Water Act 2000Water Regulation 2016Part 1PreliminaryDivision 1Introduction1Short titleThis regulation may be cited as the Water Regulation 2016.2CommencementThis regulation commences on the commencement of the Water Reform and Other Legislation Amendment Act 2014, section 68.3DefinitionsThe dictionary in schedule 19 defines particular words used in this regulation.Division 2Watercourse identification and outer bank locationSubdivision 1Preliminary4Purpose of divisionThe purpose of this division is to support the application of the provisions of the Act relating to the identification of watercourses and establishing the location of outer banks of watercourses.5Meaning of terms used in division(1)If a term used in this division is defined in chapter 1, part 2 of the Act, or in schedule 4 of the Act to the extent it supports the operation of chapter 1, part 2 of the Act, the term has the same meaning in this division and in schedule 1.(2)However, a reference to a watercourse is not intended to be limited in the way provided for in section 5(4) of the Act.Subdivision 2Supporting provisions6Diagram depicting different valley reachesDiagram A in schedule 1, part 1 depicts in overview the upper, middle and lower valley reaches of a valley drained by a typical watercourse.7Explanations and accompanying cross-section diagrams for typical upper valley reachSchedule 1, part 2—

(a)gives an explanation of the characteristics of a typical upper valley reach and associated watercourse; and

(b)includes a diagram (diagram B) in cross-section form that depicts the natural features that are likely to be found in a typical upper valley reach; and

(c)includes a diagram (diagram C) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in an upper valley reach and that can help in locating outer banks.

8Explanations and accompanying cross-section diagrams for typical middle valley reachSchedule 1, part 3—

(a)gives an explanation of the characteristics of a typical middle valley reach and associated watercourse; and

(b)includes a diagram (diagram D) in cross-section form that depicts the natural features that are likely to be found in a typical middle valley reach; and

(c)includes a diagram (diagram E) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a middle valley reach and that can help in locating outer banks.

9Explanations and accompanying cross-section diagrams for typical lower valley reach(1)Schedule 1, part 4—

(a)gives an explanation of the characteristics of a typical lower valley reach and associated watercourse; and

(b)includes a diagram (diagram F) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach; and

(c)includes a diagram (diagram G) in cross-section form that depicts the natural features that are likely to be found in a typical watercourse in a lower valley reach and that can help in locating outer banks.

(2)Schedule 1, part 4 also includes—

(a)a diagram (diagram H) in cross-section form that depicts the natural features that are likely to be found in a typical lower valley reach where 2 or more watercourses in the form of anabranches are contained within the valley; and

(b)a diagram (diagram I) in cross-section form that depicts the natural features that are likely to be found in typical watercourses in a lower valley reach where the valley contains 2 or more watercourses in the form of anabranches, and that can help in locating outer banks in a multiple watercourse environment.

10Additional information about applicability of cross-section diagrams(1)For any valley, a particular valley reach could contain a section of valley reach, or a section of watercourse within a section of valley reach, that is not typical, having regard to the valley reach and watercourse cross-sections depicted in schedule 1, parts 2, 3 and 4.Example—The cross-section of part of a middle valley reach of a particular watercourse might more closely resemble what is typical for an upper valley reach cross-section, and the cross-section of part of a lower valley reach of a particular watercourse might more closely resemble what is typical for a middle valley reach cross-section.(2)Accordingly, a cross-section diagram could be used to help in the location of an outer bank, regardless of the valley reach in which the section of watercourse under consideration is located.11Explanation about valley margins(1)Schedule 1 includes a number of references to valley margins.(2)A reference to a valley margin, in relation to a valley drained by a watercourse, is intended as a reference to the bedrock feature that forms a lateral extent of the valley floor.(3)A valley margin could consist of a hill, cliff, ridge or mountain, but this will generally vary according to where the valley margin is situated in the valley as a whole.Example—A valley margin in an upper valley reach could be a mountain, but in a lower valley reach, a valley margin is likely to be no higher than a ridge.12Explanation about terraces(1)Schedule 1 includes a number of references to terraces.(2)A reference to a terrace, in relation to a valley drained by a watercourse, is intended as a reference to an abandoned floodplain that is situated above an active floodplain associated with the watercourse.(3)A terrace is formed when floodplains are abandoned during down-cutting into the valley floor by base level change in the form of tectonic activity, by shifts in sediment load or by changes in the flow regime of the watercourse.Part 2Water rights and planningDivision 1Collecting information about water13Notice of works and water use—Act, s 36For section 36(3)(b) of the Act, a chief executive’s notice must state the following matters—

(a)the land to which the notice applies;

(b)the type of works required to be notified by the owner, including the purpose and size of the works;

(c)which 1 or more of the following the notice relates to—

(i)existing works;

(ii)works under construction;

(iii)on their completion, works constructed in the future;

(d)an expiry date of the notice;

(e)the proposed consultation arrangements for the notice.

Division 2Unallocated waterSubdivision 1Reserving unallocated water14Particular unallocated water reserved—Act, s 39For section 39(a) of the Act, unallocated water, that is described in schedule 2, is reserved for a part of the State or for particular water to which no water plan applies.15Public consultation(1)If the Minister proposes to reserve unallocated water, 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 location of the unallocated water; and

(b)the type of water to be reserved; and

(c)the purpose for which the water is to be reserved; and

(d)the volume of water to be reserved; and

(e)the proposed consultation arrangements; and

(f)where information about the proposed unallocated water reserve is available for public access.

Subdivision 2Processes for releasing unallocated water16Public auction, tender, fixed price sale or grant for a particular purpose—Act, ss 39 and 40This subdivision prescribes, for sections 39(b) and40(2) of the Act, the processes for releasing unallocated water by—

(a)public auction; or

(b)tender; or

(c)fixed price sale; or

(d)grant for a particular purpose.

s 16 amd 2023 SL No. 173 s 317Public notice of availability of water(1)The chief executive must publish a notice about the availability of the water by auction or tender.(2)The notice must be published before—

(a)the day the auction is held; or

(b)the start of the period in which tenders may be made.

(3)The notice must state the following—

(a)whether the water is being sold by public auction or tender;

(b)the type of water entitlement to be granted for the sale;

(c)details as follows for identifying the water—

(i)any water plan or water management protocol under which the water is available;

(ii)the purpose for which the water is available;

(d)other details, if any, sufficient to identify the water, including, for example—

(i)if the water is described in schedule 2—the water so described; and

(ii)the volume of water available to be sold; and

(iii)the location from which the water may be taken;

(e)for an auction—where and when the auction is to be held;

(f)for a tender—

(i)the day (the closing day) by which tenders must be made; and

(ii)the place where tenders must be lodged or the way tenders must be lodged electronically;

(g)where the terms of sale are available;

(h)anything else relating to the proposed sale the chief executive considers appropriate.

(4)The chief executive may publish a notice about the availability of the water by fixed price sale.18Terms of sale or grantThe chief executive may decide the terms—

(a)of a sale of water under this division; orNote—Under section 40 of the Act, the chief executive may set a price for the sale of the water.

(b)for granting water for a particular purpose under this division.

19Failure to complete purchase(1)This section applies if—

(a)a person enters into an agreement under this division to purchase water; and

(b)the person does not complete the purchase in accordance with the terms of sale.

(2)Any deposit paid by the person is forfeited to the State and the State may otherwise deal with the water under this division.20s 20 om 2019 SL No. 1 s 321Sale of water may be withdrawn(1)The chief executive may withdraw a sale under this division of all or part of the water—

(a)for a sale by auction—

(i)before the auction; or

(ii)if the water is not sold at the auction, after the auction; or

(b)for a sale by tender—before the closing day for the tender; or

(c)for a fixed price sale—before an agreement is entered into under this division for the sale.

(2)If a sale is withdrawn under subsection (1)(a) or (b), the chief executive must publish a notice about the withdrawal.Division 3Minister’s reports on water plans22Minister’s reports on water plans—Act, s 49(1)This section prescribes, for section 49(2)(a) of the Act, the times at which the Minister must prepare reports about each water plan and the matters a report must state.(2)The Minister must prepare the following reports about each water plan—

(a)an initial report within 5 years after the commencement of the plan; and

(b)a subsequent report each no more than 5 years after the previous report unless subsection (3) applies.

(3)However, if a notice under section 44(2) of the Act states, for a water plan, the matters mentioned in subsection (4), the notice is taken to be a subsequent report prepared by the Minister under subsection (2)(b) for the water plan.(4)The Minister’s report about a water plan must state the following—

(a)whether the plan is advancing the sustainable management of Queensland’s water resources;

(b)an assessment of the effectiveness of the implementation of the plan in achieving the plan’s outcomes;

(c)information on water use and authorisations in the plan area, including—

(i)water entitlements; and

(ii)water taken or interfered with under statutory authorisations;

(d)a summary of the findings of research and monitoring for the plan;

(e)any identified risks to the plan’s outcomes;

(f)what amendments, if any, have been made to the plan since its commencement;

(g)any noncompliance under a water entitlement or other authorisation in the plan area.

s 22 amd 2019 SL No. 1 s 4Part 3Statutory authorisations to take or interfere with waterDivision 1Constructing authorities23Prescribed purpose for which constructing authority may take water—Act, s 99For section 99(2)(b) of the Act, the taking of water by a constructing authority for the purpose of constructing or maintaining infrastructure that the constructing authority may lawfully construct or maintain is prescribed.24Prescribed conditions on taking water by constructing authority—Act, s 99For section 99(2)(c)(i) of the Act, the taking of water by a constructing authority is subject to the condition that the taking of water by the constructing authority is done in accordance with the document called ‘Exemption requirements for constructing authorities for the taking of water without a water entitlement’ approved by the chief executive.Division 2Authorised taking of, or interference with, water without water entitlement25Prescribed activities—Act, s 101(1)Each activity mentioned in schedule 3 is prescribed for section 101(1)(a) of the Act.(2)However, subsection (1) does not apply to the extent the water for the activity is taken from an area to which a water supply scheme applies, unless the water is taken by a person who holds—

(a)a resource operations licence for the water supply scheme; or

(b)an interim resource operations licence for the water supply scheme; or

(c)a distribution operations licence for the water supply scheme.

s 25 amd 2017 SL No. 122 s 5Part 4Matters relating to water licencesDivision 1Preliminary26Prescribed entities—Act, s 104, definition prescribed entityFor section 104 of the Act, definition prescribed entity, paragraph (l), the entities mentioned in schedule 4 are prescribed.Division 2Water sharing rules27Water sharing rules—Act, schedule 4, definition water sharing rules(1)For schedule 4 of the Act, definition water sharing rules, paragraph (c), the water sharing rules for taking water from a water management area, or a part of the area, mentioned in schedule 5, column 1, are opposite the area in column 2.Editor's note—A copy of the water sharing rules for a water management area, or a part of the area, may be obtained from the department’s regional office for the area.(2)The water sharing rules for taking water from a particular water management area, or a part of the area, may state the following—

(a)if, under the rules, the chief executive is required to decide an announced entitlement—

(i)how the announced entitlement is decided; and

(ii)whether the announced entitlement may be varied during the water year; and

(iii)whether the announced entitlement applies in relation to the taking of water for a particular purpose;

(b)the extent to which, and the conditions on which, carry overs and forward draws may be authorised in the area, or the part of the area.

(3)Subsection (2) does not limit the matters that may be stated in the water sharing rules.28Nominal entitlement(1)A nominal entitlement is the volume of water authorised to be taken during a water year under a water licence.(2)However, the volume of water that may be taken during a particular water year is the annual entitlement for the water year.29Announced entitlement(1)If the water sharing rules for taking water from a water management area, or a part of the area, require the chief executive to decide an announced entitlement, the chief executive must—

(a)decide the announced entitlement before the start of the water year to which the announced entitlement relates; and

(b)publish the announced entitlement.

(2)An announced entitlement is a percentage of a nominal entitlement.(3)In deciding an announced entitlement, the chief executive must consider—

(a)the following to the extent appropriate for the water management area, or the part of the area, to which the entitlement relates—

(i)trends in underground water levels;

(ii)long-term average sustainable yield;

(iii)historical water use;

(iv)anticipated water use;

(v)water available to supplement water licences in the area;

(vi)weather conditions, including weather forecasts; and

(b)the water sharing rules for taking water from the area.

(4)If the chief executive varies an announced entitlement during a water year, subsection (1)(b) applies to the varied announced entitlement.30Annual entitlement(1)If, for a water year, the chief executive has decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence to which the announced entitlement relates is calculated by—

(a)multiplying the nominal entitlement for the water licence by the announced entitlement; and

(b)adjusting the volume for any carry over or forward draw that applies to the licence for the water year.

(2)If, for a water year, the chief executive has not decided an announced entitlement for a water management area, or a part of the area, the annual entitlement for a water licence in the area or the part of the area is the nominal entitlement for the licence adjusted for any carry over or forward draw that applies to the licence for the water year.Division 3Relocation of water licencespt 4 div 3 hdg sub 2019 SL No. 204 s 11pt 4 div 3 sdiv 1 hdg om 2019 SL No. 204 s 12pt 4 div 3 sdiv 2 hdg om 2019 SL No. 204 s 1331s 31 om 2019 SL No. 204 s 1232Purpose of divisionThis division states, for section 126(3) of the Act, the process for dealing with an application for relocation of—

(a)a water licence for the taking of water from a location in a water management area—

(i)declared by the chief executive under section 137(1); and

(ii)for which water sharing rules mentioned in schedule 5 for the taking of water from the area allow all or part of the licence to be relocated under section 126 of the Act; or

(b)a water licence if a water management protocol allows all or part of the licence to be relocated under section 126 of the Act.

s 32 sub 2019 SL No. 204 s 1433Definitions for divisionIn this division—amalgamation, in relation to a water licence, means amalgamation of the licence with another water licence held or to be held by the transferee.amendment, in relation to a water licence, means amendment of the licence to change the purpose for which water may be taken under the licence.new licence means the water licence that the chief executive may issue under this division after an application for relocation is decided.transfer, in relation to a water licence, means transfer of the licence to a prescribed person within the meaning of section 126(4) of the Act.transfer notice see section 37(2).s 33 sub 2019 SL No. 204 s 1434Application to relocate water licences(1)This section applies to an application to relocate a water licence.(2)The application must be—

(a)made to the chief executive in the approved form; and

(b)if the application includes a transfer or amalgamation—made jointly by the following—

(i)the holder of the licence;

(ii)the proposed transferee.

(3)The application must—

(a)state each of the following—

(i)details of the licence;

(ii)if the licence, or part of the licence, is to be amalgamated with the transferee’s water licence—details of the transferee’s licence;

(iii)the purpose for which the water will be taken under the new licence;

(iv)details of the location of the proposed taking of water under the new licence;

(v)the volume of water proposed to be taken under the new licence; and

(b)be accompanied by—

(i)a statutory declaration by the holder of the licence that each person (an interested entity) who has a financial or other interest in the land of the holder for which the licence is held has been given notice of the proposed relocation; and

(ii)the written consent of each interested entity to the proposed relocation; and

(iii)the application fee.

(4)The application to relocate may include 1 or more transfers, amendments or amalgamations.s 34 amd 2019 SL No. 204 s 1535Criteria for deciding application(1)In deciding whether to approve the application, the chief executive must consider—

(a)any additional information given about the application; and

(b)each of the following that apply to the water licence that is the subject of the application—

(i)a water plan;

(ii)a water management protocol, including, in particular, the rules stated in the protocol for relocating water licences;

(iii)water sharing rules mentioned in schedule 5, to the extent the rules are about relocating water licences.

(2)Subsection (1) does not limit the matters the chief executive may consider.s 35 amd 2019 SL No. 204 s 1636Deciding application(1)After considering the matters mentioned in section 35, the chief executive may—

(a)refuse the application; or

(b)approve the application with or without conditions.

(2)Subsection (3) applies if approving the application would be inconsistent with the matters the chief executive must consider under section 35(1)(b).(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 the matters the chief executive must consider under section 35(1)(b) and if no other decision could have been made.(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)water sharing rules mentioned in schedule 5 apply to the relocation of the licence that is the subject of the application; or

(b)the chief executive makes a decision consistent with the water plan or water management protocol and a different decision consistent with the plan or protocol could have been made.

(7)The chief executive must give the applicant an information notice about the decision within 30 business days after deciding the application.s 36 amd 2019 SL No. 204 s 1737Intention to proceed(1)This section applies if the applicant—

(a)is given an information notice for the decision; and

(b)is eligible and intends to proceed with the relocation.

(2)The applicant must give the chief executive notice in the approved form (a transfer notice) within 30 business days after—

(a)if the applicant appeals against the decision—the day the appeal is finally decided; or

(b)otherwise—the day the applicant receives the information notice.

(3)For subsection (1)(b), the applicant is eligible to proceed with the relocation if—

(a)the chief executive has approved the application with or without conditions; or

(b)the applicant appeals against the decision and the decision is confirmed, amended or substituted so that the application is approved with or without conditions.

s 37 amd 2019 SL No. 204 s 1838Completion of relocation(1)This section applies if the chief executive—

(a)gives the applicant notice of the decision, other than an information notice; or

(b)receives a transfer notice within the period mentioned in section 37(2).

(2)The chief executive may require the proposed transferee to give a document evidencing ownership of land to which the new licence will attach.(3)The chief executive must cancel, amend or subdivide the water licence the subject of the application, or issue a new licence, necessary to give effect to the relocation within 30 business days after—

(a)if the chief executive has, under subsection (2), required the proposed transferee to give a document—the day the chief executive receives the document; or

(b)if the chief executive receives a transfer notice—the day the chief executive receives the notice; or

(c)otherwise—the day the chief executive gives notice of the decision under section 36(3) or (5).

s 38 amd 2019 SL No. 204 s 19Division 4Seasonal water assignments and rules—Act, section 12739Seasonal water assignments and rules—Act, s 127For section 127(2)(b) of the Act—

(a)seasonal water assignments are allowed in a water management area, or a part of the area, mentioned in schedule 6, column 1, for a water licence mentioned for the area in column 2; and

(b)the seasonal water assignment rules for a water management area, or a part of the area, stated, for the area, in column 3 are prescribed.Editor's note—A copy of seasonal water assignment rules mentioned in schedule 6 may be obtained from the department’s regional office for the area to which the rules relate.

Division 5Effects of land dealings or acquisition of land on water licencesSubdivision 1Effects of land dealings on water licences40Effect of licensee ceasing to be an owner of land(1)If a water licence attaches to land and the licensee ceases to be an owner of the land, on the day the licensee ceases to be the owner—

(a)the licensee ceases to be the holder of the licence; and

(b)the registered owner of the land becomes the new licensee.

(2)The chief executive must give the new licensee a new licence that has the same effect as the previous licence.41Effect of disposal of part of land to which water licence to take water attaches(1)This section applies if—

(a)a water licence of either of the following types attaches to land—

(i)a licence to take water;

(ii)a licence mentioned in section 107(1)(c) of the Act; and

(b)the registered owner (the disposer) of the land disposes of part of the land.

(2)On the day the disposer disposes of the part, the water licence is taken to be held jointly by all owners of the land to which the licence attaches.Note—See section 121 of the Act about who may apply for a dealing with a water licence.(3)The chief executive must give all owners of the land to which the water licence attaches, other than the disposer, a copy of the licence.s 41 amd 2019 SL No. 1 s 542Effect of disposal of part of land to which water licence to interfere with water attaches(1)This section applies if—

(a)a water licence to interfere with the flow of water on, under or adjoining land is attached to land; and

(b)the registered owner of the land disposes of part of the land.

(2)Subsection (3) applies if the location at which water may be interfered with is on, under or adjoining either the part of the land disposed of or the part retained by the owner.(3)The licence attaches to the part and the chief executive must amend the licence under section 132 of the Act, to show the change.(4)Subsection (5) applies if the location at which water may be interfered with is on, under or adjoining both the part of the land disposed of and the part retained.(5)The chief executive must amend the licence under section 132 of the Act, so that the licence is held jointly by both the owner of the part retained and the owner of the part disposed of.Subdivision 2Effects of acquisition or disposal of land on water licences43Effect of acquisition or disposal of part of land(1)This section applies to a water licence if part of the land to which the licence attaches—

(a)is taken under the Acquisition of Land Act 1967; or

(b)is disposed of by the registered owner of the land to a constructing authority for a purpose for which land may be taken under that Act.

