Water Act 2000

An Act to provide for the sustainable management of water and the management of impacts on underground water, and for other purposes

Long title amd 2008 No. 34 s 667

sub 2014 No. 64 s 58 (amd 2016 No. 60 s 11)

ch 1 pt 1 hdg ins 2010 No. 12 s 238

1Short title

This Act may be cited as the Water Act 2000.

2Purposes of Act and their achievement

(1)The main purposes of this Act are to provide a framework for the following—

(a)the sustainable management of Queensland’s water resources and quarry material by establishing a system for—

(i)the planning, allocation and use of water; and

(ii)the allocation of quarry material and riverine protection;

(b)the sustainable and secure water supply and demand management for the south-east Queensland region and other designated regions;

(c)the management of impacts on underground water caused by the exercise of underground water rights by the resource sector;

(d)the effective operation of water authorities.

(2)For subsection (1)(a), sustainable management is management that—

(a)incorporates the principles of ecologically sustainable development; and

(b)allows for the allocation and use of water resources and quarry material for the economic, physical and social wellbeing of the people of Queensland, within limits that can be sustained indefinitely; and

(c)sustains the health of ecosystems, water quality, water-dependent ecological processes and biological diversity associated with watercourses, lakes, springs, aquifers and other natural water systems, including, where practicable, reversing degradation that has occurred; and

(d)recognises the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; and

(e)enables water resources and quarry material to be obtained through fair, transparent and orderly processes to support the economic development of Queensland; and

(f)builds confidence regarding the availability, security and value of water entitlements and other authorisations; and

(g)promotes the efficient use of water through—

(i)the establishment and operation of water markets; or

(ii)the initial allocation of water; or

(iii)the regulation of water use if there is a risk of land or water degradation; or

(iv)increasing community understanding of the need to use and manage water in a sustainable way; and

(h)facilitates the community taking an active part in planning for the management and allocation of water.

(3)For subsection (2)(g), the efficient use of water—

(a)incorporates water demand management and water conservation measures; or

(b)considers the volume and quality of water required for particular circumstances, including release into the environment.

s 2 amd 2001 No. 75 s 4 (retro)

sub 2014 No. 64 s 59 (amd 2016 No. 60 s 12)

3Act binds all persons

(1)This Act binds all persons, including the State, and, in so far as the legislative power of the State permits, the Commonwealth and the other States.

(2)Subsection (1) does not apply to—

(a)the operation of the State Development and Public Works Organisation Act 1971; or

(b)the powers of the coordinator-general under the State Development and Public Works Organisation Act 1971.

s 3 (prev s 4) renum 2014 No. 64 s 61

ch 1 pt 2 hdg ins 2010 No. 12 s 239

sub 2014 No. 64 s 62

4Definitions

The dictionary in schedule 4 defines particular words used in this Act.

s 4 (prev s 3) reloc and renum 2014 No. 64 s 60

5Meaning of watercourse

(1)A watercourse is a river, creek or other stream, including a stream in the form of an anabranch or a tributary, in which water flows permanently or intermittently, regardless of the frequency of flow events—

(a)in a natural channel, whether artificially modified or not; or

(b)in an artificial channel that has changed the course of the stream.

(2)A watercourse includes any of the following located in it—

(a)in-stream islands;

(b)benches;

(c)bars.

(3)However, a watercourse does not include a drainage feature.

(4)Further—

(a)unless there is a contrary intention, a reference to a watercourse in this Act, other than in this part or in the definitions in schedule 4 to the extent they support the operation of this part, is a reference to anywhere that is—

(i)upstream of the downstream limit of the watercourse; and

(ii)between the lateral limits of the watercourse; and

(b)a reference in this Act to, or to a circumstance that involves, land adjoining a watercourse, is a reference to, or to a circumstance that involves, land effectively adjoining a watercourse.

Note for paragraph (b)—

Generally, the non-tidal boundary (watercourse) of land bounded by a watercourse, as provided for under the Survey and Mapping Infrastructure Act 2003, would not correspond precisely with the line of the outer bank of a watercourse under this Act.

(5)In this section—

adjoining includes being bounded by, being adjacent to, or abutting.

lateral limits, of a watercourse, are the outer bank on one side of the watercourse and the outer bank on the other side of the watercourse.

s 5 ins 2010 No. 12 s 239

amd 2014 No. 64 s 63

5AAWatercourse etc. may be mapped

(1)The chief executive may prepare a map (watercourse identification map) identifying any of the following features—

(a)a watercourse (other than its lateral limits);

(c)the downstream limit of a watercourse;

(d)a drainage feature;

(e)a lake;

(f)a spring.

(2)The watercourse identification map must be—

(a)certified by the chief executive as the watercourse identification map as in force from a stated day; and

(b)published, in digital electronic form, on a Queensland Government website.

(3)A feature identified on the watercourse identification map as a watercourse is taken to be a watercourse (to the extent of its lateral limits) for this Act.

(5)A position or feature identified on the watercourse identification map as the downstream limit of a watercourse is taken to be the downstream limit of the watercourse for this Act.

(6)A feature identified on the watercourse identification map as a drainage feature is taken to be a drainage feature for this Act.

(7)A feature identified on the watercourse identification map as a lake is taken to be a lake for this Act.

(8)A feature identified on the watercourse identification map as a spring is taken to be a spring for this Act.

(9)The chief executive must consult with the chief executive of the department in which the Coastal Protection and Management Act 1995 is administered before identifying a feature on the watercourse identification map as the downstream limit of a watercourse.

(10)In this section—

watercourse includes part of a watercourse.

s 5AA ins 2014 No. 64 s 64 (amd 2016 No. 60 s 13)

amd 2016 No. 60 s 7; 2023 No. 24 s 75 sch 1 pt 1

5AMeaning of outer bank

(1)The outer bank, at any location on one side of a watercourse, is—

(a)if there is a floodplain on that side of the watercourse—the edge of the floodplain that is on the same side of the floodplain as the watercourse; or

(b)if there is not a floodplain on that side of the watercourse—the place on the bank of the watercourse marked by—

(i)a scour mark; or

(ii)a depositional feature; or

(iii)if there are 2 or more scour marks, 2 or more depositional features or 1 or more scour marks and 1 or more depositional features—whichever scour mark or depositional feature is highest.

(2)However, subsection (3) applies if, at a particular location in the watercourse—

(a)there is a floodplain on one side of the watercourse; and

(b)the other side of the watercourse is confined by a valley margin.

Examples of valley margin—

hill, cliff, terrace

(3)Despite subsection (1)(b), the outer bank on the valley margin side of the watercourse is the line on the valley margin that is at the same level as the outer bank on the other side of the watercourse.

(4)Despite subsections (1) to (3), if under this part the chief executive has declared an outer bank on a side of a watercourse for any length of the watercourse, the outer bank on that side of the watercourse for that length is the outer bank as declared by the chief executive.

(5)To remove any doubt, it is declared that an outer bank of a watercourse—

(a)can not be, or be a part of, an in-stream island, bench or bar located in the watercourse; and

(b)can not be generally closer to the middle of the watercourse than any part of an in-stream island, bench or bar located in the watercourse.

s 5A ins 2010 No. 12 s 239

5BDeclaration of outer bank

(1)The chief executive may by gazette notice declare an outer bank of a watercourse for a length (the relevant length) of the watercourse.

(2)The chief executive may make a declaration under subsection (1) only if—

(a)it is not reasonably practicable to otherwise identify the outer bank of the watercourse for the relevant length; or

(b)the chief executive is satisfied that the outer bank of the watercourse for the relevant length does not appropriately locate a watercourse for the purposes of the exercise of jurisdiction over watercourses under this Act.

(3)If the chief executive acts under subsection (2)(a), the chief executive must, in making a declaration under subsection (1), take reasonable steps to declare the outer bank consistently with what would have been the location of the outer bank if it had not become impracticable to identify it.

(4)However, a declaration can not have effect to locate an outer bank for any period before the declaration is made.

s 5B ins 2010 No. 12 s 239

6Meaning of domestic purposes

(1)Domestic purposes, for taking water, means taking water for the following—

(a)household purposes;

(b)watering of animals kept as pets;

(c)watering a garden.

(2)For subsection (1)(c), the combined size of the garden must not exceed an area of 0.5ha.

(3)However, if a water plan states either of the following for this definition, it applies instead of subsection (2)—

(a)a different size for the garden;

(b)a volume of water sufficient to water a different size garden.

(4)In this section—

garden includes a lawn.

s 6 ins 2014 No. 64 s 65

7Meaning of principles of ecologically sustainable development

The following principles are principles of ecologically sustainable development—

(a)decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equitable considerations;

(b)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

(c)the present generation should ensure the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

(d)the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

(e)recognition of the need to develop a strong, growing and diversified economy that can enhance the capacity for environmental protection;

(f)decisions and actions should provide for broad community involvement on issues affecting them.

s 7 ins 2014 No. 64 s 65 (amd 2016 No. 60 s 14)

ch 1A hdg ins 2014 No. 64 s 66

ch 1A pt 1 hdg (prev ch 2 pt 2 div 2A hdg) ins 2005 No. 56 s 4

sub 2014 No. 64 s 254 sch 1

ch 1A pt 1 div 1 hdg (prev ch 2 pt 2 div 2A sdiv 1 hdg) ins 2005 No. 56 s 4

amd 2014 No. 64 s 254 sch 1

25AMeaning of water supply emergency

(1)A water supply emergency is a situation in which there is a demonstrably serious risk the State’s, or a part of the State’s, essential water supply needs will not be met.

(2)The following are examples of circumstances from which a situation mentioned in subsection (1) may arise—

(a)failure of a large part of water supply, treatment or distribution infrastructure or wastewater infrastructure;

(b)extended severe drought conditions;

(c)contamination of a water storage used for essential water supply needs causing the water to be unfit for supply.

(3)In this section—

demonstrably, in relation to a serious risk, means the serious risk can be demonstrated by reliable data about water supply.

essential water supply needs means water supply for—

(a)domestic purposes; or

(b)essential services, including the generation or distribution of electricity; or

(c)processing or refining minerals or petroleum in the local government area of the Gladstone Regional Council.

s 25A ins 2005 No. 56 s 4

amd 2007 No. 59 s 144

ch 1A pt 1 div 2 hdg (prev ch 2 pt 2 div 2A sdiv 2 hdg) ins 2005 No. 56 s 4

amd 2014 No. 64 s 254 sch 1

25BDeclaration of water supply emergency

(1)The Minister may make a water supply emergency declaration if the Minister is satisfied—

(a)there is a water supply emergency; or

(b)a water supply emergency is developing.

(2)Before making a water supply emergency declaration, the Minister must have regard to other measures, instead of a water supply emergency declaration, that could be taken under this or another Act to deal with the water supply emergency.

(3)The water supply emergency declaration—

(a)has effect from the time it is made by the Minister or the later day stated in the declaration; and

(b)remains in force until the earlier of the following—

(i)the commencement of a regulation dealing with the matters mentioned in the declaration;

(ii)the end of 20 business days after the declaration takes effect.

(4)As soon as possible after making a water supply declaration, the Minister must give a copy of the declaration to each service provider to which the declaration applies.

(5)As soon as practicable after making a water supply declaration, the Minister must publish a copy of the declaration in the gazette.

s 25B ins 2005 No. 56 s 4

amd 2014 No. 51 s 3

25CContents of water supply emergency declaration

(1)A water supply emergency declaration must state—

(a)the water supply emergency to which the declaration applies; and

(b)the part of the State to which the declaration applies; and

(c)the service providers to which the declaration applies; and

(d)for dealing with the water supply emergency—

(i)the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii)if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii)if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a response (a water supply emergency response) stating the way the service provider intends to ensure the restrictions are complied with; and

(iv)the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v)that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a response (also a water supply emergency response) stating—

(A)the actions the service provider intends to take to achieve the outcomes; and

(B)if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with.

(2)The declaration must, to the greatest practicable extent, state, for the measures directed to be carried out or outcomes directed to be achieved—

(a)whether the State or 1 or more service providers are to pay the cost and, if more than 1 entity is to pay the cost, the apportionment of the costs; and

(b)if the State is to contribute to the cost—the amount to be contributed and the way in which it is to be paid; and

(c)the extent to which, and the service providers from whom, the State may recover any contributions made; and

(d)the extent to which, and the service provider’s customers or other service providers from whom, a service provider may recover the contributions made by the State and the costs approved by the Minister; and

(e)whether, and on what, a service provider may recover a rate of return and the service provider’s customers or other service providers from whom it may be recovered.

(3)A water supply emergency declaration may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the declaration.

(4)If a water supply emergency declaration for a part of the State is inconsistent with the objectives of a water plan for the part, the water supply emergency declaration is ineffective to the extent of the inconsistency.

(5)However—

(a)the water supply emergency declaration may, to the extent stated in the declaration, be inconsistent with—

(i)the operations manual that implements the water plan; or

(ii)a resource operations licence for the water to which the plan applies; or

(iii)an interim resource operations licence; and

(b)to the extent of the inconsistency, the water supply emergency declaration prevails.

s 25C ins 2005 No. 56 s 4

amd 2008 No. 34 s 668; 2014 No. 40 s 132; 2014 No. 64 s 254 sch 1

25CAAmendment of water supply emergency declaration

(1)This section applies if, when the Minister makes a water supply emergency declaration (the original declaration), it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e).

(2)The Minister must, as soon as practicable after the original declaration is published in the gazette, and after consultation with the Treasurer, amend the original declaration to state the matters.

s 25CA ins 2008 No. 34 s 669

amd 2014 No. 51 s 4

25DMeasures mentioned in a water supply emergency declaration

The measures a service provider may, in a water supply emergency declaration, be directed to carry out are the following—

(a)to make available, water from the service provider’s authority under this Act to take or interfere with water or non-Act water, to—

(i)other service providers; or

(ii)entities responsible for generating electricity; or

(iii)the coordinator-general;

(b)to operate infrastructure to allow water, including non-Act water, to be supplied to the entities mentioned in paragraph (a);

(c)to make non-Act water available to a customer or type of customer;

(d)to operate infrastructure to allow non-Act water to be supplied to a customer or type of customer;

(e)to restrict, in the way stated in the declaration, the following—

(i)the volume of water taken by or supplied to a customer or type of customer;

(ii)the hours when water may be used on premises for stated purposes;

(iii)the way water may be used on premises;

(f)to apply a restriction imposed under paragraph (e) to water, including non-Act water, taken from a rainwater tank connected to the service provider’s reticulated water supply.

s 25D ins 2005 No. 56 s 4

25ERequirement to comply with water supply emergency declaration

(1)A service provider to whom a direction is given under a water supply emergency declaration must comply with the direction.

Maximum penalty—

(a)for a direction mentioned in section 25C(1)(d)(i)—1,665 penalty units; or

(b)for a direction mentioned in section 25C(1)(d)(iii) or (v)—1,000 penalty units.

Note—

See also the Water Supply Act, section 43(4) to (6).

(2)Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the declaration.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove—

(a)the service provider made all reasonable efforts to comply with the direction; and

(b)the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

s 25E ins 2005 No. 56 s 4

amd 2008 No. 34 s 666 sch 2

25FRegulation about water supply emergency

(1)This section applies if—

(a)there is a water supply emergency; or

(b)a water supply emergency is developing.

(2)A regulation (a water supply emergency regulation) may state—

(a)the water supply emergency to which the regulation applies; and

(b)the part of the State to which the regulation applies; and

(c)the service providers to which the regulation applies; and

(d)for dealing with the water supply emergency—

(i)the measures each service provider is directed to carry out and the day by which the measures are to be carried out; and

(ii)if the measures a service provider is directed to carry out include making non-Act water available to, or operating infrastructure to allow non-Act water to be supplied to, a customer or type of customer—whether section 25K applies to the direction; and

(iii)if the measures a service provider is directed to carry out include imposing the restrictions mentioned in section 25D—that the service provider is directed to give the Minister for approval, within the time stated, a water supply emergency response stating the way the service provider intends to ensure the restrictions are complied with; and

(iv)the outcomes each service provider is directed to achieve and the day by which the outcomes are to be achieved; and

(v)that a service provider directed to achieve outcomes is directed to give the Minister for approval, within the time stated, a water supply emergency response stating—

(A)the actions the service provider intends to take to achieve the outcomes; and

(B)if the actions include imposing the restrictions mentioned in section 25D—the way the service provider intends to ensure the restrictions are complied with; and

(vi)any works that are to be carried out by the coordinator-general.

(2A)Before a water supply emergency regulation is made, the Minister must have regard to other measures, instead of a water supply emergency regulation, that could be taken under this or another Act to deal with the water supply emergency.

(3)For the matters mentioned in subsection (2)(d), the regulation must, to the greatest practicable extent, state the matters mentioned in section 25C(2)(a) to (e).

(4)The regulation may, to the extent stated in the regulation, continue the effect of a water supply emergency declaration.

(5)A water supply emergency regulation may authorise persons to exercise powers, including powers of decision and direction and delegated powers, to facilitate the implementation of the directions under the regulation.

