Water Resource (Calliope River Basin) Plan 2006

1Short title

This water resource plan may be cited as the Water Resource (Calliope River Basin) Plan 2006.

2Purposes of plan

The following are the purposes of this plan—

(a)to define the availability of water in the plan area;

(b)to provide a framework for sustainably managing water and the taking of water;

(c)to identify priorities and mechanisms for dealing with future water requirements;

(d)to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;

(e)to regulate the taking of overland flow water.

3Definitions

The dictionary in schedule 2 defines particular words used in this plan.

4Plan area

This plan applies to the area shown as the plan area on the map in schedule 1.

5Information about plan area

(1)The exact location of the boundary of the plan area is held in digital electronic form by the department.

(2)The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.

6Water to which plan applies

This plan applies to the following water in the plan area—

(a)water in a watercourse, lake or spring;

(b)overland flow water.

7Outcomes for water in plan area

Water is to be allocated and sustainably managed in a way that—

(a)recognises the natural state of watercourses, lakes and springs has changed because of the taking of, and interfering with, water; and

(b)seeks to achieve a balance in the following outcomes—

(i)the general outcomes mentioned in section 8;

(ii)the ecological outcomes mentioned in section 9.

8General outcomes

Each of the following is a general outcome for water in the plan area—

(a)to provide for the use of all water entitlements and other authorisations in the plan area;

(b)to provide for the continued use of all existing works;

(c)to make water available to sustain current levels of, and to provide for appropriate growth in, economic activity in the plan area;

(d)to support the water-related social and cultural values of communities in the plan area;

(e)to encourage continual improvement in the efficient use of water.

9Ecological outcomes

(1)Each of the following is an ecological outcome for water in the plan area—

(a)to support natural ecosystems by minimising changes to natural flow regimes;

(b)to maintain adequate water flows to protect the health of riparian vegetation and aquatic ecosystems in the plan area;

(c)to maintain adequate freshwater outflows to The Narrows and the natural wetlands in the plan area.

(2)In this section—

The Narrows means the estuarine passage between Curtis Island and the mainland that extends from Kangaroo Island to the mouth of Raglan Creek.

10Strategies

(1)This part states the strategies for achieving the outcomes mentioned in part 3.

(2)The strategies—

(a)form part of a broad framework for the management of natural resources; and

(b)complement other activities for advancing the sustainable management of water.

11Decisions about taking water

(1)The chief executive must not make a decision about the allocation or management of water in the plan area that would increase the total volume of water that may be taken in the plan area.

(2)A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.

(3) Subsections (1) and (2) do not apply to a decision—

(a)about a water permit; or

(b)about reinstating or replacing an expired water licence; or

(c)about taking overland flow water mentioned in section 13 (1) (a) or (e); or

(d)to grant a water licence to an owner of land, other than land adjoining a watercourse, lake or spring, to take water for stock or domestic purposes using works that were in existence before 4 March 2004; or

(e)about unallocated water made under section 19; or

(f)required to be made under the resource operations plan.

12Annual volumetric limit for taking water from watercourse, lake or spring

The annual volumetric limit for a water licence to take water from a watercourse, lake or spring is—

(a)for a licence that states the volume of water that may be taken in a water year—the stated volume; and

(b)for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 7; and

(c)for another licence—the volume decided by the chief executive having regard to the following—

(i)the conditions under which water may be taken under the licence;

(ii)the water-taking capacity of any works, being used or authorised to be used, for taking water under the licence;

(iii)the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;

(iv)the efficiency of the use of the water mentioned in subparagraph (iii).

13Limitation on taking overland flow water—Act, s 20 (2)

(1)A person may not take overland flow water other than—

(a)for stock or domestic purposes; or

(b)for another purpose, other than ponded pasture or water spreading, using works that allow the taking of overland flow water; or

(c)under an authorisation to take unallocated water granted to the person under the resource operations plan; or

(d)under another authorisation; or

(e)overland flow water of not more than the amount necessary to satisfy the requirements of—

(i)an environmental authority issued under the Environmental Protection Act 1994 ; or

(ii)a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or

(f)overland flow water of not more than the amount necessary to divert the water around a mine site; or

(g)overland flow water that is contaminated agricultural runoff water; or

(h)under an authority under section 15.

(2)In this section—

contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.

