Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995

Queensland Water Resources Act 1989 WATER RESOURCES (KELSEY CREEK WATER SUPPLY AREA AND BOARD) REGULATION 1995 Reprinted as in force on 1 November 1996 (regulation not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 1 November 1996. Minor editorial changes allowed under the provisions of the Reprints Act 1992 have been made to use standard punctuation consistent with current drafting practice (s 27). See endnotes for information about when provisions commenced.

Queensland WATER RESOURCES (KELSEY CREEK WATER SUPPLY AREA AND BOARD) REGULATION 1995 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—ESTABLISHMENT OF WATER SUPPLY AREA AND BOARD 2 Water supply area established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Board established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 3—COMPOSITION OF BOARD 4 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 4—ELECTION OF BOARD MEMBERS Division 1—Returning officer 5 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Pre-election procedures 6 Roll of voters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 When ballot must be held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Preparing ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Distributing voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 How long ballot is open . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 How to vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 How returning officer must deal with voting material . . . . . . . . . . . . . . . . . 9 14 Scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Initial scrutiny of voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 16 Counting votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 17 What happens if votes for 2 or more candidates are equal . . . . . . . . . . . . . 11 18 Declaring election result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Term of office of elected board members . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Filling casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Re-electing members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 5—BOARD’S AUTHORISED WORKS 22 Board’s authorised works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PART 6—PROPOSAL EFFECTED 23 Proposal effected by regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 14 KELSEY CREEK WATER SUPPLY AREA AND WATER BOARD (PROPOSED CONSTITUTION) NOTICE (No. 1) 1995 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 27 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

s1 3 s3 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 WATER RESOURCES (KELSEY CREEK WATER SUPPLY AREA AND BOARD) REGULATION 1995 [reprinted as in force on 1 November 1996] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 . † PART 2—ESTABLISHMENT OF WATER SUPPLY AREA AND BOARD ˙ Water supply area established 2. The area within the boundaries shown on the plan in schedule 1 of the notice in the schedule is established as the Kelsey Creek Water Supply Area (the “area” ). ˙ Board established 3. The Kelsey Creek Water Board (the “board” ) is established for the area.

s4 4 s5 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 † PART 3—COMPOSITION OF BOARD ˙ Composition of board 4. The board consists of the following members— (a) a person nominated by the Proserpine Canegrowers’ Executive and appointed by the Governor in Council; (b) a person nominated by the chief executive and appointed by the Governor in Council; (c) 3 qualified persons 1 elected by the ratepayers. 2 † PART 4—ELECTION OF BOARD MEMBERS † Division 1—Returning officer ˙ Returning officer 5.(1) The returning officer for an election of board members is an appropriate person appointed by— (a) for the first election—the chief executive; and (b) for a subsequent election—the board. (2) The returning officer— (a) must conduct an election in the way stated in this part; and 1 Under section 136 of the Act, a person is qualified to be elected to the board only if the person is an owner, part owner or occupier of land in the area or lives in the area. If the person is a body corporate, an individual nominated by it is the person qualified to be elected. 2 Under section 2(1) of the Act, a “ratepayer” is a person named in the books or records of the board as a person liable to pay rates or charges made and levied under the Act.

s6 5 s6 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 (b) may take the action and give the directions the returning officer considers reasonably necessary— (i) to ensure no irregularities happen in the election; or (ii) to remedy a procedural defect that appears to the returning officer to exist in relation to the election. (3) The returning officer must not influence, or attempt to influence, the outcome of an election. Maximum penalty—40 penalty units. (4) If the returning officer is not reasonably able to perform the functions of returning officer (for example, because of illness), the returning officer must appoint someone else to act in the office while the returning officer is unable to perform the functions. (5) If the returning officer fails to appoint someone else, the appointment may be made by— (a) for the first election—the chief executive; and (b) for a subsequent election—the board. † Division 2—Pre-election procedures ˙ Roll of voters 6.(1) The returning officer must compile a roll of voters that states the full name and address of each ratepayer. (2) If 2 or more ratepayers are joint owners or occupiers, the returning officer must request them to nominate in writing an individual to represent them. (3) The returning officer must insert on the roll the name and address of— (a) the person nominated; or (b) if no-one is nominated—the owner or occupier whose name appears first in the rate book. (4) The returning officer must—

