Water Act 2000Reprint noteThis is the last reprint before expiry. Expired on 21 February 2019 by 2019 SL No. 12 s 92(a) (see 2000 Act No. 34 s 1236(3)).Water Plan (Border Rivers) 2003Part 1Preliminary1Short titleThis water plan may be cited as the Water Plan (Border Rivers) 2003.s 1 sub 2014 Act No. 64 s 255 sch 22Commencement(1)Part 5, division 5, commences on 1 July 2004.(2)The remaining provisions commence on the day this plan is notified in the gazette.3Purposes of planThe following are the purposes of this plan—(a)to define the availability of water in the plan area;(b)to provide a framework for sustainably managing water and the taking of water;(c)to identify priorities and mechanisms for dealing with future water requirements;(d)to provide a framework for establishing water allocations;(e)to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems, including, for example, stressed rivers;(f)to regulate the taking of overland flow water.
4DefinitionsThe dictionary in schedule 5 defines particular words used in this plan.Part 2Plan area and water to which plan applies5Plan areaThis plan applies to the area shown as the plan area on the map in schedule 1.5AGroundwater management area(1)The part of the plan area shown as the Border Rivers groundwater management area on the map in schedule 1A is the groundwater management area.(2)The groundwater management area consists of the following (each a groundwater unit)—(a)the Border Rivers fractured rock;(b)the Border Rivers alluvium;(c)the sediments above the Great Artesian Basin.
s 5A ins 2014 SL No. 331s 36Information about plan area(1)The exact location of the plan area boundary is held in digital electronic form by the department.(2)The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.Editor’s note—The boundary location in digital electronic form may be inspected at the department’s head office, Brisbane.7Nodes(1)A node mentioned in this plan is a place—(a)on a watercourse in the plan area; and(b)for which environmental flow objectives are set for performance indicators.
(2)The location of each node is shown on the map in schedule 1 and described in schedule 2.(3)Each node is identified on the map by a letter of the alphabet.8Water to which plan applies(1)This plan applies to surface water and groundwater.(2)The following water is surface water—(a)water in a watercourse or lake;(b)water in springs not connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;(c)overland flow water, other than water in springs connected to water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies.
(3)Groundwater is underground water to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 does not apply.s 8 sub 2006 SL No. 49s 44amd 2014 SL No. 331s 4; 2016 SL No. 216 s 146 sch 20; 2017 SL No. 164 s 78Part 3Outcomes for sustainable management of water9Outcomes, including ecological outcomes, for the plan areaWater is to be allocated and managed in a way that seeks to achieve a balance in the following outcomes—(a)to make water available to sustain current levels of, and to support future growth in, economic activity in the plan area while recognising the social and cultural values of communities in the basin;(b)to support, including by increasing the reliability of water supply, the high value production in the Stanthorpe Shire associated with a high efficiency of water use;(c)to provide increased security in water entitlements for water users, including protecting the probability of being able to obtain water under a water allocation;(d)to support an effective and efficient market in water allocations;(e)to make water from the basin available to be stored and used while retaining water for the riverine and associated environment;(f)to achieve ecological outcomes consistent with maintaining a healthy riverine environment, floodplains and wetlands, including, for example—(i)maintaining pool habitats, and native plants and animals associated with the habitats, in watercourses; and(ii)maintaining natural riverine habitats that sustain native plants and animals; and(iii)maintaining the natural abundance and species richness of native plants and animals associated with habitats within watercourses, riparian zones, floodplains and wetlands; and(iv)maintaining active river-forming processes, including sediment transport; and(v)improving wetland inundation to provide for ecological processes; and(vi)reducing the adverse impact of infrastructure on natural hydraulic bank erosion processes;
(g)to maintain water quality at levels acceptable for water use and to support natural ecological processes;(h)to promote a continual improvement in water use efficiency, both in the plan area generally and on individual properties;(i)to promote improved understanding of the matters affecting the health of riverine and associated systems in the basin;(j)consistency with the Basin Plan 2012 (Cwlth);Note—The Basin Plan 2012 (Cwlth) is made under the Water Act 2007 (Cwlth) and is available at www.comlaw.gov.au/Details/F2012L02240 .
(k)consistency with water sharing agreements and commitments between the State and New South Wales;(l)to protect the productive base of groundwater.
s 9 amd 2014 SL No. 331s 5Part 4Performance indicators and objectivesDivision 1Environmental flow objectives10Performance indicators for environmental flow objectivesThe performance indicators for the environmental flow objectives are as follows—(a)end of system flow;(b)low flow;(c)summer flow;(d)beneficial flooding flow;(e)1 in 2 year flood.