(2)If the acquisition or disposal includes a transfer of the licence, the chief executive must record the transfer in the department’s records as if the transfer were a proposed dealing mentioned in section 131(1) of the Act.(3)If water that may be taken under the licence can still be taken from the original source on or adjoining the remaining part of the land, the chief executive must amend the licence under section 132 of the Act, so the licence attaches to the remaining part of the land.(4)If the remaining part of the land no longer adjoins the original source, on the day the acquisition or disposal happens the water licence is taken to be held jointly by all owners of the land to which the licence attaches.Note—See section 121 of the Act about who may apply for a dealing with a water licence.Part 5Water allocationsDivision 1Criteria for establishing elements of particular proposed water allocationsSubdivision 1Criteria44Criteria and application of criteria—Act, s 39(1)For section 39(c) of the Act, the criteria for establishing the elements of proposed water allocations to be granted on conversion from a water entitlement or other authorisation (each an existing authorisation) are—

(a)to the extent a relevant water plan applies the criteria stated in subdivision 2 or 3—the criteria; and

(b)any criteria in a relevant water plan for converting an existing authorisation to a water allocation.

(2)If there is an inconsistency between criteria mentioned in subsection (1)(a) and criteria mentioned in subsection (1)(b), the criteria mentioned in subsection (1)(b) prevail.Subdivision 2Establishing nominal volumes45Nominal volume based on nominal entitlement(1)If a water plan states that the nominal volume for a water allocation is to be based on the nominal entitlement for the existing authorisation, the nominal volume for the allocation is the nominal entitlement stated on the existing authorisation.(2)In this section—nominal entitlement means—

(a)for a water licence—see section 28; or

(b)for a continuing interim water allocation—the volume of water stated on the allocation that may be taken in a period of 12 months.

46Nominal volume based on assessment of water taken under existing authorisation(1)If a water plan states that the nominal volume for a water allocation is to be based on an assessment of the water taken under the existing authorisation, the chief executive must decide the nominal volume having regard to the following—

(a)the local availability of water;

(b)the conditions under which water may be taken under the existing authorisation;

(c)if the existing authorisation states the maximum volume of water that may be taken under the existing authorisation during a stated period—the volume;

(d)the average annual volume of water for the period stated in the relevant water plan worked out or estimated by the chief executive to have been able to be taken under the existing authorisation;

(e)any other criteria, for making the decision, stated in the relevant water plan.

(2)For subsection (1)(a), the local availability of water includes consideration of the volume of water worked out or estimated by the chief executive to have been able to be taken by authorisations, other than the existing authorisation, that would have affected access to water under the existing authorisation.Subdivision 3Establishing volumetric limits47Volumetric limit based on limit stated on existing authorisation(1)If a water plan states that the volumetric limit for a water allocation is to be based on the limit stated on the existing authorisation, the volumetric limit for the allocation is the volume of water that may be taken in a period of 12 months stated on the allocation.(2)However, if the water plan states an alternative period, the volumetric limit for the water allocation is the volume of water allowed to be taken under the existing authorisation in the period stated in the water plan.48Volumetric limit based on area stated on existing authorisationIf a water plan states that the volumetric limit for a water allocation is to be based on the area able to be irrigated that is stated on the existing authorisation, the volumetric limit for the allocation is the area stated as being able to be irrigated on the existing authorisation multiplied by the factor stated in the water plan.49Volumetric limit if no limit is stated on existing authorisationIf a water plan states that the volumetric limit for a water allocation is to be based on an assessment of water taken under the existing authorisation and the efficiency of the use of the water, the volumetric limit for the allocation is the volume decided by the chief executive having regard to the following—

(a)the conditions under which water may be taken under the existing authorisation;

(b)the water taking capacity of any works for taking water under the allocation;

(c)the volume of water required for the allocation’s intended purpose;

(d)the annual volumes of water for the period stated in the relevant water plan estimated by the chief executive to have been taken under the existing authorisation with the works that were in place immediately before the commencement of this section;

(e)the efficiency of the use of the water mentioned in paragraph (d);

(f)any other criteria, for making the decision, stated in the relevant water plan.

50Maximum rate for water allocation based on rate stated on existing authorisationIf a water plan states that the maximum rate for a water allocation is to be based on the maximum rate for the existing authorisation, the maximum rate for the allocation is the maximum rate for taking water under the existing authorisation.51Maximum rate for water allocation based on related development permit (1)Subsection (2) applies if a water plan states that the maximum rate for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation.(2)The maximum rate for the allocation is—

(a)if the water plan states the maximum rate for taking water in litres per second and—

(i)the pump size is mentioned in schedule 7, column 1—the rate stated in schedule 7, column 2, for the pump size; or

(ii)the pump size is not mentioned in schedule 7, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7, column 2; or

(b)if the water plan states the maximum rate for taking water in megalitres per day and—

(i)the pump size is mentioned in schedule 7, column 1—the rate stated in schedule 7, column 3, for the pump size; or

(ii)the pump size is not mentioned in schedule 7, column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 7, column 3.

(3)Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act, is satisfied the maximum rate for the allocation is different from the maximum rate decided under subsection (2) for the allocation.(4)Despite subsection (2), the maximum rate for the allocation is the rate decided by the chief executive having regard to the following—

(a)the conditions under which water may be taken under the existing authorisation;

(b)the water taking capacity of the pump to which the development permit relates;

(c)any other criteria, for making the decision, stated in the relevant water plan.

52Maximum rate for water allocation based on other considerations(1)This section applies if a water plan states that the maximum rate for a water allocation is to be decided by the chief executive, other than if—

(a)the existing authorisation states a maximum rate; or

(b)a related development permit states a pump size for taking water.

(2)The maximum rate for the allocation is the rate decided by the chief executive having regard to—

(a)the purpose stated on the existing authorisation; and

(b)the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and

(c)any other criteria, for making the decision, stated in the relevant water plan.

53Daily volumetric limit for water allocation based on rate stated on existing authorisationIf a water plan states that the daily volumetric limit for a water allocation is to be based on the existing authorisation, the daily volumetric limit for the allocation is the maximum rate for taking water in a day, stated on the existing authorisation.54Daily volumetric limit for water allocation based on related development permit(1)This section applies if a water plan states that the daily volumetric limit for a water allocation is to be based on the pump size stated on a development permit related to the existing authorisation.(2)The daily volumetric limit for the allocation is—

(a)if the pump size is mentioned in schedule 7, column 1—the daily volumetric limit stated in schedule 7, column 3, for the pump size; or

(b)if the pump size is not mentioned in schedule 7, column 1—the daily volumetric limit for the allocation decided by the chief executive having regard to the daily volumetric limits for similar pump sizes stated in schedule 7, column 3.

(3)Subsection (4) applies if the chief executive, in finalising a water entitlement notice under section 75 of the Act, is satisfied the daily volumetric limit for the allocation is different from the daily volumetric limit decided under subsection (2) for the allocation.(4)Despite subsection (2), the daily volumetric limit for the water allocation is the volume decided by the chief executive having regard to the following—

(a)the conditions under which water may be taken under the existing authorisation;

(b)the efficiency of the use of water taken under the existing authorisation;

(c)the water taking capacity of the pump to which the development permit relates under normal operating conditions;

(d)any other criteria, for making the decision, stated in the relevant water plan.

(5)However, if the allocation states a maximum rate for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.55Daily volumetric limit for water allocation based on other considerations(1)This section applies if a water plan states that the daily volumetric limit is to be decided by the chief executive, other than if—

(a)the existing authorisation states a daily volumetric limit; or

(b)a related development permit states a pump size for taking water relating to the permit.

(2)The daily volumetric limit for the water allocation is the daily volumetric limit decided by the chief executive having regard to—

(a)the purpose stated on the existing authorisation; and

(b)the chief executive’s estimate or measurement of the rate at which water can be taken under the existing authorisation; and

(c)any other criteria, for making the decision, stated in the relevant water plan.

(3)However, if the allocation states a maximum rate for taking water for the allocation, the chief executive must ensure the daily volumetric limit for the allocation is no more than the volume that may be taken in a day at that rate.Subdivision 4Establishing conditions of water allocation56Conditions for taking water(1)The chief executive may impose on a water allocation any condition the chief executive is satisfied is necessary to ensure the purpose and outcomes of the relevant water plan are achieved.(2)In deciding the flow conditions under which water may be taken under the allocation, the chief executive must have regard to—

(a)any conditions stated on the existing authorisation; and

(b)any other criteria, for making the decision, stated in the relevant water plan.

Division 2Seasonal water assignmentsSubdivision 1Seasonal water assignments for water allocations not managed under resource operations licence57Application of subdivisionThis subdivision applies to a water allocation if—

(a)the allocation is not managed under a resource operations licence; and

(b)a water management protocol allows seasonal water assignments for the allocation.

58Applying for a seasonal water assignment(1)The holder of a water allocation may apply to the chief executive for a seasonal water assignment for the water allocation for the water year, or shorter period prescribed by a water management protocol, in which the application is made.(2)The holder of a seasonal water assignment notice for a water allocation may apply to the chief executive for a seasonal water assignment for the seasonal water assignment notice for the water year, or shorter period prescribed by a water management protocol, in which the application is made.(3)An application under subsection (1) or (2) must be—

(a)in the approved form; and

(b)accompanied by the application fee stated in schedule 12.

s 58 sub 2017 SL No. 122 s 6amd 2020 SL No. 56 s 359Deciding application(1)If the application is consistent with the seasonal water assignment rules (the relevant rules) stated in a water management protocol applying to the relevant water plan area, the chief executive must approve the application, with or without conditions.(2)If the application is inconsistent with the relevant rules, the chief executive must refuse the application.(3)As soon as practicable after deciding the application, the chief executive must—

(a)give the applicant notice of the decision; and

(b)if the application is approved—give the proposed assignee a seasonal water assignment notice.

(4)The notice mentioned in subsection (3)(a) must be an information notice if, having regard to the information in the application, the chief executive could have made a different decision consistent with the relevant rules.(5)The notice mentioned in subsection (3)(a) must include the reasons for the decision if—

(a)subsection (4) does not apply; and

(b)the decision is to—

(i)refuse the application; or

(ii)approve the application—

(A)with a condition not requested in the application; or

(B)if the application requested a particular condition—without the condition.

(6)To the extent the application is approved, the applicant is not authorised to take water that is the subject of the seasonal water assignment.(7)Subsection (8) applies if—

(a)the assignee holds a water allocation for the water management area in which the assignee proposes to take the benefit of the assignment; and

(b)a water management protocol, other than a protocol that contains a multi-year accounting rule for the allocation, allows the seasonal water assignment.

(8)The seasonal water assignment notice applying to the allocation increases the volume of water that may be taken under the allocation by the volume stated in the notice for the period stated in the notice.(9)The assignment has effect from the day stated in the seasonal water assignment notice mentioned in subsection (3)(b).(10)In this section—multi-year accounting rule, for a water allocation, means a water sharing rule used to work out the volume of water that may be taken under the allocation, during a particular water year, having regard to the volume of water that was or may be taken under the allocation during other water years.s 59 amd 2017 SL No. 122 s 7; 2019 SL No. 1 s 6; 2022 SL No. 177 s 460Conditions of seasonal water assignment notice(1)The seasonal water assignment notice is subject to—

(a)the conditions to which the water allocation is subject; and

(b)if the applicant for the seasonal water assignment is the holder of a seasonal water assignment notice (the existing notice) for the water allocation—the conditions to which the existing notice is subject; and

(c)any conditions imposed by the chief executive under section 59(1) for the assignment.

(2)If a seasonal water assignment rule, stated in a water management protocol, allows a change to a location condition of the allocation or existing notice, subsection (1)(a) or (b) does not apply in relation to the location condition.(3)In this section—location condition means a condition imposed on a water allocation or seasonal water assignment notice that states the location from which water may be taken under the allocation or notice.s 60 amd 2017 SL No. 122 s 8; 2019 SL No. 1 s 7Subdivision 2Seasonal water assignments for water allocations managed under resource operations licence61Arrangement for seasonal water assignment(1)This section applies if a person is the holder of a water allocation managed under a resource operations licence.(2)The holder of the allocation may enter into an arrangement for a seasonal water assignment in relation to the allocation if—

(a)the holder of the resource operations licence consents to the arrangement; and

(b)the water to which the allocation relates is distributed to the holder of the allocation by a distribution operations licence holder and the distribution operations licence holder consents to the arrangement.

Division 3Water allocation dealing rules applying to the whole of the StateSubdivision 1Purpose and application of division 62Purpose and application of division—Act, s 158(1)This division prescribes, for section 158 of the Act, the water allocation dealing rules applying to the whole of the State.(2)However, this division does not apply to the extent the relevant water management protocol provides for an alternative process for—

(a)making an application for a water allocation dealing; or

(b)deciding a water allocation dealing.

Subdivision 2Process for applying for and deciding particular water allocation dealings63How application must be madeAn application for a water allocation dealing must be—

(a)in the approved form; and

(b)accompanied by the application fee stated in schedule 12.

64Public notice of application for water allocation dealing(1)This section applies if—

(a)the chief executive is satisfied the application complies with section 63; and

(b)the water allocation dealing rules require the applicant to publish a notice of the application.

(2)The chief executive must give the applicant a notice requiring the applicant—

(a)to publish the information mentioned in subsection (3), for the period and in the way, stated in the notice given by the chief executive; or

(b)to publish a notice that states the application has been made and refers to the information mentioned in subsection (3) and published on the department’s website or the Queensland Government business and industry portal, for the period and in the way, stated in the notice given by the chief executive.

(3)The information must include the following—

(a)where copies of the application may be inspected and, on payment of a fee, purchased;

(b)that written submissions may be made by any entity about the application;

(c)a day (the closing day) by which submissions must be made, and the person to whom, and the place where, the submissions must be made.

(4)The closing day must not be earlier than 30 business days after the day the information is published.(5)If the information has been published as required under subsection (2)—

(a)the applicant must, within 10 business days after the publication of the information or notice referring to the information, give the chief executive evidence of the publication; and

(b)the chief executive may—

(i)send a copy of the information to any other entity the chief executive considers appropriate; and

(ii)decide the application after the closing day.

(6)If the applicant fails to comply with subsection (5)(a), the application lapses.s 64 amd 2021 SL No. 105 s 365Additional information may be required(1)The chief executive may require—

(a)the applicant to give the chief executive additional information about the application; or

(b)any information included in the application, or any additional information required under paragraph (a), to be verified by statutory declaration; or

(c)any submitter to give additional information about the submission.

(2)If the applicant fails, without reasonable excuse, to comply with a requirement made of the applicant under subsection (1)(a) or (b) within the reasonable time stated in the requirement, the application lapses.66Applicant to pay reasonable cost of investigating application(1)This section applies if—

(a)a person makes an application under section 63; and

(b)the chief executive is satisfied there will be considerable expense in investigating the application.

(2)The chief executive must—

(a)estimate the likely cost of investigating the application; and

(b)give the person written notice of the estimated cost.

(3)The person must pay the amount of the estimated cost to the chief executive within the reasonable time stated in the notice.(4)If the applicant fails to comply with subsection (3), the application lapses.(5)If the cost of investigating the application is less than the estimated cost, the chief executive must refund to the person the difference between the cost paid and the actual cost.67Deciding application(1)This section applies to an application for a water allocation dealing if neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited.(2)The chief executive must decide the application—

(a)for a dealing that must be assessed under subdivision 4—in accordance with that subdivision; and

(b)for a dealing that must be assessed under a water management protocol—in accordance with the criteria for the assessment stated in the protocol.

(3)In making a decision under subsection (2), the chief executive must consider—

(a)the application; and

(b)any additional information given by the applicant under section 65; and

(c)any properly made submission about the application.

68Chief executive to give notice of decision(1)This section applies to an application made under this division.(2)Within 10 business days of deciding the application, the chief executive must give written notice of the decision to—

(a)the applicant; and

(b)any entity that made a properly made submission about the application.

(3)However, if the application was decided in accordance with subdivision 4, the notice must be an information notice.Subdivision 3Permitted water allocation dealings69Permitted amalgamation of water allocationsAn amalgamation of 2 or more water allocations into a single water allocation is permitted if—

(a)for each allocation being amalgamated, the ratio between the nominal volume of the allocation and each other attribute of the allocation is the same as the ratio between the nominal volume of each other allocation being amalgamated and each attribute of that other allocation; andExample—If water allocation A has a nominal volume of 1 and a volumetric limit of 2, it may be amalgamated with water allocation B which has a nominal volume of 2 and a volumetric limit of 4, but not with water allocation C which has a nominal volume of 2 and a volumetric limit of 3.

(b)the allocations being amalgamated have the same conditions; and

(c)the amalgamation results in an allocation—

(i)for which the ratio between the nominal volume of the allocation and each other attribute of the allocation is the same as the ratio between the nominal volume of each allocation being amalgamated and each attribute of that allocation; and

(ii)that has the same conditions as the allocations being amalgamated.

Note—See section 143 of the Act for the attributes and conditions of water allocations.70Permitted subdivision of a water allocationA subdivision of a water allocation is permitted if—

(a)the total of the nominal volumes of the resulting water allocations is the same as the nominal volume of the water allocation being subdivided; and

(b)each attribute of the water allocation being subdivided is subdivided in proportion to the nominal volume of each resulting water allocation; and

(c)each resulting water allocation states the same conditions as the water allocation being subdivided.

Subdivision 4Assessed water allocation dealings71Main purpose of this subdivisionThe main purpose of this subdivision is to state types of water allocation dealings that must be assessed and the criteria against which they must be assessed.72Particular water allocation dealings to be assessed and notice of application published(1)This section applies to an application for a water allocation dealing if—

(a)neither subdivision 3 nor a water management protocol states that the dealing is permitted or prohibited (an other dealing); and

(b)a water management protocol does not state that the dealing is of a type that must be assessed under the protocol.

(2)For section 64(1)(b), the applicant must publish a notice of the application.(3)The water allocation dealing must be assessed under section 73.73Criteria for assessing particular dealings(1)Subsection (2) applies if the chief executive is satisfied the application is for a water allocation dealing that—

(a)is compatible with the objectives of the relevant water plan; and

(b)is in the public interest; and

(c)will not significantly adversely affect water entitlement holders, resource operations licence holders or natural ecosystems; and

(d)for a water allocation managed under a resource operations licence, does not—

(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; and

(e)for a water allocation not managed under a resource operations licence, does not—

(i)change the nominal volume for the water allocation; or

(ii)increase the water allocation’s share of the water available to be taken under the water allocations in all water allocation groups mentioned in the relevant water plan area.

(2)The chief executive must approve the application, with or without conditions. (3)If the chief executive is not satisfied as mentioned in subsection (1), the chief executive must refuse the application.Division 4Registering water allocations and interests and dealings for water allocations74Prescribed registration details for water allocations—Act, s 152(1)For section 152(1)(g) of the Act, this section applies if the water sharing rules for a water allocation managed under a resource operations licence are stated to be continuous sharing rules in the resource operations licence.(2)The entry on the water allocations register for the allocation must state the nominal location for the allocation.(3)In this section—nominal location, for a water allocation, means the location from which water may be taken on the day the continuous sharing rules first apply to the water allocation.75s 75 om 2021 Act No. 12 s 148 sch 376s 76 om 2021 Act No. 12 s 148 sch 3Part 6Water supply and demand managementDivision 1Desired level of service objectives and water security programSubdivision 1Definitions for division77Definitions for divisionIn this division—bulk water supply system means the infrastructure for supplying water to bulk water customers in the SEQ region, including—

(a)Baroon Pocket Dam, Cooloolabin Dam, Ewan Maddock Dam, Hinze Dam, Lake Kurwongbah, Lake McDonald, Leslie Harrison Dam, Little Nerang Dam, North Pine Dam, Somerset Dam, Wappa Dam and Wivenhoe Dam; and

(b)the Western Corridor Recycled Water Scheme, and the South East Queensland (Gold Coast) Desalination Facility; and

(c)the main connecting pipelines (the Northern Pipeline Inter-connector, Southern Regional Water Pipeline and Eastern Pipeline Inter-connector).

minimum operating level, of a dam, means the minimum operating level of the dam stated on the resource operations licence relating to the dam.non-residential water use is water use that is not residential water use.Example—water use in industry, power stations or for a business purposeresidential water use is water use at a residence or for other domestic purposes.Example of water use for another domestic purpose—watering a garden at a residenceSEQ water security program means the bulk water supply authority’s water security program for the SEQ region, under section 350 of the Act.Subdivision 2Desired level of service objectives78Desired level of service objectives—Act, s 344For section 344(1)(a) of the Act, this subdivision prescribes the desired level of service objectives for water security for the SEQ region.s 78 amd 2022 SL No. 7 s 379Projected regional average urban demand for SEQ region(1)The bulk water supply system is to be able to supply enough water to meet the projected regional average urban demand.(2)The bulk water supply authority must—

(a)work out the projected regional average urban demand in collaboration with the SEQ service providers, and publicly publish the projection in the way stated in the SEQ water security program; and

(b)assess annually whether the projected regional average urban demand or latest projected regional average urban demand is still current, and publicly publish the outcome of the assessment in the way stated in the SEQ water security program.

