charge, in relation to the licence holder's 24
distribution works, to the licence holder under the 25
distribution arrangements between the parties 26
continues to attach to the water allocation until 27
the licence holder agrees that the obligation has 28
been satisfied. 29
(3) If the licence holder agrees, under subsection (2), 30
that the obligation has been satisfied, the licence 31
holder must give the chief executive notice in the 32
approved form of the satisfaction. 33
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(4) If the chief executive receives notice under 1
subsection (3), the chief executive must give the 2
registrar notice that the water allocation is no 3
longer an allocation to which a distribution 4
operations licence applies. 5
155 Disclosure to proposed transferee or lessee of 6
water allocation to which distribution 7
operations licence applies 8
(1) This section applies to a water allocation if the 9
water to which the water allocation relates is 10
distributed to its holder (the allocation holder) 11
under a distribution operations licence (the 12
DOL). 13
(2) The allocation holder must, before entering into a 14
contract for the transfer or lease of the water 15
allocation, give the transferee or lessee under the 16
contract-- 17
(a) a disclosure statement for the water 18
allocation; and 19
(b) an acknowledgement notice for the water 20
allocation, for signing by the transferee or 21
lessee. 22
Examples of a contract-- 23
a contract for the sale or lease of the water allocation or 24
for the transfer or sublease of a lease of the water 25
allocation 26
(3) The disclosure statement for the water 27
allocation-- 28
(a) must fairly set out, for the water allocation, 29
the relevant details of the distribution 30
arrangements of the DOL holder, and the 31
financial obligations of the allocation holder 32
arising from the arrangements; and 33
(b) subject to paragraph (a), must be, or must 34
include, a document-- 35
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(i) as prepared by the DOL holder for the 1
purposes of the water allocation; and 2
(ii) given by the DOL holder to the 3
allocation holder at the request of the 4
allocation holder. 5
(4) The DOL holder must ensure that the matters 6
stated in the document mentioned in subsection 7
(3)(b) are the matters that the transferee or lessee 8
reasonably needs to be aware of before entering 9
into the contract. 10
(5) If the contract is entered into, but has not already 11
been settled, and the allocation holder did not 12
give the transferee or lessee the disclosure 13
statement as required under this section, the 14
transferee or lessee may terminate the contract. 15
(6) In this section-- 16
acknowledgement notice, for the water 17
allocation, means a statement in the approved 18
form acknowledging that the transferee or 19
lessee-- 20
(a) has seen a disclosure statement for the water 21
allocation; and 22
(b) understands the obligations, as set out in the 23
disclosure statement, that apply to the 24
transferee or lessee on becoming the holder 25
of the water allocation. 26
Subdivision 3 Dealings with water 27
allocations 28
156 Meaning of water allocation dealing 29
(1) For this subdivision, a water allocation dealing 30
is-- 31
(a) a transfer or lease under section 157; or 32
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(b) a change or subdivision of a water allocation 1
or the amalgamation of 2 or more water 2
allocations. 3
(2) A change in relation to a water allocation is a 4
reconfiguration of any 1 or more of the elements 5
of the allocation or a change to priority group or 6
water allocation group. 7
157 Transfers or leases of water allocations not 8
managed under a resource operations licence 9
(1) A water allocation holder who proposes to 10
transfer or lease a water allocation not managed 11
under a resource operations licence must give the 12
chief executive notice of the proposed transfer or 13
lease. 14
(2) The notice must be-- 15
(a) in the approved form; and 16
(b) accompanied by the fee prescribed by 17
regulation. 18
(3) The chief executive must give the water 19
allocation holder a certificate about the proposed 20
transfer or lease within 10 business days after 21
receiving the notice. 22
158 Water allocation dealing rules 23
(1) A regulation may prescribe water allocation 24
dealing rules applying to whole of the State. 25
(2) A water management protocol may state water 26
allocation dealing rules applying to the relevant 27
water plan area. 28
(3) The rules must not allow a water allocation 29
dealing that would-- 30
(a) for a water allocation managed under a 31
resource operations licence-- 32
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(i) increase the water allocation's share of 1
the water the resource operations 2
licence holder has available to supply 3
the water allocations managed under 4
the licence; or 5
(ii) increase the water the resource 6
operations licence holder has available 7
to supply the water allocations 8
managed under the licence; or 9
(b) for a water allocation not managed under a 10
resource operations licence-- 11
(i) change the nominal volume for the 12
water allocation; or 13
(ii) increase the share of the water 14
available to be taken under the water 15
allocation. 16
(4) Water allocation dealing rules may-- 17
(a) state the types of water allocation dealings 18
that are permitted under the rules; and 19
(b) state types of water allocation dealings that 20
must be assessed against stated criteria 21
under the rules; and 22
(c) state the types of water allocation dealings 23
that are prohibited under the rules. 24
(5) The rules must prescribe or state the process 25
relating to-- 26
(a) the making or an application for a water 27
allocation dealing; and 28
(b) deciding an application for a water 29
allocation dealing by the chief executive if 30
the dealing is a type that must be assessed. 31
(6) Without limiting subsection (5), the process may 32
state the following-- 33
(a) the way an application must be made; 34
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(b) that an application must be accompanied by 1
a fee; 2
(c) the requirements for publishing notice of the 3
application; 4
(d) that the applicant must pay the reasonable 5
costs incurred by the chief executive in 6
investigating the application; 7
(e) how the chief executive is to decide the 8
application and give notice of the chief 9
executive's decision to the applicant. 10
159 Applying for water allocation dealing 11
consistent with water allocation dealing rules 12
(1) The holder of a water allocation may apply to the 13
chief executive for a water allocation dealing, 14
other than a transfer or lease, under the water 15
allocation dealing rules. 16
(2) The chief executive must-- 17
(a) if the application is for a type of dealing 18
permitted under the water allocation dealing 19
rules--approve the application; or 20
(b) if the application is for a type of dealing 21
assessed under the water allocation dealing 22
rules--approve or refuse the application 23
and, if approved, approve it with or without 24
conditions; 25
(c) if the application for a type of dealing 26
prohibited under the water allocation 27
dealing rules--refuse the application. 28
(3) The chief executive must not approve an 29
application unless the dealing is consistent with 30
the water allocation dealing rules. 31
(4) If the chief executive approves an application for 32
a water allocation dealing, the chief executive 33
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must give the applicant a certificate of the 1
dealing. 2
160 Form and validity of certificate 3
A certificate under sections 157 and 159-- 4
(a) must be in the approved form; and 5
(b) remains valid-- 6
(i) until the date stated in the certificate; or 7
(ii) if the certificate does not state a 8
date--for 40 business days. 9
161 Registering approved application for a water 10
allocation dealing 11
(1) If the water allocation holder lodges a certificate 12
given under sections 157 and 159 with the 13
registrar, the registrar must record on the water 14
allocations register the details of the water 15
allocation dealing. 16
(2) The water allocation dealing has effect on the day 17
the registrar records the dealing in the register. 18
162 Water allocations may be surrendered 19
(1) A water allocation may be surrendered to the 20
chief executive by agreement between the chief 21
executive and the water allocation holder. 22
(2) However, a water allocation managed under a 23
resource operations licence or a distribution 24
operations licence can not be surrendered without 25
the consent of the holder of the licence. 26
(3) If a water allocation is subject to a supply 27
contract or distribution arrangements, the chief 28
executive is liable for fees under the supply 29
contract or distribution arrangements unless 30
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otherwise agreed between the chief executive and 1
the holder of a resource operations licence or a 2
distribution operations licence. 3
(4) If a water allocation is surrendered, the chief 4
executive may-- 5
(a) hold the allocation; or 6
(b) lease or sell the allocation by public auction, 7
public ballot, public tender or in another 8
way decided by the chief executive; or 9
(c) transfer the allocation to the holder of the 10
relevant resource operations licence or 11
distribution operations licence; or 12
(d) cancel the allocation under a water 13
entitlement notice and-- 14
(i) grant another water entitlement to 15
replace the allocation; or 16
(ii) state the authority under this Act that 17
replaces it; or 18
(e) cancel the allocation. 19
163 Cancelling water allocations 20
(1) The chief executive may cancel a water 21
allocation if the water allocation is surrendered. 22
(2) However, if the chief executive cancels a water 23
allocation managed under a resource operations 24
licence or a distribution operations licence, the 25
chief executive must give notice of the 26
cancellation to the licence holder. 27
(3) If the chief executive cancels a water allocation, 28
the chief executive must give notice to the 29
registrar. 30
(4) On receiving notice, the registrar must record the 31
cancellation on the water allocations register. 32
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164 Water allocations may be forfeited 1
(1) Subsection (2) applies if a water allocation holder 2
has been convicted of an offence against this Act. 3
(2) The chief executive may give the holder a show 4
cause notice as to why the water allocation 5
should not be forfeited. 6
(3) If, after considering any properly made 7
submission, the chief executive is still satisfied 8
the water allocation should be forfeited, the chief 9
executive may forfeit the water allocation. 10
(4) If the chief executive decides to forfeit the water 11
allocation, the chief executive must give the 12
holder an information notice within 10 business 13
days after the chief executive makes the decision. 14
(5) The forfeiture takes effect on the later of-- 15
(a) if the holder does not appeal against the 16
forfeiture--the day the period for appeals 17
ends; or 18
(b) if the holder appeals against the forfeiture 19
but withdraws the appeal--the day the 20
appeal is withdrawn; or 21
(c) if the holder appeals against the forfeiture 22
and the appeal is dismissed--the day the 23
appeal is decided. 24
(6) If the water allocation is forfeited, the chief 25
executive must sell the allocation by public 26
auction, public ballot, public tender or in another 27
way decided by the chief executive. 28
(7) Any money received by the chief executive on 29
the sale of the forfeited water allocation must be 30
applied as follows-- 31
(a) first--in paying the costs of the sale and any 32
other costs incurred in proceedings under 33
this section; 34
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(b) second--in discharging any liability of the 1
former water allocation holder under this 2
Act to the chief executive under this Act; 3
(c) third--in discharging the liability, if any, of 4
the former water allocation holder for any 5
outstanding debt owing to the distribution 6
operations licence holder under distribution 7
arrangements; 8
(d) fourth--in discharging the liability, if any, 9
of the former water allocation holder for any 10
outstanding debt owing to the resource 11
operations licence holder under a supply 12
contract; 13
(e) fifth--in discharging, in accordance with 14
the priorities of their registered interests, 15
any liabilities of the former allocation 16
holder owing to a person who has a 17
registered interest recorded over the 18
forfeited allocation on the water allocations 19
register; 20
(f) sixth--in payment to the former water 21
allocation holder. 22
(8) If the former allocation holder can not be found 23
after making reasonable inquiries as to the 24
holder's whereabouts, an amount payable to the 25
holder must be dealt with as unclaimed money 26
under the Public Trustee Act 1978. 27
(9) A genuine purchaser for value of a water 28
allocation under this section takes the allocation 29
free of all interests. 30
(10) Section 146(2) to (7) applies to the purchaser of a 31
water allocation under this section as if the 32
allocation were granted on the day the allocation 33
was sold. 34
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165 Dealing with water allocations granted or dealt 1
with through fraud 2
(1) Subsection (2) applies if a water allocation was 3
granted, or dealt with or recorded on the water 4
allocations register, in consequence of a false or 5
misleading representation or declaration, made 6
either orally or in writing. 7
(2) The Supreme Court may make the order it 8
considers just to deal with the water allocation. 9
166 Priority for applying proceeds of sale of water 10
allocations under a power of sale 11
(1) In addition to any other person who may exercise 12
a power of sale in relation to a water allocation, 13
the following persons may exercise a power of 14
sale in relation to a water allocation-- 15
(a) the chief executive under section 164(6); 16
(b) if a supply contract gives a resource 17
operations licence holder a power to sell the 18
water allocation--the holder; 19
(c) if distribution arrangements give a 20
distribution operations licence holder a 21
power to sell the water allocation--the 22
holder. 23
(2) The holder of a resource operations licence may 24
exercise a power of sale only in accordance with 25
the supply contract. 26
(3) The holder of a distribution operations licence 27
may exercise a power of sale only in accordance 28
with the distribution arrangements. 29
(4) Subsection (1) applies despite any registered 30
interest in the water allocation. 31
(5) Before exercising the power of sale, a person 32
proposing to exercise the power must give any 33
person who has a registered interest in the water 34
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allocation not less than 30 business days notice of 1
the proposed exercise of the power. 2
(6) An amount received on the sale of the water 3
allocation must be applied in the way mentioned 4
in section 164(7). 5
(7) A genuine purchaser for value of a water 6
allocation under this section takes the allocation 7
free of all interests. 8
(8) Section 146(2) to (7) applies to the purchaser of a 9
water allocation under this section as if the 10
allocation were granted on the day the allocation 11
was sold. 12
Subdivision 4 Registering interests 13
and dealings for water 14
allocations 15
167 Registrar 16
(1) There is to be a registrar of water allocations. 17
(2) The registrar has a seal of office. 18
(3) The registrar is to be employed under the Public 19
Service Act 2008. 20
(4) In acting under this Act or another Act, the 21
registrar is subject to the chief executive. 22
168 Water allocations register 23
(1) For registering water allocations and interests 24
and dealings with water allocations, the registrar 25
must keep a water allocations register. 26
(2) A regulation may prescribe-- 27
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(a) the locations of offices of the registry where 1
documents may be lodged for registration; 2
and 3
(b) the particular documents that may, or may 4
not, be lodged at a particular office of the 5
registry for registration or recording on the 6
register; and 7
(c) how documents may be lodged; and 8
(d) fees to be paid in relation to-- 9
(i) the lodgement and registration of 10
documents in the registry; and 11
(ii) the provision of other services by the 12
registrar; and 13
(e) how fees are to be paid and may be 14
recovered, including the provision of credit 15
facilities to persons approved by the 16
registrar; and 17
(f) additional information to be supplied with a 18
document; and 19
(g) transitional arrangements if a new document 20
is approved; and 21
(h) how documents may be signed; and 22
(i) anything else about a document. 23
(3) A person has notice of an interest in a water 24
allocation if the interest is included in the 25
register. 26
169 Form of register 27
(1) The register may be kept in the form the registrar 28
considers appropriate. 29
(2) Without limiting subsection (1), the registrar may 30
change the form in which a register or a part of a 31
register is kept. 32
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170 Interests and dealings that may be registered 1
(1) Subject to subsection (2), an interest or dealing 2
that may be registered for land under the Land 3
Title Act 1994 may be registered for a water 4
allocation on the water allocations register. 5
(2) An interest or dealing, the provisions for which 6
are excluded under section 173(1)(e), may not be 7
registered under this Act. 8
(3) If a water allocation is managed under a resource 9
operations licence, the registrar must not record 10
an interest on, or dealing with, the allocation until 11
the registrar has received from the resource 12
operations licence holder notice in the approved 13
form of the existence of a supply contract-- 14
(a) for a transfer or lease--between the 15
transferee or lessee of the allocation and the 16
resource operations licence holder; or 17
(b) otherwise--between the holder of the 18
allocation and the resource operations 19
licence holder. 20
(4) Subsection (3) does not apply if-- 21
(a) the resource operations licence holder and 22
the holder or proposed holder of the water 23
allocation are the same person; or 24
(b) the holder or proposed holder of the 25
allocation is a subsidiary company of the 26
resource operations licence holder. 27
(5) Also, if a water allocation being amalgamated or 28
subdivided is subject to a registered mortgage, 29
the registrar must not act under subsection (1) 30
unless the mortgagee has consented to the 31
amalgamation or subdivision. 32
(6) The registrar must not record a dealing capable of 33
being the subject of a contract under section 155 34
until the registrar receives an acknowledgement 35
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notice for the water allocation, signed by the 1
transferee or lessee. 2
(7) Subsection (6) applies whether or not the holder 3
of the water allocation has complied with the 4
allocation holder's obligation under section 155 5
to give the transferee or lessee a disclosure 6
statement for the allocation. 7
(8) The registrar must not record the transfer or lease 8
of a water allocation not managed under a 9
resource operations licence until the registrar 10
receives a certificate given under section 157. 11
(9) An instrument that purports to give effect to a 12
dealing of the type mentioned in subsection (1) 13
does not transfer or create an interest at law until 14
it is registered on the register. 15
171 Effect on priority of notices given under s 16
73(1)(b) 17
(1) If the chief executive is given a notice about a 18
water allocation under section 73(1)(b), the 19
notice causes to be continued, in the water 20
allocation, an interest equivalent to the interest 21
had by the interest holder in the former water 22
entitlement or other authority to take water until 23
whichever of the following first happens-- 24
(a) 60 business days expire after details of the 25
water allocation are recorded on the water 26
allocations register under section 146(1)(b); 27
(b) the interest mentioned in the notice is 28
recorded on the register. 29
(2) Subsection (1) applies despite the expiry under 30
section 146(1)(a) of the former water entitlement 31
or other authority to take water. 32
(3) However, if, before an event mentioned in 33
subsection (1)(a) or (b) happens, the interest 34
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holder lodges a caveat claiming an interest in the 1
water allocation, the equivalent interest continues 2
until-- 3
(a) the interest claimed in the caveat is recorded 4
on the water allocations register; or 5
(b) the caveat earlier lapses or is otherwise 6
cancelled, removed or withdrawn. 7
(4) The registrar must not record any other dealing 8
for the water allocation, other than a notice 9
mentioned in section 172(1), until subsections (1) 10
and (3) cease to have effect in relation to the 11
interest. 12
(5) If more than 1 notice is given under section 13
73(1)(b), the interests must be recorded in 14
accordance with the priority the interests have on 15
the land registry, as at the day the water 16
allocation is recorded, for the land to which the 17
former water entitlement or other authority to 18
take water was attached. 19
(6) However-- 20
(a) for an interest that is not an interest that was 21
recorded under the land registry but is 22
recorded in another register, the interest 23
must be registered in priority according to 24
the time the interest was recorded in the 25
other register; or 26
(b) for an interest not recorded in another 27
register, the interest must be registered in the 28
priority in which the interest was lodged for 29
registration. 30
172 Effect on priority of notices given under s 31
73(1)(c) 32
(1) If the chief executive is given a notice about a 33
water allocation under section 73(1)(c), the 34
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registrar must record the notice for the water 1
allocation-- 2
(a) within 60 business days after details of the 3
water allocation are recorded on the water 4
allocations register under section 146(1)(b); 5
and 6
(b) with the priority the interest mentioned in 7
the notice had on the land registry for the 8
land to which the interest relates as at the 9
day the allocation is recorded. 10
(2) A notice recorded under subsection (1)-- 11
(a) has the effect of encumbering the water 12
allocation for which the notice is recorded 13
with the interest mentioned in the notice; 14
and 15
(b) for the application of section 173, is taken to 16
be a mortgage for the water allocation for 17
the Land Title Act 1994, part 6, division 3. 18
(3) No fee under this Act or duty under the Duties 19
Act 2001 is payable for the recording of a notice 20
under subsection (1). 21
173 Application of Land Title Act 1994 to water 22
allocations register 23
(1) The Land Title Act 1994, other than the following 24
provisions, applies to matters under this part-- 25
(a) part 2, sections 16, 18(1)(a), 18(3), 18A; 26
(b) part 3, section 27 and divisions 2, 2A and 3; 27
(c) part 4; 28
(d) part 5, sections 55 and 58; 29
(e) part 6, sections 60(2), 64 to the extent it 30
permits the lease of part of a lot, and 65(2) 31
and divisions 4, 4A, 4B and 5; 32
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(f) part 7, section 122(3) and sections 132 to 1
135; 2
(g) part 8, sections 154 and 165; 3
(h) part 9, division 2, section 181 and 4
subdivisions B and C; 5
(i) part 11, section 193; 6
(j) part 12. 7
(2) An interest or dealing mentioned in section 170 8
may be registered in the way mentioned in the 9
Land Title Act 1994 and the registrar of water 10
allocations may exercise a power and perform an 11
obligation of the registrar of titles under the Land 12
Title Act 1994-- 13
(a) as if a reference in that Act to the registrar of 14
titles were a reference to the registrar 15
appointed under this division; and 16
(b) as if a reference in that Act to the freehold 17
land register were a reference to the water 18
allocations register; and 19
(c) as if a reference in that Act to freehold land 20
or land were a reference to a water 21
allocation; and 22
(d) as if a reference in that Act to a lot were a 23
reference to a water allocation; and 24
(e) with any other necessary changes. 25
(3) An instrument executed under the authority of a 26
power of attorney may be registered under this 27
Act only if the power of attorney is registered 28
under the Land Title Act 1994, section 133. 29
(4) In this section-- 30
Land Title Act 1994 does not include the Land 31
Title Regulation 2005. 32
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174 Application of other Acts to the water 1
allocations register 2
(1) If a provision of the Property Law Act 1974 3
refers to the Land Title Act 1994, or land, the 4
reference is, if the context permits, taken to be a 5
reference to the Land Title Act 1994, as applied 6
by this Act, or a water allocation. 7
(2) The following sections of the Land Valuation Act 8
2010 apply as if a reference to land or a parcel of 9
land includes a reference to a water allocation-- 10
(a) section 208(6), definition microfiche data; 11
(b) section 245. 12
175 Searching water allocations register 13
A person may, on payment of the fee prescribed by 14
regulation-- 15
(a) search and obtain a copy of-- 16
(i) a water allocation; or 17
(ii) an instrument registered in relation to 18
an allocation; or 19
(iii) an instrument that has been lodged but 20
is not registered (whether or not it has 21
been cancelled); or 22
(iv) information kept on the register about 23
the allocation; or 24
(b) obtain a copy of the allocation, or a 25
registered instrument, certified by the 26
registrar to be an accurate copy. 27
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Division 5 Resource operations 1
licences and distribution 2
operations licences 3
Subdivision 1 Nature and content of 4
resource operations 5
licences and distribution 6
operations licences 7
176 What is a resource operations licence 8
(1) A resource operations licence is an 9
authorisation-- 10
(a) to interfere with the flow of water to the 11
extent necessary to construct or operate the 12
water infrastructure to which the licence 13
applies; or 14
(b) to take water or interfere with the flow of 15
water to distribute water under water 16
allocations. 17
(2) A resource operations licence can only be held by 18
the owner of the water infrastructure to which the 19
licence applies or the parent company of a 20
subsidiary company that is the owner that holds 21
the infrastructure. 22
177 What is a distribution operations licence 23
(1) A distribution operations licence authorises its 24
holder to take water or interfere with the flow of 25
water to distribute water under water allocations. 26
(2) A distribution operations licence can be held only 27
by-- 28
(a) the water infrastructure owner; or 29
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(b) if the water infrastructure owner is a 1
subsidiary company, the parent company of 2
the subsidiary; or 3
(c) an entity (the approved nominee) 4
nominated by the water infrastructure owner 5
and approved under section 178 to be the 6
holder of the licence. 7
(3) Subsection (2)(c) applies whether the approved 8
nominee was nominated or approved under 9
section 178 before or after-- 10
(a) the entity that is the water infrastructure 11
owner became the water infrastructure 12
owner; or 13
(b) the licence started to apply to the water 14
infrastructure. 15
178 Nomination and approval of entity as 16
distribution operations licence holder 17
(1) This section applies if any of the following 18
entities (each a nominator) gives the chief 19
executive a notice in the approved form 20
nominating an entity (a nominee) to be the holder 21
of a distribution operations licence-- 22
(a) the water infrastructure owner; 23
(b) if a water authority is, or is to be, dissolved 24
and converted under chapter 4, part 7, to 1 or 25
more entities that are alternative institutional 26
structures--the entity in whom is vested, on 27
the changeover day, the water infrastructure 28
to which the licence is to apply; 29
(c) if the nominee is applying for the licence 30
under section 181 and paragraph (b) does 31
not apply--the entity that is to be the owner 32
of the water infrastructure to which the 33
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licence is to apply if and from when the 1
licence is granted; 2
(d) if an application has been made to transfer 3
the licence to the nominee under section 187 4
and paragraph (b) does not apply--the 5
entity that is to be the owner of the water 6
infrastructure to which the licence is to 7
apply if and from when the licence is 8
transferred. 9
(2) The chief executive may approve the nominee to 10
be the holder of the licence only if-- 11
(a) the chief executive is satisfied the 12
nominee-- 13
(i) is a suitable entity to hold the licence; 14
and 15
(ii) can carry out the activities authorised, 16
or to be authorised, under the licence; 17
and 18
(iii) can comply with the conditions, or 19
proposed conditions, of the licence; 20
and 21
(b) at least 1 of the following applies-- 22
(i) the nominator holds the licence and has 23
carried out the activities authorised 24
under the licence in compliance with 25
the conditions of the licence; 26
(ii) the chief executive is satisfied 27
paragraph (a)(i), (ii) and (iii) applies to 28
the nominator; 29
(iii) the chief executive is satisfied that, if 30
the nominee were to cease to be the 31
licence holder, the nominator could 32
within a reasonable period nominate 33
another nominee to hold the licence. 34
(3) However-- 35
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(a) the approval of the nominee of a nominator 1
mentioned in subsection (1)(c) ends if the 2
application to grant the licence is refused; 3
and 4
(b) the approval of the nominee of a nominator 5
mentioned in subsection (1)(d) ends if the 6
application to transfer the licence lapses or 7
is refused. 8
(4) In this section-- 9
changeover day, for dissolution of a water 10
authority, means the day the water authority is 11
dissolved under chapter 4, part 7, division 1. 12
179 Content of a resource operations licence or 13
distribution operations licence 14
A resource operations licence or distribution 15
operations licence must state-- 16
(a) the name of the licence holder; and 17
(b) any water plan to which the licence relates; 18
and 19
(c) the principal water infrastructure to which 20
the licence relates; and 21
(d) if applicable, the authority to use 22
watercourses to distribute water; and 23
(e) the conditions applying to the licence which 24
may include-- 25
(i) a requirement to have and comply with 26
an approved operations manual; and 27
(ii) the full supply level for the relevant 28
infrastructure; and 29
(iii) water sharing and other operational 30
rules; and 31
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(iv) monitoring and reporting requirements; 1
and 2
(v) a requirement to pay fees prescribed by 3
regulation; and 4
(vi) other conditions the chief executive 5
considers appropriate. 6
Subdivision 2 Granting or amending 7
resource operations 8
licence or distribution 9
operations licence 10
180 Chief executive may grant a resource 11
operations licence or distribution operations 12
licence without application 13
The chief executive may grant a resource operations 14
licence or distribution operations licence without 15
application-- 16
(a) to either of the following named in a water 17
plan-- 18
(i) for a resource operations licence--an 19
entity mentioned in section 176(2); 20
(ii) for a distribution operations 21
licence--an entity mentioned in 22
section 177(2); or 23
(b) to implement a water development option 24
under section 92. 25
181 Application for resource operations licence or 26
distribution operations licence 27
(1) An entity mentioned in section 176(2) may apply 28
for a resource operations licence for existing or 29
proposed water infrastructure. 30
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(2) An entity mentioned in section 177(2) may apply 1
for a distribution operations licence for existing 2
or proposed water infrastructure. 3
(3) The application for either licence must-- 4
(a) be made to the chief executive in the 5
approved form; and 6
(b) include details of the existing or proposed 7
infrastructure and arrangements for 8
operating the infrastructure; and 9
(c) state the impact on flows of the existing or 10
proposed infrastructure and arrangements 11
for the mitigation of the impact; and 12
(d) be accompanied by-- 13
(i) the fee prescribed by regulation; and 14
(ii) if the application is not by the owner of 15
the infrastructure--the owner's written 16
consent. 17
182 Deciding application for resource operations 18
licence or distribution operations licence 19
(1) In deciding whether to grant the application for a 20
resource operations licence or distribution 21
operations licence, the chief executive-- 22
(a) must consider the application; and 23
(b) may consider whether the applicant has 24
been convicted of an offence against this 25
Act, the repealed Act or an interstate law. 26
(2) The chief executive may grant the application, 27
with or without conditions, if the chief executive 28
is satisfied the application-- 29
(a) advances the responsible and productive 30
management of Queensland's water; and 31
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(b) if the application relates to water managed 1
under a water plan-- 2
(i) is consistent with the water plan 3
outcomes and the measures that 4
contribute to achieving them stated in 5
the plan; and 6
(ii) achieves any objectives stated in the 7
plan, including the water allocation 8
security objective and the 9
environmental flow objectives. 10
(3) If the chief executive is not satisfied the 11
application should be granted, the chief executive 12
must refuse to grant the application. 13
(4) Within 30 business days after deciding the 14
application, the chief executive must give the 15
applicant-- 16
(a) an information notice about the decision; 17
and 18
(b) if the chief executive has decided to grant 19
the licence--a resource operations licence 20
or a distribution operations licence. 21
(5) If a licence is granted under this section, the 22
licence takes effect from the day the applicant is 23
given the information notice. 24
(6) Subsections (1) and (2) do not limit the matters 25
the chief executive may consider in deciding 26
whether to grant the application. 27
183 Chief executive must amend a resource 28
operations licence or distribution operations 29
licence for consistency with water plan 30
(1) This section applies if the resource operations 31
licence or distribution operations licence is 32
inconsistent with the water plan outcomes, 33
measures or objectives of the water plan. 34
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(2) The chief executive must amend the licence to 1
the extent necessary to be consistent with water 2
plan outcomes, measures or objectives of the 3
plan. 4
(3) However, the chief executive must consult with 5
the holder of the licence before amending the 6
licence. 7
(4) The chief executive must, within 30 business 8
days, give the holder of the licence notice of the 9
amendment and a copy of the amended licence. 10
184 Holder may apply to amend resource 11
operations licence or distribution operations 12
licence 13
(1) The holder of a resource operations licence or 14
distribution operations licence may apply to 15
amend the licence. 16
(2) The application must-- 17
(a) be made to the chief executive in the 18
approved form; and 19
(b) provide details of the amendment; and 20
(c) state the impact of the proposed 21
amendment; and 22
(d) be accompanied by-- 23
(i) the fee prescribed by regulation; and 24
(ii) if the application is not by the owner of 25
the infrastructure--the owner's written 26
consent. 27
(3) The chief executive may approve the amendment 28
if the chief executive is satisfied-- 29
(a) if the licence is for water managed under a 30
water plan--the amendment is consistent 31
with the water plan outcomes, measures or 32
objectives of the plan; and 33
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(b) the impact of the amendment can be 1
satisfactorily mitigated. 2
185 Chief executive may amend resource 3
operations licence or distribution operations 4
licence in an emergency 5
(1) The chief executive may amend a resource 6
operations licence or distribution operations 7
licence if the chief executive is satisfied this is 8
necessary-- 9
(a) to deal with a shortage of water for essential 10
services or town water supply; or 11
(b) because there is a risk to public safety. 12
(2) The chief executive must give the holder of the 13
licence notice of the amendment. 14
186 Minor, stated or agreed amendments of 15
resource operations licence or distribution 16
operations licence 17
The chief executive may amend a resource 18
operations licence or distribution operations 19
licence without complying with the provisions of 20
this subdivision about amending the licence if the 21
licence holder agrees to the amendment and the 22
amendment is-- 23
(a) of a type stated on the licence and the chief 24
executive reasonably believes the 25
amendment will not adversely affect the 26
rights of the water entitlement holders or 27
natural ecosystems; or 28
(b) to correct a minor error on the licence, or 29
make another change that is not a change of 30
substance. 31
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Subdivision 3 Transferring, 1
amalgamating and 2
cancelling resource 3
operations licences or 4
distribution operations 5
licences 6
187 Applying for transfer of licence 7
(1) The holder of a resource operations licence or a 8
distribution operations licence may apply to the 9