(6)The regulation, for the part of the State to which it applies, must not be inconsistent with the objectives of a water plan for the part.

(7)However—

(a)the regulation may, to the extent stated in the regulation, be inconsistent with—

(i)the operations manual that implements the water plan; or

(ii)a resource operations licence for the water to which the plan applies; or

(iii)an interim resource operations licence; and

(b)to the extent of the inconsistency, the regulation prevails.

s 25F ins 2005 No. 56 s 4

amd 2008 No. 34 s 670; 2010 No. 20 s 78; 2014 No. 51 s 5; 2014 No. 40 s 132; 2014 No. 64 s 254 sch 1

25FAAmendment of water supply emergency regulation

(1)This section applies if, when a water supply emergency regulation (the original regulation) is made, it is not practicable to state, for each of the measures directed to be carried out and each of the outcomes directed to be achieved, all of the matters mentioned in section 25C(2)(a) to (e).

(2)The Minister must consult with the Treasurer about the matters.

(3)As soon as practicable after the original regulation is made, it must be amended to state the matters.

s 25FA ins 2008 No. 34 s 671

25GMeasures mentioned in a water supply emergency regulation

The measures a service provider may, under a water supply emergency regulation, be directed to carry out are the following—

(a)the measures mentioned in section 25D(a) to (f);

(b)to make changes to the service provider’s infrastructure, for example to improve efficiency by—

(i)reducing water losses from leakage from the service provider’s distribution system; or

(ii)bringing forward maintenance programs;

(c)to allow reasonable access, to connect to the service provider’s infrastructure and to operate and maintain the connection, to—

(i)other service providers; or

(ii)entities responsible for generating electricity; or

(iii)the coordinator-general;

(d)to implement a demand management program that, for a stated part of the State or type of customer, may include, but is not limited to, subsidising the installation by customers of water-saving devices;

(e)to design, construct and operate new infrastructure;

(f)to recommission and operate infrastructure that is not operating at the time the regulation is made.

s 25G ins 2005 No. 56 s 4

25HRequirement to comply with water supply emergency regulation

(1)A service provider to whom a direction is given under a water supply emergency regulation must comply with the direction.

Maximum penalty—

(a)for a direction mentioned in section 25F(2)(d)(i)—1,665 penalty units; or

(b)for a direction mentioned in section 25F(2)(d)(iii) or (v)—1,000 penalty units.

(2)Subsection (1) applies even if complying with the direction would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the regulation.

(3)It is a defence to a prosecution for an offence against subsection (1) to prove—

(a)the service provider made all reasonable efforts to comply with the direction; and

(b)the service provider is unable to comply with the direction because the service provider is unable to acquire, to the extent necessary to comply with the direction—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

s 25H ins 2005 No. 56 s 4

25IApproval of, or change to, response

(1)If the Minister is satisfied a water supply emergency response is adequate for carrying out the measures or to achieve the outcomes stated in a water supply emergency declaration or a water supply emergency regulation, the Minister must—

(a)approve the response; and

(b)give the service provider notice of the approval.

(2)If the Minister is not satisfied, the Minister must—

(a)change the response to make it adequate; and

(b)approve the changed response; and

(c)give the service provider notice of the approval.

(3)The service provider must comply with the approved water supply emergency response.

Maximum penalty—1,665 penalty units.

(4)Subsection (3) applies even if complying with the approved response would be inconsistent with the service provider’s current supply and infrastructure contractual arrangements and the current arrangements are ineffective—

(a)to the extent of the inconsistency; and

(b)for the period stated in the approved response.

(5)It is a defence to a prosecution for an offence against subsection (3) to prove—

(a)the service provider made all reasonable efforts to comply with the approved response; and

(b)the service provider is unable to comply with the approved response because the service provider is unable to acquire, to the extent necessary to comply with the response—

(i)the development and other approvals necessary for carrying out the measures or achieving the outcomes; or

(ii)the land on which the infrastructure is to be constructed; or

(iii)finance to carry out the measures or achieve the outcomes.

s 25I ins 2005 No. 56 s 4

25JWhen water supply emergency ends

(1)The Governor in Council must make a regulation under this section if the Minister considers a water supply emergency has ended.

(2)The regulation must state—

(a)that the water supply emergency to which it applies no longer exists; and

(b)the actions that may be taken, or continue to be taken, to deal with circumstances arising because of the water supply emergency, including any actions taken under a water supply emergency regulation that must be completed or discontinued.

(3)However, for the regulation to state that an action taken under a water supply emergency regulation must be completed, the Minister must be satisfied it would be detrimental to the interests of the State or another entity not to complete the action, taking into account the following—

(a)the extent of work undertaken;

(b)the obligations arising under any contract or other agreement;

(c)any costs or other amounts the State or another entity is liable to pay;

(d)the amount of money spent;

(e)any other relevant circumstance.

(4)The actions that may be taken or continue to be taken include giving any directions that could have been given under the water supply emergency regulation if the emergency continued to exist.

(5)Subject to a regulation under this section, the ending of a water supply emergency has no effect on the exercise of powers under this part.

s 25J ins 2005 No. 56 s 4

amd 2008 No. 34 s 672; 2014 No. 64 s 254 sch 1

ch 1A pt 1 div 3 hdg (prev ch 2 pt 2 div 2A sdiv 3 hdg) ins 2005 No. 56 s 4

amd 2014 No. 64 s 254 sch 1

25KSupply arrangements

(1)Subsection (3) applies if a water supply emergency declaration or a water supply emergency regulation, directs a service provider—

(a)to make water, including non-Act water, available; or

(b)to operate infrastructure to allow water, including non-Act water, to be supplied.

(2)However, if the direction is to make non-Act water available to, or to operate infrastructure to allow non-Act water to be supplied to, a customer or type of customer, this section applies only to the extent stated in the declaration or regulation.

(3)The service provider must, at the time the provider makes the water available or operates the infrastructure, have a supply contract with each entity to whom the service provider is directed to make water available or allow water to be supplied.

(4)The chief executive may approve a supply contract for the supply, storage and delivery of water under a water supply emergency declaration or regulation including the price to be paid for the supply, storage and delivery.

(5)The chief executive must gazette approval of the supply contract.

(6)If, at any time, the service provider and an entity do not have a supply contract in compliance with subsection (3), the supply contract approved by the chief executive applies, for the time, to the supply, storage and delivery of water under the declaration or regulation.

s 25K ins 2005 No. 56 s 4

25LRelationship with State Development and Public Works Organisation Act 1971

(1)This section applies to facilitate—

(a)carrying out measures mentioned in a water supply emergency declaration or a water supply emergency regulation; and

(b)compliance with an approved water supply emergency response; and

(c)the carrying out of works, mentioned in a water supply emergency regulation, by the coordinator-general.

(2)The State Development and Public Works Organisation Act 1971 (the State Development Act) has effect in the following way—

(a)section 103 applies as if—

(i)the water supply emergency declaration, water supply emergency regulation or approved water supply emergency response were a regulation made under section 100; and

(ii)the service provider were a local body;

(b)sections 105, 106 and 154 apply as if—

(i)an appointment of the coordinator-general under section 25M of this Act were an authorisation of the coordinator-general under section 104(6); and

(ii)the service provider were a local body;

(c)sections 109 and 110 apply as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were a regulation under section 109 directing works be undertaken;

(d)section 125(1)(a) applies as if a statement in the water supply emergency regulation about works to be carried out by the coordinator-general were an authorisation to undertake works;

(e)sections 125(1)(c) and 134 apply as if the service provider were a local body;

(f)sections 134 and 136 apply as if the works mentioned in the water supply emergency regulation or approved water supply emergency response were authorised works;

(g)section 137 applies as if the reference in section 137(b) to section 136 were a reference to section 136 as it has effect under paragraph (f);

(h)section 139 applies to the extent it relates to the application of section 136.

(3)Despite the State Development Act, section 111(2)(b), the coordinator-general may delegate to a service provider a power, function or duty conferred or imposed on the coordinator-general under this part.

(4)If agreement is not reached under the State Development Act, section 134, a regulation may approve particulars of arrangements for the transfer, management, operation and control of the works.

(5)The regulation, to the extent it approves the particulars, is taken to be a regulation made under the State Development Act, section 134.

(6)In this section—

authorised works see the State Development Act, schedule 2.

local body see the State Development Act, schedule 2.

s 25L ins 2005 No. 56 s 4

amd 2006 No. 54 s 27; 2014 No. 64 s 254 sch 1

25MAppointment of person to carry out measures or achieve outcomes

(1)This section applies if a service provider does not comply with—

(a)a direction under a water supply emergency declaration or a water supply emergency regulation; or

(b)an approved water supply emergency response; or

(c)a compliance notice given by the chief executive under section 780(1) in relation to the direction or response.

(2)The Governor in Council may appoint a person to comply with the direction or response as agent for the service provider.

(3)The appointment—

(a)has effect when it is notified in the gazette; and

(b)remains in force until—

(i)the day stated in the notification; or

(ii)if no day is stated in the notification—the day withdrawal of the appointment is notified.

(4)The appointment may deal with any matter necessary or convenient to help the person comply with the direction or response.

(5)A direction or response mentioned in subsection (1) does not include a direction or response about imposing service provider water restrictions.

s 25M ins 2005 No. 56 s 4

amd 2006 No. 23 s 3

25NEffect of appointee carrying out measures or achieving outcomes

(1)A person appointed under section 25M(2) (the appointee) may do all things necessary or convenient to comply with the direction or response.

(2)A person in possession of premises on which the service provider’s infrastructure is situated must give the appointee access to the premises to enable the appointee to comply with the direction or response.

Maximum penalty—500 penalty units.

(3)A person in possession of premises must not take action or refuse to take action if the taking or refusal has the effect of preventing the appointee from, or hindering the appointee in, complying with the direction or response.

Maximum penalty—1,665 penalty units.

(4)Subsections (2) and (3) do not apply to an act done, or omission made, during or relating to industrial action under the Industrial Relations Act 2016.

(5)The service provider is liable for the appointee’s reasonable costs of complying with the direction or response as agent for the service provider.

s 25N ins 2005 No. 56 s 4

amd 2016 No. 63 s 1157 sch 6

ch 1A pt 1 div 4 hdg (prev ch 2 pt 2 div 2A sdiv 4 hdg) ins 2005 No. 56 s 4

amd 2014 No. 64 s 254 sch 1

25ORecovery of costs incurred

(1)This section applies to a service provider who—

(a)under a water supply emergency declaration or a water supply emergency regulation—

(i)is directed to pay the cost of carrying out measures, achieving outcomes or works carried out by the coordinator-general; or

(ii)may recover contributions by the State; or

(b)under a regulation made under section 25J(2)(b), incurs costs in completing or discontinuing actions taken under a water supply emergency regulation; or

(c)under section 25N(5), is liable to pay an appointee’s costs; or

(d)under a regulation made under the State Development Act, section 134 or 154, is required to pay costs incurred by or for the coordinator-general.

(2)The service provider may, to the extent stated in the declaration or regulation, recover from the service provider’s customers or other service providers—

(a)the contributions made by the State; and

(b)the costs mentioned in subsection (1) to the extent they are approved by the Minister; and

(c)the rate of return.

(3)Subsection (2) applies despite—

(a)any condition of the service provider’s authority under this Act to take or interfere with water; or

(b)any provision to the contrary in a supply contract, or a contract for the supply of registered services, between the service provider and the service provider’s customers or other service providers; or

(c)the pricing arrangements in a relevant notice mentioned in section 1137 or a regulation amending a relevant notice; or

(d)any direction given under section 999.

(4)The service provider may recover, as a debt due to the service provider, any amount the service provider is entitled to recover under subsection (2).

s 25O ins 2005 No. 56 s 4

amd 2008 No. 34 s 673

25PRecovery of contributions by the State

The State may recover, as a debt due to the State by a service provider, any contributions the State is entitled, under a water supply emergency declaration or a water supply emergency regulation, to recover from the service provider.

s 25P ins 2005 No. 56 s 4

25QQueensland Competition Authority

The Queensland Competition Authority, in performing its functions under the Queensland Competition Authority Act 1997, must not act in a way that is inconsistent with a water supply emergency declaration, a water supply emergency regulation or section 25O.

s 25Q ins 2005 No. 56 s 4

ch 1A pt 1 div 5 hdg (prev ch 2 pt 2 div 2A sdiv 5 hdg) ins 2005 No. 56 s 4

amd 2014 No. 64 s 254 sch 1

25RApplying for compensation

(1)A person, including a service provider, who suffers loss or damage because of actions taken under this part may apply to the Minister for compensation for the loss or damage.

(2)The application must be made in writing within 65 business days after the person suffers the loss or damage.

(3)The application must state—

(a)details of the person’s loss or damage; and

(b)the amount of compensation claimed and the grounds for the amount claimed.

(4)The applicant must also provide any other relevant information reasonably required by the Minister to decide the application.

(5)Despite subsection (2), the Minister may accept a person’s application for compensation made more than 65 business days after the person suffers the loss or damage if the Minister is satisfied it would be reasonable in all the circumstances to accept the application.

(6)The Minister’s acceptance of an application for compensation does not give an applicant an entitlement to the compensation.

s 25R ins 2005 No. 56 s 4

amd 2014 No. 64 s 254 sch 1

25SWhen compensation is not payable

(1)Compensation is not payable to a person for—

(a)loss or damage suffered because of a service provider water restriction imposed under—

(i)a direction under a water supply emergency declaration or water supply emergency regulation; or

(ii)an approved water supply emergency response; or

(b)costs or contributions mentioned in section 25O(1); or

(c)loss or damage to the extent that an amount for the loss or damage is recovered or recoverable by the person under a policy of insurance; or

(d)costs that were recovered from the person by a service provider under section 25O(2).

(2)Also, compensation is not payable to the person for loss or damage if the loss or damage would have happened irrespective of actions taken under this part.

s 25S ins 2005 No. 56 s 4

amd 2006 No. 23 s 4; 2014 No. 64 s 254 sch 1

25TRequirement for further information

(1)The Minister may give the applicant a notice stating—

(a)the information required by the Minister for deciding the application; and

(b)the time by which the information must be given to the Minister; and

(c)that, if the information is not given to the Minister by the stated time, the application will lapse.

(2)The stated time must be reasonable and, in any case, at least 15 business days after the notice is given.

(3)The Minister may give the applicant a further notice extending or further extending the time if the Minister is satisfied it would be reasonable in all the circumstances to give the extension.

(4)A notice may be given under subsection (3) even if the time to which it relates has lapsed.

(5)If the applicant does not comply with the requirement within the stated time, or any extension of the time, the application lapses.

s 25T ins 2005 No. 56 s 4

25UDeciding application

(1)The Minister must consider and decide an application made under section 25R within 65 business days after the later of the following—

(a)the day the Minister receives the application;

(b)the day the Minister receives all information required by the Minister for deciding the application.

(2)In deciding an application, the Minister may have regard to—

(a)the extent and nature of the applicant’s loss or damage; and

(b)the extent to which the applicant has mitigated, or attempted to mitigate, the loss or damage; and

(c)any other matter the Minister considers appropriate.

(3)The Minister may decide—

(a)to pay all or part of the compensation claimed; or

(b)to refuse to pay the compensation.

(4)If the Minister has not decided an application within the period stated in subsection (1) for the application, the Minister is taken to have refused to pay compensation.

s 25U ins 2005 No. 56 s 4

25VNotice about decision

As soon as practicable after deciding the application, the Minister must give the applicant a notice stating—

(a)the decision and the reasons for the decision; and

(b)if the Minister decides to pay compensation—details of the amount to be paid and how the amount was calculated.

s 25V ins 2005 No. 56 s 4

25WProtection of State and Minister from liability

Civil liability does not attach to the State or a Minister because of a failure to make a water supply emergency declaration under section 25B or a water supply emergency regulation under section 25F.

s 25W ins 2005 No. 56 s 4

25XProtection of service provider from liability

(1)Subsection (2) applies to actions taken by a service provider that are inconsistent with the service provider’s current supply and infrastructure contractual arrangements.

(2)The service provider is not liable for loss or damage caused by taking the actions in compliance with—

(a)a direction under a water supply emergency declaration or water supply emergency regulation; or

(b)an approved water supply emergency response.

(3)Subsection (2)—

(a)applies only to the extent the service provider acted reasonably and without negligence; and

(b)does not affect the service provider’s liability for negligence.

s 25X ins 2005 No. 56 s 4

ch 1A pt 2 hdg (prev ch 2 pt 2 div 2A sdiv 6 hdg) ins 2005 No. 56 s 4

sub 2014 No. 64 s 67 (4)

25YObtaining information from a service provider

(1)The chief executive may give a service provider a notice requiring information about 1 or more of the following—

(a)current and projected future water consumption by the service provider’s customers or a class of the customers;

(b)water restrictions the service provider has imposed or intends to impose;

(c)the events that would cause the service provider to impose the restrictions, for example, the available water supply falling to a stated level;

(d)the actions the service provider intends to take to ensure compliance with the restrictions;

(e)the demand management program the service provider proposes to implement;

(f)other measures the service provider proposes to take, for example, constructing new infrastructure or making changes to existing infrastructure.