(3)In this section—projected regional average urban demand means the demand, expressed in litres for each person for each day, for residential and non-residential water use that is estimated for the SEQ region for each year over the next 30 years.80Bulk water drought supply(1)The bulk water supply system is to be able to supply enough water so that medium level water restrictions on residential water use—

(a)will not happen more than once every 10 years on average; and

(b)will not restrict the average water use for the SEQ region to less than 140L for each person for each day.

(2)The bulk water supply system is to be able to supply enough water so that medium level water restrictions on non-residential water use that is incidental to the purpose of a business will not happen more than once every 10 years on average.Example of water use that is incidental to the purpose of a business—watering a garden in the grounds of a factory(3)The bulk water supply system is to be able to supply enough water so that medium level water restrictions or more severe water restrictions last no longer than 5% of the modelled time.(4)In this section—drought response level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking action in response to drought.Example of action in response to drought—reducing the supply of water from the bulk water supply systemmedium level water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is between—

(a)the drought response level; and

(b)the safe minimum storage level.

modelled time means the total time simulated in the stochastic model.more severe water restrictions means water restrictions imposed on residential and non-residential water use in response to drought, when the level in the bulk water supply system is below the safe minimum storage level. safe minimum storage level is the level in the bulk water supply system stated in the SEQ water security program that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels.stochastic model means the model known as the Regional Stochastic Model used by the bulk water supply authority to model long-term water security.s 80 amd 2022 SL No. 7 s 481Minimum operating levels and essential minimum supply volume(1)Each of the following dams will not reach its minimum operating level more than once in every 10,000 years on average—

(a)Baroon Pocket Dam;

(b)Hinze Dam;

(c)Wivenhoe Dam.

(2)The bulk water supply system—

(a)will be able to supply the essential minimum supply volume; and

(b)will not be reduced to being able to supply only the essential minimum supply volume more than once in every 10,000 years on average.

(3)In this section—essential minimum supply volume means the volume needed to supply an average of 100L for each person for each day for residential and non-residential water use.Subdivision 3Water security program82Content of water security program—Act, s 353The following matters are prescribed for section 353(1)(f) of the Act—

(a)the process the bulk water supply authority will use to work out the projected regional average urban demand including, for example, the authority’s key assumptions and methodology;

(b)deciding the level in the bulk water supply system that is the trigger for taking action in response to drought;Example of action in response to drought—reducing the supply of water from the bulk water supply system

(c)deciding the level in the bulk water supply system that is the trigger for taking more severe action in response to drought, to minimise the risk of reaching the minimum operating levels.

Division 2Water supply arrangements for SEQ region83Declaration of bulk water customers—Act, s 360C, definition bulk water customer(1)For section 360C of the Act, definition bulk water customer, paragraph (b), the following entities declared to be bulk water customers under the repealed regulation continue to be bulk water customers for chapter 2A, part 3 of the Act—

(a)Toowoomba Regional Council;

(b)Stanwell Corporation Limited ABN 370 788 486 74.

(2)Also, for section 360C of the Act, definition bulk water customer, paragraph (b), each of the following entities is declared to be a bulk water customer for chapter 2A, part 3 of the Act—

(a)CleanCo Queensland Limited ACN 628 008 159;

(b)Seqwater;

(c)Southern Downs Regional Council.

s 83 amd 2019 SL No. 204 s 20; 2020 SL No. 33 s 3; 2023 SL No. 173 s 483ADeclaration of SEQ bulk suppliers—Act, s 360C, definition SEQ bulk supplierFor section 360C of the Act, definition SEQ bulk supplier, paragraph (b), the Central SEQ Distributor-Retailer Authority, established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 8, is declared to be an SEQ bulk supplier for chapter 2A, part 3 of the Act.s 83A ins 2020 SL No. 33 s 4Part 7Annual levy for underground water management—Act, section 479Division 1Preliminary84Purpose of partThis part provides for—

(a)an annual levy under section 479 of the Act; and

(b)the apportionment to resource tenure holders of the total annual levy payable by all resource tenure holders.

s 84 sub 2019 SL No. 242 s 385Definitions for partIn this part—class...s 85 def class om 2019 SL No. 242 s 4 (1)class A tenure see section 87A(1).s 85 def class A tenure ins 2019 SL No. 242 s 4 (2)class B tenure see section 87A(2).s 85 def class B tenure ins 2019 SL No. 242 s 4 (2)class C tenure see section 87A(3).s 85 def class C tenure ins 2019 SL No. 242 s 4 (2)levyable mining tenure see section 87A(4).s 85 def levyable mining tenure ins 2019 SL No. 242 s 4 (2)office income statement, for a financial year, means the office’s income statement for the financial year, contained in the document called ‘Service Delivery Statement’ prepared by the department in which chapter 3A of the Act is administered and published in the State budget for the financial year.Editor’s note—A copy of the Service Delivery Statement is available at www.budget.qld.gov.au.office’s estimated costs means the office’s estimated costs under section 479(4)(a) of the Act.office’s estimated mining costs see section 88A(b).s 85 def office’s estimated mining costs ins 2019 SL No. 242 s 4 (2)office’s estimated petroleum costs see section 88A(a).s 85 def office’s estimated petroleum costs ins 2019 SL No. 242 s 4 (2)relevant date, for a financial year, means 1 July of the financial year.relevant sub-block see section 87(1).resource project see the Environmental Protection Act 1994, section 112.s 85 def resource project ins 2019 SL No. 242 s 4 (2)sub-block see the Petroleum and Gas Act, section 29(2).86Office’s estimated costsThe office’s estimated costs for a financial year must be stated in the office income statement for the financial year.87Relevant sub-blocks for petroleum tenures and classes of relevant sub-blocks(1)A sub-block is a relevant sub-block if—

(a)either—

(i)the sub-block is within a cumulative management area; or

(ii)the sub-block is outside a cumulative management area and the office performs functions under the Act for the sub-block; and

(b)either—

(i)the sub-block is in the area of a petroleum lease; or

(ii)the sub-block is in an area that is—

(A)in the area of an authority to prospect, or an area to which an application for an authority to prospect applies; and

(B)in which gas field development is being, or is proposed to be, carried out.

(2)For this part, relevant sub-blocks are divided into the following classes—

(a)relevant sub-blocks outside the cumulative management area;

(b)relevant sub-blocks within the cumulative management area that are used, or intended to be used, for conventional petroleum or gas production;

(c)relevant sub-blocks within the cumulative management area that are used, or intended to be used, for coal seam gas production.

(3)In this section—authority to prospect means an authority to prospect under the Petroleum and Gas Act or the Petroleum Act 1923.coal seam gas production has the same meaning it has under the Petroleum and Gas Act.conventional petroleum or gas production means petroleum production, or gas production, that is not coal seam gas production.gas field development means the development of an area for coal seam gas production, or conventional petroleum or gas production, for which the EIS process has been completed under the Environmental Protection Act 1994.Note—See the Environmental Protection Act 1994, section 60 for when the EIS process is completed for a project.petroleum lease means a petroleum lease under the Petroleum and Gas Act or the Petroleum Act 1923.s 87 amd 2019 SL No. 242 s 587AClasses of levyable mining tenures(1)A mining lease is a class A tenure if the lease is a CMA tenure under chapter 3 of the Act.(2)A mineral development licence is a class B tenure if—

(a)the licence is a CMA tenure under chapter 3 of the Act; and

(b)the holder of the licence has applied for a mining lease under the Mineral Resources Act for carrying out activities; and

(c)any of the following apply—

(i)the proposed lease is a relevant tenure for an environmental authority or proposed environmental authority under which the activities are to be carried out as part of a resource project;

(ii)the activities are part of a project for which an EIS process applies under the Environmental Protection Act 1994, section 37;

(iii)the activities are part of a coordinated project for which an EIS is required under the State Development and Public Works Organisation Act 1971.

(3)A mining lease is a class C tenure for a financial year if—

(a)the lease is not a CMA tenure under chapter 3 of the Act; and

(b)the lease is a relevant tenure for an environmental authority under which activities are carried out as part of a resource project; and

(c)for the resource project, an average of at least 500ML of water each year for the levy period for the financial year has been taken or interfered with under the Mineral Resources Act, section 334ZP(1).

(4)A levyable mining tenure is a class A tenure, class B tenure or class C tenure. (5)In this section—coordinated project see the State Development and Public Works Organisation Act 1971, schedule 2.levy period, for a financial year, means the period of 3 years ending immediately before the relevant day for the financial year.mineral development licence means a mineral development licence under the Mineral Resources Act.mining lease means a mining lease under the Mineral Resources Act.relevant tenure see the Environmental Protection Act 1994, schedule 4.s 87A ins 2019 SL No. 242 s 6Division 2Working out annual levySubdivision 1Total annual levy and office’s estimated costspt 7 div 2 sdiv 1 hdg ins 2019 SL No. 242 s 788Amount of total annual levy(1)The total annual levy must be based on a financial year.(2)The total annual levy payable under section 479 of the Act for a financial year is an amount not more than the office’s estimated costs for the financial year.88AApportionment between office’s estimated petroleum costs and office’s estimated mining costsThe office must apportion the office’s estimated costs for a financial year to—

(a)the estimated cost of performing its functions for the financial year for petroleum tenure holders (the office’s estimated petroleum costs); and

(b)the estimated cost of performing its functions for the financial year for mining tenure holders (the office’s estimated mining costs).

s 88A ins 2019 SL No. 242 s 8Subdivision 2Apportionment of annual levy for petroleum tenure holderspt 7 div 2 sdiv 2 hdg ins 2019 SL No. 242 s 889Apportionment of office’s estimated petroleum costs to each relevant sub-block(1)This section provides for the apportionment of the office’s estimated petroleum costs for a financial year to each relevant sub-block.(2)The office must apportion the office’s estimated petroleum costs to each class of relevant sub-blocks according to the proportion of the office’s functions under the Act carried out in the financial year for the class of relevant sub-blocks.(3)The office must apportion the amount worked out under subsection (2) for a class of relevant sub-blocks to each relevant sub-block in that class equally, according to the number of relevant sub-blocks of that class existing on the relevant date for the financial year.s 89 amd 2019 SL No. 242 s 990Apportionment of annual levy among petroleum tenure holders(1)This section provides for the apportionment of the total annual levy payable by petroleum tenure holders for a financial year to classes of petroleum tenure holders according to the number of relevant sub-blocks in the areas of the petroleum tenures held by the petroleum tenure holders on the relevant date for the financial year.(2)The total annual levy must be apportioned among petroleum tenure holders as follows—

(a)for a petroleum tenure holder who does not hold any relevant sub-blocks—nil;

(b)for each other petroleum tenure holder—according to the amount worked out by multiplying the number of relevant sub-blocks of each class in the areas of the petroleum tenures held by the holder on the relevant date by the amount worked out for each relevant sub-block of that class under section 89(3).

s 90 amd 2019 SL No. 242 s 10Subdivision 3Apportionment of annual levy for mining tenure holderspt 7 div 2 sdiv 3 hdg ins 2019 SL No. 242 s 1190AApportionment of office’s estimated mining costs(1)This section provides for the apportionment of the office’s estimated mining costs for a financial year in relation to levyable mining tenures.(2)The office must apportion the office’s estimated mining costs to each class of levyable mining tenure according to the proportion of the office’s functions under the Act carried out in the financial year for the class of levyable mining tenure.(3)The office must further apportion the amount worked out under subsection (2) for a class of levyable mining tenure by—

(a)for a class A tenure—dividing the amount apportioned for class A tenures by the total number of hectares in all class A tenures existing on the relevant date for the financial year; and

(b)for a class B tenure—dividing the amount apportioned for class B tenures by the total number of hectares in all class B tenures existing on the relevant date for the financial year; and

(c)for a class C tenure—dividing the amount apportioned for class C tenures by the total number of resource projects that include a class C tenure, worked out on the relevant date for the financial year.

s 90A ins 2019 SL No. 242 s 1190BApportionment of annual levy among mining tenure holders(1)This section provides for the apportionment of the total annual levy payable by mining tenure holders for a financial year to classes of mining tenure holders.(2)The total annual levy related to mining tenure holders must be apportioned among the mining tenure holders as follows—

(a)for a mining tenure holder who does not hold a levyable mining tenure on the relevant date for the financial year—nil;

(b)for each mining tenure holder who holds a class A tenure or class B tenure on the relevant date for the financial year—by multiplying the number of hectares, including any part of a hectare, in the tenure by the amount worked out for the tenure under section 90A(3)(a) or (b);

(c)for each mining tenure holder who holds a class C tenure on the relevant date for the financial year—by multiplying the number of resource projects that include the tenure by the amount worked out for each project under section 90A(3)(c).

s 90B ins 2019 SL No. 242 s 11Division 3Collecting annual levy91Requirements for notice of annual levy(1)This section applies if the annual levy payable by a resource tenure holder for a financial year is more than nil.(2)The manager must give the resource tenure holder a notice about the annual levy payable by the holder for the financial year.(3)The manager may give a notice to a resource tenure holder on a quarterly basis or at an interval decided by the manager (the levy period).(4)The notice must state the following—

(a)the number of—

(i)for a petroleum tenure holder—each class of relevant sub-blocks to which the notice applies; or

(ii)for a mining tenure holder—each class of mining tenure to which the notice applies;

(b)the financial year to which the notice applies;

(c)the levy period to which the notice applies;

(d)the amount of the annual levy payable by the resource tenure holder for the levy period (levy amount);

(e)that the levy amount becomes payable on the day the notice is given;

(f)the day by which the levy amount must be paid (the due date);

(g)the way in which the levy amount must be paid;

(h)that if the levy amount is not paid by the due date, the State may, under section 479A of the Act, recover from the holder the amount as a debt.

s 91 amd 2019 SL No. 242 s 1292Payment of annual levy(1)The levy amount for a levy period becomes payable by a resource tenure holder on the day the holder is given a notice under section 91 for the levy period.(2)The resource tenure holder must pay the levy amount—

(a)within 30 days after the manager gives the holder the notice; and

(b)in the way stated in the notice.

(3)In this section—levy amount see section 91(4)(d).levy period see section 91(3).s 92 amd 2019 SL No. 242 s 13Part 8Water authoritiesDivision 1Continuationpt 8 div 1 hdg ins 2017 SL No. 122 s 993Continuation of water authorities established under establishment regulation(1)Each water authority mentioned in schedule 8, part 1, column 1, that was established under an establishment regulation continues as a water authority under this regulation.(2)If the authority was established for an authority area, the authority area is shown on the plan mentioned opposite the authority in column 2.Note—See the Act, section 548(4).94Continuation of amalgamated water authorities(1)Each amalgamated water authority mentioned in schedule 8, part 2, column 1, amalgamated under the repealed regulation, continues as an amalgamated water authority under this regulation.(2)The authority’s authority area is shown on the plan mentioned opposite the authority in column 2.Division 2Dissolutionpt 8 div 2 hdg ins 2017 SL No. 122 s 1094ADissolution of particular water authorities for conversion to alternative institutional structures—Act, s 691(1)This section applies to a water authority mentioned in schedule 8, part 3, column 1.(2)For section 691(1)(b) of the Act, the water authority is dissolved for converting the authority to the alternative institutional structure mentioned opposite the authority in schedule 8, part 3, column 3.(3)For section 691(2) of the Act, the authority area for the water authority shown on the plan mentioned opposite the water authority in schedule 8, part 3, column 2 is dissolved.s 94A ins 2017 SL No. 122 s 1094BOld entity document—Act, s 691AFor section 691A(2) of the Act, the document called ‘Agreement for the distribution of water under the Yambocully Water Supply Scheme Distribution Operations Licence’ dated May 2020 is identified as the old entity document held by the Yambocully Water Board.s 94B ins 2021 SL No. 105 s 4Part 9Investigations, enforcement and offences95Authorised taking of water—Act, s 808(1)For section 808(1)(b) of the Act, an authorisation to take water under a NSW access licence in accordance with the Border Rivers water management protocol and the New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 declared under the repealed regulation to be an authorisation of a similar nature and to have a similar effect to a water allocation continues to be an authorisation of that nature and effect.(2)In this section—Border Rivers water management protocol means the water management protocol to implement the Water Plan (Border Rivers and Moonie) 2019.New South Wales–Queensland Border Rivers Intergovernmental Agreement 2008 means the intergovernmental agreement of that name, signed by the Premier on 16 February 2009.NSW access licence means an access licence under the Water Management Act 2000 (NSW).s 95 amd 2019 SL No. 136 s 396Destroying vegetation, excavating or placing fill in a watercourse, lake or spring—Act, s 814(1)For section 814(2)(i) of the Act, destroying vegetation, excavating or placing fill in a watercourse, lake or spring is permitted if the destruction, excavation or placing of fill is carried out under—

(a)a lease or authority to prospect under the Petroleum Act 1923; or

(b)a licence, petroleum lease or authority to prospect under the Petroleum and Gas Act: or

(c)a licence under the Fossicking Act 1994; or

(d)an environmental authority for a resource activity; or

(e)the document called ‘Riverine Protection Permit Exemption Requirements’ approved by the chief executive and published on the department’s website or the Queensland Government business and industry portal.

(2)In this section—resource activity see the Environmental Protection Act 1994, section 107.s 96 amd 2018 SL No. 56 s 1797Requirements for decommissioning a water bore—Act, s 817For section 817(2) of the Act, the decommissioning of a water bore must be carried out in accordance with the document called ‘Minimum construction requirements for water bores in Australia’, published on the department’s website or the Queensland Government business and industry portal.Part 10Relationship with Planning ActDivision 1Works for taking or interfering with waterNote—See sections 139(5) and 140 in relation to works for taking underground water in an underground water area.98Works that are or are not assessable development—Act, s 39(1)For section 39(f) of the Act, the following works are to be regulated as assessable development—

(a)works for taking overland flow water that are in an area mentioned in schedule 9, part 1, column 1;

(b)works for taking underground water through a subartesian bore that are in an area mentioned in schedule 9, part 2, column 1;Note—For the regulation of works for taking or interfering with underground water through an artesian bore, other than through a water monitoring bore, see the Planning Regulation 2017.

(c)works for interfering with underground water that are in an area mentioned in schedule 9, part 3, column 1.

(2)However—

(a)the works mentioned in schedule 9, part 1, column 2 or part 2, column 2 are to be regulated as assessable development only to the extent the operational work to which the works relate does not comply with the requirements for the work mentioned in section 99(2); and

(b)the following works are not to be regulated as assessable development—

(i)works mentioned in subsection (1) relating to PDA-related development;

(ii)works mentioned in schedule 9, part 1, column 3, part 2, column 3 or part 3, column 2.

(3)In this section—PDA-related development see the Planning Regulation 2017, schedule 24.s 98 sub 2017 SL No. 103 s 173amd 2019 SL No. 1 s 899Requirements for accepted development for operational work for taking water—Act, s 1014(1)This section applies to operational work involving works that are—

(a)in an area mentioned in schedule 9, part 1, column 1 or part 2, column 1; and

(b)mentioned in schedule 9, part 1, column 2 or part 2, column 2, opposite the area; and

(c)not of a type mentioned in schedule 9, part 1, column 3 or part 2, column 3, opposite the area.

(2)For section 1014(2)(g) of the Act, to be categorised as accepted development—

(a)operational work involving taking overland flow water must comply with the requirements applying to the work mentioned in each of the following documents—

(i)‘Accepted development requirements for taking overland flow water for stock or domestic purposes, or using limited capacity works’;

(ii)‘Accepted development requirements for taking overland flow water to satisfy the requirements of an environmental authority or a development permit for carrying out an environmentally relevant activity’; and

(b)operational work involving taking underground water must comply with the requirements applying to the work mentioned in the document called ‘Accepted development requirements for subartesian bores or replacement bores’.

(3)A reference in this section to a document by name is a reference to the document of that name made by the chief executive and published on the department’s website or on the Queensland government business and industry portal.s 99 sub 2017 SL No. 103 s 173amd 2019 SL No. 1 s 9; 2022 SL No. 177 s 5Division 2Levees100Prescribed volume of material for fill—Act, sch 4, definition leveeThe prescribed volume of material for fill for schedule 4 of the Act, definition levee, paragraph 3(b)(ii) is 50m³.101Construction of new levees and modification of existing levees(1)For assessing proposed development that is the construction of a new levee or the modification of an existing levee, the levee can be categorised as 1 of the following types of levees—

(a)category 1 levee;

(b)category 2 levee;

(c)category 3 levee.

(2)A category 1 levee is a levee that has no off-property impact.(3)A category 2 levee is a levee—

(a)that has an off-property impact; and

(b)for which the affected population is less than 3.

(4)A category 3 levee is a levee—

(a)that has an off-property impact; and

(b)for which the affected population is at least 3.