11Environmental flow objective (s 10(a))(1)In preparing the first resource operations plan, the environmental flow objective is that the end of system flow be at least 60.8% of the pre-development flow pattern using scenario BOR0609U.(2)In this section—scenario BOR0609U means the scenario of hydrological events—(a)simulated using the IQQM computer program; and(b)agreed to between the State and New South Wales for working out water sharing rules to meet the environmental flow objective.
s 11 amd 2007 SL No. 126s 312Environmental flow objectives (s 10(b) to (e))The environmental flow objectives are that at each node mentioned in schedule 2A, column 1, the extent to which a performance indicator mentioned in schedule 2A, column 2, for the node, expressed as a percentage of the same indicator for the pre-development flow pattern, is less than the lower percentage, or more than the higher percentage, of the range stated in schedule 2A, column 3, for the indicator be minimised.s 12 sub 2007 SL No. 126s 413Environmental flow objectives (assessing impact of decisions)For making a decision mentioned in section 19(2), the environmental flow objectives are that—(a)the end of system flow be not less than the end of system flow immediately before the decision is made; and(b)at each node mentioned in schedule 2A, column 1, a performance indicator, mentioned in schedule 2A, column 2, for the node be—(i)not less than the lesser of the following—(A)the lower percentage of the range stated in schedule 2A, column 3, for the indicator;(B)the indicator immediately before the decision is made; and
(ii)not more than the greater of the following—(A)the higher percentage of the range stated in schedule 2A, column 3, for the indicator;(B)the indicator immediately before the decision is made.
s 13 amd 2007 SL No. 126s 5Division 2Water allocation security objectives14Performance indicators for water allocation security objectivesThe performance indicators for the water allocation security objectives are—(a)the annual volume probability; and(b)the 45% annual volume probability.
15Water allocation security objectives(1)For making a decision mentioned in section 19(2), the water allocation security objectives are that—(a)the annual volume probability for a water allocation group be at least—(i)for taking unsupplemented water—the annual volume probability for the group immediately before the decision is made; and(ii)for taking supplemented water in the Macintyre Brook water supply scheme—the annual volume probability for the group immediately before the decision is made; and(iii)for taking other supplemented water—34%; and
(b)the 45% annual volume probability for a water allocation group be not less than the 45% annual volume probability for the group immediately before the decision is made.
(2)In this section—Macintyre Brook water supply scheme means the area that consists of—(a)Coolmunda Dam (including the ponded area) on the Macintyre Brook; and(b)the part of Macintyre Brook from the Coolmunda Dam to its confluence with the Dumaresq River.
s 15 amd 2007 SL No. 126s 6Part 5Strategies for achieving outcomesDivision 1Preliminary16Strategies(1)This part states the strategies for achieving the outcomes mentioned in part 3.(2)The strategies—(a)form part of a broad framework for the management of natural resources; and(b)complement other activities, including the National Action Plan for Salinity and Water Quality, for advancing the sustainable management of water.
Division 1ALimitation on taking water without water entitlementdiv hdg ins 2014 SL No. 331s 616ALimitations on taking water without water licence(1)This section prescribes the limitation on the water that may be taken under the Act, section 20(2)(a).(2)The total volume of water a person may take without a water entitlement is limited to 2 megalitres each year.s 16A ins 2014 SL No. 331s 6Division 2Decisions made under this plan17Application of div 2This division applies to decisions about the allocation or management of water in the plan area, other than a decision—(a)about a water permit; or(b)about reinstating or replacing an expired licence; or(c)under the Planning Act; or(d)to grant a water entitlement to a local government or a government agency for supply under operations that were in existence before 20 September 2000; or(e)to grant a water entitlement to an owner of land, other than land adjoining a watercourse, lake or spring, to take water for stock or domestic purposes using works that were in existence before 20 September 2000.
s 17 amd 2009 SL No. 280s 152; 2017 SL No. 103 s 14418Decisions not to increase amount of water taken(1)The chief executive must not make a decision that would increase the average volume of water available to be taken in the plan area.(2)Subsection (1) does not apply to a decision about—(a)taking unallocated water granted under section 41; or(b)taking or interfering with groundwater, other than groundwater in those parts of a groundwater unit that are within the groundwater management area.
