Environmental Protection (Water) Policy 2009

1Short title

This policy may be cited as the Environmental Protection (Water) Policy 2009.

2Definitions

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

3Application of policy

This policy applies to all Queensland waters.

4Purpose of policy

The purpose of this policy is to achieve the object of the Act in relation to Queensland waters.

Note—

See section 3 of the Act.

5How purpose of policy is achieved

The purpose of this policy is achieved by—

(a)identifying environmental values and management goals for Queensland waters; and

(b)stating water quality guidelines and water quality objectives to enhance or protect the environmental values; and

(c)providing a framework for making consistent, equitable and informed decisions about Queensland waters; and

(d)monitoring and reporting on the condition of Queensland waters.

6Environmental values to be enhanced or protected

(1)The environmental values of waters to be enhanced or protected under this policy are—

(a)for water mentioned in schedule 1, column 1—the environmental values stated in the document opposite the water in schedule 1, column 2; or

(b)for other water—the environmental values stated in subsection (2).

(2)For subsection (1)(b), the environmental values are as follows—

(a)for high ecological value waters—the biological integrity of an aquatic ecosystem that is effectively unmodified or highly valued;

(b)for slightly disturbed waters—the biological integrity of an aquatic ecosystem that has effectively unmodified biological indicators, but slightly modified physical, chemical or other indicators;

(c)for moderately disturbed waters—the biological integrity of an aquatic ecosystem that is adversely affected by human activity to a relatively small but measurable degree;

(d)for highly disturbed waters—the biological integrity of an aquatic ecosystem that is measurably degraded and of lower ecological value than waters mentioned in paragraphs (a) to (c);

(e)for waters that may be used for producing aquatic foods for human consumption—the suitability of the water for producing the foods for human consumption;

(f)for waters that may be used for aquaculture—the suitability of the water for aquacultural use;

(g)for waters that may be used for agricultural purposes—the suitability of the water for agricultural purposes;

(h)for waters that may be used for recreation or aesthetic purposes, the suitability of the water for—

(i)primary recreational use; or

(ii)secondary recreational use; or

(iii)visual recreational use;

(i)for waters that may be used for drinking water—the suitability of the water for supply as drinking water;

(j)for waters that may be used for industrial purposes—the suitability of the water for industrial use;

(k)the cultural and spiritual values of the water.

(3)In this section—

cultural and spiritual values, of water, means its aesthetic, historical, scientific, social or other significance, to the present generation or past or future generations.

primary recreational use, of water, means full body contact with the water, including, for example, diving, swimming, surfing, waterskiing and windsurfing.

secondary recreational use, of water, means contact other than full body contact with the water, including, for example, boating and fishing.

visual recreational use, of water, means viewing the water without contact with it.

s 6 amd 2010 SL No. 185s 3

7Indicators and water quality guidelines for environmental values

(1)An indicator for an environmental value is a physical, chemical, biological or other property that can be measured or decided in a quantitative way.

Examples—

•The concentration of nutrients and pH value are types of chemical indicators.

•Secchi disc clarity is a type of physical indicator.

•Seagrass depth range, macro-invertebrate family richness and percentage of exotic fish are types of biological indicators.

(2)Water quality guidelines are quantitative measures or statements for indicators, including contaminant concentration or sustainable load measures of water, that protect a stated environmental value.

(3)For particular water, the indicators and water quality guidelines for an environmental value are—

(a)decided using the following documents—

(i)site specific documents for the water;

(ii)the QWQ guidelines;

(iii)the AWQ guidelines;

(iv)other relevant documents published by a recognised entity; and

(b)for water mentioned in schedule 1, column 1—the indicators stated in the document opposite the water in schedule 1, column 2.

(4)To the extent of any inconsistency between the documents mentioned in subsection (3)(a) for a particular water quality guideline, the documents are to be used in the order in which they are listed in that subsection.

(5)In this section—

sustainable load measure, of water, means the maximum concentration of contaminants the water can accommodate while achieving the water quality objectives for the water.

8When environmental values are protected

For this policy, the environmental values for particular water are protected if the measures for all indicators do not exceed the water quality guidelines stated for the indicators.

9Management goals

The management goals for water mentioned in schedule 1, column 1 are the goals, if any, stated in the document opposite the water in schedule 1, column 2.

Examples of management goals—

•to maintain an area, composition and condition of seagrass beds, reefs or mangroves

•to maintain a stated level of diversity of fish species

10Water quality objectives

(1)The water quality objectives for water mentioned in schedule 1, column 1 are—

(a)the objectives stated in the document opposite the water in schedule 1, column 2; or

(b)if water quality objectives for the water are not stated in the document—the set of water quality guidelines that will protect all environmental values stated in the document.