(5)In this section—affected population, for a levee, means the total number of persons occupying all buildings on which the levee has a significant impact.levee property—

(a)means the lot or parcel of land on which a levee is situated; and

(b)includes another lot or parcel of land that is contiguous with the lot or parcel mentioned in paragraph (a) and owned by the same entity.

off-property impact, for a levee, means an impact the levee has on people, property or the environment outside the levee property.significant impact, of a levee on a building, means each of the following—

(a)an increase, caused by the levee, of more than 5cm in the flow height of water over the floorboards of the building;

(b)an increase, caused by the levee, of more than 0.2 m/s in the flow velocity of water over the floorboards of the building.

101ARequirements for accepted development for category 1 levees—Act, s 1014(1)This section applies to operational work that is—

(a)the construction of a new category 1 levee; or

(b)the modification of an existing levee if, after the modification, the levee will be a category 1 levee.

(2)For section 1014(2)(g) of the Act, to be categorised as accepted development the operational work must comply with the requirements stated in the levee code.(3)In this section—levee code means the document called ‘Accepted development requirements for the construction of new levees or the modification of existing levees’ made by the chief executive and published on the department’s website or on the Queensland Government business and industry portal.s 101A ins 2017 SL No. 103 s 174amd 2019 SL No. 1 s 10; 2022 SL No. 177 s 6102Assessment benchmarks for particular levees—Act, s 967(1)This section applies to a development application for, or change application relating to, the following assessable development, if a local government is the assessment manager or responsible entity under the Planning Act for the application—

(a)operational work for the construction of a new category 2 levee or category 3 levee;

(b)operational work for the modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee or category 3 levee.

(2)For section 967(2) of the Act, the code in schedule 10 is an assessment benchmark under the Planning Act for assessing the development.s 102 sub 2017 SL No. 103 s 175amd 2019 SL No. 1 s 11Part 11MeteringDivision 1Preliminary103Purpose of partThe purpose of this part is to implement a system for the compulsory use of approved water meters for taking or interfering with water in the State.104How purpose is to be achievedThe purpose is to be achieved by—

(a)providing for the installation of water meters; and

(b)declaring certain authorisations to be metered entitlements; and

(c)providing for the validation of water meters; and

(d)applying divisions 4, 5 and 7 to the holders of metered entitlements and owners of works; and

(e)providing for the ownership and transfer of water meters.

105Definitions for partIn this part—approved meter see section 106.authorised meter validator means—

(a)a person who is accredited by Irrigation Australia Limited ACN 002 567 633 as a certified meter validator; or

(b)a person appointed by the chief executive as an authorised meter validator under section 109.

cessation date means the date stated in a cessation notice as the cessation date for a meter.cessation notice see section 120(2).faulty meter means a meter that—

(a)is not capable of being read; or

(b)is not capable of recording the volume of water taken through the works to which the meter is attached within the permissible limits of error under the non-urban metering standard; or

(c)leaks water or air; or

(d)is attached to works with a connection or fitting that leaks water or air; or

(e)has a tamper-proof seal that is broken or damaged or does not have a tamper-proof seal attached to it.

s 105 def faulty meter ins 2019 SL No. 1 s 12 (1)meter notice ...s 105 def meter notice om 2019 SL No. 204 s 21non-urban metering standard means the document called the ‘Queensland interim water meter standard for non-urban metering’ and published on the department’s website or on the Queensland Government business and industry portal.s 105 def non-urban metering standard sub 2019 SL No. 1 s 12 (2)relevant management area means any of the following management areas—

•Burdekin River groundwater management area

•Coastal Burnett groundwater management area

•Cressbrook Creek water management area

•Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas

•Pioneer groundwater management area

•Upper Hodgson Creek Basalts underground water sub-area under the Water Plan (Condamine and Balonne) 2019.

s 105 def relevant management area amd 2019 SL No. 136 s 4relevant person, for works, means—

(a)the holder of a metered entitlement who takes water under the entitlement through the works; or

(b)if there is no holder of a metered entitlement who takes water through the works—the owner of the works.

s 105 def relevant person ins 2019 SL No. 1 s 12 (1)tamper-proof seal, in relation to a meter, means a seal designed to identify whether anything has been done to the meter that could affect its metrological performance.s 105 def tamper-proof seal ins 2019 SL No. 1 s 12 (1)transfer notice see section 119(2).validation certificate, for a meter, means a certificate, in the approved form, given for the meter under section 112(2)(b) that states the following—

(a)for a meter attached to works through which the holder of an authorisation or a metered entitlement takes water, the name of the holder;

(b)for a meter attached to works on land for which there is no authorisation for taking or interfering with water through the works, the name of the owner of the works;

(c)the name and signature of the authorised meter validator who carried out the validation inspection;

(d)that the meter complies with the non-urban metering standard;

(e)the date the validation inspection was carried out.

s 105 def validation certificate amd 2019 SL No. 1 s 12 (3)validation inspection, for a meter, means an inspection of the meter by an authorised meter validator to determine whether a validation certificate can be given for the meter.works means works used, or that could be used, for taking or interfering with water.Division 2Metered entitlements106Approved meter—Act, sch 4, def approved meter(1)A meter is prescribed, for schedule 4 of the Act, definition approved meter, as an approved meter if—

(a)the meter is the property of the State; or

(b)the meter becomes the property of the holder of a metered entitlement or the owner of works under section 119(5) and the holder or owner has not done anything to the meter that could affect its metrological performance; or

(c)a validation certificate for the meter has been given—

(i)to the holder of a metered entitlement or the owner of works by an authorised meter validator under section 112(2)(b); and

(ii)to the chief executive by the holder or owner under section 112(3); or

(d)the meter—

(i)is attached to works through which water is, has been or may be taken or interfered with under a metered entitlement; and

(ii)is of a type approved by the chief executive—

(A)in accordance with a condition of the development permit for the works; or

(B)if the works are accepted development—in accordance with any requirements provided for in this regulation with which the works must comply to be categorised as accepted development; and

(iii)is installed—

(A)in accordance with the department’s specifications for installing meters as a condition of the development permit for the works; or

(B)if the works to which the meter is attached are accepted development—in accordance with any requirements provided for in this regulation with which the works must comply to be categorised as accepted development.

(2)Despite subsection (1), a meter is not an approved meter if the meter stops being an approved meter under any of the following provisions—

(a)section 110(2);

(b)section 110A(2);

(c)section 111(2);

(d)section 112A(2);

(e)section 117(2)(a);

(f)section 119(4);

(g)section 120(5).

s 106 amd 2017 SL No. 103 s 176; 2019 SL No. 1 s 13107Metered entitlements—Act, sch 4, def metered entitlement(1)For schedule 4 of the Act, definition metered entitlement, an authorisation mentioned in schedule 11, column 2, or an authorisation that replaces an authorisation mentioned in column 2, in a part of the State mentioned opposite the authorisation in schedule 11, column 1, is prescribed as a metered entitlement.(2)For subsection (1), an authorisation (the original authorisation) is replaced by another authorisation (the second authorisation) in the following circumstances—

(a)the original authorisation expires and the second authorisation is granted in relation to the same land;

(b)the original authorisation is amalgamated with another authorisation and the second authorisation is granted in relation to the land to which the original authorisation and other authorisation related;

(c)the original authorisation expires and 2 or more second authorisations are granted in relation to the same land;

(d)part of the land to which the original authorisation related is disposed of and 1 or more second authorisations are granted in relation to the same land;

(e)the original authorisation expires under section 146(1)(a) of the Act and the second authorisation is granted under that section to the holder of the original authorisation.

(3)Also, a seasonal water assignment notice for taking water in a part of the State mentioned in schedule 11, column 1, and given in relation to a metered entitlement mentioned in schedule 11, column 2 for the part, is prescribed as a metered entitlement.s 107 amd 2019 SL No. 1 s 14108Chief executive may give meter notice to holder of authorisation or owner of works(1)The chief executive may give a notice (a meter notice) to—

(a)the holder of an authorisation; or

(b)if there are works on land and there is no authorisation for taking or interfering with water through the works—the owner of the works.

(2)A meter notice given under subsection (1)(a) must state the following—

(a)the authorisation to which the notice relates;

(b)that the authorisation is to be prescribed as a metered entitlement under section 107;

(c)the validation date;

(d)that from the later of the following dates, water may not be taken through works under the entitlement unless an approved meter is attached to the works—

(i)the validation date;

(ii)the date the authorisation is prescribed as a metered entitlement under section 107;

(e)the requirements for a meter to be an approved meter.Note—For what is an approved meter, see section 106.

(3)A meter notice given under subsection (1)(b) must state the following—

(a)the works to which the notice relates;

(b)the validation date;

(c)that from the validation date, water may not be taken through the works under a metered entitlement unless an approved meter is attached to the works;

(d)the requirements for a meter to be an approved meter.Note—For what is an approved meter, see section 106.

(4)A meter notice must be given at least—

(a)if the notice is given after a meter is attached to works and installed in accordance with section 106(1)(d)(iii)—60 business days before the validation date; or

(b)otherwise—1 year before the validation date.

(5)The chief executive may, after giving a person a meter notice, extend the validation date by notice given to the person.(6)In this section—validation date, for a meter notice, means the date stated in the meter notice as the validation date.s 108 amd 2019 SL No. 1 s 15; 2019 SL No. 204 s 22Division 3Validation of meters109Appointment and qualifications of authorised meter validator(1)The chief executive may appoint a person as an authorised meter validator.(2)The chief executive may appoint a person as an authorised meter validator only if, in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised meter validator.109A Suspension or cancellation of appointment as authorised meter validator(1)The chief executive may suspend or cancel a person’s appointment as an authorised meter validator under section 109 if the chief executive is reasonably satisfied that—

(a)the person gave another person a validation certificate under section 112(2)(b) and the information stated in the certificate is false or misleading; or

(b)the person has been convicted of an offence against the Act, the repealed Acts or an interstate law.

(2)Before the chief executive acts under subsection (1), the chief executive must give the person a show cause notice about the proposed suspension or cancellation.(3)In deciding whether to suspend or cancel the appointment, the chief executive must consider any properly made submission about the proposed suspension or cancellation.(4)Within 30 business days after suspending or cancelling the appointment, the chief executive must give the person a notice stating the decision and the reasons for the decision.(5)The suspension or cancellation takes effect from the day the person is given the notice.s 109A ins 2019 SL No. 1 s 16110Installed or maintained meter not approved meter unless validated(1)This section applies if—

(a)there are works—

(i)through which the holder of a metered entitlement takes water under the entitlement; or

(ii)on land and there is no authorisation for taking or interfering with water through the works; and

(b)the holder or owner of the works—

(i)attaches a meter to the works; or

(ii)does anything to an existing meter attached to the works that could affect the meter’s metrological performance.

(2)Despite section 106(1), the meter stops being an approved meter unless—

(a)a validation inspection is carried out on the meter under section 112; and

(b)the authorised meter validator who carries out the validation inspection gives the holder or owner a validation certificate for the meter under section 112(2)(b); and

(c)the holder or owner gives a copy of the validation certificate to the chief executive under section 112(3).

(3)Subsection (2)—

(a)applies to the meter even if a validation certificate has previously been given for the meter; and

(b)does not limit section 106(1)(d) or 111(2).

110AA Notice about faulty meters(1)This section applies if—

(a)a relevant person takes water through works to which an approved meter is attached; and

(b)the chief executive is reasonably satisfied the meter is a faulty meter.

(2)The chief executive may give the relevant person a notice stating—

(a)that the chief executive is reasonably satisfied the meter is a faulty meter; and

(b)the location of the works and the meter; and

(c)the grounds for giving the notice; and

(d)a stated day, that is at least 60 business days after the notice is given, for complying with section 110A(4) and (5); and

(e)that on the stated day the meter will stop being an approved meter if the relevant person does not comply with section 110A(4) and (5).

s 110AA ins 2019 SL No. 204 s 23110A Requirements for faulty meters(1)This section applies if—

(a)a relevant person takes water through works to which an approved meter is attached; and

(b)the relevant person is aware the meter is a faulty meter or is given a notice under section 110AA for the meter.

(2)Despite section 106(1), the meter stops being an approved meter if the relevant person does not comply with subsection (3), (4) or (5).(2A)Subsection (3) applies if the relevant person has not been given a notice under section 110AA for the meter.(3)Within 3 business days after becoming aware the meter is a faulty meter, the relevant person must give the chief executive a written notice stating the meter is a faulty meter.(4)The relevant person must, before the expiry date, give the chief executive information about water taken through the works in accordance with all instructions, and covering all matters, stated in the approved form.Maximum penalty—20 penalty units.(5)The relevant person must, before the expiry date—

(a)ensure that a meter, other than a faulty meter, is attached to the works; and

(b)arrange a validation inspection for the meter and give the chief executive a copy of the validation certificate for the meter given to the relevant person after the inspection.

Maximum penalty—20 penalty units.(6)The chief executive may extend the expiry date by notice given to the relevant person if—

(a)the relevant person requested the expiry date be extended; and

(b)the chief executive is reasonably satisfied the relevant person is unable to comply with subsection (5).

(7)In this section—expiry date means—

(a)if a relevant person is given a notice under section 110AA—the day stated in the notice under section 110AA(2)(d); or

(b)otherwise—the day that is 60 business days after the chief executive is given notice under subsection (3).

s 110A ins 2019 SL No. 1 s 17amd 2019 SL No. 204 s 24111Existing meter not approved meter unless revalidated by revalidation date(1)This section applies if works through which the holder of a metered entitlement takes water have an approved meter attached.(2)Despite section 106(1)(b) and (c), the meter stops being an approved meter on the revalidation date unless, during the revalidation period—

(a)a validation inspection is carried out on the meter under section 112; and

(b)the authorised meter validator who carries out the validation inspection gives the holder a validation certificate for the meter under section 112(2)(b); and

(c)the holder gives a copy of the validation certificate to the chief executive under section 112(3).

(3)In this section—revalidation date, for a metered entitlement whose part of the State is stated in schedule 11, column 1, means the revalidation date stated opposite the part of the State in column 3 of the schedule.revalidation period, for a metered entitlement whose part of the State is stated in schedule 11, column 1, means the period—

(a)starting 12 months before the revalidation date for the entitlement; and

(b)ending on the revalidation date.

s 111 amd 2019 SL No. 1 s 18; 2019 SL No. 204 s 25112Holder of metered entitlement or owner of works may arrange validation inspection on a meter(1)Either of the following may arrange for a validation inspection to be carried out on a meter—

(a)the holder of an authorisation or a metered entitlement who takes water under the authorisation or entitlement through works to which the meter is attached; or

(b)the owner of the works.

(2)The authorised meter validator who carries out the validation inspection must, within 20 business days after carrying out the inspection, give the following to the holder or owner—

(a)if the meter does not, in the validator’s opinion, comply with the non-urban metering standard, a notice stating—

(i)why the meter does not comply; and

(ii)if the meter would comply after being modified—what modifications are required; and

(iii)if the meter can not comply, even after being modified—that the meter can not comply;

(b)otherwise—a validation certificate for the meter.

(3)The holder or owner must, within 20 business days after being given a validation certificate under subsection (2)(b), give a copy of it to the chief executive.(4)For this section, a validation inspection may not be carried out by an authorised meter validator who is also the holder or owner.s 112 amd 2019 SL No. 204 s 26112A Chief executive may request another validation certificate(1)This section applies if—

(a)a person gives a holder or owner mentioned in section 112(1) for works, to which an approved meter is attached, a validation certificate (the first certificate) for the meter; and

(b)the relevant person gives the chief executive a copy of the first certificate.

(2)Despite section 106(1), the meter stops being an approved meter if the holder or owner does not comply with subsection (5).(3)The chief executive may give the holder or owner a notice if the chief executive is reasonably satisfied that—

(a)the information stated in the first certificate is false or misleading; or

(b)the person who gave the holder or owner the first certificate was not an authorised meter validator when the certificate was given; or

(c)the holder or owner carried out the validation inspection for the first certificate.

(4)The notice must state the following—

(a)the grounds for giving the notice;

(b)the holder or owner must arrange for another validation inspection to be carried out on the meter and give the chief executive a copy of the new validation certificate for the meter before the expiry date;

(c)the meter will stop being an approved meter if the holder or owner does not comply with the notice.

(5)The holder or owner must, before the expiry date, comply with the notice.Maximum penalty—20 penalty units.(6)The chief executive may extend the expiry date by notice given to the holder or owner if—

(a)the holder or owner requested the expiry date be extended; and

(b)the chief executive is reasonably satisfied the holder or owner is unable to comply with subsection (5).

(7)In this section—expiry date means the day that is 60 business days after the chief executive gives a notice under subsection (3).s 112A ins 2019 SL No. 1 s 19amd 2019 SL No. 204 s 27Division 4Reading meters113Chief executive may require meter reading by relevant person(1)The chief executive may give a relevant person a notice requiring the person to—

(a)read a meter; and

(b)do both of the following in the way and by the day stated in the notice—

(i)give the meter reading to the chief executive;

(ii)notify the chief executive about whether or not the meter is a faulty meter.

Note—Section 110A may apply to a relevant person if the person is aware the meter is a faulty meter.(2)The day stated in the notice must be at least 30 days after the day the chief executive gave the relevant person the notice.(3)The relevant person must comply with the notice.Maximum penalty for subsection (3)—20 penalty units.s 113 amd 2019 SL No. 1 s 20114Meter reading by chief executiveThe chief executive may arrange for a meter to be read—

(a)on the application of the holder of a metered entitlement who takes water under the entitlement through works that have the meter attached to transfer, seasonally assign or otherwise deal with the entitlement; or

(b)when the owner of works that have the meter attached gives the chief executive notice the owner has decided to stop using the works; or

(c)at any other time the chief executive considers necessary.

Division 5Charges115Meter operating charge(1)A charge (a meter operating charge) is payable to the chief executive by—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have a meter attached; or

(b)if there is no holder of a metered entitlement taking water through the works—the owner of the works.

(2)The meter operating charge is a charge for reading the meter.(3)The meter operating charge—

(a)is payable for the meter—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—annually; and

(b)must not be more than the cost to the department of reading the meter; and

(c)may be levied by giving notice to the holder or owner; and

(d)becomes payable on the day the notice is given; and

(e)must be paid within 20 business days after the notice is given.

(4)If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.(5)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.(6)A notice given under subsection (3)(c) must state—

(a)the amount of the charge; and

(b)the period for which it is levied; and

(c)the time and place for payment; and

(d)that a late fee is payable on any part of the charge remaining unpaid after 20 business days; and

(e)how the late fee is calculated under subsections (4) and (5).

116Meter use charge(1)A charge (a meter use charge) is payable to the chief executive by—

(a)the holder of a metered entitlement who takes water under the entitlement through works that have a meter attached that—

(i)is the property of the State; or

(ii)was the property of the State before ownership was transferred to the holder; or

(b)if there is no holder of a metered entitlement taking water through the works—the owner of the works.

(2)The meter use charge—

(a)is payable for the approved meter—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—annually; and

(b)must not be more than the cost to the department of making the meter available for use by the holder or owner, including an adjustment in favour of a holder or owner—

(i)who carried out site preparation; or

(ii)who assigned ownership of an existing meter to the State; or

(iii)whose existing meter, that is the property of the State, was not replaced; and

(c)may be levied by giving notice to the holder or owner; and

(d)becomes payable on the day the notice is given; and

(e)must be paid within 20 business days after the notice is given.

(3)If any part of the charge remains unpaid after 20 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.(4)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.(5)A notice given under subsection (2)(c) must state—

(a)the amount of the charge; and

(b)the period for which it is levied; and

(c)the time and place for payment; and

(d)that a late fee is payable on any part of the charge remaining unpaid after 20 business days; and

(e)how the late fee is calculated under subsections (3) and (4).

117Metering exit charge(1)This section applies if—

(a)either of the following gives the chief executive notice that they have decided to stop using an approved meter—

(i)the holder of a metered entitlement who takes water through works to which the meter is attached;

(ii)if there is no holder of a metered entitlement taking water through the works—the owner of the works; and

(b)the meter is not the property of the State.

(2)On the chief executive’s receipt of the notice—

(a)the meter stops being an approved meter; and

(b)the chief executive must give the holder or owner notice of the charge (the metering exit charge) payable.

(3)The holder or owner must pay the metering exit charge to the chief executive within 30 days after receiving the notice from the chief executive.(4)The metering exit charge must not be more than a part of the meter use charge decided by the chief executive having regard to the expected life of the meter.Division 6Ownership118Ownership of metersIf a meter is attached to works—

(a)by the holder of an authorisation or a metered entitlement—the meter is the property of the holder; or

(b)by the State—the meter is the property of the State; orNote—For when the State may transfer a meter to the holder of a metered entitlement or the owner of works, see section 119.

(c)by another person—the meter is the property of the other person.

119Transfer of approved meters that are the property of the State(1)This section applies if an approved meter that is attached to works is the property of the State and—

(a)the holder of a metered entitlement takes water under the entitlement through the works; or

(b)there is no authorisation for taking or interfering with water through the works.