s7 6 s8 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 (a) allow a ratepayer to inspect the roll free of charge at the board’s public office premises when it is open for business; and (b) give the owner or occupier a copy of the roll, on payment of a reasonable fee. (5) A person who is a ratepayer whose name does not appear on the roll may apply in writing to the returning officer to have the person’s name included on the roll. (6) If the returning officer is satisfied the person is a ratepayer, the returning officer must insert the person’s name and address on the roll. ˙ Nominations 7.(1) The returning officer must, by written notice to each ratepayer, call for nominations of qualified persons for election to the board. (2) The notice must state— (a) the day and time (at least 14 days after the notice is given) when nominations close; and (b) the day (at least 7 days after nominations close) when voting material will be given to ratepayers if a ballot is necessary. (3) A nomination must be— (a) written; and (a) signed by the candidate and 2 other ratepayers; and (c) given to the returning officer before nominations close. (4) A candidate may withdraw a nomination by written notice to the returning officer no later than 1 hour before nominations close. ˙ When ballot must be held 8.(1) If, after nominations have closed, the number of candidates is not more than the number to be elected— (a) the returning officer must declare the candidates elected to the board; and

s9 7 s9 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 (b) any office that has not been filled may be filled by the Governor in Council under section 134 of the Act. 3 (2) However, if the number of candidates is more than the number to be elected, the returning officer must conduct a secret ballot. (3) Failure to comply with sections 9, 10, 13, 15, 16 and 18 does not affect the validity of a ballot. 4 ˙ Preparing ballot papers 9.(1) A ballot paper must— (a) be made of paper that will hide a vote marked on it from view when it is folded once; and (b) list the names of each candidate for election once, with the surname first, followed by the candidate’s other names; and (c) state how the ratepayer may vote; and (d) state the day and time the ballot starts and the day and time it ends; and (e) state that the ratepayer must fill in and sign the declaration form for the vote to be counted. (2) If 2 or more candidates have the same surname and other names, the candidates must be distinguished in an appropriate way. Example— The occupation of each candidate may be added to the ballot paper. (3) The order of names on the ballot paper must be decided by lot. 3 Section 134 of the Act (Appointment of board members) 4 Section 9 (Preparing ballot papers) Section 10 (Distributing ballot papers) Section 13 (How returning officer must deal with voting material) Section 15 (Initial scrutiny of voting material) Section 16 (Counting votes) Section 18 (Declaring election result)

s 10 8 s 11 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 ˙ Distributing voting material 10.(1) The returning officer must give the following things (the “voting material” ) to each ratepayer— (a) a ballot paper initialled by the returning officer; (b) a ballot envelope; (c) a declaration form stating ‘I certify that I am the person to whom this voting material has been given and I have voted on the ballot paper enclosed.’; (d) a return envelope addressed to the returning officer. (2) The voting material must be given no more than 7 days after nominations close to arrive, if practicable, no later than the last working day before the ballot starts. (3) If a ratepayer gives the returning officer written notice that the ratepayer will be absent from the address stated on the roll when voting material is to be given, the returning officer must give the ratepayer the material at the other address (if any) stated in the notice. (4) Before giving voting material to a ratepayer, the returning officer must mark a ballot number on— (a) the roll against the ratepayer’s name; and (b) the declaration form; and (c) the return envelope. (5) The ballot numbers must start with a number chosen by the returning officer. (6) After giving the voting material, the returning officer must obtain a lockable ballot box and keys and keep them in a safe place. ˙ How long ballot is open 11. The ballot must remain open for at least 14 days.

s 12 9 s 13 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 ˙ How to vote 12.(1) A ratepayer may vote only once in each election. (2) A ratepayer may vote by completing the following steps— (a) writing a tick or a cross in the squares opposite the names of up to 3 candidates on the ballot paper; (b) putting the ballot paper in the ballot envelope; (c) sealing the ballot envelope; (d) filling in and signing the declaration; (e) putting the declaration and the ballot envelope in the return envelope; (f) sealing the return envelope; (g) returning the return envelope to the returning officer before voting closes by— (i) posting it to the returning officer; or (ii) putting it in the ballot box. (3) The returning officer must provide a ratepayer who wishes to vote at a polling booth with an unoccupied voting compartment in which to vote in private. (4) If a ratepayer satisfies the returning officer that voting material given to the ratepayer has been lost, stolen or destroyed, the returning officer must give the ratepayer duplicate voting material. ˙ How returning officer must deal with voting material 13.(1) The returning officer must put each return envelope received before voting closes into the ballot box. (2) If the returning officer receives a return envelope after voting closes, the returning officer must— (a) mark the envelope ‘Received by the returning officer after voting closed’; and

