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Queensland
WATER AMENDMENT
BILL 2001
Queensland
WATER AMENDMENT BILL 2001
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 24 (Beds and banks forming boundaries of land are State
property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Amendment of s 36 (Obtaining water information) . . . . . . . . . . . . . . . . . . . 10
7 Replacement of s 37 (Non-disclosure of commercially sensitive information) 10
37 Notice of works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
40A Further public notice of proposal to prepare draft water resource plan 11
9 Amendment of s 42 (Moratorium notices) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
42A Application to vary effect of moratorium notice . . . . . . . . . . . . . . . . 13
11 Amendment of s 46 (Content of draft water resource plans) . . . . . . . . . . . . 14
12 Insertion of new s 49A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
49A Minister may prepare further draft water resource plan . . . . . . . . . . 16
13 Amendment of s 54 (Matters the reports must include) . . . . . . . . . . . . . . . . 16
14 Amendment of s 55 (When water resource plans may be amended or replaced) 16
15 Amendment of s 73 (Requirement for land and water management plans) . 16
16 Amendment of s 77 (Deciding application for approval of land and water
management plan) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
17 Insertion of new s 78A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
78A Minor amendment of land and water management plan . . . . . . . . . . 18
18 Amendment of s 97 (Notice of proposal to water infrastructure operators) . 18
2
Water Amendment Bill 2001
19 Amendment of s 98 (Content of draft resource operations plan) . . . . . . . . . 18
20 Amendment of s 101 (Additional requirements for notices for draft resource
operations plans that establish water allocations) . . . . . . . . . . . . . . . . . . . . . 19
21 Replacement of s 107 (Converting interim resource operations licences) . . 19
107 Effect of resource operations plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Amendment of s 110 (Conditions of resource operations licence) . . . . . . . . 19
23 Insertion of new s 111A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
111A Amending a resource operations licence under a resource operations
plan process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Insertion of new s 120A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
120A Cancelling resource operations licence no longer required . . . . . . . . 20
25 Amendment of s 121 (Converting water entitlements) . . . . . . . . . . . . . . . . . 21
26 Amendment of s 122 (Granting water allocations) . . . . . . . . . . . . . . . . . . . . 21
27 Insertion of new s 122A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
122A Chief executive may approve standard supply contracts . . . . . . . . . . 22
28 Amendment of s 125 (Amending water allocations). . . . . . . . . . . . . . . . . . . 22
29 Insertion of new s 128A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
128A Amalgamation or subdivision of water allocations . . . . . . . . . . . . . . 23
30 Replacement of ss 129 and 130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
129 Changing water allocations under water allocation change rules . . . 24
130 Other changes to water allocations . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Amendment of s 131 (Additional information may be required) . . . . . . . . . 25
32 Amendment of s 132 (Public notice of application to transfer water allocation) 26
33 Amendment of s 134 (Deciding application to transfer or change
water allocation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Amendment of s 135 (Registering approved application to transfer or
change water allocation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Omission of ss 136 and 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Amendment of s 138 (Water allocations may be forfeited) . . . . . . . . . . . . . 27
37 Amendment of s 143 (Additional information may be required) . . . . . . . . . 27
38 Amendment of s 150 (Interests and dealings that may be registered). . . . . . 28
39 Amendment of s 169 (Applying for interim resource operations licence) . . 28
40 Amendment of s 180 (Additional information may be required) . . . . . . . . . 28
41 Insertion of new s 184A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Water Amendment Bill 2001
184A Amending an interim resource operations licence to meet future water
requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Amendment of s 187 (Granting interim water allocations). . . . . . . . . . . . . . 29
43 Amendment of s 189 (Granting interim water allocations). . . . . . . . . . . . . . 29
44 Amendment of ch 2, pt 5, div 3, sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Insertion of new ss 189A and 189B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
189A Contents of interim water allocation . . . . . . . . . . . . . . . . . . . . . . . . . 30
189B Conditions of interim water allocation . . . . . . . . . . . . . . . . . . . . . . . 30
46 Replacement of s 190 (Amending renewing, transferring or cancelling
interim water allocation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
190 Dealing with an interim water allocation. . . . . . . . . . . . . . . . . . . . . . 31
47 Amendment of s 192 (Deciding application to transfer by interim resource
operations licence holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
48 Insertion of new ss 195-197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
195 Surrendering an interim water allocation. . . . . . . . . . . . . . . . . . . . . . 32
196 Effect of disposal of part of land to which interim water allocation attaches
32
197 Effect of acquisition of part of land to which interim water
allocation attaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Renumbering of ss 189A-197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
50 Insertion of new s 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
203 Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
51 Amendment of s 207 (Additional information may be required) . . . . . . . . . 34
52 Amendment of s 208 (Public notice of application for water licence) . . . . . 34
53 Amendment of s 212 (Granting a water licence under a plan process). . . . . 35
54 Amendment of s 213 (Contents of water licence) . . . . . . . . . . . . . . . . . . . . . 35
55 Amendment of s 214 (Conditions of water licence) . . . . . . . . . . . . . . . . . . . 35
56 Amendment of s 222 (Transferring water licence to another owner of the land) 36
57 Amendment of s 228 (Effect of licensee ceasing to be an owner of land) . . 36
58 Amendment of s 229 (Effect of disposal of part of land to which water
licence attaches) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Insertion of new ss 229A and 229B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
229A Effect of disposal of part of land to which water licence to interfere with
water attaches. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Water Amendment Bill 2001
229B Effect of acquisition of part of land to which water licence to take
water attaches. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
60 Amendment of s 232 (Additional information may be required) . . . . . . . . . 38
61 Amendment of s 238 (Additional information may be required) . . . . . . . . . 38
62 Amendment of s 301 (Deciding application for water bore driller's licence) 38
63 Amendment of s 302 (Conditions of water bore driller's licence) . . . . . . . . 38
64 Amendment of s 376 (Notice of intention to stop operating as a
service provider) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
65 Replacement of s 382 (Power to direct remedial work) . . . . . . . . . . . . . . . . 39
382 Power to direct remedial work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Amendment of s 386 (Compensation for damage) . . . . . . . . . . . . . . . . . . . . 40
67 Amendment of s 408 (Preparing strategic asset management plan) . . . . . . . 40
68 Amendment of s 435 (Deciding application for exemption). . . . . . . . . . . . . 41
69 Amendment of s 471 (Suspending or cancelling trade waste approval) . . . . 41
70 Amendment of s 481 (Meaning of "referable dam") . . . . . . . . . . . . . . . . . . 41
71 Amendment of s 482 (Meaning of "failure impact assessment") . . . . . . . . . 41
72 Amendment of s 483 (When a dam must be failure impact assessed) . . . . . 42
73 Amendment of s 490 (Rejecting failure impact assessment) . . . . . . . . . . . . 43
74 Amendment of s 491 (Safety conditions for existing referable dams) . . . . . 43
75 Amendment of s 492 (Changing safety conditions) . . . . . . . . . . . . . . . . . . . 43
76 Amendment of s 494 (Emergency powers) . . . . . . . . . . . . . . . . . . . . . . . . . . 44
77 Omission of s 518 (Non-disclosure of commercially sensitive information) 44
78 Amendment of s 548 (Establishing water authorities) . . . . . . . . . . . . . . . . . 44
79 Replacement of s 583 (Identification and disclosure of cross-subsidies) . . . 44
583 Identification and disclosure of cross-subsidies. . . . . . . . . . . . . . . . . 44
80 Replacement of s 598 (Composition of board for water authorities) . . . . . . 45
598 Composition of board for water authorities . . . . . . . . . . . . . . . . . . . . 45
598A Changing the composition of a board . . . . . . . . . . . . . . . . . . . . . . . . 45
81 Amendment of s 602 (Administration of water authority) . . . . . . . . . . . . . . 46
82 Amendment of s 816 (Unauthorised water bore activities). . . . . . . . . . . . . . 47
83 Amendment of s 851 (Who is an interested person) . . . . . . . . . . . . . . . . . . . 47
84 Amendment of s 862 (Who may apply for internal review) . . . . . . . . . . . . . 47
85 Amendment of s 864 (Review decision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
5
Water Amendment Bill 2001
86 Amendment of s 877 (Who may appeal). . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
87 Amendment of s 921 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
88 Amendment of s 955 (Governor in Council may appoint administrator to
operate infrastructure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
89 Insertion of new s 959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
959 Displacement provision for Corporations legislation . . . . . . . . . . . . 50
90 Amendment of s 966 (Additional criteria for assessing
developmentapplications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
91 Amendment of s 967 (IPA approval for development is subject to approval
under this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
92 Amendment of s 968 (Chief executive may direct works to be modified or
removed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
93 Amendment of s 970 (Allocation of quarry material is subject to IPA approval) 53
94 Replacement of s 971 (Development applications for referable dams). . . . . 53
971 Development applications for referable dams . . . . . . . . . . . . . . . . . . 53
95 Insertion of new s 1004A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
1004A Referral panels established by the Minister. . . . . . . . . . . . . . . . . . . . 53
96 Amendment of s 1006 (Declarations about watercourses) . . . . . . . . . . . . . . 54
97 Amendment of s 1007 (Records to be kept by registrar of titles) . . . . . . . . . 54
98 Insertion of new s 1010A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
1010A Non-disclosure of commercially sensitive information. . . . . . . . . . . 55
99 Insertion of new s 1013A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
1013A Fees and charges payable to the chief executive . . . . . . . . . . . . . . . . 56
100 Amendment of s 1014 (Regulation-making power) . . . . . . . . . . . . . . . . . . . 56
101 Amendment of s 1041 (Completed water allocation and management plans) 57
102 Amendment of s 1046 (Declared subartesian areas) . . . . . . . . . . . . . . . . . . . 57
103 Replacement of s 1048 (Existing applications, licences and permits) . . . . . 58
1048 Existing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
1048A Existing licences, permits and approvals. . . . . . . . . . . . . . . . . . . . . . 60
1048B Existing trade waste approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
104 Amendment of s 1049 (Existing applications about water in irrigation or
project areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
105 Amendment of s 1063 (Existing water or sewered areas) . . . . . . . . . . . . . . . 63
106 Amendment of s 1065 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . 64
6
Water Amendment Bill 2001
107 Insertion of new s 1065A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
1065A Transitional provision for dams containing hazardous waste . . . . . . 64
108 Amendment of s 1067 (Failure impact assessing existing unlicensed dams) 65
109 Amendment of s 1068 (Failure impact assessing prescribed licensed dams) 65
110 Amendment of s 1069 (Failure impact assessing licensed dams not prescribed) 66
111 Amendment of s 1089 (Existing authorities to take, or interfere with, water) 66
112 Insertion of new s 1132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
1132 Transitional regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . 66
113 Amendment of sch 2 (Amendments about planning matters). . . . . . . . . . . . 67
114 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
115 Consequential amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 74
CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 75
MINOR AMENDMENTS
2001
A BILL
FOR
An Act to amend the Water Act 2000, and for other purposes
s1 8 s4
Water Amendment Bill 2001
The Parliament of Queensland enacts-- 1
1 Short title
Clause 2
This Act may be cited as the Water Amendment Act 2001. 3
2 Commencement
Clause 4
(1) Section 4(1) is taken to have commenced on 1 July 2000. 5
(2) Sections 4(2) and 105 are taken to have commenced on 6