(2)The chief executive may give the holder or owner a notice (a transfer notice) that states the following—

(a)that the chief executive is offering to transfer the ownership of the meter to the holder or owner;

(b)the proposed date for the transfer;

(c)that if the meter is transferred to the holder or owner, the meter will stop being an approved meter if the holder or owner does anything to the meter that could affect its metrological performance;Note—See also section 106(1)(b).

(d)if the meter is attached to works in a relevant management area, or works that take water from the Border Rivers Alluvium (deep), and does not comply with the non-urban metering standard—

(i)that the meter does not comply with the non-urban metering standard; and

(ii)that the chief executive may give the holder or owner a cessation notice under section 120 after the meter has been transferred to the holder or owner; and

(iii)that if the chief executive gives the holder or owner a cessation notice after the meter has been transferred, the meter will stop being an approved meter on the cessation date; and

(iv)that under the Act, section 808(3), the holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached;

(e)that the holder or owner may, within 30 days after receiving the transfer notice, refuse to accept the transfer by giving written notice to the chief executive;

(f)that if the holder or owner refuses to accept the transfer, the meter will stop being an approved meter on the day after the transfer date.

(3)The holder or owner may, by written notice given to the chief executive within 30 days after receiving the transfer notice, refuse to accept the transfer.(4)If the holder or owner refuses to accept the transfer under subsection (3), the meter stops being an approved meter on the day after the transfer date.(5)If the holder or owner does not refuse to accept the transfer under subsection (3), the meter becomes the property of the holder or owner on the transfer date.(6)The chief executive may extend the transfer date by notice given to the holder or owner.(7)In this section—transfer date means the later of—

(a)the proposed date for the transfer stated in the transfer notice; or

(b)the day that is 30 days after the holder or owner received the transfer notice.

s 119 amd 2019 SL No. 136 s 5120Approved meter that does not comply with non-urban metering standard may stop being approved meter(1)This section applies if—

(a)an approved meter becomes the property of the holder of a metered entitlement or the owner of works in a relevant management area, or that take water from the Border Rivers Alluvium (deep), under section 119(5); and

(b)the transfer notice given to the holder or owner stated the matters mentioned in section 119(2)(d).

(2)The chief executive may give the holder or owner a notice (a cessation notice) stating that—

(a)the meter does not comply with the non-urban metering standard; and

(b)on the cessation date, the meter will stop being an approved meter; and

(c)under the Act, section 808(3), the holder of a metered entitlement must not take water under the entitlement other than through works that have an approved meter attached.

(3)The chief executive must give the cessation notice to the holder or owner at least 20 business days before the cessation date.(4)The chief executive may extend the cessation date by notice given to the holder or owner.(5)The meter stops being an approved meter on the cessation date.s 120 amd 2019 SL No. 1 s 21; 2019 SL No. 136 s 6Division 7Miscellaneous121Specifications issued by chief executiveThe chief executive may issue specifications for carrying out site preparation or installing a meter under this part.Part 12Water bore drillers122Classes of licence—Act, s 981(1)For section 981(2)(b) of the Act, the following are the classes of water bore driller’s licences—

(a)class 1 water bore driller’s licence;

(b)class 2 water bore driller’s licence;

(c)class 3 water bore driller’s licence.

(2)A class 1 licence authorises the licence holder to carry out a water bore drilling activity in relation to a subartesian bore in a formation that contains the aquifer closest to the surface of the land where the bore site is located.(3)A class 2 licence authorises the licence holder to carry out a water bore drilling activity in relation to a subartesian bore.(4)A class 3 licence authorises the licence holder to carry out a water bore drilling activity in relation to an artesian bore or subartesian bore.(5)In this section—water bore drilling activity see section 816(2) of the Act.s 122 amd 2022 SL No. 177 s 7123Water bore driller’s licence endorsements—Act, s 981(1)For section 981(2)(c) of the Act, the following are the water bore driller’s licence endorsements—

(a)cable tool;

(b)auger;

(c)rotary air;

(d)rotary mud;

(e)non-drilling rig;

(f)sonic.

(2)A cable tool endorsement authorises drilling activities using cable tool or cable percussion drilling methods.(3)An auger endorsement authorises drilling activities using bucket auger, hollow stem auger or solid stem auger methods.(4)A rotary air endorsement authorises drilling activities using rotary drilling methods with air as the drilling fluid.(5)A rotary mud endorsement authorises drilling activities using rotary drilling methods with water as the drilling fluid or as the base for the drilling fluid.(6)A non-drilling rig endorsement authorises water bore activities using non-drilling rig methods including spear point construction, hand digging and the use of excavators or backhoes for the construction of wells, excavations and galleries.(7)A sonic endorsement authorises drilling activities using sonic drilling methods.124Qualifications or experience for class 1 licence—Act, s 981(1)For section 981(2)(d) of the Act, the qualifications or experience for a class 1 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 1 water bore driller’s licence granted by the entity that administers the licensing of water bore drillers in another State if the qualifications or experience required for the granting of the licence are considered equivalent by the chief executive to those stated in subsection (2); or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 1 licence module and the drilling method endorsement module of the examinations prepared by the National Uniform Drillers Licensing Committee (NUDLC) for any licence endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)successful completion of the Drilling Industry Certification and Training Course (the DICAT course) or another course considered equivalent by the chief executive; and

(B)employment in the operation of a drilling machine for at least 6 months during which at least 6 bores were drilled under the direct supervision of a licensed water bore driller; or

(ii)employment in the operation of a drilling machine for at least 12 months during which at least 6 bores were drilled under the direct supervision of a licensed water bore driller; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 12 months during which at least 6 bores that intersect underground water were drilled; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 12 months during which at least 6 bores that intersect underground water were drilled; and

(d)successful completion of the class 1 water bore driller’s licence examination prepared by NUDLC and administered by the department.

s 124 amd 2019 SL No. 1 s 22125Qualifications or experience for class 2 licence—Act, s 981(1)For section 981(2)(d) of the Act, the qualifications or experience for a class 2 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 2 water bore driller’s licence granted by the entity that administers the licensing of water bore drillers in another State if the qualifications or experience required for the granting of the licence are considered equivalent by the chief executive to those stated in subsection (2); or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 2 licence module and the drilling method endorsement module of the examinations prepared by NUDLC for any licence endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)all of the following—

(A)holding a class 1 water bore drillers licence or the qualifications and experience stated in section 124;

(B)employment in the operation of a drilling machine for at least 12 months;

(C)drilling at least 6 bores for which a class 2 licence is required (a class 2 bore) under the direct supervision of the holder of a class 2 licence, or at least 6 bores for which a class 1 licence is required and at least 3 class 2 bores under the direct supervision of the holder of a class 2 licence; or

(ii)all of the following—

(A)successful completion of the DICAT course or another course considered equivalent by the chief executive;

(B)employment in the operation of a drilling machine for at least 6 months;

(C)drilling at least 6 class 2 bores under the direct supervision of the holder of a class 2 licence, or at least 6 bores for which a class 1 licence is required and at least 3 class 2 bores under the direct supervision of the holder of a class 2 licence; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 12 months during which at least 9 bores that intersect multiple aquifer systems were drilled; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 12 months during which at least 9 bores that intersect multiple aquifer systems were drilled; and

(d)successful completion of the class 2 water bore driller’s licence examination prepared by NUDLC and administered by the department.

s 125 amd 2019 SL No. 1 s 23126Qualifications or experience for class 3 licence—Act, s 981(1)For section 981(2)(d) of the Act, the qualifications or experience for a class 3 water bore driller’s licence are either—

(a)holding a licence, equivalent to a class 3 water bore driller’s licence granted by the entity that administers the licensing of water bore drillers in another State if the qualifications or experience required for the granting of the licence are considered equivalent by the chief executive to those stated in subsection (2); or

(b)the qualifications or experience stated in subsection (2).

(2)For subsection (1)(b), the qualifications or experience are—

(a)successful completion of—

(i)the class 3 licence module and the drilling method endorsement module of the examinations prepared by NUDLC for any licence endorsement for which the applicant is applying; or

(ii)another course considered equivalent by the chief executive; and

(b)demonstrated drilling and grouting knowledge; and

(c)either—

(i)both—

(A)employment as a licensed class 2 driller for at least 12 months, and in the operation of a drilling machine for at least 24 months; and

(B)drilling at least 6 class 2 bores and, under the direct supervision of the holder of a class 3 licence, at least 3 bores for which a class 3 licence is required (a class 3 bore); or

(ii)all of the following—

(A)successful completion of the DICAT course or another course considered equivalent by the chief executive;

(B)employment as a licensed class 2 driller for at least 12 months, and in the operation of a drilling machine for at least 12 months;

(C)drilling at least 6 class 2 bores and, under the direct supervision of the holder of a class 3 licence, at least 3 class 3 bores; or

(iii)employment in the operation of a drilling machine, other than in water bore drilling activities, for at least 24 months during which at least 9 bores were drilled that intersect an aquifer with artesian pressure; or

(iv)if the employment was undertaken in a foreign country—employment in the operation of a drilling machine in water bore drilling activities for at least 24 months during which at least 9 artesian bores were drilled; and

(d)successful completion of the class 3 water bore driller’s licence examination prepared by NUDLC and administered by the department.

(3)In this section—class 2 bore see section 125(2)(c)(i)(C).s 126 amd 2019 SL No. 1 s 24127Conditions of water bore driller’s licence—Act, s 983AFor section 983A(1)(a) of the Act, the following are the conditions for a water bore driller’s licence—

(a)water bore drilling activities that tap an aquifer in the sediments of an artesian basin must be carried out in accordance with ‘Minimum standards for the construction and reconditioning of water bores that intersect the sediments of artesian basins in Queensland’, published on the department’s website or the Queensland Government business and industry portal;

(b)other water bore drilling activities must be carried out in accordance with ‘Minimum construction requirements for water bores in Australia’, published on the department’s website or the Queensland Government business and industry portal;

(c)if a development approval is required to carry out particular water bore drilling activities, the licence holder must see the approval and carry out the activities in accordance with the approval;

(d)development that is operational work involving works for taking or interfering with underground water through a subartesian bore must comply with the requirements provided for in section 99(2) to the extent the requirements apply to the work;

(e)the licence has effect for a period of 10 years.

s 127 amd 2017 SL No. 103 s 177128Records of water bores drilled—Act, s 983LFor section 983L(1) of the Act, the following is the information required to be kept about each water bore drilling activity—

(a)the name and address of the owner of the land on which the activity is being carried out;

(b)the location of the activity;

(c)the name and water bore driller’s licence number of the driller performing the work;

(d)the drilling method used;

(e)the dates the water bore drilling activity started and finished;

(f)details of the following—

(i)the strata drilled;

(ii)water produced by the strata, including the volume and quality of the water, the depth at which it is struck and the depth to which it rises naturally;

(iii)the borehole diameter;

(iv)the type and diameter of the bore casing;

(v)the diameter and location of the borehole cementing;

(vi)the number and size of the slots or perforations in the casing, or screens installed, for water entry;

(g)an estimation of the rate at which water may be produced from the bore.

Part 13Declarations about watercourses129Water declared to be water in a watercourse—Act, s 1006For section 1006(1) of the Act, the following water declared to be water in a watercourse under the repealed regulation continues to be water in a watercourse—

(a)water in an aquifer under the Kolan River, between AMTD 14.5km and AMTD 76.4km, to a depth of 10m below the bed of the river;

(b)water in an alluvial aquifer under the Burnett River, between AMTD 25.9km and AMTD 333.9km, to a depth of 10m below the bed of the river;

(c)water in an alluvial aquifer under the Boyne River, between AMTD 0km and AMTD 180km, to a depth of 10m below the bed of the river;

(d)water in an alluvial aquifer under the Nogo River, between AMTD 0km and AMTD 23km, to a depth of 10m below the bed of the river;

(e)water in an aquifer under Lockyer Creek, between AMTD 0km and AMTD 41.9km, to a depth of 10m below the bed of the creek;

(f)water in an aquifer under Lockyer Creek, between AMTD 41.9km and AMTD 70.9km, to a depth of 6m below the bed of the creek;

(g)water in an aquifer under Barambah Creek, between AMTD 85km and AMTD 189.5km, to a depth of 15m below the bed of the creek;

(h)water in an alluvial aquifer under the Stuart River, between AMTD 0km and AMTD 80km, to a depth of 10m below the bed of the river.

Part 14Fees, charges etc.Division 1FeesSubdivision 1General provisions130FeesThe fees, other than titles registry fees, payable under the Act are stated in schedule 12.s 130 amd 2020 SL No. 172 s 3; 2021 Act No. 12 s 148 sch 3Subdivision 2Water licence fees131Water licence fee(1)The water licence fee mentioned in schedule 12 is payable for a water licence, other than the following—

(a)a water licence only to take supplemented water;

(b)a water licence to take water for stock or domestic purposes, unless the licence is for taking underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies for stock or domestic purposes;

(c)a water licence with a stated purpose of ‘CYPHA’. Note—See also the Water Plan (Cape York) 2019, section 59(1)(a)(i).

(2)The water licence fee for a water licence—

(a)is payable for each year the licence is in force; and

(b)must be paid within the period stated in a notice given to the licensee under subsection (3).

(3)The chief executive must give the licensee a notice stating—

(a)the amount of the water licence fee and the period to which it relates; and

(b)the period, of at least 20 business days after the notice is given, in which the fee must be paid.

s 131 amd 2017 SL No. 164 s 72; 2020 SL No. 172 s 4Subdivision 3Fees for continuing interim water allocations 132Fees for continuing interim water allocations(1)This section applies to an interim water allocation (a continuing interim water allocation) in relation to which chapter 2, part 5 of the unamended Act continues to apply under section 1271 of the Act.(2)The fees payable for the purposes of the continued application of chapter 2, part 5 of the unamended Act are stated in schedule 13.Division 2Charges for water allocated, supplied or taken133Charges for water allocated, supplied or takenThe charges mentioned in schedule 14, column 3, are payable to the chief executive—

(a)for the allocation, supply or taking of water in a water management area mentioned opposite the charges in column 1; and

(b)for the water year ending on the date mentioned opposite the charges in column 2.

s 133 amd 2022 SL No. 60 s 4134Notice for payment of charges(1)A charge under section 133—

(a)may be levied—

(i)for the period decided by the chief executive; or

(ii)if the chief executive does not decide a period—quarterly; and

(b)may be levied by giving notice to the holder of the authorisation under which water is taken; and

(c)becomes payable on the day the notice is given; and

(d)must be paid within 30 business days after the notice is given.

(2)If any part of the charge remains unpaid after 30 business days, the late fee prescribed under section 1013A(2) of the Act is the interest, accruing daily at the rate that is 2% above the Suncorp Metway Ltd business banking variable lending base rate, on the part of the charge.(3)The interest starts accruing on the day immediately after the charge became payable and ends on the day the charge is paid in full, both days inclusive.(4)A notice given under subsection (1)(b) must state—

(a)the amount of the charge and the period for which it is levied; and

(b)the time and place for payment; and

(c)that a late fee is payable on any part of the charge remaining unpaid after 30 business days; and

(d)how the late fee is calculated under subsections (2) and (3).

Division 3Royalty for State quarry material135Royalty for State quarry material—Act, s 240(1)For section 240(1) of the Act, the rate at which royalty is payable under the Act is stated in schedule 15.(2)However, no royalty is payable for State quarry material removed under an allocation notice if the chief executive of a department issues a certificate stating that the material was supplied to the department for the department’s use.Division 4Drainage rates136Drainage rates—Act, s 993For section 993(1) of the Act, the drainage rates payable for a water year by an owner of land in a drainage area mentioned in schedule 16, column 1, are stated opposite the area in column 2.Part 15Miscellaneous provisionsDivision 1Water management areas137Water management areas(1)The chief executive may declare an area of the State to be a water management area for water not managed under an interim resource operations licence or a resource operations licence.(2)The declaration may be for—

(a)fixing water charges payable to the chief executive; or

(b)allowing seasonal water assignments and making seasonal water assignment rules; or

(c)prescribing water sharing rules; or

(d)implementing water metering under part 11.

(3)The chief executive may name the area, for example, the ‘Barker–Barambah Creeks water management area’.(4)An area that is declared to be an underground water area under section 139 is also a water management area.(5)A water plan or a water management protocol may declare a part of the plan area to be a water management area.(6)The chief executive must display a map or plan showing the boundaries of a water management area in the department’s regional office in or near the area.(7)The chief executive must—

(a)give notice of the declaration to the persons authorised to take water from the area; or

(b)publish a notice about the declaration.

(8)Subsection (7) does not apply to a water management area declared under a water plan or a water management protocol.138Changing boundaries of water management areas(1)The chief executive may change the boundaries of a water management area by—

(a)including land in the area; or

(b)removing land from the area.

(2)If the chief executive changes the boundaries of a water management area, the chief executive must—

(a)give notice of the change to the persons authorised to take water from land included in, or removed from, the area; or

(b)publish a notice about the change.

(3)However, subsection (2) does not apply to a change made under a water plan or water management protocol.Division 2Underground water areas139Declared underground water areas—Act, s 1046(1)For section 1046(1) of the Act, each area mentioned in schedule 17, part 1, column 1 is declared to be an underground water area and is given the name mentioned for the area.(2)The exact location of the boundary for each underground water area is held in digital electronic form by the department, and may be inspected at any of the department’s service centres.Editor's note—The location of a boundary may also be inspected through the interactive online tool called the Queensland Globe.(3)A water entitlement is required to take or interfere with underground water in the Fraser Island underground water area, other than for a purpose mentioned in schedule 17, part 1, column 2 for the area.(4)A water entitlement, water permit or seasonal water assignment notice is required to take or interfere with underground water in another underground water area, other than for a purpose mentioned in schedule 17, part 1, column 2 for the area.(5)Works for taking underground water through a subartesian bore in an underground water area mentioned in schedule 17, part 1 are assessable development if they are—

(a)for the Black River underground water area—not an exempt bore; and

(b)for another underground water area—

(i)not an exempt bore; or

(ii)not works for a prescribed activity.

Note—For the regulation of works for the taking or interfering with underground water through an artesian bore, other than through a monitoring bore, see the Planning Regulation 2017.(6)To remove any doubt, it is declared that the taking or interfering with water for a prescribed activity in the Black River underground water area is limited to zero.Note—See section 101 of the Act.(7)However, subsection (4), and the limitation mentioned in subsection (6), do not apply to the taking or interfering with water if the taking or interference—

(a)is necessary for a prescribed activity in the Black River underground water area; and

(b)is carried out using a bore lawfully constructed—

(i)in the Black River underground water area; and

(ii)before 6 December 2016.

s 139 amd 2017 SL No. 5 s 9; 2017 SL No. 103 s 178; 2019 SL No. 91 s 3140Critical distances for non-stock or domestic water bores in particular underground water areas(1)This section applies to a non-stock or domestic water bore in an underground water area mentioned in schedule 17, part 2, column 1.(2)The critical distance of the bore from a boundary of a parcel of land is the distance stated opposite the area in schedule 17, part 2, column 2.(3)The critical distance of the bore from a watercourse is the distance stated opposite the area in schedule 17, part 2, column 3.(4)The critical distance of the bore from another water bore is the distance stated opposite the area in schedule 17, part 2, column 4.Division 3Former water areas141Continuing former water areas—Act, s 1083(1)This section applies only to former water areas—

(a)taken, under the Act, section 1083(2), to be authority areas established under the Act; and

(b)for which no water board was in existence immediately before the commencement of the Act, section 1083.

(2)A former water area mentioned in schedule 18, column 1, is shown on the plan mentioned opposite the area in column 2.(3)The chief executive’s appointment to perform the functions of a water authority for the areas continues.Division 4Other matters141A Prescribed ADR institutes—Act, s 426For section 426(11) of the Act, definition prescribed ADR institute, the Resolution Institute ABN 69 008 651 232 is prescribed.s 141A ins 2019 SL No. 53 s 23141B Arbitration election notice—Act, s 433A(1)This section prescribes, for section 433A(3)(f) of the Act, other information for an arbitration election notice.(2)The other information is—

(a)that the party who receives the notice must accept or refuse the request for arbitration within the period mentioned in section 433A(4) of the Act; and

(b)either party may be represented by a lawyer at the arbitration.

s 141B ins 2019 SL No. 53 s 23141C Prescribed arbitration institutes—Act, s 433AFor section 433A(8) of the Act, definition prescribed arbitration institute, the following entities are prescribed—

(a)the Queensland Law Society ABN 33 423 389 441;

(b)the Resolution Institute ABN 69 008 651 232.

s 141C ins 2019 SL No. 53 s 23142Accounting period—Act, sch 4, definition water yearThe accounting period for a water management protocol, resource operations licence, operations manual, interim resource operations licence or water licence for schedule 4, definition water year, paragraph (a) of the Act is—

(a)if the accounting period for the protocol, licence or manual is stated in the relevant water plan, water management protocol, resource operations licence, interim resource operations licence, operations manual, water sharing rules or seasonal water assignment rules (the relevant plan, protocol, manual, licence or rules)—as stated in the relevant plan, protocol, manual, licence or rules; or

(b)if the accounting period for the protocol, licence or manual is not stated in the relevant plan, protocol, manual, licence or rules—as otherwise prescribed under this regulation; or

(c)if the accounting period for the protocol, licence or manual is not stated in the relevant plan, protocol, manual, licence or rules and not otherwise prescribed under this regulation—as stated in the licence; or

(d)if the accounting period for the protocol, licence or manual is not stated in the relevant plan, protocol, manual, licence or rules, not otherwise prescribed under this regulation or stated in the licence—from 1 July to 30 June in the following year.