(2)The notice may be given at any time and must state the reasonable time by which the information must be given to the chief executive.

(3)The service provider must comply with the notice, unless the service provider has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)It is a reasonable excuse for a service provider who is an individual not to comply with the notice if complying with the notice might tend to incriminate the individual.

s 25Y ins 2005 No. 56 s 4

sub 2014 No. 64 s 67 (4)

ch 1A pt 3 hdg (prev ch 2 pt 2 div 2B hdg) ins 2007 No. 57 s 63

amd 2014 No. 64 s 254 sch 1

25ZAApplication for approval to restrict use of subartesian water

(1)A water service provider may apply for written approval for the power to impose a restriction on the use of subartesian water by a customer of the water service provider in an area if the water is taken, other than for stock purposes, under—

(a)section 101(1)(c); or

(b)if the water is not taken under a water entitlement—

(i)a water plan; or

(ii)a regulation made under section 1046.

(2)The application must be—

(a)made to the chief executive in writing; and

(b)supported by sufficient information to enable the chief executive to decide the application.

(3)The chief executive may ask the applicant for additional information about the application.

s 25ZA ins 2007 No. 57 s 63

amd 2008 No. 34 s 674; 2013 No. 23 s 352 sch 1 pt 2; 2014 No. 51 s 6; 2014 No. 40 s 133 (1)–(2) ((3)–(4) amdt could not be given effect); 2014 No. 64 s 254 sch 1; 2018 No. 20 s 282 sch 1

25ZBDeciding application

(1)The chief executive must give the approval if the chief executive is satisfied that—

(a)the subartesian water and the water service provider’s water supply for a retail water service is being taken from the same source; and

(b)the taking of the subartesian water may threaten the security of the water service provider’s water supply for the retail water service; and

(c)service provider water restrictions have been imposed, or are about to be imposed, in relation to the water supply.

(2)If the chief executive is not satisfied about the matters mentioned in subsection (1)(a), (b) and (c), the chief executive must refuse to give the approval.

(3)The approval may be given with or without conditions.

s 25ZB ins 2007 No. 57 s 63

amd 2014 No. 51 s 7

25ZCNotice about decision to give approval

(1)If the chief executive gives the approval, the chief executive must, within 30 business days after giving the approval, give the applicant a notice advising the applicant about the approval.

(2)If the chief executive refuses to give the approval, the chief executive must, within 30 business days after refusing to give the approval, give the applicant a notice advising the applicant of the reasons why the approval was refused.

s 25ZC ins 2007 No. 57 s 63

25ZERestriction of subartesian water by water service provider

(1)This section applies if the chief executive gives the approval to a water service provider.

(2)The water service provider may impose a restriction on the use of the subartesian water by a customer of the water service provider in an area.

(3)The restriction may be no more onerous than a service provider water restriction currently imposed on the customer.

(4)For the Water Supply Act, section 43, a restriction on the use of subartesian water under this section is taken to be a service provider water restriction.

(5)In this section, the power to restrict includes the power to prohibit.

s 25ZE ins 2007 No. 57 s 63

amd 2008 No. 34 s 666 sch 2; 2014 No. 51 s 9

ch 2 hdg sub 2014 No. 64 ss 66, 68

ch 2 pt 1 hdg sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 1 div 1 hdg ins 2014 No. 64 s 68

26Rights in all water vests in the State

All rights to the use, flow and control of all water in Queensland are vested in the State.

s 26 prev s 26 om 2003 No. 25 s 26

pres s 26 (prev s 42) amd 2001 No. 75 s 9; 2003 No. 25 s 31

renum and reloc 2003 No. 25 s 35

amd 2005 No. 19 s 6; 2008 No. 58 s 10; 2009 No. 17 s 331 sch 1; 2013 No. 23 s 291

sub 2014 No. 64 ss 67 (3), 68

ch 2 pt 1 div 2 hdg ins 2014 No. 64 s 68

27State may allow the use of water

(1)The State may allow the use of water by authorising persons to take or interfere with water.

(2)The State may authorise persons to take water—

(a)through legislation and statutory instruments; or

(b)through any of the following authorisations issued under this Act—

(i)water allocations;

(ii)water licences;

(iii)water permits;

(iv)seasonal water assignment notices;

(v)resource operations licences;

(vi)distribution operations licences;

(vii)operations licences.

(3)The State may authorise persons to interfere with water—

(a)through legislation and legislative instruments; or

(b)through any of the following authorisations issued under this Act—

(i)water licences;

(ii)resource operations licences;

(iii)distribution operations licences.

s 27 prev s 27 om 2003 No. 25 s 26

pres s 27 (prev s 42A) ins 2001 No. 75 s 10

renum and reloc 2003 No. 25 s 35

sub 2014 No. 64 ss 67 (3), 68

ch 2 pt 1 div 3 hdg ins 2014 No. 64 s 68

ch 2 pt 1 div 3 sdiv 1 hdg ins 2014 No. 64 s 68

28Limiting or prohibiting taking, or interfering with, water during contamination or water shortages

(1)Subsection (2) applies if the Minister is satisfied urgent action should be taken because—

(a)there is a shortage of water; or

(b)there is a thing in harmful quantities in water.

(2)The Minister must publish a notice—

(a)limiting, for a particular purpose or otherwise, either or both of the following—

(i)the volume of water a person may take;

(ii)the rate at which, and the times when, a person may take water; or

(b)limiting a person’s entitlement to interfere with water; or

(c)prohibiting taking or interfering with water.

(3)The limit or prohibition has effect despite any authority a person has under another provision of this Act.

(4)The notice remains in force for the period of not more than one year stated in the notice.

(5)Nothing prevents the Minister from acting under this section a second or subsequent time.

(6)The notice is subordinate legislation.

(7)A person must not take or interfere with water in contravention of the notice.

Maximum penalty for subsection (7)—1,665 penalty units.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 828, to have also committed the offence.

s 28 prev s 28 om 2003 No. 25 s 26

pres s 28 (prev s 43) amd 2003 No. 25 s 32

renum and reloc 2003 No. 25 s 35

sub 2014 No. 64 ss 67 (3), 68

29Limiting water taken under water licence, water permit or water allocation

(1)If there is a shortage of water, the chief executive may, by publishing a notice do the following—

(a)limit the water that may be taken under a water entitlement, water permit or seasonal water assignment notice;

(b)limit the water that may be taken under part 3, division 1, subdivision 2.

(2)The notice may be for any 1 or more of the following—

(a)the times when water may be taken;

(b)the purpose for which water may be taken;

(c)the volume of water, measured or estimated that may be taken, including for a stated purpose.

(3)The notice remains in force for the period of not more than one year stated in the notice.

(4)Nothing prevents the chief executive from acting under this section a second or subsequent time.

(5)A person must not take water in contravention of the notice.

Maximum penalty for subsection (5)—500 penalty units.

s 29 prev s 29 om 2003 No. 25 s 26

pres s 29 (prev s 44) amd 2003 No. 25 s 33

renum and reloc 2003 No. 25 s 35

sub 2014 No. 64 ss 67 (3), 68

ch 2 pt 1 div 3 sdiv 2 hdg ins 2014 No. 64 s 68

30Moratorium notices

(1)The Minister may publish a notice under this section, for a part of the State, (a moratorium notice) if the Minister is satisfied action should be taken in the part—

(a)to protect existing water entitlements and other authorities under this Act to take or interfere with water; or

(b)to protect natural ecosystems.

(2)For part of the State to which the moratorium notice applies, the notice may state the following—

(a)that an application for or about a water entitlement will not be accepted;

(b)that the construction of works, or changing existing works, for taking or interfering with water, is limited in the way stated or is prohibited.

(3)For subsection (2)(b), the notice may also state, while the moratorium notice has effect—

(a)new works must not be physically started; and

(b)completed works in existence must not be raised, enlarged, deepened or changed; and

(c)works that have been started—

(i)may be completed only to the extent stated in the notice; and

(ii)must be completed by the day stated in the notice; and

(d)a person who is completing works that have been started must give the chief executive notice about the works by the day stated in the notice; and

(e)construction of works must stop if notice has not been given under paragraph (d).

(4)However, the moratorium notice may only apply to an application or construction of works to the extent the application or construction would have 1 or more of the following effects stated in the notice—

(a)increase the amount of water that may be taken;

(b)change the location from which water may be taken;

(c)increase the rate at which water may be taken;

(d)change the flow conditions under which water may be taken;

(e)increase or change the interference with the water;

(f)change the purpose for which the water may be taken or interfered with.

(5)Subsection (4) applies even if the application was made before the moratorium notice was published.

(6)A moratorium notice may state matters to which the notice does not apply.

(7)For this section, works are not started unless—

(a)construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and

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

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

(d)if a development permit is required for the works or for other development associated with the works—the permit has been given.

s 30 prev s 30 om 2003 No. 25 s 26

pres s 30 (prev s 45) amd 2003 No. 25 s 34

renum and reloc 2003 No. 25 s 35

amd 2013 No. 23 s 352 (1) sch 1 pt 2

sub 2014 No. 64 ss 67 (3), 68

31Effect of moratorium notice

(1)The moratorium notice has effect—

(a)from the later of the following—

(i)the day stated in the notice;

(ii)the day the notice is published; and

(b)until the Minister publishes a further notice withdrawing or replacing the first notice.

(2)Subsection (3) applies if—

(a)a moratorium notice applies to a part of the State; and

(b)a water planning instrument also applies to that part of the State.

(3)The moratorium prevails over the instrument to extent of any inconsistency.

(4)A moratorium notice does not affect—

(a)the issuing of water permits;

(b)taking water under sections 93 to 99 and 103;

(c)matters stated in the notice under section 30(6).

s 31 ins 2011 No. 33 s 30

amd 2012 No. 29 s 11

sub 2014 No. 64 ss 67 (3), 68

32Offence to contravene moratorium notice

A person must not start the construction of works, or continue to construct works, in contravention of a moratorium notice.

Maximum penalty—1,665 penalty units.

s 32 prev s 32 ins 2011 No. 33 s 30

om 2012 No. 29 s 12

pres s 32 (prev s 34B) ins 2011 No. 33 s 30

amd 2012 No. 29 s 13

renum 2012 No. 29 s 16

sub 2014 No. 64 ss 67 (3), 68

33Application to vary effect of moratorium notice

(1)Subsection (2) applies to an owner of land if—

(a)the owner is completing works that had been started at the time a moratorium notice took effect; and

(b)the works will not be completed by the day stated in the notice (the completion day); and

(c)the owner wishes to apply for an extension of the completion day.

(2)The owner—

(a)must stop construction of the works by the completion day; and

(b)may apply to the Minister for an extension of the completion day if—

(i)the works are substantially completed; or

(ii)the works will not be completed by the completion day because of a change in circumstances beyond the applicant’s control including, for example, construction difficulties, extreme bad weather or the applicant’s ill health.

(3)The application must—

(a)be in the approved form; and

(b)be accompanied by the prescribed fee; and

(c)be made before the completion day; and

(d)include sufficient information to support the application.

(4)The Minister may refer the application to a referral panel established under section 242.

(5)The Minister must—

(a)decide the application; and

(b)give the applicant notice of the decision.

(6)If the application has been referred to a referral panel, the Minister must have regard to the panel’s recommendation before making a decision.

(7)If the Minister grants the application, the moratorium notice, for the applicant, is varied in the following way—

(a)the completion day, for the works, is the day stated in the Minister’s notice;

(b)the works may be completed to the extent stated in the notice.

(8)For this section, works are not started unless—

(a)construction of the works has physically started or, if construction has not physically started, a contract has been entered into to start construction, and construction is started, within 60 days after the day the notice has effect; and

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

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

(d)if a development permit is required for the works or for other development associated with the works—the permit has been given.

s 33 prev s 33 ins 2011 No. 33 s 30

om 2012 No. 29 s 12

pres s 33 (prev s 34C) ins 2011 No. 33 s 30

amd 2012 No. 29 s 14

renum 2012 No. 29 s 16

amd 2012 No. 39 s 102 sch pt 2 (amdt could not be given effect)

sub 2014 No. 64 ss 67 (3), 68

34Reviewing and replacing moratorium notices

(1)If the Minister is satisfied a moratorium notice should have effect for more than 1 year, the Minister must review the notice within 1 year after the day the notice was published and during each year the notice has effect.

(2)If, on the review, the Minister is satisfied the notice should be amended, the Minister must replace the notice with a new notice containing the amended provisions.

(3)The replacement notice may provide for any matter for which the original moratorium notice could have made provision.

(4)On and after the day the notice is published the replacement notice is taken to be the moratorium notice.

(5)The replacement notice applies to an application mentioned in section 30(2), even if the application was made before the replacement notice was published.

s 34 prev s 34 ins 2011 No. 33 s 30

om 2012 No. 29 s 12

pres s 34 (prev s 34E) ins 2011 No. 33 s 30

renum 2012 No. 29 s 16

sub 2014 No. 64 ss 67 (3), 68

ch 2 pt 1 div 4 hdg ins 2014 No. 64 s 68

35Obtaining water information

(1)The chief executive may give a person who is authorised, or has an entitlement, to take or interfere with water under this Act a notice requiring information—

(a)the person is required to keep under a condition of the person’s authority or entitlement; or

(b)about the person’s water use; or

(c)about the water managed, taken or supplied under the person’s authority or entitlement; or

(d)about the water that was managed, taken or supplied through water infrastructure to which a person’s authority or entitlement applies; or

(e)about the taking or supplying of water by the person under the person’s authority or entitlement.

(2)The notice—

(a)may be given at any time; and

(b)must state the reasonable time by which the information must be given to the chief executive.

(3)The person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(4)However, this section does not require a person who is an individual to give information if giving the information might tend to incriminate the person.

s 35 sub 2014 No. 64 ss 67 (1), 68

36Notice of works and water use

(1)This section applies to works for taking or interfering with water if the taking or interfering with the water is authorised other than under a water entitlement.

(2)The chief executive may, by publishing a notice (the chief executive’s notice), require the owner of land on which the works are, or are to be, constructed to give the chief executive notice (the owner’s notice) of the works and the water use or, for works to be constructed, proposed water use, relating to the works, by the date stated in the notice.

(3)The chief executive’s notice—

(a)may require the owner’s notice to be in the approved form; and

(b)must state the matters prescribed by regulation, including the proposed consultation arrangements for the notice.

(4)A person to whom the chief executive’s notice applies must comply with the notice.

Maximum penalty—20 penalty units.

s 36 amd 2001 No. 75 s 6; 2003 No. 25 s 27; 2005 No. 19 s 7

sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 2 hdg sub 2014 No. 64 ss 67 (2), 68

ch 2 pt 2 div 1 hdg ins 2003 No. 25 s 19

sub 2014 No. 64 s 67 (3), 68

37Planning for the management of water

The State plans for the sustainable management of Queensland’s water—

(a)by preparing and implementing water plans; and

(b)by preparing and implementing water use plans.

s 37 sub 2001 No. 75 s 7

amd 2003 No. 25 s 28

sub 2011 No. 40 s 10

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (1))

38Information for planning

The chief executive must provide information for planning purposes by—

(a)regularly measuring and keeping publicly available records of the volume and quality of water in Queensland; and

(b)collecting information on the water requirements of, and impacts of water management on, natural ecosystems, including, for example, from the department in which the Environmental Protection Act 1994 is administered; and

(c)collecting information about future water requirements.

s 38 amd 2005 No. 19 s 9; 2011 No. 40 s 12

sub 2014 No. 64 s 67 (1), 68

ch 2 pt 2 div 2 hdg ins 2003 No. 25 s 24

sub 2014 No. 64 ss 67 (3), 68

ch 2 pt 2 div 2 sdiv 1 hdg ins 2018 No. 24 s 237

39Matters for regulation

For the purpose of planning for the sustainable management, use and allocation of water, a regulation may do the following—

(a)reserve unallocated water for a part of the State or for particular water to which no water plan applies;

(b)prescribe the processes for releasing unallocated water, including through the grant or sale of a water entitlement;

(c)prescribe processes and criteria for establishing the elements of proposed water allocations;

(d)prescribe water allocation dealing rules applying to whole of the State;

(e)prescribe the processes for granting a seasonal water assignment for a water allocation;

(f)prescribe the types of works that are to be regulated as acceptable development or assessable development;

(g)prescribe the requirements for the holders of resource operations licences and distribution operations licences in collecting and providing information to the chief executive.

s 39 sub 2011 No. 40 s 13; 2014 No. 64 ss 67 (3), 68 (amd 2016 No. 60 s 15 (2)–(3))

amd 2018 No. 24 s 238

ch 2 pt 2 div 2 sdiv 2 hdg ins 2018 No. 24 s 239

40Chief executive may release unallocated water

(1)The chief executive may release unallocated water if a volume is stated in a water plan or prescribed by regulation.