13 September 2000. 7
(3) The remaining provisions of this Act commence on assent. 8
3 Act amended
Clause 9
This Act amends the Water Act 2000. 10
4 Amendment of s 2 (Commencement)
Clause 11
(1) Section 2(1)(a), `18 and 19'-- 12
omit, insert-- 13
`19 and 20'. 14
(2) Section 2-- 15
insert-- 16
`(2A) Section 1063 commences on 1 October 2000.'. 17
(3) Section 2-- 18
insert-- 19
`(2B) The following sections, as inserted by the Water Amendment Act 20
2001, commence on the assent of that Act-- 21
· section 37 22
· section 40A 23
· section 42A 24
· section 49A 25
s5 9 s5
Water Amendment Bill 2001
· section 78A 1
· section 107 2
· section 111A 3
· section 120A 4
· section 122A 5
· sections 128A to 130 6
· section 184A 7
· sections 189A to 190 8
· sections 195 to 197 9
· section 382 10
· section 583 11
· sections 598 to 598A 12
· section 959 13
· section 1004A 14
· section 1010A 15
· section 1013A.'. 16
(4) Section 2(2A) to (3)-- 17
renumber as section 2(3) to (5). 18
5 Amendment of s 24 (Beds and banks forming boundaries of land 19
are State property)
Clause 20
(1) Section 24(3)-- 21
omit, insert-- 22
`(3) However, a person (the "owner") who may take water under 23
section 20(3)-- 24
(a) may exercise a right of access for himself or herself, the owner's 25
family, executive officers, employees, agents and stock over the 26
part of the bed or bank, of the watercourse or lake, that adjoins 27
the owner's land; and 28
s6 10 s7
Water Amendment Bill 2001
(b) may exercise a right of grazing for the person's stock over the 1
part of the bed or bank, of the watercourse or lake, that adjoins 2
the owner's land; and 3
(c) may bring an action against a person who trespasses on the part 4
of the bed or bank, of the watercourse or lake, that adjoins the 5
owner's land as if the owner were the registered owner of the bed 6
and bank. 7
`(4) If part of the bed or bank is being used by the State for a purpose 8
under this Act-- 9
(a) subsection (3)(a) and (b) applies only to the extent exercising the 10
right does not interfere with the State's use of the bed or bank; 11
and 12
(b) subsection (3)(c) does not allow the owner to bring an action 13
against a person acting on behalf of the State.'. 14
6 Amendment of s 36 (Obtaining water information)
Clause 15
Section 36(1), from `a notice'-- 16
omit, insert-- 17
`a notice requiring information-- 18
(a) the person is required to keep under a condition of the person's 19
authority; or 20
(b) about the person's water use.'. 21
7 Replacement of s 37 (Non-disclosure of commercially sensitive 22
information)
Clause 23
Section 37-- 24
omit, insert-- 25
`37 Notice of works 26
`(1) This section applies to works for taking or interfering with water 27
under section 20(6).1 28
1 Section 20 (Authorised taking of water without water entitlement)
s8 11 s8
Water Amendment Bill 2001
`(2) A regulation may require the owner of land on which the works are, 1
or are to be, constructed to notify the chief executive of the works. 2
`(3) The regulation-- 3
(a) may require the notice to be in the approved form; and 4
(b) must state -- 5
(i) the part of the State to which the regulation applies; and 6
(ii) the type of works required to be notified, including the 7
purpose and size of the works; and 8
(iii) whether the notice relates to 1 or more of the following-- 9
(A) existing works; 10
(B) works that have been under construction for more than 11
a stated period of time; 12
(C) on their completion, works constructed in the future; 13
and 14
(iv) the day by which the notice must be given to the chief 15
executive. 16
`(4) As soon as practicable after the regulation is made, the chief 17
executive must conduct public meetings in the part of the State to which the 18
regulation applies to explain the requirements of the regulation to land 19
owners.'. 20
8 Insertion of new s 40A
Clause 21
After section 40-- 22
insert-- 23
`40A Further public notice of proposal to prepare draft water resource 24
plan 25
`(1) If, after considering all properly made submissions about the 26
proposed draft water resource plan, the Minister is satisfied a further notice 27
should be published under section 40, the Minister must-- 28
(a) publish the notice; and 29
(b) update the information report prepared under section 39. 30
`(2) For sections 41 and 42, a notice published under subsection (1) is 31
taken to be a notice published under section 40. 32
s9 12 s9
Water Amendment Bill 2001
`(3) However-- 1
(a) a community reference panel already established for the 2
proposed plan is the community reference panel for the notice 3
published under subsection (1); and 4
(b) a moratorium notice already published for the proposed plan is a 5
moratorium notice for the notice published under 6
subsection (1).'. 7
9 Amendment of s 42 (Moratorium notices)
Clause 8
(1) Section 42(2)(d), `flow'-- 9
omit. 10
(2) Section 42(4)(a) to (c)-- 11
omit, insert-- 12
`(a) new works must not be physically started; and 13
(b) completed works in existence must not be raised, enlarged or 14
deepened; and 15
(c) works that have been started-- 16
(i) may be completed only to the extent stated in the notice; 17
and 18
(ii) must be completed by the day stated in the notice; and 19
(d) a person who is completing works that have been started must 20
give the chief executive notice about the works by the day stated 21
in the notice; and 22
(e) construction of works must stop if notice has not been given 23
under paragraph (d).'. 24
(3) Section 42(6), `subsection (4)'-- 25
omit, insert-- 26
`a moratorium notice'. 27
(4) Section 42(7)-- 28
omit, insert-- 29
`(7) The notice has effect-- 30
(a) from the later of the following-- 31
s 10 13 s 10
Water Amendment Bill 2001
(i) the day stated in the notice; 1
(ii) the day the notice is published; and 2
(b) until-- 3
(i) the Minister publishes a notice under section 52; or 4
(ii) a final draft of the draft water resource plan, for which the 5
notice is published, is approved.'. 6
(5) Section 42(8), words before paragraph (b)-- 7
omit, insert-- 8
`(8) For this section, and for section 42A, works are not started unless-- 9
(a) construction of the works has physically started, or if 10
construction has not physically started, a contract has been 11
entered into to start construction, and construction is started, 12
within 60 days after the day the notice is published; and'. 13
10 Insertion of new s 42A
Clause 14
After section 42-- 15
insert-- 16
`42A Application to vary effect of moratorium notice 17
`(1) Subsection (2) applies to an owner of land a moratorium notice 18
affects if-- 19
(a) the owner is completing works that had been started at the time 20
the notice was published; and 21
(b) the works will not be completed by the day stated in the notice 22
(the "completion day"); and 23
(c) the owner wishes to apply for an extension of the completion day. 24
`(2) The owner-- 25
(a) must stop construction of the works by the completion day; and 26
(b) may apply to the Minister for an extension of the completion day 27
if-- 28
(i) the works are substantially completed; or 29
(ii) the works will not be completed by the completion day 30
because of a change in circumstances beyond the applicant's 31
s 11 14 s 11
Water Amendment Bill 2001
control including, for example, construction difficulties, 1
extreme bad weather or the applicant's ill health. 2
`(3) The application must-- 3
(a) be in the approved form; and 4
(b) be accompanied by the prescribed fee; and 5
(c) be made before the completion day; and 6
(d) show that the works were started before the notice was 7
published; and 8
(e) show the extent to which the works are completed and the extent 9
to which the applicant anticipates the works will be completed by 10
the completion day; and 11
(f) state the day by which the applicant anticipates the works will be 12
completed; and 13
(g) if the works are not completed because of circumstances 14
mentioned in subsection (2)(b)(ii)--state the circumstances. 15
`(4) The Minister must refer the application to a referral panel 16
established under section 1004A. 17
`(5) When the Minister receives the referral panel's recommendation, the 18
Minister must-- 19
(a) decide the application, taking into account the panel's 20
recommendation; and 21
(b) give the applicant notice of the decision; and 22
(c) publish the decision in the gazette. 23
`(6) If the Minister grants the application, the moratorium notice, for the 24
applicant, is varied in the following way-- 25
(a) the completion day, for the works, is the day stated in the 26
Minister's notice; 27
(b) the works may be completed to the extent stated in the notice.'. 28
11 Amendment of s 46 (Content of draft water resource plans)
Clause 29
(1) Section 46(1)(e)-- 30
omit, insert-- 31
s 12 15 s 12
Water Amendment Bill 2001
`(e) state the outcomes, including, without limiting the requirement 1
to state outcomes, the ecological outcomes, for the sustainable 2
management of the water; and 3
(ea) state the strategies proposed to achieve the outcomes to the 4
extent possible from the best scientific information available; 5
and'. 6
(2) Section 46(1)(ea) to (g)-- 7
renumber as section 46(1)(f) to (h). 8
(3) Section 46(2)(b), after `where'-- 9
insert-- 10
`, and the way in which,'. 11
(4) Section 46(2)-- 12
insert-- 13
`(i) the plan's objectives and performance indicators for the 14
objectives.'. 15
(5) Section 46(3)-- 16
omit, insert-- 17
`(3) If a moratorium notice was published for the draft plan, the draft 18
plan may provide for the continuation, completely or partly, of the effect of 19
the moratorium notice until a resource operations plan is approved for the 20
plan. 21
`(4) If the draft plan provides a framework for establishing water 22
allocations, the draft plan must state the following-- 23
(a) performance indicators for environmental flow objectives and 24
water allocation security objectives; 25
(b) environmental flow objectives; 26
(c) water allocation security objectives; 27
(d) priorities for the conversion to or granting of water allocations.'. 28
12 Insertion of new s 49A
Clause 29
After section 49-- 30
insert-- 31
s 13 16 s 15
Water Amendment Bill 2001
`49A Minister may prepare further draft water resource plan 1
`(1) If, after considering all properly made submissions about the draft 2
water resource plan, the Minister is satisfied a further draft water resource 3
plan should be prepared, the Minister must prepare a further plan. 4
`(2) Sections 47 to 49 also apply to the further draft water resource 5
plan.'. 6
13 Amendment of s 54 (Matters the reports must include)
Clause 7
Section 54(b), `meeting the plan's objectives'-- 8
omit, insert-- 9
`achieving the plan's outcomes'. 10
14 Amendment of s 55 (When water resource plans may be amended 11
or replaced)
Clause 12
Section 55(2), `environmental flow objectives or water allocation 13
security'-- 14
omit. 15
15 Amendment of s 73 (Requirement for land and water 16
management plans)
Clause 17
(1) Section 73(1), `Subsection (3)'-- 18
omit, insert-- 19
`Subsection (5)'. 20
(2) Section 73(2)(b), `189'-- 21
omit, insert-- 22
`187'. 23
(3) Section 73(2)(c)-- 24
omit, insert-- 25
`(c) if-- 26
(i) the person continues an enterprise, previously operated by 27
another person, comprising either-- 28
s 16 17 s 16
Water Amendment Bill 2001
(A) land and the water allocation to irrigate the land; or 1
(B) land to which an interim water allocation attaches; and 2
(ii) at the time the person started operating the enterprise-- 3
(A) subsection (1) did not apply to the other person; and 4
(B) the other person was not required, whether under a 5
contract with the State or otherwise, to have an 6
approved land and water management plan for the use 7
of the water on the land; or'. 8
(4) Section 73-- 9
insert-- 10
`(2A) However, subsection (1)(a) applies to a person, other than a 11
person mentioned in subsection (2)(c), who acquires an interim water 12
allocation from a person mentioned in subsection (2)(b) and continues to 13
apply to the person, and to any person who subsequently acquires the 14
interim water allocation, even if-- 15
(a) the interim water allocation is converted under section 121; and 16
(b) the person is granted a water allocation. 17
`(2B) Subsection (1)(a) also applies to a person mentioned in 18
subsection (2)(a) or (c) if the location from which the water may be taken 19
under the allocation is changed.'. 20
(5) Subsections (2A) to (3)-- 21
renumber as subsections (3) to (5). 22
16 Amendment of s 77 (Deciding application for approval of land 23
and water management plan)
Clause 24
Section 77-- 25
insert-- 26
`(6) If the plan replaces a previously approved plan, the previously 27
approved plan expires on the day the chief executive gives the information 28
notice.'. 29
s 17 18 s 19
Water Amendment Bill 2001
17 Insertion of new s 78A
Clause 1
After section 78-- 2
insert-- 3
`78A Minor amendment of land and water management plan 4
Despite section 78(2), the chief executive may approve an amendment of 5
a land and water management plan without sections 74 to 77 applying in 6
either of the following circumstances-- 7
(a) if the amendment is only to correct a minor error in the plan or to 8
make another change that is not a change of substance; 9
(b) if the plan states that an amendment of a stated type may be made 10
to the plan by amendment under this subsection--to make an 11
amendment of the stated type.'. 12
18 Amendment of s 97 (Notice of proposal to water infrastructure 13
operators)
Clause 14
(1) Section 97(1), `transfer rules'-- 15
omit, insert-- 16
`change rules'. 17
(2) Section 97(2), from `in accordance with'-- 18
omit, insert-- 19
`to comply with the requirements of-- 20
(a) the water resource plan or draft water resource plan; or 21
(b) if notice of a draft amendment of the existing plan has been 22
published under section 49--the existing plan as it would be if 23
amended by the amendment mentioned in the notice; or 24
(c) if notice of a new draft plan has been published under 25