(3)However, subsection (1) applies to a decision about an application, in relation to taking water under an authorisation, made but not dealt with before the commencement of this plan.s 18 amd 2008 Act No. 58s 21; 2014 SL No. 142s 30; 2014 SL No. 331s 719Decisions consistent with objectives(1)A decision made in preparing the first resource operations plan must be consistent with the environmental flow objectives mentioned in sections 11 and 12.(2)All other decisions, including making the water allocation change rules in preparing the resource operations plan, must be consistent with—(a)the environmental flow objectives mentioned in sections 12 and 13; and(b)the water allocation security objectives mentioned in section 15.
20Assessing impact of decisions(1)The IQQM computer program’s simulation for the simulation period is used to assess—(a)for section 18—whether the average volume of water available to be taken would increase; and(b)for section 19—consistency with the objectives.
(2)Subsection (1)(a) does not apply to a decision to refuse an application if approving the application would clearly increase the average volume of water available to be taken in the plan area.(3)Subsection (1) does not limit the matters the chief executive may have regard to in assessing the matters mentioned in subsection (1).(4)If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.(5)The chief executive may approve an assessment method for subsection (4) only if the chief executive is satisfied the method will assess the matters mentioned in subsection (1) at least as accurately as the IQQM computer program.21Calculation of performance indicators(1)The performance indicators mentioned in part 4 are calculated on the assumption the unallocated water mentioned in section 39 is being taken.(2)Subsection (3) applies to a decision—(a)that will result in the addition of a water allocation to, or the omission of a water allocation from, a water allocation group; or(b)to grant an application under section 129 or 130 of the Act to change a water allocation.
(3)In assessing the decision’s consistency with the water allocation security objectives, the performance indicators are calculated on the assumption the water allocation being added, omitted or changed is not part of any water allocation group.Division 3Conversion of authorisations to water allocationsSubdivision 1General22Application of div 3This division applies only to—(a)authorisations converted, under the resource operations plan, to water allocations; and(b)water allocations converted, under the resource operations plan, from authorisations.
23Location for taking waterThe location, for taking water, stated on a water allocation must—(a)contain the place at which water could have been taken under the authorisation; and(b)for a water allocation to take supplemented water—be contained within the water supply scheme that contains the place at which water could have been taken under the authorisation.
Subdivision 2Supplemented water24Nominal volume for supplemented waterThe nominal volume for a water allocation to take supplemented water is the annual volume for supplemented water stated on the authorisation.Subdivision 3Unsupplemented water25Maximum rate for taking unsupplemented water(1)The maximum rate for taking water, for a water allocation to take unsupplemented water, is the rate in megalitres a day decided by the chief executive having regard to—(a)for an authorisation that states, in the schedule of terms on the authorisation, a rate for taking water—the stated rate; and(b)for an authorisation that states a pump size, other than for an axial flow pump—the information about pump sizes and maximum rates in schedule 3, columns 1 and 2; and(c)for an authorisation that states a pump size, for an axial flow pump—the information about pump sizes and maximum rates in schedule 3, columns 1 and 3; and(d)for an authorisation that states both a rate and a pump size, the lesser of the following—(i)the rate decided under paragraph (a);(ii)the rate decided under paragraph (b) or (c); and
(e)for another authorisation—the terms or conditions under which water may be taken under the authorisation.
(2)If an authorisation includes a condition limiting the total rate for taking water for the authorisation and any other authorisations, the chief executive must have regard to the condition in deciding the maximum rate for taking water under the water allocations to which the authorisations are converted.26Conditions for taking unsupplemented water(1)In deciding the conditions under which unsupplemented water may be taken under a water allocation, the chief executive must have regard to—(a)the terms or conditions stated on the authorisation; and(b)any existing water sharing arrangements that relate to the authorisation.
(2)Subsection (3) applies if—(a)the authorisation was for water harvesting; and(b)the water that could have been taken by water harvesting could have been stored in a storage that is works that allow taking overland flow water.
(3)The chief executive must impose a condition on the allocation to ensure there is no increase in the volume of overland flow water the storage may take.27Volumetric limit for unsupplemented waterIn deciding the volumetric limit for taking water under an allocation for unsupplemented water, the chief executive must have regard to—(a)for an authorisation to supply town water that states an annual volume—the stated annual volume; and(b)for all other authorisations—(i)the maximum rate for taking the water, decided under section 25; and(ii)the conditions for taking the water, decided under section 26; and(iii)for an authorisation that states an area that may be irrigated—(A)the local availability of water; and(B)the volume of water estimated by the chief executive to be necessary to efficiently irrigate the types of crops grown in the part of the plan area to which the authorisation relates; and
(iv)for other authorisations—the availability of water in the part of the plan area for the water allocation group to which the allocation relates.