chief executive to transfer all or part of the 10
licence to another entity (the transferee) that can 11
hold the licence. 12
(2) If a distribution operations licence is held by the 13
approved nominee of the water infrastructure 14
owner (the current infrastructure owner), the 15
current infrastructure owner may also apply, with 16
or without the consent of the approved nominee, 17
to transfer all or a part of the licence to the 18
transferee. 19
(3) The application must be-- 20
(a) made to the chief executive in the approved 21
form; and 22
(b) supported by sufficient information to 23
enable the chief executive to decide the 24
application; and 25
(c) accompanied by-- 26
(i) the fee prescribed by regulation; and 27
(ii) if the application is by the approved 28
nominee--the current infrastructure 29
owner's written consent to the transfer. 30
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188 Additional requirements for transfer of 1
distribution operations licence to nominee 2
(1) This section applies to an application to transfer 3
all or part of a distribution operations licence if-- 4
(a) the transferee is the nominee of the current 5
infrastructure owner; or 6
(b) the current infrastructure owner is 7
transferring ownership of the water 8
infrastructure to which the licence or part 9
applies to another entity (the incoming 10
owner) and the transferee for the licence or 11
part is the nominee of the incoming owner. 12
(2) The application must be-- 13
(a) accompanied by the written consent of-- 14
(i) the current infrastructure owner, unless 15
the owner is the applicant; and 16
(ii) if subsection (1)(b) applies--the 17
incoming owner; and 18
(b) supported by sufficient information to 19
enable the chief executive to decide whether 20
or not to approve the nominee under section 21
178. 22
189 Additional information may be required 23
(1) The chief executive may require all or any of the 24
following to give additional information about 25
the application within a stated reasonable 26
period-- 27
(a) the holder of the resource operations licence 28
or a distribution operations licence; 29
(b) the transferee; 30
(c) for an application to transfer all or part of a 31
distribution operations licence, if relevant-- 32
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(i) the current infrastructure owner; or 1
(ii) the incoming owner. 2
(2) The chief executive may require information in 3
the application, or any additional information 4
required under subsection (1), to be verified by 5
statutory declaration. 6
(3) If an entity of whom a requirement is made under 7
subsection (1) or (2) fails, without reasonable 8
excuse, to comply with the requirement within 9
the reasonable period stated in the requirement, 10
the application lapses. 11
190 Deciding application to transfer licence 12
The chief executive must decide the application within 13
30 business days after-- 14
(a) if the chief executive does not request 15
further information about the application 16
under section 189--the day the chief 17
executive received the application; or 18
(b) if the chief executive requests further 19
information about the application under 20
section 189--the day the chief executive 21
receives the information. 22
191 Approving application to transfer licence 23
(1) If the chief executive decides to approve the 24
application, the chief executive must, within 30 25
business days after making the decision (the 26
notice period)-- 27
(a) give the applicant and transferee notice of 28
the decision, including the reasons for the 29
decision; and 30
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(b) subject to subsection (3), cancel the existing 1
licence and give a new licence to the 2
transferee. 3
(2) If the application was for the transfer of all or 4
part of a distribution operations licence, the chief 5
executive must also, within the notice period, 6
give notice of the decision to-- 7
(a) the current infrastructure owner, unless the 8
owner was the applicant; and 9
(b) if the transferee is the nominee of the 10
incoming owner--the incoming owner. 11
(3) If the application was not to transfer all of a 12
licence, the chief executive must, within the 13
notice period, give the holder of the part (the 14
remaining part) of the licence that was not 15
transferred an amended licence for the remaining 16
part. 17
(4) The new licence takes effect from the day the 18
notice is given under subsection (1)(a). 19
192 Refusing application to transfer licence 20
(1) The chief executive may refuse the application if 21
the chief executive is satisfied the transferee does 22
not have the necessary expertise or experience to 23
be a licence holder or is not a suitable person to 24
hold the licence, including, for example-- 25
(a) because the transferee has been convicted of 26
an offence against this Act or an interstate 27
law or has held 1 of the following licences 28
(each a relevant licence) that has been 29
cancelled or suspended under this Act or an 30
interstate law-- 31
(i) a resource operations licence; 32
(ii) an interstate resource operations 33
licence; 34
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(iii) a distribution operations licence; 1
(iv) an interstate distribution operations 2
licence; or 3
(b) if the transferee is a corporation--because 4
an executive officer of the corporation-- 5
(i) has been convicted of an offence 6
against this Act or an interstate law, or 7
has held a relevant licence that has 8
been cancelled or suspended under this 9
Act or an interstate law; or 10
(ii) is or has been an executive officer of 11
another corporation that has been 12
convicted of an offence against this Act 13
or an interstate law, or has held a 14
relevant licence that has been cancelled 15
or suspended under this Act or an 16
interstate law. 17
(2) The chief executive may also refuse the 18
application on grounds not mentioned in 19
subsection (1). 20
(3) If the chief executive decides to refuse the 21
application, the chief executive must give the 22
applicant an information notice about the 23
decision within 30 business days after making the 24
decision. 25
(4) In this section-- 26
this Act includes the repealed Acts. 27
193 Amalgamating licences 28
(1) The holder of a resource operations licence may 29
apply to the chief executive to amalgamate, into a 30
single licence, the resource operations licence 31
with another resource operations licence in the 32
same water supply scheme. 33
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(2) The holder of a distribution operations licence 1
may apply to the chief executive to amalgamate, 2
into a single licence, the distribution operations 3
licence with another distribution operations 4
licence in the same water supply scheme. 5
(3) An application under subsection (1) or (2) must 6
be-- 7
(a) in the approved form; and 8
(b) accompanied by the written consent of the 9
holder of the other licence; and 10
(c) supported by sufficient information to 11
enable the chief executive to amalgamate 12
the licences; and 13
(d) accompanied by the fee prescribed by 14
regulation. 15
(4) If an application under subsection (2) relates to a 16
distribution operations licence held by the 17
approved nominee of the water infrastructure 18
owner, the application must also be accompanied 19
by the owner's written consent to the 20
amalgamation. 21
(5) The chief executive must grant the application. 22
(6) Within 30 business days after granting the 23
application, the chief executive must-- 24
(a) give notice of the amalgamation to-- 25
(i) the applicant; and 26
(ii) the holder of the other licence; and 27
(iii) if the amalgamation relates to a 28
distribution operations licence 29
mentioned in subsection (4)--the water 30
infrastructure owner; and 31
(b) cancel the existing licences and give a new 32
licence to the applicant. 33
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(7) The new licence takes effect from the day the 1
notice is given. 2
194 Cancelling licence 3
(1) The chief executive may cancel a resource 4
operations licence or a distribution operations 5
licence on the following grounds-- 6
(a) the licence holder has not complied with a 7
condition of the licence or a requirement of 8
the holder under this Act; 9
(b) either of the following has been convicted of 10
an offence against this Act-- 11
(i) the licence holder; 12
(ii) for a distribution operations licence 13
held by the approved nominee of the 14
water infrastructure owner--the owner; 15
(c) the licence was granted because of a 16
materially false or misleading representation 17
or declaration made, either orally or in 18
writing, by-- 19
(i) the licence holder; or 20
(ii) for a licence mentioned in paragraph 21
(b)(ii)--the owner; 22
(d) for a licence mentioned in paragraph 23
(b)(ii)-- 24
(i) an application to transfer all or part of 25
the licence has lapsed because the 26
approved nominee has not complied 27
with a requirement under section 189; 28
and 29
(ii) the water infrastructure owner has 30
requested cancellation of the licence. 31
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(2) Subsection (1)(a) does not apply if the holder has 1
been convicted under section 813 for the 2
noncompliance. 3
195 Procedure for cancelling licence 4
(1) If the chief executive is satisfied a ground exists 5
under section 194 to cancel the licence, the chief 6
executive must-- 7
(a) give a show cause notice about the proposed 8
cancellation to the licence holder; and 9
(b) for a distribution operations licence held by 10
the approved nominee of the water 11
infrastructure owner--give a copy of the 12
notice to the water infrastructure owner. 13
(2) If, after considering any properly made 14
submission about the proposed cancellation, the 15
chief executive is still satisfied the licence should 16
be cancelled, the chief executive may cancel the 17
licence. 18
Note-- 19
For appointment of administrator following cancellation 20
of licence, see section 955. 21
(3) If the chief executive decides to cancel the 22
licence, the chief executive must, within 10 23
business days after making the decision, give an 24
information notice about the decision to-- 25
(a) the licence holder; and 26
(b) for a licence mentioned in subsection 27
(1)(b)--the water infrastructure owner. 28
(4) The decision takes effect on the later of-- 29
(a) if the applicant does not appeal against the 30
decision--the day the period for appeals 31
ends; or 32
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(b) if the applicant appeals against the decision 1
but withdraws the appeal--the day the 2
appeal is withdrawn; or 3
(c) if the applicant appeals against the decision 4
and the appeal is dismissed--the day the 5
appeal is decided. 6
(5) However, if the licence is cancelled because of 7
the conviction of a person for an offence-- 8
(a) the cancellation does not take effect until the 9
later of-- 10
(i) the day the period for appeals against 11
the conviction ends; or 12
(ii) if the appeal is made against the 13
conviction--the day the appeal is 14
finally decided; and 15
(b) the cancellation has no effect if the 16
conviction is quashed on appeal. 17
196 Cancelling licence no longer required 18
(1) The chief executive may cancel a resource 19
operations licence if-- 20
(a) another resource operations licence has been 21
granted to replace the licence to be 22
cancelled; or 23
(b) the chief executive and the resource 24
operations licence holder have agreed the 25
resource operations licence is no longer 26
required. 27
(2) The chief executive may cancel a distribution 28
operations licence if-- 29
(a) another distribution operations licence has 30
been granted to replace the licence to be 31
cancelled; or 32
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(b) the chief executive and the distribution 1
operations licence holder have agreed the 2
distribution operations licence is no longer 3
required. 4
(3) If the chief executive decides to cancel a licence 5
under subsection (1) or (2), the chief executive 6
must, within 30 business days after making the 7
decision, give an information notice about the 8
decision to-- 9
(a) the licence holder; and 10
(b) for a distribution operations licence held by 11
the approved nominee of the water 12
infrastructure owner--the owner. 13
(4) The cancellation takes effect from the day the 14
chief executive gives the licence holder the 15
information notice. 16
Subdivision 4 Operations manuals 17
197 Requirement to have an operations manual 18
(1) This section applies if a condition on a resource 19
operations licence or distribution operations 20
licence requires the holder of the licence to have 21
a manual dealing with matters stated in the 22
condition (an operations manual). 23
(2) The holder must-- 24
(a) prepare the operations manual; and 25
(b) submit it to the chief executive for approval 26
together with sufficient information to 27
enable the chief executive to decide whether 28
the manual should be approved having 29
regard to the matters mentioned in section 30
198(1). 31
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198 Approval of operations manual 1
(1) The chief executive may approve the operations 2
manual only if the manual-- 3
(a) is consistent with the water plan outcomes 4
and measures; and 5
(b) achieves any objectives stated in the water 6
plan, including the water allocation security 7
objective and the environmental flow 8
objectives; and 9
(c) is developed with adequate consultation 10
with persons affected by the operations 11
manual as it relates to the resource 12
operations licence or distribution operations 13
licence. 14
(2) The chief executive must give the holder of the 15
licence notice of the approval, including the date 16
the approval takes effect. 17
(3) The holder of the licence must publish the 18
approved operations manual on the holder's 19
website. 20
199 Resolving disputes about approval of 21
operations manual 22
(1) This section applies if the chief executive refuses 23
to approve all or part of the operations manual for 24
a resource operations licence or distribution 25
operations licence. 26
(2) The chief executive must advise the holder of the 27
licence of the matters that have not been 28
approved. 29
(3) The holder of the licence may apply in writing to 30
the chief executive to have those matters referred 31
to a referral panel. 32
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(4) If an application is made under subsection (3), 1
the chief executive must refer the matters to a 2
referral panel. 3
(5) The panel must review the matters and make 4
recommendations to the chief executive within 5
30 business days after receiving the collated 6
information. 7
(6) In deciding whether to approve the operations 8
manual the chief executive must consider the 9
referral panel's recommendations. 10
(7) The chief executive may-- 11
(a) approve the operations manual; or 12
(b) approve the manual with the amendments 13
the chief executive considers appropriate. 14
(8) The chief executive must give the holder of the 15
licence notice of the approval, including the date 16
the approval takes effect. 17
200 Application to amend or replace operations 18
manual 19
(1) The holder of a resource operations licence or 20
distribution operations licence may apply to the 21
chief executive to amend or replace an operations 22
manual. 23
(2) The provisions of this division applying to the 24
approval and publication of an operations manual 25
apply-- 26
(a) as if a reference to the approval of the 27
manual were a reference to its amendment; 28
and 29
(b) with any necessary changes. 30
(3) Subsections (4) and (5) apply if the amendment 31
or replacement of an operations manual requires 32
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an amendment of the relevant resource operations 1
licence or distribution operations licence. 2
(4) The holder of the relevant licence must apply to 3
amend the licence under section 184 before, or at 4
the same time as, the holder applies to amend or 5
replace the operations manual under this section. 6
(5) The chief executive must decide the application 7
under section 184 before deciding the application 8
under this section. 9
(6) If the holder of the licence amends or replaces an 10
operations manual, the holder must publish a 11
statement of changes made to the manual. 12
201 Operations manual must remain consistent 13
with water plan, resource operations licence 14
and distribution operations licence 15
(1) This section applies if an operations manual for a 16
resource operations licence or distribution 17
operations licence becomes inconsistent with the 18
water plan outcomes, measures and objectives 19
mentioned in section 198(1)(a) and (b). 20
(2) The holder of the licence to which the operations 21
manual applies must apply to the chief executive 22
in writing to amend the manual. 23
(3) However, if the holder does not apply, the chief 24
executive may direct the holder to review the 25
operations manual to address the inconsistency. 26
(4) If the chief executive directs the holder to review 27
the operations manual under subsection (3), the 28
holder must review the manual as required by the 29
chief executive and apply to the chief executive 30
in writing to amend it. 31
(5) The provisions of this division applying to the 32
approval and publication of an operations manual 33
apply-- 34
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(a) as if a reference to the approval of the 1
manual were a reference to its amendment; 2
and 3
(b) with any necessary changes. 4
(6) This section applies if an operations manual is 5
inconsistent with a resource operations licence or 6
distribution operations licence. 7
(7) The provisions of the licence prevail to the extent 8
of the inconsistency. 9
Subdivision 5 Audit reports 10
202 Preparing regular audit reports 11
The chief executive may prepare an audit 12
report-- 13
(a) about a resource operation licence holder's 14
or a distribution operations licence holder's 15
compliance with the licence; and 16
(b) to verify the accuracy of monitoring and 17
reporting information given to the chief 18
executive by the holder. 19
203 Access for conducting a relevant audit 20
(1) This section applies to the following entities-- 21
(a) the holder of a resource operations licence; 22
(b) the holder of a distribution operations 23
licence; 24
(c) if a distribution operations licence is held by 25
the approved nominee of the water 26
infrastructure owner--the owner. 27
(2) The entity must give an authorised person free 28
and uninterrupted access to the water 29
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infrastructure to which the licence applies and 1
any records relating to the water infrastructure 2
for conducting a relevant audit. 3
Maximum penalty--200 penalty units. 4
(3) In this section-- 5
authorised person means a person authorised by 6
the chief executive to participate in conducting a 7
relevant audit. 8
relevant audit means an audit for preparing an 9
audit report under section 202. 10
Division 6 Operations licences 11
Subdivision 1 Preliminary 12
204 Purpose of div 6 13
(1) Under this division, the chief executive may 14
grant an operations licence for a single operation 15
for taking water by a person as an agent for 2 or 16
more water entitlement holders. 17
(2) An operations licence-- 18
(a) must state the water entitlements to which 19
the licence relates; and 20
(b) must state the volumes, rates and times 21
when the water may be taken; and 22
(c) may be transferred, amended, suspended or 23
cancelled. 24
205 Application of div 6 25
This division applies to water entitlements not 26
managed under a resource operations licence. 27
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Subdivision 2 Granting operations 1
licences 2
206 Applying for operations licence 3
(1) A person may apply for an operations licence. 4
(2) The application must be-- 5
(a) made to the chief executive in the approved 6
form; and 7
(b) accompanied by the written consent of the 8
relevant water entitlement holders; and 9
(c) supported by sufficient information to 10
enable the chief executive to decide the 11
application; and 12
(d) accompanied by the fee prescribed by 13
regulation. 14
207 Additional information may be required 15
The chief executive may require-- 16
(a) the applicant to give additional information 17
about the application; or 18
(b) any information included in the application, 19
or any additional information required under 20
paragraph (a), to be verified by statutory 21
declaration. 22
208 Criteria for deciding application for operations 23
licence 24
In deciding whether to grant or refuse the application 25
or what should be the conditions of the operations 26
licence, the chief executive-- 27
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(a) must consider the application and any 1
additional information given in relation to 2
the application; and 3
(b) may consider whether the applicant has 4
been convicted of an offence against this 5
Act, the repealed Act or an interstate law. 6
209 Deciding application for operations licence 7
(1) If the chief executive is satisfied the application 8
should be granted, or granted in part, the chief 9
executive must grant all or part of the application, 10
with or without conditions. 11
(2) If the chief executive is not satisfied the 12
application should be granted, the chief executive 13
must refuse the application. 14
(3) Within 30 business days after deciding the 15
application, the chief executive must-- 16
(a) give the applicant an information notice 17
about the decision; and 18
(b) give the relevant water entitlement holders 19
notice of the decision. 20
(4) If the chief executive grants all or part of the 21
application, with or without conditions, the chief 22
executive must, within 30 business days after 23
granting the application-- 24
(a) give the applicant an operations licence in 25
the approved form; and 26
(b) give the relevant water entitlement holders 27
notice that the application was granted and 28
that the holder must not take water under the 29
entitlement. 30
(5) If the operations licence is granted, the licence 31
has effect from the day the information notice is 32
given to the applicant. 33
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(6) From the day the operations licence has effect, a 1
holder of a water entitlement mentioned in the 2
licence must not take water under the 3
entitlement. 4
210 Conditions of operations licence 5
(1) The operations licence is subject to the 6
conditions-- 7
(a) prescribed by regulation; and 8
(b) the chief executive may impose for a 9
particular licence. 10
(2) Without limiting subsection (1), the conditions 11
may require the licensee to do the following-- 12
(a) install a measuring device to measure the 13
volume of water taken, the rate at which it is 14
taken and the time it is taken; 15
(b) give relevant information reasonably 16
required by the chief executive for the 17
administration or enforcement of this Act. 18
Subdivision 3 Dealings with operations 19
licences 20
211 Amending operations licences on application 21
of licensee 22
(1) The licensee may apply to amend an operations 23
licence. 24
(2) The application to amend the licence must be 25
dealt with under sections 206 to 210 as if it were 26
an application for a licence. 27
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212 Giving show cause notice about proposed 1
amendment of operations licence 2
(1) The chief executive may amend an operations 3
licence if the chief executive is satisfied the 4
licence should be amended. 5
(2) Before the chief executive acts under subsection 6
(1), the chief executive must give the licensee a 7
show cause notice about the proposed 8
amendment. 9
(3) In deciding whether to amend the licence, the 10
chief executive must consider any properly made 11
submission about the proposed amendment. 12
(4) If the chief executive is satisfied the proposed 13
amendment should be made, the chief executive 14
must, within 30 business days after the decision, 15
give the licensee an amended licence in the 16
approved form and an information notice about 17
the decision. 18
(5) If the chief executive is not satisfied the 19
amendment should be made, the chief executive 20
must give the licensee notice that the licence will 21
not be amended. 22
(6) The amended licence takes effect from the day 23
the information notice is given to the licensee. 24
213 When chief executive must amend operations 25
licence 26
(1) Subsection (2) applies if-- 27
(a) a water entitlement holder gives the chief 28
executive notice in the approved form that 29
the holder no longer wishes the holder's 30
water to be taken under the operations 31
licence; or 32
(b) a water entitlement holder ceases to be a 33
water entitlement holder. 34
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(2) The chief executive must-- 1
(a) amend the operations licence; and 2
(b) give the licensee a copy of the notice 3
received under subsection (1)(a) and an 4
amended licence in the approved form; and 5
(c) advise the water entitlement holder of the 6
action taken. 7
(3) The amended licence takes effect from the day 8
stated in the amended licence. 9
(4) Unless the licensee otherwise consents, the day 10
stated in the amended licence must not be earlier 11
than 5 business days after the day the chief 12
executive gives the licensee an amended licence. 13
(5) If subsection (2) applies because of subsection 14
(1)(b), the amendment may, with the consent of 15
the new water entitlement holder and the 16
licensee, include the new holder instead of the 17
previous holder. 18
214 Minor amendment of operations licence 19
(1) The chief executive may amend the operations 20
licence without complying with the provisions of 21
this division about amending a licence if the 22
amendment is only to correct a minor error in the 23
licence, or make another change that is not a 24
change of substance. 25
(2) If the chief executive amends an operations 26
licence under subsection (1), the chief executive 27
must give the licensee an amended licence in the 28
approved form. 29
215 Transferring operations licence 30
(1) The licensee may apply to transfer the operations 31
licence. 32
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(2) The application must be-- 1
(a) made to the chief executive in the approved 2
form; and 3
(b) accompanied by the fee prescribed by 4
regulation. 5
(3) Within 30 business days after receiving the 6
application, the chief executive must give the 7
transferee a new licence on conditions that have 8
the same effect as the licence being transferred, 9
other than for the change of name of the licensee. 10
216 Surrendering operations licence 11
(1) A licensee may surrender an operations licence 12
by giving the chief executive a notice of 13
surrender. 14
(2) The surrender-- 15
(a) takes effect on the date on which the 16
surrender notice is received by the chief 17
executive; and 18
(b) does not affect in any way a duty under this 19
Act about works imposed on the licensee 20
before the surrender. 21
217 Cancelling operations licence 22
(1) The chief executive may cancel an operations 23
licence if the chief executive is satisfied the 24
licence should be cancelled. 25
(2) Section 212 applies to the cancellation-- 26
(a) as if a reference in the section to an 27
amendment of the licence were a reference 28
to the cancellation of the licence; and 29
(b) with any other necessary changes. 30
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Part 4 Riverine protection 1
Division 1 Granting permits for 2
excavating or placing fill in 3
a watercourse, lake or 4
spring 5
218 Applying for permit to excavate or place fill in 6
a watercourse, lake or spring 7
(1) A person may apply to the chief executive for a 8
permit (a riverine protection permit) to do either 9
or both of the following activities-- 10
(a) excavate in a watercourse, lake or spring; 11
(b) place fill in a watercourse, lake or spring. 12
(2) Subsection (3) applies if the applicant is neither 13
of the following in relation to land that wholly 14
contains the watercourse, lake or spring or the 15
part of the watercourse, lake or spring where the 16
activity is to take place-- 17
(a) the registered owner of the land; 18
(b) the holder of a mineral development licence 19
or a mining lease under the Mineral 20
Resources Act for the land. 21
(3) The application must include the written consent 22
of the registered owners of land-- 23
(a) wholly containing the length of the 24
watercourse in which the activity is to take 25
place or the part of the lake or spring where 26
the activity is to take place; or 27
(b) adjoining the watercourse, lake or spring 28
where the activity is to take place. 29
(4) The application must-- 30
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(a) be made to the chief executive in the 1
approved form; and 2
(b) state the proposed activity and the purpose 3
of the activity; and 4
(c) be accompanied by the fee prescribed by 5
regulation. 6
219 Additional information may be required 7
(1) The chief executive may require-- 8
(a) the applicant to give additional information 9
about the application, including, for 10
example, a statement of environmental 11
effects; or 12
(b) any information included in the application, 13
or any additional information required under 14
paragraph (a), to be verified by statutory 15
declaration. 16
(2) If the applicant fails, without reasonable excuse, 17
to comply with the requirement within the 18
reasonable time stated in the requirement, the 19
application lapses. 20
220 Criteria for deciding application 21
In deciding whether to grant or refuse the application 22
or what should be the conditions of the riverine 23
protection permit, the chief executive must consider 24
all of the following-- 25
(a) the effects of the proposed activity on water 26
quality; 27
(b) the quantity and type of material to be 28
excavated or placed; 29
(c) the seasonal factors influencing the 30
watercourse, lake or spring from time to 31
time; 32
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(d) the quantity and type of vegetation that 1
would be destroyed as a necessary and 2
unavoidable part of the proposed excavation 3
or placing of fill (affected vegetation); 4
(e) the position in the watercourse, lake or 5
spring of the proposed excavation or placing 6
of fill and any affected vegetation; 7
(f) the reasons given by the applicant for 8
wishing to carry out the activity; 9
(g) whether, and to what extent, the activity that 10
the permit would allow may have an adverse 11
effect on the physical integrity of the 12
watercourse, lake or spring; 13
(h) if the application relates to a wild river high 14
preservation area, a wild river special 15
floodplain management area or a nominated 16
waterway in a wild river preservation 17
area--the wild river declaration for the area, 18
including any code, for the proposed 19
activities, mentioned in the declaration; 20
(i) the implications of granting the permit for 21
the long-term sustainable use of the river 22
systems of Australia, and especially the 23
cumulative effect of granting the application 24
and likely similar applications; 25
(j) any other matters the chief executive 26
considers to be relevant. 27
221 Deciding application 28
(1) If the chief executive is satisfied the application 29
should be granted, or granted in part, the chief 30
executive must issue a riverine protection permit, 31
with or without conditions. 32
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(2) If the chief executive is not satisfied the 1
application should be granted, the chief executive 2
must refuse the application. 3
(3) Within 30 business days after deciding the 4
application, the chief executive must give the 5
applicant an information notice about the 6
decision. 7
(4) If the chief executive grants all or part of the 8
application, with or without conditions, the chief 9
executive must, within 30 business days after 10
granting the application, give the applicant a 11
riverine protection permit in the approved form. 12
(5) The riverine protection permit-- 13
(a) has effect from the day the applicant is given 14
the permit; and 15
(b) must state how long it is to stay in force. 16
Division 2 Dealings with riverine 17
protection permits 18
222 Amending conditions or cancelling permit 19
(1) The chief executive may amend the conditions 20
of, or cancel, a riverine protection permit if-- 21
(a) the conditions of the permit are not being 22
complied with or have been contravened; or 23
(b) it becomes evident that any adverse effect of 24
the permitted activity on the physical 25
integrity of the watercourse, lake or spring is 26
greater than was anticipated when the 27
permit was issued. 28
(2) Before amending or cancelling the riverine 29
protection permit, the chief executive must give 30
the permittee a show cause notice inviting the 31
permittee to show cause, within the reasonable 32
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time stated in the notice, why the permit should 1
not be amended or cancelled. 2
223 Deciding whether to proceed with proposed 3
cancellation or amendment 4
(1) In deciding whether to cancel or amend the 5
riverine protection permit, the chief executive 6
must consider any properly made submission 7
about the proposed cancellation or amendment. 8
(2) If the chief executive is satisfied the riverine 9
protection permit should be amended or 10
cancelled, the chief executive must give the 11
permittee-- 12
(a) an information notice about the decision to 13
amend or cancel the permit; and 14
(b) if the permit is amended--an amended 15
permit in the approved form. 16
(3) If the chief executive is not satisfied the riverine 17
protection permit should be amended or 18
cancelled, the chief executive must give the 19
permittee notice that the permit will not be 20
amended or cancelled. 21
(4) If the riverine protection permit is cancelled or 22
amended, the amendment or cancellation takes 23
effect from the day the permittee is given the 24
information notice. 25
224 Immediate suspension of riverine protection 26
permit in exceptional circumstances 27
(1) In addition to giving the permittee a show cause 28
notice about the amendment or cancellation of 29
the riverine protection permit, the chief executive 30
may give the permittee an information notice that 31
immediately suspends the permit. 32
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(2) The suspension has effect from the day the 1
permittee is given the notice. 2
(3) The notice may be given only if the chief 3
executive is satisfied exceptional circumstances 4
exist in relation to the riverine protection permit 5
to cause the chief executive reasonable concern 6
for the physical integrity of the watercourse, lake 7
or spring. 8
(4) The permittee must not act under the riverine 9
protection permit during the period the permit is 10
suspended, unless the permittee has a reasonable 11
excuse. 12
Maximum penalty--1665 penalty units. 13
(5) The notice has effect until-- 14
(a) the riverine protection permit is amended or 15
cancelled; or 16
(b) the chief executive gives the permittee 17
notice that the suspension has been 18
withdrawn. 19
(6) If the chief executive is satisfied the suspension 20
should not continue, the chief executive must 21
give the permittee notice that the suspension has 22
been withdrawn. 23
(7) If suspension of the riverine protection permit is 24
withdrawn, the withdrawal takes effect from the 25
day the permittee is given notice of the 26
withdrawal. 27
(8) After the suspension is withdrawn, the riverine 28
protection permit remains in effect only for the 29
period during which it would have been in effect 30
but for the suspension. 31
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Division 3 Notices 1
225 Notice to owner of land to remove vegetation 2
etc. 3
(1) This section applies if-- 4
(a) there is vegetation, litter, refuse or other 5
matter on any land; and 6
(b) it appears to the chief executive that-- 7
(i) the vegetation, litter, refuse or matter-- 8
(A) has obstructed, or may obstruct, 9
the flow of water in a watercourse, 10
lake or spring; or 11
(B) has had, or may have, a significant 12
adverse effect on the physical 13
integrity of a watercourse, lake or 14
spring; or 15
(C) has significantly affected, or may 16
significantly affect, the quality of 17
water in a watercourse, lake or 18
spring; and 19
(ii) action should be taken in relation to the 20
vegetation, litter, refuse or matter to 21
protect or restore the flow of water in 22
the watercourse, lake or spring, the 23
physical integrity of the watercourse, 24
lake or spring or the quality of water in 25
the watercourse, lake or spring. 26
(2) This section also applies if-- 27
(a) there is vegetation, litter, refuse or other 28
matter in a watercourse or lake; and 29
(b) the circumstances of the vegetation, litter, 30
refuse or matter in the watercourse or lake 31
correspond to the circumstances under 32
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subsection (1)(b) in relation to vegetation, 1
litter, refuse or matter; and 2
(c) the watercourse or lake is on land or forms a 3
boundary or part of a boundary of land. 4
(3) The chief executive may give notice to the owner 5
of the land requiring the owner to take the 6
reasonable action stated in the notice within the 7
reasonable time and in the way, if any, stated in 8
the notice. 9
(4) However, in relation to a watercourse forming a 10
boundary, or part of a boundary, of the owner's 11
land, the notice must not require the owner to 12
take action beyond the centre-line of the 13
watercourse. 14
(5) The owner must comply with the notice, unless 15
the owner has a reasonable excuse. 16
Maximum penalty--1665 penalty units. 17
(6) For sections 783 and 851, the notice is taken to 18
be a compliance notice. 19
(7) In this section-- 20
vegetation includes non-native vegetation of any 21
kind. 22
Part 5 Quarry materials 23