(2)The water quality objectives for water not mentioned in schedule 1, column 1 are the set of water quality guidelines for all indicators that will protect all environmental values for the water.

(3)However, water quality objectives do not apply to—

(a)water in swimming pools; and

(b)drinking water in a domestic water supply system, including, for example, water in a local government or privately owned water supply system; and

(c)waste water in a storage including, for example, a sewage lagoon, mine tailings dam, irrigation tailwater dam and piggery or dairy waste water pond; and

(d)water in a pond used for aquaculture; and

(e)water in a stormwater treatment system.

11Identifying environmental values etc. for waters

(1)This section applies to water not mentioned in schedule 1, column 1.

(2)For developing a document about particular water for inclusion in schedule 1, the chief executive may, in cooperation with the chief executive (fisheries), identify—

(a)the environmental values to be protected for the water; and

(b)the water quality objectives for the water; and

(c)ways to improve the quality of the water.

(3)In identifying the matters mentioned in subsection (2), the chief executive must ensure there has been—

(a)consultation with the community, including industry and commerce sectors; and

(b)consideration of the economic and social impacts of protecting environmental values for the water.

(4)Also, the chief executive may identify water quality objectives for the water that provide a lower level of protection of the environmental values for the water than the water quality guidelines mentioned in section 10(2) only if—

(a)the adoption of the water quality guidelines would involve unacceptable economic or social impacts on the community; and

(b)the water quality objectives are an improvement on existing water quality.

12Amending waters in sch 1

(1)The chief executive may replace a document stated in schedule 1, column 2 for particular water only if—

(a)there has been consultation with the community, including industry and commerce sectors; and

(b)the chief executive has considered the economic and social impacts of protecting environmental values for the water.

(2)However, subsection (1) does not apply to a replacement document if—

(a)the purpose of the replacement is only to correct a minor error, or make another change that is not a change of substance; or

(b)the document being replaced states that an amendment of a stated type may be made to the document under this subsection, and the purpose of the replacement is only to make an amendment of the stated type.

13Management hierarchy for surface or ground water

(1)This section states the management hierarchy for an activity that may affect water.

Note—

See the Environmental Protection Regulation 2008, section 51.

(2)To the extent it is reasonable to do so, release of waste water or contaminants to waters must be dealt with using the following hierarchy of preferred procedures—

(a)step 1—evaluate water conservation measures to reduce the use of water and the production of waste water or contaminants;

(b)step 2—evaluate waste prevention options and implement appropriate waste prevention measures;

(c)step 3—if waste prevention does not, or is not likely to, eliminate the release of waste water or contaminants to waters, evaluate treatment and recycling options and implement appropriate treatment and recycling;

(d)step 4—if treatment and recycling does not, or is not likely to, eliminate the release of waste water or contaminants to waters, evaluate the following options for waste water or contaminants, in the order in which they are listed—

(i)appropriate treatment and release to a waste facility or sewer;

(ii)appropriate treatment and release to land;

(iii)appropriate treatment and release to surface waters or ground waters.

(3)In this section—

appropriate treatment, of waste water or contaminants, means—

(a)for release to a sewerage service provider’s waste facility or sewer—treatment that meets the service provider’s requirements for the release to the waste facility or sewer; or

(b)for release to land—treatment that ensures the release to land is ecologically sustainable; or

(c)for release to surface waters or ground waters—treatment that ensures the release will not affect the environmental values for the waters.

waste facility means a facility for the recycling, reprocessing, treatment, storage, incineration, conversion to energy or disposal of waste.

14Management intent for waters

(1)This section states the management intent for waters subject to an activity that involves the release of waste water or contaminants to the waters.

Note—

See the Environmental Protection Regulation 2008, section 51.

(2)It is the management intent for the waters that the decision to release the waste water or contaminant must ensure the following—

(a)for high ecological value waters—the measures for the indicators for all environmental values are maintained;

(b)for slightly disturbed waters—the measures for the slightly modified physical or chemical indicators are progressively improved to achieve the water quality objectives for high ecological value water;

(c)for moderately disturbed waters—

(i)if the measures for indicators of the environmental values achieve the water quality objectives for the water—the measures for the indicators are maintained at levels that achieve the water quality objectives for the water; or

(ii)if the measures for indicators of the environmental values do not achieve the water quality objectives for the water—the measures for indicators of the environmental values are improved to achieve the water quality objectives for the water;

(d)for highly disturbed waters—the measures for the indicators of all environmental values are progressively improved to achieve the water quality objectives for the water.

pt hdg sub 2013 SL No. 272 s 3

pt 6 div 1 hdg om 2013 SL No. 272 s 4

pt 6 div 2 hdg om 2013 SL No. 272 s 4

pt 6 div 3 hdg om 2013 SL No. 272 s 5

24Healthy waters management plans

(1)The chief executive may, in cooperation with the chief executive (fisheries), develop and implement an environmental plan about water (a healthy waters management plan) to decide ways to improve the quality of the water.