(2)The chief executive must release unallocated water under the process prescribed by regulation.

Note—

An application can not be made for a water licence in relation to the release of unallocated water unless the application is part of a process prescribed under subsection (2). See section 109(1)(b) and (2).

(3)However, if the unallocated water is neither of the following, subsection (2) does not apply to the extent the relevant water plan provides for an alternative process for the release of the unallocated water—

(a)unallocated water held as a general reserve under the water plan;

(b)unallocated water temporarily released under subdivision 3 from a strategic water infrastructure reserve.

(4)The chief executive may set a price for the unallocated water.

s 40 amd 2003 No. 25 s 29

sub 2011 No. 40 s 13; 2014 No. 64 ss 67 (3), 68

amd 2018 No. 24 s 240; 2019 No. 17 s 325

ch 2 pt 2 div 2 sdiv 3 hdg ins 2018 No. 24 s 241

40AChief executive may temporarily release water from reserve

(1)The chief executive may temporarily release water from a strategic water infrastructure reserve for a purpose other than that stated in a water planning instrument.

(2)The chief executive must release the water under the process prescribed under section 39(b).

Note—

This is the process under section 40(2).

(3)However, the process can make the water available only under a water licence.

(4)Also, a water licence granted for the release must be granted for a stated term of not more than 3 years.

(5)Despite section 106(3), the water licence can not be renewed, reinstated, relocated, amalgamated or subdivided.

(6)This section applies despite any provision of a water planning instrument relating to the release of water from the reserve.

s 40A prev s 40A ins 2001 No. 75 s 8

amd 2003 No. 25 s 30; 2011 No. 40 s 14

om 2014 No. 64 s 68

pres s 40A ins 2018 No. 24 s 241

amd 2019 No. 17 s 360 sch 1

40BDeciding whether to release water from reserve and considerations for the release

(1)In deciding whether to temporarily release water from the reserve, the chief executive must consider—

(a)the volume of water that can be released from the reserve without the proposed infrastructure for which the reserve may have been intended being constructed; and

(b)the likelihood of a process, for the release of water from the reserve for a purpose that is stated in a water planning instrument, commencing in the short term; and

(c)alternatives for access to water.

(2)For the release, the chief executive must consider—

(a)the outcomes and objectives of the relevant water plan, including the water allocation security objectives and environmental flow objectives; and

(b)water supply schemes; and

(c)other water users; and

(d)existing water markets.

(3)If the water the chief executive proposes to release relates to a water supply scheme, the chief executive must consult with the resource operations licence holder for the scheme before releasing the water.

s 40B ins 2018 No. 24 s 241

40CWhen water returns to reserve

On the expiry, surrender, cancellation or repeal of a water licence granted for the release, the water made available under the licence returns to the strategic water infrastructure reserve.

s 40C ins 2018 No. 24 s 241

ch 2 pt 2 div 3 hdg ins 2003 No. 25 s 26

sub 2014 No. 64 ss 67 (3), 68

41What is a water plan

A water plan is a plan that applies to a part of the State and advances the sustainable management of Queensland’s water.

s 41 prev s 41 om 2011 No. 40 s 15

pres s 41 ins 2014 No. 64 s 68 (amd 2016 No. 60 s 15 (4))

42Minister may prepare a water plan

(1)The Minister may prepare a water plan for any part of Queensland.

(2)Two plans may have effect for the same part of Queensland at the same time if each relates to a different type of water.

Example—

There may be 2 plans applying to the same part of Queensland where 1 relates to surface water and the other to underground water.

s 42 ins 2014 No. 64 s 68

43Contents of a water plan

(1)A water plan must—

(a)state the water to which the plan applies; and

(b)state the desired economic outcomes, social outcomes, cultural outcomes and environmental outcomes of the management and allocation of water to which the plan applies (the water plan outcomes); and

(c)state the volume of unallocated water reserved under the plan; and

(d)state arrangements for providing water for the environment including the measures, strategies or objectives for environmental flows; and

(e)if the plan provides a framework for managing water allocations—

(i)state trading zones for the allocations; and

(ii)state water allocation security objectives.

(2)A water plan may—

(a)state measures that contribute to achieving the water plan outcomes; and

(b)state the strategies for achieving the water plan outcomes; and

(c)state limitations on taking or interfering with water in the plan area; and

(d)state the taking or interfering with water in the plan area that does not require a water entitlement; and

(e)state the purpose for, and the location of, unallocated water reserves; and

(f)state a process for releasing unallocated water not held as a general reserve under the water plan; and

(g)state the arrangements and process for converting, adjusting or granting water entitlements or other authorisations under a water entitlement notice; and

(h)state criteria for deciding applications for water licences; and

(i)state criteria and processes for deciding an application for a dealing with a water licence; and

(j)state the types of applications for water licences that must not be accepted under section 107; and

(k)state the proposed holders of resource operations licences and distribution operations licences in the plan area; and

(l)state whether a water management protocol is to be prepared for the plan area and the matters the protocol must address; and

(m)state the types of amendments that may be made to the plan without consultation; and

Note—

For the power to amend a water plan without consultation see section 51(2)(a).

(n)state the categories of water licences in the plan area that are to be cancelled or repealed; and

(o)include anything else that the Minister considers relevant to advance the matters mentioned in section 41.

(3)To remove any doubt, it is declared that subsection (2)(f) does not override, or prevent, in an existing or future water plan a limitation, a condition or a matter that must or may be considered (however called) in a process for the release of unallocated water held as a general reserve under the water plan.

s 43 ins 2014 No. 64 s 68 (amd 2016 No. 60 s 15 (5)–(6))

amd 2018 No. 24 s 242

44Preliminary public consultation

(1)If the Minister proposes to prepare a water plan, the Minister may decide whether public consultation on the proposal is required.

(2)If the Minister decides public consultation is required, the Minister must publish a notice of the proposal stating—

(a)the water to which the water plan will apply; and

(b)the reason for preparing the plan; and

(c)proposed arrangements for consultation.

s 44 ins 2014 No. 64 s 68

45Making draft water plan

(1)Before finalising a water plan the Minister must make a draft of the plan.

(2)The Minister must consider all of the following in making a draft of a water plan—

(a)regional plans made under the Sustainable Planning Act 2009 that apply to the plan area;

(b)environmental values established under the Environmental Protection (Water) Policy 2009;

(c)if the draft water plan is within the Queensland Murray-Darling Basin—the Murray-Darling Basin Plan under the Water Act 2007 (Cwlth);

(e)the public interest;

(f)the results of any public consultation under section 44;

(g)the water-related effects of climate change on water availability;

(h)the interests of any Aboriginal parties or Torres Strait Islander parties in relation to the water resources for the plan area.

s 45 ins 2014 No. 64 s 68

amd 2018 No. 24 s 243

46Publishing draft water plan

(1)After the Minister makes a draft of a water plan, the Minister must publish the draft plan.

(2)As soon as practicable after publishing the draft of a water plan, the Minister must publish a notice stating—

(a)the draft plan has been published; and

(b)how the draft plan may be inspected; and

(c)that submissions about the draft plan may be made by any entity; and

(d)the day by which, how and to whom, the submissions must be made.

(3)The period for making submissions must not be less than 30 business days after the notice is published.

(4)To inform the public, the Minister must publish a statement of intent for the draft water plan which provides a summary of the—

(a)intent of the draft plan; and

(b)effect of the draft plan.

s 46 amd 2001 No. 75 s 11; 2003 No. 25 s 36; 2005 No. 19 s 10; 2005 No. 42 s 52 sch 1; 2007 No. 57 s 64; 2008 No. 34 s 675; 2008 No. 58 s 11; 2009 No. 36 s 872 sch 2; 2011 No. 40 s 16; 2013 No. 23 ss 292, 352 (1) sch 1 pt 2; 2014 No. 40 s 134

sub 2014 No. 64 ss 67 (1), 68

amd 2016 No. 27 s 665 (amdt could not be given effect)

47Decision about finalising water plan

(1)Before deciding to finalise a water plan, the Minister must consider all properly made submissions about the draft of the plan under section 46.

(2)If the Minister decides to finalise the plan, the Minister must submit the plan for approval by the Governor in Council.

(3)If the Minister decides not to finalise the plan, the Minister must publish a notice advising of the decision and the reasons for the decision.

s 47 amd 2005 No. 42 s 52 sch 1; 2011 No. 40 s 17; 2013 No. 23 s 352 sch 1; 2014 No. 40 s 135

sub 2014 No. 64 ss 67 (1), 68

amd 2016 No. 27 s 666 (amdt could not be given effect)

48Effect of a water plan

(1)A water plan does not have effect until it has been approved by the Governor in Council, and from the approval is—

(a)the water plan for its plan area; and

(b)subordinate legislation.

(2)If a water plan is approved under subsection (1), the Minister must publish a report stating the considerations made in finalising the plan including—

(a)the submissions received on the draft of the plan; and

(b)whether or not issues raised in the submissions were addressed and, if addressed, how the issues were addressed.

s 48 amd 2011 No. 40 s 18

sub 2014 No. 64 ss 67 (1), 68

49Report on water plan

(1)Minister must prepare reports about each water plan.

(2)The reports must—

(a)be prepared at the times and state the matters prescribed by regulation; and

(b)state the effectiveness of the plan and its implementation in advancing the matters mentioned in section 41.

s 49 amd 2011 No. 40 s 19

sub 2014 No. 64 ss 67 (1), 68

50Amending or replacing a water plan

(1)The Minister may—

(a)amend a water plan; or

(b)prepare a new water plan to replace one or more existing water plans.

(2)The Minister must amend a water plan, or prepare a new water plan to replace the plan, if the Minister is satisfied the plan is no longer advancing the matters mentioned in section 41.

s 50 sub 2001 No. 75 s 13

amd 2011 No. 40 s 20

sub 2013 No. 23 s 229; 2014 No. 64 ss 67 (1), 68

51Preparing an amendment or replacement of water plan

(1)To amend or replace a water plan, sections 44 to 48 apply to the proposed amending or replacement water plan (the amending or replacement plan)—

(a)as if a reference in the sections to a water plan were a reference to the amended or replaced plan; and

(b)with any other necessary changes.

(2)However, the consultation provisions do not apply if the amendment to be made is—

(a)of a type stated in the plan as not requiring public consultation on a draft of the plan and the Minister reasonably believes the amendment will not adversely affect the rights of the water entitlement holders or natural ecosystems; or

(b)only to correct a minor error in the water plan, or make another change that is not a change of substance.

(3)The consultation provisions do not apply to the Minister preparing and finalising a new water plan that is to replace 2 or more existing water plans if the new plan does not change the substance of the plans being replaced.

(4)In this section—

consultation provisions means sections 44 to 46.

s 51 amd 2011 No. 40 s 22; 2013 No. 39 s 110 (3) sch 3 pt 3

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (7))

53Expiry of water plan

The Statutory Instruments Act 1992, part 7 does not apply to a water plan and the plan expires on 1 September first occurring after the 10th anniversary of the day it was approved by the Governor in Council unless—

(a)it is sooner repealed; or

(b)the expiry of the plan is postponed by the Minister under section 54 or 55.

s 53 amd 2011 No. 40 s 25

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 61 s 32)

54Postponement of expiry of water plan if water plan is not being replaced

(1)The Minister may postpone the expiry of a water plan if satisfied the plan is advancing the matters mentioned in section 41 and water plan outcomes.

(2)Before postponing the expiry of the expiring plan, the Minister must publish a notice of the intention to postpone the expiry—

(a)stating that a report under section 49 has been prepared and where it can be accessed; and

(b)stating the proposed new expiry date; and

(c)that submissions about the postponement may be made by any entity; and

(d)the day by which, how and to whom the submissions must be made.

(3)The period for making submissions must not be less than 30 days after the notice is published.

(4)After considering any properly made submissions, the Minister may decide whether or not to postpone the expiry of the expiring plan.

(5)The Minister may postpone the expiry more than once but any postponement can not have the effect of continuing the plan in force for more than 20 years.

s 54 amd 2001 No. 75 s 14; 2011 No. 40 s 26

sub 2014 No. 64 ss 67 (1), 68

55Postponement of expiry of water plan while water plan is being replaced

(1)This section applies if the Minister is preparing a new water plan to replace one or more existing water plans.

(2)The Minister may postpone the expiry of the existing plan from time to time but can not postpone the expiry for more than 3 years.

(3)Section 54(2) to (5) does not apply to a postponement under this section.

s 55 amd 2001 No. 75 s 15; 2005 No. 19 s 11; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 85 sch; 2011 No. 40 s 27; 2014 No. 40 s 134

sub 2014 No. 64 ss 67 (1), 68

amd 2018 No. 24 s 282 sch 1

56Publication of new expiry date for plan

(1)If the Minister decides to postpone the expiry of a water plan under section 54 or 55, the Minister must publish a notice in the gazette stating the new expiry date for the plan.

(2)A notice under subsection (1) is subordinate legislation.

s 56 amd 2005 No. 19 s 12; 2011 No. 40 s 28

sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 2 div 4 hdg ins 2011 No. 33 s 30

amd 2012 No. 29 s 11

sub 2014 No. 64 ss 67 (3), 68

57Minister may prepare water use plan

The Minister may prepare a water use plan for any part of Queensland.

s 57 amd 2003 No. 25 s 37; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 85 sch; 2011 No. 40 s 29; 2014 No. 40 s 134

sub 2014 No. 64 ss 67 (1), 68

58What is a water use plan

A water use plan is a plan that applies to a part of the State and advances the sustainable management of Queensland’s water by regulating water use if there is a risk of land and water degradation, including as a result of—

(a)rising underground water levels;

(b)increasing salinisation;

(c)deteriorating water quality;

(d)waterlogging of soils;

(e)destabilisation of bed and banks of watercourses;

(f)damage to riverine environment;

(g)increasing soil erosion.

s 58 prev s 58 om 2012 No. 25 s 195 sch

pres s 58 ins 2014 No. 64 s 68 (amd 2016 No. 60 s 15 (9))

59Contents of water use plans

(1)The water use plan must—

(a)state the purpose of the plan; and

(b)contain a map of the plan area; and

(c)state the types of water use that are subject to the plan; and

(d)state standards for water use practices; and

(e)state objectives for water use efficiency, water reuse and water quality; and

(f)state the monitoring requirements and responsibilities.

(2)The plan may include, but is not limited to, schedules for the progressive implementation of the plan’s requirements.

s 59 sub 2014 No. 64 ss 67 (1), 68

60Making draft water use plan

(1)Before finalising a water use plan the Minister must make a draft of the plan.

(2)The Minister must consider the following in making a draft of a water use plan—

(a)changes to water use practices that will reduce the risk to land and water resources arising from the use of water on land;

(b)existing industry codes of practice for water use;

(c)the water-related effects of climate change on—

(i)water use practices; and

(ii)the risk to land or water resources arising from the use of water on land.

s 60 sub 2014 No. 64 ss 67 (1), 68

amd 2018 No. 24 s 244

61Publishing draft water use plan

(1)After the Minister makes a draft of a water use plan, the Minister must publish the draft plan.

(2)As soon as practicable after publishing the draft of a water use plan, the Minister must publish a notice stating—

(a)the draft plan has been published; and

(b)how the draft plan may be inspected; and

(c)that submissions about the draft plan may be made by any entity;

(d)the day by which, how and to whom, the submissions must be made.

(3)The period for making submissions must not be less than 30 business days after the notice is published.

s 61 sub 2014 No. 64 ss 67 (1), 68

62Decision about finalising water use plan

(1)Before deciding to finalise a water use plan, the Minister must consider all properly made submissions about the draft of the plan under section 61.

(2)If the Minister decides to finalise the plan, the Minister must submit the plan for approval by the Governor in Council.

(3)If the Minister decides not to finalise the plan, the Minister must publish a notice advising of the decision and the reasons for the decision.

s 62 amd 2013 No. 23 s 231

sub 2014 No. 64 ss 67 (1), 68

63Effect of water use plan

A water use plan does not have effect until it has been approved by the Governor in Council, and from the approval is—

(a)the water use plan for its plan area; and

(b)subordinate legislation.

s 63 sub 2014 No. 64 ss 67 (1), 68

64Public notice of content of water use plan

As soon as practicable after a water use plan is approved, the chief executive must—

(a)publicly notify the requirements of the plan for water users; and

(b)conduct public meetings to explain the requirements.

s 64 sub 2014 No. 64 ss 67 (1), 68

65Amending or replacing a water use plan

(1)The Minister may—

(a)amend a water use plan; or

(b)prepare a new water use plan to replace an existing water use plan.

(2)The Minister must amend a water use plan or prepare a new water use plan to replace an existing water use plan if the Minister is satisfied the water use plan is not addressing the risk to land and water arising from the use of water on land in the plan area.

s 65 amd 2001 No. 75 s 3 sch 2

sub 2014 No. 64 ss 67 (1), 68

66Preparing an amendment or replacement of a water use plan

(1)To amend or replace a water use plan, section 61 applies to the proposed amending or replacement water use plan (the amending or replacement plan)—

(a)as if a reference in the section to a water use plan were a reference to the amended or replaced plan; and

(b)with any other necessary changes.