Division 1 Preliminary 24
226 Ownership and management of certain quarry 25
material 26
Despite the Forestry Act 1959-- 27
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(a) quarry material that is in the part of a 1
watercourse or lake that is the property of 2
the State, is the property of the State; and 3
Note-- 4
See the Land Act 1994, chapter 1, part 4, division 5
3 in relation to the ownership by the State of land 6
adjoining a non-tidal boundary (watercourse). 7
(b) all quarry material is under the control of the 8
chief executive. 9
Division 2 Granting and selling 10
allocations of quarry 11
material 12
227 Applying for allocation of quarry material 13
(1) Any person may apply for an allocation of quarry 14
material. 15
(2) The application must be-- 16
(a) made to the chief executive in the approved 17
form; and 18
(b) supported by sufficient information to 19
enable the chief executive to decide the 20
application; and 21
(c) accompanied by the fee prescribed by 22
regulation. 23
(3) However, if any part of the application relates to 24
a wild river area, the application is taken not to 25
have been made unless the quarry material for the 26
proposed allocation is to be used in the wild river 27
area. 28
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228 Additional information may be required 1
(1) For deciding the application, the chief executive 2
may require all or any of the following-- 3
(a) the applicant to give additional information 4
about the application; 5
(b) the applicant to pay to the chief executive 6
the reasonable amount decided by the chief 7
executive by way of contribution towards 8
the costs of research and investigations 9
necessary for deciding the application; 10
(c) any information included in the application, 11
or any additional information required under 12
paragraph (a), to be verified by statutory 13
declaration. 14
(2) If the applicant does not give the chief executive 15
the further information, documents or amount by 16
the reasonable date stated in the notice, the 17
application lapses. 18
229 Criteria for deciding application for allocation 19
of quarry material 20
(1) In deciding whether to grant or refuse the 21
application or what should be the conditions of 22
the allocation, the chief executive must consider 23
the impact the removal of the quarry material will 24
have on the long-term sustainable use of the 25
watercourse or lake, including the following-- 26
(a) the physical integrity of the watercourse or 27
lake, including bed and bank stability; 28
(b) the condition of the watercourse or lake, 29
including its ability to function naturally; 30
(c) the supply of sediments to estuaries and the 31
sea from the watercourse or lake; 32
(d) the quarry material available in the 33
watercourse or lake and any existing quarry 34
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Part 8 Amendment of Water Act 2000
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material allocations in relation to the 1
watercourse or lake. 2
(2) Also, if any part of the application relates to a 3
wild river area, the chief executive must, in 4
deciding whether to grant or refuse the 5
application or what should be the conditions of 6
the allocation, consider the wild river declaration 7
for the area. 8
(3) Subsections (1) and (2) do not stop the chief 9
executive from considering other matters 10
relevant to the removal of the quarry material. 11
(4) If any part of the application relates to a wild 12
river area, the chief executive must not grant the 13
application unless satisfied there is no other 14
suitable source of quarry material that is-- 15
(a) outside a watercourse; and 16
(b) within a reasonable distance from where the 17
quarry material will be used. 18
230 Deciding application for allocation of quarry 19
material 20
(1) If the chief executive is satisfied the application 21
should be granted, or granted in part, the chief 22
executive must grant the application, with or 23
without conditions. 24
(2) If the chief executive is not satisfied the 25
application should be granted, the chief executive 26
must refuse the application. 27
(3) Within 30 business days after deciding the 28
application, the chief executive must give the 29
applicant-- 30
(a) notice of the decision; and 31
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Water Reform and Other Legislation Amendment Bill 2014
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(b) if the chief executive grants all or part of the 1
application, with or without conditions--an 2
allocation notice in the approved form. 3
(4) The allocation notice-- 4
(a) has effect from the day stated in the notice; 5
and 6
(b) remains in force, unless sooner cancelled, 7
suspended or surrendered, for the period 8
decided by the chief executive of not more 9
than 5 years. 10
231 Selling allocation of State quarry material by 11
auction or tender 12
(1) The chief executive may sell by auction or tender 13
an allocation of State quarry material. 14
(2) In selling the allocation, the chief executive must 15
consider the impact the removal of the quarry 16
material will have on the long-term sustainable 17
use of the watercourse or lake, including the 18
matters mentioned in section 229. 19
(3) The chief executive must give the buyer an 20
allocation notice. 21
(4) Sections 232 to 234 apply to the allocation 22
notice. 23
Division 3 Content and conditions of 24
allocation notices 25
232 Content of allocation notices 26
Without limiting what may be included in an 27
allocation notice, the notice must state-- 28
(a) the quantity of quarry material for the 29
allocation; and 30
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Water Reform and Other Legislation Amendment Bill 2014
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(b) the maximum rate for extracting the quarry 1
material. 2
233 Conditions of allocation notices 3
An allocation notice is subject to-- 4
(a) the condition that the allocation holder give 5
to the chief executive, within 7 days after the 6
end of each month, a written return in the 7
approved form for all quarry material 8
removed by the holder in the month; and 9
(b) any other condition stated in the allocation 10
notice. 11
234 Financial assurance for allocation of quarry 12
material 13
(1) Without limiting section 233(b), the allocation of 14
quarry material may be subject to a condition that 15
the allocation holder give the chief executive 16
financial assurance in the form, and for the 17
reasonable amount, decided by the chief 18
executive. 19
(2) The financial assurance must continue in force 20
until all the conditions of the allocation notice are 21
complied with to the satisfaction of the chief 22
executive. 23
Division 4 Dealings with allocations 24
of quarry material 25
235 Transferring allocation of quarry material 26
(1) The allocation notice holder may apply to 27
transfer all or part of the allocation to another 28
person. 29
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
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(2) The application must be-- 1
(a) made to the chief executive in the approved 2
form; and 3
(b) supported by sufficient information to 4
enable the chief executive to decide the 5
application, including, for example, the 6
consent of the transferee to the transfer; and 7
(c) accompanied by the fee prescribed by 8
regulation. 9
(3) Within 30 business days after receiving the 10
application, the chief executive must-- 11
(a) if the transfer is for all the 12
allocation--approve the transfer; or 13
(b) if the transfer is for part of the allocation-- 14
(i) approve the transfer, as applied for, 15
with or without conditions; or 16
(ii) approve the transfer, as varied by the 17
chief executive, with or without 18
conditions; or 19
(iii) refuse the transfer. 20
(4) In making a decision under subsection (3)(b), the 21
chief executive must consider the impact the 22
transfer will have for the matters mentioned in 23
section 229. 24
(5) Within 30 business days after deciding the 25
application, the chief executive must-- 26
(a) give the applicant and the transferee an 27
information notice about the decision; and 28
(b) if the transfer is approved, with or without 29
conditions--give the transferee a new 30
allocation notice in accordance with the 31
approval; and 32
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Part 8 Amendment of Water Act 2000
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(c) if the application was not to transfer all of an 1
allocation and the transfer is 2
approved--give the applicant an amended 3
allocation notice for the part not transferred. 4
(6) The transfer has effect from the day the 5
information notice is given. 6
236 Renewing allocations of quarry material 7
(1) The allocation notice holder may apply to renew 8
the allocation notice before it expires. 9
(2) The application must be-- 10
(a) made to the chief executive in the approved 11
form; and 12
(b) accompanied by the fee prescribed by 13
regulation. 14
(3) Within 30 business days after receiving the 15
application, the chief executive must-- 16
(a) approve the renewal, as applied for, with or 17
without conditions; or 18
(b) approve the renewal, as varied by the chief 19
executive, with or without conditions; or 20
(c) refuse the renewal. 21
(4) In deciding whether to renew the allocation, the 22
chief executive must consider the impact the 23
renewal will have for the matters mentioned in 24
section 229. 25
(5) Within 30 business days after deciding the 26
application, the chief executive must give the 27
applicant-- 28
(a) an information notice about the decision; 29
and 30
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
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(b) if the renewal is approved, with or without 1
conditions--a new allocation notice in 2
accordance with the approval. 3
(6) A renewed allocation notice remains in force, 4
unless sooner cancelled, suspended or 5
surrendered, for the period decided by the chief 6
executive of not more than 5 years. 7
237 Amending, suspending or cancelling 8
allocation notice 9
(1) The chief executive may amend, suspend or 10
cancel an allocation notice if the chief executive 11
is satisfied, or reasonably believes-- 12
(a) the allocation notice was granted in error or 13
in consequence of a false or fraudulent 14
document, statement or representation; or 15
(b) the allocation notice holder-- 16
(i) is convicted of an offence against this 17
Act; or 18
(ii) failed to comply with a condition of the 19
allocation notice; or 20
(c) unforeseen degradation in the condition of 21
the watercourse or lake requires the 22
allocation notice to be amended, suspended 23
or cancelled. 24
(2) An amendment under subsection (1) must not 25
increase the quantity of material that may be 26
extracted, the rate of extraction or the period for 27
which the allocation notice has effect. 28
(3) Before amending, suspending or cancelling an 29
allocation notice, the chief executive must give 30
the holder a show cause notice inviting the holder 31
to show cause, within the reasonable time stated 32
in the notice, why the allocation notice should 33
not be amended, suspended or cancelled. 34
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Water Reform and Other Legislation Amendment Bill 2014
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238 Deciding whether to proceed with proposed 1
amendment, suspension or cancellation of 2
allocation notice 3
(1) In deciding whether to amend, suspend or cancel 4
the allocation notice, the chief executive must 5
consider any properly made submission about the 6
proposed amendment, suspension or 7
cancellation. 8
(2) If the chief executive is satisfied the allocation 9
notice should be amended, suspended or 10
cancelled, the chief executive must amend, 11
suspend or cancel the allocation notice. 12
(3) If the chief executive is satisfied the allocation 13
notice should not be amended, suspended or 14
cancelled, the chief executive must give the 15
holder a notice that the allocation notice will not 16
be amended, suspended or cancelled. 17
(4) Within 30 business days after amending, 18
suspending or cancelling the allocation notice, 19
the chief executive must give the holder an 20
information notice about the decision to amend, 21
suspend or cancel the notice. 22
(5) The amendment, suspension or cancellation takes 23
effect the day the holder is given the information 24
notice. 25
(6) If the allocation notice is amended, the chief 26
executive must give the holder an amended 27
allocation notice. 28
(7) If the allocation notice is suspended, it is of no 29
effect during the period of suspension and, after 30
the suspension, remains in effect only for the 31
period during which it would have been in effect 32
but for the suspension. 33
(8) The suspension may be for the reasonable period 34
the chief executive decides. 35
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
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239 Surrendering allocation notice 1
(1) The allocation notice holder may surrender the 2
allocation notice by giving the chief executive 3
notice of its surrender. 4
(2) The surrender-- 5
(a) takes effect on the day the notice is received 6
by the chief executive; and 7
(b) does not affect in any way a requirement 8
under this Act about the removal of quarry 9
material imposed on the holder before the 10
surrender. 11
Division 5 General 12
240 Royalty or price for State quarry material 13
(1) For State quarry material removed under an 14
allocation notice, royalty at the rate prescribed by 15
regulation or the price set for the sale is payable 16
to the State in the way and at the times prescribed 17
under the regulation or the sale. 18
(2) Royalty or the price payable and not paid is a 19
debt due to the State. 20
(3) A person who fails to pay the royalty or the price 21
payable commits an offence against this Act. 22
Maximum penalty for subsection (3)--50 penalty 23
units. 24
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
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Part 6 Miscellaneous 1
241 Referral panels 2
(1) The chief executive may establish a referral panel 3
to advise on-- 4
(a) a draft water entitlement notice; or 5
(b) a proposed operations manual; or 6
(c) proposed water allocations and water 7
licences to be granted, amended or refused; 8
or 9
(d) the granting of an application to vary the 10
effect of a moratorium notice under section 11
33; or 12
(e) the granting of an application to relocate a 13
water licence under section 126; or 14
(f) an application about started works that are 15
subject to a moratorium notice referred to 16
the panel by the Minister under section 242. 17
(2) The panel is to consist of the number of 18
individuals, and has the functions, the chief 19
executive decides. 20
(3) A member of the panel may be paid the fees and 21
allowances decided by the Governor in Council. 22
242 Minister may direct chief executive to 23
establish referral panel 24
(1) If the Minister receives an application under 25
section 33, the Minister may-- 26
(a) direct the chief executive to establish a 27
referral panel to consider the application; 28
and 29
(b) refer the application to panel. 30
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 69]
(2) The referral panel must consider-- 1
(a) whether the works to which the application 2
relates-- 3
(i) are substantially completed; or 4
(ii) would have been completed by the 5
completion day but for a change in 6
circumstances beyond the applicant's 7
control; and 8
(b) whether the works can be completed, to the 9
extent they would be functional, within a 10
reasonable time. 11
(3) The panel must make a recommendation, about 12
the application, to the Minister within 20 13
business days after the day the panel receives the 14
application. 15
Clause 69 Amendment of s 361 (Purpose of ch 3) 16
Section 361, `petroleum tenure'-- 17
omit, insert-- 18
resource tenure 19
Clause 70 Amendment of s 362 (Definitions for ch 3) 20
(1) Section 362, definitions closing CMA tenure, CMA tenure and 21
water level-- 22
omit. 23
(2) Section 362-- 24
insert-- 25
closing CMA tenure means a CMA tenure for 26
which the holder of the tenure-- 27
(a) has given, before the cumulative 28
management area for the tenure was 29
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 71]
declared, a notice of closure for the tenure; 1
or 2
(b) gives, within 6 months after the cumulative 3
management area for the tenure is declared, 4
a notice of closure for the tenure. 5
CMA tenure means a resource tenure identified 6
in a gazette notice declaring a cumulative 7
management area under section 365. 8
cumulative management area means an area 9
declared by gazette notice under section 365 to 10
be a cumulative management area. 11
final report, for a resource tenure, means a report 12
for the tenure given to the chief executive under 13
section 374. 14
underground water impact report means a report 15
a responsible entity is obliged to give to the chief 16
executive under section 370. 17
water level, of an aquifer, means-- 18
(a) if the aquifer was tapped by an artesian 19
bore--the level to which the water would 20
rise naturally above the surface of the land at 21
the location of the bore if the water was 22
contained vertically above the surface of the 23
land; or 24
(b) if the aquifer were tapped by a subartesian 25
bore--the level of the water in the bore. 26
(3) Section 362, definitions impact considerations, make good 27
obligations, relevant underground water rights, underground 28
water obligation and water monitoring bore, `petroleum'-- 29
omit, insert-- 30
resource 31
Clause 71 Amendment of s 363 (Water bores to which ch 3 applies) 32
Section 363-- 33
Page 245
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 72]
insert-- 1
(2) However, this chapter does not apply to a water 2
bore if it is used only for water monitoring. 3
Clause 72 Replacement of s 364 (References to petroleum tenure 4
holder in ch 3) 5
Section 364-- 6
omit, insert-- 7
364 References in ch 3 to resource tenures and 8
holders of resource tenures if the tenure ends 9
(1) This section applies if a resource tenure ends. 10
(2) Subsection (3) applies if-- 11
(a) the resource tenure was a mineral 12
development licence and under the Mineral 13
Resources Act, chapter 6, part 1 the holder 14
of the licence became the holder of a mining 15
lease; or 16
(b) the resource tenure was an authority to 17
prospect under the Petroleum Act 1923 and 18
under part 6, division 1 of that Act the 19
holder of the tenure became a lease holder; 20
or 21
(c) the resource tenure was an authority to 22
prospect under the Petroleum and Gas Act 23
and under chapter 2, part 2, division 2 of 24
that Act the holder of the tenure became a 25
petroleum lease holder. 26
(3) A reference in this chapter-- 27
(a) to the resource tenure includes a reference 28
to-- 29
(i) if the resource tenure is a mining 30
lease--the mineral development 31
licence; or 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 73]
(ii) if the resource tenure is a lease granted 1
under the Petroleum Act 1923, part 6, 2
division 1 (1923 Act lease)--the 3
authority to prospect under the 4
Petroleum Act 1923; or 5
(iii) if the resource tenure is a petroleum 6
lease under the Petroleum and Gas 7
Act--the authority to prospect under 8
the Petroleum and Gas Act; and 9
(b) to the resource tenure holder includes a 10
reference to-- 11
(i) if the resource tenure is a mining 12
lease--the holder of the mineral 13
development licence; or 14
(ii) if the resource tenure is a 1923 Act 15
lease--the holder of the authority to 16
prospect under the Petroleum Act 1923; 17
or 18
(iii) if the resource tenure is a petroleum 19
lease under the Petroleum and Gas 20
Act--the holder of the authority to 21
prospect under the Petroleum and Gas 22
Act. 23
(4) If subsection (3) does not apply to a resource 24
tenure, a reference in this chapter to the holder of 25
the resource tenure is a reference to the holder of 26
the resource tenure immediately before it ended. 27
Clause 73 Amendment of s 365 (Declaring cumulative management 28
areas) 29
(1) Section 365(1), `petroleum tenures'-- 30
omit, insert-- 31
resource tenures 32
(2) Section 365(2), after `management area'-- 33
Page 247
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 74]
insert-- 1
for resource tenures identified in the gazette notice 2
(3) Section 365-- 3
insert-- 4
(3A) The gazette notice may identify resource tenures 5
specifically or generally, including resource 6
tenures granted in the cumulative management 7
area after the declaration is published in the 8
gazette. 9
(3B) If the area of an identified resource tenure is 10
partly within and partly outside the declared area, 11
the declared area is taken to include the whole of 12
the area of the resource tenure. 13
(4) Section 365(5), after `management area'-- 14
insert-- 15
in relation to the identified resource tenures 16
Clause 74 Amendment of ch 3, pt 1, div 3, hdg 17
Chapter 3, part 1, division 3, heading, `petroleum'-- 18
omit, insert-- 19
resource 20
Clause 75 Amendment of s 366 (Obligation to use best endeavours 21
to obtain approvals) 22
Section 366(1), `petroleum'-- 23
omit, insert-- 24
resource 25
Clause 76 Amendment of s 367 (Obligation to use best endeavours 26
to obtain information) 27
Section 367, `petroleum'-- 28
Page 248
Water Reform and Other Legislation Amendment Bill 2014
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[s 77]
omit, insert-- 1
resource 2
Clause 77 Amendment of s 368 (Who is a responsible entity) 3
Section 368(a) and (b)-- 4
omit, insert-- 5
(a) for a CMA tenure, other than a closing 6
CMA tenure--the office; or 7
(b) for a closing CMA tenure or a resource 8
tenure that is not a CMA tenure--the holder 9
of the tenure. 10
Clause 78 Amendment of s 369 (Who is a responsible tenure holder) 11
Section 369, `petroleum'-- 12
omit, insert-- 13
resource 14
Clause 79 Insertion of new s 369A 15
Chapter 3, part 2, division 1-- 16
insert-- 17
369A Application of pt 2 18
(1) This part does not apply to the holder of a 19
mineral development licence or mining lease who 20
takes or interferes with underground water in the 21
area of the licence or lease if subsection (2) or (3) 22
applies. 23
(2) This subsection applies if-- 24
(a) the holder of the mineral development 25
licence or mining lease is authorised, under 26
a water licence or water permit, to take or 27
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[s 79]
interfere with underground water in the area 1
of the licence or lease; and 2
(b) the taking or interference happens during 3
the course of, or results from, the carrying 4
out of an authorised activity for the licence 5
or lease. 6
(3) This subsection applies if-- 7
(a) immediately before the commencement, the 8
holder of the mineral development licence 9
or mining lease was otherwise lawfully 10
entitled to take or interfere with 11
underground water in the area of the licence 12
or lease; and 13
(b) after the commencement-- 14
(i) the holder takes or interferes with 15
water during the course of, or as the 16
result of, the carrying out of an 17
authorised activity for the licence or 18
lease; and 19
(ii) had the taking or interference 20
mentioned in subparagraph (i) occurred 21
before the commencement, the holder 22
would have been authorised to take or 23
interfere with the water in connection 24
with the activity. 25
(4) However, this part does apply to the holder of a 26
mineral development licence or mining lease 27
mentioned in subsection (1) if-- 28
(a) the licence or lease is a CMA tenure; or 29
(b) the chief executive decides, having regard to 30
the impact considerations relating to the 31
holder, that this part applies to the holder. 32
(5) The chief executive must give a holder mentioned 33
in subsection (4)(b)-- 34
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Part 8 Amendment of Water Act 2000
[s 80]
(a) a notice advising the holder that this part 1
applies to the holder and a stated reasonable 2
time within which the holder must give the 3
chief executive an underground water 4
impact report under section 370; and 5
(b) an information notice about the decision. 6
Clause 80 Amendment of s 370 (Obligation to give underground 7
water impact report) 8
(1) Section 370, `petroleum'-- 9
omit, insert-- 10
resource 11
(2) Section 370(1), `section 371'-- 12
omit, insert-- 13
sections 370A, 370B and 371 14
(3) Section 370(2)(b)-- 15
omit, insert-- 16
(b) be given-- 17
(i) if the responsible entity is a mining 18
tenure holder--before the day the 19
holder exercises its underground water 20
rights or, if the chief executive agrees 21
to a later day, by that day; or 22
(ii) if the responsible entity is the office or 23
a petroleum tenure holder--within the 24
initial report period or, if the chief 25
executive agrees to a longer period, 26
within that period; and 27
(4) Section 370(2)-- 28
insert-- 29
(e) be accompanied by the fee prescribed by 30
regulation. 31
Page 251
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 81]
Clause 81 Insertion of new ss 370A and 370B 1
After section 370-- 2
insert-- 3
370A When obligation to give underground water 4
impact report does not apply--exemption for 5
low risk resource tenures 6
(1) A regulation may identify circumstances in 7
which a resource tenure is taken to be a low risk 8
resource tenure for this division. 9
(2) The circumstances may relate to 1 or more of the 10
following-- 11
(a) the likely impacts of the exercise of 12
underground water rights on water bores and 13
springs; 14
(b) the nature and scale of a mining or 15
petroleum operation; 16
(c) the characteristics of the underground water 17
resource; 18
(d) the location of the resource tenure. 19
(3) The holder of a low risk resource tenure is not 20
required to give the chief executive an 21
underground water impact report under section 22
370 while the resource tenure remains a low risk 23
resource tenure. 24
370B When obligation to give further underground 25
water impact report does not apply 26
(1) This section applies if-- 27
(a) the responsible entity is the holder of a 28
resource tenure that is not a CMA tenure; 29
and 30
(b) the responsible entity has given the chief 31
executive an underground water impact 32
report that is approved by the chief 33
Page 252
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 81]
executive under section 385 (the existing 1
report); and 2
(c) the existing report-- 3
(i) estimated, under section 376(1)(a)(ii), 4
the quantity of water to be taken to be 5
zero; and 6
(ii) did not predict, under section 7
376(1)(b)(iv) or (v), a decline in the 8
water level of an aquifer of more than 9
the bore trigger threshold either during 10
the period or at any time as mentioned 11
in the subparagraph. 12
(2) Subject to subsection (5), the responsible entity is 13
not required to give the chief executive a further 14
underground water impact report. 15
(3) However if, after the approval of the existing 16
underground water impact report, the responsible 17
entity exercises its underground water rights, the 18
responsible entity must notify the chief executive 19
of the exercise of the rights. 20
Maximum penalty--500 penalty units. 21
(4) Subsection (5) applies if-- 22
(a) the chief executive requires the responsible 23
entity to amend the existing report under 24
section 392; and 25
(b) the report, as amended, indicates a decline 26
in the water level of an aquifer affected, or 27
likely to be affected, because of the exercise 28
of the underground water rights. 29
(5) Section 370 applies to the responsible entity as if 30
a reference in section 370(2)(c) to `the day the 31
first underground water impact report for the 32
cumulative management area or resource tenure 33
took effect' were a reference to `the day the 34
Page 253
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 82]
approved underground water impact report as 1
amended took effect'. 2
Clause 82 Amendment of s 371 (When obligation to give 3
underground water impact report does not apply) 4
(1) Section 371, heading, after `apply'-- 5
insert-- 6
--notice of closure 7
(2) Section 371(1)(a) and (b), `petroleum'-- 8
omit, insert-- 9
resource 10
(3) Section 371(3)-- 11
omit, insert-- 12
(3) However, section 370 does apply if, after the 13
notice of closure is given, an application for 14
renewal of the resource tenure, made under the 15
relevant Act, is granted. 16
(4) In this section-- 17
relevant Act, for the renewal of a resource tenure, 18
means whichever of the following Acts is 19
relevant to the renewal-- 20
(a) the Mineral Resources Act; 21
(b) the Petroleum Act 1923; 22
(c) the Petroleum and Gas Act. 23
Clause 83 Replacement of s 372 (Obligation to give notice of 24
closure--general) 25
Section 372-- 26
omit, insert-- 27
Page 254
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 83]
372 Obligation to give notice of closure--general 1
(1) A resource tenure holder who has started 2
exercising its underground water rights must, on 3
either of the following days, give the chief 4
executive a notice of closure-- 5
(a) the day that is 1 year before the term of the 6
resource tenure ends; 7
(b) the day the holder makes an application 8
under a relevant Act for the surrender of the 9
resource tenure. 10
Maximum penalty--500 penalty units. 11
(2) Subsection (1) does not apply to a resource 12
tenure holder who is exempt from preparing an 13
underground water impact report under a 14
regulation made under section 370A. 15
(3) The notice of closure must state-- 16
(a) the details of the holder and resource tenure; 17
and 18
(b) whether the tenure is ending or being 19
surrendered; and 20
(c) if the tenure is ending--the day the tenure 21
will end. 22
(4) If the resource tenure is a CMA tenure, including 23
a closing CMA tenure, the holder must give the 24
office a copy of the notice of closure. 25
(5) For subsection (1)(a), a resource tenure that is a 26
petroleum tenure is not taken to end only because 27
the tenure is divided under the Petroleum and 28
Gas Act, chapter 2. 29
(6) In this section-- 30
relevant Act, for an application for the surrender 31
of a resource tenure, means whichever of the 32
following Acts is relevant to the surrender of the 33
tenure-- 34
Page 255
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 84]
(a) the Mineral Resources Act; 1
(b) the Petroleum Act 1923; 2
(c) the Petroleum and Gas Act. 3
Clause 84 Amendment of s 373 (Obligation to give notice of 4
closure--relevant events) 5
(1) Section 373(1), `petroleum'-- 6
omit, insert-- 7
resource 8
(2) Section 373-- 9
insert-- 10
(3) However, subsection (2) applies only if the 11
resource tenure holder has started exercising its 12
underground water rights. 13
Clause 85 Amendment of s 374 (Obligation to give final report) 14
(1) Section 374(1), (2) and (4), `petroleum'-- 15
omit, insert-- 16
resource 17
(2) Section 374(5), after `383'-- 18
insert-- 19
and the fee prescribed by regulation 20
Clause 86 Amendment of s 375 (When obligation to give final report 21
does not apply) 22
(1) Section 375(1)(a) and (3), `petroleum'-- 23
omit, insert-- 24
resource 25
(2) Section 375(1)(c)-- 26
Page 256
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 87]
omit, insert-- 1
(c) before the last day by which the holder may 2
apply for a renewal of the resource tenure 3
under a relevant Act, the holder gives the 4
chief executive a written declaration stating 5
that the holder intends to apply for the 6
renewal. 7
(3) Section 375-- 8
insert-- 9
(5) In this section-- 10
relevant Act, for a renewal of a resource tenure, 11
means whichever of the following Acts is 12
relevant to the renewal of the tenure-- 13
(a) the Mineral Resources Act; 14
(b) the Petroleum Act 1923; 15
(c) the Petroleum and Gas Act. 16
Clause 87 Amendment of s 376 (Content of underground water 17
impact report) 18
(1) Section 376(a)-- 19
insert-- 20
Example for paragraph (a)(i)-- 21
If the report is prepared by a mining tenure holder before it 22
exercises its underground water rights, the quantity of 23
water produced or taken from the area would be shown in 24
the report as zero. 25
(2) Section 376-- 26
insert-- 27
(2) However, if the underground water impact report 28
does not show any predicted water level decline 29
in any area of an affected aquifer by more than 30
the bore trigger threshold during the period 31
mentioned in subsection (1)(b)(iv) or at any time 32
Page 257
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 88]
as mentioned in subsection (1)(b)(v), the report 1
does not have to include the program mentioned 2
in subsection (1)(e). 3
Clause 88 Amendment of s 378 (Content of water monitoring 4
strategy) 5
Section 378(3)(a), `petroleum'-- 6
omit, insert-- 7
resource 8
Clause 89 Amendment of s 379 (Content of spring impact 9
management strategy) 10
(1) Section 379(1) and (3), `potentially affected spring'-- 11
omit, insert-- 12
spring of interest 13
(2) Section 379(1)(d)-- 14
omit. 15
(3) Section 379(1)(e), after `predicted impacts on the spring'-- 16
insert-- 17
under paragraph (c) 18
(4) Section 379(1)(e) to (g)-- 19
renumber as section 379(1)(d) to (f). 20
Clause 90 Amendment of s 382 (Public notice and copies of report) 21
Section 382(4)-- 22
omit, insert-- 23
(4) The responsible entity must-- 24
(a) give a copy of the report to each person who 25
requests a copy; and 26
Page 258
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 91]
(b) advise the chief executive that the entity has 1
complied with subsections (1) and (2). 2
Clause 91 Amendment of s 385 (Decision on report) 3
Section 385(3), `petroleum'-- 4
omit, insert-- 5
resource 6
Clause 92 Amendment of s 386 (Publishing approval and making 7
report available) 8
Section 386(1)-- 9
omit, insert-- 10
(1) The responsible entity that gave the chief 11
executive an underground water impact report or 12
final report that is approved by the chief 13
executive must-- 14
(a) within 10 business days after receiving 15
notice of the approval-- 16
(i) publish, in the way required by the 17
chief executive, a notice about the 18
approval that complies with subsection 19
(2); and 20
(ii) give a copy of the notice to each bore 21
owner of a water bore within the area 22
to which the report relates; and 23
(b) within 15 business days after receiving 24
notice of the approval--advise the chief 25
executive that the entity has complied with 26
paragraph (a). 27
Maximum penalty--50 penalty units. 28
Page 259
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 93]
Clause 93 Amendment of s 388 (Effect of approved underground 1
water impact report) 2
(1) Section 388(1)(a) and (b), `petroleum'-- 3
omit, insert-- 4
resource 5
(2) Section 388(1)(a), after `within the area'-- 6
insert-- 7
identified in the CMA gazette notice for the area 8
(3) Section 388-- 9
insert-- 10
(3) In this section-- 11
CMA gazette notice, for a cumulative 12
management area, means the gazette notice under 13
section 365 declaring the area to be a cumulative 14
management area. 15
Clause 94 Amendment of s 389 (Effect of approved final report) 16
Section 389(4), `petroleum'-- 17
omit, insert-- 18
resource 19
Clause 95 Amendment of s 390 (Compliance with approved reports) 20
Section 390, `petroleum'-- 21
omit, insert-- 22
resource 23
Clause 96 Amendment of s 391 (Minor or agreed amendments of 24
approved report) 25
Section 391(1)(a)(ii) and (c), `petroleum'-- 26
omit, insert-- 27
Page 260
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 97]
resource 1
Clause 97 Amendment of s 393 (Other amendments) 2
Section 393(6)-- 3
insert-- 4
Maximum penalty--50 penalty units. 5
Clause 98 Amendment of s 394 (What is a baseline assessment) 6
Section 394, `petroleum'-- 7
omit, insert-- 8
resource 9
Clause 99 Insertion of new s 394A 10
After section 394-- 11
insert-- 12
394A Application of pt 3 13
(1) This part does not apply to the holder of a 14
mineral development licence or mining lease who 15
takes or interferes with underground water in the 16
area of the licence or lease if subsection (2) or (3) 17
applies. 18
(2) This subsection applies if-- 19
(a) the holder of the mineral development 20
licence or mining lease is authorised, under 21
a water licence or water permit, to take or 22
interfere with underground water in the area 23
of the licence or lease; and 24
(b) the taking or interference happens during 25
the course of, or results from, the carrying 26
out of an authorised activity for the licence 27
or lease. 28
Page 261
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 99]
(3) This subsection applies if-- 1
(a) immediately before the commencement of 2
this section, the holder of the mineral 3
development licence or mining lease was 4
otherwise lawfully entitled to take or 5
interfere with underground water in the area 6
of the licence or lease; and 7
(b) after the commencement-- 8
(i) the holder takes or interferes with 9
water during the course of, or as the 10
result of, the carrying out of an 11
authorised activity for the licence or 12
lease; and 13
(ii) had the taking or interference 14
mentioned in subparagraph (i) occurred 15
before the commencement, the holder 16
would have been authorised to take or 17
interfere with the water in connection 18
with the activity. 19
(4) However, this part does apply to the holder of a 20
mineral development licence or mining lease 21
mentioned in subsection (1) if the chief executive 22
decides, having regard to the impact 23
considerations relating to the holder, that this part 24
applies to the holder. 25
(5) The chief executive must give a holder mentioned 26
in subsection (4)-- 27
(a) a notice advising the holder that this part 28
applies to the holder and a stated reasonable 29
time within which the holder must give the 30
chief executive a baseline assessment plan 31
under section 397; and 32
(b) an information notice about the decision. 33
Page 262
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 100]
Clause 100 Amendment of s 396 (Method of undertaking baseline 1
assessment) 2
(1) Section 396(1), `responsible'-- 3
omit, insert-- 4
resource 5