28Nominal volume for unsupplemented waterThe nominal volume for a water allocation to take unsupplemented water is the volume decided by the chief executive having regard to—(a)the local availability of water; and(b)the maximum rate for taking the water, decided under section 25; and(c)the conditions for taking the water, decided under section 26; and(d)the volumetric limit for the water, decided under section 27; and(e)the water sharing rules in the resource operations plan.
Division 4Resource operations plan29Water sharing rules(1)The water sharing rules in the resource operations plan must state the circumstances under which a water allocation holder—(a)may start taking water; and(b)must stop taking water.
(2)In deciding the water sharing rules, the chief executive must have regard to—(a)any existing water sharing arrangements for the water to which the rules are to apply; and(b)existing water sharing rules for water in the plan area; and(c)the following—(i)the maximum rates for taking water, decided under section 25; and(ii)the conditions for taking water, decided under section 26; and(iii)the volumetric limits for water, decided under section 27; and
(d)any agreements between the State and New South Wales about sharing water; and(e)the unallocated water mentioned in section 39; and(f)any other authorisations to take water in the part of the plan area; and(g)for authorisations that state an area that may be irrigated—the local availability of water; and(h)for other authorisations—the availability of water in the part of the plan area for the water allocation group to which the allocations relate.
(3)The water sharing rules may state that, despite the volumetric limit for taking water under a water allocation, decided under section 27, the limit does not apply to the allocation while—(a)the holder of the allocation continues storing water using only the works used to store water under the authorisation from which the allocation was converted; and(b)no change is made to the works; and(c)no change is made to the allocation; and(d)the holder does not assign the benefit of any part of the water that may be taken under the allocation.
(4)The resource operations plan may state that a water sharing rule made in accordance with subsection (3) ceases to have effect after a stated period of time.(5)The chief executive must ensure a rule made in accordance with subsection (3) does not increase the average volume of water available to be taken in the plan area.(6)In subsection (3)—change, in relation to a water allocation, has the meaning given by the Act, section 128.30Deciding operating arrangements, supply requirements and environmental management rules(1)In deciding the operating arrangements and supply requirements for water infrastructure and the environmental management rules for the resource operations plan, the chief executive must consider—(a)the impact of the infrastructure’s operation on the following—(i)water quality and temperature;(ii)instream water levels;(iii)the natural movement of sediment;(iv)the bed and banks of watercourses;(v)riparian vegetation;(vi)habitats for native plants and animals; and
(b)the extent to which rapid artificial variations in instream water levels, caused by the operation of the infrastructure, may adversely affect natural ecosystems; and(c)the impact of the infrastructure on the movement of fish and other aquatic species; and(d)whether the movement of water from a watercourse to another watercourse is likely to adversely affect the watercourse to which the water is moved; and(e)the likelihood of fish deaths caused by the operation of the infrastructure.
(2)Subsection (1)—(a)applies only if the arrangements, requirements or rules are a change from the existing practice; and(b)does not limit the matters the chief executive may consider.
31Resource operations plan to meet interstate obligationsThe chief executive must ensure the resource operations plan gives effect to any agreement made between the State and New South Wales about water in the plan area.Division 5Regulation of overland flow water32Limitation on taking overland flow water—Act, s 20(2)(1)A person may not take overland flow water other than—(a)for stock or domestic purposes; or(b)under an authority under section 34; or(c)under an authorisation; or(d)unallocated water granted to the person under the resource operations plan; or(e)overland flow water—(i)of not more than the amount necessary to satisfy the requirements of an environmental authority issued under the Environmental Protection Act 1994; or(ii)that is contaminated agricultural runoff water.
(2)In this section—contaminated agricultural runoff water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’.Editor’s note—A copy of the code is available on the department’s website.s 32amd 2013 Act No. 23s 352sch 1pt 233Decisions about taking overland flow water(1)In deciding an application under the Act about taking overland flow water, the chief executive must consider whether granting the application is likely to adversely affect—(a)cultural values, including, for example, cultural values of local Aboriginal communities; or(b)natural aquatic ecosystems, including, for example, natural wetlands; or(c)users of overland flow water downstream of the area to which the application relates.
Note—See the Planning Regulation 2017, schedule 7, section 5 and schedule 10, section 29 for how the Planning Act regulates operational work involving taking overland flow water.(2)However, subsection (1) does not apply to an application—(a)for a water permit; or(b)to reinstate or replace an expired licence.
s 33 amd 2009 SL No. 280s 153; 2017 SL No. 103 s 14534Taking water using existing works or reconfiguration of existing works authorised(1)Subsection (2) applies to the owner of land on which either of the following is situated—(a)existing works;(b)works that—(i)are a reconfiguration of existing works; and(ii)do not increase the average annual volume of water taken above the average annual volume taken using the existing works.