(2)However, section 61 does not apply if the amendment to be made is—

(a)to correct a minor error in the water use plan, or make another change that is not a change of substance; or

(b)of a type stated in the plan as not requiring public consultation.

s 66 sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 2 div 5 hdg ins 2014 No. 64 s 68

67What is a water management protocol

A water management protocol is a document that, for the purpose of implementing a water plan, may state any of following for the plan area—

(a)if provided for in the water plan—the volumes of unallocated water reserved for stated purposes or stated locations, or a process for releasing unallocated water;

(b)for water allocations managed under a resource operations licence—the water allocation dealing rules;

Note—

See section 158 (Water allocation dealing rules).

(c)if provided for in the water plan—the criteria and process for deciding applications for a seasonal water assignment or for relocation of a water licence;

(d)for water allocations not managed under a resource operations licence—

(i)the water allocation dealing rules; and

(ii)the water sharing rules; and

(iii)the seasonal water assignment rules;

(e)anything else the chief executive considers necessary for implementing the water plan.

s 67 amd 2003 No. 25 s 38

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (10)–(11))

68Making a water management protocol

(1)The chief executive may make 1 or more water management protocols to implement a water plan.

(2)A water management protocol must, for a water plan—

(a)be consistent with the water plan outcomes and the measures that contribute to achieving them; and

(b)achieve any objectives stated in the plan, including the water allocation security objectives and the environmental flow objectives; and

(c)be developed with adequate consultation with persons affected by the protocol as it implements the plan.

s 68 sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (12))

69Amending or replacing a water management protocol

(1)The chief executive may amend or replace a water management protocol at any time.

(2)The amendment or replacement must—

(a)be consistent with the water plan outcomes and the measures that contribute to achieving them; and

(b)achieve any objectives stated in the plan, including the water allocation security objective and the environmental flow objectives; and

(c)be developed with adequate consultation with persons affected by the protocol as it implements the plan.

(3)If the water plan outcomes, measures or objectives are changed, the chief executive must amend the relevant water management protocol to the extent necessary to be consistent with the water plan.

(4)If the chief executive amends or replaces a water management protocol, the chief executive must publish a statement of changes made to the protocol.

s 69 sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (13))

ch 2 pt 2 div 6 hdg ins 2014 No. 64 s 68

70What is a water entitlement notice

(1)A water entitlement notice is a notice that, for the purpose of implementing a water plan, provides for any or all of the following in the plan area—

(a)the conversion to a water allocation of a water licence, interim water allocation or other authority to take water;

(b)the grant of a water allocation or water licence—

(i)as a result of an unallocated water release; or

(ii)to replace a surrendered water allocation;

(c)the cancellation of a surrendered water allocation;

(d)the granting of a water licence without the need for an application to be made under section 107;

Note—

See section 116 (Granting a water licence under a process in a plan or regulation).

(e)the amendment of a water licence to implement the plan;

(f)the refusal of a particular application for a water licence if necessary to implement the plan;

(g)the repeal of a water licence if the licence is no longer necessary to authorise a particular take of, or interference with, water;

(h)the replacement of a water licence with another water licence necessary to authorise a particular take of, or interference with, water.

(2)If a water allocation or water licence is no longer necessary to authorise a particular take of, or interference with, water, the water entitlement notice may state the authority under this Act that authorises the take or interference.

s 70 amd 2003 No. 25 s 39

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (14))

71Making a water entitlement notice

The chief executive may make a water entitlement notice.

s 71 prev s 71 om 2012 No. 25 s 195 sch

pres s 71 ins 2014 No. 64 s 68

72Draft water entitlement notice

(1)Before making a water entitlement notice, the chief executive must publish a draft of the water entitlement notice.

(2)As soon as practicable after publishing the draft of a water entitlement notice, the chief executive must publish a notice stating—

(a)the draft has been published; and

(b)where copies of the draft may be inspected; and

(c)that submissions about the draft may be made by any affected person; and

(d)the day by which, how and to whom, the submissions must be made; and

(e)that a notice under section 73 may be given at any time before the water entitlement notice has effect.

(3)A copy of the notice under subsection (2) must be given to each affected person.

(4)Subsection (5) applies if—

(a)the draft of a water entitlement notice provides for the conversion to a water allocation of a water licence; and

(b)a person (the relevant person) other than an affected person is also an owner, as defined in section 104, of the land to which the licence attaches.

(5)A copy of the notice under subsection (2) must also be given to the relevant person.

(6)The period for making submissions must not be less than 30 business days after the notice is published.

s 72 prev s 72 om 2013 No. 23 s 232

pres s 72 ins 2014 No. 64 s 68

amd 2018 No. 24 s 245

73Additional requirements for notices for draft water entitlement notices that establish water allocations

(1)If the draft water entitlement notice allows for water allocations to be granted under section 70(1), the notice published under section 72(2) must also state that—

(a)any proposed water allocation holders may give the chief executive a notice in the approved form stating the holders wish to be recorded on the water allocations register other than as tenants in common in equal shares; and

Note—

See section 146(1)(b).

(b)existing interest holders may give the chief executive a notice in the approved form stating the interest holder intends to take action to have the holder’s interest recorded on the water allocations register; and

(c)if an interest holder who gives the chief executive a notice under paragraph (b) has the consent of the proposed water allocation holder to the encumbering of the proposed water allocation with the interest the interest holder has in the existing water entitlement or other authority to take water, the interest holder may give the chief executive notice of the consent in the approved form.

(2)It is declared that—

(a)an existing mortgagee of land to which an existing water entitlement or other authority to take water attaches is an existing interest holder; and

(b)the existing mortgagee’s interest under the mortgage in the land is an existing interest in the existing water entitlement or other authority to take water.

(3)It is also declared that a person is not a proposed water allocation holder under subsection (1)(c) unless—

(a)the person is the registered owner of all of the land to which the existing water entitlement or other authority to take water relates; and

(b)the interest the interest holder has in the existing water entitlement or other authority to take water relates to all of the land.

s 73 prev s 73 amd 2001 No. 75 s 16; 2003 No. 25 s 40; 2005 No. 56 s 6; 2007 No. 57 s 65

om 2013 No. 23 s 232

pres s 73 ins 2014 No. 64 s 68 (amd 2016 No. 60 s 15 (15))

74Reviewing submissions about draft water entitlement notice

(1)This section applies if there is a properly made submission from an affected person about a draft water entitlement notice.

(2)After the last day for the making of submissions about the draft water entitlement notice, the chief executive must—

(a)collate information about all properly made submissions made about the draft; and

(b)give the collated information to a referral panel.

(3)The panel must review the draft water entitlement notice and the submissions and make recommendations to the chief executive within 40 business days after receiving the collated information.

(4)However, subsection (2) does not apply for a submission if the chief executive is satisfied that—

(a)the submission requests a change to the draft water entitlement notice that would be inconsistent with the water plan that the draft is to implement; or

(b)the draft should be amended in accordance with the submission.

s 74 prev s 74 amd 2005 No. 19 s 13; 2010 No. 7 s 58

om 2013 No. 23 s 232

pres s 74 ins 2014 No. 64 s 68

75Finalising water entitlement notice

(1)In finalising the water entitlement notice, the chief executive must consider—

(a)all properly made submissions; and

(b)the referral panel’s recommendations.

(2)The chief executive may make the water entitlement notice, with or without amendment.

(3)After considering the matters mentioned in subsection (1), the chief executive must submit the water entitlement notice to the Governor in Council for approval.

s 75 prev s 75 om 2013 No. 23 s 232

pres s 75 ins 2014 No. 64 s 68

76Effect of water entitlement notice

(1)A water entitlement notice does not have effect until it is approved by the Governor in Council.

(2)A water entitlement notice may state the day or days, occurring after its approval by the Governor in Council, from which the different matters implemented by the notice are to have effect.

s 76 prev s 76 amd 2005 No. 19 s 14; 2010 No. 7 s 60

om 2013 No. 23 s 232

pres s 76 ins 2014 No. 64 s 68

77Publication of approved water entitlement notice

As soon as practicable after a water entitlement notice is approved by the Governor in Council, the chief executive must—

(a)publish the notice; and

(b)notify each affected person of the publication of the notice within 30 business days after the publication.

s 77 prev s 77 amd 2001 No. 75 s 17; 2005 No. 19 s 15

om 2013 No. 23 s 232

pres s 77 ins 2014 No. 64 s 68

78When water entitlement notice ceases to have effect

A water entitlement notice ceases to have effect when all matters to be implemented by the notice have taken effect.

s 78 prev s 78 amd 2010 No. 7 s 61

om 2013 No. 23 s 232

pres s 78 ins 2014 No. 64 s 68

ch 2 pt 3 hdg sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 3 div 1 hdg sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 3 div 1 sdiv 1 hdg ins 2014 No. 64 s 68

93General authorisations to take water

A person may do any of the following—

(a)take water for a public purpose in an emergency situation;

(b)take water for fighting a fire;

(c)take water for undertaking routine testing of fire fighting equipment;

(d)take water from a watercourse, lake or spring for camping purposes;

(e)take water from a watercourse, lake or spring for watering travelling stock.

s 93 sub 2014 No. 64 ss 67 (1), 68

amd 2018 No. 24 s 246

94General authorisations to interfere with water

Any person may do any of the following—

(a)interfere with overland flow water;

(b)interfere with water from a watercourse, lake or spring by impoundment for structures used by the State or the Commonwealth to collect monitoring data.

s 94 sub 2014 No. 64 ss 67 (1), 68

95Aboriginal and Torres Strait Islander parties

(1)An Aboriginal party or Torres Strait Islander party may, in the area of the State for which the person is an Aboriginal or Torres Strait Islander party, take or interfere with water for traditional activities or cultural purposes.

(2)In this section—

Aboriginal party see the Aboriginal Cultural Heritage Act 2003, section 35.

cultural purpose means an activity, other than a commercial activity, that supports the maintenance or protection of the following—

(a)Aboriginal cultural heritage within the meaning of the Aboriginal Cultural Heritage Act 2003, section 8;

(b)Torres Strait Islander cultural heritage within the meaning of the Torres Strait Islander Cultural Heritage Act 2003, section 8.

Torres Strait Islander party see the Torres Strait Islander Cultural Heritage Act 2003, section 35.

traditional activities, for an Aboriginal party or Torres Strait Islander party, means any of the following activities the party carries out in accordance with Aboriginal tradition or Island custom—

(a)hunting, fishing, gathering or camping;

(b)performing rites or other ceremonies;

(c)visiting sites of significance.

s 95 sub 2014 No. 64 ss 67 (1), 68

96Land owners may take water for stock or domestic purposes

(1)An owner of land on which there is water collected in a dam may take the water for stock or domestic purposes.

(2)An owner of land adjoining a watercourse, lake or spring may take water from the watercourse, lake or spring for stock or domestic purposes.

(3)However, water can not be taken for domestic purposes under subsection (1) or (2) if the land is—

(a)declared by regulation as land to which this subsection applies; and

(b)subdivided after the regulation is made.

(4)In this section—

land includes any land contiguous with the land adjoining the watercourse, lake or spring if all the land is owned by the same owner.

s 96 sub 2011 No. 40 s 30; 2014 No. 64 s 68

97Environmental authorities

(1)A person may take overland flow water that is not more than the volume necessary to satisfy the requirements of—

(a)an environmental authority; or

(b)a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994, schedule 4.

(2)A person may interfere with the flow of water by impoundment if the interference is not more than is necessary to satisfy the requirements of an environmental authority.

(3)However, subsections (1) and (2) apply only if—

(a)the impacts of the take or interference were assessed as part of a grant of an environmental authority or development permit; and

(b)the environmental authority or development permit was granted with a condition about the take or interference with water.

s 97 amd 2001 No. 75 s 19; 2011 No. 40 s 31

sub 2014 No. 64 ss 67 (1), 68

98Resource activities

(1)A person may interfere with the flow of water by diversion if—

(a)the interference is a diversion of a watercourse and is associated with a resource activity; and

(b)the impacts of the interference were assessed as part of a grant of an environmental authority for the resource activity; and

(c)the environmental authority was granted with a condition about the diversion of the watercourse.

(2)In this section—

resource activity see the Environmental Protection Act 1994, section 107.

s 98 amd 2001 No. 75 s 20; 2004 No. 4 s 57 sch; 2005 No. 42 s 52 sch 1; 2011 No. 33 s 31; 2011 No. 40 s 32; 2014 No. 40 s 134

sub 2014 No. 64 ss 67 (1), 68

99Constructing authorities and water service providers

(1)A constructing authority or water service provider may take water to operate public showers or toilets.

(2)A constructing authority may take water to construct or maintain infrastructure if—

(a)the construction or maintenance is lawful; and

(b)taking water for that purpose is prescribed by regulation; and

(c)the constructing authority complies with the following conditions—

(i)those prescribed by regulation;

(ii)those fixed by the chief executive, by notice given to the constructing authority, about taking water.

(3)The conditions may do all or any of the following—

(a)limit the volume of water the constructing authority may take in a year;

(b)limit the volume of water the constructing authority may take from a particular source at a particular location during a stated period;

(c)require the constructing authority to give the chief executive notice of the constructing authority’s intention to take water from a particular source;

(d)require the constructing authority to take the water only in conjunction with the use of a measurement device of a type approved by the chief executive;

(e)require the constructing authority to give a written report to the chief executive about stated matters for the water taken;

Examples of matters about which a report may be required—

•the locations from which water was taken

•the source from which the water was taken

•the volume of water taken from a source

•the day on which the water was taken

(f)require the constructing authority to obtain written approval from the operator of a water supply scheme before taking water managed under an interim resource operations licence, resource operations licence or distribution operations licence.

s 99 amd 2005 No. 42 s 52 sch 1; 2006 No. 23 s 5; 2011 No. 40 s 33; 2014 No. 40 s 134

sub 2014 No. 64 ss 67 (1), 68

amd 2023 No. 24 s 35

ch 2 pt 3 div 1 sdiv 2 hdg ins 2014 No. 64 s 68

100How this subdivision applies

Nothing in this subdivision limits an authorisation under subdivision 1.

s 100 amd 2001 No. 75 s 3 sch 2; 2003 No. 25 s 42; 2011 No. 40 s 35

sub 2014 No. 64 ss 67 (1), 68

101Authorisation that may be altered or limited by water planning instrument

(1)A person may, subject to any relevant alteration or limitation prescribed under a moratorium notice, water plan or a regulation under section 1046 do the following—

(a)take water if doing so is necessary to carry out an activity prescribed by regulation;

(b)take overland flow water for any purpose;

(c)take or interfere with underground water for any purpose;

(d)take water that has been collected in a dam for any purpose other than a dam across a watercourse or lake.

(2)A regulation may prescribe limitations on the carrying out of an activity prescribed under subsection (1)(a).

(3)Despite subsection (1)(b), the alteration or limitation can not prevent a person from taking overland flow water, that is contaminated agricultural run-off, to the extent the taking is necessary to comply with an obligation on the person under the Environmental Protection Act 1994.

s 101 amd 2001 No. 75 s 21; 2005 No. 19 s 16

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (17))

amd 2018 No. 24 s 247

102Authorisations under water plans or regulation

(1)A person may, in a water plan area, subject to any relevant alteration or limitation prescribed under a moratorium notice, do the following—

(a)take water up to a volume stated in the water plan for the area;

(b)take water if doing so is necessary to carry out an activity stated in the water plan for the area;

(c)interfere with water to the extent stated in the water plan for the area.

(2)Subsection (3) applies if—

(a)there is no water plan; or

(b)the water plan for a water plan area does not provide for the taking or interfering with water up to a volume stated in the plan.