s 14 10 s 15 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 (b) keep it separate from return envelopes received before voting closed. ˙ Scrutiny 14.(1) Before voting closes, the returning officer must give each candidate written notice of when and where votes are to be collected, examined and counted. (2) A candidate may appoint 1 scrutineer to observe, with or without the candidate, the collection, examination and counting of votes. (3) The candidate must give the returning officer written notice of the appointment. (4) When arriving on the day and place for the collection, examination and counting, a scrutineer must show the returning officer a copy of the notice of appointment or other suitable identification. (5) The failure of a candidate or scrutineer to attend the scrutiny of votes does not affect the validity of the election. ˙ Initial scrutiny of voting material 15.(1) As soon as possible after voting closes, the returning officer must— (a) take the ballot box to the place notified to the candidates as the place where votes are to be counted; and (b) deal with the votes in the way stated in this section in the presence of the candidates or scrutineers at the place. (2) The returning officer must— (a) open each return envelope; and (b) take the declaration and ballot envelope out of the return envelope. (3) If the returning officer is satisfied— (a) the ballot number on the declaration corresponds with the ballot number marked beside the name of a ratepayer on the roll; and (b) the person who filled in and signed the declaration is—

s 16 11 s 17 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 (i) the ratepayer to whom the declaration was given; or (ii) a ratepayer who has not previously voted in the election and has a reasonable explanation for using someone else’s voting material; the returning officer must then put the declaration and the ballot envelope into separate containers. (4) If subsection (3)(b) applies, the returning officer must— (a) note the acceptance of the explanation on the declaration; and (b) record the correct ballot number on the roll against the name of the ratepayer who signed the declaration. (5) If the returning officer is not satisfied about a matter mentioned in subsection (3)(a) or (b), the returning officer must keep the unsatisfactory voting material separate from the satisfactory voting material. (6) The returning officer must then mark off the ratepayer’s name on the roll. ˙ Counting votes 16.(1) After separating the declaration forms and ballot envelopes, the returning officer must do the following in order— (a) seal the container holding declaration forms; (b) open the ballot envelopes; (c) take the ballot papers out of the ballot envelopes; (d) examine the ballot papers for votes; (e) count the votes. (2) The returning officer must not include an informal vote in the count. (3) A vote is not informal if the ratepayer’s intention is clear. ˙ What happens if votes for 2 or more candidates are equal 17. If the votes for 2 or more candidates are equal, the candidate elected must be decided by lots drawn by the returning officer.

s 18 12 s 20 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 ˙ Declaring election result 18.(1) The returning officer must give each candidate a signed declaration of the result of the election. (2) If the election involved a ballot, the declaration must state the following— (a) how many ratepayers were on the roll when voting closed; (b) how many ballot papers were printed; (c) how many ballot papers were issued; (d) how many duplicate ballot papers were issued; (e) how many ballot papers were returned; (f) how many ballot papers were returned as unclaimed mail; (g) how many ballot papers were not returned; (h) how many ballot papers were rejected during scrutiny and the reasons for rejection; (i) how many ballot papers were counted; (j) the percentage of ratepayers who voted. Examples of reasons for rejection mentioned in paragraph (h) — 1. The declaration form was not returned. 2. The ratepayer did not sign the declaration form. (3) A scrutineer may countersign the declaration. ˙ Term of office of elected board members 19. An elected board member holds office for 3 years. ˙ Filling casual vacancies 20.(1) If a casual vacancy arises in the office of an elected board member, the office must be filled by the election of someone else under this

s 21 13 s 23 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 part. 5 (2) However, the person elected to fill the vacancy holds office only for the rest of the term of the office that became vacant. ˙ Re-electing members 21. An elected member is eligible for re-election, unless the member is disqualified from becoming a member. 6 † PART 5—BOARD’S AUTHORISED WORKS ˙ Board’s authorised works 22. The board’s authorised works are stated in sections 7 and 8 of the notice in the schedule. † PART 6—PROPOSAL EFFECTED ˙ Proposal effected by regulation 23. This regulation gives effect to the proposal contained in the notice in the schedule. 5 Under the Acts Interpretation Act 1954 , section 25(1)(b), the power of the Governor in Council to appoint a member who is not elected includes a power to appoint someone else if the member’s office becomes vacant. 6 Under the Acts Interpretation Act 1954 , section 25(1)(c), the power of the Governor in Council to appoint a member who is not elected includes a power to reappoint if the member is eligible to be appointed. Section 141 of the Act deals with the disqualification for board membership.