(2)The owner may continue to take overland flow water, using the works—(a)for 1 year after the commencement of this section; and(b)if the owner gives the chief executive notice of the works, in the approved form, and any further information required by the chief executive about the works—after the notice and information are given.
35Granting water licences for authorities under s 34(1)This section applies if—(a)an owner of land is authorised under section 34 to continue taking overland flow water using works; and(b)the chief executive is satisfied there has been, or may be, an increase, in the average annual volume of overland flow water taken using the works, above the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
(2)The chief executive must—(a)under section 212 of the Act, grant a water licence to replace the authority under section 34; and(b)impose a condition on the licence to ensure the average annual volume of overland flow water that may be taken using the works is not more than the average annual volume that could have been taken under the operating arrangements in place immediately before the commencement of this plan.
36Granting or amending water licences under the resource operations plan(1)For granting, under section 212 of the Act, a water licence to replace an authority under section 34, the resource operations plan—(a)must state the parts of the plan area in which an authority may be replaced by a water licence; and(b)must state the works to which each authority relates; and(c)must consider the extent to which the works allow the taking of—(i)overland flow water under an authority under section 34; and(ii)water under another authorisation; and
(d)to meet the objectives and achieve the outcomes of this plan, may reduce the volume of overland flow water allowed to be taken in a part of the plan area mentioned in paragraph (a) by deciding—(i)the volume of overland flow water available for allocation in the part; and(ii)the share available under each authority to take overland flow water in the part.
(2)The resource operations plan may also decide the share of the water mentioned in subsection (1)(d)(i) available under a water licence granted under section 35 for a part of the plan area mentioned in subsection (1)(a).(3)Section 217 of the Act applies to the amendment of the licence for consistency with the resource operations plan.37Relationship with Sustainable Planning Act 2009s 37 amd 2009 SL No. 280s 154; 2011 Act No. 40s 107 schom 2016 SL No. 216 s 146 sch 20Division 5ARegulation of groundwaterdiv hdg ins 2014 SL No. 331s 837AApplication of div 5AThis division applies to groundwater in those parts of a groundwater unit that are within the groundwater management area.s 37A ins 2014 SL No. 331s 837BElements of water licences(1)A water licence to take or interfere with groundwater must state a nominal entitlement for the licence.(2)In this section—nominal entitlement see the Water Regulation 2016, section 28.s 37B ins 2014 SL No. 331s 8amd 2016 SL No. 216 s 146 sch 2037CConditions for taking groundwaterThe chief executive must consider any existing water sharing rules when deciding the water sharing rules to be included in the resource operations plan for a water licence to take or interfere with groundwater.s 37C ins 2014 SL No. 331s 837DLimitation on taking or interfering with groundwater(1)This section limits the groundwater that may be taken, or interfered with, under section 20(2)(c) of the Act.(2)A person may take or interfere with groundwater only—(a)under a water licence; or(b)under a water permit; or(c)under a seasonal water assignment notice; or(d)for stock or domestic purposes; or(e)for an activity prescribed under a regulation for section 20(2)(a) of the Act.
(3)However, despite subsection (2)(d), a person mentioned in section 37E may take or interfere with groundwater for stock or domestic purposes only under section 37E.s 37D ins 2014 SL No. 331s 837ETaking groundwater for stock or domestic purposes using existing groundwater works(1)This section applies if—(a)a person is taking groundwater from the Border Rivers alluvium for stock or domestic purposes; and(b)the groundwater is being taken from land that is in a service area under the Water Supply (Safety and Reliability) Act 2008 for a retail water service.
(2)The person may take the groundwater using only existing works.(3)In this section—existing works means—(a)works constructed before the commencement; or(b)works constructed in accordance with an agreement with the chief executive that was entered into within 30 days after the commencement; or(c)works replacing works mentioned in paragraph (a) or (b).
s 37E ins 2014 SL No. 331s 837FDirection to chief executive about non-acceptance of application to take groundwater(1)This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater.(2)The chief executive is directed, under section 46(2)(f) of the Act, to refuse to accept the application if granting the application would increase the amount of water that may be taken in the plan area.Note—See section 41 for the process for granting unallocated water.s 37F ins 2014 SL No. 331s 837GRelationship with Sustainable Planning Act 2009s 37G ins 2014 SL No. 331s 8om 2016 SL No. 216 s 146 sch 20Division 6Unallocated waterdiv hdg sub 2014 SL No. 331s 938Unallocated water held as a general reserve and strategic reserveUnallocated water in the plan area is held as a general reserve or a strategic reserve.s 38 sub 2014 SL No. 331s 939Limitations on allocation from general reserveThe allocation of unallocated water from the general reserve is limited to—(a)water in the groundwater units mentioned in schedule 3A, column 1; and(b)the annual volume of water mentioned for each of the groundwater units in schedule 3A, column 2; and(c)water for a use mentioned for each of the groundwater units in schedule 3A, column 3.