(2) Section 396(1)-- 6
insert-- 7
Maximum penalty--50 penalty units. 8
Clause 101 Amendment of s 397 (Obligation to prepare baseline 9
assessment plan) 10
(1) Before section 397(1)-- 11
insert-- 12
(1A) This section does not apply while there are no 13
water bores in the area of a resource tenure. 14
(1B) A mining tenure holder must give the chief 15
executive a baseline assessment plan for the area 16
of the holder's tenure-- 17
(a) before the day the holder exercises its 18
underground water rights; or 19
(b) if the chief executive agrees to a later day, 20
by that day. 21
Maximum penalty--500 penalty units. 22
(2) Section 397(2)-- 23
omit, insert-- 24
(4) A baseline assessment plan for the area of a 25
resource tenure must-- 26
(a) state whether a baseline assessment has 27
been undertaken for any bores in the area 28
before the day the plan is given to the chief 29
executive and, if so, identify the bores; and 30
Page 263
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 101]
(b) identify each area of the holder's resource 1
tenure in which water bores, other than the 2
bores mentioned in paragraph (a), are or 3
may be located (each a priority area); and 4
(c) state a timetable for undertaking baseline 5
assessments of water bores in each priority 6
area of the resource tenure for which an 7
assessment has not already been completed, 8
including a stated date by which all baseline 9
assessments in each priority area will be 10
undertaken, that complies with section 398 11
(a baseline assessment timetable); and 12
(d) state the rationale for the baseline 13
assessment timetable; and 14
(e) be accompanied by the fee prescribed by 15
regulation. 16
(5) Despite subsection (4)(b), the chief executive 17
may accept a baseline assessment plan-- 18
(a) for a petroleum tenure that is an authority to 19
prospect under the Petroleum Act 1923 or 20
the Petroleum and Gas Act--that excludes a 21
block of the authority-- 22
(i) that is not contiguous with any other 23
block of the authority; and 24
(ii) on which no production testing is being 25
undertaken or is planned to be 26
undertaken; or 27
(b) generally--that excludes an area if the 28
resource tenure holder can demonstrate to 29
the chief executive's satisfaction that any 30
relevant aquifer in the area is not affected, or 31
likely to be affected, because of the exercise 32
of the holder's underground water rights. 33
(3) Section 397(1A) to (1)-- 34
renumber as section 397(1) to (3). 35
Page 264
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 102]
Clause 102 Replacement of s 398 (Requirements for baseline 1
assessment timetable) 2
Section 398-- 3
omit, insert-- 4
398 Requirements for baseline assessment 5
timetable 6
(1) If the resource tenure is a petroleum tenure, the 7
baseline assessment timetable must provide for a 8
baseline assessment to be undertaken for each 9
water bore located in a priority area for the tenure 10
by the earliest of the following-- 11
(a) before production testing starts, if-- 12
(i) the bore in the priority area is located 13
within 2km of the production testing; 14
and 15
(ii) during the production testing, water 16
will be taken from the aquifer 17
supplying the water bore; 18
(b) before production of petroleum starts in the 19
priority area; 20
(c) the day after a period of 30 days, whether 21
continuous or not, of undertaking 22
production testing in the priority area. 23
(2) However, subsection (1)(a) does not apply if the 24
petroleum tenure holder obtains the written 25
agreement of the owner of the water bore to a 26
baseline assessment being undertaken on a later 27
day. 28
(3) Subject to subsection (4), if the resource tenure is 29
a mining tenure, the baseline assessment 30
timetable must provide for a baseline assessment 31
to be undertaken for each water bore in a priority 32
area before the exercise of underground water 33
rights in the priority area. 34
Page 265
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 103]
(4) If the chief executive gives the holder of a mining 1
tenure a notice under section 394A(5)(a), the 2
baseline assessment timetable must state a day by 3
which a baseline assessment will be undertaken 4
for each water bore in a priority area. 5
(5) A baseline assessment timetable must state the 6
rationale for each date by which baseline 7
assessments will be undertaken. 8
Clause 103 Amendment of s 399 (Approval of baseline assessment 9
plan) 10
(1) Section 399-- 11
insert-- 12
(1A) The holder must submit the amended plan to the 13
chief executive within the stated reasonable 14
period. 15
Maximum penalty--50 penalty units. 16
(2) Section 399(2), `petroleum'-- 17
omit, insert-- 18
resource 19
Clause 104 Replacement of s 400 (Compliance with approved 20
baseline assessment plan) 21
Section 400-- 22
omit, insert-- 23
400 Compliance with approved baseline 24
assessment plan 25
A resource tenure holder must, unless the holder has a 26
reasonable excuse-- 27
(a) undertake a baseline assessment of a water 28
bore in a priority area for the tenure on or 29
before the day stated in the baseline 30
assessment timetable in the baseline 31
Page 266
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 105]
assessment plan for the area of the resource 1
tenure; and 2
(b) comply with each condition of its approved 3
baseline assessment plan. 4
Maximum penalty--500 penalty units. 5
Clause 105 Amendment of s 401 (Application to amend) 6
(1) Section 401(1) and (5), `petroleum tenure'-- 7
omit, insert-- 8
resource tenure 9
(2) Section 401(1), after `plan'-- 10
insert-- 11
for the area of the resource tenure 12
(3) Section 401(2)-- 13
omit, insert-- 14
(2) If-- 15
(a) a resource tenure holder who is the holder of 16
a mining tenure becomes aware of a 17
material change to the holder's program for 18
carrying out activities for the mining tenure 19
that may cause the holder's baseline 20
assessment timetable in the baseline 21
assessment plan not to comply with section 22
398; or 23
(b) a resource tenure holder who is a petroleum 24
tenure holder becomes aware of a material 25
change to the holder's program for 26
production testing or production of 27
petroleum that may cause the holder's 28
baseline assessment timetable in the 29
baseline assessment plan not to comply with 30
section 398; 31
Page 267
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 106]
the resource tenure holder must apply to the chief 1
executive for an amendment of the plan. 2
Maximum penalty--50 penalty units. 3
(2A) The resource tenure holder must also apply to the 4
chief executive for an amendment of the plan if-- 5
(a) for an area excluded from a baseline 6
assessment plan under section 7
397(5)(a)--there is a material change in the 8
holder's program for production testing; or 9
(b) for an area excluded from a baseline 10
assessment plan under section 11
397(5)(b)--the holder becomes aware a 12
relevant aquifer is being, or is likely to be, 13
affected by the exercise of the holder's 14
underground water rights by more than the 15
bore trigger threshold for the aquifer. 16
Maximum penalty--50 penalty units. 17
(4) Section 401(3), after `for the application'-- 18
insert-- 19
and be accompanied by the fee prescribed by 20
regulation 21
Clause 106 Amendment of s 402 (Direction by chief executive to 22
undertake baseline assessment) 23
Section 402(1), `petroleum'-- 24
omit, insert-- 25
resource 26
Clause 107 Amendment of s 403 (Notice of intention to undertake 27
baseline assessment) 28
Section 403, `petroleum'-- 29
omit, insert-- 30
Page 268
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 108]
resource 1
Clause 108 Amendment of s 404 (Bore owner must give information) 2
Section 404(1), `petroleum'-- 3
omit, insert-- 4
resource 5
Clause 109 Amendment of s 405 (Notice of outcome of baseline 6
assessment) 7
(1) Section 405, `petroleum'-- 8
omit, insert-- 9
resource 10
(2) Section 405-- 11
insert-- 12
(2) If the resource tenure holder gives the notice to 13
the office by an electronic communication, the 14
electronic communication must be in the format 15
required by the office unless otherwise agreed to 16
in writing by the office. 17
Clause 110 Amendment of s 406 (Obligation to negotiate general 18
agreement) 19
Section 406(1)-- 20
omit, insert-- 21
(1) This section applies-- 22
(a) for a resource tenure holder who is not 23
required to give an underground water 24
impact report under this Act--from the day 25
the holder first exercises its underground 26
water rights after the commencement of this 27
paragraph and while the holder continues to 28
hold the resource tenure; or 29
Page 269
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 111]
(b) otherwise-- 1
(i) for each mining tenure holder--from 2
the day the holder first exercises its 3
underground water rights and until an 4
underground water impact report 5
applies to the holder's mining tenure; 6
or 7
(ii) for each petroleum tenure 8
holder--from the start day for the 9
holder's petroleum tenure and until an 10
underground water impact report 11
applies to the holder's tenure. 12
Clause 111 Amendment of s 407 (Effect of an agreement under this 13
part) 14
Section 407(b), `petroleum'-- 15
omit, insert-- 16
resource 17
Clause 112 Amendment of s 409 (Make good obligations for water 18
bores) 19
Section 409(1) and (2), `petroleum'-- 20
omit, insert-- 21
resource 22
Clause 113 Amendment of s 411 (What is a bore assessment) 23
Section 411, `petroleum'-- 24
omit, insert-- 25
resource 26
Page 270
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 114]
Clause 114 Amendment of s 414 (Method of undertaking bore 1
assessment) 2
Section 414(1)-- 3
insert-- 4
Maximum penalty--50 penalty units. 5
Clause 115 Amendment of s 416 (Bore owner must give information) 6
Section 416(1), `petroleum'-- 7
omit, insert-- 8
resource 9
Clause 116 Amendment of s 418 (Direction by chief executive to 10
undertake bore assessment) 11
(1) Section 418(1)-- 12
omit, insert-- 13
(1) This section applies if the chief executive 14
reasonably believes a water bore-- 15
(a) can no longer supply a reasonable quantity 16
or quality of water for its authorised use or 17
purpose; or 18
(b) is affected, or is likely, in the future, to be 19
affected, by the exercise of a resource tenure 20
holder's underground water rights. 21
(2) Section 418(2) and (4), `petroleum'-- 22
omit, insert-- 23
resource 24
Clause 117 Amendment of s 419 (Notice of outcome of bore 25
assessment) 26
(1) Section 419, `petroleum'-- 27
omit, insert-- 28
Page 271
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 118]
resource 1
(2) Section 419-- 2
insert-- 3
(2) If the resource tenure holder gives the notice to 4
the office by an electronic communication, the 5
electronic communication must be in the format 6
required by the office unless otherwise agreed to 7
in writing by the office. 8
Clause 118 Amendment of s 422 (Persons bound by make good 9
agreement) 10
Section 422, `petroleum'-- 11
omit, insert-- 12
resource 13
Clause 119 Amendment of s 423 (Requirement to enter into make 14
good agreement and reimburse bore owner) 15
Section 423(3)-- 16
omit, insert-- 17
(3) The holder must-- 18
(a) reimburse the bore owner for any 19
accounting, legal or valuation costs the bore 20
owner necessarily and reasonably incurs in 21
negotiating or preparing a make good 22
agreement, other than the costs of a person 23
facilitating an ADR requested by the bore 24
owner; and 25
(b) advise the chief executive if the holder 26
enters into the make good agreement. 27
Clause 120 Amendment of s 425 (Application of div 4) 28
Section 425(a), `petroleum'-- 29
Page 272
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 121]
omit, insert-- 1
resource 2
Clause 121 Amendment of s 436 (Provisions for deciding any 3
compensation) 4
Section 436(1), (2)(a) and (3), `petroleum'-- 5
omit, insert-- 6
resource 7
Clause 122 Amendment of s 437 (Land Court's decision binds 8
successors and assigns) 9
Section 437, `petroleum'-- 10
omit, insert-- 11
resource 12
Clause 123 Amendment of s 438 (Application of make good 13
obligations to particular bores) 14
Section 438, `petroleum'-- 15
omit, insert-- 16
resource 17
Clause 124 Amendment of s 439 (Continuation of underground water 18
obligations) 19
Section 439, `petroleum'-- 20
omit, insert-- 21
resource 22
Page 273
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 125]
Clause 125 Amendment of s 440 (Petroleum tenure holder may start 1
complying with make good obligations before final report 2
approved) 3
(1) Section 440, heading, `Petroleum'-- 4
omit, insert-- 5
Resource 6
(2) Section 440, `petroleum'-- 7
omit, insert-- 8
resource 9
Clause 126 Amendment of s 441 (Right of entry after petroleum 10
tenure ends to comply with particular obligations) 11
(1) Section 441, heading, `petroleum'-- 12
omit, insert-- 13
resource 14
(2) Section 441(1), `petroleum'-- 15
omit, insert-- 16
resource 17
(3) Section 441(3)-- 18
insert-- 19
(aa) the tenure were a resource authority to 20
which the relevant entry provisions apply; 21
and 22
(4) Section 441(4), definition `relevant entry provisions'-- 23
omit, insert-- 24
relevant entry provisions means the Mineral and 25
Energy Resources (Common Provisions) Act 26
2014, chapter 3. 27
Page 274
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 127]
Clause 127 Amendment of s 448 (Application of div 1) 1
Section 448(1) and (2), `petroleum'-- 2
omit, insert-- 3
resource 4
Clause 128 Amendment of s 449 (Chief executive may direct 5
petroleum tenure holder to carry out water monitoring 6
activities) 7
Section 449, `petroleum'-- 8
omit, insert-- 9
resource 10
Clause 129 Amendment of s 451 (Power to give direction) 11
Section 451(1) and (3), `petroleum'-- 12
omit, insert-- 13
resource 14
Clause 130 Amendment of s 452 (Offence to fail to comply with 15
direction) 16
Section 452, `petroleum'-- 17
omit, insert-- 18
resource 19
Clause 131 Amendment of s 453 (Chief executive may take action 20
and recover costs) 21
Section 453(1), `petroleum'-- 22
omit, insert-- 23
resource 24
Page 275
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 132]
Clause 132 Amendment of s 454 (Directions to petroleum tenure 1
holders and bore owners to give information) 2
Section 454, `petroleum'-- 3
omit, insert-- 4
resource 5
Clause 133 Amendment of s 456 (Functions of office) 6
Section 456(1)(a), `petroleum'-- 7
omit, insert-- 8
resource 9
Clause 134 Amendment of s 460 (Obtaining information about 10
underground water from petroleum tenure holders) 11
(1) Section 460, `petroleum'-- 12
omit, insert-- 13
resource 14
(2) Section 460(1), `the exercise of underground water rights 15
under'-- 16
omit. 17
(3) Section 460-- 18
insert-- 19
(5) If a person (the first person) who is a resource 20
tenure holder has nominated or specified another 21
person (the nominated person) for service under 22
a relevant provision, the notice is taken to have 23
been given to the first person if it is given to the 24
nominated person. 25
(6) In this section-- 26
relevant provision means-- 27
(a) for a resource tenure holder who is the 28
holder of a mineral development 29
Page 276
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 135]
licence--the Mineral Resources Act, section 1
183(1)(c); or 2
(b) for a resource tenure holder who is the 3
holder of a mining lease--the Mineral 4
Resources Act, section 245(1)(c); or 5
(c) for a resource tenure holder who is the 6
holder of a 1923 Act petroleum tenure under 7
the Petroleum Act 1923--the Petroleum Act 8
1923, section 129; or 9
(d) for a resource tenure holder who is the 10
holder of a petroleum tenure under the 11
Petroleum and Gas Act--the Petroleum and 12
Gas Act, section 852. 13
Clause 135 Amendment of s 479 (Annual levy for underground water 14
management) 15
(1) Section 479(1), (3) and (4)(b), `petroleum'-- 16
omit, insert-- 17
resource 18
(2) Section 479(7) and (8)-- 19
omit, insert-- 20
(7) The office must give notice about the levy, and 21
any changes to the levy, to each resource tenure 22
holder. 23
(8) If a person (the first person) who is a resource 24
tenure holder has nominated or specified another 25
person (the nominated person) for service under 26
a relevant provision, the notice is taken to have 27
been given to the first person if it is given to the 28
nominated person. 29
(9) In this section-- 30
relevant provision means-- 31
Page 277
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 136]
(a) for a resource tenure holder who is the 1
holder of a mineral development 2
licence--the Mineral Resources Act, section 3
183(1)(c); or 4
(b) for a resource tenure holder who is the 5
holder of a mining lease--the Mineral 6
Resources Act, section 245(1)(c); or 7
(c) for a resource tenure holder who is the 8
holder of a 1923 Act petroleum tenure under 9
the Petroleum Act 1923--the Petroleum Act 10
1923, section 129; or 11
(d) for a resource tenure holder who is the 12
holder of a petroleum tenure under the 13
Petroleum and Gas Act--the Petroleum and 14
Gas Act, section 852. 15
Clause 136 Insertion of new s 479A 16
After section 479-- 17
insert-- 18
479A Recovery of levy 19
(1) The levy worked out under section 479 must be 20
paid by each resource tenure holder in the 21
amount, at the time and in the way prescribed by 22
regulation. 23
(2) If a resource tenure holder does not pay the levy 24
as required under the regulation, the State may 25
recover from the holder the amount of the levy as 26
a debt. 27
Clause 137 Amendment of s 480 (Payment of amounts into 28
Groundwater Impact Assessment Fund) 29
Section 480(a) and (b), `petroleum'-- 30
omit, insert-- 31
resource 32
Page 278
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 138]
Clause 138 Amendment of s 483 (Public access to database) 1
Section 483(2)-- 2
omit, insert-- 3
(2) However, the publicly available part of the 4
database must not include information the office 5
reasonably believes is commercially sensitive. 6
Clause 139 Amendment of s 484 (Petroleum tenure holder access to 7
information) 8
(1) Section 484, heading, `Petroleum'-- 9
omit, insert-- 10
Resource 11
(2) Section 484(1) and (2), `petroleum'-- 12
omit, insert-- 13
resource 14
Clause 140 Insertion of new s 485 15
Chapter 3A-- 16
insert-- 17
485 Chief executive's access to information 18
The office must make any information in the database, 19
including information the office reasonably believes is 20
commercially sensitive, available to the chief 21
executive of the department in which chapter 3 is 22
administered if the information may be relevant to the 23
administration of chapter 3. 24
Clause 141 Amendment of s 542 (Purposes of ch 4) 25
(1) Section 542(1), `establishment and'-- 26
omit. 27
(2) Section 542(2)-- 28
Page 279
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 142]
omit. 1
Clause 142 Replacement of ch 4, pt 2, hdg (Establishing water 2
authorities) 3
Chapter 4, part 2, heading-- 4
omit, insert-- 5
Part 2 Water authorities 6
Clause 143 Amendment of s 548 (Establishing water authorities) 7
Section 548-- 8
insert-- 9
(4) After the commencement of this subsection, a 10
regulation under subsection (1) may amend an 11
establishment regulation but can not establish a 12
new water authority. 13
Clause 144 Omission of ss 552-555 14
Sections 552 to 555-- 15
omit. 16
Clause 145 Amendment of s 556 (Amending establishment 17
regulation) 18
Section 556-- 19
insert-- 20
(5) Also, subsection (2) does not apply if-- 21
(a) the amendment is for the purpose of 22
including land in, or excluding land from, 23
the water authority's authority area; and 24
(b) the water authority has by resolution asked 25
the chief executive for the amendment to be 26
made; and 27
Page 280
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 146]
(c) the chief executive is satisfied that all 1
owners of land who are likely to be affected 2
by the amendment have agreed to the 3
amendment. 4
Clause 146 Amendment of s 572 (Power to make and levy rates and 5
charges) 6
(1) Section 572(2), from `levy'-- 7
omit, insert-- 8
levy-- 9
(a) charges on its customers; and 10
(b) if the authority has an authority area--rates 11
and charges on its ratepayers. 12
(2) Section 572(5)-- 13
omit, insert-- 14
(5) A rate may be made and levied on a ratepayer's 15
land in the authority area in relation to a water 16
service-- 17
(a) if the water service is provided to the land as 18
an irrigation service involving the supply of 19
water the volume of which is not 20
measured--on the basis of the area of the 21
land that is the subject of the irrigation 22
service; or 23
(b) otherwise--on the basis that it is land to 24
which water may be supplied under the 25
water service. 26
Clause 147 Omission of s 574 (Interest on overdue rates and 27
charges) 28
Section 574-- 29
omit. 30
Page 281
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 148]
Clause 148 Amendment of s 584 (Water authority may enter into work 1
performance arrangements) 2
(1) Section 584(1), from `with--'-- 3
omit, insert-- 4
with the appropriate authority of a government entity. 5
(2) Section 584(4)(b), `employing office for the water authority, 6
or an employee of the other'-- 7
omit. 8
Clause 149 Amendment of s 585 (Duties and liabilities of water 9
authority officers) 10
Section 585(9), definition officer, paragraph (b)-- 11
omit, insert-- 12
(b) an employee of a government entity who 13
performs work for the water authority under 14
a work performance arrangement between 15
the water authority and the government 16
entity. 17
Clause 150 Amendment of s 598 (Composition of board for water 18
authorities) 19
(1) Section 598(1), from `As soon as' to `section 690'-- 20
omit, insert-- 21
As soon as practicable after a new water authority is 22
formed on an amalgamation under section 690 23
(2) Section 598(1A) and (2)-- 24
omit, insert-- 25
(2) Directors that are to be elected must be elected-- 26
(a) in the way prescribed by regulation; and 27
Page 282
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 151]
(b) to the extent the way is not prescribed by 1
regulation--in the way approved by the 2
chief executive. 3
Clause 151 Replacement of s 600 (Appointment) 4
Section 600-- 5
omit, insert-- 6
600 Appointment of directors 7
(1) The directors for a category 1 water authority 8
must be appointed by the Governor in Council. 9
(2) After the commencement of this section, the 10
directors for a category 2 water authority must be 11
appointed by the Minister. 12
Clause 152 Amendment of s 602 (Administration of water authority) 13
(1) Section 602(1)-- 14
omit, insert-- 15
(1) The Minister may appoint the chief executive, or 16
another person if the Minister considers the 17
person is appropriately qualified, to administer a 18
water authority formed on an amalgamation 19
under section 690 until the authority's first board 20
is appointed. 21
(2) Section 602(2)(a), `the Governor in Council'-- 22
omit, insert-- 23
the Governor in Council or Minister 24
(3) Section 602-- 25
insert-- 26
(4) Subsection (5) applies if the Minister considers it 27
is not practicable for the chief executive or 28
another person to administer a new category 2 29
water authority formed on an amalgamation 30
Page 283
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 153]
under section 690 until the authority's first board 1
is appointed. 2
(5) The Minister may direct, or the regulation 3
providing for the amalgamation may provide, 4
that until the new authority's board is appointed 5
under section 600, the new authority is to be 6
administered by a board made up of each person 7
who, immediately before the amalgamation, was 8
a director of 1 or more of the water authorities 9
that were amalgamated. 10
Clause 153 Insertion of new s 604A 11
After section 604-- 12
insert-- 13
604A Special provision for director nominated by 14
local government 15
If a director of a category 2 water authority is the 16
nominee of a local government, the day the director's 17
term ends must be not later than 6 months after the day 18
prescribed under the Local Government Act 2009 for 19
holding the quadrennial election next following the 20
director's appointment. 21
Clause 154 Amendment of s 607 (Termination of appointment as 22
director) 23
(1) Section 607, after `Governor in Council'-- 24
insert-- 25
, for a category 1 water authority, and the Minister, for 26
a category 2 water authority, 27
(2) Section 607-- 28
insert-- 29
(2) The Minister may remove a director under 30
subsection (1) even if the director was appointed 31
by the Governor in Council. 32
Page 284
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 155]
Clause 155 Amendment of s 608 (Casual vacancy) 1
Section 608(1)(c), after `Governor in Council'-- 2
insert-- 3
or Minister 4
Clause 156 Amendment of s 609 (Removal of board) 5
(1) Section 609, after `Governor in Council'-- 6
insert-- 7
, for a category 1 water authority, and the Minister, for 8
a category 2 water authority, 9
(2) Section 609-- 10
insert-- 11
(2) The Minister may remove directors under 12
subsection (1) even if the directors were 13
appointed by the Governor in Council. 14
Clause 157 Amendment of s 618 (Power to grant relief) 15
(1) Section 618(1)(b)-- 16
omit, insert-- 17
(b) an employee of a government entity who 18
performs work for a water authority under a 19
work performance arrangement between the 20
water authority and the government entity. 21
(2) Section 618(2) and (4), `employing office for the water 22
authority or of the other'-- 23
omit. 24
Clause 158 Amendment of s 619 (False or misleading information or 25
documents) 26
Section 619(1), definition officer, paragraph (b)-- 27
omit, insert-- 28
Page 285
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 159]
(b) an employee of a government entity who 1
performs work for the water authority under 2
a work performance arrangement between 3
the water authority and the government 4
entity. 5
Clause 159 Insertion of new s 619A 6
Chapter 4, part 4, division 3-- 7
insert-- 8
619A Application 9
(1) Sections 620 to 622 apply to the board of a 10
category 1 water authority. 11
(2) Section 623 applies to the board of any water 12
authority. 13
Clause 160 Omission of ch 4, pt 4A (Employing offices for water 14
authorities) 15
Chapter 4, part 4A-- 16
omit. 17
Clause 161 Amendment of s 691 (Dissolution of water authority and 18
authority area) 19
Section 691(1)(a)-- 20
omit, insert-- 21
(a) dissolve a water authority if the Minister is 22
satisfied either of the following applies to 23
the water authority-- 24
(i) the water authority has not complied 25
with requirements applying to it under 26
this Act and is unlikely to be able to do 27
so in the future; 28
Page 286
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 162]
(ii) the water authority no longer serves the 1
function for which it was established; 2
or 3
Clause 162 Insertion of new s 691A 4
After section 691-- 5
insert-- 6
691A Distribution contract applying for particular 7
water allocations 8
(1) This section applies if-- 9
(a) a regulation provides for the dissolution of a 10
category 2 water authority (the old entity) 11
under section 691(1)(b); and 12
(b) immediately before the dissolution, the old 13
entity is the holder of a distribution 14
operations licence (the DOL). 15
(2) The regulation must identify a document (the old 16
entity document) held by the old entity and 17
available for public access on the old entity's 18
website before the dissolution. 19
(3) The old entity document must set out-- 20
(a) the distribution arrangements for water 21
distributed under the DOL by the old entity; 22
and 23
(b) the financial obligations, arising from the 24
distribution arrangements, of the holder of 25
any water allocation to whom water is 26
distributed under the DOL. 27
(4) The old entity document must fairly represent the 28
distribution arrangements and financial 29
obligations as in place before the dissolution of 30
the old entity. 31
(5) The old entity document may include additional 32
provisions to facilitate implementing the 33
Page 287
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 162]
arrangements and meeting the obligations, but 1
the additional provisions must not be capable of 2
operating to the detriment, in substance, of an 3
allocation holder after the dissolution of the old 4
entity. 5
(6) After the dissolution of the old entity, the old 6
entity document has effect as a contract (the 7
distribution contract), relating to the distribution 8
of water under the DOL, between-- 9
(a) any entity that becomes the DOL holder; 10
and 11
(b) the holder of each water allocation to whom 12
water-- 13
(i) was distributed under the DOL 14
immediately before the dissolution; 15
and 16
(ii) continues to be distributed under the 17
DOL. 18
(7) Subsection (8) applies if-- 19
(a) a new water allocation comes into existence 20
after the old entity is dissolved; and 21
(b) water is or is to be distributed to the holder 22
of the new water allocation under the DOL; 23
and 24
(c) a document, in the form of a contract, is held 25
by the DOL holder as a document available 26
for public access on the DOL holder's 27
website; and 28
(d) the document relates to the distribution of 29
water under the DOL to the holders of water 30
allocations that are similar in type to the 31
new water allocation. 32
(8) The document has effect as a contract (also a 33
distribution contract) between-- 34
Page 288
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 163]
(a) the DOL holder; and 1
(b) the holder of the new water allocation. 2
(9) The distribution contract applying to a water 3
allocation has effect subject to any change agreed 4
to by the DOL holder and the water allocation 5
holder. 6
(10) If the holder of a water allocation the subject of a 7
distribution contract transfers or leases the water 8
allocation to another person, the other person is 9
bound by the distribution contract as in force 10
between the DOL holder and the water allocation 11
holder immediately before the transfer or lease. 12
Clause 163 Amendment of s 692 (Public notice of proposed 13
amalgamation or dissolution) 14
(1) Section 692(1)(b)-- 15
omit, insert-- 16
(b) in another way, if the chief executive 17
considers the way to be appropriate having 18
regard to the intended audience for the 19
notice. 20
(2) Section 692(3), `a former water area or authority area 21
mentioned in section 691(3)'-- 22
omit, insert-- 23
an authority area mentioned in section 691(3)(b) 24
(3) Section 692(3)(b), `former water area or'-- 25
omit. 26
(4) Section 692-- 27
insert-- 28
(4) A notice given under subsection (1) must-- 29
Page 289
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 164]
(a) contain the information about the proposed 1
amalgamation or dissolution the chief 2
executive considers appropriate; and 3
(b) state the following-- 4
(i) that written submissions on the 5
proposed amalgamation or dissolution 6
may be made to the chief executive; 7
(ii) the date, at least 20 business days after 8
the notice is published, by which the 9
submissions may be made; 10
(iii) where the submissions may be made. 11
Clause 164 Omission of s 693 (Content of notice of proposed 12
amalgamation or dissolution) 13
Section 693-- 14
omit. 15
Clause 165 Amendment of s 695 (Water authority may request its 16
dissolution) 17
(1) Section 695(1)(b)-- 18
omit, insert-- 19
(b) for an authority with an authority area-- 20
(i) there is a closed water activity 21
agreement for the authority area; or 22
(ii) there is not a closed water activity 23
agreement for the authority area but at 24
least a majority of the ratepayers in the 25
area, by special ballot, agree to the 26
authority making the request. 27
(2) Section 695(3)-- 28
omit, insert-- 29
(3) The special ballot must be conducted-- 30
Page 290
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 166]
(a) in the way prescribed by regulation; and 1
(b) to the extent the way is not prescribed by 2
regulation--in the way approved by the 3
chief executive. 4
Clause 166 Amendment of s 695A (Closed water activity agreement) 5
(1) Section 695A(1)(b), `all the'-- 6
omit, insert-- 7
all relevant 8
(2) Section 695A-- 9
insert-- 10
(6) In this section-- 11
relevant registered owner, of land in the 12
authority area, means a registered owner of land 13
in the authority area who is also a ratepayer for 14
the water authority on whom a rate is currently 15
levied. 16
Clause 167 Omission of ss 698-700 17
Sections 698 to 700-- 18
omit. 19
Clause 168 Amendment of s 700A (Alternative process for proposed 20
transfer) 21
(1) Section 700A, heading, `Alternative process for proposed'-- 22
omit, insert-- 23
Process for 24
(2) Section 700A(1)(c)-- 25
omit. 26
Page 291
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 169]
Clause 169 Amendment of s 704 (Existing employees) 1
(1) Section 704(1), from `another water authority'-- 2
omit, insert-- 3
another water authority, a person who was employed 4
by the former water authority becomes an employee of 5
the new entity. 6
(2) Section 704(2), from `structure'-- 7
omit, insert-- 8
structure, a person who was employed by the former 9
water authority becomes an employee of the new 10
entity. 11
(3) Section 704(2A), from `day for the authority'-- 12
omit, insert-- 13
day for the authority, a person who was employed by 14
the former water authority becomes an employee of a 15
new entity for the authority in accordance with the 16
authority's allocation notice. 17
Clause 170 Amendment of s 706 (Non-liability for State taxes) 18
Section 706-- 19
insert-- 20
(2A) Subsection (2) does not apply to anything done 21
after 30 June 2015. 22
Clause 171 Amendment of s 808 (Unauthorised taking, supplying or 23
interfering with water) 24
(1) Section 808(1)(a), `this Act'-- 25
omit, insert-- 26
this or another Act 27
(2) Section 808(1)(a), note, after `also'-- 28
insert-- 29
Page 292
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 172]
the Mineral Resources Act, section 334ZR (Authorisation for 1
Water Act) and 2
Clause 172 Omission of ss 812A and 812B 3
Sections 812A and 812B-- 4
omit. 5
Clause 173 Amendment of s 813 (Contravening licence condition) 6
Section 813-- 7
insert-- 8
(3) Subsection (4) applies if-- 9
(a) the resource operations licence authorises 10
the holder of the licence to interfere with the 11
flow of water to the extent necessary to 12
operate a dam; and 13
(b) a condition of the licence relates to the full 14
supply level for the dam; and 15
(c) a flood mitigation manual has been 16
approved for the dam under the Water 17
Supply Act, chapter 4, part 2, division 3; and 18
(d) a temporary full supply level is declared for 19
the dam under the Water Supply Act, 20
chapter 4, part 3. 21
(4) While the declaration of the temporary full 22
supply level for the relevant dam is in force, a 23
reference to the full supply level for the dam is 24
taken to be a reference to the temporary full 25
supply level. 26
Clause 174 Amendment of s 814 (Excavating or placing fill without 27
permit) 28
Section 814(5), definition prescribed assessable development, 29
paragraph (a)(i)-- 30
Page 293
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 175]
omit, insert-- 1
(i) the operations allow the taking or 2
interfering with water from a 3
watercourse, lake or spring, or from a 4
dam constructed on a watercourse or 5
lake; or 6
Clause 175 Amendment of s 816 (Unauthorised water bore activities) 7
(1) Section 816(1), `chapter 2, part 10'-- 8
omit, insert-- 9
chapter 8, part 2B 10
(2) Section 816(2)(b)-- 11
omit, insert-- 12
(b) carrying out an activity under the Mineral 13
Resources Act if the activity-- 14
(i) is not constructing or decommissioning 15
a water monitoring bore; or 16
(ii) would not result in a water bore being 17
left as a functional bore for the supply 18
of water at the end of the activity; or 19
Clause 176 Amendment of s 921 (Evidentiary aids) 20
Section 921(1)-- 21
insert-- 22
(ba) a stated document is a copy of the 23
watercourse identification map as in force 24
on a stated day; 25
(bb) a feature or position on the watercourse 26
identification map is a stated feature or 27
stated position; 28
Page 294
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 177]
Clause 177 Amendment of s 936 (Responsibility for acts or 1
omissions of representatives) 2
Section 936(4), definition representative, paragraph (a)(ii)-- 3
omit, insert-- 4
(ii) an employee of a government entity 5
who performs work for the water 6
authority under a work performance 7
arrangement between the water 8
authority and the government entity; or 9
Clause 178 Amendment of s 968 (Chief executive as assessing 10
authority or advice agency) 11
Section 968(1)(c) and (2)(c)-- 12
omit. 13
Clause 179 Insertion of new ch 8, pt 2B 14
Chapter 8-- 15
insert-- 16
Part 2B Water bore drillers 17
Division 1 Granting water bore 18
driller's licences 19
981 Applying for water bore driller's licence 20
(1) An individual may apply for a water bore 21
driller's licence. 22
(2) The application must-- 23
(a) be made to the chief executive in the 24
approved form; and 25
Page 295
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 179]
(b) state the class of licence prescribed by 1
regulation for which the applicant is 2
applying; and 3
(c) state any licence endorsements, prescribed 4
by regulation, the applicant is applying for; 5
and 6
(d) be supported by evidence that the applicant 7
has the qualifications or experience 8
prescribed by regulation for a water bore 9
driller; and 10
(e) be accompanied by the fee prescribed by 11
regulation. 12
982 Additional information may be required 13
(1) The chief executive may require-- 14
(a) the applicant to give additional information 15
about the applicant's experience or history 16
in the water bore drilling industry, 17
including, for example, if the applicant 18
has-- 19
(i) been convicted of an offence against 20
this Act, the repealed Acts or an 21
interstate law; or 22
(ii) held a licence to drill water bores that 23
has been cancelled or suspended under 24
this Act, the repealed Acts or an 25
interstate law; or 26
(b) any information included in the application, 27
or any additional information required under 28
paragraph (a), to be verified by statutory 29
declaration. 30
(2) If the applicant fails, without reasonable excuse, 31