(2)Also, a recognised entity, in cooperation with the chief executive, may develop and implement a healthy waters management plan.

(3)A healthy waters management plan for water must—

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

(b)include an assessment of the following for the water—

(i)any threats to water-dependent ecosystems;

(ii)any matters that may adversely affect the use of the water as a supply of drinking water;

(iii)any matters that may adversely affect the natural flows of the water; and

(c)if environmental values and water quality objectives for the water are stated in a document mentioned in schedule 1, column 2—include the environmental values and water quality objectives; and

(d)if environmental values and water quality objectives have not been established for the water—include proposed environmental values, management goals and water quality guidelines for the water; and

(e)if a water plan under the Water Act 2000 applies to the water—include the environmental flow objectives for the plan and ecological outcomes stated in the plan for the water; and

(f)identify ways to protect the environmental values for the water, and to monitor and assess the effectiveness of the protection.

(4)In developing and implementing the plan, the chief executive or entity must have regard to any guidelines published by the department about healthy waters management plans.

s 24 amd 2014 Act No. 64 s 254 sch 1

25Community awareness and involvement

(1)This section applies if the chief executive decides to develop and implement a plan to—

(a)raise community awareness of issues about water quality; and

(b)involve the community in water quality management.

(2)The chief executive must consider including in the plan—

(a)a description of the issues about water quality; and

(b)ways to raise community awareness and understanding about water quality policy, planning and management; and

(c)ways to improve levels of community consultation in relation to water quality management, including consultation carried out under this policy; and

(d)ways to better inform the community of issues about water quality management.

26Ambient monitoring

(1)If the chief executive carries out a program of ambient monitoring of waters to assess the state of Queensland waters, the chief executive must—

(a)carry out the monitoring under—

(i)the document called ‘Monitoring and Sampling Manual 2009’ published by the department; and

(ii)the AWQ guidelines; and

Editor’s note—

The document called ‘Monitoring and Sampling Manual 2009’ may be inspected at the department’s office at level 3, 400 George Street, Brisbane and on the department’s website at <www.ehp.qld.gov.au>.

(b)publish the results of the monitoring on the department’s website; and

(c)prepare a report about the results of the monitoring.

(2)To the extent of any inconsistency between the documents mentioned in subsection (1)(a), the document mentioned in subsection (1)(a)(i) prevails.

(3)If practicable, a comparison of ambient monitoring results with the water quality objectives for, and freshwater flows to, the water during the time of the monitoring must be included in the report.

(4)For a report prepared under this section, if the measure of an indicator does not comply with a water quality guideline because of a natural property of the water, the measure of the indicator is taken to comply with the water quality guideline.

(5)If the results of monitoring show the water quality objectives for the water have not been met, the chief executive may investigate the reasons why the water fails to meet the water quality objectives.

27Operation of sch 1

The boundaries of water mentioned in schedule 1, column 1 are the boundaries identified in the document stated opposite the water in schedule 1, column 2.

Editor’s note—

A document mentioned in schedule 1 may be inspected at the department’s office at level 3, 400 George Street, Brisbane and on the department’s website at <www.ehp.qld.gov.au>.

28Repeal

The Environmental Protection (Water) Policy 1997, SL No. 136 is repealed.

29Definitions for div 2

In this division—

commencement means the day this section commences.

repealed policy means the repealed Environmental Protection (Water) Policy 1997.

30Effect of particular environmental plans

(1)This section applies if—

(a)a local government must, under this policy, develop and implement a total water cycle management plan; and

(b)on the commencement, the local government has any of the following plans developed under the repealed policy—

(i)an environmental plan about sewage management;

(ii)an environmental plan about stormwater quality management; and

(c)the plans mentioned in paragraph (b) comply with the requirements under this policy for a part of a total water cycle management plan.

(2)The local government’s plan developed under the repealed policy is taken to be a plan to which section 18 applies.

31Effect of trade waste management plan

(1)This section applies if—

(a)a local government must, under this policy, develop and implement an environmental plan about trade waste management; and

(b)on the commencement, the local government has an environmental plan about trade waste management developed under the repealed policy; and

(c)the plan mentioned in paragraph (b) complies with the requirements of this policy for an environmental plan about trade waste management.

(2)The local government’s plan about trade waste management developed under the repealed policy is taken to be a plan about trade waste management under section 22.

32Application of ss 16 and 17 to particular local governments

(1)This section applies to a local government required to develop and implement a total water cycle management plan under 19(1)(b).

(2)Sections 16 and 17 apply to the local government as if the references in the sections to the commencement of this policy were a reference to the day the local government was advised by the chief executive about the requirement under section 19(5).