section 49--the new draft plan mentioned in the notice.'. 26
19 Amendment of s 98 (Content of draft resource operations plan)
Clause 27
(1) Section 98(4)(a), from `water licences'-- 28
omit, insert-- 29
s 20 19 s 22
Water Amendment Bill 2001
`water licences, interim water allocations and other authorities, to take 1
water or to interfere with the flow of water, to water allocations;'. 2
(2) Section 98(4)(b) and (5), `transfer rules'-- 3
omit, insert-- 4
`change rules'. 5
20 Amendment of s 101 (Additional requirements for notices for 6
draft resource operations plans that establish water allocations)
Clause 7
Section 101(b)-- 8
omit, insert-- 9
`(b) existing interest holders may give the chief executive a notice in 10
the approved form stating the interest holder intends to take 11
action to have the holder's interest recorded on the water 12
allocations register.'. 13
21 Replacement of s 107 (Converting interim resource operations 14
licences)
Clause 15
Section 107-- 16
omit, insert-- 17
`107 Effect of resource operations plan 18
`On and from the day a resource operations plan has effect-- 19
(a) the interim resource operations licences and other authorisations 20
to operate infrastructure identified in the plan cease to have 21
effect; and 22
(b) the chief executive must grant resource operations licences in the 23
approved form and in accordance with the plan for the water to 24
which the plan applies.'. 25
22 Amendment of s 110 (Conditions of resource operations licence)
Clause 26
Section 110(2)(b), from `environmental'-- 27
omit, insert-- 28
`the objectives of the water resource plan for the area to which the 29
licence relates.'. 30
s 23 20 s 24
Water Amendment Bill 2001
23 Insertion of new s 111A
Clause 1
After section 111-- 2
insert-- 3
`111A Amending a resource operations licence under a resource 4
operations plan process 5
(1) Subsection (2) applies if a resource operations plan states a process 6
for amending a resource operations licence. 7
(2) The chief executive must follow the process and amend the licence in 8
accordance with the process. 9
(3) Within 30 business days after the chief executive amends the licence, 10
the chief executive must give the licence holder-- 11
(a) an amended licence in the approved form; and 12
(b) an information notice. 13
(4) The amended licence takes effect from the day the chief executive 14
gives the licence holder the information notice.'. 15
24 Insertion of new s 120A
Clause 16
Chapter 2, part 4, division 3, subdivision 5-- 17
insert-- 18
`120A Cancelling resource operations licence no longer required 19
`(1) The chief executive may cancel a resource operations licence if-- 20
(a) another resource operations licence has been granted to replace 21
the licence to be cancelled; or 22
(b) the chief executive and the resource operations licence holder 23
have agreed the resource operations licence is no longer required. 24
`(2) If the chief executive decides to cancel the resource operations 25
licence, the chief executive must, within 30 business days after making the 26
decision, give the resource operations licence holder an information notice 27
about the cancellation. 28
`(3) The cancellation takes effect from the day the chief executive gives 29
the resource operations licence holder the notice.'. 30
s 25 21 s 26
Water Amendment Bill 2001
25 Amendment of s 121 (Converting water entitlements)
Clause 1
(1) Section 121(1)(a) and (b)-- 2
omit, insert-- 3
`(a) all water licences, interim water allocations or other authorities 4
to take water, to be converted under the plan or the amendment, 5
expire and the chief executive must grant to the holders of the 6
expired water licences, interim water allocations or other 7
authorities, the water entitlements stated in the plan or 8
amendment; and'. 9
(2) Section 121(1)(c)-- 10
renumber as section 121(1)(b). 11
(3) Section 121(2)-- 12
omit, insert-- 13
`(2) However, if the allocation is managed under a resource operations 14
licence-- 15
(a) if the allocation holder does not have a supply contract with the 16
resource operations licence holder--the parties must, within 17
60 business days after the allocation is granted, enter into a 18
supply contract for the allocation; and 19
(b) the registrar must not act under subsection (1)(b) until the 20
registrar has received from the resource operations licence holder 21
notice of the existence of the supply contract.'. 22
(4) Section 121(4), `section 101(a) or (b)(i)'-- 23
omit, insert-- 24
`section 101'. 25
(5) Section 121(6), `section 101(b)(i)'-- 26
omit, insert-- 27
`section 101(b)'. 28
26 Amendment of s 122 (Granting water allocations)
Clause 29
Section 122(4)-- 30
omit, insert-- 31
s 27 22 s 28
Water Amendment Bill 2001
`(4) However, if the allocation is managed under a resource operations 1
licence-- 2
(a) the allocation holder must, within 60 business days after the 3
allocation is granted, enter into a supply contract for the 4
allocation with the resource operations licence holder; and 5
(b) the registrar must not act under subsection (3) until the registrar 6
has received from the resource operations licence holder notice 7
of the existence of the supply contract.'. 8
27 Insertion of new s 122A
Clause 9
After section 122-- 10
insert-- 11
`122A Chief executive may approve standard supply contracts 12
`(1) The chief executive may approve standard supply contracts for the 13
storage and delivery by resource operations licence holders of water under 14
water allocations. 15
`(2) Different supply contracts may be approved for different areas of the 16
State. 17
`(3) The chief executive must gazette the approval of each standard 18
supply contract. 19
`(4) If, within 60 business days after an allocation is granted, the 20
allocation holder and the resource operations licence holder do not have a 21
supply contract for the allocation, the standard supply contract for the area 22
applies to the allocation. 23
`(5) The parties to the supply contract must review the contract within 24
1 year after the day the contract takes effect.'. 25
28 Amendment of s 125 (Amending water allocations)
Clause 26
(1) Section 125(1)-- 27
omit, insert-- 28
`(1) Subsection (2) applies if-- 29
(a) a resource operations plan or amendment of a resource 30
operations plan states that a water allocation must be amended; 31
or 32
s 29 23 s 29
Water Amendment Bill 2001
(b) the number of the resource operations licence, under which a 1
water allocation is managed, is changed. 2
(2) Section 125(2), `the plan'-- 3
omit, insert-- 4
`the plan or the change'. 5
29 Insertion of new s 128A
Clause 6
After section 128-- 7
insert-- 8
`128A Amalgamation or subdivision of water allocations 9
`(1) A water allocation holder may apply to the chief executive to-- 10
(a) amalgamate 2 or more water allocations into a single water 11
allocation; or 12
(b) subdivide a water allocation into 2 or more water allocations. 13
`(2) The application must be-- 14
(a) in the approved form; and 15
(b) accompanied by the fee prescribed under a regulation. 16
`(3) The chief executive must approve the application, with or without 17
conditions, if the chief executive is satisfied the amalgamation or 18
subdivision is consistent with the resource operations plan. 19
`(4) The chief executive must not approve the application if the 20
amalgamation or subdivision would result in an increase in the holder's 21
entitlement under the allocation or allocations. 22
`(5) The chief executive must, within 10 business days after deciding the 23
application-- 24
(a) give the applicant an information notice; and 25
(b) if the chief executive approves the application--give the 26
applicant a certificate stating that the proposed change is 27
approved. 28
`(6) The certificate-- 29
(a) must be in the approved form; and 30
(b) remains valid for-- 31
s 30 24 s 30
Water Amendment Bill 2001
(i) the number of days stated in the certificate; or 1
(ii) if the certificate does not state the number of 2
days--40 business days. 3
`(7) If the applicant gives the certificate to the registrar, the registrar must 4
record on the water allocations register details of the amalgamation or 5
subdivision. 6
`(8) The amalgamation or subdivision has effect the day the registrar 7
records the change in the register.'. 8
30 Replacement of ss 129 and 130
Clause 9
Sections 129 and 130-- 10
omit, insert-- 11
`129 Changing water allocations under water allocation change rules 12
`(1) Subsection (2) applies to a change to a water allocation if the change 13
is permitted under the water allocation change rules of a resource 14
operations plan. 15
`(2) The allocation holder may apply to the chief executive to change the 16
allocation in accordance with the rules. 17
`(3) The application-- 18
(a) must be in the approved form; and 19
(b) may relate to 1 or more of the elements of the allocation 20
mentioned in section 128; and 21
(c) must be accompanied by the fee prescribed under a regulation. 22
`(4) If the change to which the application relates is permitted under the 23
resource operations plan, the chief executive must give the applicant a 24
certificate stating that the proposed change is allowed under the plan. 25
`(5) The certificate-- 26
(a) must be in the approved form; and 27
(b) remains valid for-- 28
(i) the number of days stated in the certificate; or 29
(ii) if the certificate does not state the number of 30
days--40 business days. 31
s 31 25 s 31
Water Amendment Bill 2001
`(6) If the applicant gives the certificate to the registrar, the registrar must 1
record on the water allocations register details of the change. 2
`(7) However, if the allocation is managed under a resource operations 3
licence, the registrar must not act under subsection (6) until the registrar 4
has received from the resource operations licence holder notice in the 5
approved form of the existence of a supply contract between the allocation 6
holder and the resource operations licence holder. 7
`(8) The change has effect the day the registrar records the change in the 8
register. 9
10
`130 Other changes to water allocations 11
`(1) Subsection (2) applies to a change to a water allocation if the change 12
is not mentioned in a resource operations plan. 13
`(2) The allocation holder may apply to the chief executive to change the 14
allocation. 15
`(3) The application-- 16
(a) must be in the approved form; and 17
(b) may relate to 1 or more of the elements of the allocation 18
mentioned in section 128; and 19
(c) must be supported by sufficient information to enable the chief 20
executive to decide the application; and 21
(d) must be accompanied by the fee prescribed under a regulation.'. 22
31 Amendment of s 131 (Additional information may be required)
Clause 23
Section 131-- 24
insert-- 25
`(2) If the applicant fails, without reasonable excuse, to comply with the 26
requirement within the reasonable time stated in the requirement, the 27
application lapses.'. 28
s 32 26 s 33
Water Amendment Bill 2001
32 Amendment of s 132 (Public notice of application to transfer 1
water allocation)
Clause 2
Section 132, heading, `transfer'-- 3
omit, insert-- 4
`change'. 5
33 Amendment of s 134 (Deciding application to transfer or change 6
water allocation)
Clause 7
(1) Section 134, heading, `transfer or'-- 8
omit. 9
(2) Section 134(1), `transfer'-- 10
omit, insert-- 11
`change'. 12
(3) Section 134(1)(a)-- 13
omit, insert-- 14
`(a) is compatible with the objectives of the water resource plan for 15
the area to which the water allocation relates; and'. 16
(4) Section 134(4)(b)-- 17
omit, insert-- 18
`(b) if the chief executive approves the application--give the 19
applicant a certificate stating that the change has been approved. 20
`(5) The certificate-- 21
(a) must be in the approved form; and 22
(b) remains valid for-- 23
(i) the number of days stated in the certificate; or 24
(ii) if the certificate does not state the number of 25
days--40 business days.'. 26
s 34 27 s 37
Water Amendment Bill 2001
34 Amendment of s 135 (Registering approved application to 1
transfer or change water allocation)
Clause 2
(1) Section 135, heading, `transfer or'-- 3
omit. 4
(2) Section 135(1)-- 5
omit, insert-- 6
`(1) If the applicant gives the certificate to the registrar, the registrar must 7
record on the water allocations register the details of the change.'. 8
(3) Section 135(3), `transfer or'-- 9
omit. 10
35 Omission of ss 136 and 137
Clause 11
Sections 136 and 137-- 12
omit. 13
36 Amendment of s 138 (Water allocations may be forfeited)
Clause 14
Section 138-- 15
insert-- 16
`(10) Section 122A(4) and (5)2 applies to the purchaser of an allocation 17
under this section as if the allocation were granted on the day the allocation 18
was sold.'. 19
37 Amendment of s 143 (Additional information may be required)
Clause 20
Section 143-- 21
insert-- 22
`(2) If the applicant fails, without reasonable excuse, to comply with the 23
requirement within the reasonable time stated in the requirement, the 24
application lapses.'. 25
2 Section 122A (Chief executive may approve standard supply contracts)
s 38 28 s 41
Water Amendment Bill 2001
38 Amendment of s 150 (Interests and dealings that may be 1
registered)
Clause 2
Section 150(3) and (4)-- 3
omit, insert-- 4
`(3) If the chief executive is given a notice under section 101(b), the 5
registrar may, for 40 business days after the day details of the water 6
allocation are recorded on the register under section 121(1)(b), record a 7
dealing for the water allocation only in accordance with the priorities stated 8
in section 121(6) and (7). 9
`(4) If a water allocation is managed under a resource operations licence, 10
the registrar must not record a transfer of the allocation until the registrar 11
has received from the resource operations licence holder notice in the 12
approved form of the existence of a supply contract between the allocation 13
holder and the resource operations licence holder.'. 14
39 Amendment of s 169 (Applying for interim resource operations 15
licence)
Clause 16