s 39 sub 2014 SL No. 331s 940Limitations on allocation from strategic reserve(1)The allocation of unallocated water from the strategic reserve is limited to—(a)water in the parts of the plan area mentioned in schedule 4, column 1; and(b)the average annual volume of water mentioned for each of the parts in schedule 4, column 2; and(c)water for a use mentioned for each of the parts in schedule 4, column 3.
(2)Subsection (1)(b) applies to water from a watercourse, lake or spring.(3)However, the chief executive may instead allow an equivalent volume of water to be taken as overland flow water.(4)For subsection (3), an equivalent volume is the volume, decided by the chief executive, that would have an equivalent impact on the end of system flow.s 40 sub 2014 SL No. 331 s 941Process for granting unallocated waterThe process for granting unallocated water in the plan area is the process stated in the Water Regulation 2016.s 41 sub 2014 SL No. 331 s 9amd 2016 SL No. 216 s 146 sch 2041AGrant of unallocated water to CEWHs 41A ins 2008 Act No. 58 s 22om 2014 SL No. 142 s 3142Continued effect of moratorium notice—Act, s 46(3)s 42 (3)(c) exp 30 June 2004 (see s 42(6))om 2013 Act No. 23 s 352 sch 1pt 243Measuring devicess 43 om 2014 SL No. 142 s 32Division 7Miscellaneous provisions44Taking water from waterholes or lakes(1)This section applies to the chief executive—(a)in making the water allocation change rules in preparing the resource operations plan; and(b)in deciding an application to change the location from which water may be taken under a water allocation.
(2)If a change in the location from which water may be taken under a water allocation would allow the taking of water from a waterhole or lake, the chief executive must impose a condition on the allocation that water may be taken from the waterhole or lake only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows.(3)However, the chief executive need not impose a condition mentioned in subsection (2) if the chief executive is satisfied the taking of water from the waterhole or lake will not adversely affect its cultural and ecological values.Part 6Monitoring and reporting requirementspt hdg sub 2014 SL No. 142s 3345Monitoring and reporting requirements(1)To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3, the resource operations plan must state—(a)the monitoring requirements for water and natural ecosystems for this plan; and(b)the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
(2)Subsection (1) does not limit the monitoring requirements the chief executive may impose for this plan.s 45 sub 2014 SL No. 142s 3346Minister’s report on plan—Act, s 53s 46 sub 2014 SL No. 142s 33om 2016 SL No. 216 s 146 sch 2047Water infrastructure operators to give reportss 47 om 2014 SL No. 142s 3348Minister’s report on plan—Act, s 53s 48 om 2014 SL No. 142s 33Part 7Implementing and amending this plan49Implementation schedule(1)This section states—(a)the proposed arrangements for implementing this plan; and(b)the priorities for the conversion to, or granting of, water allocations.
(2)Within 1 year after the commencement of this plan, it is proposed to prepare a resource operations plan—(a)to convert the following authorisations to water allocations—(i)authorisations to take supplemented water;(ii)authorisations to take unsupplemented water, other than authorisations that state an area that may be irrigated or authorisations for water spreading; and
(b)to make environmental management rules, water sharing rules, water allocation change rules and seasonal water assignment rules; and(c)to implement the monitoring requirements in part 6.
(3)Section 217 of the Act applies to the part of an authorisation, mentioned in subsection (2)(a), that is a water licence not converted to a water allocation.(4)Within 5 years after the commencement of this plan, it is proposed to prepare a new resource operations plan or amend the plan mentioned in subsection (2) to convert to water allocations authorisations to take unsupplemented water that state an area that may be irrigated.(5)Subsections (2) and (4) do not limit the matters that may be included in the resource operations plan.(6)In this section—authorisation does not include an authorisation to take overland flow water.50Minor or stated amendments of plan—Act, s 57The following types of amendment may be made to this plan under section 57(b) of the Act—(a)an amendment of an environmental flow objective or a water allocation security objective, or a performance indicator for an objective, if the amendment achieves an equivalent or improved environmental flow and water allocation security outcome;(b)an amendment to part 5, division 3, that—(i)does not adversely affect meeting the environmental flow objectives or water allocation security objectives or achieving the outcomes; and(ii)does not result in a water allocation holder being able to take less water under the allocation than the holder would have been able to take before the amendment;
(d)an amendment or addition of a monitoring or reporting requirement under part 6;(e)an amendment of schedule 5, definition works that allow taking overland flow water.