Part 16Repeal and transitional provisionsDivision 1Repeal provision143RepealThe following regulations are repealed—

•Water Regulation 2002, SL No. 70

•Water and Other Legislation Amendment Regulation (No. 1) 2014, SL No. 334

•Water and Other Legislation Amendment Regulation (No. 2) 2015, SL No. 123.

Division 2Transitional provisions for SL No. 216 of 2016pt 16 div 2 hdg amd 2019 SL No. 204 s 28144Declared water management areas(1)This section applies to an area that was declared to be a water management area under section 56(1) of the repealed regulation.(2)The area continues as a water management area.145References to repealed regulationA reference in an Act or other document to the repealed regulation may, if the context permits, be taken to be a reference to this regulation.Division 3Transitional provisions for Mineral Resources and Other Legislation Amendment Regulation 2019pt 16 div 3 hdg ins 2019 SL No. 204 s 29146References to transfers, amendments or amalgamations(1)This section applies in relation to an application to relocate a water licence under section 126 of the Act made on or after the commencement.(2)A reference in a water plan, water management protocol or water sharing rules to the transfer, amendment or amalgamation of the licence may, if the context permits, be taken to be a reference to the relocation of the licence.s 146 ins 2019 SL No. 204 s 29147Non-compliance with revalidation of meter before commencement(1)This section applies in relation to a meter attached to works through which the holder of a metered entitlement takes water if, before the commencement—

(a)the meter stopped being an approved meter under section 111(2); and

(b)the holder had not complied with section 112.

(2)Schedule 11, as in force immediately before the commencement, continues to apply to the metered entitlement until section 112(3) is complied with in relation to the meter.s 147 ins 2019 SL No. 204 s 29Division 4Transitional provisions for Water Amendment Regulation 2022pt 16 div 4 hdg ins 2022 SL No. 177 s 8148Application of new s 59 to existing applications for seasonal water assignments for particular water allocations(1)This section applies to an application under section 58(1) or (2) that was made, but not decided, before the commencement.(2)The application must be decided under new section 59.(3)In this section—new section 59 means section 59 as in force from the commencement.s 148 ins 2022 SL No. 177 s 8149Continued application of former ss 99 and 101A to particular operational work(1)This section applies to operational work that was started, but not completed, before the commencement.(2)Former sections 99 and 101A continue to apply in relation to the operational work as if the Water Amendment Regulation 2022 had not been enacted.(3)In this section—former, for a provision of this regulation, means the provision as in force immediately before the commencement.s 149 ins 2022 SL No. 177 s 8Schedule 1Valley reachessections 6 to 12Part 1Overview of valley reachesDiagram A—Overview of valley reachesPart 2Upper valley reachExplanation of upper valley reach and associated watercourseThe upper valley reach of a valley drained by a watercourse is typically located in the most elevated parts of the watercourse catchment, often near the catchment’s watershed. The valley floor is typically quite narrow, characterised by gorges and in some places is only as wide as the watercourse itself. The valley floor is typically quite steep, characterised by waterfalls and cascades. The general direction and location of the reach is dictated by the valley margins which appear as significant geomorphic features.The watercourse is typically narrow and deep with a V-shaped profile carved into the bedrock. The location of the watercourse within the narrow valley floor is generally dictated by the valley margins. The flow in the watercourse has high velocity and high energy, resulting in high erosive power. High flow events are confined within the watercourse by the adjoining valley margins. Past flow levels are often evidenced by scour marks on the valley margin or the deposition of lighter material, for example sands and twigs, carried by the flow. The bed and banks of the watercourse typically consist of bedrock and very coarse material, including boulders, cobbles and gravel. The movement and deposition of material happens primarily in periods of high flow. Flow tends to respond directly to rainfall events and during dry periods there is little or no base flow. Vegetation within or along the watercourse is often sparse or immature due to the regular scouring caused by high flow energy or by the absence of deep soil profiles.Where the watercourse is wider, it could have a narrow bench adjacent to one bank or the other. These benches are typically made of finer materials, commonly cobbles and gravel. These benches tend to be short in length and disconnected, and alternate from one side of the watercourse to the other as the flow rebounds from one valley margin to the other. These benches are regularly reshaped by flow events.Diagram B—Cross-sectional view of a typical upper valley reachDiagram C—Cross-sectional view of a typical watercourse in an upper valley reachPart 3Middle valley reachExplanation of middle valley reach and associated watercourseThe middle valley reach of a valley drained by a watercourse is typically located in the watercourse catchment’s pediment or foothills. The middle valley reach is at a higher elevation than the lower valley reach but is not as high as the upper valley reach. The valley floor is typically of moderate width, and is characterised by narrow floodplains between valley margins of fringing hills, terraces and low ridges. The valley floor has a moderate grade, characterised by a meandering watercourse and occasional cascades. The valley floor is typically comprised of ancient sediments deposited by the watercourse in earlier geological periods, and can be interrupted by occasional bedrock ridges or bars that are exposed in the watercourse.The watercourse carries flow from several tributaries and so is typically deeper and wider than in the upper valley reach. The location of the watercourse within the valley floor is generally dictated by its meander pattern and is occasionally bounded by the valley margin. The flow in the watercourse has less energy and is not as fast as in the upper valley reach. However, it has enough energy to transport sediment eroded in the upper valley reach down to the lower valley reach. Much of the sediment being transported is temporarily stored in the watercourse (typically as in-stream benches and islands) or on adjacent floodplains before being further eroded and transported downstream in subsequent high flow events.A number of benches are typical in the watercourse, created by the mixture of flow size and frequency. The lower, narrower channel of the watercourse is shaped by the more frequent, smaller flows and the wider, deeper channel of the watercourse is shaped by less frequent large flows. High flow events commonly erupt from the watercourse onto the adjacent floodplain. The bed and banks of the watercourse typically consist of medium-sized material, such as cobbles, gravel and sand. Subject always to long-term weather cycles, almost perennial base flows occur because of the slow drainage of upper sections of the middle valley reach and underground water inflows from alluvial floodplain aquifers along the watercourse. Vegetation within or along the watercourse is well established because of the reliable base flows and stable channel profile.Diagram D—Cross-sectional view of a typical middle valley reachDiagram E—Cross-sectional view of a typical watercourse in a middle valley reachPart 4Lower valley reachExplanation of lower valley reach and associated watercourseThe lower valley reach of a valley drained by a watercourse is typically located in the watercourse catchment’s lowest elevations, generally immediately upstream of where the watercourse becomes tidal or where it flows into a natural terminal lake. The valley floor is quite broad, characterised by extensive floodplains between distant valley margins of fringing hills and low ridges. The valley floor has a low gradient, characterised by a strongly meandering watercourse with oxbows and occasional anabranches. The valley floor is typically comprised of ancient sediments deposited by the watercourse in earlier geological periods.The watercourse gradient is quite low, resulting in slow moving flow. However, the watercourse is now carrying water from all upstream reaches and so dissipates this kinetic energy by meandering across the valley floor, eroding and depositing sediment along the way. This results in a comparatively wide, shallow channel, often with large sediment accumulations such as in-stream benches and islands. Sediment that makes up the channel of the watercourse and adjoining floodplains tends to be fine, commonly gravel, sand and silt, with low resistance to erosion. Large flows result in floods that spread across the floodplains, depositing fine sediment. Perennial base flows occur because of the slow drainage of upper sections of the lower valley reach and underground water inflows from alluvial floodplain aquifers along the watercourse. Vegetation within or along the watercourse is well established due to the reliable base flows and stable channel profile.Diagram F—Cross-sectional view of a typical lower valley reachDiagram G—Cross-sectional view of a typical watercourse in a lower valley reachDiagram H—Cross-sectional view of a typical lower valley reach with multiple watercoursesDiagram I—Cross-sectional view of typical watercourses in a lower valley reach with multiple watercoursesSchedule 2Particular unallocated water reservedsection 14Location of unallocated waterType of water reservedPurpose for which water is reservedVolume of water reservedNorth Stradbroke Island (Minjerribah)water in a watercourse, lake or spring, or underground waterplanning for the sustainable management, use and allocation of water for the economic or social benefit of the Quandamooka people30,595MLNorth Stradbroke Island (Minjerribah)water in a watercourse, lake or spring, or underground waterplanning for the sustainable management, use and allocation of water to support the water-related cultural, environmental and spiritual values of the Quandamooka people30,595MLsch 2 amd 2023 SL No. 173 s 5Schedule 3Prescribed activities, Act, section 101(1)(a)section 25

1washing, for processing or packing, produce from a single farming enterprise

2operating a dairy

3washing down equipment, plant or vehicles—

(a)in accordance with best practice to prevent the spread of weed seeds; or

(b)for safety purposes; or

(c)used for private purposes

4washing down a place used to house domestic animals kept as petsExamples of places used to house domestic animals kept as pets—

•a doghouse in the backyard of a residential property

•enclosures at a shelter for animals operated by a charitable organisation, for example, the RSPCA

5filling spray units used to apply herbicides or pesticides

6using stock dips and spray races for controlling parasites on livestock

7supplying water for temporary camps, or living quarters, for staff, for example, for operating toilets, showers, kitchens or laundries—

(a)on or for a farm; or

(b)that is incidental activity for an authority to prospect administered under the Petroleum and Gas Act; or

(c)as part of exercising entitlements under an exploration permit issued under the Mineral Resources Act

8supplying non-potable water to premises used solely for education or training purposes—

(a)including for use in a building; butExamples of a building in which non-potable water may be used—toilet block, classroom, dormitory, residence, workshop or laboratory

(b)not including irrigating land with an area of more than 0.5ha

9managing a public recreation area—

(a)including operating public toilets and showers; but

(b)not including irrigating land with an area of more than 0.5ha

10constructing works, infrastructure or plant—

(a)on or for a farm; orExample—using water to mix cement to be used to construct a shed on a farm

(b)that is an incidental activity for an authority to prospect, petroleum lease, pipeline licence or petroleum facility licence granted under the Petroleum and Gas Act; or

(c)that are temporary and reasonably necessary for, or incidental to, carrying on mining under a mining lease granted under the Mineral Resources ActExamples of temporary infrastructure or plant—

•mobile or temporary camps

•temporary power lines

11constructing, but not maintaining, roads within—

(a)a farm; or

(b)the area of a mineral development licence, or mining lease, granted under the Mineral Resources Act; or

(c)the area of an authority to prospect, petroleum lease, pipeline licence or petroleum facility licence granted under the Petroleum and Gas Act

12constructing or maintaining infrastructure approved under an interim resource operations licence, resource operations licence or distribution operations licence

13the following activities in relation to pumps, wells or bores—

(a)constructing or drilling (including site establishment and rehabilitation and drill bit lubrication);

(b)proving supply;

(c)testing water quality;

(d)flushing out

14rehabilitating riparian land

Schedule 4Prescribed entitiessection 26

1Hampton Irrigators Pty Ltd ACN 064 888 633

2Hinchley Bore Pty Ltd ACN 105 498 628

3Nuhrunda Park Co-operative Society Ltd ABN 28 992 741 260

4Minmore Road Water Group Ltd ACN 108 178 936

5Westaroy Progress Association Inc IA 15321

6Walker Pastoral and Agency Company Pty Ltd ACN 001 099 261

7Body Corporate for Coolibah Community Titles Scheme CMS 28706

8Body Corporate for Acacias Community Titles Scheme CMS 30332

9Australian Stockman’s Hall of Fame and Outback Heritage Centre ACN 010 007 093

10Etgold Pty Ltd ACN 010 705 432

11Stockyard Point Services Co-op Ltd QC 0202

12Body Corporate for Williams’ Retreat Community Titles Scheme CMS 23581

13Body Corporate for Crystal Waters Permaculture Village Community Titles Scheme CMS 20926

14Body Corporate for Sandalwoods Community Titles Scheme CMS 23452

15Body Corporate for Burdekin Riverside Community Titles Scheme CMS 18617

16Sealink Fraser Island Pty Ltd ACN 624 478 280

17Rosedale Water Supply Association Inc ABN 37 265 819 522

18Aurizon Operations Limited ACN 124 649 967

19Stanwell Corporation Limited ACN 078 848 674

20The Conondale Water Supply Co-op Ltd QC 0317

21Callide Power Management Pty. Limited ACN 082 468 700

22C S Energy Limited ACN 078 848 745

23Meridian Energy Australia Pty Limited ACN 143 533 322

24Troy Peter Sobczak and Kate Louise Sobczak, in their capacity as trustees for the Evergreen Trust under instrument 713266609, as joint holders of licences with licence numbers 61070B and 17990B or a licence that replaces either licence

25CP Water Pty Ltd ACN 164 388 612

26Coreen Water Pty Ltd ACN 165 776 036

27Grevillea Water Pty Ltd ACN 165 645 081

28Kooingal Water Pty Ltd ACN 165 779 322

29The parties to the ‘Middle Park Closed Water Agreement’, registered dealing number 715140398

30Mulgildie Water Pty Ltd ACN 165 779 331

31Myall Plains Water Co-operative Ltd QC 0316

32Oaky Creek Water Pty Ltd ACN 165 779 340

33The parties to the ‘Juandah Bore Water Group Closed Water Authority Agreement’, registered dealing number 715578077

34Washpool Water Pty Ltd ACN 167 582 514

35The parties to the ‘Marathon Bore Water Group Agreement’, registered dealing number 715961002

36The parties to the ‘Palmgrove Bore Water Group Agreement’, registered dealing number 715662828

37Crowley Vale Water Co-operative Limited QC 0333

38The parties to the ‘Weengallon Bore Water Group Agreement’, registered dealing number 716094379

39Adani Infrastructure Pty Ltd ACN 606 764 827

40an eligible person under the Water Plan (Cape York) 2019, section 32(6)