to comply with the requirement within the 32
reasonable time stated in the requirement, the 33
application lapses. 34
Page 296
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 179]
983 Deciding application for water bore driller's 1
licence 2
(1) If the chief executive is satisfied the application 3
should be granted, or granted in part, the chief 4
executive must grant the application. 5
(2) If the chief executive is not satisfied the 6
application should be granted, the chief executive 7
must refuse the application. 8
(3) Within 30 business days after deciding to grant 9
all or part of the application, the chief executive 10
must give the applicant a water bore driller's 11
licence in the approved form-- 12
(a) for a particular class of licence; and 13
(b) with particular endorsements; and 14
(c) with or without conditions. 15
(4) If the application is refused or the licence given 16
to the applicant is different, in any respect, to the 17
licence applied for, the chief executive must give 18
the applicant an information notice about the 19
decision within 30 business days after deciding 20
the application. 21
983A Conditions of water bore driller's licence 22
(1) The water bore driller's licence is subject to the 23
conditions-- 24
(a) prescribed by regulation, including the 25
period for which the licence has effect; and 26
(b) the chief executive may impose for a 27
particular licence. 28
(2) Without limiting subsection (1), the conditions 29
may limit the types of equipment and drilling 30
methods the licence holder may use. 31
Page 297
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 179]
Division 2 Dealings with water bore 1
driller's licences 2
983B Applying to amend water bore driller's 3
licence 4
(1) A licence holder may apply to amend a water 5
bore driller's licence, including to upgrade the 6
licence. 7
(2) An application to amend the licence must be 8
dealt with under division 1 as if it were an 9
application for a licence. 10
983C Giving show cause notice about proposed 11
amendment of water bore driller's licence 12
(1) Subsection (2) applies if the chief executive is 13
satisfied the licence holder is no longer 14
competent to carry out water bore drilling 15
activities authorised by the licence. 16
(2) The chief executive must give the holder a show 17
cause notice as to why the licence should not be 18
amended in the way stated in the notice. 19
983D Deciding proposed amendment of water bore 20
driller's licence 21
(1) In deciding whether to proceed with the proposed 22
amendment, the chief executive must consider 23
any properly made submission about the 24
proposed amendment. 25
(2) If the chief executive is satisfied the proposed 26
amendment should be made the chief executive 27
must, within 30 business days after the decision, 28
give the holder an amended licence in the 29
approved form and an information notice. 30
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(3) If the holder agrees in writing to an amendment 1
that is different from the amendment stated in the 2
show cause notice, the chief executive must, 3
within 30 business days after the agreement is 4
received, give the holder an amended licence in 5
the approved form. 6
(4) If the chief executive is not satisfied the 7
amendment should be made, the chief executive 8
must give the holder notice that the licence will 9
not be amended. 10
(5) The amended licence takes effect from the day 11
the holder is given the amended licence. 12
983E Minor or stated amendments of water bore 13
driller's licence 14
The chief executive may amend the licence without 15
complying with the provisions of this division about 16
amending a licence if the amendment is only-- 17
(a) to correct a minor error in the licence, or 18
make another change that is not a change of 19
substance; or 20
(b) if the licence states that an amendment of a 21
stated type may be made to the licence by 22
amendment under this section--to make an 23
amendment of the stated type. 24
983F Renewing water bore driller's licence 25
(1) The licence holder may apply to renew a water 26
bore driller's licence. 27
(2) The application must be-- 28
(a) made to the chief executive in the approved 29
form; and 30
(b) made before the licence expires; and 31
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(c) accompanied by the fee prescribed by 1
regulation. 2
(3) If the holder applies to renew the licence, the 3
licence remains in force until the applicant has 4
been notified of the chief executive's decision on 5
the application. 6
(4) After considering the application and any need to 7
change the class, endorsements or conditions 8
shown on the licence, if the chief executive is 9
satisfied the application should be approved, the 10
chief executive must-- 11
(a) approve the application; or 12
(b) approve the application, subject to variation 13
of the class, endorsements or conditions 14
shown on the licence. 15
(5) If the chief executive is not satisfied the 16
application should be approved, the chief 17
executive must refuse the application. 18
(6) If the chief executive refuses the application, or 19
approves the application under subsection (4)(b), 20
the chief executive must, within 30 business days 21
after deciding the application, give the applicant 22
an information notice about the decision. 23
(7) The chief executive, on approving the 24
application, must give the holder a new licence in 25
the approved form. 26
983G Reinstating expired water bore driller's 27
licence 28
(1) If a licence holder fails to renew a water bore 29
driller's licence, the holder may, within 30 30
business days after the licence expires, apply to 31
have the licence reinstated. 32
(2) The application must be-- 33
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Part 8 Amendment of Water Act 2000
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(a) made to the chief executive in the approved 1
form; and 2
(b) accompanied by the fee prescribed by 3
regulation. 4
(3) If an application for the reinstatement of a water 5
bore driller's licence is made, the expired licence 6
is taken to have been in force from the day the 7
application was made until the applicant has been 8
notified of the chief executive's decision on the 9
application. 10
(4) For deciding the application, section 983F(4) to 11
(7) applies-- 12
(a) as if a reference in the section to the renewal 13
of a licence were a reference to the 14
reinstatement of a licence; and 15
(b) with any other necessary changes. 16
983H Suspending water bore driller's licence 17
(1) The chief executive may suspend a water bore 18
driller's licence if the chief executive is satisfied 19
the licence holder-- 20
(a) has been convicted of an offence against this 21
Act, the repealed Acts or an interstate law; 22
or 23
(b) has carried out water bore drilling activities 24
not permitted for the class of licence; or 25
(c) has failed to comply with the conditions of 26
the licence; or 27
(d) has failed to comply with section 983L. 28
(2) Before the chief executive acts under subsection 29
(1), the chief executive must give the holder a 30
show cause notice about the proposed 31
suspension. 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 179]
(3) In deciding whether to suspend the licence, the 1
chief executive must consider any properly made 2
submission about the proposed suspension. 3
(4) If the chief executive is satisfied the licence 4
should be suspended, the chief executive must, 5
within 30 business days after the decision, give 6
the holder an information notice. 7
(5) If the chief executive is not satisfied the licence 8
should be suspended, the chief executive must 9
give the holder notice that the licence will not be 10
suspended. 11
(6) The suspension takes effect from the day the 12
information notice is given to the holder. 13
(7) If the licence is suspended, it is of no effect 14
during the period of suspension. 15
983I Cancelling water bore driller's licence 16
(1) The chief executive may cancel a water bore 17
driller's licence if the chief executive is 18
satisfied-- 19
(a) the licence was granted or renewed in error 20
or in consequence of a false or misleading 21
representation or declaration (made either 22
orally or in writing); or 23
(b) the holder-- 24
(i) has been convicted of an offence 25
against this Act, the repealed Acts or 26
an interstate law; or 27
(ii) has carried out water bore drilling 28
activities not permitted under the 29
licence; or 30
(iii) has failed to comply with the 31
conditions of the licence. 32
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(2) Before the chief executive acts under subsection 1
(1), the chief executive must give the holder a 2
show cause notice about the proposed 3
cancellation. 4
(3) In deciding whether to cancel the licence, the 5
chief executive must consider any properly made 6
submission about the proposed cancellation. 7
(4) If the chief executive is satisfied the licence 8
should be cancelled, the chief executive must, 9
within 30 business days after the decision, give 10
the holder an information notice. 11
(5) If the chief executive is not satisfied the licence 12
should be cancelled, the chief executive must 13
give the holder notice that the licence will not be 14
cancelled. 15
(6) The cancellation takes effect from the day the 16
information notice is given to the holder. 17
Division 3 General 18
983J Production of licence to authorised officer 19
(1) This section applies if an authorised officer finds 20
an individual in circumstances that lead, or has 21
information that leads, the authorised officer to 22
reasonably suspect the individual is-- 23
(a) drilling, deepening, enlarging or casing a 24
water bore; or 25
(b) removing, replacing, altering or repairing 26
the casing, lining or screening of a water 27
bore; or 28
(c) decommissioning a water bore. 29
(2) The authorised officer may require the individual 30
to produce the individual's water bore driller's 31
licence for the authorised officer's inspection. 32
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(3) If the individual holds a current water bore 1
driller's licence, the individual must comply with 2
the requirement, unless the individual has a 3
reasonable excuse. 4
Maximum penalty--50 penalty units. 5
(4) When making the requirement, the authorised 6
officer must warn the individual it is an offence 7
to fail to produce the licence, unless the 8
individual has a reasonable excuse. 9
(5) Subsection (3) does not apply to the individual 10
who is-- 11
(a) carrying out an activity under the Mineral 12
Resources Act 1989 if the activity would not 13
result in a water bore being left as a 14
functional bore for the supply of water at the 15
end of the activity; or 16
(b) carrying out an activity under the Petroleum 17
Act 1923 or the Petroleum and Gas Act. 18
983K Failure to return suspended, cancelled or 19
expired licence 20
(1) Subsection (2) applies if an individual's water 21
bore driller's licence has been suspended or 22
cancelled or has expired. 23
(2) The individual must, unless the individual has a 24
reasonable excuse, return the licence to the chief 25
executive as soon as practicable (but within 15 26
business days) after-- 27
(a) for the suspension of a licence--the day 28
notice of the suspension was given to the 29
individual; or 30
(b) for the cancellation of a licence--the day 31
notice of the cancellation was given to the 32
individual. 33
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[s 179]
Maximum penalty--50 penalty units. 1
(3) If a licence has been returned to the chief 2
executive under subsection (2) because of 3
suspension of the licence, the chief executive 4
must return the licence to the individual at the 5
end of the period of suspension. 6
983L Records of water bores drilled 7
(1) A water bore driller's licence holder must keep, 8
in the approved form, information prescribed by 9
regulation about any activity the holder may 10
carry out under this Act. 11
(2) The holder must record the information as each 12
water bore is being drilled. 13
Maximum penalty--50 penalty units. 14
(3) The holder must give to the chief executive a 15
copy of the information about each water bore 16
within 60 business days after the day the drilling 17
of the water bore starts. 18
Maximum penalty for subsection (3)--50 penalty 19
units. 20
983M Replacing lost or destroyed water bore 21
driller's licence 22
(1) If a water bore driller's licence has been lost or 23
destroyed, the licence holder may apply to the 24
chief executive for a replacement licence. 25
(2) The application must be-- 26
(a) in writing; and 27
(b) accompanied by the fee prescribed by 28
regulation. 29
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Part 8 Amendment of Water Act 2000
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(3) If the holder complies with subsection (2), the 1
chief executive must give the holder a 2
replacement licence. 3
Clause 180 Insertion of new ch 8, pt 3C, div 1, hdg 4
Chapter 8, part 3C, before section 992G-- 5
insert-- 6
Division 1 Particular authority for 7
Wenlock Basin 8
Clause 181 Amendment of s 992G (Definitions for pt 3C) 9
(1) Section 992G, heading, `3C'-- 10
omit, insert-- 11
div 1 12
(2) Section 992G, `In this part'-- 13
omit, insert-- 14
In this division 15
(3) Section 992G, definitions specified conditions, threshold 16
limit, Wenlock Basin wild river area and Wenlock Basin Wild 17
River Declaration-- 18
omit. 19
(4) Section 992G-- 20
insert-- 21
Wenlock Basin means the physical river 22
catchments contained within the indicative 23
boundaries shown for the Wenlock Basin in the 24
spatial dataset `Drainage Basins Queensland 25
(IQATLAS.QLD_GENPUR_DR), Department 26
of Natural Resources and Mines 20/1/2009' held 27
in digital electronic form by the chief executive. 28
Note-- 29
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Part 8 Amendment of Water Act 2000
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A map of the Wenlock Basin can be accessed from the 1
dataset by downloading it from the department's website 2
at . 3
Clause 182 Amendment of s 992H (Application of pt 3C) 4
(1) Section 992H, heading, `pt 3C'-- 5
omit, insert-- 6
div 1 7
(2) Section 992H(1) and (2), `part'-- 8
omit, insert-- 9
division 10
(3) Section 992H(1) and (2)(a) and (b), `wild river area'-- 11
omit. 12
Clause 183 Amendment of s 992I (Continuation of authority and grant 13
of water licence to replace authority) 14
Section 992I(7)(b) and (c)-- 15
omit, insert-- 16
(b) an environmental impact statement, or any 17
report or study prepared in support of the 18
environmental impact statement, that deals 19
with taking or interfering with water in the 20
Wenlock Basin, to the extent the 21
environmental impact statement, report or 22
study is not inconsistent with the specified 23
conditions mentioned in paragraph (a). 24
Clause 184 Amendment of s 992J (Amendment of water licence that 25
replaces authority) 26
Section 992J(2)(b) and (c)-- 27
omit, insert-- 28
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Part 8 Amendment of Water Act 2000
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(b) an environmental impact statement, or any 1
report or study prepared in support of the 2
environmental impact statement, that deals 3
with taking or interfering with water in the 4
Wenlock Basin, to the extent the 5
environmental impact statement, report or 6
study is not inconsistent with the specified 7
conditions mentioned in paragraph (a). 8
Clause 185 Insertion of new ch 8, pt 3C, divs 2 and 3 9
Chapter 8, part 3C-- 10
insert-- 11
Division 2 Particular authority for 12
Alcan agreement Act and 13
Comalco agreement Act 14
992K Definitions for div 2 15
In this division-- 16
Alcan agreement Act means the Alcan 17
Queensland Pty. Limited Agreement Act 1965. 18
Comalco agreement Act means the 19
Commonwealth Aluminium Corporation Pty. 20
Limited Agreement Act 1957. 21
relevant company, for a special agreement Act, 22
means the entity that is authorised to obtain water 23
under the special agreement under the special 24
agreement Act. 25
special agreement Act means the Alcan 26
agreement Act or the Comalco agreement Act. 27
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992L Continuation of authority and grant of water 1
licence 2
(1) Subsection (2) applies to a relevant company to 3
the extent a special agreement Act authorises the 4
company to take or interfere with water. 5
(2) The relevant company-- 6
(a) continues to hold the authority to take or 7
interfere with water under the special 8
agreement Act; and 9
(b) also holds an authority under this Act to take 10
or interfere with water to the same extent the 11
relevant company can take or interfere with 12
water under the special agreement Act. 13
(3) A relevant company may, at any time within 2 14
years after the commencement of this section, 15
request the chief executive to grant the company 16
1 or more water licences for the company's take 17
of, or interference with, water under the special 18
agreement Act. 19
(4) A relevant company may make more than 1 20
request under subsection (3). 21
(5) The chief executive must grant the water licence 22
or water licences within 30 business days after 23
receiving the request if-- 24
(a) the relevant company demonstrates to the 25
chief executive's satisfaction that taking or 26
interfering with the water is necessary to 27
support the company's existing or proposed 28
activities under the special agreement Act; 29
and 30
Example-- 31
A recommendation by the Coordinator-General in a 32
report under the State Development and Public 33
Works Organisation Act 1971, part 4 that a water 34
licence under this Act be issued in connection with 35
a coordinated project may demonstrate that taking 36
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Part 8 Amendment of Water Act 2000
[s 185]
or interfering with water by the company is 1
necessary to support a proposed activity. 2
(b) taking or interfering with the water is 3
consistent with the company's authority 4
under the special agreement Act. 5
(6) Chapter 2, part 3, division 2, subdivision 2 does 6
not apply to the grant of a water licence under 7
this section. 8
(7) A relevant company that is granted a water 9
licence under this section may, at any time, 10
request the chief executive to amend the licence. 11
(8) The chief executive must amend the licence 12
within 30 business days after receiving the 13
request if-- 14
(a) the relevant company demonstrates to the 15
chief executive's satisfaction that taking or 16
interfering with the water is necessary to 17
support the company's existing or proposed 18
activities under the special agreement Act; 19
and 20
Example-- 21
A recommendation by the Coordinator-General in a 22
report under the State Development and Public 23
Works Organisation Act 1971, part 4 that a water 24
licence under this Act be issued in connection with 25
a coordinated project may demonstrate that taking 26
or interfering with water by the company is 27
necessary to support a proposed activity. 28
(b) taking or interfering with the water is 29
consistent with the company's authority 30
under the special agreement Act. 31
(9) Chapter 2, part 3, division 2, subdivision 4 does 32
not apply to the amendment of a water licence 33
under this section. 34
(10) A water licence may be granted or amended 35
under this section with or without conditions. 36
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[s 185]
(11) However, any conditions under subsection (10) 1
must not be inconsistent with the special 2
agreement Act. 3
Division 3 Other authorities 4
992M Definitions for div 3 5
In this division-- 6
relevant company, for a special agreement Act, 7
means the entity that is authorised to obtain water 8
under the special agreement Act. 9
special agreement Act see the Environmental 10
Protection Act 1994, section 584. 11
992N Application of div 3 12
(1) This division applies to a relevant company to the 13
extent the company is authorised under a special 14
agreement Act or, if a water licence has been 15
granted to the company under division 2, the 16
water licence to take or interfere with water. 17
(2) However, this division does not apply to the 18
extent division 1 applies. 19
992O Relevant company may request water 20
entitlement 21
(1) This section applies if the chief executive and a 22
relevant company agree to wholly or partly 23
replace the company's authority to take or 24
interfere with water under a special agreement 25
Act with 1 or more water entitlements. 26
(2) The relevant company may request the chief 27
executive to grant the company 1 or more water 28
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Part 8 Amendment of Water Act 2000
[s 185]
entitlements for the company's take of, or 1
interference with, water. 2
(3) The relevant company may make more than 1 3
request under subsection (2) if the company 4
wishes to replace the company's authority to take 5
or interfere with water under a special agreement 6
Act in stages. 7
(4) The request must include sufficient information 8
to support the request. 9
(5) If the relevant company makes a request under 10
subsection (2), the chief executive must, within 11
30 business days after receiving the request, grant 12
the company a water entitlement or water 13
entitlements in accordance with the request. 14
(6) A water entitlement may be granted with or 15
without conditions. 16
(7) Chapter 2, part 3, division 2, subdivision 2 does 17
not apply to the grant of any water entitlement 18
under this section. 19
992P Effect of grant of water entitlement on 20
existing authority to take or interfere with 21
water under the special agreement 22
(1) A relevant company's authority to take or 23
interfere with water continues under the special 24
agreement Act until 1 or more water entitlements 25
are granted under section 992O to wholly replace 26
the authority. 27
(2) However, if 1 or more water entitlements are 28
granted under section 992O that partly replace 29
the authority under the special agreement Act, 30
the relevant company's authority to take or 31
interfere with water under the special agreement 32
Act continues to operate but only to the extent the 33
authority has not been replaced by the water 34
entitlement or water entitlements. 35
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 186]
(3) Subsection (4) applies if the chief executive and 1
the relevant company agree that the water 2
entitlement or water entitlements granted under 3
section 992O wholly replace the company's 4
authority to take or interfere with water under a 5
special agreement Act. 6
(4) After the water entitlement or water entitlements 7
are granted under section 992O to the relevant 8
company to wholly replace the authority under 9
the special agreement Act-- 10
(a) the company may only take or interfere with 11
the water under the water entitlement or 12
water entitlements; and 13
(b) any specified conditions for the special 14
agreement Act cease to have effect. 15
(5) This section applies despite anything to the 16
contrary in the special agreement Act. 17
Clause 186 Omission of ss 1004 and 1004A 18
Sections 1004 and 1004A-- 19
omit. 20
Clause 187 Amendment of s 1006 (Declarations about watercourses) 21
(1) Section 1006(1) and (4), including example-- 22
omit. 23
(2) Section 1006(2A), `(2)'-- 24
omit, insert-- 25
(1) 26
(3) Section 1006(2) and (2A)-- 27
renumber as section 1006(1) and (2). 28
(4) Section 1006(3), `subartesian'-- 29
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[s 188]
omit, insert-- 1
underground 2
Clause 188 Replacement of s 1009 (Public inspection and purchase 3
of documents) 4
Section 1009-- 5
omit, insert-- 6
1009 Public inspection and purchase of 7
documents 8
(1) The chief executive must keep a copy of the 9
following documents available for inspection by 10
the public during office hours on business days at 11
the head office, or at the appropriate regional 12
office, of the department-- 13
(a) until a water plan is approved for a plan 14
area--the draft water plan publicly notified 15
for the area under section 46; 16
(b) each approved water plan; 17
(c) each periodic report for a water plan 18
prepared under section 49; 19
(d) each approved water use plan; 20
(e) each approved water management protocol; 21
(f) each resource operations licence; 22
(g) each distributions operations licence; 23
(h) each interim resource operations licence; 24
(i) each operations licence; 25
(j) each interim water allocation; 26
(k) each water licence; 27
(l) each water permit, including seasonal water 28
assignments; 29
(m) each riverine protection permit issued; 30
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Part 8 Amendment of Water Act 2000
[s 189]
(n) each notice of existing works that allow 1
taking overland flow water required to be 2
given to the chief executive under a water 3
plan; 4
(o) each allocation notice given to an applicant 5
under section 230; 6
(p) each water bore driller's licence; 7
(q) each private water supply agreement. 8
(2) The chief executive may publish a copy of a 9
document mentioned in subsection (1) on the 10
department's website and make it available for 11
inspection by the public in any other way the 12
chief executive considers appropriate. 13
(3) On payment of a fee, a person may purchase a 14
copy of a document available for inspection 15
under this section. 16
(4) The fee for the copy of the document must not be 17
more than the reasonable cost of publishing the 18
copy. 19
Clause 189 Insertion of new s 1009A 20
After section 1009-- 21
insert-- 22
1009A Publishing under this Act 23
(1) This section provides for how an entity may 24
publish a notice, document, information or other 25
thing to a person or persons for this Act. 26
(2) If the thing is a document made by an entity 27
mentioned in chapter 2A, the entity must-- 28
(a) publish a gazette notice about where the 29
document may be inspected free of charge; 30
and 31
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Part 8 Amendment of Water Act 2000
[s 190]
(b) publish the document on the entity's website 1
on the internet or, if the entity is the Minister 2
or chief executive, on the department's 3
website on the internet. 4
(3) Also, if the provision of this Act states the thing 5
must be published in a particular way, the thing 6
must be published in that way. 7
(4) Otherwise, the thing may be published in any 8
way intended, and likely, to bring it to the 9
attention of the person or persons to whom it is to 10
be published, including, for example, in any of 11
the following ways considered to be appropriate 12
in the particular circumstances of the 13
requirement-- 14
(a) in any way a thing required to be served on a 15
person may be served; 16
(b) by announcing the thing over a radio station 17
broadcasting generally throughout the area 18
in which the person or persons reside; 19
(c) publishing the thing in a newspaper 20
circulating generally throughout the area in 21
which the person or persons reside; 22
(d) publishing the thing on the department's 23
website on the internet; 24
(e) publishing the thing by gazette notice. 25
(5) Subsections (2) and (3) do not prevent the thing 26
also being published in other ways. 27
Clause 190 Insertion of new s 1013AA 28
After section 1013-- 29
insert-- 30
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 191]
1013AA Acceptance of particular requests and 1
applications not in the approved form 2
(1) Subsection (2) applies if a provision of this Act 3
requires or otherwise provides for a request or 4
application to be made in an approved form. 5
(2) Despite the approval of a form for use for the 6
request or application, the chief executive may 7
accept a document, not in the approved form, that 8
purports to make the request or application if the 9
chief executive is satisfied that-- 10
(a) the nature of the request or application is 11
clear; and 12
(b) the document contains enough information 13
to allow the chief executive to act on the 14
request or application. 15
Clause 191 Insertion of new ss 1013C and 1013CA 16
After section 1013B-- 17
insert-- 18
1013C Fees--payment methods 19
(1) A regulation may prescribe the methods to be 20
used for payment of fees payable under this Act. 21
(2) An approved form for a document under this Act 22
may state the methods to be used for payment of 23
any fee relating to the form. 24
(3) A method prescribed or approved to be used for 25
the payment of a fee under subsection (1) or (2) is 26
an approved payment method for the fee. 27
1013CA Fees--evidence and timing of payment 28
(1) This section applies to a person if-- 29
(a) a document lodged by the person must be 30
accompanied by a fee under this Act; and 31
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[s 192]
(b) the person uses an approved payment 1
method to pay the fee; and 2
(c) the fee is received by the entity to which the 3
fee must be paid within the prescribed 4
period for receiving an amount using the 5
approved payment method. 6
(2) The fee is taken to accompany the document if 7
the document is accompanied by evidence of the 8
fee having been paid using the approved payment 9
method. 10
Example-- 11
a receipt for an electronic funds transfer 12
(3) If the document is accompanied by evidence of 13
the fee having been paid using the approved 14
payment method, the fee is taken to have been 15
paid at the time the person lodged the document 16
under this Act. 17
Clause 192 Amendment of s 1013E (Advice to Petroleum Act Minister 18
about commission of particular offences) 19
(1) Section 1013E, heading, `Petroleum Act Minister'-- 20
omit, insert-- 21
administering Minister 22
(2) Section 1013E(2), `Petroleum Act Minister'-- 23
omit, insert-- 24
administering Minister 25
(3) Section 1013E(3)-- 26
omit, insert-- 27
(3) In this section-- 28
administering Minister means-- 29
(a) if the offence is committed by a person who 30
is the holder of a mining tenure--the 31
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[s 193]
Minister administering the Mineral 1
Resources Act; or 2
(b) if the offence is committed by a person who 3
is the holder of a petroleum tenure--the 4
Minister administering the Petroleum Act 5
1923 and the Petroleum and Gas Act. 6
chief executive means the chief executive of the 7
department in which chapter 3 is administered. 8
Clause 193 Amendment of s 1014 (Regulation-making power) 9
Section 1014(2)(ga), (gb), (gc) and (h)-- 10
omit. 11
Clause 194 Amendment of s 1046 (Declared subartesian areas) 12
(1) Section 1046, heading, `subartesian areas'-- 13
omit, insert-- 14
underground water areas 15
(2) Section 1046, `a subartesian area'-- 16
omit, insert-- 17
an underground water area 18
(3) Section 1046, `subartesian water'-- 19
omit, insert-- 20
underground water 21
Clause 195 Omission of s 1117A (When conditions of supply contract 22
do not apply) 23
Section 1117A-- 24
omit. 25
Page 319
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Part 8 Amendment of Water Act 2000
[s 196]
Clause 196 Omission of ch 9, pt 5, div 8 (Transitional provisions for 1
Statutory Bodies Legislation Amendment Act 2007) 2
Chapter 9, part 5, division 8-- 3
omit. 4
Clause 197 Omission of ch 9, pt 5, div 10 (Transitional provisions for 5
Local Government and Other Legislation (Indigenous 6
Regional Councils) Amendment Act 2007) 7
Chapter 9, part 5, division 10-- 8
omit. 9
Clause 198 Omission of s 1166 (Codes for assessment under the 10
Sustainable Planning Act 2009) 11
Section 1166-- 12
omit. 13
Clause 199 Omission of ch 9, pt 5, div 15 (Transitional provisions for 14
South-East Queensland Water (Distribution and Retail 15
Restructuring) and Other Legislation Amendment Act 16
2010) 17
Chapter 9, part 5, division 15-- 18
omit. 19
Clause 200 Omission of ch 9, pt 5, div 18 (Transitional provision for 20
Water Legislation (Dam Safety and Water Supply 21
Enhancement) and Other Legislation Amendment Act 22
2012) 23
Chapter 9, part 5, division 18-- 24
omit. 25
Clause 201 Amendment of ch 9 (Transitional provisions and repeals) 26
Chapter 9-- 27
Page 320
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
insert-- 1
Part 8 Transitional and saving 2
provisions for Water 3
Reform And Other 4
Legislation 5
Amendment Act 2014 6
1250 Definitions for pt 8 7
In this part-- 8
amended Act means this Act as in force after the 9
commencement. 10
application includes a request and a submission 11
for a decision by the chief executive. 12
commencement means the commencement of 13
this section. 14
consultation process, for a resource operations 15
plan, means a process under which-- 16
(a) the Minister has published a notice about a 17
draft water resource plan, including an 18
amending or replacement plan, for public 19
consultation; or 20
(b) the chief executive has published a notice 21
about a draft resource operations plan, 22
including an amending or replacement plan, 23
for public consultation. 24
corresponding provision, of the amended Act, 25
for a matter, means the provision of that Act that 26
corresponds, or most closely corresponds, to a 27
provision of the unamended Act for that matter. 28
new, in relation to a provision number, means the 29
provision of that number of the amended Act. 30
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Part 8 Amendment of Water Act 2000
[s 201]
old, in relation to a provision number, means the 1
provision of that number of the unamended Act. 2
unamended Act means this Act as in force 3
immediately before the commencement. 4
1251 Existing authorisations continue to have 5
effect 6
(1) This section applies to a licence, permit, notice, 7
or other authorisation (each an authorisation) 8
granted by the chief executive or otherwise given 9
under chapter 2 of the unamended Act that is in 10
force immediately before the commencement. 11
(2) The authorisation is taken to continue in force 12
under the corresponding provisions of the 13
amended Act according to its terms and 14
conditions. 15
Examples-- 16
1 A water bore driller's licence under the unamended 17
Act continues in force as a water bore driller's 18
licence under the amended Act. 19
2 An allocation notice for quarry material under the 20
unamended Act continues in force as an allocation 21
notice for quarry material under the amended Act. 22
1252 Limitations and prohibitions relating to water 23
in force before commencement 24
(1) Subsection (2) applies if-- 25
(a) the Minister or chief executive has 26
published a notice limiting or prohibiting 27
taking or interfering with water; and 28
(b) the notice is in force at the commencement. 29
(2) The notice continues in force after the 30
commencement and has effect as if the 31
unamended Act had not been amended. 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(3) Subsection (4) applies if a regulation limiting or 1
prohibiting taking or interfering with water is in 2
force under the amended Act at the 3
commencement. 4
(4) The regulation continues in force after the 5
commencement and has effect as if the 6
unamended Act had not been amended. 7
1253 Continuation under the amended Act of 8
notices or documents published by Minister or 9
chief executive 10
(1) This section applies if-- 11
(a) the Minister or the chief executive has 12
published a notice or other document before 13
the commencement; and 14
(b) the process relating to the notice or 15
document has not been completed before the 16
commencement; and 17
(c) there are corresponding provisions for 18
dealing with the notice or document under 19
the amended Act. 20
(2) The notice or document is taken to be given 21
under the corresponding provisions of the 22
amended Act and may be continued under that 23
Act after the commencement. 24
(3) This section does not apply to a notice under 25
section 1252. 26
Example-- 27
If the Minister has published a notice of proposal to 28
prepare a draft water resource plan under the 29
unamended Act, the process may continue to make a 30
draft water plan under the amended Act. 31
Page 323
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
1254 Request or notice by chief executive under 1
unamended Act 2
(1) This section applies if-- 3
(a) the chief executive has, before the 4
commencement, given a notice or made a 5
request under the unamended Act for a 6
person, entity or constructing authority to 7
give information, to comply with conditions 8
or to do anything else; and 9
(b) the person, entity or constructing authority 10
has not complied with the notice or request 11
before the commencement. 12
(2) The notice or request is taken to be given under 13
the corresponding provisions of the amended Act 14
and may be continued under that Act after the 15
commencement. 16
(3) This section does not apply to a notice under 17
section 1267. 18
1255 Submissions made to Minister under 19
unamended Act 20
(1) This section applies if-- 21
(a) a person or other entity has, before the 22
commencement, made a submission to the 23
Minister under the unamended Act; and 24
(b) the process relating to the submission has 25
not been completed before the 26
commencement. 27
(2) The submission must be dealt with under the 28
unamended Act after the commencement. 29
1256 Water resource plans taken to be water plans 30
(1) A water resource plan in force immediately 31
before the commencement continues in force 32
Page 324
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
under the amended Act as a water plan from the 1
commencement. 2
(2) However, subsection (1) does not apply to a 3
water resource plan if at the commencement-- 4
(a) the Minister has published a notice about a 5
draft water resource plan, including an 6
amending or replacement plan, for public 7
consultation; or 8
(b) the chief executive has published a notice 9
about a draft resource operations plan, 10
including an amending or replacement plan, 11
for public consultation. 12
(3) For a water resource plan mentioned in 13
subsection (2)-- 14
(a) the plan continues in force and must be dealt 15
with under the unamended Act as if the 16
unamended Act had not been amended; and 17
(b) the plan becomes a water plan under the 18
amended Act-- 19