Section 169(b)(i), `supplied by the applicant to'-- 17
omit, insert-- 18
`stored or released by the applicant and taken by'. 19
40 Amendment of s 180 (Additional information may be required)
Clause 20
Section 180-- 21
insert-- 22
`(2) If the applicant fails, without reasonable excuse, to comply with the 23
requirement within the reasonable time stated in the requirement, the 24
application lapses.'. 25
41 Insertion of new s 184A
Clause 26
After section 184-- 27
insert-- 28
s 42 29 s 43
Water Amendment Bill 2001
`184A Amending an interim resource operations licence to meet future 1
water requirements 2
`(1) Subsection (2) applies if a water resource plan or a resource 3
operations plan states a process for amending an interim resource 4
operations licence to meet future water requirements. 5
`(2) The chief executive must-- 6
(a) follow the process and amend the licence in accordance with the 7
process; and 8
(b) within 30 business days after the day the chief executive amends 9
the licence, give the licence holder-- 10
(i) an amended licence in the approved form; and 11
(ii) an information notice. 12
`(3) The amended licence takes effect from the day the chief executive 13
gives the licence holder the information notice.'. 14
42 Amendment of s 187 (Granting interim water allocations)
Clause 15
(1) Section 187(4)-- 16
omit. 17
(2) Section 187(5)-- 18
renumber as section 187(4). 19
43 Amendment of s 189 (Granting interim water allocations)
Clause 20
(1) Section 189(1), after `subdivision 2,'-- 21
insert-- 22
`or amends an interim resource operations licence under section 184A,'. 23
(2) Section 189(3)-- 24
omit. 25
(3) Section 189(4)-- 26
renumber as section 189(3). 27
s 44 30 s 45
Water Amendment Bill 2001
44 Amendment of ch 2, pt 5, div 3, sdiv 3
Clause 1
Chapter 2, part 5, division 3, subdivision 3, heading-- 2
omit, insert-- 3
`Subdivision 3--Contents and conditions of interim water allocations'. 4
45 Insertion of new ss 189A and 189B
Clause 5
Subdivision 3-- 6
insert-- 7
`189A Contents of interim water allocation 8
An interim water allocation-- 9
(a) must state the water to which the allocation relates; and 10
(b) must state the location from which the water may be taken or at 11
which it may be interfered with; and 12
(c) may be amended, transferred, amalgamated, subdivided or 13
surrendered; and 14
(d) attaches to the land of the holder unless the holder is-- 15
(i) the interim resource operations licence holder; or 16
(ii) a local government; or 17
(iii) a water authority; or 18
(iv) an entity prescribed under a regulation. 19
20
`189B Conditions of interim water allocation 21
`(1) An interim water allocation is subject to the conditions-- 22
(a) prescribed under a regulation; and 23
(b) the chief executive may impose for a particular interim water 24
allocation. 25
`(2) Without limiting subsection (1), the conditions may require the 26
holder to do all or any of the following-- 27
(a) commence taking or interfering with water authorised under the 28
allocation within a stated time; 29
s 46 31 s 47
Water Amendment Bill 2001
(b) install a measuring device to measure the volume of water, the 1
rate and the time at which it is taken or interfered with; 2
(c) take the water authorised to be taken under the allocation; 3
(d) provide and maintain access to alternative water supplies for 4
other water entitlement holders who would be affected by the 5
granting of the licence; 6
(e) carry out and report on a stated monitoring program; 7
(f) give relevant information reasonably required by the chief 8
executive for the administration or enforcement of this Act. 9
`Subdivision 4--Dealing with interim water allocations'. 10
46 Replacement of s 190 (Amending renewing, transferring or 11
cancelling interim water allocation)
Clause 12
Section 190-- 13
omit, insert-- 14
`190 Dealing with an interim water allocation 15
`(1) To the extent the procedure for dealing with an interim water 16
allocation is not stated in this division, the allocation may be dealt with 17
under part 6, division 2 as if the allocation were a water licence. 18
`(2) However-- 19
(a) section 208 does not apply to a dealing that is in accordance with 20
the conditions of the interim resource operations licence under 21
which the interim water allocation is managed; and 22
(b) section 220 does not apply to an interim water allocation as an 23
interim water allocation does not require renewal.'. 24
47 Amendment of s 192 (Deciding application to transfer by interim 25
resource operations licence holder)
Clause 26
Section 192(4), `191(1)(a)'-- 27
omit, insert-- 28
`193(1)(a)'. 29
s 48 32 s 48
Water Amendment Bill 2001
48 Insertion of new ss 195-197
Clause 1
After section 194-- 2
insert-- 3
`195 Surrendering an interim water allocation 4
`(1) The holder of an interim water allocation may surrender the 5
allocation by giving the chief executive a notice of surrender. 6
`(2) The surrender takes effect on the day the notice is received by the 7
chief executive. 8
`(3) The chief executive must deal with the surrendered interim water 9
allocation under section 138(6) to (9) as if-- 10
(a) the interim water allocation were a forfeited water allocation; and 11
(b) a reference in the section to a resource operations licence were a 12
reference to an interim resource operations licence. 13
`196 Effect of disposal of part of land to which interim water allocation 14
attaches 15
`(1) Subsection (2) applies if-- 16
(a) an interim water allocation is attached to land; and 17
(b) the registered owner of the land disposes of part of the land. 18
`(2) The interim water allocation is surrendered to the State on the day 19
the owner disposes of the part. 20
`(3) However, within 60 business days after the owner disposes of the 21
part, 1 or more of the owners of the land to which the surrendered interim 22
water allocation related may apply for 1 or more interim water allocations 23
("replacement interim water allocations") to replace the surrendered 24
interim water allocation. 25
`(4) The application must be-- 26
(a) in the approved form; and 27
(b) accompanied by the fee prescribed under a regulation. 28
`(5) If an application is made to replace the interim water allocation, the 29
surrendered interim water allocation is taken to have been in force until-- 30
(a) the applicant has been notified of the chief executive's decision 31
on the application; or 32
s 48 33 s 48
Water Amendment Bill 2001
(b) if the application is refused and the applicant has appealed 1
against the decision--the day on which notification of the final 2
outcome of the appeal has been given to the applicant. 3
`(6) Subject to subsection (7), the application must be dealt with as if the 4
application were an application under section 225 and the interim water 5
allocation were a water licence. 6
`(7) The chief executive must also give notice of the application to all the 7
registered owners of the land to which the surrendered interim water 8
allocation related. 9
`(8) The notice must state-- 10
(a) that a written submission may be made about the application; and 11
(b) a day by which the submission must be made, and the person to 12
whom, and the place where, the submission must be made. 13
`(9) The day stated under subsection (8)(b) must not be earlier than 14
30 business days after the day the notice is given. 15
`(10) If an owner does not apply under subsection (3) within 60 business 16
days, the chief executive must deal with the surrendered interim water 17
allocation under section 197(3). 18
`197 Effect of acquisition of part of land to which interim water 19
allocation attaches 20
`(1) This section applies if part of the land to which an interim water 21
allocation is attached is taken under the Acquisition of Land Act 1967. 22
`(2) If the remaining part of the land continues to adjoin the watercourse, 23
lake or spring from which water may be taken under the interim water 24
allocation, the interim water allocation-- 25
(a) is not surrendered under section 198; and 26
(b) may be amended under section 190 so it attaches to the 27
remaining part of the land. 28
`(3) If the remaining part of the land no longer adjoins the watercourse, 29
lake or spring, section 198 applies to the acquisition as if the acquisition 30
were a disposal.'. 31
s 49 34 s 52
Water Amendment Bill 2001
49 Renumbering of ss 189A-197
Clause 1
Sections 189A to 197-- 2
renumber as sections 190 to 199. 3
50 Insertion of new s 203
Clause 4
Chapter 2, part 6, division 1-- 5
insert-- 6
`203 Definition for pt 6 7
`In this part-- 8
"owner", of land, means any of the following-- 9
(a) the registered proprietor of the land; 10
(b) the lessee or licensee of the land under the Land Act 1994; 11
(c) the lessee of the land under a registered lease under the Land 12
Title Act 1994; 13
(d) the holder of a mineral development licence or mining lease 14
under the Mineral Resources Act 1989.'. 15
51 Amendment of s 207 (Additional information may be required)
Clause 16
Section 207-- 17
insert-- 18
`(3) If the applicant fails, without reasonable excuse, to comply with the 19
requirement within the reasonable time stated in the requirement, the 20
application lapses.'. 21
52 Amendment of s 208 (Public notice of application for water 22
licence)
Clause 23
(1) Section 208-- 24
insert-- 25
`(6A) If the applicant fails, without reasonable excuse, to comply with 26
subsection (6), the application lapses.'. 27
s 53 35 s 55
Water Amendment Bill 2001
(2) Section 208(6A) to (8)-- 1
renumber as section 208(7) to (9). 2
53 Amendment of s 212 (Granting a water licence under a plan 3
process)
Clause 4
Section 212(1), `to meet future water requirements'-- 5
omit. 6
54 Amendment of s 213 (Contents of water licence)
Clause 7
Section 213(e)-- 8
omit, insert-- 9
`(e) attaches to the licensee's land unless the licensee is-- 10
(i) the interim resource operations licence holder; or 11
(ii) the resource operations licence holder; or 12
(iii) a local government; or 13
(iv) a water authority; or 14
(v) an entity prescribed under a regulation.'. 15
55 Amendment of s 214 (Conditions of water licence)
Clause 16
Section 214-- 17
insert-- 18
`(3) If section 206(3) applies to the licence, the licensee must, within 19
40 business days after receiving the licence, register the instrument of lease 20
or easement under the Land Title Act 1994. 21
`(4) If the licensee fails, without reasonable cause, to register the 22
instrument under subsection (3), the chief executive may cancel the 23
licence.3'. 24
3 See section 227 (Cancelling water licence).
s 56 36 s 58
Water Amendment Bill 2001
56 Amendment of s 222 (Transferring water licence to another owner 1
of the land)
Clause 2
(1) Section 222, heading, `owner of the land'-- 3
omit, insert-- 4
`person'. 5
(2) Section 222(1)-- 6
insert-- 7
`(c) if the licensee is an entity mentioned in section 206(4)--another 8
entity mentioned in section 206(4).'. 9
(3) Section 222(3)(a), `subsection (1)(a)'-- 10
omit, insert-- 11
`subsection (1)(a) or (c)'. 12
57 Amendment of s 228 (Effect of licensee ceasing to be an owner of 13
land)
Clause 14
Section 228-- 15
insert-- 16
`(7) In this section-- 17
"owner", of land, includes an occupier of the land who was the holder of 18
an entitlement to take water in relation to the land-- 19
(a) in force under the repealed Act immediately before the 20
commencement of this section; and 21
(b) that is, under section 1048(5), taken to be a water licence.'. 22
58 Amendment of s 229 (Effect of disposal of part of land to which 23
water licence attaches)
Clause 24
(1) Section 229, heading, after `licence'-- 25
insert-- 26
`to take water'. 27
s 59 37 s 59
Water Amendment Bill 2001
(2) Section 229(1)(a), after `licence'-- 1
insert-- 2
`to take water'. 3
59 Insertion of new ss 229A and 229B
Clause 4
Chapter 2, part 6, division 2, subdivision 5-- 5
insert-- 6
`229A Effect of disposal of part of land to which water licence to 7
interfere with water attaches 8
`(1) This section applies if-- 9
(a) a water licence to interfere with the flow of water on, under or 10
adjoining land is attached to land; and 11
(b) the registered owner of the land disposes of part of the land. 12
`(2) If the location at which water may be interfered with is on, under or 13
adjoining either the part of the land disposed of or the part retained by the 14
owner, the licence attaches to the part and may be amended under 15
section 219 to show the change. 16
`(3) However, if the location at which water may be interfered with is on, 17
under or adjoining both the part of the land disposed of and the part 18
retained, the licence must be amended by the chief executive under 19
section 219 so that it is held jointly by both the owner of the part retained 20
and the owner of the part disposed of. 21
`229B Effect of acquisition of part of land to which water licence to 22
take water attaches 23
`(1) This section applies if part of the land to which a water licence to 24
take water is attached is taken under the Acquisition of Land Act 1967. 25
`(2) If the remaining part of the land continues to adjoin the watercourse, 26
lake or spring from which water may be taken under the licence, the 27
licence-- 28
(a) does not expire under section 229; and 29
(b) may be amended under section 219 so it attaches to the 30
remaining part of the land. 31
s 60 38 s 63
Water Amendment Bill 2001
`(3) If the remaining part of the land no longer adjoins the watercourse, 1
lake or spring, section 229 applies to the acquisition as if the acquisition 2
were a disposal. 3
`(4) If the acquisition includes an acquisition of the licence, section 222 4
applies for transferring the licence to the entity that acquired the land.'. 5
60 Amendment of s 232 (Additional information may be required)
Clause 6
Section 232-- 7
insert-- 8
`(2) If the applicant fails, without reasonable excuse, to comply with the 9
requirement within the reasonable time stated in the requirement, the 10
application lapses.'. 11
61 Amendment of s 238 (Additional information may be required)