(3)A person may, subject to any relevant alteration or limitation prescribed under a moratorium notice, do the following—

(a)take water up to a volume prescribed by regulation;

(b)interfere with water to the extent prescribed by regulation.

s 102 amd 2011 No. 40 s 36

sub 2014 No. 64 ss 67 (1), 68

103Authorisation to take water for stock or domestic purposes may be limited

An owner of land may take water from a watercourse, lake or spring for stock or domestic purposes if—

(a)for a watercourse, lake or spring located in the plan area for a water plan—the water is taken from a location, and in the way, stated in the plan; or

(b)otherwise—the water is taken from a location, and in the way, prescribed by regulation.

s 103 sub 2008 No. 58 s 12

amd 2011 No. 40 s 37

sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 3 div 2 hdg sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 3 div 2 sdiv 1 hdg sub 2011 No. 40 s 11; 2014 No. 64 ss 67 (1), 68

104Definitions for div 2

In this division—

owner, of land, means any of the following—

(a)the registered proprietor of the land;

(b)the lessee, sublessee or licensee of the land under the Land Act 1994;

(c)the trustee of a reserve over the land or the holder of a permit to occupy the land under the Land Act 1994;

(d)the lessee of the land under a registered lease under the Land Title Act 1994.

prescribed entity means any of the following—

(a)the State;

(b)a local government;

(c)the applicant for a resource tenure;

(d)a resource tenure holder;

(e)the holder of a geothermal tenure under the Geothermal Energy Act 2010 relating to the land;

(f)the holder of a GHG tenure under the Greenhouse Gas Storage Act 2009 relating to the land;

(g)the plantation licensee of a plantation licence under the Forestry Act 1959;

(h)a water authority;

(i)the holder of a resource operations licence, distribution operations licence or an operations licence;

(j)the holder of, or applicant for, a pipeline licence or petroleum facility licence under the Petroleum and Gas Act;

(k)CEWH;

(l)an entity prescribed by regulation.

s 104 amd 2003 No. 25 s 43; 2008 No. 58 s 13

sub 2014 No. 64 ss 67 (1), 68

105Purpose of div 2

Under this division, the chief executive may grant water licences for taking water and interfering with the flow of water, for example, by a weir.

s 105 amd 2005 No. 19 s 17; 2006 No. 23 s 6; 2008 No. 58 s 15; 2010 No. 20 s 79; 2011 No. 40 s 40; 2014 No. 40 s 136

sub 2014 No. 64 ss 67 (1), 68

106What is a water licence

(1)A water licence may authorise the taking of water from a location or the interference with water at a location.

(2)A water licence attaches to the water licensee’s land unless—

(a)the licensee is a prescribed entity; or

(b)the water licence is an associated water licence granted under chapter 9, part 8, division 2.

(3)Unless this Act provides otherwise, a water licence may be amended, renewed, reinstated, relocated, transferred, amalgamated, subdivided, surrendered, cancelled or repealed.

s 106 amd 2003 No. 25 s 44; 2005 No. 42 s 52 sch 1; 2010 No. 20 s 81; 2011 No. 40 s 41; 2013 No. 23 s 233; 2014 No. 40 s 137

sub 2014 No. 64 ss 67 (1), 68

amd 2019 No. 17 s 326

ch 2 pt 3 div 2 sdiv 2 hdg ins 2011 No. 40 s 13

sub 2014 No. 64 ss 67 (1), 68

107Applying for a water licence

(1)An owner of a parcel or parcels of land may apply for a water licence for the parcel or parcels—

(a)for taking water and using the water on any of the land; or

(b)to interfere with the flow of water on, under or adjoining any of the land; or

(c)for both taking and using water under paragraph (a) and interfering with the flow of water under paragraph (b) if the take is from the storage created by the interference.

(2)An application under subsection (1)(a) may be for taking water from any of the following—

(a)a watercourse, lake or spring on or adjoining any of the land;

(b)an aquifer under any of the land;

(c)water flowing across any of the land.

(3)Also, an application under subsection (1)(a) or (b) may be for taking water from a watercourse, lake, spring or aquifer if—

(a)for water from a watercourse, lake or spring—the watercourse, lake or spring does not adjoin any of the applicant’s land or the proposed point of taking the water is not on the applicant’s land; or

(b)for water from an aquifer—the aquifer is not under the applicant’s land.

(4)A prescribed entity may also apply for a water licence for taking water or interfering with the flow of water.

s 107 sub 2001 No. 75 s 22

amd 2005 No. 19 s 20

sub 2014 No. 64 ss 67 (1), 68

108Applying for transmission water licence

(1)Subject to subsection (3), each of the following entities may apply for a water licence (a transmission water licence) for taking water from a receiving water source—

(a)the bulk water supply authority;

(b)a relevant entity for a recycled water scheme;

(c)an entity nominated by a relevant entity for a recycled water scheme.

(2)An application made under subsection (1) is a licence application.

(3)If recycled water in a receiving water source is supplied from water supply works that supply bulk services under a bulk water supply agreement, the bulk water supply authority is the only entity that may make a licence application in relation to the receiving water source.

(4)This subdivision, other than sections 110, 111, 113 and 114 and this section, does not apply to a licence application.

(5)For applying sections 110, 111, 113 and 114, a reference to an application is taken to be a reference to a licence application.

(6)The chief executive may decide the licence application without notice of the licence application being published.

(7)If the chief executive grants a licence application, the transmission water licence does not attach to the licensee’s land.

(8)In this section—

approved recycled water management plan has the meaning given in the Water Supply (Safety and Reliability) Act 2008, schedule 3.

receiving water source means a lake, or watercourse, into which recycled water is supplied under an approved recycled water management plan to augment a supply of drinking water.

relevant entity has the meaning given in the Water Supply (Safety and Reliability) Act 2008, schedule 3.

s 108 amd 2005 No. 19 s 22

sub 2013 No. 23 s 234; 2014 No. 64 ss 67 (1), 68

109When application may not be made

(1)An application can not be made for a water licence—

(a)for an activity the applicant is authorised to do under part 3, division 1; or

(b)in relation to the release of unallocated water.

(2)Subsection (1)(b) does not apply to an application that is part of a process prescribed under section 40(2).

s 109 amd 2001 No. 75 s 3 sch 2; 2005 No. 19 s 25

sub 2014 No. 64 ss 67 (1), 68; 2019 No. 17 s 327

110When application may be made

An application under section 107 or section 108 must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed by regulation.

s 110 amd 2001 No. 75 s 23; 2003 No. 25 s 46; 2005 No. 19 s 26; 2006 No. 23 s 7

sub 2014 No. 64 ss 67 (1), 68

111Additional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application within the reasonable time stated in the requirement; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or

(c)if notice of the application is published—any submitter to give additional information about the submission.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 111 amd 2005 No. 19 s 28; 2013 No. 23 s 237

sub 2014 No. 64 ss 67 (1), 68

112Public notice of application for water licence

(1)This section applies if the chief executive is satisfied the application has been properly made and the applicant has given the chief executive any additional information requested for the application.

(2)However, this section does not apply if—

(a)the application is for taking underground water only for domestic purposes or watering stock of a number that would normally be depastured on the land to which the application relates; or

(b)the chief executive is satisfied granting the application would be inconsistent with a water plan.

(3)The chief executive must publish, on a Queensland Government website, a notice (a public submissions notice) that—

(a)states the application has been made; and

(b)includes the following information—

(i)the location of the proposed taking of, or interference with, water;

(ii)where copies of the application may be inspected;

Example—

a Queensland Government website

(iii)that written submissions may be made by any entity about the application;

(iv)a day, that is not earlier than 30 business days after the day the notice is published, by which submissions must be made;

(v)the person to whom submissions must be made.

(4)The chief executive may, by written notice, require the applicant to publish a copy of the public submissions notice for the period, and in the way, stated in the written notice.

(5)Within 10 business days after the applicant publishes the copy of the public submissions notice under subsection (4), the applicant must give the chief executive evidence of the publication.

(6)The application lapses if the applicant fails, without a reasonable excuse, to comply with—

(a)the written notice mentioned in subsection (4); or

(b)the requirement under subsection (5).

s 112 amd 2005 No. 19 s 30; 2013 No. 23 s 239

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (18)–(19))

amd 2019 No. 17 s 328; 2023 No. 24 s 12

113Criteria for deciding application for water licence

In deciding whether to grant or refuse the application, the chief executive must consider the application together with—

(a)if a water plan would apply to any water licence granted—the water plan; and

(b)if the application relates to the Murray-Darling Basin—the long-term average sustainable diversion limits included in the Basin Plan; and

(c)if additional information has been given to the chief executive under section 111—the additional information; and

(d)if notice of the application has been published under section 112—all properly made submissions about the application; and

(e)if a water plan would not apply to any water licence granted—

(i)existing water entitlements and authorities to take or interfere with water; and

(ii)any information about the effects of taking, or interfering with, water on natural ecosystems; and

(iii)any information about the effects of taking, or interfering with, water on the physical integrity of watercourses, lakes, springs or aquifers; and

(iv)strategies and policies for water resource management in the area to which the application relates; and

(f)the public interest.

s 113 amd 2003 No. 25 s 47; 2005 No. 19 s 31; 2008 No. 34 s 676; 2013 No. 23 s 240

sub 2014 No. 64 ss 67 (1), 68

amd 2023 No. 24 s 13

114Deciding application for water licence

(1)The chief executive must decide to grant, or to grant in part, with or without conditions, or refuse to grant, the application.

(2)Subsection (3) applies if the granting, or granting in part, of the application would be inconsistent with a water plan.

(3)The chief executive must refuse the application and give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application.

(4)Subsection (5) applies if the chief executive makes a decision consistent with—

(a)the water plan, if no other decision could have been made; or

(b)a water entitlement notice; or

(c)the terms of grant or sale for an unallocated water release process.

(5)The chief executive must give notice of the decision, including the reasons for the decision, within 30 business days after deciding the application.

(6)Subsection (7) applies if—

(a)a water plan does not apply to the water the subject of the application; or

(b)the chief executive makes a decision consistent with the water plan and a different decision consistent with the plan could have been made.

(7)The chief executive must give the applicant, and any entity who gave a properly made submission about the application, an information notice about the decision within 30 business days after deciding the application.

(8)If the chief executive grants the application, or grants the application in part, with or without conditions, the chief executive must, within 30 business days after the granting, give a water licence in the approved form to—

(a)the applicant; or

(b)if after making the application the applicant has ceased to be an owner of land to which the application relates—the registered owner of the land.

(9)The licence has effect from the day the information notice or notice of the decision is given to the applicant.

s 114 amd 2005 No. 19 s 33

sub 2013 No. 23 s 241; 2014 No. 64 ss 67 (1), 68

amd 2019 No. 17 s 360 sch 1

115Effect of disposal of part of land to which application for water licence relates

(1)Subsection (2) applies if—

(a)an application for a water licence is made to the chief executive; and

(b)the applicant disposes of part of the land to which the application relates; and

(c)at the time the applicant disposes of the part, the chief executive has not decided the application under section 114.

(2)The application lapses on the day the applicant disposes of the part.

s 115 amd 2005 No. 19 s 34

sub 2013 No. 23 s 241; 2014 No. 64 ss 67 (1), 68

116Granting a water licence under a process in a plan or regulation

(1)Subsection (2) applies if a water plan, water management protocol or regulation states a process for the allocation of water, or interference with the flow of water, under a water licence.

(2)The chief executive may grant a water licence under this section in accordance with the process without the need for an application to be made under section 107.

(3)Within 30 business days after the chief executive grants the licence, the chief executive must give the licensee the licence and a notice about the granting of the licence in the way stated in section 114.

(4)The licence has effect from the day the licence is given to the licensee.

s 116 amd 2005 No. 19 s 35; 2008 No. 34 s 666 sch 2; 2013 No. 23 s 352 sch 1 pt 1

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (20))

ch 2 pt 3 div 2 sdiv 3 hdg ins 2011 No. 40 s 15

sub 2014 No. 64 ss 67 (1), 68

117Contents of water licence

A water licence must state—

(a)the term of the licence; and

(b)the water to which the licence relates; and

(c)one of the following—

(i)the location from which the water may be taken;

(ii)the location at which water may be interfered with;

(iii)the location from which the water may be taken and at which it may be interfered with; and

(d)the conditions of the licence.

s 117 amd 2005 No. 19 s 35

sub 2013 No. 23 s 242; 2014 No. 64 ss 67 (1), 68

118Conditions of water licence

(1)The water licence is subject to the conditions—

(a)prescribed by regulation; and

(b)the chief executive may impose for a particular licence.

(2)Without limiting subsection (1), the conditions may require the holder of the licence to do all or any of the following—

(a)calculate or measure water taken under the licence, and record, or transmit or otherwise report, information about the water taken;

(b)provide and maintain access to alternative water supplies for other persons, authorised under this Act to take water, who would be affected by the granting of the licence;

(c)carry out and report on a stated monitoring program;

(d)give relevant information reasonably required by the chief executive for the administration or enforcement of this Act.

s 118 amd 2005 No. 19 s 37

sub 2014 No. 64 ss 67 (1), 68

amd 2023 No. 24 s 36

119Where water under certain licences must be used

(1)Water taken under a licence that is attached to land must be used only on the land to which the licence attaches.

Maximum penalty—1,665 penalty units.

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

(a)water taken under a licence attached to land the subject of a water facility agreement under the Stock Route Management Act 2002; or

(b)underground water taken under a water licence for stock or domestic purposes.

s 119 amd 2005 No. 19 s 40; 2013 No. 23 s 244

sub 2014 No. 64 ss 67 (1), 68

amd 2019 No. 17 s 360 sch 1

ch 2 pt 3 div 2 sdiv 4 hdg (prev ch 2 pt 3 div 2 sdiv 2 hdg) renum 2011 No. 40 s 24

sub 2014 No. 64 ss 67 (1), 68

120What are dealings with water licences

The following are dealings with water licences—

(a)amending a licence;

(b)renewing a licence;

(c)reinstating a licence;

(d)relocating a licence;

(e)transferring a licence;

(f)amalgamating licences;

(g)subdividing a licence;

(h)seasonal water assignment of—

(i)a licence; or

(ii)a seasonal water assignment notice for a licence;

(i)cancelling a licence;

(j)surrendering a licence;

(k)repealing a licence.

s 120 ins 2014 No. 64 s 68

amd 2023 No. 24 s 14

121Who may apply for dealing with water licence

(1)The licensee of a water licence may apply for 1 or more dealings with the licence.

(2)However, this section does not apply to a licensee surrendering the licensee’s water licence or the cancellation or repeal of a licence.

(2A)Despite subsection (1), an application to relocate the water licence may be made only if section 126 applies to the licence.

(3)Also, the following persons may apply for the dealing with the water licence mentioned in the circumstances mentioned—

(a)for a seasonal water assignment of a seasonal water assignment notice for the water year in which the application is made—the holder of the seasonal water assignment notice;

(b)for the transfer of a water licence—the licensee and proposed transferee if the proposed transferee is an owner of land to which the water licence attaches or a prescribed entity;

(c)for an application to reinstate an expired water licence—

(i)if a licensee fails to renew a water licence—the licensee; or

(ii)if the licensee has ceased to be an owner of the land to which the licence was attached—another owner of the land;

(d)for an application to amalgamate 2 or more water licences into a single licence—either of the following—

(i)the licensee or licensees of 2 or more water licences relating to the same land;

(ii)a prescribed entity.

s 121 amd 2001 No. 75 s 26; 2003 No. 25 s 52; 2005 No. 19 s 44; 2011 No. 40 s 44

sub 2014 No. 64 ss 67 (1), 68

amd 2018 No. 24 s 248; 2023 No. 24 s 15

122How to apply for dealing with water licence

(1)An application for a dealing with a water licence must be—

(a)made to the chief executive in the approved form; and

(b)accompanied by the fee prescribed by regulation.

(2)For an application mentioned in section 123, 126 or 127, the application must comply with the requirements stated in the section.

s 122 amd 2001 No. 75 s 27; 2005 No. 19 s 45

sub 2014 No. 64 ss 67 (1), 68

123Application to amend water licence to add or remove land

(1)This section applies to an application to amend a water licence—

(a)by adding land to the land to which the licence attaches; or

(b)by removing land from the land to which the licence attaches, whether or not the application also seeks a reduction in the volume of water that may be taken under the licence.

(2)The applicant must give notice of the application to any entity that has an interest in the land to which the licence attaches, the land to be added or the land to be removed.

(3)The notice must include at least the following—

(a)a description of the proposed changes to the land to which the licence attaches;

(b)where copies of the application may be inspected.

(4)The application to amend the licence must be accompanied by written advice from the applicant that the applicant has complied with subsection (2) for the application.

(5)Within 10 business days after the notice is given, the applicant must give the chief executive a copy of the notice.

(6)If the applicant fails, without reasonable excuse, to comply with subsection (5), the application lapses.

(7)The chief executive may send a copy of the notice to any other entity the chief executive considers appropriate.

s 123 sub 2005 No. 19 s 47; 2014 No. 64 ss 67 (1), 68

amd 2018 No. 24 s 249

124Water licence remains in force until application for renewal decided

If a water licensee applies to renew a water licence before the licence expires, the licence remains in force until—

(a)if the application is approved with or without variation—the applicant is given a new licence; or

(b)if the application is refused and the applicant has appealed against the decision—until the date on which notification of the final outcome of the appeal has been given to the applicant; or

(c)if the application is refused and the applicant has not appealed against the decision—30 business days after the applicant is given an information notice.

s 124 sub 2014 No. 64 ss 67 (1), 68

125Application to reinstate expired water licence

(1)This section applies to an application mentioned in section 121(3)(c).

(2)The applicant may apply to have the water licence reinstated within 60 business days after the licence expires.

(3)If an application for the reinstatement of a water licence is made, the expired licence is taken to have been in force from the day the application was made until the applicant has been notified of the chief executive’s decision on the application.

s 125 amd 2001 No. 75 s 29; 2003 No. 25 s 53; 2005 No. 19 s 48

sub 2014 No. 64 ss 67 (1), 68

126Application to relocate water licence

(1)This section applies to a water licence if any of the following allow all or part of the water licence to be relocated under this section—

(a)a regulation;

(b)a water management protocol;

(c)a water plan.