(i) if the Minister has published a notice 20
about a draft water resource plan, 21
including an amending or replacement 22
plan, for public consultation and 23
subparagraph (iii) does not apply--on 24
approval by the Governor in Council of 25
the final draft of the water resource 26
plan; or 27
(ii) if the chief executive has published a 28
notice about a draft resource operations 29
plan, including an amending or 30
replacement plan, for public 31
consultation and subparagraph (iii) 32
does not apply--on approval by the 33
Governor in Council of the final draft 34
of the resource operations plan; or 35
Page 325
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(iii) if the circumstances mentioned in 1
subparagraphs (i) and (ii) both 2
apply--on approval by the Governor in 3
Council of both the final draft of the 4
water resource plan and the final draft 5
of the resource operations plan. 6
1257 References to water resource plans taken to 7
be references to water plans 8
From the commencement, a reference in an Act or 9
document to a water resource plan may, if the context 10
permits, be taken to be a reference to a water plan. 11
1258 Notices given, or submissions made, to chief 12
executive under unamended Act 13
(1) This section applies if-- 14
(a) a person, constructing authority or other 15
entity has, before the commencement, given 16
a notice or made a submission to the chief 17
executive; and 18
(b) the process relating to the notice or 19
submission has not been completed before 20
the commencement; and 21
(c) there are corresponding provisions for 22
dealing with the notice or submission under 23
the amended Act. 24
(2) The notice or submission is taken to be given 25
under the corresponding provisions of the 26
amended Act and may be continued under that 27
Act after the commencement. 28
Page 326
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
1259 Stated provisions of a resource operations 1
plan are taken to be, or are included in, other 2
documents 3
(1) This section applies to a resource operations plan 4
in force immediately before the commencement. 5
(2) On the commencement, the provisions of the 6
resource operations plan-- 7
(a) if section 1260 applies--are taken to be 8
omitted from the plan and included in a 9
resource operations licence; or 10
(b) if section 1261 applies--are taken to be 11
omitted from the plan and to be an 12
operations manual; or 13
(c) if section 1262 applies--are taken to be 14
omitted from the plan and included in a 15
distribution operations licence; or 16
(d) if section 1263 applies--are taken to be 17
omitted from the plan and included in a 18
water licence; or 19
(e) if section 1264 applies--are taken to be 20
omitted from the plan and included in a 21
water plan; or 22
(f) if they are not taken to be, or taken to be 23
included in, a document mentioned in 24
paragraphs (a) to (e) and, under the 25
amended Act, the provisions of the plan deal 26
with a matter that is able to be included in a 27
water management protocol--are taken to 28
be omitted from the plan and to be a water 29
management protocol; or 30
(g) if they are not taken to be, or taken to be 31
included in, a document mentioned in 32
paragraphs (a) to (f)--cease to have effect. 33
Page 327
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(3) For a resource operations plan that is not subject 1
to a consultation process, subsection (2) applies 2
from the commencement. 3
(4) For a resource operations plan that is subject to a 4
consultation process-- 5
(a) the plan continues in force and must be dealt 6
with under the unamended Act as if the 7
unamended Act had not been amended; and 8
(b) subsection (2) applies to the provisions of 9
the plan from-- 10
(i) if the Minister has released a draft 11
amending or replacement water 12
resource plan for public consultation 13
and subparagraph (iii) does not 14
apply--the approval by the Governor 15
in Council of the final draft of the 16
water resource plan; or 17
(ii) if the chief executive has released a 18
draft resource operations plan under 19
the water resource plan for public 20
consultation and subparagraph (iii) 21
does not apply--the approval by the 22
Governor in Council of the final draft 23
of the resource operations plan; or 24
(iii) if the conditions mentioned in 25
subparagraphs (i) and (ii) both 26
apply--the approval by the Governor 27
in Council of both the final draft of the 28
water resource plan and the final draft 29
of the resource operations plan. 30
(5) Subsection (6) applies to a document mentioned 31
in subsection (2)(a) to (d) and (2)(f). 32
(6) The chief executive may prepare or amend the 33
document to give effect to this section, in the way 34
the chief executive considers appropriate. 35
Page 328
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
1260 Provisions of resource operations plan taken 1
to be included in a resource operations licence 2
For section 1259(2)(a), the provisions are the 3
following provisions relevant to a water supply 4
scheme-- 5
(a) the monitoring and reporting arrangements; 6
(b) the infrastructure details, including any full 7
supply level stated in the resource 8
operations plan; 9
(c) authority to use watercourses to distribute 10
water; 11
(d) matters relating to the implementation of, 12
and compliance with, the resource 13
operations plan. 14
1261 Provisions of a resource operations plan 15
taken to be an operations manual 16
For section 1259(2)(b), the provisions are the 17
following provisions relevant to a water supply 18
scheme-- 19
(a) the operating rules, other than the authority 20
to use watercourses to distribute water; 21
(b) the environmental management rules; 22
(c) the water sharing rules; 23
(d) the seasonal water assignment rules. 24
1262 Provisions of resource operations plan taken 25
to be included in a distribution operations 26
licence 27
For section 1259(2)(c), the provisions are the 28
provisions stating the responsibilities for the holder of 29
a distribution operations licence. 30
Page 329
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
1263 Provisions of resource operations plan taken 1
to be included in a water licence 2
For section 1259(2)(d), the provisions are the 3
following provisions that are relevant to a water 4
licence to interfere with the flow of water-- 5
(a) the monitoring and reporting arrangements; 6
(b) the infrastructure details, including any full 7
supply level stated in the resource 8
operations plan. 9
1264 Provisions of resource operations plan taken 10
to be included in a water plan 11
(1) For section 1259(2)(e), the provisions are the 12
provisions that are relevant to-- 13
(a) resource operations plan zones; or 14
(b) a catchment area, subcatchment areas or 15
subartesian areas; or 16
(c) the criteria and process for granting, 17
refusing, amending or otherwise dealing 18
with water licences; or 19
(d) the volume or volumes of unallocated water 20
reserved or available to be released. 21
1265 Provisions of Burnett water resource plan 22
taken to be included in operations manual 23
(1) This section applies to the rules for taking or 24
sharing water under the Water Resource (Burnett 25
Basin) Plan 2014, section 32 (the water plan). 26
Note-- 27
On the commencement of the Water Reform and Other 28
Legislation Amendment Act 2014, schedule 2, the Water 29
Resource (Burnett Basin) Plan 2014 may be cited as the 30
Water Plan (Burnett Basin) 2014. 31
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(2) Subsection (3) applies to rules for taking or 1
sharing water under the water plan that are in 2
force immediately before the commencement. 3
(3) Immediately after the commencement of section 4
1261, the rules are taken to replace the provisions 5
of the operations manual (as provided for under 6
section 1261) that deal with the same subject 7
matter. 8
(4) Subsection (5) applies to rules for taking or 9
sharing water under the water plan that are not 10
commenced on the commencement of this 11
section. 12
(5) Immediately after the commencement of section 13
1261-- 14
(a) the rules are taken to be included in the 15
operations manual (as provided for under 16
section 1261) as uncommenced rules; and 17
(b) on 1 July 2015, the rules replace the 18
provisions of the operations manual that 19
deal with the same subject matter. 20
1266 References to resource operations plans 21
In an Act or document, a reference to a resource 22
operations plan may, if the context permits, be taken to 23
be a reference to whichever of the following 24
documents is relevant to the reference having regard to 25
sections 1259 to 1264-- 26
(a) a resource operations licence; 27
(b) an operations manual; 28
(c) a distribution operations licence; 29
(d) a water licence; 30
(e) a water plan; 31
(f) a water management protocol. 32
Page 331
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
Example-- 1
A condition of a resource operations licence might be that the 2
holder of the licence comply with the provisions of a resource 3
operations plan. Having regard to sections 1259(2)(b) and 4
1261, the reference in the condition to the resource operations 5
plan is to be read as a reference to the operations manual. 6
1267 Request to water infrastructure operators to 7
provide proposed arrangements for 8
management of water 9
(1) Subsection (2) applies if-- 10
(a) the chief executive has, before the 11
commencement, given a notice under 12
section 97 of the unamended Act to a holder 13
mentioned in the section requesting the 14
holder to provide proposed arrangements for 15
the management of water; and 16
(b) the holder has not provided the proposed 17
arrangements before the commencement. 18
(2) The notice continues to have effect after the 19
commencement and the unamended Act 20
continues to apply in relation to the notice. 21
(3) Subsection (4) applies if-- 22
(a) proposed arrangements are provided in 23
response to a notice under section 97 of the 24
unamended Act, whether the arrangements 25
are provided before or after the 26
commencement; and 27
(b) before the commencement, no notice has 28
been published about the draft resource 29
operations plan under section 100 of the 30
unamended Act. 31
(4) The proposed arrangements are taken to be 1 of 32
the following under the amended Act having 33
regard to the transitional provisions under this 34
part for resource operations plans-- 35
Page 332
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(a) an operations manual submitted to the chief 1
executive for approval; 2
(b) an application to amend or replace an 3
operations manual; 4
(c) an application to amend a resource 5
operations licence or distribution operations 6
licence. 7
1268 Applications made but not decided before 8
commencement 9
(1) This section applies if, before the 10
commencement-- 11
(a) the Minister or the chief executive had 12
received an application under chapter 2 of 13
the unamended Act; and 14
(b) the Minister or the chief executive had not 15
decided the application. 16
(2) If this Act provides for an equivalent application, 17
the application is taken to have been made, and 18
may be dealt with, under the corresponding 19
provisions of this Act. 20
(3) This section does not apply to an application for a 21
water licence. 22
Examples-- 23
1 An application to vary the effect of a moratorium 24
notice under the unamended Act is taken to be an 25
application to vary the effect of the moratorium 26
notice under the amended Act. 27
2 An application for a dealing with a water allocation 28
under the unamended Act is taken to be an 29
application for a dealing with a water allocation 30
under the amended Act. 31
3 An application for a permit relating to riverine 32
protection under the unamended Act is taken to be an 33
application relating to riverine protection under the 34
amended Act. 35
Page 333
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
1269 Applications decided but not given effect 1
before commencement 2
(1) This section applies if the Minister or chief 3
executive has decided an application under the 4
unamended Act but the process following the 5
decision has not been completed. 6
(2) The Minister or chief executive must complete 7
the process under the unamended Act after the 8
commencement as if the unamended Act had not 9
been amended. 10
(3) If the completion of the process results in the 11
issue of an authorisation under the unamended 12
Act, the authorisation is taken to continue in 13
force under the corresponding provisions of the 14
amended Act according to its terms and 15
conditions. 16
(4) If the completion of the process results in the 17
variation of a notice under the unamended Act, 18
the variation is taken to continue in force under 19
the corresponding provisions of the amended Act 20
according to its terms and conditions. 21
Example for subsection (4)-- 22
If the Minister grants an application to vary a 23
moratorium notice under the unamended Act, the effect 24
of the variation for the applicant continues under the 25
amended Act. 26
(5) A review of, or an appeal against, a decision of 27
the Minister or the chief executive must be dealt 28
with under the unamended Act. 29
1270 Certificates or notices about water 30
allocations continue under the amended Act 31
(1) This section applies to-- 32
(a) a certificate under the unamended Act 33
relating to an application for a dealing with 34
a water allocation if the certificate is valid 35
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
and the dealing to which it relates has not 1
been recorded in the register; or 2
(b) a notice given under section 101(1)(a), (b) 3
or (c) of the unamended Act if the notice is 4
in force and the ownership or interest to 5
which it relates has not been recorded in the 6
register. 7
(2) The certificate or notice continues to have effect 8
and may be dealt under the amended Act. 9
1271 Interim resource operations licences and 10
interim water allocations 11
(1) This section applies if, before the 12
commencement, interim resource operations 13
licences or interim water allocations under 14
chapter 2, part 5 (as in force at any relevant time) 15
have not been converted or replaced. 16
(2) Chapter 2, part 5 of the unamended Act continues 17
to apply, after the commencement, until the 18
interim resource operations licences or interim 19
water allocations have been converted or 20
replaced. 21
1272 Applications about a water licence under 22
unamended Act if required notice has not 23
been published 24
(1) This section applies if-- 25
(a) a person has, before the commencement, 26
made an application about a water licence; 27
and 28
(b) there is a requirement to publish a notice in 29
relation to the application and the notice has 30
not been published before the 31
commencement. 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(2) Subsection (3) applies if the granting of the 1
application would do 1 or more of the matters 2
listed in section 130. 3
(3) The application must be dealt with as if it were an 4
application for a new licence under the amended 5
Act. 6
(4) Subsection (5) applies if the granting of the 7
application does not do any of the matters listed 8
in section 130. 9
(5) The application must be dealt with as an 10
application for a dealing under the amended Act. 11
1273 Notices published about an application under 12
unamended Act 13
(1) This section applies if-- 14
(a) before the commencement-- 15
(i) a person has published a notice about 16
an application for a water licence or a 17
dealing with a water allocation under 18
the unamended Act; and 19
(ii) the process relating to the application 20
has not been completed; and 21
(b) there are corresponding provisions for 22
dealing with the notice under the amended 23
Act. 24
(2) The notice is taken to be published under the 25
corresponding provisions of the amended Act 26
and the application must be continued under the 27
amended Act as if it were an application for a 28
new licence or dealing with a water allocation. 29
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[s 201]
1274 Show cause process started before 1
commencement 2
(1) This section applies if a show cause process for a 3
matter was started under the unamended Act 4
before the commencement but is not completed 5
before the commencement. 6
(2) The show cause process must be completed 7
under the unamended Act after the 8
commencement as if the unamended Act had not 9
been amended. 10
1275 Referral panels continued under amended 11
Act 12
(1) This section applies to the following-- 13
(a) the referral panel established by the chief 14
executive under section 1004 of the 15
unamended Act; 16
(b) the referral panel established by the Minister 17
under section 1004A of the unamended Act. 18
(2) The 2 panels continue as a single referral panel as 19
if it were established under section 241 after the 20
commencement. 21
(3) On the commencement, a member of the single 22
panel is to continue to be paid the fees and 23
allowances decided by the Governor in Council 24
under section 1004 of the unamended Act until 25
changed by the Governor in Council under 26
section 241. 27
(4) The term of a member of the single panel ends on 28
30 March 2017 or an earlier day the member's 29
appointment is terminated by the Governor in 30
Council. 31
(5) For matters referred to the panels before the 32
commencement, the single panel must consider 33
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Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
the matters referred under the unamended Act as 1
if that Act had not been amended. 2
1276 Unallocated water release process started 3
before commencement 4
(1) This section applies if-- 5
(a) the chief executive has, before the 6
commencement, started a process for 7
releasing unallocated water under the 8
unamended Act; and 9
(b) the process relating to the release of the 10
water has not been completed before the 11
commencement. 12
(2) The chief executive must complete the process 13
under the unamended Act after commencement. 14
(3) If the completion of the process results in the 15
issue of an authorisation under the unamended 16
Act, the authorisation is taken to continue in 17
force under the corresponding provisions of the 18
amended Act according to its terms and 19
conditions. 20
1277 Special provision for particular petroleum 21
tenure holders 22
(1) The holder of a relevant petroleum tenure may 23
request the chief executive to grant an authority 24
under this Act to take or interfere with 25
underground water in the area of the tenure-- 26
(a) if the relevant petroleum tenure is a 1923 27
Act tenure--for use in the carrying out of an 28
activity the holder is authorised to carry out 29
under the Petroleum Act 1923; or 30
(b) if the relevant petroleum tenure is a 2004 31
Act tenure--for use in the carrying out of 32
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[s 201]
another authorised activity mentioned in the 1
Petroleum and Gas Act, section 186(2). 2
(2) The holder of a relevant petroleum tenure may 3
make the request at any time before the end of-- 4
(a) if the area of the tenure is in the area 5
declared by gazette notice under this Act on 6
18 March 2011 to be a cumulative 7
management area and referred to as the 8
Surat Cumulative Management Area--the 9
day 5 years after the commencement; or 10
(b) if the area of the tenure is not in the area 11
mentioned in paragraph (a)--the day 2 years 12
after the commencement. 13
(3) The request must include sufficient information 14
to support the request. 15
(4) In considering a request made by the holder of a 16
1923 Act tenure, the chief executive must 17
consider the following matters-- 18
(a) the historical take of underground water by 19
the holder of the tenure, including under a 20
permission granted under the Petroleum Act 21
1923, section 86; 22
(b) any take of underground water necessary to 23
carry out the holder's work program for an 24
authority to prospect or its development plan 25
for a petroleum lease; 26
(c) whether it is appropriate, having regard to 27
the request, to consider the grant of 1 or 28
more water licences or water permits or a 29
combination of 1 or more water licences and 30
1 or more water permits; 31
(d) if 1 or more water licences are considered to 32
be appropriate, the matters mentioned in 33
section 113(a), (b) and (e); 34
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[s 201]
(e) if 1 or more water permits are considered to 1
be appropriate, the matters mentioned in 2
section 138(b) to (e). 3
(5) In considering a request made by the holder of a 4
2004 Act tenure, the chief executive must 5
consider the following matters-- 6
(a) the historical take of underground water by 7
the holder of the petroleum tenure, other 8
than the take of associated water under the 9
Petroleum and Gas Act, section 185; 10
(b) any take of water reported to the chief 11
executive as required under the Petroleum 12
and Gas Act, section 186; 13
(c) any take of underground water necessary to 14
carry out the holder's work program for an 15
authority to prospect or its development plan 16
for a petroleum lease; 17
(d) whether it is appropriate, having regard to 18
the request, to consider the grant of 1 or 19
more water licences or water permits or a 20
combination of 1 or more water licences and 21
1 or more water permits; 22
(e) if 1 or more water licences are considered to 23
be appropriate, the matters mentioned in 24
section 113(a), (b) and (e); 25
(f) if 1 or more water permits are considered to 26
be appropriate, the matters mentioned in 27
section 138(b) to (e). 28
(6) To the extent the holder of a relevant petroleum 29
tenure demonstrates the need for an authority, the 30
chief executive must grant 1 or more water 31
licences or water permits or a combination of 1 or 32
more water licences and 1 or more water permits, 33
with or without conditions. 34
(7) Subject to subsections (4)(d) and (e) and (5)(e) 35
and (f), chapter 2, part 3 does not apply to the 36
Page 340
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
grant of a water licence or water permit under 1
this section. 2
(8) Within 30 days after deciding the request, the 3
chief executive must give the holder of a relevant 4
petroleum tenure an information notice about the 5
decision. 6
(9) In this section-- 7
1923 Act tenure means an authority to prospect 8
or petroleum lease under the Petroleum Act 1923. 9
2004 Act tenure means a petroleum tenure under 10
the Petroleum and Gas Act-- 11
(a) that is in force on the commencement; or 12
(b) if the petroleum tenure was not in force on 13
the commencement--for which an 14
application was made before the 15
commencement but which had not been 16
granted on the commencement. 17
historical take, of underground water, includes, 18
for example, the volume of water taken, the 19
location of take and works relating to the take. 20
holder, of a relevant petroleum tenure, means-- 21
(a) the holder of a 1923 Act tenure; or 22
(b) the holder of a 2004 Act tenure. 23
relevant petroleum tenure means a 1923 Act 24
tenure or a 2004 Act tenure. 25
1278 Provision for old s 365 (Declaring cumulative 26
management areas) 27
(1) This section applies to an area declared to be a 28
cumulative management area under old section 29
365. 30
(2) The declaration of the area continues to have 31
effect-- 32
Page 341
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
(a) after the commencement as if it had been 1
validly made under new section 365; and 2
(b) until a further declaration for the area is 3
made under section 365. 4
(3) To remove any doubt, it is declared that-- 5
(a) the declaration of the area under old section 6
365 applies, and always applied, in relation 7
to-- 8
(i) each holder of a petroleum tenure in 9
the cumulative management area when 10
the declaration was made; and 11
(ii) each holder of a petroleum tenure in 12
the area that was, or is, granted after 13
the declaration was made; and 14
(b) each holder of a petroleum tenure in the 15
cumulative management area is a holder of a 16
CMA tenure for the area for this Act; and 17
(c) the declaration of the area does not apply, 18
and never has applied, in relation to the 19
holder of a mining tenure in the cumulative 20
management area. 21
(4) If the area of a petroleum tenure is partly within 22
and partly outside the cumulative management 23
area, the area is taken to include, and to have 24
always included, the whole of the petroleum 25
tenure. 26
(5) A petroleum tenure to which a declaration under 27
old section 365 applies is taken to be a petroleum 28
tenure identified in a gazette notice declaring a 29
CMA for the purposes of chapter 3. 30
Page 342
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 201]
1279 Provision for existing agreements between 1
mining tenure holders and bore owners 2
(1) This section applies if, on the commencement, an 3
agreement is in force between a holder of a 4
mineral development licence or mining lease and 5
a bore owner about a water bore affected, or 6
likely to be affected, by taking or interfering with 7
underground water in the area of the licence or 8
lease. 9
(2) From the commencement-- 10
(a) the holder is taken to have complied with the 11
holder's obligation to undertake a bore 12
assessment for the bore under chapter 3, part 13
5, division 2; and 14
(b) the agreement is taken to be a make good 15
agreement entered into between the holder 16
and bore owner for the water bore for the 17
purposes of chapter 3, part 5. 18
1280 Continuation of effect of ss 812A and 812B 19
Despite the repeal of sections 812A and 812B, the 20
sections are taken to continue in force for a proceeding 21
for a contravention of this Act, to which the sections 22
applied, if the contravention happened before the 23
commencement of this section. 24
1281 Transitional regulation-making power 25
(1) A regulation (a transitional regulation) may 26
make provision of a savings or transitional nature 27
to allow or facilitate the change from the 28
operation of the unamended Act to the operation 29
of the amended Act. 30
(2) A transitional regulation may have retrospective 31
operation to a day not earlier than the day this 32
section commences. 33
Page 343
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
(3) A transitional regulation must declare it is a 1
transitional regulation. 2
(4) This section and any transitional regulation 3
expire 1 year after the commencement. 4
Clause 202 Amendment of sch 4 (Dictionary) 5
(1) Schedule 4, definitions accredited ERMP, corporatised entity, 6
cumulative management area, declared pest, deferred aspect, 7
domestic purposes, downstream limit, drainage feature, 8
ecological outcome, employee of the employing office, 9
employing office, environmental flow objective, environmental 10
management rules, establishment regulation, executive officer, 11
final report, full supply level, incoming owner, interim 12
resource operations licence, interim water allocation, lake, 13
nominator, nominee, operator, process, proposed Barlil Weir, 14
publish, ratepayer, relevant company, relevant dam, resource 15
operations plan, seasonal water assignment notice, special 16
agreement Act, specified conditions, spring, sustainable 17
management, threshold limit, underground water, 18
underground water impact report, underground water rights, 19
upstream limit, volumetric limit, water allocation, water 20
allocation change rules, water allocation group, water 21
allocation security objective, water monitoring authority, 22
water resource plan, water sharing rules, water supply 23
scheme, water year, Wenlock Basin wild river area and 24
Wenlock Basin Wild River Declaration-- 25
omit. 26
(2) Schedule 4-- 27
insert-- 28
acknowledgement notice see section 155(6). 29
affected person, for a draft or final water 30
entitlement notice, means each of the following 31
persons-- 32
(a) the holder or the proposed holder of a water 33
entitlement; 34
Page 344
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
(b) the holder of a resource operations licence; 1
(c) the holder of a distribution operations 2
licence; 3
(d) the applicant for a water licence. 4
Alcan agreement Act, for chapter 8, part 3C, 5
division 2--see section 992K. 6
approved payment method, for a fee, see section 7
1013C. 8
aquifer means a geological structure, formation 9
or formations that holds water in sufficient 10
quantity to provide a source of water that can be 11
tapped by a bore. 12
closing CMA tenure, for chapter 3, see section 13
362. 14
CMA tenure, for chapter 3, see section 362. 15
Comalco agreement Act, for chapter 8, part 3C, 16
division 2--see section 992K. 17
coordinated project has the meaning given in the 18
State Development and Public Works 19
Organisation Act 1971. 20
corporatised entity, means the commercialised 21
business unit, previously within the department 22
and known as State Water Projects, corporatised 23
under the Government Owned Corporations Act 24
1993. 25
cumulative management area, for chapter 3, see 26
section 362. 27
dealing, with a water licence, means a dealing 28
mentioned in section 120. 29
designated watercourse means the part of a 30
watercourse identified as a designated 31
watercourse on the watercourse identification 32
map. 33
Page 345
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
domestic purposes see section 6. 1
downstream limit, of a watercourse, means-- 2
(a) if a point is identified on the watercourse 3
identification map as the downstream limit 4
of the watercourse--the point identified on 5
the map; or 6
(b) otherwise--the point to which the high 7
spring tide ordinarily flows and reflows in 8
the watercourse, whether due to a natural 9
cause or to an artificial barrier. 10
drainage feature means-- 11
(a) if a feature is identified on the watercourse 12
identification map as a drainage 13
feature--the feature identified on the map; 14
or 15
(b) otherwise--a natural landscape feature, 16
including a gully, drain, drainage depression 17
or other erosion feature that-- 18
(i) is formed by the concentration of, or 19
operates to confine or concentrate, 20
overland flow water during and 21
immediately after rainfall events; and 22
(ii) flows for only a short duration after a 23
rainfall event, regardless of the 24
frequency of flow events; and 25
(iii) commonly, does not have enough 26
continuing flow to create a riverine 27
environment. 28
Example for paragraph (b)(iii)-- 29
There is commonly an absence of water 30
favouring riparian vegetation. 31
element of a water allocation see section 143. 32
Page 346
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
environmental flow objective means a flow 1
objective stated in a water plan to protect the 2
share of water available to the environment. 3
environmental management rules, for a water 4
management protocol, resource operations 5
licence or operations manual, means the 6
environmental management rules included in the 7
relevant protocol, licence or manual. 8
environmental outcome means a consequence 9
for an ecosystem in its component parts specified 10
for aquifers, drainage basins, catchments, 11
subcatchments and watercourses. 12
establishment regulation means a regulation, 13
made under section 548 before the 14
commencement of this definition, establishing a 15
water authority. 16
executive officer, of a corporation, means a 17
person who is concerned with, or takes part in, 18
the corporation's management, whether or not 19
the person is a director or the person's position is 20
given the name of executive officer. 21
final report, for a resource tenure, for chapter 3, 22
see section 362. 23
full supply level means for a dam generally, the 24
level of the dam's water surface when water 25
storage is at maximum operating level without 26
being affected by flood. 27
incoming owner, for chapter 2, part 3, division 5, 28
subdivision 3, see section 188(1)(b). 29
interference, with the flow of water in a 30
watercourse lake or spring, includes interference 31
with the flow of water-- 32
(a) by impoundment, for example, by a dam, 33
weir or excavation that stores water; 34
Page 347
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
(b) by diversion, for example, by works such as 1
a diversion channel that-- 2
(i) divert the course of water in a 3
watercourse outside of its bed and 4
banks; and 5
(ii) may rejoin a watercourse downstream. 6
lake-- 7
(a) if a feature is identified on the watercourse 8
identification map as a lake--means the 9
feature identified on the map; or 10
(b) otherwise, includes-- 11
(i) a lagoon, swamp or other natural 12
collection of water, whether permanent 13
or intermittent; and 14
(ii) the bed and banks and any other 15
element confining or containing the 16
water. 17
lateral limits, in relation to a watercourse, see 18
section 5(5). 19
maximum rate, for chapter 2, part 3, division 4, 20
see section 144. 21
Mineral Resources Act means the Mineral 22
Resources Act 1989. 23
mining tenure means a mineral development 24
licence or mining lease under the Mineral 25
Resources Act. 26
mining tenure holder means the holder of a 27
mining tenure. 28
nominator, for chapter 2, part 3, division 5, see 29
section 178(1). 30
nominee, for chapter 2, part 3, division 5, see 31
section 178(1). 32
operations manual see section 197(1). 33
Page 348
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
Petroleum and Gas Act means the Petroleum and 1
Gas (Production and Safety) Act 2004. 2
plan area, for a statutory water resource plan, 3
means the area of Queensland to which the plan 4
applies. 5
process-- 6
(a) for sections 39(1)(b), 40(2) and (3), 7
43(2)(f), 67(a), 84(1), 116 and 8
147--includes selling or dealing with water 9
entitlements, interim resource operations 10
licences or resource operations licences by 11
public auction, public ballot or public 12
tender; and 13
(b) for sections 43(2)(g), 67(a), 116 and 14
147--includes a direction to the chief 15
executive to grant a water licence to a 16
particular person. 17
publish see section 1009A. 18
ratepayer, of a water authority that has an 19
authority area, means an owner of land within 20
that authority area. 21
relevant company means-- 22
(a) for chapter 8, part 3C, division 1--see 23
section 992G; or 24
(b) for chapter 8, part 3C, division 2--see 25
section 992K; or 26
(c) for chapter 8, part 3C, division 3--see 27
section 992M. 28
resource tenure means-- 29
(a) a mining tenure; or 30
(b) a petroleum tenure. 31
resource tenure holder means-- 32
(a) a mining tenure holder; or 33
Page 349
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
(b) a petroleum tenure holder. 1
riverine protection permit see section 218(1). 2
seasonal water assignment notice means-- 3
(a) for a water allocation--a seasonal water 4
assignment notice granted under a process 5
prescribed by regulation; or 6
(b) for a water licence--a seasonal water 7
assignment notice granted under chapter 2, 8
part 3, division 2. 9
special agreement means a special agreement 10
Act or an agreement contained in a special 11
agreement Act. 12
special agreement Act means-- 13
(a) for chapter 8, part 3C, division 1--see 14
section 992G; or 15
(b) for chapter 8, part 3C, division 2--see 16
section 992K; or 17
(c) for chapter 8, part 3C, division 3--see 18
section 992M. 19
specified conditions-- 20
(a) for chapter 8, part 3C, division 1-- 21
(i) for the Alcan Queensland Pty. Limited 22
Agreement Act 1965, means the 23
conditions stated in section 29A(2) of 24
the agreement under that Act; or 25
(ii) for the Commonwealth Aluminium 26
Corporation Pty. Limited Agreement 27
Act 1957, means the conditions stated 28
in section 32A(2) of the agreement 29
under that Act; or 30
(b) for chapter 8, part 3C, division 3--for any 31
special agreement Act, means any condition 32
stated in the special agreement under the 33
Page 350
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
special Agreement Act relating to taking or 1
interfering with water. 2
spring means-- 3
(a) if a feature is identified on the watercourse 4
identification map as a spring--the feature 5
identified on the map; or 6
(b) otherwise--the land to which water rises 7
naturally from below the ground and the 8
land over which the water then flows. 9
statutory authorisation to take or interfere with 10
water means an authorisation to take or interfere 11
with water under chapter 2, part 3, division 1. 12
underground water means water that occurs 13
naturally in, or is introduced artificially into, an 14
aquifer. 15
underground water impact report, for chapter 3, 16
see section 362. 17
underground water rights-- 18
(a) for the holder of a mining tenure--see the 19
Mineral Resources Act, section 334ZP; or 20
(b) for the holder of a 1923 Act petroleum 21
tenure under the Petroleum Act 22
1923--means the taking of water 23
necessarily taken as part of production 24
testing or petroleum production under 1 or 25
more 1923 Act petroleum tenures; or 26
(c) for the holder of a petroleum tenure under 27
the Petroleum and Gas Act--see the 28
Petroleum and Gas Act, sections 185(2)(a) 29
and 186(3). 30
volumetric limit, for chapter 2, part 3, division 4, 31
see section 145. 32
water allocation means an authority granted 33
under section 146 or 147 to take water. 34
Page 351
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
water allocation dealing see section 156. 1
water allocation dealing rules means the rules 2
under section 158. 3
water allocation group means a group of water 4
allocations mentioned in a water plan. 5
water allocation security objective means an 6
objective stated in a water plan to protect the 7
share of water available to the holder of a water 8
allocation. 9
watercourse identification map see section 5AA. 10
water entitlement notice see section 70. 11
water management protocol see section 67. 12
water monitoring authority means a water 13
monitoring authority granted under the Mineral 14
Resources Act, the Petroleum Act 1923 or the 15
Petroleum and Gas Act. 16
water plan see section 41. 17
water planning instrument means a water plan, 18
water management protocol or moratorium 19
notice. 20
water plan outcomes see section 43(1)(b). 21