Clause 12
Section 238-- 13
insert-- 14
`(2) If the applicant fails, without reasonable excuse, to comply with the 15
requirement within the reasonable time stated in the requirement, the 16
application lapses.'. 17
62 Amendment of s 301 (Deciding application for water bore driller's 18
licence)
Clause 19
(1) Section 301(3), `deciding the application'-- 20
omit, insert-- 21
`deciding to grant the application'. 22
(2) Section 301(5)-- 23
omit. 24
63 Amendment of s 302 (Conditions of water bore driller's licence)
Clause 25
Section 302(1)(a), after `regulation'-- 26
insert-- 27
`, including the period for which the licence has effect'. 28
s 64 39 s 65
Water Amendment Bill 2001
64 Amendment of s 376 (Notice of intention to stop operating as a 1
service provider)
Clause 2
(1) Section 376(2), `20'-- 3
omit, insert-- 4
`at least 60'. 5
(2) Section 376-- 6
insert-- 7
`(3) The notice must-- 8
(a) be in the approved form; and 9
(b) state the day by which the service provider intends to stop 10
supplying the service. 11
`(4) The regulator may require-- 12
(a) the service provider to give additional information about the 13
notice; or 14
(b) any information included in the notice, or any additional 15
information required under paragraph (a), to be verified by 16
statutory declaration. 17
`(5) If the service provider fails, without reasonable excuse, to comply 18
with the requirement within the reasonable time stated in the requirement, 19
the notice given under subsection (2) is of no effect. 20
`(6) If the service provider continues supplying the service after the day 21
stated in the notice-- 22
(a) the notice ceases to have effect as a notice for subsection (2); and 23
(b) if the service provider is again likely to stop supplying the 24
service--the service provider must give a further notice under 25
subsection (2).'. 26
65 Replacement of s 382 (Power to direct remedial work)
Clause 27
Section 382-- 28
omit, insert-- 29
`382 Power to direct remedial work 30
`(1) Subsection (2) applies to the owner of-- 31
s 66 40 s 67
Water Amendment Bill 2001
(a) defective or improper equipment connected to, or adversely 1
affecting, a service provider's infrastructure; or 2
(b) land on which there is situated vegetation or any other thing 3
adversely affecting the service provider's infrastructure or ability 4
to provide the services for which the service provider is 5
registered. 6
`(2) The service provider may give the owner a notice to do work, within 7
the reasonable time stated in the notice, to-- 8
(a) rectify the equipment; or 9
(b) remove the vegetation or other thing. 10
`(3) If the owner does not do the work within the time stated in the 11
notice-- 12
(a) an authorised person may, under section 384, enter the place 13
where the work is required and do the work; and 14
(b) the service provider may recover from the owner, as a debt due, 15
the cost of the work.'. 16
66 Amendment of s 386 (Compensation for damage)
Clause 17
Section 386(4)-- 18
omit, insert-- 19
`(4) For this section, loss or expense does not include loss or expense 20
caused by the act of-- 21
(a) removing an unauthorised connection; or 22
(b) rectifying defective or improper equipment; or 23
(c) removing vegetation or any other thing.'. 24
67 Amendment of s 408 (Preparing strategic asset management plan)
Clause 25
(1) Section 408(3)(c), `service and performance'-- 26
omit, insert-- 27
`service, including customer service, and performance'. 28
(2) Section 408(4)-- 29
insert-- 30
s 68 41 s 71
Water Amendment Bill 2001
`(ab)state the service provider's proposed arrangements for financing 1
the implementation of the plan; and'. 2
(3) Section 408(4)(ab) to (c)-- 3
renumber as section 408(4)(b) to (d). 4
68 Amendment of s 435 (Deciding application for exemption)
Clause 5
Section 435(1), `benefit to the service provider's customers'-- 6
omit, insert-- 7
`benefits'. 8
69 Amendment of s 471 (Suspending or cancelling trade waste 9
approval)
Clause 10
Section 471(7), `from the moment' to `show cause notice'-- 11
omit, insert-- 12
`without giving a show cause notice'. 13
70 Amendment of s 481 (Meaning of "referable dam")
Clause 14
Section 481(1)-- 15
insert-- 16
`(c) the chief executive has, under section 487, accepted the 17
assessment.'. 18
71 Amendment of s 482 (Meaning of "failure impact assessment")
Clause 19
Section 482(1)(b), `published in the gazette"-- 20
omit, insert-- 21
`issued'. 22
s 72 42 s 72
Water Amendment Bill 2001
72 Amendment of s 483 (When a dam must be failure impact 1
assessed)
Clause 2
(1) Section 483(4)-- 3
omit, insert-- 4
`(4) A person required under subsection (1) to have a dam failure impact 5
assessed must ensure the assessment is completed, and accepted by the 6
chief executive under section 487, before construction of the dam begins. 7
`Maximum penalty--1 665 penalty units. 8
`(4A) A person required under subsection (2) to have a dam failure 9
impact assessed must ensure the assessment is completed and given to the 10
chief executive within the reasonable time stated in the notice. 11
`Maximum penalty--1 665 penalty units. 12
`(4B) A failure impact assessment given to the chief executive must be 13
accompanied by the prescribed fee.'. 14
(2) Section 483(5), `(6)'-- 15
omit, insert-- 16
`(8)'. 17
(3) Section 483(7), `(6)'-- 18
omit, insert-- 19
`(8)'. 20
(4) Section 483(7)(b)-- 21
omit, insert-- 22
`(b) a dam mentioned in subsection (2) if-- 23
(i) the last failure impact assessment for the dam, carried out 24
under subsection (2) or (8), has not given the dam a 25
category 1 or category 2 failure impact rating; and 26
(ii) the dam does not meet the criteria stated in subsection (1)(a) 27
or (b).'. 28
(5) Section 483(4A) to (7)-- 29
renumber as subsections (5) to (9). 30
s 73 43 s 75
Water Amendment Bill 2001
73 Amendment of s 490 (Rejecting failure impact assessment)
Clause 1
Section 490-- 2
insert-- 3
`(3) If the assessment relates to an existing dam, the information notice 4
must require the owner to-- 5
(a) have a new assessment completed and certified; and 6
(b) give the certified assessment to the chief executive for a decision 7
under section 487 within the reasonable time stated in the notice. 8
`(4) The owner must comply with the notice, unless the owner has a 9
reasonable excuse for not complying. 10
`Maximum penalty--1 665 penalty units.'. 11
74 Amendment of s 491 (Safety conditions for existing referable 12
dams)
Clause 13
Section 491(7), from `the chief executive must'-- 14
omit, insert-- 15
`the chief executive must-- 16
(a) give the owner an information notice about the safety conditions; 17
and 18
(b) give the local government for the area a copy of the safety 19
conditions.'. 20
75 Amendment of s 492 (Changing safety conditions)
Clause 21
(1) Section 492(2), from `the chief executive must'-- 22
omit, insert-- 23
`the chief executive must-- 24
(a) give the owner of the dam an information notice about the 25
changed safety conditions; and 26
(b) give the local government for the area a copy of the changed 27
safety conditions.'. 28
s 76 44 s 79
Water Amendment Bill 2001
(2) Section 492(5), `section 491(7) or (8)'-- 1
omit, insert-- 2
`section 491(8) or (9)'. 3
76 Amendment of s 494 (Emergency powers)
Clause 4
Section 494(3)(d), `section 214.'-- 5
omit, insert-- 6
`, other than for the purposes of a review of, or an appeal against, the 7
decision to give the notice.4'. 8
77 Omission of s 518 (Non-disclosure of commercially sensitive 9
information)
Clause 10
Section 518-- 11
omit. 12
78 Amendment of s 548 (Establishing water authorities)
Clause 13
Section 548(3)-- 14
omit, insert-- 15
`(3) The regulation must name the authority and, if the authority is 16
established for an authority area, identify the authority area.'. 17
79 Replacement of s 583 (Identification and disclosure of 18
cross-subsidies)
Clause 19
Section 583-- 20
omit, insert-- 21
`583 Identification and disclosure of cross-subsidies 22
`(1) This section applies to the following water authorities that charge on 23
a volumetric basis for water the authorities manage-- 24
(a) category 1 water authorities; 25
4 See chapter 6.
s 80 45 s 80
Water Amendment Bill 2001
(b) other water authorities prescribed by regulation. 1
`(2) Each water authority must include in its annual report a statement-- 2
(a) identifying and disclosing all cross-subsidies between classes of 3
its customers in carrying out its water activities; and 4
(b) disclosing-- 5
(i) the classes of its customers for whom a water activity is 6
carried out at an amount below the full cost of the activity; 7
and 8
(ii) the amount. 9
`(3) The cross-subsidies must be calculated in accordance with the 10
guidelines, if any, issued by the chief executive for calculating 11
cross-subsidies.'. 12
80 Replacement of s 598 (Composition of board for water 13
authorities)
Clause 14
Section 598-- 15
omit, insert-- 16
`598 Composition of board for water authorities 17
`(1) As soon as practicable after a water authority is established under 18
section 548, the chief executive must publish a notice in the gazette 19
stating-- 20
(a) the number of directors comprising the authority's board; and 21
(b) whether the directors are to be elected by the authority's 22
ratepayers or nominated and, if they are to be nominated, by 23
whom they are to be nominated. 24
`(2) The directors must be elected or nominated in accordance with the 25
procedures prescribed under a regulation. 26
`(3) Subsection (1) has effect subject to sections 599 and 600. 27
`598A Changing the composition of a board 28
`(1) Subsection (2) applies for a proposed change in the composition of 29
the board of a water authority. 30
s 81 46 s 81
Water Amendment Bill 2001
`(2) The chief executive must publish notice of the proposed change in 1
the way stated in section 552(1). 2
`(3) The notice must state the following-- 3
(a) the proposed change; 4
(b) that written submissions on the proposed change may be made to 5
the chief executive; 6
(c) the day, at least 20 business days after the notice is published, by 7
which submissions may be made; 8
(d) where the submissions may be made. 9
`(4) The chief executive must consider each properly made submission 10
about the proposed change before publishing a notice in the gazette 11
amending the notice published under section 598. 12
`(5) Subsection (2) does not apply if the change-- 13
(a) merely corrects a minor error in the notice published under 14
section 598; or 15
(b) is not a change of substance.'. 16
81 Amendment of s 602 (Administration of water authority)
Clause 17
(1) Section 602-- 18
insert-- 19
`(1A) Subsection (3) applies if-- 20
(a) the Governor in Council removes all the directors of a water 21
authority's board from office; or 22
(b) for another reason, there are no directors comprising a water 23
authority's board.'. 24
(2) Section 602(2), words before `Minister may appoint'-- 25
omit, insert-- 26
`The'. 27
(3) Section 602(1A) and (2)-- 28
renumber as section 602(2) and (3). 29
s 82 47 s 84
Water Amendment Bill 2001
82 Amendment of s 816 (Unauthorised water bore activities)
Clause 1
Section 816(2)-- 2
insert-- 3
`(c) carrying out a water bore drilling activity if the activity would 4
not result in the water bore being more than 6 m deep.'. 5
83 Amendment of s 851 (Who is an interested person)
Clause 6
(1) Section 851(1), after `chief executive'-- 7
insert-- 8
`, or an authorised officer appointed by the chief executive,'. 9
(2) Section 851(3), after `regulator'-- 10
insert-- 11
`, or an authorised officer appointed by the regulator,'. 12
(3) Section 851-- 13
insert-- 14
`(3A) In this part, a person who has been given an information notice by 15
a local government is an "interested person".'. 16
(4) Section 851(5), `subsection (1) or (3) or the decision mentioned in 17
subsection (4)'-- 18
omit, insert-- 19
`subsection (1), (3) or (4) or the decision mentioned in subsection (5)'. 20
(5) Section 851(3A) to (5)-- 21
renumber as section 851(4) to (6). 22
84 Amendment of s 862 (Who may apply for internal review)
Clause 23
(1) Section 862(1)-- 24
insert-- 25
`(ba)section 851(4)--to the chief executive of the local government 26
(also the "reviewer"); or'. 27
s 85 48 s 85
Water Amendment Bill 2001
(2) Section 862(1)(c), `section 851(4)'-- 1
omit, insert-- 2
`section 851(5)'. 3
(3) Section 862(1)(ba) and (c)'-- 4
renumber as section 862(1)(c) and (d). 5
85 Amendment of s 864 (Review decision)
Clause 6
(1) Section 864(1), words before `within 20 business days'-- 7
omit, insert-- 8
`(1) Subsection (2) applies if the reviewer is satisfied the applicant has 9
complied with-- 10
(a) section 862; and 11
(b) either-- 12
(i) section 863(1); or 13
(ii) if the reviewer has extended the time for applying for an 14
internal review--section 863(1) within the time extended 15
under section 863(2); and 16
(c) if any other person was given an information notice about the 17
original decision--section 863(3) and (4). 18
`(1A) The reviewer must,'. 19
(2) Section 864(3)(b)-- 20
omit, insert-- 21
`(b) that the applicant may, within 30 business days after the day the 22
applicant is given the notice-- 23
(i) for a decision or action mentioned in section 851(3)--apply 24
for arbitration on the review decision under part 4; and 25
(ii) for a decision or action about a water bore driller's 26
licence--appeal against the review decision to the 27
Magistrates Court; and 28
(iii) for a decision or action mentioned in section 851(1) or (5), 29
other than a decision or action mentioned in subparagraph 30
s 86 49 s 87
Water Amendment Bill 2001
(ii) or (iv)--appeal against the review decision to the Land 1
Court; and 2
(iv) for a decision or action mentioned in section 489, 490, 491, 3
492 or 494--appeal against the review decision to the 4
Planning and Environment Court; and 5
(v) for a decision or action mentioned in 6
section 851(4)--appeal against the review decision to the 7
Magistrates Court; and'. 8
(3) Section 864(3)(e)-- 9
omit, insert-- 10
`(e) that the applicant may apply to the court mentioned in paragraph 11