(2)An application may be made to relocate the water licence or the part of the water licence.

(3)For section 122(2), the application must be made, assessed and decided under the process prescribed by regulation.

(4)In this section—

prescribed person means—

(a)a person who is, or will be, an owner of land to which a water licence will attach when a transfer under this section is approved; or

(b)a prescribed entity.

relocate, a water licence, means—

(a)if the licence attaches to land—amend the licence, so that all or part of the licence attaches to other land whether in or outside Queensland; or

(b)amend the licence to change the location from which water may be taken under the licence; or

(c)any of the following associated with, and applied for in the same application as, an amendment applied for under paragraph (a) or (b)—

(i)amend the licence to change the purpose for which water may be taken under the licence;

(ii)transfer the licence to a prescribed person;

(iii)amalgamate the licence with another water licence held or to be held by the transferee.

s 126 amd 2001 No. 75 s 3 sch 2

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (21)); 2018 No. 24 s 250

127Application for a seasonal water assignment

(1)This section applies to an application for a seasonal water assignment of—

(a)a water licence; or

(b)a seasonal water assignment notice for a water licence.

(2)The application may be made only if—

(a)a water plan or the water management protocol that implements the water plan allows seasonal water assignments; or

(b)for water licences, or seasonal water assignment notices for water licences, to which no water plan or water management protocol applies—a regulation allows seasonal water assignments and prescribes seasonal water assignment rules.

(3)The application must—

(a)relate to the water year in which the application is made; and

(b)include the name and address of the proposed assignee; and

(c)if the proposed assignee holds a water licence for the water management area in which the assignee proposes to take the benefit of the assignment—include details of the water licence; and

(d)include evidence of the consent of the proposed assignee.

(4)To remove any doubt, it is declared that the assignor and the proposed assignee may be the same person.

s 127 amd 2003 No. 25 s 54; 2005 No. 19 s 49; 2011 No. 40 s 45

sub 2014 No. 64 ss 67 (1), 68

amd 2023 No. 24 s 16

128Additional information may be required for application for dealings

(1)The chief executive may require—

(a)the applicant to give additional information about the application for a dealing; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or

(c)if notice of the application is published—any submitter to give additional information about the submission.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable time stated in the requirement, the application lapses.

s 128 amd 2001 No. 75 s 3 sch 2; 2003 No. 25 s 56

sub 2014 No. 64 ss 67 (1), 68

129When chief executive must refuse application

(1)If the granting of the application would be inconsistent with a water plan, water management protocol, water entitlement notice or the seasonal water assignment rules prescribed in a regulation, the chief executive must refuse the application without notice of the application being published.

(2)Within 30 business days after refusing the application, the chief executive must give the applicant a notice under section 114 about the refusal.

s 129 sub 2001 No. 75 s 31

amd 2003 No. 25 s 58; 2007 No. 57 s 66; 2011 No. 40 s 47

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (22))

130When application for dealing must be assessed as application for new water licence

(1)This section applies to an application for a dealing with a water licence, other than an application made under section 126(2), if the dealing—

(a)will, or is likely to, do 1 or more of the following—

(i)increase the amount of water that may be taken under the licence;

(ii)increase the rate at which water may be taken under the licence;

(iii)change the location of taking or interference with water under the licence;

(iv)increase or change the interference with water under the licence; or

(b)is an amendment to add, remove or change a condition of the licence; or

(c)is the renewal or reinstatement of the licence.

(2)Subject to subsection (3), sections 112 to 115 apply to the application for the dealing as if—

(a)a reference in sections 112 to 115 to an application for a water licence were a reference to the application for the dealing; and

(b)a reference in section 112(3)(b)(i) to the location of the proposed taking of, or interference with, water were a reference to the particulars of the dealing; and

(c)a reference in section 113 to any water licence granted were a reference to the water licence mentioned in subsection (1); and

(d)a reference in section 113(c) to section 111 were a reference to section 128; and

(e)a reference in section 114(8) to a water licence were a reference to an amended water licence, or a new water licence, that gives effect to the dealing; and

(f)a reference in section 114(9) to the licence were a reference to the amended water licence, or the new water licence, mentioned in paragraph (e).

(3)However, the chief executive is not required to publish a public submissions notice for the application for the dealing if—

(a)subsection (1)(a) does not apply in relation to the dealing; and

(b)the chief executive is not satisfied publishing the public submissions notice would be—

(i)in the interests of Aboriginal people and Torres Strait Islanders and their connection with water resources; or

(ii)in the public interest.

(4)In this section—

public submissions notice, for an application for a dealing with a water licence, means a notice about the application under section 112(3), as applied under subsection (2).

s 130 sub 2001 No. 75 s 31; 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (23))

amd 2018 No. 24 s 251

sub 2023 No. 24 s 17

131Recording other dealings

(1)This section applies to a proposed dealing other than a dealing to which section 126 or 130 applies.

(2)Subject to section 131A, the chief executive must—

(a)approve the dealing and record it in the department’s records within 30 business days after receiving the application for the dealing if the chief executive is satisfied—

(i)the application is consistent with any relevant regulation, water plan or water management protocol; and

(ii)the requirements for the application have been met; and

(b)if required, issue—

(i)1 or more new water licences; or

(ii)a new seasonal water assignment notice.

(3)However, if the application has not been decided and the applicant has ceased to be an owner of the land to which the application relates, the chief executive must, if required, issue to the registered owner of the land 1 or more new water licences.

(4)If the chief executive does not record the dealing, the chief executive must give the applicant notice of the decision, including the reasons for the decision.

(5)A water licence or notice issued under subsection (2)(b) takes effect on the day stated in the licence or notice.

(6)A water licence replaced by a new water licence issued under subsection (2)(b) expires on the day the new licence takes effect.

(7)To the extent an application for a seasonal water assignment is approved, the assignor is not authorised to take water that is the subject of the seasonal water assignment.

s 131 amd 2001 No. 75 s 32; 2007 No. 57 s 68

sub 2014 No. 64 ss 67 (1), 68

amd 2018 No. 24 s 252; 2023 No. 24 s 18

131A Effect of disposal of part of land relating to particular dealing with water licence

(1)This section applies to a proposed dealing, with a water licence, to which section 131 applies, if—

(a)the applicant for the dealing disposes of part of the land to which the application relates; and

(b)at the time the applicant disposes of the part, the chief executive has not decided the application under subsection 131.

(2)The application lapses on the day the applicant disposes of the part.

s 131A ins 2018 No. 24 s 253

132Actions chief executive may take in relation to water licences

(1)The chief executive may do the following without complying with the provisions of this division, other than this section and sections 133 to 135—

(a)amend a water licence to correct a minor error in the licence, or make another change that is not a change of substance;

(b)amend a water licence after a show cause process if the chief executive is satisfied the amendment is required;

(c)cancel a water licence after a show cause process if the chief executive is satisfied the licence should be cancelled;

(d)repeal a water licence if the licence is no longer required to authorise the taking or interference with water.

(2)If the chief executive repeals a water licence, the chief executive must give the licensee notice of the decision, including the reasons for the decision.

(3)If the chief executive amends a water licence under subsection (1)(a), the chief executive must give the licensee an amended licence in the approved form.

s 132 sub 2011 No. 40 s 48

amd 2001 No. 75 s 33; 2013 No. 23 s 250

sub 2014 No. 64 ss 67 (1), 68

133Actions chief executive must take in relation to water licences

(1)The chief executive must amend, replace or repeal a water licence if the water licence is inconsistent with a water plan or a water entitlement notice.

(2)The chief executive must, within the time stated in the plan or notice or as soon as possible after the plan or notice is approved—

(a)amend, replace or repeal the water licence; and

(b)give the licensee a notice under section 114 stating the aspects of the existing licence that are inconsistent with the plan or notice; and

(c)if required—give the licensee an amended or new water licence in the approved form.

(3)The amended or new water licence, or the repeal of a water licence, takes effect from the day the chief executive gives the licensee the amended or new licence or notice of the repeal.

s 133 amd 2007 No. 57 s 69

sub 2014 No. 64 ss 67 (1), 68

134Amendment of water licence after show cause process

(1)This section applies to an amendment of a water licence by the chief executive under section 132(1)(b).

(2)The amendment must not—

(a)increase the amount of water that may be taken under the licence; or

(b)increase the daily rate or maximum rate per second at which water may be taken under the licence; or

(c)change the location of taking or interfering with water under the licence, unless the dealing is permitted under a regulation or water management protocol; or

(d)increase the interference with water under the licence.

(3)Before the chief executive acts under subsection (1), the chief executive must give the licensee a show cause notice about the proposed amendment.

(4)In deciding whether to amend the water licence, the chief executive must consider any properly made submission about the proposed amendment.

(5)If the chief executive is satisfied the proposed amendment should be made, the chief executive must, within 30 business days after the decision, give the licensee an amended water licence in the approved form and an information notice about the decision.

(6)If the chief executive is not satisfied the amendment should be made, the chief executive must give the licensee notice that the water licence will not be amended.

(7)The amended water licence takes effect from the day the licence is given to the licensee.

s 134 amd 2001 No. 75 s 34; 2003 No. 25 s 59; 2005 No. 19 s 53; 2007 No. 57 s 70

sub 2014 No. 64 ss 67 (1), 68

amd 2019 No. 17 s 329

135Cancellation of water licence

(1)This section applies to a cancellation of a water licence by the chief executive under section 132(1)(c).

(2)Section 134 applies to the cancellation—

(a)as if a reference in the section to an amendment of the water licence were a reference to the cancellation of the licence; and

(b)with any other necessary changes.

(3)The chief executive must not cancel a water licence if a seasonal water assignment notice applies to the licence.

s 135 amd 2001 No. 75 s 35; 2003 No. 25 s 60; 2011 No. 40 s 49

sub 2014 No. 64 ss 67 (1), 68

136Surrender of a water licence

(1)A licensee may surrender a water licence by giving the chief executive a notice of surrender.

(2)The surrender—

(a)takes effect on the date on which the notice to surrender is received by the chief executive; and

(b)does not affect in any way a duty under this Act about works imposed on the licensee before the surrender.

(3)A licensee must not surrender a water licence if a seasonal water assignment notice applies to the licence.

s 136 prev s 136 om 2001 No. 75 s 36

pres s 136 ins 2014 No. 64 s 68

ch 2 pt 3 div 3 hdg sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 3 div 3 sdiv 1 hdg om 2014 No. 64 s 67 (1)

ch 2 pt 3 div 3 sdiv 2 hdg om 2014 No. 64 s 67 (1)

ch 2 pt 3 div 3 sdiv 3 hdg om 2014 No. 64 s 67 (1)

ch 2 pt 3 div 3 sdiv 4 hdg om 2013 No. 23 s 232

ch 2 pt 3 div 3 sdiv 5 hdg om 2013 No. 23 s 232

ch 2 pt 3 div 3 sdiv 6 hdg om 2013 No. 23 s 232

137Applying for water permit

(1)A person may apply for a water permit for taking water for an activity.

(2)At the time the application is made, the activity, must have a reasonably foreseeable conclusion date.

(3)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application; and

(c)accompanied by the fee prescribed by regulation.

s 137 prev s 137 om 2001 No. 75 s 36

pres s 137 ins 2014 No. 64 s 68

137AAdditional information may be required

(1)The chief executive may require—

(a)the applicant to give additional information about the application within the reasonable period stated in the requirement; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration.

(2)If the applicant fails, without reasonable excuse, to comply with the requirement within the reasonable period stated in the requirement, the application lapses.

s 137A ins 2018 No. 24 s 254

138Criteria for deciding application for water permit

In deciding whether to grant or refuse the application or the conditions for the water permit, the chief executive must consider the following—

(a)the application and additional information given in relation to the application;

(b)existing water entitlements and authorisations to take or interfere with water;

(c)any information about the impacts on natural ecosystems;

(d)any information about the impacts on the physical integrity of watercourses, lakes, springs or aquifers;

(e)the public interest.

s 138 amd 2001 No. 75 s 37; 2005 No. 19 s 54

sub 2014 No. 64 ss 67 (1), 68

139Deciding application for water permit

(1)If the chief executive is satisfied the application should be granted, or granted in part, the chief executive must grant all or part of the application for a stated period, with or without conditions.

(2)If the chief executive is not satisfied the application should be granted, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant an information notice about the decision.

(4)If the chief executive grants all or part of the application, with or without conditions, the chief executive must, within 30 business days after granting the application, give the applicant a water permit in the approved form.

(5)The water permit has effect from the day the information notice is given to the applicant.

s 139 sub 2014 No. 64 ss 67 (1), 68

140Contents of water permit

A water permit—

(a)relates to the location or locations stated on the permit; and

(b)must be granted for a stated period; and

(c)can not be transferred, amended, renewed or suspended; and

(d)must be for a stated activity.

s 140 amd 2005 No. 19 s 55

sub 2014 No. 64 ss 67 (1), 68

141Conditions of water permit

The water permit is subject to the conditions—

(a)prescribed by regulation; and

(b)the chief executive may impose for a particular permit.

s 141 amd 2003 No. 25 s 62

sub 2014 No. 64 ss 67 (1), 68

142Cancelling water permit

(1)The chief executive may cancel a water permit if the chief executive is satisfied the permit should be cancelled.

(2)Section 134 applies to the cancellation—

(a)as if a reference in the section to—

(i)an amendment were a reference to a cancellation; and

(ii)a licence were a reference to a permit; and

(iii)a licensee were a reference to a permittee; and

(b)with any other necessary changes.

s 142 sub 2005 No. 19 s 56; 2014 No. 64 s 68

ch 2 pt 3 div 4 hdg ins 2014 No. 64 s 68

ch 2 pt 3 div 4 sdiv 1 hdg ins 2014 No. 64 s 68

143Meaning of element of a water allocation

(1)For this division, an element of a water allocation is an attribute or a condition of the allocation.

(2)The following are attributes of a water allocation—

(a)the nominal volume for the allocation;

(b)the maximum rate;

(c)the volumetric limit.

(3)The following are conditions of a water allocation—

(a)the location from which the water may be taken under the allocation;

(b)the purpose for which the water may be taken under the allocation;

(c)flow conditions under which the water may be taken;

(d)any other condition required by the chief executive under section 152(1)(e).

s 143 amd 2001 No. 75 s 38

sub 2014 No. 64 ss 67 (1), 68

144Meaning of maximum rate for div 4

(1)For this division, the maximum rate for a water allocation is the maximum volume of water, in megalitres, that may be taken under the allocation during a day.

(2)However, if a condition on a water allocation contains a water sharing rule about the maximum rate that applies to the water allocation, the maximum rate is, under the rule, the maximum rate at which water may be taken during a particular period of time or in particular circumstances.

(3)A water allocation may include more than one maximum rate if there is more than one condition that applies to the maximum rate that may be taken.

s 144 amd 2005 No. 19 s 57; 2011 No. 40 s 50

sub 2014 No. 64 ss 67 (1), 68

145Meaning of volumetric limit for div 4

(1)For this division, the volumetric limit for a water allocation is the maximum volume of water, in megalitres, that may be taken under the allocation during a water year.

(2)However, if a condition on a water allocation or a water management protocol contains a water sharing rule about volumetric limits that applies to the water allocation, the volumetric limit stated on the water allocation is used to calculate, under the rule, the maximum volume that may be taken under the allocation during a particular period or in particular circumstances.

(3)A water allocation may include more than one volumetric limit if there is more than one condition that applies to the limit.

s 145 amd 2005 No. 19 s 58

sub 2014 No. 64 ss 67 (1), 68

ch 2 pt 3 div 4 sdiv 2 hdg ins 2014 No. 64 s 68

146Converting water entitlements

(1)On the day a water entitlement notice takes effect—

(a)all water licences, interim water allocations or other authorities to take water, to be converted under the notice, expire and the chief executive must grant to the holders of the expired water licences, interim water allocations or other authorities, the water entitlements stated in the notice; and

(b)the registrar must record on the water allocations register details of each water allocation granted.

(2)If the allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation.

(3)Subsection (4) applies if—

(a)the allocation holder and the resource operations licence holder have not entered into a supply contract for the allocation; and

(b)the resource operations licence holder has placed a standard supply contract on the resource operations licence holder’s website.

(4)The resource operations licence holder and the allocation holder are taken to have been entered into the standard supply contract on the day the water allocation is registered.

(5)Subsection (6) applies if—

(a)the allocation holder and the resource operations licence holder have not entered into a supply contract for the allocation; and

(b)the resource operations licence holder has not placed a standard supply contract on the resource operations licence holder’s website.

(6)The resource operations licence holder and the allocation holder are taken to have been entered into the standard supply contract published on a Queensland Government website on the day the water allocation is registered.

(7)Subsection (2) does not apply if—

(a)the resource operations licence holder and the water allocation holder are the same person; or

(b)the water allocation holder is a subsidiary company of the resource operations licence holder.

(8)Subsection (9) applies if the chief executive has been given a notice under section 73(1)(a).