water sharing rules means-- 22
(a) for a water entitlement, or other 23
authorisation to take water under this Act, 24
managed under a water management 25
protocol--the water sharing rules included 26
in the protocol; or 27
(b) for a water entitlement or other 28
authorisation to take water under this Act, 29
managed under a resource operations 30
licence--the water sharing rules included in 31
the licence or operations manual under the 32
licence; or 33
Page 352
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
(c) for a water licence, or other authorisation to 1
take water under this Act, not managed 2
under a water management protocol or 3
resource operations licence--the water 4
sharing rules prescribed by regulation. 5
water supply scheme means a water supply 6
scheme for which a resource operations licence 7
or interim resource operations licence has been 8
issued. 9
water use plan see section 58. 10
water year, for a water management protocol, 11
resource operations licence, operations manual, 12
interim resource operations licence or water 13
licence, means-- 14
(a) the accounting period prescribed by 15
regulation for the protocol, licence or 16
manual; or 17
(b) until a period is prescribed under paragraph 18
(a)--the accounting period stated in the 19
protocol, licence or manual for taking water 20
under the protocol, licence or manual. 21
Wenlock Basin, for chapter 8, part 3C, division 1, 22
see section 992G. 23
(3) Schedule 4, definition allocation notice, `part 9'-- 24
omit, insert-- 25
part 5 26
(4) Schedule 4, definition approved nominee, `part 4, division 3, 27
see section 107B(2)(c)'-- 28
omit, insert-- 29
part 3, division 5, subdivision 1, see section 177(2)(c) 30
(5) Schedule 4, definition artesian water, `means'-- 31
omit, insert-- 32
, for chapter 8, part 3C, means 33
Page 353
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
(6) Schedule 4, definition baseline assessment plan, `397(2)'-- 1
omit, insert-- 2
397(4) 3
(7) Schedule 4, definition chief executive's notice, `section 4
37(2)'-- 5
omit, insert-- 6
section 36(2) 7
(8) Schedule 4, definition environmental impact statement, after 8
`part 3C,'-- 9
insert-- 10
division 1, 11
(9) Schedule 4, definition fill, `part 8'-- 12
omit, insert-- 13
part 4 14
(10) Schedule 4, definition moratorium notice, `section 26'-- 15
omit, insert-- 16
section 30(1) 17
(11) Schedule 4, definition owner, after `of land,'-- 18
insert-- 19
other than for chapter 2, part 3, division 2, 20
(12) Schedule 4, definition owner, paragraph (b)-- 21
omit, insert-- 22
(b) for chapter 2, part 3, division 2, see section 23
104. 24
(13) Schedule 4, definition performance indicator, `water resource 25
plan'-- 26
omit, insert-- 27
water plan 28
(14) Schedule 4, definition registrar, `section 147'-- 29
Page 354
Water Reform and Other Legislation Amendment Bill 2014
Part 8 Amendment of Water Act 2000
[s 202]
omit, insert-- 1
section 167 2
(15) Schedule 4, definition resource operations licence, `part 4, 3
division 3'-- 4
omit, insert-- 5
part 3, division 5 6
(16) Schedule 4, definition seasonal water assignment rules, `or 7
resource operations plan'-- 8
omit, insert-- 9
, water management protocol or operations manual 10
(17) Schedule 4, definition State quarry material, `section 279'-- 11
omit, insert-- 12
section 226 13
(18) Schedule 4, definition stock purposes, `taking'-- 14
omit, insert-- 15
taking or interfering with 16
(19) Schedule 4, definition transferee, `part 4, division 3, 17
subdivision 4, see section 114(1)'-- 18
omit, insert-- 19
part 3, division 5, subdivision 3, see section 187(1) 20
(20) Schedule 4, definition underground water obligation, 21
`petroleum'-- 22
omit, insert-- 23
resource 24
(21) Schedule 4, definition water management area, `water 25
resource plan or a resource operations plan'-- 26
omit, insert-- 27
water plan or a water management protocol 28
Page 355
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 203]
Part 9 Amendments relating to mining 1
safety 2
Division 1 Amendment of Coal Mining Safety 3
and Health Act 1999 4
Clause 203 Act amended 5
This division amends the Coal Mining Safety and Health Act 6
1999. 7
Clause 204 Amendment of s 41 (Obligations of coal mine operators) 8
Section 41(1)(c), `under the Petroleum and Gas (Production and 9
Safety) Act 2004'-- 10
omit. 11
Clause 205 Amendment of s 62A (Additional requirement for coal 12
mining operation for incidental coal seam gas) 13
(1) Section 62A-- 14
insert-- 15
(1A) The single safety and health management system 16
must include a plan to achieve an acceptable 17
level of risk in relation to the activities. 18
(2) Section 62A(2), `safety management plan'-- 19
omit, insert-- 20
safety management system 21
(3) Section 62A(2), notes-- 22
omit, insert-- 23
Notes-- 24
1 See the Petroleum and Gas (Production and Safety) Act 2004, 25
sections 675 and 705C. 26
Page 356
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 206]
2 For mineral hydrocarbon mining leases as defined under the 1
Mineral Resources Act 1989, chapter 15, part 2, division 6, see 2
section 747 of that Act and the Petroleum and Gas (Production and 3
Safety) Act 2004, section 671. 4
(4) Section 62A(1A) and (2)-- 5
renumber as section 62A(2) and (3). 6
Clause 206 Insertion of new pt 4, div 3A 7
Part 4-- 8
insert-- 9
Division 3A Joint interaction 10
management plans for 11
overlapping resource 12
authorities 13
64C Application of div 3A 14
(1) This division applies to a coal mine if coal 15
mining operations at the coal mine are carried 16
out, or are to be carried out, in an overlapping 17
area. 18
(2) This division does not apply to a coal mine if coal 19
mining operations at the coal mine are carried 20
out, or are to be carried out, under a coal mining 21
lease to which the Mineral Resources Regulation 22
2013, chapter 2, part 4, division 4 applies. 23
64D Definitions for div 3A 24
In this division-- 25
arbitration, of a dispute, means arbitration of the 26
dispute under the Common Provisions Act, 27
chapter 4, part 6, division 4. 28
authorised activities operating plant means an 29
operating plant under the Petroleum and Gas 30
(Production and Safety) Act 2004, section 670(6). 31
Page 357
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 206]
joint interaction management plan see section 1
64E(1)(a). 2
operating plant see the Petroleum and Gas 3
(Production and Safety) Act 2004, section 670. 4
operator, of an operating plant, see the Petroleum 5
and Gas (Production and Safety) Act 2004, 6
section 673. 7
64E Requirement for joint interaction management 8
plan 9
(1) The site senior executive for the coal mine 10
must-- 11
(a) before carrying out coal mining operations 12
in the overlapping area, make a plan for the 13
mine that complies with section 64F (a joint 14
interaction management plan); and 15
(b) before making the plan-- 16
(i) make reasonable attempts to consult 17
with the operator of each authorised 18
activities operating plant in the 19
overlapping area to jointly identify, 20
analyse and assess risks and hazards in 21
the overlapping area; and 22
(ii) have regard to any reasonable 23
provisions for the plan, relating to the 24
management of the risks and hazards, 25
that are proposed by the operators 26
within 20 days after receiving a copy of 27
the proposed plan; and 28
(iii) either-- 29
(A) reach agreement with the operator 30
of each authorised activities 31
operating plant in the overlapping 32
area about the content of the 33
proposed plan; or 34
Page 358
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 206]
(B) apply for arbitration of the dispute 1
under subsection (3) or (4); and 2
(c) comply with the plan. 3
Maximum penalty--500 penalty units. 4
(2) For subsection (1)(b)(i), the site senior executive 5
is taken to have made reasonable attempts to 6
consult with the operator of an authorised 7
activities operating plant if-- 8
(a) the site senior executive gives the operator a 9
copy of the proposed plan; and 10
(b) the operator has not, within 20 days after 11
being given the copy, made any proposal to 12
the site senior executive about the 13
provisions for the plan. 14
(3) If the site senior executive and the operator of an 15
authorised activities operating plant can not agree 16
on the content of a proposed plan within 3 17
months after the operator receives a copy of the 18
proposed plan, the site senior executive must 19
apply for arbitration of the dispute. 20
(4) Despite subsection (3), either party may apply for 21
arbitration of the dispute at any time. 22
64F Content of joint interaction management plan 23
(1) A joint interaction management plan must-- 24
(a) be stored or kept together with the other 25
parts of the safety and health management 26
system for the coal mine; and 27
(b) identify, if any, each IMA, RMA and SOZ in 28
the overlapping area; and 29
(c) identify the hazards and assess the risks to 30
be controlled that-- 31
Page 359
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 206]
(i) are, or may be, created by the coal 1
mining operations or petroleum 2
activities carried out in the overlapping 3
area; and 4
(ii) affect, or may be likely to affect, the 5
safety and health of persons in the 6
overlapping area; and 7
(d) for each risk--identify the triggers or 8
material changes, or likely triggers or 9
material changes, that-- 10
(i) must be monitored to ensure the safety 11
and health of persons in the 12
overlapping area; and 13
(ii) will require the plan to be reviewed; 14
and 15
(e) for each trigger or material change 16
identified under paragraph (d)-- 17
(i) state the response procedures and 18
times; and 19
(ii) state the type of action required for the 20
response; and 21
Examples of action that may be required-- 22
1 a risk analysis 23
2 notice to the operator of an operating 24
plant in the overlapping area of-- 25
(a) a drop in hydrostatic pressure that 26
may show a potential hazard to 27
persons carrying out authorised 28
activities under a petroleum lease; 29
or 30
(b) a change in water level that may 31
indicate differences in fluid 32
interconnections with an adjacent 33
petroleum lease 34
(iii) state the reporting procedures; and 35
Page 360
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 206]
(f) if there is proposed, or there is likely to be, 1
interaction with other persons in the 2
overlapping area-- 3
(i) describe the proposed or likely 4
interactions and how they will be 5
managed; and 6
(ii) identify the specific risks that may 7
arise as a result of the proposed or 8
likely interactions and how the risks 9
will be controlled; and 10
(iii) identify the safety responsibilities of 11
each person; and 12
(iv) state the name of the operator and any 13
other person responsible under the 14
Petroleum and Gas (Production and 15
Safety) Act 2004 for each operating 16
plant; and 17
(g) describe the way in which the plan will be 18
reviewed and revised, including ongoing 19
consultation with the persons mentioned in 20
paragraph (f); and 21
(h) describe the way in which details of any new 22
site senior executive, or other senior person 23
in the management structure, will be 24
communicated to all operators of operating 25
plants in the overlapping area; and 26
(i) include any other information prescribed by 27
regulation. 28
(2) A regulation may prescribe a guide of potential 29
hazards that may be created by coal mining 30
operations in relation to exploring for or 31
producing coal seam gas or petroleum (the 32
potential hazard guide). 33
(3) The potential hazard guide must be referred to for 34
help in identifying the hazards and assessing the 35
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[s 206]
risks mentioned in subsection (1)(c) but is not 1
intended to be exhaustive. 2
(4) To remove any doubt, it is declared that a joint 3
interaction management plan may apply to more 4
than 1 overlapping area. 5
64G Notification of making of joint interaction 6
management plan 7
As soon as practicable after making a joint interaction 8
management plan, and before carrying out coal 9
mining operations in the overlapping area, the site 10
senior executive for the coal mine must notify the 11
chief inspector that the plan has been made. 12
Maximum penalty--40 penalty units. 13
64H Review 14
(1) This section applies if-- 15
(a) it is proposed to change a joint interaction 16
management plan; or 17
(b) a change at the coal mine is likely to give 18
rise to an additional risk to safety or health 19
in the overlapping area; or 20
(c) any of the following circumstances exist-- 21
(i) an additional risk to safety or health in 22
the overlapping area is identified; 23
(ii) consultation with coal mine workers 24
indicates a review is necessary; 25
(iii) a risk control measure did not control 26
the risk it was intended to control to an 27
acceptable level. 28
(2) For subsection (1)(b), a change at the coal mine 29
includes-- 30
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(a) a change to the mine itself or any aspect of 1
the mine environment; and 2
(b) a change to a system of work, process or 3
procedure at the mine. 4
(3) The site senior executive for the coal mine must 5
review and, if necessary, revise the joint 6
interaction management plan. 7
Maximum penalty--200 penalty units. 8
(4) The review must take place in consultation with 9
the operator of each authorised activities 10
operating plant in the overlapping area and coal 11
mine workers to the extent they are affected by 12
the matters under review. 13
Maximum penalty--200 penalty units. 14
(5) The review must take place-- 15
(a) for subsection (1)(a) or (b)--before the 16
change to the joint interaction management 17
plan is made; or 18
(b) for subsection (1)(c)--as soon as possible 19
after the circumstance exists. 20
Maximum penalty--200 penalty units. 21
(6) A revision of the plan under subsection (3) must 22
be recorded on the plan. 23
Maximum penalty--200 penalty units. 24
(7) If the site senior executive and the operator for an 25
authorised activities operating plant in the 26
overlapping area can not agree on the content of a 27
revision of the plan, either party may apply for 28
arbitration of the dispute. 29
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64I Availability of joint interaction management 1
plan 2
(1) The site senior executive for the coal mine must 3
make available for inspection, by persons in the 4
overlapping area, a copy of the joint interaction 5
management plan. 6
Maximum penalty--100 penalty units. 7
(2) The site senior executive for the coal mine must 8
give a copy of the joint interaction management 9
plan to a person whose work in the overlapping 10
area is affected by the requirements of the plan 11
and who requests a copy of it. 12
Maximum penalty--100 penalty units. 13
(3) The site senior executive for the coal mine must 14
give a copy of the joint interaction management 15
plan to a person who employs persons at the coal 16
mine whose work is affected by the plan's 17
requirements. 18
Maximum penalty--200 penalty units. 19
Clause 207 Amendment of s 67 (Plans of coal mine workings) 20
(1) Section 67(1)-- 21
insert-- 22
(e) if part 4, division 3A applies--plans 23
showing each of the following for the 24
overlapping area if identified in an agreed 25
joint development plan-- 26
(i) the IMA; 27
(ii) the RMA; 28
(iii) the FMA; 29
(iv) the SOZ. 30
(2) Section 67-- 31
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insert-- 1
(8) In this section-- 2
agreed joint development plan see the Common 3
Provisions Act, section 103. 4
Clause 208 Replacement of s 73B (Qualifications for appointment) 5
Section 73B-- 6
omit, insert-- 7
73B Qualifications for appointment 8
To be appointed as commissioner, a person must 9
have-- 10
(a) a science or engineering qualification 11
relevant to the mining industry, and 12
professional experience in mine safety; or 13
(b) a qualification in law, and professional 14
experience in the law relating to mine 15
safety; or 16
(c) at least 10 years professional experience in 17
senior positions relating to operational mine 18
safety management. 19
Example of a senior position for paragraph (c)-- 20
a site senior executive at an underground mine 21
Clause 209 Amendment of s 255 (Proceedings for offences) 22
(1) Section 255(5)-- 23
omit, insert-- 24
(5) A proceeding for an offence against this Act may 25
only be taken by-- 26
(a) the commissioner; or 27
(b) the chief executive; or 28
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(c) another appropriately qualified person, with 1
the written authorisation of the chief 2
executive, either generally or in a particular 3
case. 4
(5A) An authorisation under subsection (5)(c) is 5
sufficient authority to continue proceedings in 6
any case where the court amends the charge, 7
warrant or summons. 8
(2) Section 255(5A) and (6)-- 9
renumber as section 255(6) and (7). 10
Clause 210 Insertion of new pt 20, div 4 11
Part 20-- 12
insert-- 13
Division 4 Transitional provision for 14
Water Reform and Other 15
Legislation Amendment 16
Act 2014 17
303 Application of joint interaction management 18
plan provisions 19
(1) The joint interaction management plan 20
provisions do not apply to a coal mining lease 21
mentioned in the Mineral Resources Regulation 22
2013, section 23(1). 23
Note-- 24
The holder of the coal mining lease would continue to 25
be subject to the Mineral Resources Regulation 2013, 26
chapter 2, part 4, division 4 as in force from time to 27
time. 28
(2) The joint interaction management plan 29
provisions do not apply in relation to the 30
following for a period of 6 months starting on the 31
commencement-- 32
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(a) coal mining operations carried out in an 1
overlapping area the subject of an 2
exploration permit (coal), within the 3
meaning of the Common Provisions Act, if 4
an activity under an authority to prospect 5
(csg) or petroleum lease (csg) within the 6
meaning of that Act is also carried out in the 7
overlapping area; 8
(b) coal mining operations carried out in an 9
overlapping area the subject of a mineral 10
development licence (coal), within the 11
meaning of the Common Provisions Act, if 12
an activity for an authority to prospect (csg) 13
or petroleum lease (csg) within the meaning 14
of that Act is also carried out in the 15
overlapping area. 16
(3) In this section-- 17
joint interaction management plan provisions 18
means part 4, division 3A. 19
Clause 211 Amendment of sch 2 (Subject matter for regulations) 20
(1) Schedule 2, part 2, item 32, `principal hazard management 21
plans for operating plant'-- 22
omit, insert-- 23
joint interaction management plans 24
(2) Schedule 2, part 2-- 25
insert-- 26
32A The responsibilities and obligations of site senior executives 27
in an overlapping area including in relation to joint interaction 28
management plans. 29
(3) Schedule 2, part 2, item 33, `and efficient'-- 30
omit. 31
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Clause 212 Amendment of sch 3 (Dictionary) 1
Schedule 3-- 2
insert-- 3
arbitration, of a dispute, for part 4, division 3A, 4
see section 64D. 5
authorised activities operating plant, for part 4, 6
division 3A, see section 64D. 7
Common Provisions Act means the Mineral and 8
Energy Resources (Common Provisions) Act 9
2014. 10
FMA means the future mining area as defined 11
under the Common Provisions Act, section 110. 12
IMA means the initial mining area as defined 13
under the Common Provisions Act, section 109. 14
joint interaction management plan, for part 4, 15
division 3A, see section 64E(1)(a). 16
operating plant, for part 4, division 3A, see 17
section 64D. 18
operator, of an operating plant, for part 4, 19
division 3A, see section 64D. 20
overlapping area see the Common Provisions 21
Act, section 104. 22
RMA means the rolling mining area as defined 23
under the Common Provisions Act, section 111. 24
safety and health management system means a 25
safety and health management system that 26
complies with-- 27
(a) the requirements for a safety and health 28
management system under section 62; 29
and 30
(b) if section 62A applies--the 31
requirements for a safety management 32
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Part 9 Amendments relating to mining safety
[s 213]
system under the Petroleum and Gas 1
(Production and Safety) Act 2004; and 2
(c) if part 4, division 3A, or the Mineral 3
Resources Regulation 2013, chapter 2, 4
part 4, division 4 applies--the 5
requirements for a joint interaction 6
management plan under that division. 7
SOZ means the simultaneous operations zone as 8
defined under the Common Provisions Act, 9
section 112. 10
Division 2 Amendment of Mineral and Energy 11
Resources (Common Provisions) 12
Act 2014 13
Clause 213 Act amended 14
This division amends the Mineral and Energy Resources 15
(Common Provisions) Act 2014. 16
Clause 214 Amendment of s 10 (What is a resource authority) 17
Section 10(a), after `mining lease'-- 18
insert-- 19
· a water monitoring authority; 20
Clause 215 Amendment of s 175 (Application of div 4) 21
Section 164-- 22
insert-- 23
(d) a dispute mentioned in the Coal Mining 24
Safety and Health Act 1999, section 64E(3) 25
or (4) or 64H(7); 26
(e) a dispute mentioned in the P&G Act, section 27
705B(3) or (4) or 705CB(7); 28
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(f) a dispute mentioned in the Mineral 1
Resources Regulation 2013, section 25(3) or 2
(4) or 28(7). 3
Division 3 Amendment of Mining and 4
Quarrying Safety and Health Act 5
1999 6
Clause 216 Act amended 7
This division amends the Mining and Quarrying Safety and 8
Health Act 1999. 9
Clause 217 Amendment of s 234 (Proceedings for offences) 10
(1) Section 234(6)-- 11
renumber as section 234(7). 12
(2) Section 234(5)-- 13
omit, insert-- 14
(5) Proceedings for an offence against this Act may 15
only be taken by-- 16
(a) the commissioner; or 17
(b) the chief executive; or 18
(c) another appropriately qualified person, with 19
the written authorisation of the chief 20
executive, either generally or in a particular 21
case. 22
(6) An authorisation under subsection (5)(c) is 23
sufficient authority to continue proceedings in 24
any case where the court amends the charge, 25
warrant or summons. 26
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Part 9 Amendments relating to mining safety
[s 218]
Division 4 Amendment of Petroleum and Gas 1
(Production and Safety) Act 2004 2
Clause 218 Act amended 3
This division amends the Petroleum and Gas (Production and 4
Safety) Act 2004. 5
Note-- 6
See also the amendments in schedule 3. 7
Clause 219 Replacement of ss 386-389 8
Sections 386 to 389-- 9
omit, insert-- 10
386 Requirement for joint interaction management 11
plan 12
(1) This section applies if-- 13
(a) a person (the operator) proposes to be an 14
operator of operating plant in the area of a 15
petroleum tenure; and 16
(b) activities carried out, or proposed to be 17
carried out, at the plant may adversely affect 18
the safe mining of coal in the area of a coal 19
or oil shale mining tenement. 20
(2) Chapter 9, part 4, division 5, subdivision 1 21
applies to the operator as if-- 22
(a) a reference in the provisions to the operator 23
of an authorised activities operating plant 24
were a reference to the operator mentioned 25
in subsection (1)(a); and 26
(b) a reference in the provisions to the 27
overlapping area were a reference to the area 28
of the coal or oil shale mining tenement 29
mentioned in subsection (1)(b); and 30
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[s 220]
(c) a reference in the provisions to the site 1
senior executive were a reference to the site 2
senior executive for the coal or oil shale 3
mining tenement mentioned in subsection 4
(1)(b). 5
Clause 220 Amendment of s 392BO (Application of provisions for 6
resolving disputes about reasonableness of proposed 7
provision) 8
Section 392BO(2) and editor's note-- 9
omit, insert-- 10
(2) Either party to the dispute may refer it to the 11
chief inspector to decide whether the proposed 12
provision is reasonable. 13
(3) The referral must be written and be lodged. 14
(4) Before deciding the dispute, the chief inspector 15
must give each party a reasonable opportunity to 16
lodge submissions about the dispute. 17
(5) The chief inspector's decision binds each party to 18
the dispute. 19
(6) The chief inspector must give each party an 20
information notice about the decision. 21
(7) The chief inspector's decision is not, of itself, 22
evidence that a safety management system, or 23
purported safety management system, for an 24
operating plant complies with section 675. 25
Clause 221 Amendment of s 669 (Making safety requirement) 26
Section 669-- 27
insert-- 28
(f) responsibilities and obligations of operators 29
of operating plants or site safety managers 30
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Part 9 Amendments relating to mining safety
[s 222]
in an overlapping area, including in relation 1
to joint interaction management plans. 2
Clause 222 Amendment of s 674 (Requirement to have safety 3
management plan) 4
(1) Section 674, `safety management plan'-- 5
omit, insert-- 6
safety management system 7
(2) Section 674, `the plan'-- 8
omit, insert-- 9
the system 10
(3) Section 674(1) and (2), `388, subject to any exemption given 11
under section 389'-- 12
omit, insert-- 13
705C 14
(4) Section 674(4), note, `safety management plans'-- 15
omit, insert-- 16
safety management systems 17
(5) Section 674(5)-- 18
omit, insert-- 19
(5) Also, if chapter 9, part 4, division 5, subdivision 20
1 applies for an operating plant, the safety 21
management system must include a joint 22
interaction management plan. 23
Clause 223 Amendment of s 675 (Content requirements for safety 24
management plans) 25
(1) Section 675, heading, `plans'-- 26
omit, insert-- 27
systems 28
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Part 9 Amendments relating to mining safety
[s 224]
(2) Section 675(1), `safety management plan'-- 1
omit, insert-- 2
safety management system 3
(3) Section 675(1)-- 4
insert-- 5
(cb) for each site mentioned in paragraph 6
(ca)--the site safety manager; 7
(4) Section 675(1)(n), `plans'-- 8
omit, insert-- 9
systems 10
(5) Section 675(1)(p) and (2), `the plan'-- 11
omit, insert-- 12
the system 13
(6) Section 675(1)(t)-- 14
omit, insert-- 15
(t) if the operating plant is a major hazard 16
facility under the Work Health and Safety 17
Regulation 2011--each matter not 18
mentioned in paragraphs (b) to (r) that is 19
mentioned in schedule 16, 17 or 18 of that 20
regulation; 21
(7) Section 675(5), definition NOHSC standard-- 22
omit. 23
Clause 224 Amendment of s 675A (Generic safety management 24
plans) 25
(1) Section 675A, heading, `plans'-- 26
omit, insert-- 27
systems 28
(2) Section 675A, `safety management plan'-- 29
Page 374
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 225]
omit, insert-- 1
safety management system 2
(3) Section 675A, `generic SMP'-- 3
omit, insert-- 4
generic SMS 5
Clause 225 Amendment of s 678A (Requirement to have resulting 6
records for safety management plan) 7
Section 678A(2), definition resulting records-- 8
insert-- 9
(ia) records about the details of the operator 10
mentioned in section 675(1)(c) and the site 11
safety manager mentioned in section 12
675(1)(cb); 13
Clause 226 Amendment of s 688 (Executive safety manager's general 14
obligations) 15
Section 688(b)(i), `employees'-- 16
omit, insert-- 17
workers 18
Clause 227 Amendment of ch 9, pt 4, div 5, hdg (Additional 19
obligations of operator of operating plant on coal or oil 20
shale mining lease) 21
Chapter 9, part 4, division 5, heading, after `lease'-- 22
insert-- 23
or coal resource authority 24
Clause 228 Replacement of ch 9, pt 4, div 5, sdiv 1 (Principal hazard 25
management plans) 26
Chapter 9, part 4, division 5, subdivision 1-- 27
Page 375
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 228]
omit, insert-- 1
Subdivision 1 Joint interaction 2
management plans 3
705 Application of sdiv 1 4
This subdivision applies for an operating plant, other 5
than a coal mining-CSG operating plant, if-- 6
(a) the operating plant operates or is to operate 7
in any of the following areas (each an 8
overlapping area)-- 9
(i) the area of a coal or oil shale mining 10
lease or tenement; 11
(ii) an area adjacent to the area of a coal or 12
oil shale mining lease or tenement; 13
(iii) the area of a coal resource authority to 14
which the Common Provisions Act, 15
chapter 4 applies; and 16
(b) the operation of the plant physically affects, 17
or may physically affect, the mining of coal 18
or oil shale under the coal or oil shale 19
mining lease or tenement or coal resource 20
authority. 21
705A Definitions for sdiv 1 22
In this subdivision-- 23
authorised activities operating plant means an 24
operating plant under section 670(6). 25
coal resource authority see the Common 26
Provisions Act, section 103. 27
joint interaction management plan see section 28
705B(1)(a). 29
overlapping area see section 705(a). 30
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[s 228]
site senior executive means the site senior 1
executive for a coal mine in the overlapping area. 2
705B Requirement for joint interaction 3
management plan 4
(1) The operator of an authorised activities operating 5
plant in the overlapping area must-- 6
(a) before carrying out activities in the 7
overlapping area, make a plan for the plant 8
that applies to all operators of operating 9
plants in the overlapping area and that 10
complies with section 705C (a joint 11
interaction management plan); and 12
(b) before making the plan-- 13
(i) make reasonable attempts to consult 14
with the operators of each operating 15
plant in the overlapping area and the 16
site senior executive to jointly identify, 17
analyse and assess risks and hazards in 18
the overlapping area; and 19
(ii) have regard to any reasonable 20
provisions for the plan, relating to the 21
management of the risks and hazards 22
that are proposed by the site senior 23
executive within 20 days after 24
receiving a copy of the proposed plan; 25
and 26
(iii) either-- 27
(A) reach agreement with the site 28
senior executive about the content 29
of the proposed plan; or 30
(B) apply for arbitration of the dispute 31
under subsection (3) or (4); and 32
(c) comply with the plan. 33
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[s 228]
Maximum penalty--500 penalty units. 1
(2) For subsection (1)(b)(i), the operator is taken to 2
have made reasonable attempts to consult with 3
the site senior executive if-- 4
(a) the operator gives the site senior executive a 5
copy of the proposed plan; and 6
(b) the site senior executive has not, within 20 7
days after being given the copy, made any 8
proposal to the operator about the provisions 9
for the plan. 10
(3) If the operator and the site senior executive can 11
not agree on the content of a proposed plan 12
within 3 months after the site senior executive 13
receives a copy of the proposed plan, the operator 14
must apply for arbitration of the dispute. 15
(4) Despite subsection (3), either party may apply for 16
arbitration of the dispute at any time. 17
705C Content of joint interaction management plan 18
(1) A joint interaction management plan must-- 19
(a) be stored or kept together with the other 20
parts of the safety management system for 21
the plant; and 22
(b) for an overlapping area mentioned in section 23
705(a)(iii)--identify, if any, each IMA, 24
RMA and SOZ, as defined under the 25
Common Provisions Act, in the overlapping 26
area; and 27
(c) identify the hazards and assess the risks to 28
be controlled that-- 29
(i) are, or may be, created by the mining 30
operations or petroleum activities 31
carried out in the overlapping area; and 32
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[s 228]
(ii) affect, or may be likely to affect, the 1
safety and health of persons in the 2
overlapping area; and 3
(d) for each risk--identify the triggers or 4
material changes, or likely triggers or 5
material changes, that-- 6
(i) must be monitored to ensure the safety 7
and health of persons in the 8
overlapping area; and 9
(ii) will require the plan to be reviewed; 10
and 11
(e) for each trigger or material change 12
identified under paragraph (d)-- 13
(i) state the response procedures and 14
times; and 15
(ii) state the type of action required for the 16
response; and 17
Examples of action that may be required-- 18
1 a risk analysis 19
2 notice to the site senior executive of-- 20
(a) a drop in hydrostatic pressure that 21
may show a potential hazard to 22
persons carrying out mining; or 23
(b) a change in water level that may 24
indicate differences in fluid 25
interconnections with an adjacent 26
mine 27
(iii) state the reporting procedures; and 28
(f) if there is proposed, or there is likely to be, 29
interaction with other persons in the 30
overlapping area-- 31
(i) describe the proposed or likely 32
interactions, and how they will be 33
managed; and 34
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[s 228]
(ii) identify the specific risks that may 1
arise as a result of the proposed or 2
likely interactions, and how the risks 3
will be controlled; and 4
(iii) identify the safety responsibilities of 5
each person; and 6
(iv) state the name of the site senior 7
executive and any other senior persons 8
in the management structure for the 9
coal mine under the Coal Mining 10
Safety and Health Act 1999; and 11
(g) describe the way in which the plan will be 12
reviewed and revised, including ongoing 13
consultation with the persons mentioned in 14
paragraph (f); and 15
(h) describe the way in which details of any new 16
operator or site safety manager will be 17
communicated to the site senior executive; 18
and 19
(i) include any other information prescribed by 20
regulation. 21
(2) A regulation may prescribe a guide of potential 22
hazards that may be created by an operating plant 23
in relation to mining coal (the potential hazard 24
guide). 25
(3) The potential hazard guide must be referred to for 26
help in identifying the hazards and assessing the 27
risks mentioned in subsection (1)(c) but is not 28
intended to be exhaustive. 29
(4) To remove any doubt, it is declared that a joint 30
interaction management plan may apply to more 31
than 1 overlapping area. 32
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[s 228]
705CA Notification of making of joint interaction 1
management plan 2
As soon as practicable after making a joint interaction 3
management plan, and before carrying out activities in 4
the overlapping area or at an operating plant in the 5
overlapping area, the operator of the authorised 6
activities operating plant must notify the chief 7
inspector that the plan has been made. 8
Maximum penalty--40 penalty units. 9
705CB Review 10
(1) This section applies if-- 11
(a) it is proposed to change a joint interaction 12
management plan; or 13
(b) a change in the overlapping area, or at an 14
operating plant in the overlapping area, is 15
likely to give rise to an additional risk to 16
safety or health in the overlapping area or at 17
the plant; or 18
(c) any of the following circumstances exist-- 19
(i) an additional risk to safety or health in 20
the overlapping area, or at an operating 21
plant in the overlapping area, is 22
identified; 23
(ii) consultation with workers indicates a 24
review is necessary; 25
(iii) a risk control measure did not control 26
the risk it was intended to control to an 27
acceptable level. 28
(2) For subsection (1)(b), a change in the 29
overlapping area, or at an operating plant in the 30
overlapping area, includes-- 31
(a) a change to any aspect of the overlapping 32
area or the plant itself; and 33
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[s 229]
(b) a change to a system of work, process or 1
procedure in the overlapping area or at the 2
plant. 3
(3) The operator of the authorised activities 4
operating plant must review and, if necessary, 5
revise the joint interaction management plan. 6
Maximum penalty--200 penalty units. 7
(4) The review must take place in consultation with 8
the operators of each operating plant in the 9
overlapping area, the site senior executive and 10
any other workers to the extent they are affected 11
by the matters under review. 12
Maximum penalty--200 penalty units. 13
(5) The review must take place-- 14
(a) for subsection (1)(a) or (b)--before the 15
change to the joint interaction management 16
plan is made; or 17
(b) for subsection (1)(c)--as soon as possible 18
after the circumstance exists. 19
Maximum penalty--200 penalty units. 20
(6) A revision of the plan under subsection (3) must 21
be recorded on the plan. 22
Maximum penalty--200 penalty units. 23
(7) If the operator of the authorised activities 24
operating plant and the site senior executive can 25
not agree on the content of a revision of the plan, 26
either party may apply for arbitration of the 27
dispute. 28
Clause 229 Amendment of s 728B (Interim licence or authorisation) 29
(1) Section 728B(1) and (7), `skills'-- 30
omit, insert-- 31
experience 32
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Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 230]
(2) Section 728B(4), `1 year'-- 1
omit, insert-- 2
3 years 3
Clause 230 Insertion of new ss 731A and 731B 4
Chapter 9, part 7-- 5
insert-- 6
731A Person may owe obligations in more than 1 7
capacity 8
A person on whom an obligation is imposed under this 9
Act may be subject to more than 1 safety and health 10
obligation. 11
731B Person not relieved of obligations 12
To remove doubt, it is declared that nothing in this Act 13
that imposes an obligation on a person relieves another 14
person of the person's obligations under this Act. 15
Clause 231 Amendment of s 736 (Functions) 16
(1) Section 736(1)(d)-- 17
renumber as section 736(1)(e). 18
(2) Section 736(1)-- 19
insert-- 20
(d) to provide the advice and help that may be 21
required from time to time during 22
emergencies at operating plants that may 23
affect the safety or health of persons; 24
(3) Section 736(2)(b)-- 25
renumber as section 736(2)(c). 26
(4) Section 736(2)-- 27
insert-- 28