14 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 ¡ SCHEDULE † KELSEY CREEK WATER SUPPLY AREA AND WATER BOARD (PROPOSED CONSTITUTION) NOTICE (No. 1) 1995 sections 2, 22 and 23 Water Resources Act 1989 KELSEY CREEK WATER SUPPLY AREA AND WATER BOARD (PROPOSED CONSTITUTION) NOTICE (NO. 1) 1995 TABLE OF PROVISIONS Section Page 1. Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3. Constitution of the water supply area and board . . . . . . . . . . . . . . . . 1 4. Inspection or purchase of water supply area boundary plan . . . . . . . 2 5. Composition of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6. Purposes of constitution of water supply area and board . . . . . . . . . . 3 7. Works to be undertaken by Primary Industries Corporation . . . . . . . 3 8. Works to be undertaken by the board . . . . . . . . . . . . . . . . . . . . . . . . 3 9. Land resumptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 10. Estimated cost of the proposed scheme . . . . . . . . . . . . . . . . . . . . . . . 4 11. Proposed means of defraying costs . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12. Right of board to divert water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13. Land holders’ authority to take water . . . . . . . . . . . . . . . . . . . . . . . . . 5

15 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) 14. Objections to proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9 Short Title 1. This notification may be cited as the Kelsey Creek Water Supply Area and Water Board (Proposed Constitution) Notice (No. 1) 1995 . Commencement 2. This notification commences on the day it is published in the Gazette. Constitution of the water supply area and board 3.(1) Under the Water Resources Act 1989 , it is proposed that the Governor in Council, by regulation— (a) constitute that part of Queensland shown on the proposed water supply area boundary plan in Schedule 1 as a water supply area; and (b) constitute a board for that water supply area. (2) The name proposed to be assigned to the water supply area is the Kelsey Creek Water Supply Area (the “water supply area”). (3) The name proposed to be assigned to the board is the Kelsey Creek Water Board (the “board”). Inspection or purchase of water supply area boundary plan 4. The proposed water supply area boundary plan referred to in subsection 3(1)(a) may be inspected at, or a copy of the plan may be purchased from—

16 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) (a) Department of Primary Industries Water Resources 41 George Street BRISBANE QLD 4000; or (b) Department of Primary Industries Water Resources Street Address: District Manager Tennyson Street PO Box 668 MACKAY Q 4740 MACKAY QLD 4740; or (c) Canegrowers’ Proserpine PO Box 374 PROSERPINE QLD 4800 Composition of the board 5. It is proposed that the board consist of 5 members of which— (a) 3 members are to be elected by ratepayers of the board; and (b) 2 members are to be appointed by Governor in Council, one member being nominated by the Proserpine Canegrowers’ Executive and the other by the Department of Primary Industries. Purposes of constitution of water supply area and board 6. The water supply area and board are to be constituted for the purposes of— (a) acquiring a water supply from Peter Faust Dam and distributing it to properties in the water supply area by means of a pipeline, earth channel and through Spring, La Di Da, Kelsey and Lethebrook Creeks; and (b) the provision of water to properties within the water supply area for irrigation and stock watering; and

17 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) (c) ensuring the construction and continued operation and maintenance of the works in accordance with the Kelsey Creek environmental management plan 1 (“the environmental management plan”); (d) the provision of agricultural drainage as required. Works to be undertaken by Primary Industries Corporation 7.(1) It is intended that the Primary Industries Corporation (the “Corporation”) undertake the following works the locations of which are shown on the proposed boundary plan in Schedule 1— (a) the construction of a pipeline from the outlet works at the Peter Faust Dam to an open channel at a point approximately 1.9 kilometres to the east which will consist of approximately— (i) 1685 metres of 1200 millimetres diameter reinforced concrete pipeline; and (ii) 180 metres of cement lined steel pipeline; and (b) the construction of a channel system of approximately 7.7 kilometres of clay lined earth channel, siphon, associated cross drainage structures, farm accesses, road accesses and metered offtakes. (2) The Corporation will retain ownership of the pipeline referred to in subsection (1)(a) above. Works to be undertaken by the board 8. It is intended that the board will carry out the following ancillary works— (a) improvements necessary to facilitate the efficient management 1 A copy of the Kelsey Creek Environmental Management Plan may be inspected free of charge at Department of Primary Industries, Water Resources, 41 George Street, Brisbane or Tennyson Street, Mackay.