41CleanCo Queensland Limited ACN 628 008 159

42Granite Belt Water Limited ACN 631 442 129

43Carmichael Rail Network Pty Ltd ACN 601 738 685

44Merlwood Water Pty Ltd ACN 611 379 278

45Mondure Water Supply Inc. IA56117

46Quandamooka Yoolooburrabee Aboriginal Corporation RNTBC ABN 30 457 275 826

sch 4 amd 2019 SL No. 1 s 25; 2019 SL No. 91 s 4; 2019 SL No. 204 s 30; 2020 SL No. 56 s 4; 2023 SL No. 173 s 6Schedule 5Water sharing rulessection 27Column 1Column 2Water management areaWater sharing rulesBowen groundwater management areaBowen groundwater management area water sharing rulesBurdekin groundwater management areaBurdekin groundwater management area water sharing rulessch 5 amd 2017 SL No. 5 s 10; 2019 SL No. 136 s 7; 2021 SL No. 72 s 4Schedule 6Seasonal water assignmentssection 39Column 1Column 2Column 3Water management areaType of water licenceSeasonal water assignment rulesBowen groundwater management areawater licence to take underground waterBowen groundwater management area seasonal water assignment rulesBurdekin groundwater management areawater licence to take underground waterBurdekin groundwater management area seasonal water assignment rulessch 6 amd 2017 SL No. 5 s 11; 2019 SL No. 91 s 5; 2019 SL No. 136 s 8; 2021 SL No. 72 s 5Schedule 7Rates and pump sizessections 51 and 54Column 1Column 2Column 3Pump size (mm)Maximum rate (litres/second)Maximum rate per day or daily volumetric limit (megalitres)326.90.64011.615025.52.26545.13.98064.85.610084.57.312590.37.815014012.120018015.625025021.630030025.935040034.637543037.240050043.250055047.56001,00086.46601,3901207001,7401507502,0801807802,320200Schedule 8Water authoritiessections 93, 94 and 94APart 1Established water authoritiesColumn 1Column 2Water authorityPlanAvondale Water BoardAP4014Babinda Swamp Drainage BoardAP4045Bollon South Water AuthorityAP6513Bollon West Water AuthorityAP7351Bones Knob Water BoardAP4016Eugun Bore Water AuthorityAP7343Fernlee Water AuthorityAP6941Gladstone Area Water Board—Glamorgan Vale Water BoardAP22179Ingie Water AuthorityAP7350Kaywanna Bore Water BoardAP13400Mount Isa Water BoardAP7346Roadvale Water BoardAP4038Silkwood Drainage BoardAP4057South Maroochy Drainage BoardAP4059Part 2Amalgamated water authoritiesColumn 1Column 2Water authorityPlanLower Burdekin WaterAP22327Lower Herbert Water Management AuthorityNote—The formation of the Lower Herbert Water Management Authority is confirmed and validated under the Act, section 1282.AP4064Orchard Creek and East Euramo Drainage BoardAP22324Part 3Water authorities dissolved for conversion to alternative institutional structuresColumn 1Column 2Column 3Dissolved water authorityPlan of dissolved authority areaAlternative institutional structureBrigooda Water BoardAP4018the institutional structure consisting of all the parties to the Brigooda Water Supply Agreement (dealing number 716109624)Callandoon Water Supply BoardAP4019 Callandoon Water Users Limited ACN 636 809 400East Deeral Drainage BoardAP4047the institutional structure consisting of all the parties to the East Deeral Drainage Scheme Agreement (dealing numbers 719616504 and 719616508)Matthews Road Drainage BoardAP4052the institutional structure consisting of all the parties to the Matthews Road Drainage Scheme Agreement (dealing number 720157247)Merlwood Water BoardAP7342Merlwood Water Pty Ltd ACN 611 379 278Yambocully Water BoardAP4044Yambocully Water Pty Ltd ACN 641 083 409sch 8 amd 2017 SL No. 122 s 11; 2019 SL No. 204 s 31; 2020 SL No. 172 s 5; 2021 SL No. 105 s 5Schedule 9Assessable development or accepted developmentsection 98Part 1Works for taking overland flow waterColumn 1Column 2Column 3AreaWorks that are accepted development if relevant requirements complied withWorks that are not assessable developmentWater Plan (Baffle Creek Basin) 2010 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 20MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 52(1) of that plan;(b)works constructed under a development permitWater Plan (Border Rivers and Moonie) 2019 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 5ML for taking water under section 99(2) of the ActRepair or maintenance of any of the following works if the repair or maintenance does not alter the design of the works—(a)notified existing overland flow works within the meaning of the Water Plan (Border Rivers and Moonie) 2019;(b)works constructed for the taking of, or interfering with, water under section 97 of the Act;(c)works constructed under a development permitConstruction, repair or maintenance of existing works, within the meaning of the Water Plan (Border Rivers and Moonie) 2019, section 38(3), used to take water for prescribed activities mentioned in schedule 3Water Plan (Burdekin Basin) 2007 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 250MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 80(1) of that plan;(b)works constructed under a development permit Coastal Burnett overland flow area under the Water Plan (Burnett Basin) 2014Works for stock or domestic purposesWorks of a capacity of not more than 20MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 91(2)(g) of that plan;(b)works constructed under a development permitWater Plan (Calliope River Basin) 2006 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 5MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 15(1) of that plan;(b)works constructed under a development permit Water Plan (Cape York) 2019 plan areaWorks for stock or domestic purposesWorks to take overland flow water with a capacity of not more than 50ML situated in a catchment, other than the Normanby catchment, mentioned in schedule 2 of that planWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityWorks of a capacity of not more than 5ML situated in the Normanby catchment for taking water under section 99(2) of the ActRepair or maintenance of any of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 28(c) and (d) of that plan;(b)works constructed for the taking of, or interfering with, water under section 97 of the Act;(c)works constructed under a development permitWater Plan (Condamine and Balonne) 2019 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 5ML for taking water under section 99(2) of the ActRepair or maintenance of any of the following works if the repair or maintenance does not alter the design of the works—(a)notified existing overland flow works within the meaning of the Water Plan (Condamine and Balonne) 2019;(b)works constructed for the taking of, or interfering with, water under section 97 of the Act;(c)works constructed under a development permitConstruction, repair or maintenance of existing works, within the meaning of the Water Plan (Condamine and Balonne) 2019, section 36(3), used to take water for prescribed activities mentioned in schedule 3Water Plan (Cooper Creek) 2011 plan areaWorks for stock or domestic purposesWorks, for taking water for a purpose other than irrigation, of a capacity of not more than 10MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 37 of that plan;(b)works constructed under a development permit Water Plan (Fitzroy Basin) 2011 plan areaWorks for stock or domestic purposesWorks downstream of the Fitzroy Barrage of a capacity of not more than 5MLOther works of a capacity of not more than 50MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 111 of that plan;(b)works constructed under a development permit Water Plan (Georgina and Diamantina) 2004 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 5ML for taking water under section 99(2) of the ActRepair or maintenance of any of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 12 of that plan;(b)works constructed for the taking of, or interfering with, water under section 97 of the Act;(c)works constructed under a development permitWater Plan (Gulf) 2007 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 250MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 79 of that plan;(b)works constructed under a development permit Water Plan (Mitchell) 2007 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 250MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 55 of that plan;(b)works constructed under a development permit Water Plan (Moreton) 2007 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 5MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)works mentioned in sections 86 and 87 of that plan;(b)works constructed under a development permit Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016 plan areaWorks for stock or domestic purposesWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityWorks of a capacity of not more than 5ML for taking water under section 99(2) of the ActRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 26 of that plan;(b)works constructed under a development permit Works for prescribed activities mentioned in schedule 3Water Resource (Whitsunday) Plan 2010 plan areaWorks for stock or domestic purposesWorks of a capacity of not more than 20MLWorks constructed to satisfy the requirements of—(a)an environmental authority; or(b)a development permit for carrying out an environmentally relevant activityRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 68 of that plan;(b)works constructed under a development permit Part 2Works for taking underground water through a subartesian boreColumn 1Column 2Column 3Area or groundwater unitWorks that are accepted development if relevant requirements complied withWorks that are not assessable developmentAtherton underground water management area or the Cairns Northern Beaches underground water management area under the Water Plan (Barron) 2023An exempt boreA water bore (the first bore) constructed more than 200m from a watercourse and—(a)more than 400m from another water bore; or(b)if the first bore is constructed within 400m of another water bore (the second bore)—(i)the second bore is situated on land owned by the landholder constructing the first bore; or(ii)the owner of the land on which the second bore is situated has given written consent to the construction of the first boreUnderground water in the parts of an underground water unit that are within the underground water management area under the Water Plan (Border Rivers and Moonie) 2019An exempt boreA water bore that—(a)is constructed more than—(i)200m from a boundary of a parcel of land; and(ii)400m from another water bore; and(b)takes water from an aquifer other than the Border Rivers Alluvium (deep)Groundwater management areas under the Water Plan (Burnett Basin) 2014An exempt borePrescribed existing groundwater works as defined under that plan, schedule 12A water bore for prescribed activities mentioned in schedule 3A water bore that is constructed more than—(a)100m from a boundary of a parcel of land; and(b)200m from another water bore; and(c)for the Barambah Creek groundwater management area—200m from Barambah Creek between AMTD 101km and AMTD 143km; and(d)for the Central Burnett River groundwater management area—200m from the Burnett River between AMTD 250km and AMTD 295km; and(e)for the Coastal Burnett groundwater management area—200m from the Elliott RiverWater Plan (Cape York) 2019 plan areaAn exempt boreA water bore that is constructed—(a)more than 200m from a watercourse, lake or spring; and(b)more than 200m from a boundary of a parcel of land; and(c)more than 400m from another water bore.A water bore that is constructed more than 200m from a watercourse, lake or spring if—(a)the water bore is located within 200m of a boundary of a parcel of land (the neighbouring land), other than the land on which the bore is being constructed, and the person constructing the bore—(i)is the owner of the neighbouring land; or(ii)has the written consent of the owner of the neighbouring land; or(b)the water bore (the new water bore) is located within 400m of another water bore and the person constructing the new water bore—(i)is the owner of the land on which the other water bore is situated; or(ii)has the written consent of the owner of the land on which the other water bore is situated.Underground water in an underground water unit under the Water Plan (Condamine and Balonne) 2019An exempt boreA water bore that is constructed—(a)more than 200m from a boundary of a parcel of land; and(b)more than 400m from another water bore; and(c)outside of the following underground water sub-areas under the Water Plan (Condamine and Balonne) 2019—(i)Central Condamine Alluvium;(ii)Cunningham Alluvium;(iii)Dalrymple Creek Alluvium;(iv)Oakey Creek AlluviumGroundwater management areas under the Water Plan (Fitzroy Basin) 2011An exempt boreA water bore that is constructed more than—(a)200m from a boundary of a parcel of land; and(b)400m from another water boregroundwater units, other than the south-eastern groundwater units and groundwater sub-areas, under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017A replacement water bore that is a subartesian boreAn exempt boresouth-eastern groundwater units and groundwater sub-areas under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017Works for stock or domestic purposesWorks for a replacement water bore that is a subartesian boreAn exempt boreWater Plan (Gulf) 2007 plan areaAn exempt boreWorks that are more than—(a)200m from a boundary of a parcel of land; and(b)400m from another water boreCooloola Sandmass subartesian area under the Water Plan (Mary Basin) 2006 plan areaAn exempt boreWater Plan (Mitchell) 2007 plan areaAn exempt boreWorks that are more than—(a)200m from a boundary of a parcel of land; and(b)400m from another water boreWarrill-Bremer Alluvial groundwater management area and the watercourse buffer zone under the Water Plan (Moreton) 2007Works replacing works in the watercourse buffer zoneAn exempt boreCressbrook Creek Alluvial groundwater management area and Lockyer Valley groundwater management area under the Water Plan (Moreton) 2007An exempt boreA water bore that is constructed more than—(a)100m from a boundary of a parcel of land; and(b)200m from another water bore; and(c)50m from a watercourseWater Plan (Pioneer Valley) 2002 plan areaAn exempt boreRepair or maintenance of works if the repair or maintenance does not alter the design of the worksA water bore that is constructed more than—(a)200m from—(i)a boundary of a parcel of land; and(ii)a boundary of subcatchment area 10; and(iii)a relevant watercourse; and(b)400m from another water bore; and(c)100m from a watercourse, other than a relevant watercourseGroundwater in a groundwater unit under the Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016An exempt boreA water bore for prescribed activities mentioned in schedule 3A water bore that is constructed more than—(a)200m from a boundary of a parcel of land; and(b)400m from another water boreGroundwater management areas under the Water Plan (Wet Tropics) 2013A water bore that is within 400m of a watercourse, lake, spring or water boreAn exempt boreA water bore that is constructed more than 400m from—(a)a watercourse; and(b)another water boreWater Resource (Whitsunday) Plan 2010 plan areaAn exempt boreRepair or maintenance of either of the following works if the repair or maintenance does not alter the design of the works—(a)existing works mentioned in section 73 of that plan;(b)works constructed under a development permit A water bore that is constructed more than—(a)200m from a boundary of a parcel of land; and(b)400m from another water bore; and(c)200m from a watercoursePart 3Works that interfere with underground waterColumn 1Column 2Area or groundwaterunitWorks that are not assessable developmentWater Plan (Pioneer Valley) 2002 plan areaAn excavation that interferes with underground water, other than an excavation in sub-area 3, 15, 16 or 17sch 9 amd 2017 SL No. 103 s 179; 2017 SL No. 164 s 73; 2019 SL No. 91 s 6; 2019 SL No. 136 s 9; 2019 SL No. 204 s 32; 2023 SL No. 173 s 7Schedule 10Code for assessment of development for construction or modification of particular leveessection 102sch 10 hdg amd 2017 SL No. 103 s 1801Application of code(1)The code applies for the assessment of assessable development for—

(a)the construction of a new category 2 levee or new category 3 levee (each a new levee); or

(b)the modification of an existing levee if, after the modification, the levee (the modified levee) will fulfil the requirements for a category 2 levee or category 3 levee.

(2)The code should be read together with the document called ‘Guidelines for the construction or modification of category 2 and 3 levees’ published by the department.Editor's note—A copy of the document called ‘Guidelines for the construction or modification of category 2 and 3 levees’ is available on the department’s website.sch 10 s 1 amd 2017 SL No. 103 s 1812Purpose of codeThe purpose of the code is to ensure that a new levee or modified levee meets a set of criteria.3DefinitionsIn this schedule—modified levee see section 1(1)(b).new levee see section 1(1)(a).off-property impact, for a levee, see section 101(5) of this regulation.4Compliance with code(1)The code is complied with if each of the performance outcomes stated in column 1 of the table is complied with for a new levee or modified levee.(2)A performance outcome is complied with if the new levee or modified levee—

(a)complies with an acceptable outcome stated in column 2 of the table; or

(b)otherwise satisfies the performance outcome mentioned in column 1 of the table.