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Water Reform and Other Legislation Amendment Bill 2014
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[s 232]
(b) to provide the advice and help that may be 1
required from time to time during 2
emergencies at operating plants that may 3
affect the safety or health of persons; and 4
Clause 232 Amendment of s 834 (Other evidentiary aids) 5
(1) Section 834, `purporting to be signed by the chief 6
executive'-- 7
omit. 8
(2) Section 834-- 9
insert-- 10
(2) In this section-- 11
certificate means a certificate purporting to be 12
signed by the commissioner, the chief executive, 13
the chief inspector, an inspector or an authorised 14
officer. 15
Clause 233 Amendment of s 837 (Offences under Act are summary) 16
Section 837(1) to (3)-- 17
omit, insert-- 18
(1) Proceedings for an offence against this Act must 19
be taken in a summary way under the Justices Act 20
1886. 21
(2) Proceedings for an offence against a provision of 22
chapter 7, 8 or 9 may only be taken by-- 23
(a) the commissioner; or 24
(b) the chief executive; or 25
(c) another appropriately qualified person, with 26
the written authorisation of the chief 27
executive, either generally or in a particular 28
case. 29
Page 384
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 234]
(3) An authorisation under subsection (2)(c) is 1
sufficient authority to continue proceedings in 2
any case where the court amends the charge, 3
warrant or summons. 4
Clause 234 Insertion of new ch 15, pt 19 5
Chapter 15-- 6
insert-- 7
Part 19 Transitional provision 8
for Water Reform and 9
Other Legislation 10
Amendment Act 2014 11
990 Application of joint interaction management 12
plan provisions 13
(1) The pre-amended Act continues to apply in 14
relation to the following for a period of 6 months 15
after the commencement as if the joint interaction 16
management plan provisions had not 17
commenced-- 18
(a) an operating plant, or the area of a 19
petroleum tenure in which an operating 20
plant is situated, mentioned in the 21
pre-amended Act, section 386(1)(a); 22
(b) an operating plant, the area of a coal or oil 23
shale mining lease (the lease area) in which 24
an operating plant is situated, or an area 25
adjacent to the lease area, mentioned in the 26
pre-amended Act, section 705(a); 27
(c) an activity under an authority to prospect 28
(csg) carried out in an overlapping area the 29
subject of the authority to prospect (csg), 30
within the meaning of the Common 31
Provisions Act, if coal mining operations 32
Page 385
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 235]
under an exploration permit (coal), mineral 1
development licence (coal) or mining lease 2
(coal) within the meaning of that Act are 3
also carried out in the overlapping area. 4
(2) Despite subsection (1), a principal hazard 5
management plan made under the pre-amended 6
Act, section 705A is to be known as a `joint 7
interaction management plan' from the date of 8
the commencement. 9
(3) In this section-- 10
joint interaction management plan provisions 11
means chapter 9, part 4, division 5, subdivision 1, 12
as inserted by the Water Reform and Other 13
Legislation Amendment Act 2014. 14
pre-amended Act means this Act as in force 15
before the commencement. 16
Clause 235 Amendment of sch 1 (Reviews and appeals) 17
(1) Schedule 1, table 1, entries for 387 and 705C-- 18
omit. 19
(2) Schedule 1, table 1-- 20
insert-- 21
392BO Decision about whether proposed provision for
safety management system is reasonable
Clause 236 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2, definitions principal hazard management plan 23
and safety management plan-- 24
omit. 25
(2) Schedule 2-- 26
insert-- 27
Page 386
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 236]
arbitration, of a dispute, means arbitration of the 1
dispute under the Common Provisions Act, 2
chapter 4, part 6, division 4. 3
authorised activities operating plant, for chapter 4
9, part 4, division 5, subdivision 1, see section 5
705A. 6
coal resource authority, for chapter 9, part 4, 7
division 5, subdivision 1, see section 705A. 8
joint interaction management plan, for chapter 9
9, part 4, division 5, subdivision 1, see section 10
705B(1)(a). 11
overlapping area, for chapter 9, part 4, division 12
5, subdivision 1, see section 705(a). 13
safety management system-- 14
1 A safety management system, for an 15
operating plant, is-- 16
(a) the system made under section 674 as 17
in force from time to time; and 18
Note-- 19
If chapter 9, part 4, division 5, subdivision 1 20
applies for an operating plant, the safety 21
management system under section 674 must 22
include a joint interaction management plan. 23
(b) an auditable documented system that 24
forms part of an overall management 25
system for the plant. 26
2 If the plant has stages, a reference to the 27
term includes the parts of the safety 28
management system developed for each 29
stage. 30
site senior executive, for chapter 9, part 4, 31
division 5, subdivision 1, see section 705A. 32
Page 387
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 237]
Division 5 Amendment of Mineral Resources 1
Regulation 2013 2
Clause 237 Regulation amended 3
This division amends the Mineral Resources Regulation 2013. 4
Clause 238 Replacement of ch 2, pt 4, div 4 (Conditions applying to 5
particular coal mining leases) 6
Chapter 2, part 4, division 4-- 7
omit, insert-- 8
Division 4 Joint interaction 9
management plans 10
23 Application of div 4 11
(1) This division applies to a coal mining lease 12
granted before the commencement if-- 13
(a) coal mining operations are carried out, or 14
are to be carried out, under the lease at a 15
coal mine in any of the following areas 16
(each an overlapping area)-- 17
(i) the area of a petroleum lease; 18
(ii) an area adjacent to the area of a 19
petroleum lease; and 20
(b) the operations physically affect, or may 21
physically affect, mining under the coal 22
mining lease. 23
(2) In this section-- 24
petroleum lease means a petroleum lease granted 25
before the commencement. 26
Page 388
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
24 Definitions for div 4 1
In this division-- 2
arbitration, of a dispute, means arbitration of the 3
dispute under the Common Provisions Act, 4
chapter 4, part 6, division 4. 5
authorised activities operating plant means an 6
operating plant under the Petroleum and Gas 7
(Production and Safety) Act, section 670(6). 8
coal mine has the meaning given under the Coal 9
Mining Safety and Health Act 1999, schedule 3. 10
coal mining operations has the meaning given 11
under the Coal Mining Safety and Health Act 12
1999, schedule 3. 13
holder means the holder of the coal mining lease. 14
joint interaction management plan see section 15
25(1)(a). 16
operating plant see the Petroleum and Gas 17
(Production and Safety) Act, section 670. 18
operator, of an operating plant, see the Petroleum 19
and Gas (Production and Safety) Act, section 20
673. 21
overlapping area see section 23(1)(a). 22
petroleum lease means-- 23
(a) a lease under the Petroleum Act 1923; or 24
(b) a petroleum lease under the Petroleum and 25
Gas (Production and Safety) Act. 26
25 Requirement for joint interaction management 27
plan 28
(1) The holder must-- 29
(a) before carrying out coal mining operations 30
in the overlapping area, make a plan for the 31
Page 389
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
mine that complies with section 26 (a joint 1
interaction management plan); and 2
(b) before making the plan-- 3
(i) make reasonable attempts to consult 4
with the operator of each authorised 5
activities operating plant in the 6
overlapping area to jointly identify, 7
analyse and assess risks and hazards in 8
the overlapping area; and 9
(ii) have regard to any reasonable 10
provisions for the plan relating to the 11
management of the risks and hazards 12
that are proposed by the operators 13
within 20 days after receiving a copy of 14
the proposed plan; and 15
(iii) either-- 16
(A) reach agreement with the operator 17
of each authorised activities 18
operating plant in the overlapping 19
area about the content of the 20
proposed plan; or 21
(B) apply for arbitration of the dispute 22
under subsection (3) or (4); and 23
(c) comply with the plan. 24
Maximum penalty--500 penalty units. 25
(2) For subsection (1)(b)(i), the holder is taken to 26
have made reasonable attempts to consult with 27
the operator of an authorised activities operating 28
plant if-- 29
(a) the holder gives the operator a copy of the 30
proposed plan; and 31
(b) the operator has not, within 20 days after 32
being given the copy, made any proposal to 33
the holder about the provisions for the plan. 34
Page 390
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
(3) If the holder and the operator of an authorised 1
activities operating plant can not agree on the 2
content of a proposed plan within 3 months after 3
the operator receives a copy of the proposed plan, 4
the holder must apply for arbitration of the 5
dispute. 6
(4) Despite subsection (3), either party may apply for 7
arbitration of the dispute at any time. 8
26 Content of joint interaction management plan 9
(1) A joint interaction management plan must-- 10
(a) be stored or kept together with the other 11
parts of the safety and health management 12
system for the mine; and 13
(b) identify the hazards and assess the risks to 14
be controlled that-- 15
(i) are, or may be, created by the mining 16
operations or petroleum activities 17
carried out in the overlapping area; and 18
(ii) affect, or may be likely to affect, the 19
safety and health of persons in the 20
overlapping area; and 21
(c) for each risk--identify the triggers or 22
material changes, or likely triggers or 23
material changes, that-- 24
(i) must be monitored to ensure the safety 25
and health of persons in the 26
overlapping area; and 27
(ii) will require the plan to be reviewed; 28
and 29
(d) for each trigger or material change 30
identified under paragraph (c)-- 31
(i) state the response procedures and 32
times; and 33
Page 391
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
(ii) state the type of action required for the 1
response; and 2
Examples of action that may be required-- 3
1 a risk analysis 4
2 notice to the operator of an operating 5
plant in the overlapping area of-- 6
(a) a drop in hydrostatic pressure that 7
may show a potential hazard to 8
persons carrying out authorised 9
activities under the petroleum 10
lease; or 11
(b) a change in water level that may 12
indicate differences in fluid 13
interconnections with an adjacent 14
petroleum lease 15
(iii) state the reporting procedures; and 16
(e) if there is proposed, or there is likely to be, 17
interaction with other persons in the 18
overlapping area-- 19
(i) describe the proposed or likely 20
interactions, and how they will be 21
managed; and 22
(ii) identify the specific risks that may 23
arise as a result of the proposed or 24
likely interactions, and how the risks 25
will be controlled; and 26
(iii) identify the safety responsibilities of 27
each person; and 28
(iv) state the name of the operator and any 29
other person responsible under the 30
Petroleum and Gas (Production and 31
Safety) Act for the operating plant; and 32
(f) describe the way in which the plan will be 33
reviewed and revised, including ongoing 34
consultation with the persons mentioned in 35
paragraph (e); and 36
Page 392
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
(g) describe the way in which details of any new 1
site senior executive, or other senior person 2
in the management structure, will be 3
communicated to all operators of operating 4
plants in the overlapping area; and 5
(h) include any other information prescribed by 6
regulation. 7
(2) A regulation may prescribe a guide of potential 8
hazards that may be created by coal mining 9
operations in relation to exploring for or 10
producing coal seam gas or petroleum (the 11
potential hazard guide). 12
(3) The potential hazard guide must be referred to for 13
help in identifying the hazards and assessing the 14
risks mentioned in subsection (1)(b) but is not 15
intended to be exhaustive. 16
(4) To remove any doubt, it is declared that a joint 17
interaction management plan may apply to more 18
than 1 overlapping area. 19
27 Notification of making of joint interaction 20
management plan 21
As soon as practicable after making a joint interaction 22
management plan, and before carrying out coal 23
mining operations in the overlapping area, the holder 24
must notify the chief inspector that the plan has been 25
made. 26
Maximum penalty--40 penalty units. 27
28 Review 28
(1) This section applies if-- 29
(a) it is proposed to change a joint interaction 30
management plan; or 31
Page 393
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
(b) a change at the coal mine is likely to give 1
rise to an additional risk to safety or health 2
in the overlapping area; or 3
(c) any of the following circumstances exist-- 4
(i) an additional risk to safety or health in 5
the overlapping area is identified; 6
(ii) consultation with coal mine workers 7
indicates a review is necessary; 8
(iii) a risk control measure did not control 9
the risk it was intended to control to an 10
acceptable level. 11
(2) For subsection (1)(b), a change at the coal mine 12
includes-- 13
(a) a change to the mine itself or any aspect of 14
the mine environment; and 15
(b) a change to a system of work, process or 16
procedure at the mine. 17
(3) The site senior executive must review and, if 18
necessary, revise the joint interaction 19
management plan. 20
Maximum penalty--200 penalty units. 21
(4) The review must take place in consultation with 22
the operator of each authorised activities 23
operating plant in the overlapping area and coal 24
mine workers to the extent they are affected by 25
the matters under review. 26
Maximum penalty--200 penalty units. 27
(5) The review must take place-- 28
(a) for subsection (1)(a) or (b)--before the 29
change to the joint interaction management 30
plan is made; or 31
(b) for subsection (1)(c)--as soon as possible 32
after the circumstance exists. 33
Page 394
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 238]
Maximum penalty--200 penalty units. 1
(6) A revision of the plan under subsection (3) must 2
be recorded on the plan. 3
Maximum penalty--200 penalty units. 4
(7) If the site senior executive and the operator of an 5
authorised activities operating plant in the 6
overlapping area can not agree on the content of a 7
revision of the plan, either party may apply for 8
arbitration of the dispute. 9
29 Holder must stop coal mining operations in 10
particular circumstances 11
(1) The holder must ensure coal mining operations in 12
the overlapping area stop immediately if-- 13
(a) the holder becomes aware, or ought 14
reasonably to be aware, that the operations 15
physically affect the efficiency with which 16
authorised activities under a petroleum lease 17
in the overlapping area can be carried out; 18
and 19
(b) the petroleum lease holder has not 20
consented to the mining operations being 21
carried out. 22
Maximum penalty--20 penalty units. 23
(2) The holder must ensure the coal mining 24
operations do not resume until-- 25
(a) they are modified so they do not have the 26
physical effect on the efficiency of the 27
petroleum activities to the extent mentioned 28
in subsection (1); or 29
(b) the petroleum lease holder consents in 30
writing to the mining operations being 31
carried out. 32
Maximum penalty--20 penalty units. 33
Page 395
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 239]
Clause 239 Amendment of s 94 (Prescribed way for making 1
applications etc.--Act, s 386O) 2
Section 94(1), `sections 28(2) and (3) and 95'-- 3
omit, insert-- 4
section 95 5
Clause 240 Insertion of new ch 4, pt 10 6
Chapter 4-- 7
insert-- 8
Part 10 Transitional provision 9
for Water Reform and 10
Other Legislation 11
Amendment Act 2014 12
111 Application of joint interaction management 13
plan provisions 14
(1) The pre-amended regulation continues to apply 15
in relation to coal mining operations carried out 16
under a coal mining lease in an overlapping area 17
for a period of 6 months after the commencement 18
as if the joint interaction management plan 19
provisions had not commenced. 20
(2) Despite subsection (2), a plan made under the 21
pre-amended regulation, section 25 or 26 is to be 22
known as a `joint interaction management plan' 23
from the commencement. 24
(3) In this section-- 25
joint interaction management plan provisions 26
means chapter 2, part 4, division 4, as inserted by 27
the Water Reform and Other Legislation 28
Amendment Act 2014. 29
overlapping area see section 23(1)(a). 30
Page 396
Water Reform and Other Legislation Amendment Bill 2014
Part 9 Amendments relating to mining safety
[s 241]
pre-amended regulation means this regulation as 1
in force immediately before the commencement. 2
Clause 241 Amendment of sch 6 (Dictionary) 3
(1) Schedule 6, definitions adjacent petroleum lease, chief 4
inspector of coal mines, coal mine, coal mining operations, 5
holder, overlapping petroleum lease, petroleum lease, 6
relevant mining lease and relevant mining operations-- 7
omit. 8
(2) Schedule 6-- 9
insert-- 10
arbitration, of a dispute, for chapter 2, part 4, 11
division 4, see section 24. 12
authorised activities operating plant, for chapter 13
2, part 4, division 4, see section 24. 14
coal mine, for chapter 2, part 4, division 4, see 15
section 24. 16
coal mining operations, for chapter 2, part 4, 17
division 4, see section 24. 18
holder, for chapter 2, part 4, division 4, see 19
section 24. 20
holder-- 21
(a) for chapter 2, part 4, division 4, see section 22
24; or 23
(b) for chapter 3, see section 32. 24
joint interaction management plan, for chapter 25
2, part 4, division 4, see section 25(1)(a). 26
operating plant, for chapter 2, part 4, division 4, 27
see section 24. 28
operator, of an operating plant, for chapter 2, part 29
4, division 4, see section 24. 30
Page 397
Water Reform and Other Legislation Amendment Bill 2014
Part 10 Amendment of particular statutory instruments
[s 242]
overlapping area, for chapter 2, part 4, division 1
4, see section 23(1)(a). 2
petroleum lease, for chapter 2, part 4, division 4, 3
see section 24. 4
Part 10 Amendment of particular 5
statutory instruments 6
Division 1 Amendment of Environmental 7
Offsets Regulation 2014 8
Clause 242 Regulation amended 9
This division amends the Environmental Offsets Regulation 10
2014. 11
Clause 243 Amendment of sch 2 (Prescribed environmental 12
matters--matters of State environmental significance) 13
(1) Schedule 2, section 2(6), definitions relevant watercourse and 14
vegetation management watercourse map-- 15
omit. 16
(2) Schedule 2, section 2(6)-- 17
insert-- 18
relevant watercourse means a watercourse 19
identified on the vegetation management 20
watercourse and drainage feature map. 21
vegetation management watercourse and 22
drainage feature map see the Vegetation 23
Management Act 1999, section 20AB. 24
Page 398
Water Reform and Other Legislation Amendment Bill 2014
Part 10 Amendment of particular statutory instruments
[s 244]
Division 2 Amendment of Sustainable 1
Planning Regulation 2009 2
Clause 244 Regulation amended 3
This division amends the Sustainable Planning Regulation 4
2009. 5
Clause 245 Amendment of sch 3 (Assessable development, 6
self-assessable development and type of assessment) 7
(1) Schedule 3, part 1, table 4, item 3, column 2, paragraph (d)-- 8
omit. 9
(2) Schedule 3, part 2, table 4, item 1, column 2, paragraph (c)-- 10
omit. 11
Clause 246 Amendment of sch 5 (Applicable codes, laws, policies 12
and prescribed matters for particular development) 13
Schedule 5, part 1, table 4, item 4 and heading-- 14
omit. 15
Clause 247 Amendment of sch 7 (Referral agencies and their 16
jurisdictions) 17
Schedule 7, table 2, item 10 and heading-- 18
omit. 19
Clause 248 Amendment of sch 26 (Dictionary) 20
(1) Schedule 26, definition bed and banks-- 21
omit. 22
(2) Schedule 26, definition watercourse, paragraph 2-- 23
omit, insert-- 24
Page 399
Water Reform and Other Legislation Amendment Bill 2014
Part 10 Amendment of particular statutory instruments
[s 249]
2 Watercourse, for schedule 24, part 1, section 1
1(2), has the meaning given by the Vegetation 2
Management Act 1999, schedule. 3
Division 3 Amendment of Water Resource 4
(Great Artesian Basin) Plan 2006 5
Clause 249 Plan amended 6
This division amends the Water Resource (Great Artesian 7
Basin) Plan 2006. 8
Clause 250 Replacement of s 1 (Short title) 9
Section 1-- 10
omit, insert-- 11
1 Short title 12
This water plan may be cited as the Water Plan (Great 13
Artesian Basin) 2006. 14
Clause 251 Amendment of s 10 (Decisions about taking water) 15
Section 10(3)-- 16
insert-- 17
(ea) to grant a water licence to the Toowoomba 18
Regional Council of up to 2000ML for town 19
water supply; or 20
Clause 252 Replacement of s 11 (Limitation on taking or interfering 21
with water--Act, s 20(2)) 22
(1) Section 11-- 23
omit, insert-- 24
Page 400
Water Reform and Other Legislation Amendment Bill 2014
Part 10 Amendment of particular statutory instruments
[s 253]
11 Limitation on taking or interfering with 1
water--Act, s 101 2
(1) In a management area other than Eastern Downs, 3
Mulgildie or Clarence Moreton, a person may not 4
take or interfere with underground water other 5
than-- 6
(a) for domestic purposes; or 7
(b) under a water entitlement or other 8
authorisation held before the 9
commencement of this plan; or 10
(c) under an authorisation mentioned in section 11
10(3). 12
(2) In the Eastern Downs, Mulgildie and Clarence 13
Moreton management areas, a person may not 14
take or interfere with underground water other 15
than-- 16
(a) for stock or domestic purposes; or 17
(b) under a water entitlement or other 18
authorisation held before the 19
commencement of this plan; or 20
(c) under an authorisation mentioned in section 21
10(3). 22
Clause 253 Replacement of s 26 (Limitation on volume of unallocated 23
water granted) 24
Section 26-- 25
omit, insert-- 26
26 Limitation of volume of unallocated water 27
granted 28
The volumetric limits, for water licences for water 29
granted from the State reserve is-- 30
(a) for the Cape management area--a total of 31
9800ML; and 32
Page 401
Water Reform and Other Legislation Amendment Bill 2014
Part 11 Other amendments
[s 254]
(b) for all other management areas--a 1
combined total of 10,000ML for all the 2
areas. 3
Part 11 Other amendments 4
Clause 254 Legislation amended 5
Schedule 1 amends the legislation it mentions. 6
Clause 255 Plans amended 7
Schedule 2 amends the water resource plans it mentions. 8
Clause 256 Mining safety legislation amended 9
Schedule 3 amends the legislation it mentions. 10
Page 402
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
Schedule 1 Minor or consequential 1
amendments of particular 2
legislation 3
section 254 4
Cape York Peninsula Heritage Act 2007 5
1 Section 27(1), (2), (3) and (4), `water resource plan'-- 6
omit, insert-- 7
water plan 8
Coastal Protection and Management Act 1995 9
1 Section 167(2)(j)-- 10
omit. 11
2 Schedule, definition tidal water, paragraph (b), 12
`declared'-- 13
omit, insert-- 14
as defined 15
Land Valuation Act 2010 16
1 Sections 75(4)(a), 91(2) and schedule, definition resource 17
operations plan, `resource operations plan'-- 18
omit, insert-- 19
water entitlement notice 20
Page 403
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
2 Section 91(2), `the plan'-- 1
omit, insert-- 2
the notice 3
Petroleum and Gas (Production and Safety) Act 2004 4
1 Section 422A, from `be the holder of--' 5
omit, insert-- 6
be the holder of a relevant environmental authority for 7
the licence. 8
State Development and Public Works Organisation 9
Act 1971 10
1 Section 138(3), `water resource plan'-- 11
omit, insert-- 12
water plan 13
Water Act 2000 14
1 Chapter 2, part 2, division 2A, heading-- 15
omit, insert-- 16
Part 1 Water supply 17
emergencies 18
Page 404
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
2 Chapter 2, part 2, division 2A, subdivision 1, heading, 1
`Subdivision'-- 2
omit, insert-- 3
Division 4
3 Chapter 2, part 2, division 2A, subdivision 2, heading, 5
`Subdivision'-- 6
omit, insert-- 7
Division 8
4 Sections 25C(4) and (5)(a)(i), 25F(6) and (7), 25ZA(1)(b)(i) 9
and (2)(b)(i), 986(1)(b), 986A(1)(a), (2)(a) and (c), 986C(3), 10
986F(1)(a) and (b), 986I(2), 991(1)(c), 1046(3), `water 11
resource plan'-- 12
omit, insert-- 13
water plan 14
5 Sections 25C(5)(a)(i) and 25F(7)(a)(i), `resource 15
operations plan'-- 16
omit, insert-- 17
operations manual 18
6 Section 25J(5), `division'-- 19
omit, insert-- 20
part 21
7 Chapter 2, part 2, division 2A, subdivision 3, heading, 22
`Subdivision'-- 23
omit, insert-- 24
Division 25
Page 405
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
8 Section 25L(3), `division'-- 1
omit, insert-- 2
part 3
9 Chapter 2, part 2, division 2A, subdivision 4, heading, 4
`Subdivision'-- 5
omit, insert-- 6
Division 7
10 Chapter 2, part 2, division 2A, subdivision 5, heading, 8
`Subdivision'-- 9
omit, insert-- 10
Division 11
11 Section 25R(1), `division'-- 12
omit, insert-- 13
part 14
12 Section 25S(2), `division'-- 15
omit, insert-- 16
part 17
13 Chapter 2, part 2, division 2B, heading, `Division 2B'-- 18
omit, insert-- 19
Part 3 20
14 Section 362, definition production testing, `Petroleum and 21
Gas (Production and Safety) Act 2004'-- 22
omit, insert-- 23
Petroleum and Gas Act 24
Page 406
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
15 Section 808(1)(a), note, `Petroleum and Gas (Production 1
and Safety) Act 2004'-- 2
omit, insert-- 3
Petroleum and Gas Act 4
16 Section 816(2)(d), `Petroleum and Gas (Production and 5
Safety) Act 2004'-- 6
omit, insert-- 7
Petroleum and Gas Act 8
17 Section 972B(1)(b) and (c), `Mineral Resources Act 9
1989'-- 10
omit, insert-- 11
Mineral Resources Act 12
18 Section 984, definition change, `water resource plan'-- 13
omit, insert-- 14
water plan 15
19 Section 984, definition designated plan-- 16
omit, insert-- 17
designated plan means any of the following or 18
any replacement of the following-- 19
(a) Water Plan (Border Rivers) 2003; 20
(b) Water Plan (Condamine and Balonne) 2004; 21
(c) Water Plan (Moonie) 2003; 22
(d) Water Plan (Warrego, Paroo, Bulloo and 23
Nebine) 2003. 24
20 Section 984, definition owner, `water resource plan'-- 25
omit, insert-- 26
Page 407
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
water plan 1
21 Section 984, definition replacement, `water resource 2
plan'-- 3
omit, insert-- 4
water plan 5
22 Section 986A(1)(a), `water resource plans'-- 6
omit, insert-- 7
water plans 8
23 Section 986I, heading, `Water resource plan'-- 9
omit, insert-- 10
Water plan 11
24 Sections 1038 to 1045A-- 12
omit. 13
25 Section 1047-- 14
omit. 15
26 Sections 1049 to 1056-- 16
omit. 17
27 Chapter 9, part 2, division 1-- 18
omit. 19
28 Sections 1085 to 1086-- 20
omit. 21
Page 408
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
29 Section 1092-- 1
omit. 2
30 Section 1107-- 3
omit. 4
31 Section 1112-- 5
omit. 6
32 Section 1115-- 7
omit. 8
33 Section 1118-- 9
omit. 10
34 Section 1121-- 11
omit. 12
35 Chapter 9, part 4, division 2, subdivision 4-- 13
omit. 14
36 Sections 1134 to 1135A-- 15
omit. 16
37 Chapter 9, part 5, divisions 2 and 3-- 17
omit. 18
38 Sections 1136E to 1136H-- 19
omit. 20
Page 409
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
39 Section 1138-- 1
omit. 2
40 Section 1143-- 3
omit. 4
41 Chapter 9, part 5, division 7-- 5
omit. 6
42 Section 1155-- 7
omit. 8
43 Sections 1161 to 1164-- 9
omit. 10
44 Section 1180-- 11
omit. 12
45 Sections 1183 to 1189-- 13
omit. 14
46 Sections 1191 to 1195-- 15
omit. 16
47 Sections 1198 and 1199-- 17
omit. 18
48 Section 1202-- 19
omit. 20
Page 410
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
49 Sections 1204 to 1206-- 1
omit. 2
50 Sections 1223 to 1224-- 3
omit. 4
51 Sections 1228 to 1230-- 5
omit. 6
52 Schedule 4, definitions nominal volume and proposed 7
plan area, `water resource plan'-- 8
omit, insert-- 9
water plan 10
53 Schedule 4, definition owner, paragraph (a)(iii), `Mineral 11
Resources Act 1989'-- 12
omit, insert-- 13
Mineral Resources Act 14
54 Schedule 4, definition owner, paragraph (a)(viii), 15
`Petroleum and Gas (Production and Safety) Act 2004'-- 16
omit, insert-- 17
Petroleum and Gas Act 18
55 Schedule 4, definition petroleum tenure, paragraph (a)(ii), 19
`Petroleum and Gas (Production and Safety) Act 2004'-- 20
omit, insert-- 21
Petroleum and Gas Act 22
Page 411
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
Water Supply (Safety and Reliability) Act 2008 1
1 Sections 390(4), note to 395(4) and 396(1), `resource 2
operations plan'-- 3
omit, insert-- 4
resource operations licence 5
2 Schedule 3, definition interim resource operations 6
licence-- 7
omit, insert-- 8
interim resource operations licence means a licence 9
grated under the Water Act before the commencement 10
of section 1271 of the Water Act. 11
3 Schedule 3, definition resource operations licence-- 12
omit, insert-- 13
resource operations licence means a resource 14
operations licence granted under the Water Act, 15
chapter 2, part 3, division 5. 16
4 Schedule 3, definition water entitlement, paragraph (b)-- 17
omit, insert-- 18
(b) an interim water allocation granted under 19
the Water Act before the commencement of 20
section 1271 of the Water Act. 21
5 Schedule 3, definition water licence-- 22
omit, insert-- 23
water licence means a licence granted under the Water 24
Act, chapter 2, part 3, division 2. 25
Page 412
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
Environmental Protection (Water) Policy 2009 1
1 Section 24(3)(e), `water resource plan'-- 2
omit, insert-- 3
water plan 4
Sustainable Planning Regulation 2009 5
1 Schedule 3, part 1, table 4, item 3, paragraphs (c)(i) and 6
(f), `water resource plan'-- 7
omit, insert-- 8
water plan 9
2 Schedule 3, part 2, table 4, item 1, paragraphs (a), (b)(i) 10
and (e), `water resource plan'-- 11
omit, insert-- 12
water plan 13
3 Schedule 3, part 1, table 4, item 3, paragraph (a)(i), `part 2, 14
division 1A'-- 15
omit, insert-- 16
part 3, division 1 17
4 Schedule 24, part 1, section 1(2)(a)(ii)-- 18
omit, insert-- 19
(ii) a necessary and unavoidable 20
consequence of an activity authorised 21
by a riverine protection permit issued 22
under the Water Act 2000; or 23
Page 413
Water Reform and Other Legislation Amendment Bill 2014
Schedule 1
5 Schedule 26, definition water resource plan-- 1
omit, insert-- 2
water plan means a water plan under the Water Act 3
2000. 4
Page 414
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
Schedule 2 Amendment of Water Resource 1
Plans 2
section 255 3
Water Resource (Baffle Creek Basin) Plan 2010 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan (Baffle 8
Creek Basin) 2010. 9
Water Resource (Barron) Plan 2002 10
1 Section 1-- 11
omit, insert-- 12
1 Short title 13
This water plan may be cited as the Water Plan 14
(Barron) 2002. 15
Water Resource (Border Rivers) Plan 2003 16
1 Section 1-- 17
omit, insert-- 18
Page 415
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan may be cited as the Water Plan 2
(Border Rivers) 2003. 3
Water Resource (Boyne River Basin) Plan 2013 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan (this plan) may be cited as the Water 8
Plan (Boyne River Basin) 2013. 9
Water Resource (Burdekin Basin) Plan 2007 10
1 Section 1-- 11
omit, insert-- 12
1 Short title 13
This water plan may be cited as the Water Plan 14
(Burdekin Basin) 2007. 15
Water Resource (Burnett Basin) Plan 2014 16
1 Section 1-- 17
omit, insert-- 18
Page 416
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan (this plan) may be cited as the Water 2
Plan (Burnett Basin) 2014. 3
Water Resource (Calliope River Basin) Plan 2006 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan 8
(Calliope River Basin) 2006. 9
Water Resource (Condamine and Balonne) Plan 2004 10
1 Section 1-- 11
omit, insert-- 12
1 Short title 13
This water plan may be cited as the Water Plan 14
(Condamine and Balonne) 2004. 15
Water Resource (Cooper Creek) Plan 2011 16
1 Section 1-- 17
omit, insert-- 18
Page 417
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan may be cited as the Water Plan 2
(Cooper Creek) 2011. 3
Water Resource (Fitzroy Basin) Plan 2011 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan 8
(Fitzroy Basin) 2011. 9
Water Resource (Georgina and Diamantina) Plan 2004 10
1 Section 1-- 11
omit, insert-- 12
1 Short title 13
This water plan may be cited as the Water Plan 14
(Georgina and Diamantina) 2004. 15
Water Resource (Gold Coast) Plan 2006 16
1 Section 1-- 17
omit, insert-- 18
Page 418
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan may be cited as the Water Plan (Gold 2
Coast) 2006. 3
Water Resource (Gulf) Plan 2007 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan (Gulf) 8
2007. 9
Water Resource (Logan Basin) Plan 2007 10
1 Section 1-- 11
omit, insert-- 12
1 Short title 13
This water plan may be cited as the Water Plan (Logan 14
Basin) 2007. 15
Water Resource (Mary Basin) Plan 2006 16
1 Section 1-- 17
omit, insert-- 18
Page 419
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan may be cited as the Water Plan (Mary 2
Basin) 2006. 3
Water Resource (Mitchell) Plan 2007 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan 8
(Mitchell) 2007. 9
Water Resource (Moonie) Plan 2003 10
1 Section 1-- 11
omit, insert-- 12
1 Short title 13
This water plan may be cited as the Water Plan 14
(Moonie) 2003. 15
Water Resource (Moreton) Plan 2007 16
1 Section 1-- 17
omit, insert-- 18
Page 420
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan may be cited as the Water Plan 2
(Moreton) 2007. 3
Water Resource (Pioneer Valley) Plan 2002 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan 8
(Pioneer Valley) 2002. 9
Water Resource (Warrego, Paroo, Bulloo and Nebine) 10
Plan 2003 11
1 Section 1-- 12
omit, insert-- 13
1 Short title 14
This water plan may be cited as the Water Plan 15
(Warrego, Paroo, Bulloo and Nebine) 2003. 16
Water Resource (Wet Tropics) Plan 2013 17
1 Section 1-- 18
omit, insert-- 19
Page 421
Water Reform and Other Legislation Amendment Bill 2014
Schedule 2
1 Short title 1
This water plan (this plan) may be cited as the Water 2
Plan (Wet Tropics) 2013. 3
Water Resource (Whitsunday) Plan 2010 4
1 Section 1-- 5
omit, insert-- 6
1 Short title 7
This water plan may be cited as the Water Plan 8
(Whitsunday) 2010. 9
Page 422
Water Reform and Other Legislation Amendment Bill 2014
Schedule 3
Schedule 3 Minor or consequential 1
amendments of particular 2
legislation relating to mining 3
safety 4
section 256 5
Coal Mining Safety and Health Regulation 2001 6
1 Section 6A(2), `plan'-- 7
omit, insert-- 8
joint interaction management plan 9
2 Section 6A(3)(b), `and efficient'-- 10
omit. 11
3 Section 12B(1) and (2), `plan'-- 12
omit, insert-- 13
joint interaction management plan 14
4 Section 12B(1), `section 27(1)(c), (d) and (e)'-- 15
omit, insert-- 16
section 26(1)(b), (2) and (3) 17
5 Section 12B(2), `section 25(3)(a) and (b)'-- 18
omit, insert-- 19
section 25 20
Page 423
Water Reform and Other Legislation Amendment Bill 2014
Schedule 3
6 Section 100AD(3)-- 1
omit. 2
7 Section 157A, `section 156(2)(b)(i)'-- 3
omit, insert-- 4
section 156(3)(a) 5
Petroleum and Gas (Production and Safety) Act 2004 6
1 Sections 306, 310(1)(b)(i) and (d)(iv), 314(3)(f), 350(1)(c) 7
and (d), 360(1)(a), 372(2), 385(2), 392AH(3)(e), 8
392BB(3)(a)(ii), 392BM(2), 392BN(4), (5), (7) and (8), 9
392BO(1), 672(2)(b), 676, 677, 678, 678A, 679(1), 681, 10
683(b)(ii), 684(2), 688, 690(1)(e), 692(1), 699, 702, 11
727(3)(a), 779, 836,`safety management plan'-- 12
omit, insert-- 13
safety management system 14
2 Section 306(2), `388 and 675'-- 15
omit, insert-- 16
675 and 705C 17
3 Sections 306(2), note, 314(3), note, 350(1), note, 676(2), 18
note and 678(2), note-- 19
omit. 20
4 Section 310(1)(c), `proposed plans'-- 21
omit, insert-- 22
proposed plan or system 23
Page 424
Water Reform and Other Legislation Amendment Bill 2014
Schedule 3
5 Sections 350(1)(d), 392BN(4), (5), (7) and (8), 672(2)(b), 1
676, 677, 679, 680(3), 688, 690(1)(f), 727(3)(a), 836, `the 2
plan'-- 3
omit, insert-- 4
the system 5
6 Chapter 3, part 7, heading, `safety management plan'-- 6
omit, insert-- 7
safety management system 8
7 Section 385, heading, `plan'-- 9
omit, insert-- 10
safety management system 11
8 Section 385(2)(b), `388 or 675'-- 12
omit, insert-- 13
675 or 705C 14
9 Chapter 3A, part 7, heading, `safety management 15
plans'-- 16
omit, insert-- 17
safety management systems 18
10 Section 392BM, heading, `plan'-- 19
omit, insert-- 20
safety management system 21
11 Chapter 9, part 2, heading, `Safety management plans'-- 22
omit, insert-- 23
Safety management systems 24
Page 425
Water Reform and Other Legislation Amendment Bill 2014
Schedule 3
12 Sections 675A(3) and 688, `a plan'-- 1
omit, insert-- 2
a system 3
13 Section 678A(2), definition resulting records, paragraph 4
(f), `safety management plans'-- 5
omit, insert-- 6
safety management systems 7
14 Chapter 9, part 2, divisions 3 and 4, heading, `safety 8
management plans'-- 9
omit, insert-- 10
safety management systems 11
15 Sections 690(1)(h) and 736(1)(a), `safety management 12
plans'-- 13
omit, insert-- 14
safety management systems 15
16 Section 688, 727(3)(a) and schedule 2, definition generic 16
SMP, `generic SMP'-- 17
omit, insert-- 18
generic SMS 19
17 Section 834(a)(vi), `a safety management plan'-- 20
omit, insert-- 21
the safety management system 22
18 Section 836, heading, `Safety management plans'-- 23
omit, insert-- 24
Page 426
Water Reform and Other Legislation Amendment Bill 2014
Schedule 3
Safety management systems 1
19 Sections 842(5) and 843(7), `389,'-- 2
omit. 3
20 Schedule 1, table 1, entries for section 681(2), `safety 4
management plan'-- 5
omit, insert-- 6
safety management system 7
21 Schedule 2, definition overview, `safety management 8
plan'-- 9
omit, insert-- 10
safety management system 11
22 Schedule 2, definition overview, `the plan'-- 12
omit, insert-- 13
the system 14
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 427
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