18 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) and control of water releases by the board into Spring, La Di Da, Kelsey and Lethebrook Creeks which must be undertaken in accordance with plans approved by the chief executive of the Corporation, and in compliance with the requirements of the environmental management plan; and. (b) installation of water meters to measure the volume of water diverted from: (i) the board’s works; or (ii) the watercourses mentioned in section 6(a) to land described in column 2 of schedule 2; and (c) establishment of a ground water monitoring network and the installation of drainage works as required to control ground water levels. Land resumptions 9.(1) It is intended that the Corporation will acquire land necessary for the construction of the pipeline and earth channel referred to in section 7. (2) Land to be acquired is in respect of parts of the following— Lot 41 on RP 744466 Lot 1 on RP 729919 Lot 3 on RP 742871 Lot 4 on RP 742871 Lot 133 on HR 460 Lot 89 on HR 804261. (3) Land resumed for the construction of the open channel referred to in section 7(1)(b) will be transferred to the board subsequent to the construction of the channel and constitution of the board.

19 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) Estimated cost of the proposed scheme 10.(1) The estimated costs of the proposed scheme are— (a) establishment of the scheme and construction of works $8.3 million (b) a once only capital charge for the allocation of water from Peter Faust Dam to the board $1.0 million Total $9.3 million (2) It is anticipated that the funds to meet the estimated capital cost of the proposed scheme referred to in subsection (1) above will be obtained from the following sources— (a) contribution by Proserpine Co-operative Sugar Mill $0.6 million (maximum) (b) Queensland Treasury Corporation loan $2.87 million (maximum) (c) Queensland Government contribution $5.83 million Total $9.3 million (3) The contribution of the Proserpine Cooperative Sugar Milling Association Limited referred to in subsection (2)(a) above shall not in any case exceed 6.45% of the actual total cost of the proposed works. (4) The capital contribution by benefiting property owners is reflected in subsection (2)(b) above and shall not exceed 30.86% of the actual total cost of the proposed works. Proposed means of defraying costs 11.(1) It is proposed to levy rates on the property described in column 2 of schedule 2 including— (a) a charge of approximately $30 per megalitre to meet interest and redemption payments on the loan to be imposed on each benefited property described in column 2 of schedule 2 based on

20 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) the property allocation shown in column 3 opposite the property description; and (b) a charge of approximately $6 per megalitre based on the annual property allocation shown in column 3 of schedule 2 to cover operation, maintenance and administration costs of the scheme; and (c) water charges at the approximate rate of $11 per megalitre to cover the cost of water supplied by the board from Peter Faust Dam. However a minimum charge of 75% of the property allocation referred to in column 3 of schedule 2 may be applied where less than 75% of the allocation is used. (2) Any losses involved in diverting water from Peter Faust Dam to individual properties will be shared by individual landholders in proportion to the actual metered volumes of water delivered to each property described in column 2 of schedule 2. (3) The aggregate volume of water delivered to each landholder will be the sum of the actual metered volume diverted and the apportioned loss under subsection (2). If the aggregate volume is greater than the property allocation shown in column 3 of schedule 2 then the board may charge a higher rate for the volume of water that is in excess of the property allocation. (4) The aggregate volume of water delivered will be the basis for determining water charges payable to the board. Right of board to divert water 12.(1) The board is entitled to divert 10,000 megalitres of water annually from Peter Faust Dam subject to allocations announced from time to time by the chief executive of the Corporation in respect of nominal allocations for the Proserpine River Irrigation Project. (2) The maximum rate of diversion of water through the pipeline and supply channel is 2.5 cubic metres per second. (3) The board will supply irrigation water through the pipeline and