(b)(ii), (iii), (iv) or (v) for a stay of the review decision.'. 12
(4) Section 864(4), `subsection (1) or (2)'-- 13
omit, insert-- 14
`subsection (2) or (3)'. 15
(5) Section 864(1A) to (6)-- 16
renumber as section 864(2) to (7). 17
86 Amendment of s 877 (Who may appeal)
Clause 18
Section 877 (1)(b) and (c)-- 19
omit, insert-- 20
`(b) if the review decision was about an original decision or action 21
mentioned in section 851(1) or (5), other than a decision 22
mentioned in paragraph (a) or (c)--the Land Court; and 23
(c) if the review decision was about an original decision or action 24
mentioned in section 489, 490, 491, 492 or 494--the Planning 25
and Environment Court; and 26
(d) if the review decision was about a decision or action mentioned 27
in section 851(4)--the Magistrates Court.'. 28
87 Amendment of s 921 (Evidentiary aids)
Clause 29
Section 921-- 30
insert-- 31
s 88 50 s 89
Water Amendment Bill 2001
`(3) A certificate purporting to be signed by an authorised officer stating 1
that during a stated period a stated quantity of water passed through a 2
device used for recording the taking of, interfering with, or use of water is 3
evidence of the matters stated.'. 4
88 Amendment of s 955 (Governor in Council may appoint 5
administrator to operate infrastructure)
Clause 6
(1) Section 955(2), after `to operate the infrastructure', first mention-- 7
insert-- 8
`and use the service provider's water entitlement to supply the registered 9
service'. 10
(2) Section 955(4), after `operate the infrastructure'-- 11
insert-- 12
`and supply the registered service'. 13
89 Insertion of new s 959
Clause 14
Chapter 8, part 1-- 15
insert-- 16
`959 Displacement provision for Corporations legislation 17
`This part is declared to be a Corporations legislation displacement 18
provision for the Corporations Act, section 5G,5 in relation to the 19
Corporations Act, parts 5.2 to 5.7.6'. 20
5 Corporations Act, section 5G (Avoiding direct inconsistency arising between the
Corporations legislation and State and Territory laws)
6 Corporations Act, parts 5.2 (Receivers and other controllers, of property of
corporations), 5.3A (Administration of company's affairs with a view to executing a
deed of company arrangement), 5.4 (Winding up in insolvency), 5.4A (Winding up
by the Court on other grounds), 5.5 (Voluntary winding up), 5.6 (Winding up
generally) and 5.7 (Winding up bodies other than companies)
s 90 51 s 91
Water Amendment Bill 2001
90 Amendment of s 966 (Additional criteria for assessing 1
developmentapplications)
Clause 2
(1) Section 966(1)(c)-- 3
omit, insert-- 4
`(c) operational work in a drainage and embankment area controlling 5
the flow of water into or out of a watercourse, lake or spring; or 6
(d) operational work-- 7
(i) that is the construction of a referable dam; or 8
(ii) that will increase the storage capacity of a referable dam by 9
more than 10%: or 10
(e) development in a declared catchment area.'. 11
(2) Section 966(2)-- 12
omit, insert-- 13
`(2) The chief executive must assess the development application against 14
the purposes of this Act to the extent the purposes relate to the following-- 15
(a) for development mentioned in subsection (1)(a)--the taking of or 16
interfering with water; 17
(b) for development mentioned in subsection (1)(b)--other 18
resources; 19
(c) for development mentioned in subsection (1)(c)--the protection 20
of watercourses and water in watercourses; 21
(d) for development mentioned in subsection (1)(d)--referable 22
dams; 23
(e) for development mentioned in subsection (1)(e)--preserving 24
water quality in the catchment area.'. 25
91 Amendment of s 967 (IPA approval for development is subject to 26
approval under this Act)
Clause 27
(1) Section 967(1)(a), `entitled'-- 28
omit, insert-- 29
`required to hold a water entitlement'. 30
(2) Section 967(3) and (4)-- 31
s 92 52 s 92
Water Amendment Bill 2001
omit, insert-- 1
`(3) The application for the development permit must be accompanied 2
by the chief executive's written consent to the application being made. 3
`(4) The chief executive may refuse to consent if-- 4
(a) the person does not hold an entitlement to take or interfere with 5
water; or 6
(b) the person holds a water entitlement but the works for which the 7
development permit is required are not consistent with the 8
entitlement. 9
`(5) A development permit, to the extent it relates to operational work for 10
taking or interfering with water from a watercourse or lake, is taken to 11
include a right to use and occupy the part of the bed or bank of the 12
watercourse or lake-- 13
(a) that adjoins the owner's land; and 14
(b) on which the works are situated.'. 15
92 Amendment of s 968 (Chief executive may direct works to be 16
modified or removed)
Clause 17
(1) Section 968(1)(b)-- 18
omit, insert-- 19
`(b) that, if the works were to be constructed at the time the show 20
cause notice is given under subsection (2), are either-- 21
(i) works for which a development application would be 22
required; or 23
(ii) works that would be self-assessable development under the 24
Integrated Planning Act 1997.'. 25
(2) Section 968(2)(a), `a water entitlement holder'-- 26
omit, insert-- 27
`the holder of a water entitlement'. 28
s 93 53 s 95
Water Amendment Bill 2001
93 Amendment of s 970 (Allocation of quarry material is subject to 1
IPA approval)
Clause 2
Section 970(3)-- 3
omit. 4
94 Replacement of s 971 (Development applications for referable 5
dams)
Clause 6
Section 971-- 7
omit, insert-- 8
`971 Development applications for referable dams 9
`(1) Subsection (2) applies if a person makes a development application 10
for operational work-- 11
(a) that is the construction of a referable dam; or 12
(b) that will increase the storage capacity of a referable dam by more 13
than 10%. 14
`(2) The development application must be supported by-- 15
(a) evidence that the chief executive has accepted a failure impact 16
assessment of the dam; and 17
(b) if a water entitlement is required to operate the dam--the chief 18
executive's written consent to the application being made.'. 19
95 Insertion of new s 1004A
Clause 20
After section 1004-- 21
insert-- 22
`1004A Referral panels established by the Minister 23
`(1) If the Minister receives an application under section 42A, the 24
Minister must-- 25
(a) establish a referral panel, consisting of at least 3 individuals, to 26
consider the application; and 27
(b) refer the application to the panel. 28
`(2) The panel must consider-- 29
(a) whether the works to which the application relates-- 30
s 96 54 s 97
Water Amendment Bill 2001
(i) are substantially completed; or 1
(ii) would have been completed by the completion day but for a 2
change in circumstances beyond the applicant's control; and 3
(b) whether the works can be completed, to the extent they would be 4
functional, within a reasonable time. 5
`(3) The panel must make a recommendation, about the application, to 6
the Minister within 20 business days after the day the panel receives the 7
application.'. 8
96 Amendment of s 1006 (Declarations about watercourses)
Clause 9
Section 1006-- 10
insert-- 11
`(2) A regulation may declare water in an aquifer under a watercourse, 12
or under land adjacent to a watercourse, to be water in the 13
watercourse. 14
`(3) Water declared under a regulation to be in a watercourse is not 15
subartesian water.'. 16
97 Amendment of s 1007 (Records to be kept by registrar of titles)
Clause 17
(1) Section 1007, heading, `by registrar of titles'-- 18
omit, insert-- 19
`in registries'. 20
(2) Section 1007-- 21
insert-- 22
`(5) If a land and water management plan is required under section 73 to 23
use water taken under a water allocation, the chief executive must give 24
notice of the requirement to the registrar of water allocations. 25
`(6) The registrar must record the notice in a way that a search of the 26
register relating to the water allocation will show that a land and water 27
management plan is required for the use of the water.'. 28
s 98 55 s 99
Water Amendment Bill 2001
98 Insertion of new s 1010A
Clause 1
After section 1010-- 2
insert-- 3
`1010A Non-disclosure of commercially sensitive information 4
`(1) This section applies if-- 5
(a) information about a person (a "client") is received by the 6
Minister, the chief executive or the regulator (the "entity") under 7
section 36, 97 or 517;7 and 8
(b) the client who provides the information advises the entity that the 9
information is commercially sensitive; and 10
(c) the entity believes disclosure of the information-- 11
(i) would be likely to damage the client's commercial 12
activities; and 13
(ii) would not be in the public interest. 14
`(2) The entity must take all reasonable steps to ensure the information is 15
not, without the client's consent, disclosed to another person other than an 16
employee of the department who receives the information in the course of 17
the employee's duties. 18
`(3) The employee must not disclose to any person information the 19
employee obtains under subsection (2). 20
`(4) In this section-- 21
"commercially sensitive" means reasonably expected to adversely affect 22
the client's commercial activities.'. 23
99 Insertion of new s 1013A
Clause 24
After section 1013-- 25
insert-- 26
7 Section 36 (Obtaining water information), 97 (Notice of proposal to water
infrastructure operators) or 517 (Information may be required from service
providers)
s 100 56 s 100
Water Amendment Bill 2001
`1013A Fees and charges payable to the chief executive 1
`(1) This section applies to a fee or charge payable to the chief executive 2
under a regulation made under this Act. 3
`(2) Any amount of the fee or charge remaining unpaid after the day 4
stated in the regulation for payment of the fee or charge-- 5
(a) bears interest at the rate stated in the regulation; and 6
(b) is a debt due and payable to the State. 7
`(3) The Minister may waive, completely or partly, payment of a fee or 8
charge and any interest payable on the fee or charge if the Minister is 9
satisfied the person by whom the fee or charge is payable is suffering 10
hardship because of the effects of-- 11
(a) drought, flood, fire or other natural disaster; or 12
(b) economic recession.'. 13
100 Amendment of s 1014 (Regulation-making power)
Clause 14
(1) Section 1014(2)(c), `minimum'-- 15
omit. 16
(2) Section 1014(2)-- 17
insert-- 18
`(ca) state, in relation to meters, the following-- 19
(i) when a meter must be installed to measure the volume of 20
water taken, the rate at which it is taken and the time it is 21
taken; 22
(ii) who may install the meter; 23
(iii) who must pay, and the arrangements for payment, for the 24
installation, maintenance and reading of the meter; 25
(iv) the minimum standards for the design, construction, 26
installation and maintenance of meters; and 27
(cb) state the minimum standards for the construction and 28
decommissioning of works relating to aquifers; and 29
(ea) declare, for the Integrated Planning Act 1997-- 30
(i) an area to be a drainage and embankment area; and 31
s 101 57 s 102
Water Amendment Bill 2001
(ii) the works within the area that are to be assessable or 1
self-assessable development; and 2
(fa) approve a code for carrying out self-assessable development that 3
is operational work mentioned in the Integrated Planning Act 4
1997, schedule 8, part 2, item 9A; and'. 5
(3) Section 1014(2)(ca) to (g)-- 6
renumber as section 1014(d) to (k). 7
101 Amendment of s 1041 (Completed water allocation and 8
management plans)
Clause 9
(1) Section 1041(1), `in December 1999'-- 10
omit, insert-- 11
`by the department' 12
(2) Section 1041(2), from `to make'-- 13
omit, insert-- 14
`without the need to advertise the amendment under chapter 2, part 3, if 15
the amendment is-- 16
(a) to make the plan consistent with current drafting practice; or 17
(b) an amendment of section 19 of the plan about the authorisations 18
for taking water in the plan area that will be converted to water 19
allocations.'. 20
102 Amendment of s 1046 (Declared subartesian areas)
Clause 21
Section 1046-- 22
insert-- 23
`(4) Subsection (5) applies if a person has existing works for the taking 24
of, or interfering with, subartesian water in a subartesian area. 25
`(5) The chief executive may grant a water licence to the person without 26
an application being made under section 206.'. 27
s 103 58 s 103
Water Amendment Bill 2001
103 Replacement of s 1048 (Existing applications, licences and 1
permits)
Clause 2
Section 1048-- 3
omit, insert-- 4
`1048 Existing applications 5
`(1) Subsection (2) applies to an application for or about a licence or 6
permit, made under the repealed Act but not decided before the 7
commencement of this section. 8
`(2) On the commencement-- 9
(a) an application under section 42 of the repealed Act for a licence 10
to take or use water, is taken to be an application under 11
section 206 for a licence to take or interfere with the flow of 12
water; and 13
(b) publication of a notice under section 42(6) of the repealed Act is 14
taken to be publication of a notice under section 208; and 15
(c) an objection under section 42(9) of the repealed Act is taken to 16
be a properly made submission under section 211(3); and 17
(d) an application under section 44(2) of the repealed Act to amend, 18
modify, vary, revoke or add a term to which a licence is subject-- 19
(i) to the extent the application relates to the taking of 20
water--is taken to be an application under section 219 to 21
make a minor amendment to a licence; and 22
(ii) to the extent the application relates to works for the taking 23
of water and conditions that relate to the works-- 24
(A) if the chief executive would be the assessment manager 25
for the construction of the works--is taken to be an 26
application in relation to a development permit to 27
which chapter 8, part 2 applies; and 28
(B) if the chief executive is not the assessment 29
manager--lapses; and 30
(e) an application under section 45 of the repealed Act to amend a 31
licence-- 32