s 50 amd 2013 Act No. 23s 352sch 1pt 2Part 8Transitional provision for Water Resource Plans Amendment Plan (No. 2) 2014pt 8 (s 51) ins 2014 SL No. 331s 1051Existing applications for water licence to take or interfere with groundwater(1)This section applies to an application made under section 206 of the Act for a water licence to take or interfere with groundwater in the plan area that has not been decided before the commencement.(2)The chief executive is directed, under section 46(2)(f) of the Act, to refuse to grant the application.pt 8 (s 51) ins 2014 SL No. 331s 10Schedule 1Plan area and nodessections 5 and 7 and schedule 5, definition plan area![]()
Schedule 1ABorder Rivers groundwater management areasection 5A![]()
sch 1A ins 2014 SL No. 331 s 11Schedule 2Node descriptionssection 7(2)NodeLocation
ABarwon River at Mungindi (AMTD 3.3km)
BWeir River upstream of the confluence of the river and the Macintyre River (AMTD 0km)
CMacintyre River at Kanowna (AMTD 94km)
DWeir River at Talwood (AMTD 89.3km)
EMacintyre River at the Boomi Weir (AMTD 147km)
FMacintyre River at Goondiwindi (AMTD 275.4km)
GDumaresq River downstream of the confluence of Macintyre Brook and the Dumaresq River (AMTD 38.2km)
HDumaresq River at Mingoola (AMTD 184km)
IMacintyre Brook at Booba Sands (AMTD 15.9km)
JSevern River at Farnbro (AMTD 198.6km)
sch 2 amd 2007 SL No. 126 s 7Schedule 2APerformance indicator rangessections 12 and 13Column 1Column 2Column 3
NodePerformance indicatorRange (%)
Alow flow66–133
summer flow66–133
beneficial flooding37–133
1 in 2 year flooding44–133
Blow flow66–138
summer flow66–133
beneficial flooding29–133
1 in 2 year flooding29–133
Clow flow66–133
summer flow66–151
beneficial flooding58–133
1 in 2 year flooding66–133
Dlow flow66–133
summer flow66–133
beneficial flooding66–133
1 in 2 year flooding66–133
Elow flow66–133
summer flow66–152
beneficial flooding66–133
1 in 2 year flooding66–133
Flow flow66–133
summer flow66–155
beneficial flooding66–133
1 in 2 year flooding66–133
Glow flow66–133
summer flow66–138
beneficial flooding66–133
1 in 2 year flooding66–133
Hlow flow66–133
summer flow66–133
beneficial flooding66–133
1 in 2 year flooding66–133
Ilow flow66–133
summer flow66–133
beneficial flooding66–133
1 in 2 year flooding66–133
Jlow flow66–133
summer flow66–133
beneficial flooding66–133
1 in 2 year flooding66–133
sch 2A ins 2007 SL No. 126 s 8Schedule 3Pump sizes and maximum ratessection 25Column 1Column 2Column 3
Pump size (mm)Maximum rate (ML/day)Maximum rate (ML/day)
320.5
401
502.2
653.9
805.6
1007.3
1257.3
15012.1
20015.6
25021.6
30025.9
35034.6
375 to 40043.2
50047.570
600 to 61086.4120
660120
700 to 720150200
750 to 770180220
780 to 810200235
Schedule 3AAllocation of unallocated water—general reservesection 39Column 1Column 2Column 3
Groundwater unitAnnual volumeUse
Border Rivers fractured rock418MLAny
sediments above the Great Artesian Basin3,000MLAny
sch 3A ins 2014 SL No. 331 s 12Schedule 4Allocation of unallocated water—strategic reservesection 39Column 1Column 2Column 3
Part of the plan areaAverage annual volumeUse
Stanthorpe Water Management Area3,000MLIrrigation and associated industry
Stanthorpe Water Management Area1,500MLTown water supply
sch 4 sub 2008 Act No. 58 s 23amd 2014 SL No. 142 s 34; 2014 SL No. 331 s 13Schedule 5Dictionarysection 41 in 2 year flood means the daily flow that has a 50% probability of being reached at least once a year.45% annual volume probability, for a water allocation group for taking unsupplemented water, means the percentage of years in the simulation period in which the volume of water that may be taken by the group is at least 45% of the total of the nominal volumes for the group.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, the watercourse’s junction with the main watercourse or the border between the State and New South Wales.annual volume probability means—(a)for a water allocation group for taking unsupplemented water—the percentage of years in the simulation period in which the volume of water that may be taken by the group is at least the total of the nominal volumes for the group; and(b)for a water allocation group for taking supplemented water—the average annual volume of water that may be taken by the group in the simulation period as a percentage of the total of the nominal volumes for the group.