Column 1Column 2Performance outcomeAcceptable outcome1any off-property impact from the levee is minimised and acceptable having regard to the following—•the environment in which the levee is located;•the measures proposed to be taken to mitigate any off-property impact;•any compensation measures for an impact that are proposed by the applicantthe levee does not result in—(a)an unacceptable change in hydraulic effects that occur off-property; and(b)an unacceptable impact on people, property or the environment2the levee is a safe and stable structurethe design, construction, operation and maintenance for the levee is appropriate for the materials used and the levee’s intended function3community safety is ensured in the event a category 3 levee fails or overtopsappropriate emergency action procedures are in place for category 3 leveesSchedule 11Metered entitlementssections 107 and 111(3)Column 1Column 2Column 3Part of the StateAuthorisationRevalidation dateBorder Rivers Alluvium underground water sub-area under the Water Plan (Border Rivers and Moonie) 2019all water allocations30 November 2024Bowen groundwater management area on plan CAS3065all water licences to take underground water or surface water, other than licences for stock or domestic purposes only30 November 2023Boyne and Stuart Rivers water management area under the Water Plan (Burnett Basin) 2014Note—See sections 1259 and 1264 of the Act.all water entitlements30 November 2024Burdekin groundwater management area on plan AP10054all water licences to take underground water, other than licences for stock or domestic purposes only30 November 2024Central Condamine Alluvium underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water licences to take underground water, other than licences for stock or domestic purposes only30 November 2023Christmas Creek water management area under the Water Plan (Logan Basin) 2007Note—See sections 1259 and 1264 of the Act.all water allocations30 November 2025Coastal Burnett groundwater management area for the following groundwater sub-areas shown on the Water Plan (Burnett Basin) 2014, schedule 5, maps A and B—(a)Kolan - Burnett A;(b)Burnett - Elliot A;(c)Elliot - Gregory A;(d)Fairymead Aall water entitlements, other than the following—(a)water licences for dewatering purposes only;(b)water licences for agricultural dewatering purposes only;(c)water entitlements for which the annual volumetric limit is not more than 2ML30 November 2023Coastal Burnett groundwater management area for the following groundwater sub-areas shown on the Water Plan (Burnett Basin) 2014, schedule 5, maps A and B—(a)Kolan - Burnett B;(b)Burnett - Elliot B;(c)Elliot - Gregory B;(d)Fairymead Ball water entitlements, other than the following—(a)water licences for dewatering purposes only;(b)water licences for agricultural dewatering purposes only;(c)water entitlements for which the annual volumetric limit is not more than 2ML30 November 2024Comet water management area under the Water Plan (Fitzroy Basin) 2011all water allocations30 November 2026Condamine and Balonne water management area, water management area zones CBU-01, CBU-02, CBU-03, CBU-04, CBU-05, CBU-06, CBU-07, CBU-08 and CBU-09 under the Water Plan (Condamine and Balonne) 2019all water allocations to take unsupplemented surface water30 November 2023Cooloola Sandmass subartesian area under the Water Plan (Mary Basin) 2006all water licences, other than water licence 190197 and water licence 19020030 November 2023Cressbrook Creek alluvial groundwater management area under the Water Plan (Moreton) 2007all water licences, other than licences for stock or domestic purposes only30 November 2023Cunningham Alluvium underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water entitlements, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water entitlements for public amenity or education premises purposes only;(c)water entitlements for which the annual volumetric limit is not more than 5ML31 March 2029Dalrymple Creek Alluvium underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water allocations to take underground water30 November 2023Dawson Valley water management area under the Water Plan (Fitzroy Basin) 2011all water allocations30 November 2025Don and Dee Rivers and Alma Creek water management area under the Water Plan (Fitzroy Basin) 2011all water licences to take surface water, other than licences for stock or domestic purposes only30 November 2026Don and Dee groundwater sub-area under the Water Plan (Fitzroy Basin) 2011all water licences to take underground water30 November 2026Eastern Downs Marburg groundwater sub-area under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017water licence 10087530 November 2026Fitzroy water management area under the Water Plan (Fitzroy Basin) 2011, other than Fitzroy Ball water allocations30 November 2025Flinders River catchment area under the Water Plan (Gulf) 2007all water entitlements30 November 2026Gatton Esk Road Marburg groundwater sub-area and Gatton Esk Road Woogaroo groundwater sub-area under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017all water licences, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water licence 406711;(c)water licence 406717;(d)water licence 406722;(e)water licence 406725;(f)water licence 406732;(g)water licence 406735;(h)water licence 406738;(i)water licence 406751;(j)water licence 406755;(k)water licence 406761;(l)water licence 406807;(m)water licence 406867;(n)water licence 407196;(o)water licence 40917530 November 2026Gilbert River catchment area under the Water Plan (Gulf) 2007all water entitlements30 November 2024Gowrie and Oakey Creek water management area, water management area zones GOU-1, GOU-2, GOU-3 and GOU-4 under the Water Plan (Condamine and Balonne) 2019all water entitlements to take surface water, other than water entitlements for stock or domestic purposes only30 November 2025Implementation area 1 for Lockyer Valley groundwater management area under the Water Plan (Moreton) 2007all water licences, other than licences for stock or domestic purposes only30 November 2023Isaac River and Connors River catchment area on plan AP14807all water licences to take underground water or surface water, other than licences for stock or domestic purposes only30 November 2026Jimbour Creek Alluvium underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water licences to take underground water, other than licences for stock or domestic purposes only30 November 2026Lakeland water licence zones 1 and 2 of the Cook underground water management area under the Water Plan (Cape York) 2019all water licences to take underground water, other than licences for stock or domestic purposes only30 November 2024Lower Balonne water management area under the Water Plan (Condamine and Balonne) 2019all water allocations to take unsupplemented surface water and water licences to take overland flow water30 November 2022Lower Callide, Prospect Creek and Upper Callide groundwater sub-areas under the Water Plan (Fitzroy Basin) 2011all water entitlements30 November 2024Lower Nerang water management area under the Water Plan (Gold Coast) 2006all water entitlements30 November 2023Mistake A water licence zone under the Water Plan (Burdekin Basin) 2007water licence 6209091 October 2028Moonie catchment under the Water Plan (Border Rivers and Moonie) 2019all water entitlements to take surface water, other than water entitlements for stock or domestic purposes only30 November 2023Mulgildie North Hutton groundwater unit, Mulgildie North Precipice groundwater sub-area and Mulgildie South Precipice groundwater sub-area under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017all water licences30 November 2026Mulgrave-Russell catchment area under the Water Plan (Wet Tropics) 2013all water entitlements, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water entitlements for which the annual volumetric limit is not more than 2ML30 November 2024Nobby Basalts underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water entitlements, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water entitlements for public amenity or education premises purposes only;(c)water entitlements for which the annual volumetric limit is not more than 5ML31 March 2029Nogoa Mackenzie water management area under the Water Plan (Fitzroy Basin) 2011all water allocations30 November 2025Oakey Creek Alluvium underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water allocations to take underground water30 November 2023Running Creek water management area under the Water Plan (Logan Basin) 2007Note—See sections 1259 and 1264 of the Act.all water allocations30 November 2025Six Mile Creek subcatchment area under the Water Plan (Mary Basin) 2006all water licences, other than licences for stock or domestic purposes only30 November 2026Stanthorpe water management area under the Water Plan (Border Rivers and Moonie) 2019all water allocations in force before the commencement of the Water Plan (Border Rivers and Moonie) 201930 November 2023Stanthorpe water management area under the Water Plan (Border Rivers and Moonie) 2019all water entitlements, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water entitlements for public amenity or education premises purposes only;(c)water entitlements for which the annual volumetric limit is not more than 5ML;(d)all water allocations in force before the commencement of the Water Plan (Border Rivers and Moonie) 201931 March 2029Subcatchment area E under the Water Plan (Burdekin Basin) 2007, other than Mistake A water licence zonewater licence 6211641 July 2026Subcatchment area F and subcatchment area G under the Water Plan (Burdekin Basin) 2007all water entitlements, other than water licences for stock and domestic purposes only1 July 2026Subcatchment area J under the Water Plan (Burnett Basin) 2014water allocation 2189/AP697530 November 2023the plan area under the Water Plan (Barron) 2023all water entitlements, other than licences for stock or domestic purposes only30 November 2026the plan area under the Water Plan (Boyne River Basin) 2013all water licences30 November 2026the plan area under the Water Plan (Calliope River Basin) 2006all water licences, other than licences for stock or domestic purposes only30 November 2026the plan area under the Water Plan (Cape York) 2019, other than the following water licence zones—(a)Lakeland water licence zone 1;(b)Lakeland water licence zone 2all water entitlements, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water entitlements for which the annual volumetric limit is not more than 5ML31 December 2027the plan area under the Water Plan (Mitchell) 2007all water licences, other than licences for stock or domestic purposes only30 November 2026the plan area under the Water Plan (Pioneer Valley) 2002all water entitlements, other than water licences for stock or domestic purposes only30 November 2026the plan area under the Water Plan (Warrego, Paroo, Bulloo and Nebine) 2016all water entitlements to take surface water, other than the following—(a)water entitlements for stock or domestic purposes only;(b)water entitlements to take supplemented water30 November 2025the plan area under the Water Resource (Whitsunday) Plan 2010all water licences in subcatchment areas A, B, C and F, other than the following—(a)water licences for stock or domestic purposes only;(b)water licences to take overland flow water30 November 2026Theresa Retreat water management area under the Water Plan (Fitzroy Basin) 2011all water allocations30 November 2026Tinana Creek subcatchment area under the Water Plan (Mary Basin) 2006all water licences, other than licences for stock or domestic purposes only30 November 2026Toowoomba City Basalts underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water licences, other than water licences for stock or domestic purposes only30 November 2025Upper Condamine water management area downstream of Cecil Plains Weir to the upstream extent of Chinchilla Weir water supply scheme under the Water Plan (Condamine and Balonne) 2019all water allocations to take unsupplemented surface water30 November 2023Upper Hodgson Creek Basalts underground water sub-area under the Water Plan (Condamine and Balonne) 2019all water licences to take water from the Main Range Volcanics Formation, other than licences for stock or domestic purposes only30 November 2025Upper Weir River water management area and the Lower Weir River water management area under the Water Plan (Border Rivers and Moonie) 2019all water allocations to take unsupplemented surface water30 November 2025Wide Bay Creek subcatchment area under the Water Plan (Mary Basin) 2006all water licences, other than licences for stock or domestic purposes only30 November 2026Widgee Creek subcatchment area under the Water Plan (Mary Basin) 2006all water licences, other than licences for stock or domestic purposes only30 November 2026sch 11 amd 2017 SL No. 5 s 12; 2017 SL No. 164 s 74; 2019 SL No. 1 s 26; 2019 SL No. 91 s 7; 2019 SL No. 136 s 10sub 2019 SL No. 204 s 33amd 2020 SL No. 56 s 5; 2020 SL No. 172 s 6; 2021 SL No. 72 s 6; 2021 SL No. 105 s 6; 2022 SL No. 177 s 9; 2023 SL No. 173 s 8Schedule 12Feessections 58(3), 63(b), 130 and 131(1)Fee units1Application for a seasonal water assignment (s 58(3)(b))—(a)for a water allocation184.00(b)for a seasonal water assignment notice184.002Application for a water allocation dealing (s 63(b))137.903Application for a water licence (Act, s 110(b))137.904Application for a dealing with a water licence to renew the licence (Act, s 122(1)(b)) nil5Application for a dealing with a water licence to relocate the licence (Act, s 122(1)(b))405.106Application for a dealing with a water licence for a seasonal water assignment notice for a seasonal water assignment (Act, s 122(1)(b))184.007Application for 1 or more other dealings with a water licence (Act, s 122(1)(b))137.908Water licence fee—for each year (s 131(1))86.809Application for an operations licence (Act, s 206(2)(d))137.9010Application for an allocation of quarry material (Act, s 227(2)(c))—for each 6-month period, or part of a 6-month period, the allocation notice has effect189.1011Application to renew an allocation notice (Act, s 236(2)(b))—for each 6-month period, or part of a 6-month period, the renewed allocation notice has effect189.1012Application for a water bore driller’s licence (Act, s 981(2)(e))—(a)if the applicant relies on section 124(2)(c)(iii) or (iv)1,116.00(b)if the applicant relies on section 125(2)(c)(iii) or (iv)1,630.00(c)if the applicant relies on section 126(2)(c)(iii) or (iv)1,974.00(d)if paragraphs (a) to (c) do not apply621.0013Application to amend a water bore driller’s licence under section 983B of the Act (Act, s 981(2)(e))184.0014Application to renew a water bore driller’s licence (Act, s 983F(2)(c))597.0015Application to reinstate an expired water bore driller’s licence (Act, s 983G(2)(b))621.0016Purchase a copy of a document available for inspection under section 1009(1) of the Act (Act, s 1009(3))—(a)if the copy is generated at an office of the department18.65(b)if the copy is generated electronically14.9017Certifying a copy of a document available for inspection under section 1009(1) of the Act38.1518Investigative search, by the chief executive, of the department’s water entitlement database (not including providing copies of documents)—(a)if no additional computer programming time is required—for each hour or part of an hour76.85(b)if additional computer programming time is required—for each hour or part of an hour189.8019Copy of a report on an entry in the department’s water entitlement database9.1520Testing a meter—for each hour80.1021Reading a meter—(a)for 1 meter89.10(b)for each additional meter on the same or an adjacent property17.50sch 12 sub 2017 SL No. 71 s 80amd 2017 SL No. 122 s 12; 2017 SL No. 204 s 7sub 2018 SL No. 63 s 78; 2019 SL No. 80 s 78amd 2019 SL No. 204 s 34sub 2020 SL No. 107 s 64amd 2020 SL No. 107 s 65; 2021 Act No. 12 s 148sch 3sub 2021 SL No. 70 s 4; 2022 SL No. 60 s 5Schedule 13Fees for continuing interim water allocationssection 132(2)Fee units1Application under section 193 of the unamended Act to transfer all or part of a continuing interim water allocation405.102Application under section 195 of the unamended Act to transfer all or part of a continuing interim water allocation—(a)for 1 application 405.10(b)for each additional application, made at the same time, to transfer to the same land89.103Application under section 198 of the unamended Act to replace jointly held continuing interim water allocation137.904Application under section 216 of the unamended Act to amend continuing interim water allocation137.905Application under section 224 of the unamended Act to amalgamate continuing interim water allocations137.906Application under section 225 of the unamended Act to replace continuing interim water allocation with 2 or more new continuing interim water allocations137.90Note—For items 4, 5 and 6 see section 192 of the unamended Act.sch 13 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78; 2019 SL No. 80 s 78; 2020 SL No. 107 s 64; 2021 SL No. 70 s 4amd 2022 SL No. 60 s 6Schedule 14Water chargessection 133Column 1Column 2Column 3Water management areaDate water year endsWater chargesBarker–Barambah Creeks water management area30 JuneWater harvesting—4.90 fee units for each megalitreBorder Rivers water management area30 JuneWater harvesting—4.90 fee units for each megalitreBowen–Broken Rivers water management area30 JuneWater harvesting—4.90 fee units for each megalitreBoyne and Stuart Rivers water management area30 JuneWater harvesting—4.90 fee units for each megalitreCentral Lockyer water management area30 JuneWater harvesting—4.90 fee units for each megalitreDawson Valley water management area30 SeptemberWater harvesting from zone Dawson B to M as identified in the Fitzroy Basin water management protocol—4.90 fee units for each megalitreDumaresq River water management area30 JuneWater from a watercourse flowing from Glenlyon Dam—(a)part A—12.20 fee units (b)part B—14.95 fee units Fitzroy water management area30 JuneWater harvesting from zone Fitzroy A as identified in the Fitzroy Basin water management protocol—4.90 fee units for each megalitreLogan River water management area30 JuneWater harvesting from Burnett Creek or Logan River—4.90 fee units for each megalitreLower Balonne water management area30 JuneWater harvesting—(a)from a supplemented section of the Thuraggi watercourse or Thuraggi diversion channel—4.90 fee units for each megalitre(b)from Beardmore Dam or from any watercourse downstream of Beardmore Dam to the Queensland/New South Wales border—4.90 fee units for each megalitre Lower Burnett and Kolan Rivers water management area30 JuneWater harvesting—4.90 fee units for each megalitreLower Lockyer water management area30 AprilWater harvesting—4.90 fee units for each megalitreMacintyre Brook water management area30 JuneWater harvesting—4.90 fee units for each megalitreNogoa Mackenzie water management area30 JuneWater harvesting from Lake Maraboon or Nogoa River or Mackenzie River to the junction with Springton Creek—4.90 fee units for each megalitrePioneer River water management area30 JuneWater harvesting from zones Cattle 01, Cattle 02, Pioneer 01, Pioneer 02, Pioneer 03, Pioneer 04 or Silver/McGregor 01 under the Water Plan (Pioneer Valley) 2002 as having effect under section 1259(2)(e) of the Act—4.90 fee units for each megalitreThree Moon Creek water management area30 JuneWater harvesting—4.90 fee units for each megalitreUpper Burnett and Nogo Rivers water management area30 JuneWater harvesting from Nogo River or Burnett River—4.90 fee units for each megalitreUpper Condamine water management area30 JuneWater harvesting from zones UCU-03 (excluding the ponded area of Leslie Dam), UCU-04, UCU-05, UCU-06, UCU-07, UCU-08, UCU-09 or UCU-11 identified in the Condamine and Balonne water management protocol—4.90 fee units for each megalitre Warrill Valley water management area30 JuneWater harvesting—(a)from Reynolds Creek, Warrill Creek from its junction with Reynolds Creek or Bremer River from the junction of Warrill Creek downstream to Berry’s Lagoon—4.90 fee units for each megalitre(b)from Black Gully, Kent’s Lagoon, Normanby Gully, West Branch, Waroolaba Creek or the Upper Warrill systems—4.90 fee units for each megalitresch 14 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78amd 2019 SL No. 1 s 27sub 2019 SL No. 80 s 78amd 2019 SL No. 136 s 11; 2020 SL No. 56 s 6sub 2020 SL No. 107 s 64; 2021 SL No. 70 s 4; 2022 SL No. 60 s 7Schedule 15Royaltiessection 135(1)Fee unitsRemoving State quarry material—for each cubic metre removed—(a)by a local government or other entity established under an Act and that does not represent the State (a statutory body), for its own use0.79(b)by another person for a statutory body if the statutory body issues a certificate stating that the material was supplied to the statutory body for its own use0.79(c)if paragraphs (a) and (b) do not apply2.30sch 15 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78; 2019 SL No. 80 s 78; 2020 SL No. 107 s 64; 2021 SL No. 70 s 4amd 2022 SL No. 60 s 8Schedule 16Drainage ratessection 136Drainage areaDrainage rateBurdekin River drainage area, shown on AP2366829.75 fee units for each hectare of land sch 16 sub 2017 SL No. 71 s 80; 2018 SL No. 63 s 78; 2019 SL No. 80 s 78amd 2020 SL No. 56 s 7sub 2020 SL No. 107 s 64; 2021 SL No. 70 s 4; 2022 SL No. 60 s 9amd 2022 SL No. 177 s 10Schedule 17Underground water areassections 139 and 140Part 1Areas and purposesColumn 1Column 2Area and planPurposes for which water entitlement, water permit or seasonal water assignment notice not requiredBlack River underground water area on plan WM3085stock or domestic purposes if the land concerned does not have access to a reticulated supply, and—(a)the land exists in the same surveyed form it was in at the commencement of this entry; or(b)if the land is subdivided after the commencement of this entry, for each individual parcel of land resulting from the subdivision—the size of the individual parcel is at least 40haBowen underground water area on plan CAS3065(a)stock or domestic purposes(b)a prescribed activityBurdekin underground water area on plan AP10054(a)stock or domestic purposes(b)a prescribed activityDryander underground water area on plan CAS1827(a)stock or domestic purposes(b)a prescribed activityFarnborough underground water area on plan AP10058(a)stock or domestic purposes(b)a prescribed activityFraser Island underground water area on plan AP10063(a)domestic purposes(b)a prescribed activityGreater Western underground water area on plan WM3083(a)stock purposes from aquifers not dealt with under the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017(b)domestic purposes(c)a prescribed activityHighlands underground water area on plan CAS2055(a)stock or domestic purposes(b)a prescribed activityMoreton Island underground water area on plan AP10065(a)stock or domestic purposes(b)a prescribed activityNorth Stradbroke Island underground water area on plan AP10067(a)stock or domestic purposes(b)a prescribed activitySarina underground water area on plan CAS1672(a)stock or domestic purposes(b)a prescribed activityUpper Georgina underground water area on plan WM3088(a)stock or domestic purposes(b)a prescribed activityPart 2Critical distances for non-stock or domestic water boresColumn 1Column 2Column 3Column 4Underground water area as mentioned in part 1, column 1Critical distance from a boundary of a parcel of landCritical distance from a watercourseCritical distance from another water boreBlack River underground water area——300mBowen underground water area100m——Burdekin underground water area——400mDryander underground water area200m40m400mGreater Western underground water area200m—400mHighlands underground water area200m—400mMoreton Island underground water area100m—200mSarina underground water area200m40m400msch 17 amd 2017 SL No. 164 s 75; 2019 SL No. 1 s 28; 2019 SL No. 91 s 8Schedule 18Authority areassection 141Column 1Column 2Former water areaPlanAlva Bore Water Supply AreaAP3961Ardoch Bore Water AreaAP3962Bindebango Bore Water Supply AreaAP3964Cabanda Bore Water Supply AreaAP3965Chesterfield Bore Water Supply AreaAP3967Chippeway Bore Water Supply AreaAP3968Coongoola Bore Water Supply AreaAP3969Cypress Downs Bore Water Supply AreaAP3970Dillalah No. 1 Bore Water AreaAP3971Dillalah No. 2 Bore Water AreaAP3972Euthella Bore Water Supply AreaAP3974Glenlyon Bore Water Supply AreaAP3976Hopeland Bore Water Supply AreaAP3977Jabiru Bore Water AreaAP3979Juanbong Bore Water AreaAP3980Julia Creek Bore Water Supply AreaAP3981Mackunda Downs Bore Water Supply AreaAP3983Maroungle Bore Water Supply AreaAP7344Maxwelton Bore Water Supply AreaAP3985Merridew Bore Water Supply AreaAP3986Minetta Bore Water Supply AreaAP3987Mona Bore Water AreaAP3988Mooro Bore Water Supply AreaAP3989Moselle Bore Water Supply AreaAP3990Murweh Bore Water Supply AreaAP3991Neabul Bore Water Supply AreaAP3993Nebine Bore Water Supply AreaAP3994Nelia Ponds Bore Water Supply AreaAP3995Noondoo Bore Water AreaAP3996Oakhampton Bore Water Supply AreaAP3998Pigurra Bore Water Supply AreaAP3999Sesbania Bore Water Supply AreaAP4000Stamfordham Bore Water Supply AreaAP4001Thomby Bore Water AreaAP4002Toorak Bore Water Supply AreaAP4003Weengallon No. 2 Bore Water Supply AreaAP4005Wellshot Bore Water Supply AreaAP4006Whyenbah Bore Water Supply AreaAP4007Whynot Bore Water AreaAP4008Wierbolla Bore Water Supply AreaAP4009Winbin Bore Water Supply AreaAP4011Yanborra Bore Water Supply AreaAP4013Schedule 19Dictionarysection 3ADITC ...sch 19 def ADITC om 2019 SL No. 1 s 29 (1)amalgamation, for part 4, division 3, see section 33.sch 19 def amalgamation amd 2019 SL No. 204 s 35 (2)amendment, for part 4, division 3, see section 33.sch 19 def amendment amd 2019 SL No. 204 s 35 (3)AMTD means the adopted middle thread distance which is the distance in kilometres, measured along the middle of a watercourse, that a specific point in the watercourse is from the watercourse’s mouth or junction with the main watercourse.announced entitlement see section 29.annual entitlement see section 30.approved meter, for part 11, see section 106.authorisation means a water licence, water permit, water allocation or other authority to take or interfere with water under the Act.authorised meter validator, for part 11, see section 105.Border Rivers Alluvium (deep) means the underground water sub-unit with that name under the Water Plan (Border Rivers and Moonie) 2019.sch 19 def Border Rivers Alluvium (deep) ins 2019 SL No. 136 s 12bulk water supply authority means the Queensland Bulk Water Supply Authority under the South East Queensland Water (Restructuring) Act 2007, section 6.bulk water supply system, for part 6, see section 77.camp means a camp, with an area of no more than 1ha, that does not accommodate more than 60 persons at a time.category 1 levee see section 101(2).category 2 levee see section 101(3).category 3 levee see section 101(4).cessation date, for part 11, see section 105.cessation notice, for part 11, division 6, see section 120(2).class ...sch 19 def class om 2019 SL No. 242 s 14 (1)class A tenure, for part 7, see section 87A(1).sch 19 def class A tenure ins 2019 SL No. 242 s 14 (2)class B tenure, for part 7, see section 87A(2).sch 19 def class B tenure ins 2019 SL No. 242 s 14 (2)class C tenure, for part 7, see section 87A(3).sch 19 def class C tenure ins 2019 SL No. 242 s 14 (2)closing day, for a tender, see section 17(3)(f)(i).continuing interim water allocation, see section 132(1).critical distance, of a non-stock or domestic water bore in a an underground water area mentioned in schedule 17, part 2, column 1, from—

(a)a boundary of a parcel of land—see section 140(2); or

(b)a watercourse—see section 140(3); or

(c)another water bore—see section 140(4).

DICAT course, for part 12, see section 124(2)(c)(i)(A).sch 19 def DICAT course sub 2019 SL No. 1 s 29 (1)–(2)education premises purpose, for schedule 11, means supplying non-potable water to premises used solely for education or training purposes.sch 19 def education premises purpose ins 2023 SL No. 173 s 9excavation means a cavity, of a capacity of more than 2 megalitres, in the surface of land that—

(a)is open: and

(b)results from digging or scooping out material; and

(c)exposes the water table at its intersection with the upper zone of saturation.

exempt bore means—

(a)a water bore used for monitoring—

(i)the physical characteristics of an aquifer: or

(ii)the physical, chemical or biological characteristics of water in an aquifer; orExamples of physical characteristics of water—standing water level, water discharge rate, water pressure

(b)for taking or interfering with water that is not Great Artesian Basin plan related water—any of the following—

(i)a water bore for testing the water production capacity, water production quality or hydraulic properties of an aquifer;

(ii)a water bore for taking water for stock or domestic purposes;

(iii)a non-stock or domestic water bore constructed, erected or installed in an underground water area mentioned in schedule 17, part 2, column 1, but not within the critical distance from a boundary of a parcel of land, a watercourse or another water bore;

(iv)a replacement water bore.

existing authorisation see section 44(1).existing levee see section 1247(2) of the Act.faulty meter, for part 11, see section 105.sch 19 def faulty meter ins 2019 SL No. 1 s 29 (2)Great Artesian Basin plan related water means—

(a)water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies, other than the water in—

(i)the Betts Creek beds groundwater unit; and

(ii)the Cape Rolling Downs groundwater sub-area; and

(iii)the Normanton groundwater area; and

(iv)the Winton Mackunda groundwater unit; and

(b)water that is accessible by drilling through water mentioned in paragraph (a).

sch 19 def Great Artesian Basin plan related water sub 2017 SL No. 164 s 76interested entity, for part 4, division 3, subdivision 2, see section 34(3)(b)(i).levyable mining tenure, for part 7, see section 87A(4).sch 19 def levyable mining tenure ins 2019 SL No. 242 s 14 (2)meter ...sch 19 def meter om 2019 SL No. 1 s 29 (1)meter notice ...sch 19 def meter notice om 2019 SL No. 204 s 35 (1)meter use charge see section 116(1).minimum operating level, for part 6, see section 77.modify, for an existing levee, means any or all of the following—

(a)to raise or lower the height of the levee;

(b)to extend or reduce the length of the levee;

(c)to make another change to the levee that affects the flow of water.

new licence, for part 4, division 3, see section 33.sch 19 def new licence amd 2019 SL No. 204 s 35 (4)nominal entitlement see section 28.non-residential water use, for part 6, see section 77.non-stock or domestic water bore means a water bore for taking water for a purpose other than a stock or domestic purpose.non-urban metering standard, for part 11, see section 105.NUDLC, for part 12, see section 124(2)(a)(i).sch 19 def NUDLC ins 2019 SL No. 1 s 29 (2)office income statement, for part 7, see section 85.office’s estimated costs, for part 7, see section 85.office’s estimated mining costs, for part 7, see section 88A(b).sch 19 def office’s estimated mining costs ins 2019 SL No. 242 s 14 (2)office’s estimated petroleum costs, for part 7, see section 88A(a).sch 19 def office’s estimated petroleum costs ins 2019 SL No. 242 s 14 (2)original licence ...sch 19 def original licence om 2019 SL No. 204 s 35 (1)part A, for water charges mentioned in schedule 14, means the amount payable for each megalitre of nominal entitlement.part B, for water charges mentioned in schedule 14, means the amount payable for each megalitre of water taken up to the annual entitlement.prescribed activity means an activity mentioned in schedule 3 for a general authorisation to take water.priority notice see the Land Title Act 1994, section 139(1).sch 19 def priority notice ins 2017 SL No. 204 s 8public amenity purpose, for schedule 11, means taking water to operate public toilets, showers or laundry rooms.sch 19 def public amenity purpose ins 2023 SL No. 173 s 9Queensland Government business and industry portal ...sch 19 def Queensland Government business and industry portal om 2019 Act No. 17 s 360 sch 1relevant date, for part 7, see section 85.relevant management area, for part 11, see section 105.relevant person, for part 11, see section 105.sch 19 def relevant person ins 2019 SL No. 1 s 29 (2)relevant sub-block, for part 7, see section 87(1).relevant watercourse means any of the following—

(a)Cattle Creek;

(b)Finch Hatton Creek;

(c)McGregor Creek;

(d)Owen Creek;

(e)Sandringham Lagoon.

repealed regulation means the Water Regulation 2002.replacement water bore means a water bore that—

(a)is constructed, installed or erected—

(i)to replace a water bore (the previous bore) used for the taking of, or interfering with, water—

(A)for which a development permit was held or, under section 1048A of the Act, was taken to be held; or

(B)for which a development permit was not required; or

(C)which, under the repealed Sustainable Planning Act 2009, section 681(1), was taken to be a lawful use of the premises in which the previous bore was constructed, installed or erected; and

(ii)within 10m of the location of the previous bore; and

(b)taps the same aquifer tapped by the previous bore.

sch 19 def replacement water bore amd 2017 SL No. 103 s 182residential water use, for part 6, section 77.resource project, for part 7, see section 85.sch 19 def resource project ins 2019 SL No. 242 s 14 (2)SEQ water security program, for part 6, see section 77.settlement notice means a settlement notice under the Land Title Act 1994, part 7A.south-eastern groundwater units and groundwater sub-areas, in relation to the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017, means—

(a)the Mulgildie North Hutton groundwater unit under that plan; and

(b)the following groundwater sub-areas under that plan—

•Crows Nest Marburg

•Crows Nest Woogaroo

•Eastern Downs Marburg

•Eastern Downs Precipice

•Eastern Downs Springbok Walloon

•Gatton Esk Road Marburg

•Gatton Esk Road Woogaroo

•Mulgildie North Precipice

•Mulgildie South Precipice

•Murphys Creek Marburg

•Murphys Creek Woogaroo

•Redbank Creek Woogaroo

•Southern Clarence Moreton Marburg

•Southern Clarence Moreton Walloon

•Southern Clarence Moreton Woogaroo.

sch 19 def south-eastern groundwater units and groundwater sub-areas ins 2017 SL No. 164 s 76 (2)standard terms document see the Land Title Act 1994, section 168.sub-block, for part 7, see section 85.Suncorp Metway Ltd business banking variable lending base rate means the variable base interest rate set by the Suncorp Metway Bank for loans to business entities.supplemented water means water supplied under an interim resource operations licence, resource operations licence or other authority to operate infrastructure.surface water means water in a watercourse.transfer, for part 4, division 3, see section 33.sch 19 def transfer amd 2019 SL No. 204 s 35 (5)transfer notice—

(a)for part 4, division 3, see section 37(2); or

(b)for part 11, division 6, see section 119(2).

sch 19 def transfer notice amd 2019 SL No. 204 s 35 (6)unamended Act means the Act as in force immediately before the commencement of section 1250 of the Act.validation certificate, for part 11, see section 105.validation inspection, for part 11, see section 105.water entitlement database means a database kept by the chief executive containing details of water entitlements. sch 19 def water entitlement database ins 2021 SL No. 105 s 7water licence, for sections 28, 29 and 30, means a water licence not managed under a water management protocol.sch 19 def water licence amd 2019 SL No. 1 s 29 (3)water management area see section 137.works, for part 11, see section 105.