33References to repealed policy

In an Act or document, a reference to the repealed policy may, if the context permits, be taken as a reference to this policy.

sections 6 and 10

section 2

ambient monitoring, of water, includes assessing, analysing, examining, inspecting, measuring or reporting on the following—

(a)the quantity, quality and characteristics of water;

(b)the effectiveness of control, remedial or rehabilitation measures on the matters mentioned in paragraph (a).

aquatic ecosystem means a community of organisms living within or adjacent to water, including riparian or foreshore areas.

AWQ guidelines means the national guidelines made by the Commonwealth under the program known as the National Water Quality Management Strategy, published by the Natural Resource Management Ministerial Council.

basin, followed by a number, means the river basin of that number described in ‘Australia’s River Basins 1997’, 3rd edition, published by Geoscience Australia, Commonwealth of Australia, in 2004.

Editor’s note—

A map showing the river basins in Queensland can also be viewed on the department’s website at <www.ehp.qld.gov.au>.

biological integrity, of water, means the water’s ability to support and maintain a balanced, integrative, adaptive community of organisms having a species composition, diversity and functional organisation comparable to that of the natural habitat of the locality in which the water is situated.

Examples—

The following are examples of biological integrity of water—

(a)the intrinsic value of an aquatic ecosystem that is effectively unmodified or highly valued;

(b)its ability to support associated wildlife;

(c)its ability to produce food for human consumption.

chief executive (fisheries) means the chief executive of the department in which the Fisheries Act 1994 is administered.

commencement see section 29.

contaminated stormwater means stormwater that contains a contaminant.

distributor-retailer see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, schedule.

def distributor-retailer ins 2010 SL No. 185 s 10

environmental values means the environmental values mentioned in section 6.

ground water means water that occurs naturally in, or is introduced artificially into, an aquifer.

healthy waters management plan see section 24(1).

high ecological value waters means waters in which the biological integrity of the water is effectively unmodified or highly valued.

highly disturbed waters means waters that are significantly degraded by human activity and have lower ecological value than high ecological value waters or slightly or moderately disturbed waters.

indicator see section 7(1).

moderately disturbed waters means waters in which the biological integrity of the water is adversely affected by human activity to a relatively small but measurable degree.

participating local governments, for a distributor-retailer, see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 5.

def participating local governments ins 2010 SL No. 185 s 10

Queensland regional NRM body means a Queensland regional natural resource management body under the Commonwealth program known as ‘Caring for Our Country’.

QWQ guidelines means the document called ‘Queensland water quality guidelines 2009’ published by the department.

Editor’s note—

A copy of the guidelines may be inspected at the department’s office at level 3, 400 George Street, Brisbane and on the department’s website at <www.ehp.qld.gov.au>.

recognised entity means—

(a)a local government; or

(b)a public sector unit; or

(c)an agency of the Commonwealth or another State, however called, with similar functions to the functions of the chief executive under this policy; or

(d)a ministerial council established by the Council of Australian Governments; or

(e)the Commonwealth Scientific and Industrial Research Organisation; or

(f)a research centre completely or partly funded by the Commonwealth; or

(g)an Australian university; or

(h)a Queensland regional NRM body; or

(i)Healthy Waterways Limited ACN 137 943 554.

recycling, of waste water, means—

(a)re-using the waste water in the process that generated it; or

(b)re-processing the waste water to develop a new product; or

(c)using the waste water (whether on or off the site where it is generated).

repealed policy see section 29.

sewerage service means—

(a)sewage treatment; or

(b)the collection and transmission of sewage through infrastructure; or

(c)the disposal of sewage or effluent.

sewerage service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3.

site specific document means a document that—

(a)contains specific information about a water, or part of a water; and

(b)is recognised by the chief executive as having appropriate scientific authority.

slightly disturbed waters means waters that have the biological integrity of high ecological value waters with slightly modified physical or chemical indicators but effectively unmodified biological indicators.

stormwater treatment system means a system used for managing stormwater quality, quantity and flows.

surface waters means waters other than ground waters.

total water cycle management plan ...

def total water cycle management plan om 2013 SL No. 272 s 6

trade waste ...

def trade waste om 2013 SL No. 272 s 6

waste prevention means the adoption of practices or processes that avoid generating waste or reduce the quantity of waste requiring subsequent treatment, recycling or disposal.

waste water means aqueous waste, and includes contaminated stormwater.

waste water treatment plant includes a sewage treatment plant, advanced waste water treatment plant, water reclamation plant, industrial waste water treatment system and any other plant whose primary function is to treat waste water.

water quality guidelines see section 7(2).

water quality objectives, for water, are the objectives identified under section 10 for protecting the environmental values for the water.

waters includes the bed and banks of waters.

water sensitive urban design means urban planning or design that integrates water cycle management.