Editor’s note—

A copy of the code is available on the department’s website.

ponded pasture means constructing banks or otherwise modifying naturally wet areas to impound water to use it mainly for growing fodder for grazing.

water spreading means using shallow earth walls to divert or delay the movement of water across its natural flow path to increase beneficial infiltration of the soil by the water, mainly for growing fodder for grazing.

works—

(a)means works having a capacity of not more than 5ML; and

(b)does not include works that are connected, physically or by any device able to transfer water, to any other works used or able to be used for storing water.

s 13 amd 2013 Act No. 23 s 352 sch 1 pt 2

14Decisions about taking overland flow water

(1)In deciding an application under the Act or the Sustainable Planning Act 2009 about taking overland flow water, the chief executive must consider whether granting the application is likely to adversely affect—

(a)natural aquatic ecosystems, including, for example, natural wetlands; or

(b)users of overland flow water downstream of the area to which the application relates.

(2)However, subsection (1) does not apply to an application—

(a)for a water permit; or

(b)to reinstate or replace an expired licence.

s 14 amd 2009 SL No. 280 s 162

15Taking water using existing works or reconfiguration of existing works authorised

(1)This section applies to the owner of land on which existing works are situated, other than works that allow the taking of overland flow water under section 13 (1) (a) to (g).

(2)The owner may continue to take overland flow water using the works for 1 year after the commencement of this plan.

(3)Also, if the owner gives the chief executive notice in the approved form of the existing works, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow water after the notice and information are given.

(4)In this section—

existing works includes works that—

(a)are a reconfiguration of existing works; and

(b)do not increase the average annual volume of water taken above the average annual volume taken using the existing works.

16Granting water licences for authorities under s 15

(1)This section applies if—

(a)an owner of land is authorised under section 15 to continue taking overland flow water using existing works; and

(b)the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the works, above the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.

(2)The chief executive may—

(a)under section 212 of the Act, grant a water licence to replace the authority under section 15; and

(b)impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the works is not more than the average annual volume that could have been taken under the operating arrangements for the works in place immediately before the commencement of this plan.

17Granting or amending water licences under the resource operations plan

(1)For granting, under section 212 of the Act, a water licence to replace an authority under section 15, or amending a water licence granted under section 16, the chief executive—

(a)must have regard to—

(i)the capacity to take water of the works to which the authority or licence relates; and

(ii)the annual volumes of water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement of this plan; and

(b)may have regard to the extent to which the works allowed the taking of water under another authorisation immediately before the commencement.

(2) Subsection (1) does not limit the matters to which the chief executive may have regard.

(3)The chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works including the capacity of the works and the rate at which the works may take water.

(4)A water licence granted or amended under the resource operations plan may include the following—

(a)the maximum volume of water, in megalitres, that may be taken under the licence;

(b)the average annual volume of water, in megalitres, that may be taken under the licence;

(c)the maximum rate at which water may be taken under the licence;

(d)a condition stating that water taken under the licence must be measured in the way stated in the resource operations plan.

18Relationship with Sustainable Planning Act 2009

(1)Works that allow the taking of overland flow water are assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 1, table 4, item 3(f).

(2) Subsection (1) does not apply to—

(a)works mentioned in subsection (3); or

(b)the repair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—

(i)works to which section 15 applies;

(ii)works constructed under a development permit.

(3)The following works are self-assessable development for the Sustainable Planning Regulation 2009 , schedule 3, part 2, table 4, item 1(e)—

(a)works that allow the taking of overland flow water only for stock or domestic purposes;

(b)works for taking overland flow water mentioned in section 13 (1) (b);

(c)works for taking only the overland flow water mentioned in section 13 (1) (e).

s 18 amd 2009 SL No. 280 s 163 ; 2011 Act No. 40 s 107 sch

19Limitation on allocation of unallocated water

(1)The allocation of unallocated water is limited to a total annual volume of 5500ML for all purposes.

(2)For purposes of town water supply, the allocation of unallocated water is limited to a total annual volume of 500ML.

(3)Despite subsection (2), the chief executive may allow more than 500ML for purposes of town water supply if the allocation of 500ML is not sufficient for the purposes and there is no other viable water supply.

20Dealing with unallocated water

Unallocated water may be granted under a process in the resource operations plan.