authorisation—(a)means a licence, permit or other authority to take water given under the Act or the repealed Act, other than a permit for stock or domestic purposes; and(b)includes, for part 5, division 3, a development permit for works for taking water under the authorisation.
average volume of water available to be taken means the average volume of water allowed to be taken under authorisations, calculated for the simulation period.beneficial flooding flow means the median of the wet season 90-day flows for the years in the simulation period.daily flow, for a node, means the volume of water that flows past the node in a day.end of system flow means the volume of water from the plan area that crosses the border from the State into New South Wales at node A and to the west of node A in the simulation period.existing works—1Existing works means works that—(a)allow taking overland flow water; and(b)either—(i)were in existence on 20 September 2000; or(ii)were started, but not completed by 20 September 2000 and—(A)if a variation to a moratorium notice was granted for the works under section 27 of the Act—have been, or are being, completed in accordance with the moratorium notice, as varied; or(B)if subsubparagraph (A) does not apply—were completed by 30 November 2001.
2The term does not include works that allow taking overland flow water only for stock or domestic purposes.
groundwater see section 8.def groundwater sub 2014 SL No. 331 s 14groundwater management area see section 5A.def groundwater management area ins 2014 SL No. 331 s 14(2)groundwater unit see section 5A.def groundwater unit ins 2014 SL No. 331 s 14(2)IQQM computer program means the department’s Integrated Quantity and Quality Modelling computer program, and associated modelling, statistical analysis and reporting programs, that simulate daily stream flows, flow management, storages, releases, instream infrastructure, water extractions, water demands and other hydrologic events in the plan area.low flow means the total number of days in the simulation period in which the daily flow is not more than half the pre-development median daily flow.node see section 7.plan area means the area shown as the plan area on the map in schedule 1.pre-development flow pattern means the pattern of water flows, during the simulation period, decided by the chief executive using the IQQM computer program as if—(a)there were no dams or other water infrastructure on watercourses in the plan area; and(b)no water was taken under authorisations from watercourses or floodplains in the plan area.
pre-development median daily flow means the median of the daily flows in the simulation period for the pre-development flow pattern.resource operations plan means the resource operations plan to implement this plan.Note—See the Act, section 1266.def resource operations plan amd 2016 SL No. 216 s 146 sch 20simulation period means the period from 1 January 1890 to 30 September 2000.started, for existing works, means—(a)construction of the works had physically started, or if construction had not physically started, a contract had been entered into to start construction, and construction had started, by 19 November 2000; and(b)an independently verifiable construction program existed for progressive construction towards completion of the works; and(c)detailed design plans existed showing, among other things, the extent of the works; and(d)if a permit under the Local Government Act 1993, section 940 was required for the works—the permit had been issued; and(e)if a development permit was required for the works—the permit had been given.
summer means the period from 1 December in a year until the end of February in the following year.summer flow means the average number of summer flow days in the simulation period.summer flow day, for a summer, means a day in the summer in which the daily flow is more than the pre-development median daily flow.supplemented water means water supplied under an interim resource operations licence, resource operations licence or other authority to operate water infrastructure.surface water see section 8.def surface water ins 2014 SL No. 331 s 14(2)unsupplemented water means water that is not supplemented water.water allocation group means—(a)for taking supplemented water—the water allocations in a priority group in a water supply scheme; and(b)for taking unsupplemented water—the water allocations in a part of the plan area stated in the resource operations plan.
waterhole means a part of a watercourse that contains water after the watercourse ceases to flow, other than a part of a watercourse that is within the storage area of a dam on the watercourse.wet season 90-day flow, for a year, means the total flow in the continuous 90 day period with the highest total of daily flows.works that allow taking overland flow water include—(a)storages, sumps, drains, embankments, channels and pumps for taking, or that can be used for taking, overland flow water; and(b)storages that are connected to the works mentioned in paragraph (a); and(c)works that make, or that can be used to make, the original connection between the storages mentioned in paragraph (b) and the works mentioned in paragraph (a).