(i) to the extent the application relates to the taking of 33
water--is taken to be an application under section 216 to 34
amend a licence; and 35
s 103 59 s 103
Water Amendment Bill 2001
(ii) to the extent the application relates to works for the taking 1
of water and conditions that relate to the works-- 2
(A) if the chief executive would be the assessment manager 3
for the construction of the works--is taken to be an 4
application in relation to a development permit to 5
which chapter 8, part 2 applies; and 6
(B) if the chief executive is not the assessment 7
manager--lapses; and 8
(f) a show cause notice given under section 50 of the repealed Act is 9
taken to be-- 10
(i) if the notice is about taking or interfering with the flow of 11
water--a show cause notice under section 218(3); and 12
(ii) if the notice is about modifying or removing works--a show 13
cause notice under section 968(2); and 14
(g) an application under section 46 of the repealed Act to renew a 15
licence is taken to be an application under section 220; and 16
(h) an application under section 46 of the repealed Act to renew an 17
expired licence, made within 4 months after the day the licence 18
expired, is taken to be an application under section 221 to 19
reinstate a licence, made within 30 business days after the licence 20
expired; and 21
(i) for section 221, a licence that expires within 4 months before the 22
day section 221 commences is taken to have expired on the day 23
after section 221 commences; and 24
(j) an application under section 47 of the repealed Act to transfer a 25
licence is taken to be an application under section 222; and 26
(k) an application under section 71 of the repealed Act to destroy 27
vegetation, excavate or place fill in a watercourse, lake or spring 28
is taken to be an application under section 266; and 29
(l) an application under section 58 of the repealed Act to take, get, 30
remove or otherwise interfere with quarry material, lapses; and 31
(m) an application under section 42 of the repealed Act for a driller's 32
licence is taken to be an application under section 299; and 33
(n) an application under section 42 of the repealed Act to construct 34
works-- 35
s 103 60 s 103
Water Amendment Bill 2001
(i) if the chief executive would be the assessment manager for 1
construction of the works--is taken to be an application for 2
a development permit to which chapter 8, part 2 applies; and 3
(ii) if the chief executive is not the assessment 4
manager--lapses; and 5
(o) an application under section 57 of the repealed Act, to construct 6
or use works to take water, lapses; and 7
(p) an application not mentioned in paragraphs (a) to (o) may be 8
taken to be an application for or about a licence or permit under 9
an equivalent provision of this Act. 10
`(3) If part of an application mentioned in subsection (1) is about a 11
referable dam, the part lapses. 12
`(4) This section does not apply to an application for a licence made 13
under the repealed Act but not decided before the commencement, relating 14
to a dam containing, or a proposed dam that after its construction will 15
contain, hazardous waste. 16
`(5) In subsection (3)-- 17
"referable dam" has the meaning given by the Water Resources Act 1989, 18
section 2, but does not include a dam containing, or a proposed dam 19
that after its construction will contain, hazardous waste. 20
`1048A Existing licences, permits and approvals 21
`(1) Subsection (2) applies to-- 22
(a) each licence or permit granted under the repealed Act and in 23
force immediately before the commencement of this section; and 24
(b) the part of each licence or permit granted under the repealed Act 25
and that is not an interim water allocation under section 1114 and 26
in force immediately before the commencement. 27
`(2) On the commencement-- 28
(a) if a licence mentioned in subsection (1)(a) was a licence for 29
works under part 4 of the repealed Act--the licence is taken to be 30
a water licence given under chapter 2, part 6, and its conditions 31
that related to the works, are taken to be a development permit; 32
and 33
s 103 61 s 103
Water Amendment Bill 2001
(b) if a part of a licence mentioned in subsection (1)(b) was a licence 1
for works under part 4 of the repealed Act--the part is taken to 2
be a development permit; and 3
(c) if a permit mentioned in subsection (1) was a permit granted 4
under section 56(1)(a) of the repealed Act--the permit is taken to 5
be a water licence given under chapter 2, part 6, and its 6
conditions that related to the works, are taken to be a 7
development permit; and 8
(d) if a permit mentioned in subsection (1) was a permit granted 9
under section 56(1)(b) of the repealed Act--the permit is taken to 10
be a water permit given under chapter 2, part 6; and 11
(e) if a permit mentioned in subsection (1) was a permit granted 12
under section 57 of the repealed Act to an owner of land abutting 13
a watercourse lake or spring, the permit ceases to exist; and 14
(f) if a permit mentioned in subsection (1) was a permit granted 15
under section 57 of the repealed Act to an owner of land abutting 16
a weir, barrage or dam-- 17
(i) the permit is taken to be-- 18
(A) to the extent it relates to water managed under an 19
interim resource operations licence--an interim water 20
allocation; and 21
(B) to the extent it relates to the taking of other water--a 22
water licence given under chapter 2, part 6; and 23
(ii) the permit's conditions that related to works are taken to be 24
a development permit; and 25
(g) if a permit mentioned in subsection (1) was a permit granted 26
under section 58 of the repealed Act--the permit is taken to be an 27
allocation notice given under chapter 2, part 9, and its conditions 28
that related to removal of quarry material, are taken to be a 29
development permit; and 30
(h) if a permit mentioned in subsection (1) was a permit granted 31
under section 71 of the repealed Act--the permit is taken to be a 32
permit given under chapter 2, part 8; and 33
(i) if a licence mentioned in subsection (1) was a driller's 34
licence--the licence is taken to be a water bore driller's licence 35
given under chapter 2, part 10. 36
s 103 62 s 103
Water Amendment Bill 2001
`(3) A licence or permit mentioned in subsection (2) and taken to be a 1
licence, permit or allocation notice under this Act is a licence, permit or 2
allocation notice-- 3
(a) for a permit mentioned in subsection (2)(f)(i)(B)--for 2 years 4
from commencement; and 5
(b) otherwise, for the period the licence or permit would have been 6
in force if the repealed Act had not been repealed. 7
`(4) A person granted an interim water allocation under subsection (2)(f) 8
must, within 60 business days after the day the allocation is granted, enter 9
into a supply contract for the allocation with the interim resource 10
operations licence holder. 11
`(5) If a person fails to comply with subsection (4), section 122A applies 12
as if the interim water allocation were a water allocation. 13
`(6) The chief executive may amend an interim resource operations 14
licence without complying with the provisions of chapter 2, part 5, 15
division 2 about amending the licence if the amendment is merely to allow 16
for an interim water allocation mentioned in subsection (2)(f). 17
`(7) Within 30 business days after the day the chief executive amends the 18
licence, the chief executive must give the licence holder-- 19
(a) an amended licence in the approved form; and 20
(b) an information notice. 21
`(8) The amended licence takes effect from the day the chief executive 22
gives the licence holder the information notice. 23
`(9) Subsection (10) applies to an agreement-- 24
(a) approved by regulation under section 101 of the repealed Act; 25
and 26
(b) in force immediately before the commencement. 27
`(10) The agreement is taken to be a water licence given under chapter 2, 28
part 6, and its conditions that relate to works are taken to be a development 29
permit. 30
`(11) This section does not apply to a licence under the repealed Act in 31
force immediately before the commencement, relating to a dam containing, 32
or a proposed dam that after its construction will contain, hazardous waste. 33
`(12) For 1 year after the commencement, sections 311 and 816 do not 34
apply to a person carrying out drilling activities for a subartesian bore in an 35
s 104 63 s 105
Water Amendment Bill 2001
area that was not a declared subartesian area under the repealed Act 1
immediately before the commencement. 2
`1048B Existing trade waste approvals 3
`(1) Subsection (2) applies to a trade waste approval-- 4
(a) given under the Standard Sewerage Law, section 24; and 5
(b) in force immediately before the commencement of this section. 6
`(2) On the commencement, the approval is taken to be a trade waste 7
approval granted under section 469.'. 8
104 Amendment of s 1049 (Existing applications about water in 9
irrigation or project areas)
Clause 10
Section 1049-- 11
insert-- 12
`(3) However, subsection (2)(a) does not, and never did, apply to an 13
application for a licence or permit to continue to take water if-- 14
(a) before the commencement, the applicant was involved in the 15
activity of taking water other than under a licence or permit; and 16
(b) the application does not involve an increase in the volume of 17
water to be taken.'. 18
105 Amendment of s 1063 (Existing water or sewered areas)
Clause 19
(1) Section 1063, heading, `Existing water'-- 20
omit, insert-- 21
`Water'. 22
(2) Section 1063-- 23
insert-- 24
`(3) If, after 1 October 2000 but before the commencement of 25
section 449, a resolution of a local government under the Sewerage and 26
Water Supply Act 1949 declares an area to be a water area or sewered area, 27
the water area or sewered area is a service area under this Act-- 28
s 106 64 s 107
Water Amendment Bill 2001
(a) from the date the resolution was made; and 1
(b) for the service for which the resolution was made.'. 2
106 Amendment of s 1065 (Application of div 2)
Clause 3
Section 1065(3)-- 4
omit, insert-- 5
`(3) If a licence was granted under section 43 of the repealed Act for the 6
dam, on and from the commencement-- 7
(a) to the extent the licence relates to interfering with water in a 8
watercourse, the licence is taken to be a water licence under 9
chapter 2, part 6; and 10
(b) to the extent the licence relates to works, the licence is taken to 11
be a development permit; and 12
(c) the conditions about the safety of the dam that applied to the 13
licence are taken to be conditions of the environmental authority 14
issued under the Environmental Protection Act 1994 or a 15
development approval, if any, for the dam.'. 16
107 Insertion of new s 1065A
Clause 17
Chapter 9, part 2, division 2, subdivision 1-- 18
insert-- 19
`1065A Transitional provision for dams containing hazardous waste 20
`(1) Despite the repeal of the repealed Act, until the commencement of 21
section 1065(2) and (3)-- 22
(a) the repealed Act continues to apply to a dam containing 23
hazardous waste; and 24
(b) this Act does not apply to the dam; and 25
(c) the dam is not assessable development under the Integrated 26
Planning Act 1997, schedule 8, part 1, item 3B. 27
`(2) Subsection (3) applies to an application-- 28
(a) relating to a dam containing, or a proposed dam that after its 29
construction will contain, hazardous waste; and 30
s 108 65 s 109
Water Amendment Bill 2001
(b) made under the repealed Act but not decided before the 1
commencement of section 1065(2) and (3). 2
`(3) On the commencement of section 1065(2) and (3), section 1048(2) 3
applies to the application. 4
`(4) Subsection (1) expires immediately after section 1065(2) and (3) 5
commences.'. 6
108 Amendment of s 1067 (Failure impact assessing existing 7
unlicensed dams)
Clause 8
Section 1067(3) and (4)-- 9
omit, insert-- 10
`(3) A failure impact assessment completed under subsection (2) is taken 11
to be a failure impact assessment completed under section 483(2). 12
`(4) Subsection (2) does not apply to the owner of a dam prescribed 13
under a regulation. 14
`(5) A dam mentioned in the regulation-- 15
(a) is a referable dam; and 16
(b) has the failure impact rating shown for the dam in the regulation. 17
`(6) The failure impact rating shown for the dam in the regulation is 18
taken to be a failure impact assessment completed under section 483(2). 19
`(7) For section 483(8), the day the dam was prescribed is taken to be the 20
day the last failure impact assessment was accepted by the chief executive. 21
`(8) If a failure impact assessment is completed and accepted by the 22
chief executive for a dam for which a failure impact rating has been 23
prescribed, the rating given under the assessment replaces the rating 24
prescribed for the dam.'. 25
109 Amendment of s 1068 (Failure impact assessing prescribed 26
licensed dams)
Clause 27
Section 1068-- 28
insert-- 29
`(3) The failure impact rating shown for the dam in the regulation is 30
taken to be a failure impact assessment completed under section 483(2). 31
s 110 66 s 112
Water Amendment Bill 2001
`(4) For section 483(8), the day the dam was prescribed is taken to be the 1
day the last failure impact assessment was accepted by the chief executive. 2
`(5) If a failure impact assessment is completed and accepted by the 3
chief executive for a dam for which a failure impact rating has been 4
prescribed, the rating given under the assessment replaces the rating 5
prescribed for the dam.'. 6
110 Amendment of s 1069 (Failure impact assessing licensed dams not 7
prescribed)
Clause 8
(1) Section 1069-- 9
insert-- 10
`(3A) A failure impact assessment completed under subsection (3) is 11
taken to be a failure impact assessment completed under section 483(2).'. 12
(2) Section 1069(5), `subsection (4)'-- 13
omit, insert-- 14
`subsection (5)'. 15
(3) Section 1069(3A) to (5)-- 16
renumber as section 1069(4) to (6). 17
111 Amendment of s 1089 (Existing authorities to take, or interfere 18
with, water)