21Matters chief executive must consider

(1)In dealing with unallocated water, the chief executive must consider—

(a)the need for, and efficiency of, present and proposed uses of water including—

(i)the extent to which water is being taken under authorisations in the plan area; and

(ii)emerging requirements in the plan area for additional water and the likely timeframe in which the additional water will be required; and

(iii)alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and

(b)the availability of an alternative water supply for the purpose for which the water is required; and

(c)the impact the proposed taking of, or interfering with, the water may have on the following—

(i)water quality;

(ii)the connectivity of habitats that are dependent on flows in the river system;

(iii)the natural seasonality of flows;

(iv)estuarine ecosystems;

(v)the natural movement of sediment;

(vi)inundation of habitats;

(vii)the movement of fish and other aquatic species;

(viii)recreation and aesthetic values of the plan area;

(ix)cultural values, including, for example, cultural values of local Aboriginal communities; and

(d)imposing flow conditions to protect low flows and other ecologically significant flows; and

(e)the impact the proposed taking of, or interfering with, the water may have on water users in the plan area.

(2) Subsection (1) does not limit the matters the chief executive may consider.

pt hdg sub 2014 SL No. 142 s 57

23Monitoring requirements

(1)To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3, the resource operations plan must state the monitoring requirements for water and natural ecosystems for this plan.

(2) Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.

s 23 sub 2014 SL No. 142 s 57

24Minister’s report on plan—Act, s 53

(1)The Minister’s report on this plan must be prepared for a period (the reporting period)—

(a)starting on the commencement of this plan; and

(b)ending within 5 years—

(i)for the first report—after the beginning of the financial year in which this plan commenced; and

(ii)for subsequent reports—after the end of the previous reporting period.

(2)The Minister’s report must be prepared within 12 months after the end of the reporting period to which the report relates.

(3)In this section—

previous reporting period, in relation to a reporting period, means the reporting period immediately preceding the reporting period.

s 24 sub 2014 SL No. 142 s 57

25Implementation schedule

The proposed arrangement for implementing this plan is to prepare, within 3 years after the commencement of this plan, a resource operations plan making unallocated water available for allocation.

26Minor or stated amendment of plan—Act, s 57

The following types of amendment may be made to this plan under section 57 (b) of the Act—

(a)an amendment of the capacity of works mentioned in section 13 (1) (b);

(b)an amendment or addition of the type of works that allow the taking of overland flow water mentioned in section 13 or 15;

(c)an amendment or addition of a monitoring or reporting requirement under part 5.

s 26 amd 2014 SL No. 142 s 58

27Amending or replacing plan

The Minister must consider amending this plan or preparing a new plan to replace this plan if the Minister is satisfied—

(a)authorisations in the plan area are not sufficient to meet emerging requirements for additional water; or

(b)there is a risk that taking, or interfering with, subartesian water in the plan area may significantly impact on the plan’s outcomes; or

(c)there is a risk that taking, or interfering with, subartesian water in the plan area may significantly affect—

(i)the availability of water for existing water entitlements; or

(ii)the water requirements of natural ecosystems; or

(iii)the quality of water; or

(d)this plan’s ecological outcomes under section 9 are not being achieved.

section 4

section 3

annual volumetric limit, for a water licence, means the maximum volume of water that may be taken under the licence in a water year.

authorisation means a licence, permit or other authority to take water given under the Act or the repealed Act, other than a permit for stock or domestic purposes.

ecological asset includes a species, a group of species, a biological function, an ecosystem or a place of natural value for which water is critical.

existing works—

1

Existing works means works that—

(a)allow the taking of overland flow water; and

(b)either—

(i)were in existence on 4 March 2004; or

(ii)were started by 4 March 2004 and completed by 7 May 2004.

2The term does not include works that allow the taking of overland flow water only for stock or domestic purposes.

plan area means the area shown as the plan area on the map in schedule 1.

resource operations plan means the resource operations plan to implement this plan.

started, for existing works, means—

(a)construction of the works had physically started, or if construction had not physically started, a contract had been entered into to start construction; and

(b)an independently verifiable construction program existed for progressive construction towards completion of the works; and

(c)detailed design plans existed showing, among other things, the extent of the works; and

(d)if a permit under the Local Government Act 1993 , section 940, was required for the works—the permit had been issued; and

(e)if a development permit was required for the works—the permit had been given.

works that allow the taking of overland flow water include—

(a)storages, sumps, drains, embankments, channels, pipes and pumps for taking, or that can be used for taking, overland flow water; and

(b)storages that are connected to the works mentioned in paragraph (a); and

(c)works that make, or that can be used to make, the original connection between the storages mentioned in paragraph (b) and the works mentioned in paragraph (a).