(9)The water allocation must be recorded in accordance with the notice and has effect on the day the granting of the allocation is recorded.

s 146 amd 2003 No. 25 s 63

sub 2005 No. 19 s 59; 2014 No. 64 ss 67 (1), 68

amd 2023 No. 24 s 75 sch 1 pt 1

147Granting water allocations under a process in a plan

(1)Subsection (2) applies if a water plan, water management protocol or regulation states a process for the allocation of water under a water allocation.

(2)The chief executive may grant a water allocation in accordance with the process.

(3)On the day the allocation is granted, the registrar must record on the water allocations register details of the allocation.

(4)If the allocation is managed under a resource operations licence, the allocation holder and the resource operations licence holder must have a supply contract for the allocation.

(5)Subsection (4) does not apply if—

(a)the resource operations licence holder and the water allocation holder are the same person; or

(b)the water allocation holder is a subsidiary company of the resource operations licence holder.

(6)Within 30 business days after the chief executive grants the allocation, the chief executive must give the allocation holder a notice about the granting of the allocation.

(7)The allocation has effect on the day the registrar records the granting of the allocation in the water allocations register.

s 147 amd 2009 No. 25 s 83 sch

sub 2014 No. 64 ss 67 (1), 68 (amd 2016 No. 60 s 15 (24)–(25))

amd 2021 No. 12 s 148 sch 3

148Relationship between water plans and water allocation

(1)Taking water under a water allocation is subject to—

(a)the water plan for a plan area; and

(b)either—

(i)for a water allocation managed under a resource operations licence—the conditions of the resource operations licence and any operations manual; or

(ii)for a water allocation not managed under a resource operations licence—the water management protocol.

(2)If there is a conflict between the water plan and the water allocation, the plan prevails.

s 148 amd 2003 No. 25 s 65

sub 2014 No. 64 ss 67 (1), 68

149Security for supply and storage of water allocation

If a water allocation is managed under a resource operations licence, the licence holder may require the allocation holder to give the licence holder reasonable security for supplying and storing the allocation.

s 149 sub 2014 No. 64 ss 67 (1), 68

150Amending water allocations

(1)Subsection (2) applies if—

(a)a water plan states that a water allocation must be amended; or

(b)there is a change to the name of the water management area that includes the location from which water under a water allocation may be taken; or

(c)there is a change to the name of the resource operations licence under which a water allocation is managed.

(2)The chief executive must—

(a)amend the water allocation in accordance with the plan or the change; and

(b)within 30 days from the day the amendment takes effect, give the allocation holder a notice about the amendment.

(3)On the day the water allocation is amended, the registrar must record on the water allocations register details of the amendment.

(4)The amendment has effect on the day the registrar records the amendment in the water allocations register.

s 150 amd 2001 No. 75 s 39; 2003 No. 25 s 66

sub 2005 No. 19 s 61

amd 2008 No. 34 s 679; 2011 No. 40 s 51

sub 2014 No. 64 ss 67 (1), 68

amd 2021 No. 12 s 148 sch 3

151Correcting water allocation when recording the granting or amending

(1)The registrar may make any necessary corrections to the name of the holder of the existing water entitlement when recording the granting or amending of the water allocation.

(2)For subsection (1), the registrar may require—

(a)the applicant to give additional information about the correction; or

(b)any information about the correction, or any additional information required under paragraph (a), to be verified by statutory declaration.

s 151 amd 2001 No. 71 s 551 sch 1; 2003 No. 25 s 67; 2013 No. 23 s 352 sch 1 pt 2 amdt 3

sub 2014 No. 64 ss 67 (1), 68

amd 2021 No. 12 s 126

152Registration details for water allocations

(1)The entry on the water allocations register for a water allocation must state the following—

(a)the name of the person who holds, and how the person holds, the allocation;

(b)a nominal volume for the allocation;

(c)the location from which water under the allocation may be taken;

(d)the purpose for which the water may be taken, including, for example, rural, distribution loss, town water supply or for any purpose;

(e)any conditions required by the chief executive;

(f)the water plan under which the allocation is managed;

(g)other matters prescribed by regulation.

(2)If the water allocation is managed under a resource operations licence, the entry on the water allocations register for the allocation must also state the following—

(a)the resource operations licence under which the allocation is managed;

(b)the priority group to which the allocation belongs.

(3)If the water allocation is not managed under a resource operations licence, the entry on the water allocations register for the allocation—

(a)must also state the following—

(i)the volumetric limit for the allocation;

(ii)the water allocation group to which the allocation belongs;

(iii)the water management area that includes the location from which the water may be taken; and

(b)may also state the following—

(i)the maximum rate for the allocation;

(ii)the flow conditions under which water under the allocation may be taken.

s 152 amd 2003 No. 25 s 68; 2010 No. 39 s 325 sch 1 pt 2

sub 2014 No. 64 ss 67 (1), 68

153Water allocations to which a distribution operations licence applies

(1)This section applies if—

(a)a water allocation is granted under section 146 and, at the time the allocation is granted, water may be distributed to the water allocation holder by the holder of a distribution operations licence; or

(b)the chief executive is satisfied that because of a change to the location—

(i)a water allocation takes water in a distribution operations licence area; and

(ii)the water to which the water allocation applies is now distributed under a distribution operations licence.

(2)The chief executive must give the registrar notice that the water allocation is an allocation to which a distribution operations licence applies.

s 153 amd 2011 No. 40 s 52

sub 2014 No. 64 ss 67 (1), 68

154Preservation of obligation in particular circumstances

(1)This section applies if—

(a)the location from which water may be taken under a water allocation to which section 153(1) applies is changed to a location to which the holder of the distribution operations licence (the licence holder) does not distribute water; or

(b)the allocation is changed or subdivided or amalgamated with another water allocation.

(2)The obligation on the water allocation holder to pay a charge, in relation to the licence holder’s distribution works, to the licence holder under the distribution arrangements between the parties continues to attach to the water allocation until the licence holder agrees that the obligation has been satisfied.

(3)If the licence holder agrees, under subsection (2), that the obligation has been satisfied, the licence holder must give the chief executive notice in the approved form of the satisfaction.

(4)If the chief executive receives notice under subsection (3), the chief executive must give the registrar notice that the water allocation is no longer an allocation to which a distribution operations licence applies.

s 154 sub 2003 No. 25 s 69; 2014 No. 64 ss 67 (1), 68

155Disclosure to proposed transferee or lessee of water allocation to which distribution operations licence applies

(1)This section applies to a water allocation if the water to which the water allocation relates is distributed to its holder (the allocation holder) under a distribution operations licence (the DOL).

(2)The allocation holder must, before entering into a contract for the transfer or lease of the water allocation, give the transferee or lessee under the contract—

(a)a disclosure statement for the water allocation; and

(b)an acknowledgement notice for the water allocation, for signing by the transferee or lessee.

Examples of a contract—

a contract for the sale or lease of the water allocation or for the transfer or sublease of a lease of the water allocation

(3)The disclosure statement for the water allocation—

(a)must fairly set out, for the water allocation, the relevant details of the distribution arrangements of the DOL holder, and the financial obligations of the allocation holder arising from the arrangements; and

(b)subject to paragraph (a), must be, or must include, a document—

(i)as prepared by the DOL holder for the purposes of the water allocation; and

(ii)given by the DOL holder to the allocation holder at the request of the allocation holder.

(4)The DOL holder must ensure that the matters stated in the document mentioned in subsection (3)(b) are the matters that the transferee or lessee reasonably needs to be aware of before entering into the contract.

(5)If the contract is entered into, but has not already been settled, and the allocation holder did not give the transferee or lessee the disclosure statement as required under this section, the transferee or lessee may terminate the contract.

(6)In this section—

acknowledgement notice, for the water allocation, means a statement in the approved form acknowledging that the transferee or lessee—

(a)has seen a disclosure statement for the water allocation; and

(b)understands the obligations, as set out in the disclosure statement, that apply to the transferee or lessee on becoming the holder of the water allocation.

s 155 ins 2014 No. 64 s 68

ch 2 pt 3 div 4 sdiv 3 hdg ins 2014 No. 64 s 68

156Meaning of water allocation dealing

(1)For this subdivision, a water allocation dealing is—

(a)a transfer or lease under section 157; or

(b)a change or subdivision of a water allocation or the amalgamation of 2 or more water allocations.

(2)A change in relation to a water allocation is a reconfiguration of any 1 or more of the elements of the allocation or a change to priority group or water allocation group.

s 156 ins 2014 No. 64 s 68

157Transfers or leases of water allocations not managed under a resource operations licence

(1)A water allocation holder who proposes to transfer or lease a water allocation not managed under a resource operations licence must give the chief executive notice of the proposed transfer or lease.

(2)The notice must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed by regulation.

(3)The chief executive must give the water allocation holder a certificate about the proposed transfer or lease within 10 business days after receiving the notice.

s 157 ins 2014 No. 64 s 68

158Water allocation dealing rules

(1)A regulation may prescribe water allocation dealing rules applying to whole of the State.

(2)A water management protocol may state water allocation dealing rules applying to the relevant water plan area.

(3)The rules must not allow a water allocation dealing that would—

(a)for a water allocation managed under a resource operations licence—

(i)increase the water allocation’s share of the water the resource operations licence holder has available to supply the water allocations managed under the licence; or

(ii)increase the water the resource operations licence holder has available to supply the water allocations managed under the licence; or

(b)for a water allocation not managed under a resource operations licence—

(i)change the nominal volume for the water allocation; or

(ii)increase the share of the water available to be taken under the water allocation.

(4)Water allocation dealing rules may—

(a)state the types of water allocation dealings that are permitted under the rules; and

(b)state types of water allocation dealings that must be assessed against stated criteria under the rules; and

(c)state the types of water allocation dealings that are prohibited under the rules.

(5)The rules must prescribe or state the process relating to—

(a)the making of an application for a water allocation dealing; and

(b)deciding an application for a water allocation dealing by the chief executive if the dealing is a type that must be assessed.

(6)Without limiting subsection (5), the process may state the following—

(a)the way an application must be made;

(b)that an application must be accompanied by a fee;

(c)the requirements for publishing notice of the application;

(d)that the applicant must pay the reasonable costs incurred by the chief executive in investigating the application;

(e)how the chief executive is to decide the application and give notice of the chief executive’s decision to the applicant.

s 158 ins 2014 No. 64 s 68

amd 2018 No. 24 s 282 sch 1

159Applying for water allocation dealing consistent with water allocation dealing rules

(1)The holder of a water allocation may apply to the chief executive for a water allocation dealing, other than a transfer or lease, under the water allocation dealing rules.

(2)The chief executive must—

(a)if the application is for a type of dealing permitted under the water allocation dealing rules—approve the application; or

(b)if the application is for a type of dealing assessed under the water allocation dealing rules—approve or refuse the application and, if approved, approve it with or without conditions;

(c)if the application for a type of dealing prohibited under the water allocation dealing rules—refuse the application.

(3)The chief executive must not approve an application unless the dealing is consistent with the water allocation dealing rules.

(4)If the chief executive approves an application for a water allocation dealing, the chief executive must give the applicant a certificate of the dealing.

s 159 ins 2014 No. 64 s 68

160Form and validity of certificate

A certificate under sections 157 and 159—

(a)must be in the approved form; and

(b)remains valid—

(i)until the date stated in the certificate; or

(ii)if the certificate does not state a date—for 40 business days.

s 160 ins 2014 No. 64 s 68

161Registering approved application for a water allocation dealing

(1)If the water allocation holder lodges a certificate given under sections 157 and 159 with the registrar, the registrar must record on the water allocations register the details of the water allocation dealing.

(2)The water allocation dealing has effect on the day the registrar records the dealing in the water allocations register.

s 161 ins 2014 No. 64 s 68

amd 2021 No. 12 s 148 sch 3

162Water allocations may be surrendered

(1)A water allocation may be surrendered to the chief executive by agreement between the chief executive and the water allocation holder.

(2)However, a water allocation managed under a resource operations licence or a distribution operations licence can not be surrendered without the consent of the holder of the licence which may be given with or without conditions.

(3)If a water allocation is subject to a supply contract or distribution arrangements, the chief executive is liable for fees under the supply contract or distribution arrangements unless otherwise agreed between the chief executive and the holder of a resource operations licence or a distribution operations licence.

(4)However, the chief executive’s liability for fees under subsection (3) is limited to fees that arise from holding the allocation after surrender and does not include exit or termination fees.

(5)If a water allocation is surrendered, the chief executive may, subject to any conditions under subsection (2)—

(a)hold the allocation; or

(b)lease or sell the allocation by public auction, public ballot, public tender or in another way decided by the chief executive; or

(c)transfer the allocation to the holder of the relevant resource operations licence or distribution operations licence; or

(d)cancel the allocation under a water entitlement notice and—

(i)grant another water entitlement to replace the allocation; or

(ii)state the authority under this Act that replaces it; or

(e)cancel the allocation.

s 162 ins 2014 No. 64 s 68

163Cancelling water allocations

(1)The chief executive may cancel a water allocation if the water allocation is surrendered.

(2)However, if the chief executive cancels a water allocation managed under a resource operations licence or a distribution operations licence, the chief executive must give notice of the cancellation to the licence holder.

(3)If the chief executive cancels a water allocation, the chief executive must give notice to the registrar.

(4)On receiving notice, the registrar must record the cancellation on the water allocations register.

s 163 ins 2014 No. 64 s 68

164Water allocations may be forfeited

(1)Subsection (2) applies if a water allocation holder has been convicted of an offence against this Act.

(2)The chief executive may give the holder a show cause notice as to why the water allocation should not be forfeited.

(3)If, after considering any properly made submission, the chief executive is still satisfied the water allocation should be forfeited, the chief executive may forfeit the water allocation.

(4)If the chief executive decides to forfeit the water allocation, the chief executive must give the holder an information notice within 10 business days after the chief executive makes the decision.

(5)The forfeiture takes effect on the later of—

(a)if the holder does not appeal against the forfeiture—the day the period for appeals ends; or

(b)if the holder appeals against the forfeiture but withdraws the appeal—the day the appeal is withdrawn; or

(c)if the holder appeals against the forfeiture and the appeal is dismissed—the day the appeal is decided.

(6)If the water allocation is forfeited, the chief executive must sell the allocation by public auction, public ballot, public tender or in another way decided by the chief executive.

(7)Any money received by the chief executive on the sale of the forfeited water allocation must be applied as follows—

(a)first—in paying the costs of the sale and any other costs incurred in proceedings under this section;

(b)second—in discharging any liability of the former water allocation holder under this Act to the chief executive under this Act;

(c)third—in discharging the liability, if any, of the former water allocation holder for any outstanding debt owing to the distribution operations licence holder under distribution arrangements;

(d)fourth—in discharging the liability, if any, of the former water allocation holder for any outstanding debt owing to the resource operations licence holder under a supply contract;

(e)fifth—in discharging, in accordance with the priorities of their registered interests, any liabilities of the former allocation holder owing to a person who has a registered interest recorded over the forfeited allocation on the water allocations register;

(f)sixth—in payment to the former water allocation holder.

(8)If the former allocation holder can not be found after making reasonable inquiries as to the holder’s whereabouts, an amount payable to the holder must be dealt with as unclaimed money under the Public Trustee Act 1978.

(9)A genuine purchaser for value of a water allocation under this section takes the allocation free of all interests.

(10)Section 146(2) to (7) applies to the purchaser of a water allocation under this section as if the allocation were granted on the day the allocation was sold.

s 164 ins 2014 No. 64 s 68

165Dealing with water allocations granted or dealt with through fraud

(1)Subsection (2) applies if a water allocation was granted, or dealt with or recorded on the water allocations register, in consequence of a false or misleading representation or declaration, made either orally or in writing.

(2)The Supreme Court may make the order it considers just to deal with the water allocation.

s 165 ins 2014 No. 64 s 68

166Priority for applying proceeds of sale of water allocations under a power of sale

(1)In addition to any other person who may exercise a power of sale in relation to a water allocation, the following persons may exercise a power of sale in relation to a water allocation—

(a)the chief executive under section 164(6);

(b)if a supply contract gives a resource operations licence holder a power to sell the water allocation—the holder;

(c)if distribution arrangements give a distribution operations licence holder a power to sell the water allocation—the holder.

(2)The holder of a resource operations licence may exercise a power of sale only in accordance with the supply contract.

(3)The holder of a distribution operations licence may exercise a power of sale only in accordance with the distribution arrangements.

(4)Subsection (1) applies despite any registered interest in the water allocation.

(5)Before exercising the power of sale, a person proposing to exercise the power must give any person who has a registered interest in the water allocation not less than 30 business days notice of the proposed exercise of the power.

(6)An amount received on the sale of the water allocation must be applied in the way mentioned in section 164(7).

(7)A genuine purchaser for value of a water allocation under this section takes the allocation free of all interests.

(8)Section 146(2) to (7) applies to the purchaser of a water allocation under this section as if the allocation were granted on the day the allocation was sold.

s 166 ins 2014 No. 64 s 68