21 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) supply channel into Spring, La Di Da, Kelsey and Lethebrook Creeks. (4) The annual water charges to the board for water diverted by the board shall be the charges prescribed under the Water Resources Act 1989 for announced allocations in the Proserpine River Irrigation Project. (5) The diversion of water by the board must at all times be in compliance with the requirements of the environmental management plan. Landholders’ authority to take water 13.(1) The individual property allocations of water to be delivered by the board are shown in column 3 of schedule 2 opposite the property described in column 2. (2) The taking of property allocations from— (i) a watercourse mentioned in section 6(a) above is subject to the provisions of the Water Resources Act 1989 and the issue of a licence under Part 4 of that Act; (ii) the pipeline or channel referred to in section 7(1)(a) and (1)(b) respectively is subject to an owner or occupier of the land shown in column 2 of schedule 2 entering into written agreement with the board. (3) Individual landholders who are entitled to take water under subsection (2)(ii) will be required to provide the infrastructure necessary to access the water allocated to the relevant land as set out in schedule 2. (4) An agreement entered under subsection (2)(ii) will be subject to a clause that all water allocated within the water supply area is beneficially used. (5) Individual landholders taking water must at all times comply with the requirements of the environmental management plan.

22 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) Objections to proposal 14. Objections to the proposal contained in this notification must be— (a) in writing; and (b) lodged with the District Manager at the address specified in section 4(b) on or before 14 July 1995.

23 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) SCHEDULE 1

24 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) SCHEDULE 2 PROPERTY ALLOCATIONS TO INDIVIDUAL PROPERTIES NAME PROPERTY DESCRIPTION Borrellini PJ L1 & 3 RP719390 Cecini GP L12 H124158, L13 HR5, RL1765 Davies EE L1 RP726011 Davies CR & WJ L89 HR804261, L5032 HR2033 Davies J & Pratt WD, BI, Part of L2 RP835214 NWT, PD, DN & EA Faust P & ME Part of L2 RP735940 Faust P & ME (Lessee—Fuller SC, PS, EL) Part of L2 RP735940 Emmerson DR & SC L1 RP738598 Hadlow DG & HC L7 RP721401, L140 HR253 Hadlow RD & KD L2 & RP721072, L1 & 2 RP712241 Hadlow RS L1 RP719759, L4 RP721072, L7 RP852495 Hadlow SG L6 RP852495 Hinschen RR L29 HR151 Kay GP L1 RP703842 Lade RH & MJ L1 RP720571, L3 RP731139, L19 HR256 PROPERTY ALLOCATION MEGALITRES PER ANNUM 194 230 5 200 989 396 200 116 447 317 317 201 176 220 300

25 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) Lee DJ L5 HR1514, L146 HR253, L2 RP719390, L28 HR151, L162 HR1412, L609 H 12457 Lee EF L2 HR989 Lee EM L4 & 5 RP31139, L2 RP720571 Lee GC L1 RP733412, L2 RP742401, L51 and 53 HR245, RL7369, L3 H124141, L139 HR933, L6 RP35925 Linneweber FP & DL L2 RP729919 Linthwaite DS & NM L132 HR460, L2 RP713576, L1 RP714321 Lorraway TD & LM L38 & 39 HR245 Mason NK & EM Part of L2 RP734157 Madeo R & D L4 H124178, L37 HR157, L1 RP742401, L6 RP852658, L1 & 2 HR1506, RL6437 Spoor, PR & LS L1 RP729919, L32 HR907 Thorogood GCE & Perkins L2 & 3 RP732021, L4 RP738615, KW, RJ L23 HR200 Thorogood LJ & KF L36 HR668, L6 H124147, L1–4 RP709925, RL904, RL4680 Tonks CJ L5 & 6 RP733740, L2 RP703842, L1, 2 & 4 RP726019, L2 RP726037 Tonks CJ & Wilson DJ L4 RP807975 Valmadre DJ L2 RP720570 Valmadre JPV, DE, G, JW L1 RP749210, L2 HR1719, L1 RP721085, L3 RP721085, L15 H124155, RL 1820 Total 445 217 240 396 200 45 50 6 593 372 317 495 514 200 415 1,187 10,000

26 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SCHEDULE (continued) ENDNOTES 1. Made by the Chief Executive on 9 May, 1995. 2. Published in the Gazette on 12 May, 1995. 3. Not required to be laid before the Legislative Assembly. 4. The administering agency is the Department of Primary Industries.

27 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 † ENDNOTES ´ 1 Index to endnotes page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

28 Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 ´ 4 List of legislation Water Resources (Kelsey Creek Water Supply Area and Board) Regulation 1995 SL No. 397 notfd gaz 22 December 1995 pp 1672–6 commenced on date of notification © State of Queensland 1996