Clause 19
Section 1089(1), `former water board or the chief executive'-- 20
omit, insert-- 21
`former water board, customer of a former water board or the chief 22
executive'. 23
112 Insertion of new s 1132
Clause 24
After section 1131-- 25
insert-- 26
`1132 Transitional regulation-making power 27
`(1) A regulation (a "transitional regulation") may make provision 28
about a matter for which-- 29
s 113 67 s 113
Water Amendment Bill 2001
(a) it is necessary to make provision to allow or facilitate the doing 1
of anything to achieve the transition from the operation of the 2
repealed Act to the operation of this Act; and 3
(b) this Act does not make provision or sufficient provision. 4
`(2) A transitional regulation may have retrospective operation to a day 5
not earlier than the commencement of this section. 6
`(3) A transitional regulation must declare it is a transitional regulation. 7
`(4) This section and any transitional regulation expire 1 year after the 8
commencement of this section.'. 9
113 Amendment of sch 2 (Amendments about planning matters)
Clause 10
(1) Schedule 2, amendment 2 for the Integrated Planning Act 1997, 11
paragraph (g)-- 12
omit, insert-- 13
` `(g)operations of any kind and all things constructed or installed that 14
allow taking, or interfering with, water (other than using a water 15
truck to pump water) under the Water Act 2000;'.'. 16
(2) Schedule 2, amendment 3 for the Integrated Planning Act 1997, from 17
`the application'-- 18
omit, insert-- 19
`the application to be supported by-- 20
(a) evidence of an allocation of the resource; or 21
(b) the written consent of the chief executive, of the department in 22
which the other Act is administered, to the application being 23
made.8'. 24
(3) Schedule 2, amendments 6 to 11 for the Integrated Planning Act 25
1997-- 26
omit. 27
(4) Schedule 2, amendment 15 for the Integrated Planning Act 1997, 28
item 3B, words before paragraph (a)-- 29
omit, insert-- 30
8 For example, see the Water Act 2000, chapter 2, part 9 or chapter 8, part 2.
s 113 68 s 113
Water Amendment Bill 2001
``3B.Carrying out operational work that is operations of any kind and 1
all things constructed or installed that allow taking, or interfering 2
with, water (other than using a water truck to pump water) under 3
the Water Act 2000 if the operations allow, under the Water 4
Act 2000--'. 5
(5) Schedule 2, amendment 15 for the Integrated Planning Act 1997, 6
item 3B(a), after `section 20(2), (3) or (5))'-- 7
insert-- 8
`or from a dam constructed on a watercourse'. 9
(6) Schedule 2, amendment 15 for the Integrated Planning Act 1997, 10
item 3B(c), `water mentioned'-- 11
omit, insert-- 12
`water, if the operations are mentioned as assessable development'. 13
(7) Schedule 2, amendment 15 for the Integrated Planning Act 1997, 14
item 3B-- 15
insert-- 16
`(d) controlling the flow of water into or out of a watercourse, lake or 17
spring in an area declared under the Water Act 2000 to be a 18
drainage and embankment area if the operations are declared 19
under the Water Act 2000 to be assessable development.'. 20
(8) Schedule 2, amendment 15 for the Integrated Planning Act 1997, 21
item 3C-- 22
omit, insert-- 23
`3C. Carrying out operational work-- 24
(a) that is the construction of a referable dam under the Water Act 25
2000; or 26
(b) that will increase the storage capacity of a referable dam by more 27
than 10%.'. 28
(9) Schedule 2, amendment 17 for the Integrated Planning Act 1997, 29
item 9A, words before paragraph (a)-- 30
omit, insert-- 31
`9A. Carrying out operational work that is operations of any kind and all 32
things constructed or installed for taking water if the operations allow--'. 33
s 114 69 s 114
Water Amendment Bill 2001
(10) Schedule 2, amendment 17 for the Integrated Planning Act 1997, 1
item 9A(b), `water mentioned'-- 2
omit, insert-- 3
`water, if the operations are mentioned as self-assessable development'. 4
(11) Schedule 2, amendment 17 for the Integrated Planning Act 1997, 5
item 9A-- 6
insert-- 7
`(c) controlling the flow of water into or out of a watercourse, lake or 8
spring in an area declared under the Water Act 2000 to be a 9
drainage and embankment area if the operations are declared 10
under the Water Act 2000 to be self-assessable development.'. 11
(12) Schedule 2, amendment 18 for the Integrated Planning Act 1997-- 12
omit, insert-- 13
`18. Schedule 8, part 3, item 13(a), from `use'-- 14
omit, insert-- 15
`use, other than-- 16
(i) the clearing of native vegetation on freehold land; or 17
(ii) operations of any kind and all things constructed or installed 18
for taking, or interfering with, water (other than using a 19
water truck to pump water) if the operations are for taking, 20
or interfering with, water under the Water Act 2000; and'.'. 21
(13) Schedule 2, heading and amendments for the Vegetation 22
Management Act 1999-- 23
omit. 24
114 Amendment of sch 4 (Dictionary)
Clause 25
(1) Schedule 4, definitions "bulk water service provider", 26
"performance indicator", "publish" and "water sharing rules"-- 27
omit. 28
(2) Schedule 4-- 29
insert-- 30
s 114 70 s 114
Water Amendment Bill 2001
` "bulk water service" means the supply of large quantities of water other 1
than as an irrigation service. 2
"megalitre" means 1 million litres. 3
"ML" means megalitre. 4
"owner", for chapter 2, part 6, see section 203. 5
"performance indicator", for a water resource plan, means a measure that 6
can be calculated and is stated in the plan to assess the impact of an 7
allocation and management decision or proposal on water 8
entitlements and natural ecosystems. 9
` "publish"-- 10
1. "Publish", for a notice under section 21 or 246 means to publish 11
the notice-- 12
(a) in a newspaper circulating generally throughout the area for 13
which the notice is published; or 14
(b) by notice to an affected licensee or permittee. 15
2. "Publish", for a notice under section 22 or chapter 2, part 3 or 4, 16
means to publish the notice-- 17
(a) in a newspaper circulating generally throughout the area for 18
which the notice is published; and 19
(b) on the department's web site on the internet. 20
3. "Publish", for a notice under another provision of this Act, means 21
to publish the notice-- 22
(a) if the provision states the way the notice must be 23
published--in the way stated in the provision; or 24
(b) if the provision does not state the way the notice must be 25
published--in a newspaper circulating generally throughout 26
the area for which the notice is published. 27
"water sharing rules" means-- 28
(a) for a water entitlement managed under a resource operations 29
plan--the water sharing rules included in the plan; and 30
(b) for a water licence not managed under a resource operations 31
plan--the water sharing rules prescribed under a regulation, for 32
the licence.'. 33
s 114 71 s 114
Water Amendment Bill 2001
(3) Schedule 4, definition "dam", item 3-- 1
omit, insert-- 2
`3. The term does not include the following-- 3
(a) a rainwater tank; 4
(b) a water tank constructed of steel or concrete or a combination of 5
steel and concrete; 6
(c) a water tank constructed of fibreglass, plastic or similar 7
material.'. 8
(4) Schedule 4, definition "flow conditions", paragraph (a), after `flow 9
of water'-- 10
insert-- 11
`in'. 12
(5) Schedule 4, definition "information notice", `of the Minister' to 13
`regulator'-- 14
omit, insert-- 15
`under this Act'. 16
(6) Schedule 4, definition "information notice", paragraph (c), from 17
`decision'-- 18
omit, insert-- 19
`decision, or apply for arbitration, within 30 business days after the day 20
the notice is given and how the person may appeal or apply.'. 21
(7) Schedule 4, definition "lake", paragraph (b)-- 22
omit, insert-- 23
`(b) the bed and banks and any other element confining or containing 24
the water.'. 25
(8) Schedule 4, definition "original decision", `section 851(5)'-- 26
omit, insert-- 27
`section 851(6)'. 28
(9) Schedule 4, definition "overland flow water", item 2(a)-- 29
omit, insert-- 30
s 114 72 s 114
Water Amendment Bill 2001
`(a) water that has naturally infiltrated the soil in normal farming 1
operations, including infiltration that has occurred in farming 2
activity such as clearing, replanting and broadacre ploughing; 3
or'. 4
(10) Schedule 4, definition "retail water service", item 2-- 5
omit, insert-- 6
`2. The term does not include-- 7
(a) an irrigation service or a bulk water service in any area; or 8
(b) the supply of recycled water in any area.'. 9
(11) Schedule 4, definition "small service provider"-- 10
insert-- 11
`(c) for a water service other than a water service mentioned in 12
paragraph (a) or (b), a service provider-- 13
(i) with not more than 100 customers; and 14
(ii) that mainly provides drainage services or water for domestic 15
purposes or for watering stock; or'. 16
(12) Schedule 4, definition "water allocation transfer rules", 17
`transfer'-- 18
omit, insert-- 19
`change'. 20
(13) Schedule 4, definition "watercourse", item 1, paragraphs (c) and 21
(d)-- 22
omit, insert-- 23
`(c) unless a regulation under paragraph (d), (e) or (f) declares 24
otherwise--at every place upstream of the point ("point A") to 25
which the spring tide normally flows and reflows, whether due to 26
a natural cause or to an artificial barrier; or 27
(d) if a regulation has declared an upstream limit for the 28
watercourse--the part of the river, creek or stream between the 29
upstream limit and point A; or 30
(e) if a regulation has declared a downstream limit for the 31
watercourse--the part of the river, creek or stream upstream of 32
the limit; or 33
s 115 73 s 115
Water Amendment Bill 2001
(f) if a regulation has declared an upstream and a downstream limit 1
for the watercourse--the part of the river, creek or stream 2
between the upstream and the downstream limits.'. 3
(14) Schedule 4, definition "water service", item 2, `part 3'-- 4
omit, insert-- 5
`part 2'. 6
115 Consequential amendments
Clause 7
Schedule 1 amends the Acts it mentions. 8
74
Water Amendment Bill 2001
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 115 3
WATER RESOURCES ACT 1989 4
1 Section 47(1), `ownership'-- 5
omit, insert-- 6
`the registered proprietor'. 7
2 Section 249A, after `the department'-- 8
insert-- 9
`or another department'. 10
11
75
Water Amendment Bill 2001
SCHEDULE 2 1
MINOR AMENDMENTS 2
section 3 3
1 Section 50(3)(a)-- 4
omit, insert-- 5
`(a) subordinate legislation for the Statutory Instruments Act 1992; 6
and'. 7
2 Section 52(1), `final'-- 8
omit. 9
3 Section 65(3)(a)-- 10
omit, insert-- 11
`(a) subordinate legislation for the Statutory Instruments Act 1992; 12
and'. 13
4 Section 100(2)(c), `section 100'-- 14
omit, insert-- 15
`section 101'. 16
5 Section 109(d), from `, including'-- 17
omit. 18
6 Section 126(1), `the granting of'-- 19
omit, insert-- 20
`the granting or amending of'. 21
76
Water Amendment Bill 2001
SCHEDULE 2 (continued)
7 Section 128(1)(c)-- 1
omit. 2
8 Section 191(1), `190'-- 3
omit, insert-- 4
`192'. 5
9 Section 191(1)(b)-- 6
omit. 7
10 Section 195-203-- 8
omit, insert-- 9
`200-202 Section numbers not used 10
`See footnote to section 1.'. 11
11 Section 206(1), `owners of 2 contiguous parcels'-- 12
omit, insert-- 13
`owners of contiguous parcels'. 14
12 Section 288(5)(b), `renewal'-- 15
omit, insert-- 16
`transfer'. 17
13 Section 288(5)(c), `notice', first mention-- 18
omit. 19
77
Water Amendment Bill 2001
SCHEDULE 2 (continued)
14 Section 417(3)(b), `days'-- 1
omit, insert-- 2
`business days'. 3
15 Section 419(5), `(6) and (8)'-- 4
omit, insert-- 5
`(6) to (8)'. 6
16 Section 430(4)(b)(ii), `plan'-- 7
omit, insert-- 8
`standard'. 9
17 Section 484(1), `assessment'-- 10
omit, insert-- 11
`assessment, accepted by the chief executive under section 487,'. 12
18 Section 489(3)(b), `section 487(1)'-- 13
omit, insert-- 14
`section 487'. 15
19 Section 550(1)(b), `common'-- 16
omit. 17
20 Section 754(1), `special'-- 18
omit. 19
21 Section 891(1), from `, other than'-- 20
omit. 21
78
Water Amendment Bill 2001
SCHEDULE 2 (continued)
22 Section 959-965-- 1
omit, insert-- 2
`960-965 Section numbers not used 3
`See footnote to section 1.'. 4
23 Section 969(a), `section 282'-- 5
omit, insert-- 6
`section 283'. 7
24 Section 1004, heading, after `panels'-- 8
insert-- 9
`established by the chief executive'. 10
25 Section 1056(2), `cancelling, renewing,'-- 11
omit. 12
26 Section 1064, heading, `existing services areas'-- 13
omit, insert-- 14
`service areas'. 15
27 Section 1119-- 16
omit. 17
28 Section 1130-- 18
omit. 19
79
Water Amendment Bill 2001
SCHEDULE 2 (continued)
29 Section 1132-1136-- 1
omit, insert-- 2
`1133-1136 Section numbers not used 3
`See footnote to section 1.'. 4
© State of Queensland 2001
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